CC&R’s Page 2 of 11 | Winfield Estates
PLAN OF DEVELOPMENT
CC&R’s Page 2 of 11:
2.1 Property Initially Subject to the Declaration. Declarant intends by this Declaration to impose upon the Property mutually beneficial restrictions under a general plan of improvement and desires to provide a flexible and reasonable procedure for the overall development of the Property and to establish a method for the administration, maintenance, preservation, use and enjoyment of the Property. Declarant hereby declares that all the Property shall be held, sold, used and conveyed subject to the easements, restrictions, conditions and covenants set forth in this Declaration, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Property. Declarant further declares that this Declaration shall be binding upon all Persons having any right, title or interest in the Property or any part thereof, their successors, successors in title and assigns and shall inure to the benefit of each Owner thereof. By acceptance of a deed or by acquiring any interest in any of the property subject to this Declaration, each Person, for himself or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the provisions, restrictions, covenants, conditions, rules, and regulations now or hereafter imposed by this Declaration and any amendments thereof. In addition, each such Person by so doing thereby acknowledges that this Declaration sets forth a general scheme for the development, sale, lease and use of the Property and hereby evidences his interest that all the restrictions, conditions, covenants, rules and regulations contained in this Declaration shall run with the land and be binding on all subsequent and future Owners, grantees, purchasers, assignees, lessees and transferees thereof. Furthermore, each such Person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the Association and all Owners. Declarant, its successors, assigns and grantees, covenant and agree that the Lots and the Membership in the Association and the other rights created by this Declaration shall not be separated or separately conveyed, and each shall be deemed to be conveyed or encumbered with its respective Lot even though the description in the instrument of conveyance or encumbrance may refer only to the Lot.
2.2 Supplemental Declarations. Declarant reserves the right, but not the obligation, to record one or more Supplemental Declarations against portions of the Property. A Supplemental Declaration may (i) designate Subdivision Services for Subdivision Assessment Areas, (ii) impose such additional covenants, conditions and restrictions as the Declarant determines to be appropriate for the Subdivision Assessment Area, (iii) establish a Subdivision Assessment pursuant to Section 6.6 of this Declaration for a Subdivision Assessment Area, and (iv) impose any additional covenants, conditions and restrictions as Declarant deems reasonably necessary and appropriate, whether or not a Subdivision Assessment Area is established. A Supplemental Declaration may only be amended by the written approval or the affirmative vote, or any combination thereof, of (i) the Owners representing more than seventy-five percent (75%) of the votes in the Association held by the Owners of all of the Lots subject to the Supplemental Declaration, (ii) the Association, and (iii) the Declarant so long as the Declarant owns any Lot or other real property in the Project. Such amendment shall certify that the amendment has been approved as required by this Section, shall be signed by the President or Vice President of the Association, and the Declarant, so long as the Declarant owns any Lot or other real property in the Project, and shall be Recorded. The Association shall have the right to record a Supplemental Declaration for any Additional Property which is annexed and subjected to this Declaration by the Association pursuant to Subsection 2.3.3 of this Declaration.
2.3 Annexation of Additional Propel.
2.3.1 At any time on or before the date which is ten (10) years after the date of the Recording of this Declaration, the Declarant shall have the right to annex and subject to this Declaration Additional Property without the consent of any other Owner or Person or the Association. The annexation of Additional Property shall be effected by the Declarant Recording a Declaration of Annexation setting forth the legal description of the Additional Property being annexed, stating that such Additional Property is annexed and subjected to the Declaration and describing any portion of the Additional Property being annexed which will be Common Area.
2.3.2 Additional Property may be annexed in separate parcels and at different times, or Additional Property may never be annexed, and there are no limitations upon the boundaries thereof. Additional Property annexed by the Declarant pursuant to this Section 2.3 need not be contiguous with other property in the Project, and the exercise of the right of annexation as to any Additional Property shall not bar the further exercise of the right of annexation as to any other Additional Property. The Declarant makes no assurances that Additional Property will or will not be annexed.
2.3.3 After the Declarant no longer owns any part of the Property subject to this Declaration, the Association may annex and subject Additional Property to this Declaration by executing and Recording a Declaration of Annexation containing the information required for a Declaration of Annexation Recorded by the Declarant pursuant to Subsection 2.3.1 of this Declaration.
2.3.4 Unless a later effective date is set forth in the Declaration of Annexation, the annexation shall become effective upon Recording of the Declaration of Annexation. Subject to the provisions of Section 5.9, the voting rights of the Owners of Lots annexed pursuant to this Section shall be effective as of the date the Declaration of Annexation annexing such property is Recorded.
2.4 Withdrawal of Property. At any time on or before the date which is fifteen (15) years after the date this Declaration is Recorded, the Declarant shall have the right to withdraw property owned by the Declarant from the Project without the consent of any other Owner or Person. The withdrawal of all or any portion of the Project shall be effected by the Declarant Recording a Declaration of Withdrawal setting forth the legal description of the property being withdrawn. Upon the withdrawal of any property from the Project pursuant to this Section, such property shall no longer be subject to any of the covenants, conditions and restrictions set forth in this Declaration.
2.5 Disclaimer of Implied Covenants. Nothing contained in this Declaration and nothing which may be represented to a Purchaser by real estate brokers or sales agents representing the Declarant shall be deemed to create any implied covenants, servitudes or restrictions with respect to the use of any property subject to this Declaration or Additional Property owned by Declarant.
2.6 Development Plan. Notwithstanding any other provision of this Declaration to the contrary, the Declarant, without obtaining the consent of any other Owner or Person, shall have the right to make changes or modifications to the Development Plan with respect to any Property owned by the Declarant in any way which the Declarant desires including, but not limited to, changing the density of all or any portion of the Property owned by the Declarant or changing the nature or extent of the uses to which the Property may be devoted.
2.7 Disclaimer of Representations. Declarant makes no representations or warranties whatsoever that: (i) the Project will be completed in accordance with the plans for the Project as they exist on the date of this Declaration is Recorded; (ii) any Property subject to this Declaration will be committed to or developed for a particular use or for any use; or (iii) the use of any Property subject to this Declaration will not be changed in the future.
2.8 Restriction on Liability of the Association and the Declarant.
2.8.1 The Declarant intends to construct gated entrances leading into the Project from Dove Valley Road and Westland Drive in order to limit access and to provide some privacy for the Owners and Residents; however, there are no guarantees that gated entrances will provide security and safety to Owners, Lessees, Residents and their families, invitees and licensees. Furthermore, each Owner, Lessee and Resident, for themselves and their families, invitees and licensees, acknowledge that the gated entrances may restrict or delay entry into the Project by the police, fire department, ambulances and other emergency vehicles or personnel. Each Owner, Lessee and Resident, for itself and its families, invitees and licensees, agrees to assume the risk that the gated entrances will restrict or delay entry to the Project by emergency vehicles and personnel. Neither the Declarant, the Association nor any director, officer, agent or
employee of the Declarant or the Association shall be liable to any Owner, Resident, Lessee or its family, invitees or licensees for any claims or damages resulting, directly or indirectly, from the construction, existence or maintenance of the gated entrances.
2.8.2 The Project lies within the Upper Sonoran Desert and contains many species of insects, reptiles and other animals. Scorpions, snakes, spiders, bobcats, hawks, javelins, gila monsters and other animals indigenous to the area may be found throughout the Project in the natural areas and may enter upon the residential and recreational portions of the Project from time to time. Each Owner, Lessee and Resident, for itself and its families, licensees and invitees, assumes the risk that such animals may be present and may present danger. Neither the Declarant, the Association nor any director, officer, agent or employee of the Declarant or the Association shall be liable to any Owner, Resident, Lessee or its family, invitees or licensees for any claims or damages resulting, directly or indirectly, from the existence of such animals within the Project.
2.8.3 Each Owner, Resident and Lessee hereby releases Declarant and the Association from any and all claims, actions, suits, demands, causes of action, losses, damages or liabilities related to or arising in connection with any nuisance, inconvenience, disturbance, injury or damage resulting from activities or occurrences described in this Section 2.8.
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