1. Land Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached singlefamily dwelling not to exceed one story in height and a private garage. One and one-half (1-1/2) and two (2) story single-family dwellings may be constructed only with the approval of the Architectural Committee. No business, trade or manufacturing of any nature or description shall be carried on or transacted on any portion of said property, nor shall any part of said premises be used as a hospital or sanitarium or other place for hire for the care or entertainment of persons suffering from any disease or disability whatsoever.

Explanation. Properties are limited to one story detached single family residential dwellings. Exceptions for 1-1/2 and 2 story structures are subject to the approval of the Architectural Control Committee. This restriction also prohibits conducting any business trade or manufacturing from any of the homes of the subdivision.

2. Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship andmaterials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation.

Explanation. This provision requires prior approval of the Architectural Control Committeefor new construction oralteration of existing construction. The Committee is permitted to withhold approval on the following terms:

a. Quality of workmanship

b. Quality of materials

c. Harmony of the exterior design with existing homes

d. Location of the new construction or the altered construction with regard to topography and finish grade level.

3. Size. The floor area of the dwelling, exclusive of porches, garages, carport and patios, shall be not less than 1,800 square feet unless otherwise approved by the Committee. (NOTE: In Moon Valley Country States, minimum dwelling size is 1,700 square feet.) No prefabricated building or structure of any nature whatsoever, permanent or temporary, shall be moved orplaced upon, or assembled orotherwise maintained on any lot, provided, however, that a temporary office, trailer office, tool shed, lumber shed and/or sales office may be maintained upon any lot or lots by any building contractor for the purpose of erecting and selling dwellings on any lot or lots, but such temporary structures shall be removed at completion of construction or selling of dwelling, whichever is later.

Explanation. Interior liveable area must be at least 1800 square feet.

4. Building location. No building shall be located on any lot nearer to the front line than twenty (20) feet. No building shall be located nearer than seven (7) feet to any interior lot line, nor closer than ten (10) feet to a side line adjacent to a street, except that side yards for detached garages and other permitted accessory buildings located in the rear one-half of the lot need only conform to the requirements of the County of Maricopa. A carport and storage room attached to the walls of the dwelling may be placed not closer than three (3) feet to an interior lot line and not closer than ten (10) feet to a side lot line adjacent to a street. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be constructed to permit any portion of a building on a lot to encroach upon another lot. In the event an owner acquires a portion of any adjoining lot or lots, the foregoing measurements shall be made from such owner's side property lines rather than from the side lot lines indicated on said recorded map or plat. None of said lots shall be resubdivided into smaller lots norconveyed or encumbered in less than the full original dimension of such lot as shown by the plat of Moon Valley except for public utilities, provided that this restriction shall not prevent the conveyance or encumbrance of adjoining or contiguous lots or parts of lots in such a manner as to create parcels of land in a common ownership having the same or greater street frontage than shown on the plat of Moon Valley for any one of the lots portions of which are so conveyed or encumbered or having a greater area that any of the lots portions of which are so conveyed or encumbered. Thereafter, such parts of adjoining or contiguous lots in such common ownership, shall, for the purchase of these restrictions, be considered as one lot. Nothing herein contained shall prevent the dedication or conveyance of portions of lots for public utilities, in which event the remaining portion of any such lot shall, for the purpose of this provision, be treated as a whole lot.

Explanation. In general, buildings must have a 20 foot setback from the front line and be 7 feet from side lot lines.

5. Fences. No fence or wall higher than two feet six inches (2'6") may be constructed across the rear forty (40) feet orrearproperty line of any lot adjoining the golf course without the permission of the Architectural Control Committee, however, rear property line fences on lots not adjoining the golf course shall not exceed six (6) feet in height; nor shall any fence or wall be constructed upon any lot unless its design and style are first approved by said Committee. Fences or walls constructed within the area of the minimumfrontor side street setbacklines (as defined in paragraph No. 4 herein) shall not exceed two feet six inches (2'6") in height; fences or walls constructed on any side lot line shall not exceed six (6) feet in height. Explanation. This restriction limits fences or walls along the golf course to 2'6" and elsewhere to 6 feet. No fence or wall can be constructed on any property without the Architectural Control Committee approving both design and style.

6. Easements. Easements, as indicated upon the recorded map of this subdivision, are reserved for the installation and maintenance of public service utilities and other uses for public or quasipublic good. No buildings shall be placed upon such easements or interference be made with the free use of the same for the purposes intended.

Explanation. The Declaration of Restrictions are self-explanatory.

7. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

Explanation. This is one of the shortest restrictions but may have one of the broadest applications. Our attorney feels that in extreme cases an activity would be prohibited even if it affects only one neighbor.

8. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

Explanation. No structure of a temporary nature may be used as a residence.

9. Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet, advertising the property for sale or rent, or as approved by the Architectural Committee. (NOTE: In Moon Valley Country Estates, maximum sign size is six (6) square feet.)

Explanation. This provision limits signs on a lot to one conventional size "For Sale" or "For Rent" sign. Any other type of sign is prohibited.

10. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot,except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. Horses may be kept for single family use subject to rules andregulations of the County of Maricopa, and approval of the Architectural Committee.

Explanation. This provision limits animals to dogs, cats, and other "household pets" provided they are not maintained for any commercial purpose.

11. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground forrubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall bekeptin aclean and sanitary condition. Explanation. Trash, garbage and other waste must be kept in sanitary containers.

12. 0il and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

Explanation. No oil rigs, please.

13. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above roadways, shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines or, in the case of a rounded property corner, from the intersection of the street property lines extended. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

Explanation. No homeowner may place a fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6)feet above roadways in the 25 foot apex area. This is a traffic safety measure.

14. Completion of Construction. Any building in this subdivision the construction of which has been started, shall be completed without delay, except when such delay is caused by acts of God, strikes, actual inability of the owner to procure delivery of necessary material, or by interference by other persons or forces beyond the control of the owner to prevent. Financial inability of the owner or his contractor to secure labor or materials or discharge liens or attachments shall not be deemed a cause beyond his control.

Explanation. This provision requires a timely completion of any construction begun on a lot in the subdivision.

15. Care of Properties. All vacant lots in this subdivision shall be at all times kept free of rubbish and litter, weeds and grass shall be disced out or kept well mowed so as to present a tidy appearance. The yards and grounds in connection with all improved properties shall be at all times kept in a neat and sightly condition and shall be cultivated and planted to any extent sufficient to maintain an appearance not out of keeping with that of typical improved properties in this subdivision. During prolonged absence, owner of said lot agrees he will arrange for the care of the property, during such absence. In the event a lot owner does not maintain his lot in a neat, proper manner, any six (6) neighbors, acting in concert, may have said lot cleaned up and upon refusal to pay, within thirty (30) days from date upon filing an affidavit that said owner refuses to maintain said lot in a neat and proper manner, may file said affidavit in the Office of the County Recorder of Maricopa County, State of Arizona stating the amount therein and to whom it was paid and the date and such amount shall constitute a lien against said lot. No overnight parking for any trucks, pickup trucks, or trailers will be permitted in the street and, further, no vehicles other than passenger cars and pickup trucks will be parked in open carports.

Explanation. This provision requires that all property be maintained in a neat condition. This includes vacant lots which must be kept free of rubbish and litter and requires that weeds and grass be mowed. It also requires that the yard and grounds be landscaped in keeping with the typical improved properties in the subdivision and provides a specific remedy when a neighbor refuses or fails to maintain the yard and grounds. Thus it permits six neighbors (this could be board members) to have the property cleaned up and, if the owner refuses to pay the cost for thirty days, the six neighbors may fil an affidavit with the County Recorder and the affidavit will become a lien against the lot. The provisions also prohibits overnight parking in hte streets for trucks and trailers. It also prohibits parking any type of a vehicle, other than a passenger car or a pickup truck, in open areas at any time.

UNDER THIS PROVISION RECREATIONAL VEHICLES AND BOATS CAN NOT BE PARKED EXCEPT IN GARAGES OR IN YARDS WHERE THEY ARE NOT OPEN TO THE STREET.

16. Drainage Easement. Purchaser shall not at any time hereafter fill, block, or obstruct any drainage easements and drainage structures on the demised premises, nor shall purchaser cause or suffer to be erected on the demised premises any building or obstruction for the purpose, directly or indirectly, of obstructing, blocking or filling any such drainage easement or drainage structure, and purchaser agrees to make and forever to repair and maintain all such drainage easements and drainage structures on the demised premises, making good, nevertheless, at his own expense, all damage which may be caused to the said drainage easements and structures on the demised land, and purchaser agrees to repair at his own expense, all damage to any lot or to any structure on any lot which may be caused directly or indirectly, by his obstructing, blocking or filling any such drainage easements.

Explanation. Property owners are prohibited from blocking, filling or obstructing any drainage easement and are specifically liable for all damages to the easement and adjoining properties if they do.

17. Architectural Control Committee. The Architectural Committee shall be composed of those three members listed on page 3 of this handbook. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the 339 lots shall have the power through a duly recorded written instrument to change the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties.

Explanation. This provides for a threeperson committee whose remaining members elect replacements for resigning members.

18. Approval Procedure. The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it; or, in any event, if no suit to enjoin the construction has been commenced prior to the completion hereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

Explanation. Approval of the Committee must be given within thirty (30) days after submission of plans and must be in writing. Lawsuits to enjoin construction must be brought before the completion of construction. This provision applies to new buildings, additions, remodels, fences, storage sheds and the like.

19. Dominant Tenement. Each of the lots in said tract shall constitute the dominant tenement and be entitled to the benefit of the covenants herein contained as against all of the other lots in said tract which shall constitute the servient tenements.

Explanation. No further comment required.

20. Terms. These covenants are to run with the land and shall be binding on the undersigned and all of its successors in title, interest or possession in all and every part of the said tract until January, 1991, at which time the said covenants shall be automatically extended for successive periods of ten (10) years, unless and until the owners of a majority of the lots affected hereby amend orrevoke the same by written instrument, duly acknowledged and recorded. (NOTE: Moon Valley Country Estates covenants are binding until 1999.)

Explanation. This provides that the Deed Restrictions are binding on the original owner and all successive title holders.

21. Deeds. Deeds of conveyance of all or any of said lots shall incorporate by reference all of the provisions contained in this document. However, whether or not recited in the deeds of conveyance, these restrictions shall be binding on every owner of every lot in this subdivision.

Explanation. Nofurther comment required.

22. Enforcement. If the owner or possessor of any lot subject to these restrictions shall violate, or attempt to violate, any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said tract to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages for such violation, or both.

Explanation. This provision states that any owner may sue any other owner to enforce any of the restrictions in this document.

23. Subordination. Nothing contained in this Declaration shall be held to invalidate the lien of any mortgage or deed of trust prior to foreclosure, provided, however, that any purchaser at any mortgage foreclosure sale or sale under deed of trust shall hold title subject to all the provisions hereof.

Explanation. No further comment required.

24. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

Explanation. No further comment required.

SPECIAL NOTE (NOT PART OF DEED RESTRICTIONS): In addition to the standard building code requirements and Moon Valley deed restrictions, other special regulations and requirements must be met prior to commencing construction on hillside lots 14 through 18 on Indian Hills Place and hillside lots 698 through 726 on Coral Gables Drive. These special regulations are the result of Phoenix Zoning Ordinance Ch. I V S 400 and Phoenix Subdivision Ordinance Act III S32-44. Therefore, in addition to obtaining a standard building code permit and approval of the Moon Valley Architectural Committee, it is necessary to obtain a special grading and drainage permit from the City Engineer and approval of City Planning Department for compliance with Hillside Ordinance regulations PRIOR to commencing construction and/or on-site grading or excavation on lots 14-18 and 698-826.

Explanation. Specific questions regarding compliance with Hillside Ordinance and regulations should be directed to either the City of Phoenix Planning Department or the City Engineer.

In addition to our Deed Restrictions, Moon Valley residents have at least two other instruments they may use to control the appearance of and the activities in their neighborhood: the Phoenix Zoning Ordinances and the Property Maintenance Ordinance.

The Phoenix Zoning Ordinances are too voluminous and complicated for most of us to be familiar with their contents. There is a simple solution, however. Questions on possible violations can be directed to the Phoenix Zoning Enforcement Department at 262-7844. You may be put on hold, but the information you receive is worth the wait.

One example of an item covered by Zoning laws is residential parking. Section 602 B-1-d specifically states that any parking area in the front or side yard "be paved and dustproofed." According to the City Code, this means cement or asphalt. Decomposed granite and grass are off limits for vehicles. For most of us, this means that you must park your car(s) in your garage or on your driveway.

It's extremely easy to file a complaint about a zoning violation, and there's nothing to do afterwards. The City does all the work for you. Here's the procedure:

1. The City wants a written complaint that includes A) the address involved, B) specifically what you see as the violation, and C) your name and signature. YOU WILL REMAIN ANONYMOUS despite the signed letter. Address the letter to: Neighborhood Maintenance & Zoning Enforcement, 920 E. Madison, Suite E, Phoenix, Arizona 85034.
2. Allow 3 to 4 weeks for an inspector to visit the property. All but obviously frivolous complaints are investigated.
3. If a violation is found to exist, the owner gets an Inspection Notice that contains an explanation and warning, and gives the owner 15 days to comply.
4. A second inspection is made after expiration of the above grace period. If the violation has not been corrected, a Formal Notice of Violation is sent via certified mail to the property owner. The formal notice advises the owner that a misdemeanor has been committed that is subject to Court action including fines and/or jail. This notice will give the owner between 10-30 days to comply.
5. Afterthe expiration of the Notice of Violation compliance period a third inspection is made and non-compliance results in the filing of a Criminal Complaint by the City Prosecutor. A judge ultimately rules on the case and a violator faces substantial fines and/or jail.

It should be obvious by now that there is a highly defined system, supported by our tax dollars, that can be used to make Moon Valley a better place to live. Let's take advantage of it.