HomeMy WebLinkAboutResolution 2024-090 Formation of Mandarina CFD RESOLUTION NO.2024-090
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF MARANA, ARIZONA, A MUNICIPAL
CORPORATION OF ARIZONA, ORDERING AND
DECLARING FORMATION OF MANDARINA COMMUNITY
FACILITIES DISTRICT
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"), (i) a Petition for
Adoption of a Resolution Ordering and Declaring Formation of Mandarina Community Facilities
District (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 Mandarina 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 being Mandarina
Holdings, LLC (hereinafter called "Mandarina Holdings"), Lennar Arizona, LLC, Meritage
Homes of Arizona, Inc., KB Home Tucson Inc. and Title Security Agency, LLC (hereinafter
called, collectively with Mandarina Holdings, 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"), and (ii) a completed Application for the
Formation of Mandarina Community Facilities District by Mandarina Holdings (hereinafter
referred to as the "Application").
701976764
b. The Petitioner has requested the following:
I.
The name of the community facilities district of which
formation is prayed pursuant to the Petition to be "Mandarina
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 entered
into by and among the Petitioner, the Municipality and the District,
III.
The District to contain an area of approximately 342.3
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 as provided in the Exhibit 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,
2
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,
V.
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 the Proposed Mandarina Community Facilities
District" for the District in the form provided in the Application,
setting out a general description of the public infrastructure for
which the District is proposed to be formed, the general areas to be
improved and the estimated costs of construction or acquisition of
the public infrastructure to be financed, constructed or acquired by
the District(hereinafter referred to as the"General Plan"),
VII.
The District to be governed by a District Board that
consists of the members of the governing body, ex officio, only;
the Petitioner having waived the right to designate two additional
members of the Board of the District, and
3
VIII.
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
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 and Mandarina Holdings are entering into a
"development agreement" to specify, among other things, conditions, terms, restrictions and
4
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 and Mandarina Holdings 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 Mandarina 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.
h. Pursuant to the Act, the District may also enter into an agreement
with Mandarina Holdings 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 was presented to us at a meeting on a date prior to the date
of the adoption hereof in connection with the purposes described in paragraphs 1.e. through h. a
District Development, Financing Participation and Intergovernmental Agreement (Mandarina
Community Facilities District), to be dated as of October 1, 2024, or such other date as the Town
Manager shall determine (hereinafter referred to as the "Development Agreement"), by and
among the Municipality,the District and Mandarina Holdings.
j. By a resolution adopted by this Council at such meeting the
Development Agreement was approved in substantially the form submitted at such meeting, with
such changes, additions, deletions, insertions and omissions, if any, as the Mayor of the
5
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 documents 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, has been authorized
and directed, as provided in such resolution, to execute, and the Town Clerk of the Municipality
to attest and deliver,the Development Agreement on behalf of the Municipality.
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 Municipality, the District
and Mandarina Holdings.
b. The General Plan and the Application have been filed with the
Clerk of the Municipality.
c. The Petition, the Application 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 as the
Exhibit hereto 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
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Petition, with jurisdiction over the Property and that, as the Petition is signed by 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, 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 the Exhibit 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. 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.
7
8. 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.
PASSED AND ADOPTED by the Common Council and approved by the Mayor
of the Town of Marana, Arizona, this 1st day of October 2024.
er/ ?XL'
Mayor
ATTEST:
1111111
Town Clerk irwawatifersirmisimaiwar
Amisermasionnalammilim
MAPANA AZ
APPROVED AS TO FORM: ESTABLISHED 1977
T w Attorney
ATTACHMENT:
EXHIBIT -- Conformed Copy of Petition for Adoption of this Resolution
* * *
8
EXHIBIT
CONFORMED COPY OF PETITION
FOR ADOPTION OF THIS RESOLUTION
Exhibit-1
PETITION FOR ADOPTION OF A RESOLUTION
ORDERING AND DECLARING
FORMATION OF
MANDARINA COMMUNITY FACILITIES DISTRICT
STATE OF ARIZONA
COUNTY OF PIMA ) ss.
TOWN OF MARANA
THE UNDERSIGNED OWNER(hereinafter referred to as-Petitioner-) OF ALL
OF THE REAL PROPERTY 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 the District to be"Mandarina Community Facilities District,-
11.
The District to be formed and exist pursuant to the terms and provisions of the Act
as such terms and provisions are modified. \valved or restricted pursuant to agreements to be
entered into by and among Petitioner. the Municipality and the District,
Ill.
The District to contain an area of approximately 342.3 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 the Exhibit hereto, which is
made a part hereof for all purposes,
t)0324g214
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 X111,
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 he formed for, and to have, all the
purposes of a-district- as such term is defined. and as provided, in the Act.
V.
The formation of the District to result in the levy of ad valorem property taxes to
pay costs of improvements constructed by the District and for their operation and maintenance,
VI.
Before the Resolution is adopted.the Clerk of the Municipality to accept the filing
of a-general plan- (as such terni is defined in the Act and hereinafter referred to as the-General
Plan-) for the District setting out a general description of the public infrastructure for which the
District is proposed to be formed, the general areas to he improved and the estimated costs of
construction or acquisition of the public infrastructure to be financed, constructed or acquired
the District,
VII.
The District will he governed by a District Board that consists of the members of
the governing body, ex officio, only: the undersigned hereby waiving the right to designate two
additional members of the District Board. and
The Municipality to determine that public convenience and necessity require the
adoption of the Resolution;
WHEREFORE, Petitioner attests and declares 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 he
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 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 without being required to comply with such
provisions tear posting, publication, mailing, notice,hearing or election;and
3
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 as are proper, necessary and appropriate to the
purposes of organizing the District and to the execution of the purposes for which the District shall
be organized be granted as The Honorable Town Council of the Municipality shall deem proper
and necessary.
RESPECTFULLY SUBMITTED this t day of Ar.,145f 2024.
MANDARINA HOLDINGS, LLC, an Arizona
limited liability company
By: KDL Investments,LLC,an Arizona limited
liability company, its Managin. Member
1111
11P1.-.. . . Plk, ... .
Karl ' Its Manager
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 1 P day of. w
2024, by Karl Huish, the Manager of KDL Investments, LLC, an Arizona limited l (bili
g ty
company, Managing Member of Mandarina Holdings, LLC, an Arizona limited liability company,
on behalf thereof.
Notary ublic
My commission expires:
ci/.... ,0 i-'7 .r MEGAN LANDOWSKI
1 "�� Notary Public
Commission Number 653978
:tap
Expires:July 30,2027
Mancopa County
4
The undersigned,as beneficiary and trustee,respectively,pursuant to the following
encumbrance,hereby consents to and joins in the foregoing Petition and to the provisions thereof:
Deed of Trust and Security Agreement, effective as of June 26,
2024, by and between Mandarina Holdings, LLC, an Arizona
limited liability company, as grantor, Alerus Financial National
Association, a national banking association, as beneficiary, and
Clear Title Agency of Arizona. a[(n) individual or company of
Maricopa County, Arizona], as trustee, recorded on June 26, 2024,
at Sequence Number 20241780482, in the records of the Office of
the Recorder of Pima County, Arizona
Dated i 34 . 2024
BENEFICIARY AND TRUSTEE:
ALERUS FINANCIAL NATIONAL ASSOCIATION.
a national banking association
By
Its S . C4-4 At> 1
STATE OF . . )
)ss.
COUNTY OF .�CttiC.XCCPCA.
,Th- foregoing instrument as iclicyny,ledged before me this.V day of..
0140.
2024, byY .! +.1.\ f ALERUS FINANCIAL NATIONAL
ASSOCIATION,a national banking association,on behalf thereof.
MRLA MONTOYO
�
�PUPA COi�1'NA
C IMMISS ON IX RES (4AC :k.
f AUGUST 20,2024
Notary Public
My commission expires:
(t.‘k9k,At ••!a0. 9:CPA
The undersigned having an interest in real property within the District to be formed
hereby consents to and joins in the foregoing Petition and to the provisions thereof.
Dated NX-y, 22—, 2024
LENNAR ARIZONA. LLC,an Arizona limited
liability company
By ti
Its "IVN64.11)'
A
STATE OF tz`lra-Ont. )
)ss.
COUNTY OF girKA
Tç h` 1414
fyregoing instrv514.-.nt was acknowledged bef In et ..is . day of 3
2024, by irtVA...011.0... as ...... of LENNAR IZONA. LLC. an Arizona limited
liability company.on behalf thereof.
Notary Public
My commission expires:
Phil,3/50,24
;
. s "0,
6
The undersigned having an interest in real property within the District to be formed
hereby consents to and joins in the foregoinj Petition and to the provisions thereof.
Dated August 15 ,2024
• MERITAGE HOMES OF ARIZONA, INC.,an
Arizona corporation
By
Its Vice President Land Acquisition
STATE OF ARIZONA
ss.
COUNTY OF PIMA
The foregoing instrument was acknowledged before me this 15 day of August
2024, by Scott Kolt as VP of Land Acqof MERITAGE HOMES OF ARIZONA, INC.. an
Arizona corporation, on behalf thereof.
Notary Public
My commission expires:
March 19,2027
ANTONIO AVILES
NtOTARY PUBLIC-ARMIN
COMIAPTASSION#110790
MY COMMISSION MINS
MARCH 19,X197
The undersigned having an interest in real property within the District to be formed
hereby consents to and joins in the foregoing Petition and to the provisions thereof.
Dated 1 Stt thAdgCO24
KB HOME TUCSON INC.,an Arizona corporation
By. .ti .. . ....
Its
STATE OF PC`C.V2,E)Wk.
)ss.
COUNTY OF ..:�. .QOACX. )
The foregoing instrument was acknowledged before me this 15 day ofW '
2024,by .0 .y taV,ilsS?ce de '...of KB HOME TUCSON INC.,an Arizona corporation,
on behalf thereof
.. . ...
Notary Public
My commission expires:
DANABECKER
Pctt ..ito3.,P.2.7 ;. , Notary Public,State of Arizona
• Pima County
+ Commission♦649057
My Commission Expires
April 28,2027
8 c
The undersigned having an interest in real property within the District to be formed
hereby consents to and joins in the foregoing Petition and to the provisions thereof
Dated /4/ , 2024
TITLE SECURITY Q. NCY, LLC,a
Delaware limite a • ity company, as Trustee
under Trust . 308
By:
N e: Ronda Tatro
Ifs: Trust Office
STATE OF
) ss.
COUNTY OF 1rhA )
The foregoing instrument was acknowledged before me this day of 2024,by
Ronda Tatro, as Trust Officer of TITLE SECURITY AGENCY, LLC, a Delaware
limited liability company, as Trustee under Trust No. 202 aif thereof.
Notarf Public
My commission expires:
Si D-0
le., NOTARY PUBLIC
STATE OF ARIZONA
Pima County
,e9 DEBORAH L DEFORE
COMMISSION#584878
My Commission Expires August 20,2024
9
The undersigned having an interest in real property within the District to be formed
hereby consents to and joins in the foregoing Petition and to the provisions thereof.
Dated AA! , 2024
TITLE SECURITY A1FNCY, LLC,a
Delaware limite • i company, as Trustee
under Trust Nt5 2403
By:
N : Ronda Tatro
Its: Trust Office".
STATE OF /11.
) ss.
COUNTY OF 9/114 )
The foregoing instrument was acknowledged before me thislq day of r 2024,by
Ronda Tatro, as Trust Officer of TITLE SECURITY AGENCY, LLC, a Delaware
limited liability company, as Trustee under r o. 202403, on behalf thereof.,
Lkj
Notary Public
My commission expires:
---- NOTARY PUBLIC
I 0 • 14 - 2_40 - oima Countv
;ME OF ARIZONA
I ;
\r, sCHROEDER
• ,;OMMISSIONit635313
My Commisstork Expres Oct ober4,2026
10
The undersigned having an interest in real property within the District to be formed hereby
consents to and joins in the foregoing Petition and to the provisions thereof.
Dated ,/tty /1 ,2024
TITLE SECURITY CY, LLC, a
Delaware limite * ity company,as Trustee
under Trust 01 b6
E
By:
Na : Ronda Tatro
Its: Trust Office,
STATE OF )
) ss.
COUNTY OF9/m4 )
The foregoing instrument was acknowledged before me this/`i day of 11/11 2024,by
Ronda Tatro, as Trust Officer of TITLE SECURITY AGENCY, LLC, a Delaware
limited liability company, as Trustee under Trust No. 20 5-T, behalf thereof.
Notary Public
My commission expires:
4 , NOTARY PUBLIC.
'r., :^_ STATE OF ARIZONA
Pima County
� DEBORAH L DEFORE
`"191A COMMISSION#584878
My Commission Expires August 20,2024
it
The undersigned having an interest in real property within the District to be formed
hereby consents to and joins in the foregoing Petition and to the provisions thereof.
Dated Ai l , 2024
TITLE SECURIT GENCY, LLC, a
Delaware Lim' al)* ity company,as Trustee
under Tru . 20 2
By:
Name: Ronda Tatro
Its: Trust Office&
42_STATE OF )
1° ) ss.
COUNTY OF / j1 )
The foregoing instrument was acknowledged before me this day of .r 2024,by
Ronda Tatro, as Trust Officer of TITLE SECURITY AGENCY, LLC, a Delaware limited
liability company, as Trustee under Trust No. 202412,on be if thereof.
— 434- — — 'L____—.-D
Notary Public
My commission expires:
jq 1 NOTARY L
STATE OF ARPUBIZO ICNA
F . ,1,1 Pima County
JONI SCHROEDER
j ► COMMISSION#624960
My Commission Expires April 4,2026
ATTACHMENT:
EXHIBIT—Legal Description Of Property To Be Included In The District
12
EXHIBIT
LEGAL DESCRIPTION OF PROPERTY TO
BE INCLUDED IN THE DISTRICT
Parcel No. 1:
Block 3 of MANDARINA, according to the plat of record in the office of the county recorder of
Pima County, Arizona, recorded in Plat Sequence No. 2023-1590262 of Official Records.
Except therefrom all minerals, ores and metals of every kind and character and all coal asphaltum,
oil, gasses, fertilizer and other like substances in or under said land and right of ingress and egress
for the purpose of mining,together with enough of the surface of the land as may be necessary for
the proper and convenient working and extraction of such minerals and substances as reserved in
the Patent from the State of Arizona, recorded October 29, 1919 in Book of Deeds 71, Page 554,
Office of the Pima County Recorder.
Except all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature,
coal, metals, minerals, fossils, fertilizers, together with all uranium, thorium or any other material
determined to be essential to the production of fissionable materials reserved in the Patent from
the State of Arizona.
Parcel No. 2:
Blocks 4, 5, 9 through 13, inclusive, of FINAL BLOCK PLAT FOR MANDARINA BLOCKS 1-
2, 4-5 & 8-13, according to the plat of record in the office of the county recorder of Pima County,
Arizona, recorded in Plat Sequence No. 2023-3320095 of Official Records.
Except therefrom all minerals, ores and metals of every kind and character and all coal asphaltum,
oil, gasses, fertilizer and other like substances in or under said land and right of ingress and egress
for the purpose of mining, together with enough of the surface of the land as may be necessary for
the proper and convenient working and extraction of such minerals and substances as reserved in
the Patent from the State of Arizona, recorded October 29, 1919. in Book of Deeds 71, Page 554,
Office of the Pima County Recorder.
Except all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature,
coal, metals, minerals, fossils, fertilizers, together with all uranium, thorium or any other material
determined to be essential to the production of fissionable materials reserved in the Patent from
the State of Arizona.
Parcel No. 2A:
Storm Water and Drainage Easement benefitting Blocks 4, 5 and 9 of FINAL BLOCK PLAT FOR
Exhibit-1
MANDARINA BLOCKS 1-2, 4-5 & 8-13, according to the plat of record in the office of the
county recorder of Pima County,Arizona,recorded in Plat Sequence No.2023-3320095 of Official
Records, as set forth in the Declaration and Agreement for Private Storm Water Drainage
Easement, recorded April 09, 2024, 2024 as Sequence No. 2024-1000026 of Official Records.
Parcel No. 3:
Lots 885 through 998, inclusive and Tracts A through J, inclusive, of FINAL PLAT FOR
MANDARINA-PHASE 1 B -PARCEL D, LOTS 885-998 &TRACTS A-J, according to the plat
of record in the office of the county recorder of Pima County, Arizona, recorded in Plat Sequence
No. 2024-2250274 of Official Records.
Except therefrom all minerals, ores and metals of every kind and character and all coal asphaltum,
oil, gasses, fertilizer and other like substances in or under said land and right of ingress and egress
for the purpose of mining,together with enough of the surface of the land as may be necessary for
the proper and convenient working and extraction of such minerals and substances as reserved in
the Patent from the State of Arizona, recorded October 29, 1919 in Book 71 of Deeds, Page 554,
Office of the Pima County Recorder.
Except all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature,
coal, metals,minerals, fossils, fertilizers, together with all uranium, thorium or any other material
determined to be essential to the production of fissionable materials reserved in the Patent from
the State of Arizona. Parcel No. 3A: Storm Water and Drainage Easement as set forth in the
Declaration and Agreement for Private Storm Water Drainage Easement,recorded April 09,2024,
2024 as Sequence No. 2024-1000026 of Official Records.
Parcel No. 3B:
Temporary Construction Easement as set forth in the document recorded April 09, 2024 as
Sequence No. 2024-1000029 of Official Records.
Parcel No. 4:
Blocks 14 through 20, inclusive,of FINAL BLOCK PLAT FOR MANDARINA BLOCKS 14-20,
according to the plat of record in the office of the county recorder of Pima County, Arizona,
recorded in Plat Sequence No. 2024-2350631 of Official Records.
Except therefrom all minerals, ores and metals of every kind and character and all coal asphaltum,
oil, gasses, fertilizer and other like substances in or under said land and right of ingress and egress
for the purpose of mining,together with enough of the surface of the land as may be necessary for
the proper and convenient working and extraction of such minerals and substances as reserved in
the Patent from the State of Arizona, recorded October 29, 1919 in Book of Deeds 71, Page 554,
Office of the Pima County Recorder.
Except all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature,
coal, metals, minerals, fossils, fertilizers,together with all uranium, thorium or any other material
Exhibit-2
determined to be essential to the production of fissionable materials reserved in the Patent from
the State of Arizona.
Parcel No. 4A:
Storm Water and Drainage Easement as set forth in the Declaration and Agreement for Private
Storm Water Drainage Easement, recorded April 09, 2024, 2024 as Sequence No. 2024-1000026
of Official Records.
Parcel No. 5:
Lots 733 through 884, inclusive and Tracts A through K, inclusive, of FINAL PLAT FOR
MANDARINA - PHASE 1B - PARCEL A, LOTS 733-884 & TRACTS A-K, according to the
plat of record in the office of the county recorder of Pima County, Arizona, recorded in Plat
Sequence No. 2024-2250275 of Official Records.
Except therefrom all minerals, ores and metals of every kind and character and all coal asphaltum,
oil, gasses, fertilizer and other like substances in or under said land and right of ingress and egress
for the purpose of mining,together with enough of the surface of the land as may be necessary for
the proper and convenient working and extraction of such minerals and substances as reserved in
the Patent from the State of Arizona, recorded October 29, 1919 in Book 71 of Deeds, Page 554,
Office of the Pima County Recorder.
Except all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature,
coal, metals, minerals, fossils, fertilizers, together with all uranium, thorium or any other material
determined to be essential to the production of fissionable materials reserved in the Patent from
the State of Arizona.
Parcel No. 5A:
Storm Water and Drainage Easement as set forth in the Declaration and Agreement for Private
Storm Water Drainage Easement, recorded April 09, 2024, 2024 as Sequence No. 2024-1000026
of Official Records.
Parcel No. 5B:
Temporary Construction Easement as set forth in the document recorded April 09, 2024 as
Sequence No. 2024-1000029 of Official Records.
Exhibit-3