Terravella

What Terravella's governing documents say

This document is a Declaration of Covenants, Conditions, Restrictions and Easements that applies specifically to the commercial parcel within the Terravella master-planned community in Queen Creek, AZ. It governs commercial property owners' development, maintenance, and use of the land, and includes reciprocal easements with the residential portion. It does not apply to residential homeowners, tenants, or buyers.

• Who is bound: This declaration binds all current and future commercial owners of the designated parcel, and their tenants and occupants. It does not apply to residential owners or create any membership in the Terravella Community Master Association.
• Initial development standards: Initial improvements must be of equal or higher quality to first-class shopping centers built in the Town within the prior five years, and conform to Terravella's design theme (Exhibit B). Declarant approval of plans is required within 15 calendar days, otherwise deemed approved; approval rights expire after 20 years or when Declarant no longer owns any Terravella property.
• Maintenance obligations: All buildings and landscaping must be maintained in first-class condition and kept free of trash and weeds. Failure to maintain triggers a 10-day cure notice. Maintenance includes public right-of-way areas between sidewalks and curbs unless assumed by a public agency.
• Use restrictions: No offensive, excessively noisy, or dangerous activities; no nuisances; compliance with all laws. Normal construction is permitted. The property is near Mesa Gateway Regional Airport, and owners acknowledge potential noise, odors, and other impacts. Typical retail, commercial, restaurant, or office uses (e.g., supermarket, drug store, service station) are allowed.
• Prohibited uses: Mineral exploration, hazardous substance generation (beyond normal retail operations), and outdoor incinerators are prohibited. Infectious plant diseases and noxious insects must not be harbored.
• Drainage easements: Reciprocal easements grant both commercial and residential owners rights to construct, maintain, and operate drainage improvements across easement areas (Exhibits C-1 and C-2). Burdened owners must maintain improvements; indemnification applies. Easements are subject to Town approval.
• Irrigation & water rights: Irrigation water from Queen Creek Irrigation District may continue until residential irrigation ceases. Commercial owners may construct berms at their own expense to stop irrigation flow, subject to approvals and indemnification. No right to use the groundwater well on the residential property.
• Enforcement & amendment: Only Declarant or its specifically assigned successor may enforce these covenants. Enforcement remedies include specific performance, injunctions, and limited out-of-pocket damages. Amendment requires approval by affected commercial owners and Declarant (if it still owns Terravella property).

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.