Potato Patch Cabinowner's Association

Potato Patch CC&R's Document (Amended 2002)

CCR document

AMENDED PROTECTIVE COVENANTS, THE POTATO PATCH
Amended 2002

That POTATO PATCH OWNERS ASSOCIATION, an Arizona corporation, hereby certifies that by two thirds vote of the current owners of all the following described premises situated within Yavapai County, State of Arizona, to wit:
Lots 1 through 132 and Parcel G inclusive, THE POTATO PATCH UNITS 1, 2, 3 & 4 according to the plat of record in the office of the Yavapai County Recorder in Book 9 of Maps, Page 80; Book 13 of Maps, Page 48 and Book 16 of Maps Pages 27 and 28 respectively to establish the nature of the use and enjoyment thereof, and in accordance with the existing PROTECTIVE COVENANTS do hereby declare said premises subject to the following express covenants, stipulations and restrictions as to the use and enjoyment thereof, hereby amending the previous covenants for Unit 1, recorded by the Yavapai County Recorders Office in Book 325, Pages 455 through 464; Unit 2 recorded in Book 512, Pages 249 through 255; and Units 3 and 4 recorded in Book 726, Pages 745 through 749 and Book 728, Pages 327 through 331; all of which are to be construed as restrictive covenants running with each and every part and parcel thereof, as hereby amended and restated effective January 2, 2003, to wit: to establish the nature of the use and enjoyment thereof, does hereby declare said premises subject to the following express covenants, stipulations and restrictions, amending and superseding all previous Protective Covenants, as to the use and enjoyment thereof, all of which are to be construed as restrictive covenants running with the title to said premises and with each and every part and parcel thereof, to-wit:
1. There shall be created a Building Committee consisting of three persons appointed by the Potato Patch Owners Association, an Arizona corporation, its successors or assignees, hereinafter referred to as "The Association." The Building Committee shall report to the Board of Directors of the Association, which shall function for the purpose of ensuring that the restrictions and covenants contained herein are adhered to and that the general development of The Potato Patch subdivision is of the desired tone and attractiveness to secure to each lot owner the full benefit and enjoyment of his property and the community recreation area and facilities.
2. All lots in The Potato Patch shall be single-family residential lots.
3. No dwelling with less than 800 square feet of living space, exclusive of porches, pergolas or attached garage, shall be erected on any lot.
4. Detached garage and guest facilities may be erected and may be used as the main residence for a construction period not to exceed one year following the issuance of a building permit for the main dwelling. Motor homes, small trailers, or tents may be used for the same construction period only. Guest facilities may not be rented, except as part of renting one lot and its buildings as a single-family residence.
5. All plans and the location of all structures and fences on each lot shall be approved in writing by the Building Committee before any construction is started.
6. All structures shall be of new materials, or of materials approved in writing by the Building Committee.
7. All structures are to be of rustic exterior design, having all materials including roof, awnings, tarps, and covers painted, stained, or colored so as to blend with the natural surroundings.
8. All laundry drying areas, trash and waste material must be screened from public view. Said screen shall be painted, stained or colored so as to blend with natural surroundings.
9. All metal containers exposed to public view shall be painted colors which blend with the natural surroundings.
10. Except for the one-year construction period, no trailers (except small utility trailers parked inconspicuously) or motor homes may be parked on any lots, and no tents or other types of temporary buildings may be erected on any lots.
11. No disabled, abandoned or dismantled vehicles or machinery will be left on said lots, nor will unsightly accumulations of building materials be permitted except that necessary during construction; once started, construction will be pursued diligently, and in any case, all buildings will present a finished exterior within one year from the date construction is commenced. Tools, landscaping instruments, household effects, machinery or machinery parts, boats, boxes, bags, or other items that shall in appearance detract from the aesthetic value of the property shall be so placed and stored as to be concealed from public view.
12. No structure in whole or in part shall be moved on the property without the written approval of the Building Committee and must in any case be brought up to covenant standards within a six-month period, and any landscaping shall be of an informal type compatible with the natural surroundings.
13. All dwellings used for residential purposes shall install flush toilets. All bathrooms, toilets, and sanitary conveniences shall be inside the buildings permitted hereunder. All bathrooms, toilets, and sanitary conveniences shall be connected to sewage disposal systems constructed and maintained in accordance with applicable requirements and standards of Yavapai County and the State of Arizona, and all improvements will be so designed and constructed as to prevent freezing and bursting of water pipes and facilities.
14. The storage, collections, disposal, and removal of all debris, garbage, and trash must be in accordance with county, state and Forest Service requirements.
15. All outside fires, whether for cooking, trash burning, or other purposes, shall be considered dangerous and will not be permitted unless confined to a well-built and protected fireplace or incinerator. The Building Committee will decide whether such design and construction are adequate for the general safety of the community. All fireplaces, chimneys and outlets from stoves, heating appliances, and outside fireboxes must provide for protection from flying sparks by screening or other adequate spark-arresting facilities. All U.S. Forest Service fire protection regulations and directives must be observed and complied with. No outside fires are allowed during times of drought, high winds, or high fire danger as determined by the U.S. Forest Service.
16. Lot owners may have one professionally made, unlighted sign of not to exceed six square feet in area advertising the premises for sale, lease, or rent, located on the premises not closer than ten feet to adjacent property boundaries or closer than five feet to a street boundary line.
17. No livestock or poultry will be maintained on the lots except household pets that do not constitute a nuisance, although horses may be ridden in the area, but not on the lots nor in the community park area.
18. None of said lots shall be re-subdivided into smaller lots nor conveyed or encumbered in less than the full original dimensions of such lots as shown by the plat of The Potato Patch, units 1,2,3,and 4, except in making larger lot-units than the original platted lots by combining lots or parts of lots.
19. No building, exclusive of roof overhang, shall be located within ten feet of any property line except where topography or natural growth prohibit; any such deviations must be approved in writing by the Building Committee.
20. That the following described property shall be known as the Community Recreation Area and all facilities thereon, to be used for the exclusive use and benefit of the owners of lot(s) in The Potato Patch Development having been conveyed from the owners, WILDWOOD REALTY & INVESTMENTS INC. to THE POTATO PATCH OWNERS ASSOCIATION recorded on March 2, 1989 in Book 2126, Pages 975 through 977. The accompanying exceptions and reservations shown on EXHIBIT A of the Warranty Deed are also noted below:
All that part of the Hassayampa and Ranche mining claims, Survey #1556, located in the Hassayampa Mining District, patent to which is recorded in Book 63 of Deeds, Page 518, in the office of the County Recorder of Yavapai County, Arizona described as follows:
Beginning at Corner #2, the northernmost corner of the HASSAYAMPA Mining Claim;
Thence South 58o 57' East 85 feet to the POINT OF BEGINNING;
Thence South 58o 57" east 227.27 feet along the Northeasterly line of said claim;
Thence South 58o 17' East 127.73 feet along the Northeasterly line of said claim;
Thence South 18o01' 56" East (S. 18o 03' E. 332.80 Record) 331.80 feet to the Northernmost corner of Lot 24 of the POTATO PATCH subdivision;
Thence South 56o 30' West 137.00 feet;
Thence North 23o 13' West 25.41 feet (26.41 Record);
Thence North 47o 31' West 129.08 feet;
Thence North 27o 19' West (N. 27o 29' W. Record) 128.70 feet;
Thence North 31o 56' West 151.50 feet;
Thence North 03o 22' West 151.49 feet;
Thence North 58o 32' West 65 feet;
Thence North 28o 33' East 39.72 feet to the POINT OF BEGINNING
hereinafter referred to as the Community Recreation Area, together with all improvements and appurtenances thereto and any portable fire protection facilities;
EXCEPTING therefrom the following:
A. All water rights;
B. Existing well sites together with such well sites as may be necessary in the future to serve the area with water and access thereto; and
C. All water system property.
Reserving unto the owner of the water company the following:
A. An easement for ingress, egress, and utilities over existing but unrecorded roadways;

B. An easement for ingress, egress and utilities as described as follows:
A 20 foot Utility Easement lying 10 feet on each side of the following described line and located in a portion of the HASSAYAMPA AND RANCHE MINERAL CLAIMS; M.S. 1556 located approximately in SEC 25 and 36 T 12-1/? N. R 2 W, and SEC 30 and 31, T 12-1/? N, R 1 W, of the GILA AND SALT RIVER BASE AND MERIDIAN, YAVAPAI COUNTY, ARIZONA, described as follows:
BEGINNING at a stone marking the most Northerly corner of the HASSAYAMPA CLAIM;
Thence South 28o 33' West 39.72 feet to the Northerly Right of Way of Poachers Row Road;
Thence South 58o 32' East 152.80 feet along the said Right of Way;
Thence South 03o 22' East 114.41 feet more or less along the Right of Way to a point where the Water Line intersects the Right of Way and the TRUE POINT OF BEGINNING.
Thence North 66o 20' 40" East 87.89 Feet along the Water Line to a Well;
Thence North 21o 31' West 29.00 feet to a Power Pole;
Thence South 21o 31' East 29.00 feet;
Thence South 44o 56' East 128.00 feet to a Well;
Thence south 32o 36' East to a Well and end of Centerline.
C. An easement for ingress and egress over the Southeasterly 20 feet parallel to and adjoining the Northwesterly line of said Lot 24 to run with the title to Parcel G as described in Book 2249, Page 583 in the plat of record in the office of the Yavapai County Recorder.
Tract "A", Potato Patch Unit 3, is the property of the water system.
22. In order to ensure mutual peace and quiet, the laws and ordinances of the State of Arizona State and/or Yavapai County pertaining to noise, vehicle operation, animal control, and discharge of firearms are hereby specifically incorporated into these restrictions. Future changes are likewise incorporated.
23. The Community Recreation Area above described and all facilities placed thereon shall remain undivided and no owners shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the owners with respect to the operation and management of the community recreation area and facilities.
23. The purchaser and/or owner of any lot in the Potato Patch Development shall automatically, upon becoming the owner of such lot, be a member of Potato Patch Owners Association, hereinafter referred to as the "Association," and shall remain a member of said Association until such time as his ownership ceases for any reason, at which time his membership in said Association shall automatically cease. That the acceptance of a deed to any of the lots in the Potato Patch Development or the mere acquisition, rental, or occupancy of any of the lots in the Potato Patch Development or the use of any of the common facilities by any person, shall signify that these covenants and the Bylaws of The Potato Patch Owners Association are accepted, consented to, ratified, and will be complied with by such person.
24. That the administration of the Association shall be in accordance with these Amended Covenants and the Bylaws of the Association, and all members of the Association shall comply with the provisions of these covenants, the Bylaws, decisions and resolutions of the Association, and failure to comply with any such decision, provision, or resolution shall be grounds for an action to recover sums due, for damages, fines levied, or for injunctive relief. The Association Board shall have the responsibility to establish and implement the appropriate criteria, methods and schedules for such action
25. At all meetings of the Association, each member shall be entitled to one vote for each lot or prorata portion of split/adjoined lots owned by the member in the Potato Patch Development.
26. The Association, having taken legal possession of the common recreation area, is responsible for the maintenance, repair and operation of the common recreation area and all facilities installed thereon, except for those associated with the water company, and all other community facilities and shall be responsible for the payment of all costs in connection therewith, including property taxes, insurance premiums and all utilities used in connection therewith and all other costs incurred for the benefit of the lot owners as a community. The Association shall have the power to assess the individual lot owners equally for the payment of said expenses, which assessment shall become a lien upon the owners' lot and interest in the common recreation area prior to all liens, except tax liens on said property in favor of any legal assessing unit or special duties and all sums due or to become due on the first mortgage or contract of record.
27. The Association shall call an annual meeting of members for the purpose of reporting on the operation and maintenance of the common recreation area and all common facilities, at which meeting the Association shall elect, by a majority of the votes cast, not less than five (5) nor more than nine (9) persons to the Board of Directors of said Association, all of whom shall be lot owners in the Potato Patch Development, who shall within a reasonable time period estimate the expenses necessary to operate and maintain the common recreation area and all community facilities, and shall include therein an appropriate reserve and shall assess the members equally for the payment of said expenses and reserve and shall set up all necessary procedures for collection and disbursement of said funds according to the Bylaws of the Potato Patch Owners Association and may at any time adopt such other rules and regulations as are necessary to carry out the intent and purpose of these covenants, provided all costs thereof are paid by the Association and the same are consistent with these covenants.
28. Each lot owner shall pay an equal share of all assessments when the same is due, including prorata shares of any lots split or adjoined to enlarge an existing lot
and may not be exempt from liability for his or her share of the assessment by waiver or abandonment of the use and enjoyment of his or her lot or the common facilities.
29. All activities in the common recreation area herein described shall be so conducted as not to constitute a nuisance to residents and shall be conducted only with the approval of The Potato Patch Owners Association.
30. The Potato Patch Owners Association shall have final control of all matters and activities bearing on the safety, welfare, and quiet enjoyment of the community development, including fire prevention and control, both on the community recreation area and the individual lots.
34. The Association shall carry physical damage insurance on all community facilities and shall likewise carry liability insurance protecting the Association and its boards in such companies and in such amounts as is approved by the Association, but not less than $300,000.00 for any one incident, all of which policies shall be maintained and continued in full force and effect at all times.

The foregoing restrictions and covenants run with the land and shall be binding on all persons owning any lots in The Potato Patch until January 1, 2013, at which time said covenants shall be automatically extended for successive periods of ten years each, unless by a vote of at least two-thirds of the then owners of the lots in said Potato Patch, it is agreed to change the said covenants in whole or in part.
The President of the Association is hereby authorized to execute the "Amended and Restated PROTECTIVE COVENANTS" as approved for purposes of Recording at the Yavapai County Recorder's office. The Secretary shall retain the actual written votes as part of the Association's archives.
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 deed, or any part thereof, each and all of such restrictive covenants shall be valid and binding upon the respective grantees. Violation of any one or more of these covenants may be restrained by any court of competent jurisdiction and damages awarded against such violators, provided, however, that a violation of these restrictive covenants, or any one or more of them, shall not affect the lien of any mortgage now of record or which hereafter may be placed of record upon said lots. Invalidation of any one of these covenants or restrictions by judgment of court order shall in no wise effect any of the other provisions, which shall remain in full force and effect. If there is a violation or threatened or attempted violation of any of these covenants and restrictions, it shall be lawful for any person, persons, association or corporation, specifically including The Potato Patch Owners Association, owning any part of the Potato Patch Development and concerned to prosecute any proceedings at law or in equity against the person or persons violating or attempting or threatening to violate any of these covenants or restrictions, and either to restrain or to enjoin such violation or to recover damages or other dues for such violation.

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