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HomeMy WebLinkAboutResolution 2004-023 formation of gladden farms community facilities districtMARANA RESOLUTION NO. 2004-23 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, A MUNICIPAL CORPORATION OF ARIZONA, ORDERING AND DECLARING FORMATION OF GLADDEN FARMS COMMUNITY FACILITIES DISTRICT; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISTRICT DEVELOPMENT, FINANCING PARTICIPATION AND INTERGOVERNMENTAL AGREEMENT (GLADDEN FARMS COMMUNITY FACILITIES DISTRICT) AND DECLARING AN EMERGENCY BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. Findings. a. On a date prior to the date of the adoption hereof, there was presented to us, the governing body of the Town of Marana, Arizona, an incorporated municipality of the State of Arizona (hereinafter called the "Municipality"), a Petition for Adoption of a Resolution Declaring Formation of Gladden Farms Community Facilities District, dated as of even date herewith (hereinafter referred to as the "Petition"), signed by the entities which, on the date hereof, are the owners of all real property as shown on the assessment roll for State and county taxes for Pima County, Arizona, or, if such persons shown on such assessment roll are no longer the owners of land in Gladden Farms Community Facilities District are the entities which are the successor owners which have become known and have been verified by recorded deed or similar evidence of transfer of ownership to be the owners of such real property (hereinafter referred to as, collectively, the "Petitioner") described in the Petition by metes and bounds to be in the community facilities district, the formation of which is prayed for by the Petitioner in the Petition, pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"). b. The Petitioner has requested the following: The name of the community facilities district of which formation is prayed pursuant to the Petition to be "Gladden Farms Community Facilities District" (hereinafter called the "District"), II. The District to be formed and exist pursuant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be ent- ered into by and among the Petitioner, the Municipality and the District, III. The District to contain an area of approximately 700 acres of land, more or less, wholly within the corporate boundaries of the Municipality and to be composed of the land included in the parcels described by metes and bounds as provided in Exhibit "A" to the Petition, which is made a part of the Petition for all purposes and is all the land to be included within the boundaries of the District (hereinafter referred to as the "Property"), IV. The District to be a special purpose district for purposes of Article IX, Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of Article XIII, Section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3, 3.1, 3.2, 4 and 5, Arizona Revised Statutes, as amended; except as otherwise Marana Resolution No. 2004-23 2 provided in the Act, to be considered a municipal corporation and political subdivision of the State of Arizona separate and apart from the Municipality; and to be formed for, and to have, all the purposes of a "district" as such term is defined, and as provided, in the Act, The formation of the District to result in the levy of ad valorem taxes to pay costs of improvements constructed by the District and for their operation and maintenance, VI. The Clerk of the Municipality to accept the filing of a "General Plan for Community Facilities District" for the District setting out a general description of the improvements for which the District is proposed to be formed and the general areas to be improved (hereinafter referred to as the "General Plan"), and VII. The Municipality to determine that public convenience and necessity require the adoption of this Resolution. c. The Petitioner further attested and declared that on the date hereof, as shown on the assessment roll for State and county taxes in Pima County, Arizona, the Property is owned by the Petitioner and shall be benefited from the improvements for which the District is proposed to be formed; that there are no residents on the Property and there shall be no residents within fifty (50) days preceding the first anticipated election of the District; that the District shall be formed and exist pursuant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among the Petitioner, the Municipality and the District; that public convenience and Marana Resolution No. 2004-23 3 necessity require the adoption of this Resolution; and that the Municipality shall in no way be liable for the payment of any of the costs of the public infrastructure described in the General Plan, nor liable for any liability, debt or obligation of the District. d. After showing the preceding, the Petitioner respectfully prayed that the Petition be properly filed as provided by law and that, as the Petition is signed by all of the owners of the Property and there are not now, and shall not be within fifty (50) days preceding the first anticipated election of the District, residents on the Property, any requirements of posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with the adoption of this Resolution are waived, the Municipality, on receipt of the Petition, declare the District formed without being required to comply with such provisions for posting, publication, mailing, notice, hearing or election. e. Pursuant to the Act and Section 9-500.05, Arizona Revised Statutes, as amended, the Municipality, the District, Gladden Forest, LLC (hereinafter called "Gladden Forest") and Forest City Enterprises, Inc. (hereinafter called "Forest City") are entering into a "development agreement" to specify, among other things, conditions, terms, restrictions and requirements for "public infrastructure" (as such term is defined in the Act) and the financing of public infrastructure and subsequent reimbursements or repayments over time. f. With regard to the real property included within the boundaries of the District, the Municipality, Gladden Forest and Forest City determined to specify some of such matters in such an agreement, particularly matters relating to the acquisition or construction of certain public infrastructure by the District, the acceptance thereof by the Municipality and the reimbursement or repayment of Gladden Forest with respect thereto, all pursuant to the Act. g. Pursuant to the Act and Title 11, Chapter 7, Article 3, Arizona Revised Statutes, as amended, the District, and the Municipality may enter into an "intergovernmental agreement" with one another for joint or cooperative action for services and to jointly exercise any powers common to them and for the purposes of the planning, design, inspection, ownership, control, maintenance, operation or repair of public infrastructure. Marana Resolution No, 2004-23 4 h. Pursuant to the Act, the District may also enter into an agreement with Gladden Forest and Forest City with respect to the advance of moneys for public infrastructure purposes and the repayment of such advances and to obtain credit enhancement for, and process disbursement and investment of proceeds of, general obligation bonds of the District to be hereafter issued. i. There has been presented to us in connection with the purposes described in paragraphs 1.e. through h. a District Development, Financing Participation and Intergovernmental Agreement (Gladden Farms Community Facilities District), to be dated as of February 1, 2004 (hereinafter referred to as the "Development Agreement"), by and among the Municipality, the District, Gladden Forest and Forest City. 2. Matters Noticed by the Municipality. a. The Petitioner seeks formation of the District to exercise the powers and functions set forth in the Act as such powers and functions are modified, waived or restricted pursuant to agreements to be entered into by and among the Petitioner, the Municipality and the District. b. The General Plan has been filed with the Clerk of the Municipality. c. The Petition and all necessary supporting materials have been filed with us, and the showings in the Petition are each noticed by us and are hereby incorporated at this place as if set forth hereat in whole. d. The purposes for which organization of the District is sought are as described in the Petition and are purposes for which a district created pursuant to the Act may be lawfully formed. e. The public convenience and necessity require us to adopt this Resolution. 3. Granting of Petition; Formation of District. The Petition attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby granted, and the District is hereby formed as a district pursuant to the terms and provisions of, and with the powers and authority established by, the Act, subject to the restrictions and modifications set forth in the Petition, with jurisdiction over the Property and that, as the Petition is signed by the owner of the Property and there are not now, and shall not be within fifty (50) days preceding the first anticipated election of the District, residents on the Property, requirements of posting, publication, mailing, notices, hearing and election otherwise required by the Act with respect to formation of the District are hereby found to be unnecessary. 4. District Board and Officers. The District shall be governed by a "District Board" comprised of the members of the governing body of the Municipality, ex officio. The Mayor of the Municipality shall be the "Chairperson of the District Board"; the Vice Mayor of the Municipality shall be the "Vice Chairperson of the District Board"; the Town Clerk of the Municipality shall be the "District Clerk"; the Town Treasurer of the Municipality shall be the "District Treasurer"; the Town Manager of the Municipality shall be the "District Manager"; the Finance Director of the Municipality shall be the "District Chief Financial Officer" and the Town Attorney of the Municipality shall be the "District Counsel." 5. District Boundaries and Map. The District boundaries are as described in metes and bounds in Exhibit "A" to the Petition. A map showing the District boundaries is hereby ordered to be drawn and provided by the District Manager. 6. Dissemination of this Resolution. The Petitioner shall cause a copy of this Resolution to be delivered to the County Assessor and the Board of Supervisors of Pima County, Arizona, and to the Department of Revenue of the State of Arizona. 7. Authorization and Approval of Development Agreement. The Development Agreement is hereby approved in substantially the form submitted herewith, with such changes, additions, deletions, insertions and omissions, if any, as the Mayor of the Municipality, with the advice of the Town Manager of the Municipality and the Town Attorney of the Municipality, shall authorize, the execution and delivery of the Development Agreement to be conclusive evidence of the propriety of such document and the authority of the persons or persons executing the same. The Mayor of the Municipality, with the advice of the Town Manager of the Municipality and the Town Attorney of the Municipality, is hereby authorized Marana Resolution No. 2004-23 6 and directed to execute, and the Town Clerk of the Municipality to attest and deliver, the Development Agreement on behalf of the Municipality. 8. No Liability of or for the Municipality. Neither the Municipality nor the State of Arizona or any political subdivision of either (other than the District) shall be directly, indirectly or morally liable or obligated for the costs of the public infrastructure contemplated by the General Plan and the Development Agreement nor for the payment or repayment of any indebtedness, liability, cost, expense or obligation of the District, and neither the credit nor the taxing power of the Municipality, the State of Arizona or any political subdivision of either (other than the District) shall be pledged therefor. 9. Effect of Resolution. a. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any remaining provisions of this Resolution. b. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. 10. Emergency Clause. The immediate operation of the provisions of this Resolution is necessary to the orderly development of property within the Municipality and the resulting preservation of the public peace, health and safety, an EMERGENCY is hereby declared to exist. This Resolution shall be in full force and effect from and after its passage, adoption and approval by us, as required by law, and is hereby exempted from the referendum provision of the constitution and laws of the State of Arizona pursuant to Section 19-142(B), Arizona Revised Statutes, as amended, and any applicable provision of the Code or any ordinances of the Municipality. Marana Resolution No. 20114-23 7 PASSED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of February, 2004. Mayor BO/~B4/SL4TTON, JR. Attest: ocelyn~'Bronson, Town Clerk Marana Resolution No. 2004-23 8 EXHIBIT "A" CONFORMED COPY OF PETITION FOR ADOPTION OF TItIS RESOLUTION Marana Resolution No. 2004-23 9 PETITION FOR ADOPTION OF A RESOLUTION ORDERING AND DECLARING FORMATION OF GLADDEN FARMS COMMUNITY FACILITIES DISTRICT STATE OF ARIZONA ) COUNTY OF PIMA ) ss. TOWN OF MARANA ) THE UNDERSIGNED OWNERS OF ALL OF THE LAND (hereinafter referred to as, collectively, "Petitioner") in the parcels hereinafter described by metes and bounds, acting pursuant to the provisions of Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"),' respectfully petitions The Honorable Town Council of the Town of Marana, Arizona (hereinafter referred to as the "Municipality"), to adopt a resolution (hereinafter referred to as the "Resolution") declaring and ordering formation of a community facilities district (hereinafter referred to as the "District") and would respectfully request the following with respect thereto: The name of Facilities District," the District to be "Gladden Farms Community II. The District to be formed and exist pursuant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among Petitioner, the Municipality and the District, The District of land, more or less, Municipality and to be III. to contain an area of approximately 700 acres wholly within the corporate boundaries of the composed of the land included in the parcels described by metes and bounds as provided in Exhibit "A" hereto, which is made a part hereof for all purposes, IV. The District to be a special purpose district for purposes of Article IX, Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of Article XIII, Section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3, 3.1, 3.2, 4 and 5, Arizona Revised Statutes, as amended; except as otherwise provided in the Act, to be considered a municipal corporation and political subdivision of the State of Arizona, separate and apart from the Municipality; and to be' formed for, and to have, all the purposes of a "district" as such term is defined, and as provided, in the Act, The formation of the District to result in the levy of ad valorem taxes to pay costs of improvements constructed by the District and for their operation and maintenance, VI. Before the Resolution is Municipality to accept the filing of a defined in the Act and hereinafter referred to adopted, the Clerk of the "general plan" (as such term is as the "General Plan") 2 for the District setting out a general description of the improvements for which the District is proposed to be formed and the general areas to be improved, and VII. The Municipality to determine that public necessity require the adoption of the Resolution; WHEREFORE, Petitioner attests and declares convenience and that on the date hereof, as shown on the assessment roll for State and county taxes in Pima County, Arizona, all of the land to be in the District is owned by Petitioner or, if a person listed on such assessment roll is no longer the owner of land in the District, that the name of the successor owner has become known and has been verified by recorded deed or other similar evidence of transfer of ownership to be Petitioner; that there currently are no residents on the land to be in the District and there shall be no residents within fifty (50) days preceding the first anticipated election for the District; that the land to be included in the District shall be benefited from the improvements for which the District is proposed to be formed; that the District shall be formed and exist pursuant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among Petitioner, the Municipality and the District; that public convenience and necessity require the adoption of the Resolution; and that the Municipality shall in no way be liable for the payment of any of the costs of the public infrastructure described in the General 3 Plan, nor liable for any liability, debt or obligation of the District; WHEREFORE, as this Petition is signed by the owners of all the land to be in the District and there are not now, and shall not be within fifty (50) days preceding the first anticipated election of the District, residents on the land in the District, any requirements of posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with adoption of the Resolution are waived, and the Municipality may, on receipt of this Petition, adopt the Resolution to declare the District formed to comply with such provisions for posting, notice, hearing or election; and without being required publication, mailing, WHEREFORE, Petitioner respectfully prays that this Petition be properly filed as provided by law; that the Municipality adopt the Resolution and declare and order the District formed without being required to comply with the provisions for posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with the Resolution; and that such other orders, acts, procedure and relief purposes of organizing purposes for which the Honorable Town Council as are proper, necessary and appropriate to the - the District and to the execution of the District shall be organized be granted as The of the Municipality shall deem proper and necessary. [BALANCE OF PAGE LEFT BLANK INTENTIONALLY] GLADDEN FOREST, LLC, an Arizona limited liability company By: Its Managing Member, Forest City Land ~Gr°up' ~tion~.~.~.~ x~ ..~. Dean Wingert,~~'Vice ZPresiden~ FOREST CITY ENTERPRISES, INC. corporation Pril ............................. PULTE HOME CORPORATION, a Michigan corporation Printed Name: .............................. Title: ..................................... U.S. HOME CORPORATION, a Delaware corporation Printed Name: .............................. Title: ..................................... 5 RESPECTFULLY SUBMITTED this ~. day of GLADDEN FOREST, LLC, liability company ~::~.~.~, 2004. an &rlzona limited Dean Wingert, Senior Vice President FOREST CITY ENTERPRISES, INC.~ corporation PULTE HOME CORPORATION, a Michigan corporation Title: . ~.~¢~3~. Z~. ~.~ .7'. ............... U.S. HOME CORPORATION, a Delaware corporation Printed Name: .............................. Title: ..................................... 5 RESPECTFULLY SUBMI'I-r~D this .... y of , 2004. GLADDEN FOREST, LLC, an Arizona limited liability company Dean Wingert, Senior Vice President FOREST CITY ENTERPRISES, INC., corporation~ By..;.~ .................... PULTE HOME CORPORATION, a Michigan corporation Printed Name: .............................. Title: ..................................... U.S. HOME CORPORATION, a Delaware corporation 5 The undersigned, as beneficiary under the encumbrance, hereby consents to and joins in the foregoing and to the provisions thereof: following Petition Deed of Trust, dated October 25, 2002, from Gladden Forest, LLC to Fidelity National Title Insurance Company for the benefit of Residential Funding Corporation, recorded on October 28, 2002, in Docket 11914, page 1507 of the Office of the Recorder of Pima County, Arizona Dated ~.~/~., 2004 BENEFICIARY: RESIDENTIAL FUNDING CORPORATION, a Dela~ ........ 6 STATE OF ARIZONA ) CO~TY OF PIMA ) The~ore~oing instrument was acknowledged before me on this day of ~'~[/..~.. 2004, by Dean Wingert, Vice President of For- est City Land Group, Inc., an Ohio corporation, managing men%ber of Gladden Forest, LLC, an Arizona limited liability company, on behalf of the limited liability company. My commission expires: 7 STATE OF ...... ) ~ ) ss. COUNTY OF . .~. .... ) The foregoing i~strument was acknowledged before me ob this · .~..~. .... day of ..f~Z~¢~., 2OO4, by .~¢.~.~¢~...a/~-- ................... , an authorized representative of Pulte Home Corporation, a Michigan corporation. seal. IN WITNESS WHEREOF, I hereunto set my hand and official My commission expires: .... ......... Notary Public ~ GERARDINA M. CASTRO ~ ~l~co~,~zo~ ~NOTARY PUBLI~TA~ OF ~ STATE OF ........... COUNTY OF .......... ss The foregoing instrument was acknowledged before me on this .......... day of .................... , 2004, by ........... ............................... , an authorized representative of U.S. Home Corporation, a Delaware corporation. seal. IN WITNESS WHEREOF, I hereunto set my hand and official My commission expires: Notary Public STATE OF ........... ) COUNTY OF .......... ) The foregoing instrument was acknowledged before me on this .......... day of ............... , 2004, by ................ an authorized representative of Pulte Home Corporation, a Michigan corporation. IN WITNESS W~EREOF, I hereunto set my hand and official sealo My commission expires: Notary Public STATE OF ........... ) ) ss COUNTY OF .......... ) ..... The foregoin~ iDstrument was acknowledged before.,~9_gn th~s ..../...~j~-'-. day of ~.~.W~/ ......... 2004, by /'~/~. '.~.~.d&~H[lm ................ ~n authorized representative of U.S. Home Corporation, a Delaware corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal~ My commiss%on expires: ..... , l . . . STATE OF ss- ,~ The foregoing instrument was acknowledged before me on this ~..~.. day of ~ ........ 2004, by ~~...~.[. _~_. ,. aP authorized representative of Residential Funding Corporation, a Delaware corporation. WHEREOF I hereunto set my hand and official IN WITNESS seal. commission expires: BELONA TERESITA KIDD NOTARY PUBUC STATE OF MARYLAND My Commission Expires May 1, 2005 ATTACHMENT: EXHIBIT A Legal Description District Of Property To Be Included In The 1432821.2-2/6/04 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT ALL OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F, EXCEPT BLOCK D, AS SHOWN ON THE PLAT RECORDED IN BOOK 55 OF MAPS AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA, BEING PORTIONS OF SECTIONS 33 A/gD 34 OF TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT A ~" IRON PIN (NO TAG) AT THE NORTHEAST CORNER OF SAID SECTION 34; THENCE SOUTH 0o30'09" EAST 322.00 FEET UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0°30'09" EAST 2322.59 FEET UPON SAID EAST LINE AND UPON THE F2~ST LINE OF SAID GLADDEN FARMS TO A ~" ALUMINUM CAPPED PIN, LS 7599, AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE SOUTH 0°30'03'' EAST 2644.34 FEET UPON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34 AND UPON SAID EAST LINE OF GLADDEN FARMS TO A ~" IRON PIN, NO TAG, AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE SOUTH 89022'30'' WEST 187.66 FEET UPON THE SOUTH LINE OF SAID SOUTHEAST QUARTER AND UPON THE SOUTH LINE OF SAID GLADDEN FARMS TO THE SOUTHEAST CORNER OF CMID WELL SITE NO. 18 AS SHOWN ON SAID PLAT; THENCE NORTH 0037'30'' WEST 100.00 FEET UPON THE EAST LINE OF SAID WELL SITE TO THE NORTHEAST. CORNER THEREOF; THENCE SOUTH 89o22'30'' WEST 75.00 FEET UPON THE NORTH LINE OF SAID WELL SITE TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0o37'30'' EAST 100.00 FEET UPON THE WEST LINE OF SAID WELL SITE TO THE SOUTHWEST CORNER THEREOF BEING ON SAID SOUTH LINE OF THE SOUTHEAST QUARTER; THENCE SO%FfH 89°22'30" WEST 3885.00 FEET CONTINUING UPON THE SOUTH LINE OF SAID SOUTHEAST QUARTER ~ UPON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, BEING THE SOUTH LINE OF SAID GLADDEN FARMS, TO THE SOUTHWEST CORNER OF BLOCK B OF GLADDEN FARMS AS SHOWN ON SAID PLAT, BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SANDARIO ROAD AND A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 68°20'49" WEST, FOR REFERENCE, AN ALUMINUM CAPPED PIN, RLS 7599, AT THE SOUTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89022'30'' WEST AT A DISTANCE OF 1124.04 FEET; THENCE THE FOLLOWING THREE COURSES UPON SAID RIGHT OF WAY LINE AND UPON SAID SOUTHWEST LINE OF BLOCK B: 1) NORTHWESTERLY UPON SAID ARC, TO THE LEFT, HAVING A RADIUS OF 746.20 FEET AND A CENTRAL ANGLE OF 48o17'38'', FOR AN ARC DISTANCE OF 628.96 FEET TO A TANGENT LINE; A-1 2) NORTH 69056'49'' WEST 593.45 FEET TO A POINT ON THE ARC OF A TANGENT CURVE CONCAVE NORTHEASTERLY; 3) NORTHWESTERLY UPON SAID ARC, TO THE RIGHT, HAVING A RADIUS OF 160.99 FEET AND A CENTRAL ANGLE OF 69026'33'`, FOR AN ARC DISTANCE OF 195.12 FEET TO A THE TANGENT EAST RIGHT OF WAY LINE OF SAID SANDARIO ROAD BEING THE WEST LINE OF SAID GLADDEN FARMS; THENCE NORTH 0°30'16'' WEST 1862.79 FEET UPON SAID EAST RIGHT OF WAY LINE AND UPON SAID WEST LINE TO AN ANGLE POINT; THENCE SOUTH 89°29'44" WEST 30.04 FEET UPON SAID WEST LINE TO A ~" IRON PIN, NO TAG, AT THE WEST QUARTER CORNER OF SAID SECTION 34, BEING ALSO THE EAST QUARTER CORNER OF SAID SECTION 33; THENCE SOUTH 89017'57'' WEST 1321.01 FEET UPON SAID WEST LINE AND UPON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33 TO AN ANGLE POINT; THENCE NORTH 0°34'17'' WEST 2610.03 FEET UPON SAID WEST LINE TO THE NORTHWEST CORNER OF SAID GLADDEN FARMS, BEING A POINT ON THE SOUTH RIGHT OF WAY LINE OF MOORE ROAD PRIOR TO THE DEDICATION OF ADDITIONAL RIGHT OF WAY AS SHOWN ON SAID PLAT, BEING A LINE 30.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF .SAID NORTHEAST QUARTER OF SECTION 33; THENCE NORTH 89020'24'' EAST 1320.79 FEET UPON THE NORTH LINE OF SAID GLADDEN FARMS, UPON SAID PRIOR RIGHT OF WAY LINE AND UPON SAID PARALLEL LINE TO ANAi~GLE POINT; THENCE NORTH 89025'03'' EAST 2634.98 FEET UPON SAID NORTH LINE, UPON SAID PRIOR RIGHT OF WAY LINE AND UPON A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE' OF THE NORTHWEST QUARTER OF SAID SECTION 34 TO AN ANGLE POINT; THENCE NORTH 89025'03'' EAST 2283.27 FEET UPON SAID NORTH LINE, UPON SAID PRIOR RIGHT OF WAY LINE ~ UPON A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 0°30'13'' EAST 292.00 FEET; THENCE NORTH 89~25'03" EAST 357.00 FEET TO THE POINT OF BEGINNING. A-2 Consent and Joinder The undersigned holds legal title to that portion ofl~xln'bk "A' as is idemSfied ~ follows: all of Parcels 2 and 3. The ~ole beneficimy of the undersigned trust is Puke Homes Corporation. At the request of its beneficiary, the madersigned hereby consents to and joins in the foregoing Petkion for the purpose of causing the holder of legal title to the subject to be a party ther~o. Date: Febraary 12, 2004 FIRST AMERICAN TITLE INSORANCE COMPANY A California Corporation as Tm under Trust Number 9021 only, and not in ~ corporate capacity By: Ra'c-hel-L. Thrnipseed Trust Officer ST^TE O~ ronZONi} ) SS. COUNTY OF PIMA } sthe before mq appeared Rachel L. Turnipse , WhO ackllowledged her selfto be Trust Officer (ti~e) and b~ii~ allthor~ed so ID do, ~xeclIted the foregoing instrument for the purpose therein contained by Her seWas Trust Officer. _ C '-"J',~;;~" · -'ilwa t.,uUNTY [ Mg-~omm. Exp. Dec. 27,200eI QB3"UC\143~71.1 EXHIBIT A PARCEL 1: Blocks 1 through 5, 7 through 9, 13 Through 25 and A, B, C, E end F of Gladden Farms, · according to the map recorded in'Book $5 of Maps, Page $0, records of Pirna Counw,' A~izona. PARCEL 2: LOts I through 141 and Common Areas "A" through "H" of Gladden Farms Block 11, according to the map recorded in Book 57 of Maps. Page 75, records of Dime Co~nw, Arizona. PARCEL 3: LOTS I l~ough 104, Block "A' and Common Areas "A through "K' of Gladden Farms Block 1 :Z, according 1:o the map recorded in Book 57 of Maps, Page 76, records of Pima Counw, ~'izona. PARCEl. 4: Lots 1 through 11 zt and Common A~ees 'A= through 'C" of Gladden Farms Block B. according ~o the map recorded in Book 57 of Maps. Page gB, records of Pima Cou~t-y, Arizona. PARCEL 5: Lo~s 1 through 84- and Common Areas 'A" through "C" of Gladden Farms BlOCk 10, according te the map recorded in Book 57 of Maps, Page 97, records of Pima Co[mw, Arizona. Consent and Joinder The undersigned holds legal title to the property described in attached Exhibit "A". The sole beneficiary of the undersigned trust is US Home Corporation. At the request of its beneficiary, the undersigned hereby consents to and joins in the foregoing petition for the purpose of causing the holder of legal title to the subject to be a party thereto. Date: February 11, 2004 FIDELITY N~ TITLE AGENCY, INC., ~~o~ ly and~On aS~terust STATE OF ARIZONA ) ) SS. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me ~ of February, 2004 by Eleanor Oaega the Authorized Agent of Fidelity National Title Agency, Inc., an Arizona corporation as Tmstee under Trust 60,082. [tx My Commission Expires: ~_c~ [7..0 (g> ~Public ~--~ ~.~ QBTUC\143971. EXHIBIT "A" Block 5 of GLADDEN FARMS, a subdivision of Pima County, Arizona as Recorded in Book 55 of Maps and Plats at page 60. Consent and Joinder The undersigned holds legal title to that portion of Exhibit "A" as is identified as follows: I) all of Parcel 1 except for Block 5, and II) all of Parcels 4 and 5. The sole beneficiary of the undersigned trust is Gladden Forest LLC. At the request of its beneficial, the undersigned hereby consents to and joins in the foregoing Petition for the purpose of causing the holder of legal title to the subject to be a party thereto. Date: February 11,2004 FIDELITY NATIONAL TITLE AGENCY, 1NC., An Arizona corporation as Trustee under Trust Number 30,212, only and not in its corporate Capacity[ ~ STATE OF ARIZONA ) ) SS. COUNTY OF PiMA ) The foregoing instrument was acknowledged b~ D. Jackson the Authorized Agent of Fidelity Natic as Trustee under Trust 30,212. My Commission Expires: '-~otary lDruary, 2004 by Sandra :., an Arizona corporation .C QBTUC\I43971.1 A EXHIBIT "~NE" Order No.: 40002925-T - E PARCEL 1: Blocks I through 5, 7 through 9, 13 through 25 and A, B, C, E and F of Gladden Farms, according to the map recorded in Book 55 of Maps, Page 60, records of Pima County, · Arizona. PARCEL 2: Lots 1 through 141 and Common Areas "A" through "H" of Gladden Farms Block 11, according to the map recorded in Book 57 of Maps, Page 75, records of Pima CounW, Arizona. PARCEL 3: Lots 1 through 104, Block "A" and Common Areas "A th'rough "K" of Gladden Farms Block 12, according to the map recorded in Book 57 of Maps, Page 76, records of Pima County, Arizona. PARCEL 4: Lots 1 through 114 and Common Areas "A" through "C" of Gladden Farms Block 6, according to the map recorded in Book 57 of Maps, Page 96, records of Pima County, Arizona. PARCEL 5: Lots 1 through 84 and Common Areas "A" through "C" of Gladden Farms Block 10, according tothe map recorded in Book 57 of Maps, Page 97, records of Pima County, Arizona.