HomeMy WebLinkAboutResolution 2007-152 formation of the saguaro springs CFDF. ANN RODRIGUEZ, RECORDER
i
DOCKET:
13190
RECORDED BY- LLK
PAGE:
1248
DEPUTY RECORDER
0112 PE7'�
°F SO
o
NO. OF PAGES:
SEQUENCE:
29
20072290324
11/28/2007
W
JOHN OVERDORFF
iu
RES
14:24
2375 E CAMELBACK RD 700
PHOENIX AZ 85016
MAIL
AMOUNT PAID
$ 37.00
RESOLUTION NO. 2007-152
ORDERING AND DECLARING FORMATION OF SAGUARO
SPRINGS COMMUNITY FACILITIES DISTRICT; APPROVING
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
DISTRICT DEVELOPMENT, FINANCING PARTICIPATION AND
1 INTERGOVERNMENTAL AGREEMENT (SAGUARO SPRINGS
COMMUNITY FACILITIES DISTRICT) AbW
4�RG�NE3E
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF. THE TOWN
OF MA$ANA, ARIZONA, as follows:
1. Findings.
a. On a date prior to the date of the adoption here- I
9
of, there was presented to us, the governing body of the Town o 0
0
Marana, Arizona, an incorporated municipality of the State of Arizona 1
2
4
(hereinafter called the "Municipality"), a Petition for Adoption of a
PHX 327532448v2 611.3/2007
Pima County Recorder
W Tracking #200702870
Vol
Resolution Declaring Formation of Saguaro Springs 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
Saguaro Springs Community Facilities District are the entities which
are the successor owners which have become known and have been veri-
fied by recorded deed or similar evidence of transfer of ownership to
be the owners of such real property (including the hereinafter defined
"KB Home Tucson" and "Empire Land" and 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:
I.
The name of the community facilities dis-
trict of which formation is prayed pursuant to
the Petition to be "Saguaro Springs Community
Facilities District" (hereinafter called the
"District"),
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PHX 327532448v2 811312007
I I .
The District to be formed and exist pursu-
ant 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 Municipal-
ity and the District,
III.
The District to contain an area of approxi-
mately 787.38 acres of land, more or less, wholly
within the corporate boundaries of the Municipal-
ity and to be composed of the land included in
the parcels described 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 dis-
trict 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,
3
PHX 327532448v2 811312007
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 Community Facili-
ties 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.
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PHX 327532448v2 811312007
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 provi-
sions 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,
except to the extent the Municipality otherwise agrees to be liable,
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, resi-
dents on the Property, any requirements of posting, publication, mail-
ing, 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
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PHX 327532448v2 811312007
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, Saguaro
Reserve, LLC (hereinafter called "Saguaro Reserve"), KB Home Tucson,
Inc. (hereinafter called "KB Home Tucson") and Empire Land Venture I,
LLC (hereinafter called "Empire Land") are entering into a
"development agreement" to s_pecify, among other things, conditions,
terms, restrictions and requirements for "public infrastructure" (as
such term is defined in the Act) and the financing of public infra-
structure and subsequent reimbursements or repayments over time.
f. With regard to the real property included within
the boundaries of the District, the Municipality and Saguaro Reserve
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 Saguaro
Springs with respect thereto, all pursuant to the Act.
9. 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 plan-
ning, design, inspection, ownership, control, maintenance, operation
or repair of public infrastructure.
PHX 327532448v2 811312007 6
h . Pursuant to the Act, the District may also enter
into an agreement with Saguaro Reserve, KB Home Tucson and Empire Land
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 l.e. through h. a District Devel-
opment, Financing Participation and Intergovernmental Agreement
(Saguaro Springs Community Facilities District), to be dated as of
September 1, 2007 or such other date as the District Manager shall
determine (hereinafter referred to as the "Development Agreement"), by
and among the Municipality, the District, Saguaro Reserve, KB Home
Tucson and Empire Land.
2. Matters Noticed bv the MuniciDalitv.
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 agree-
ments 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 mate-
rials 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.
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PHX 327532448v2 811312007
d. The purposes for which organization of the Dis-
trict 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 Prop-
erty 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 govern-
ing body of the Municipality, ex officio. The Mayor of the Municipal-
ity 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 "Dis-
trict Manager"; the Finance Director of the Municipality shall be the
8
PHX 327532448v2 811312007
"District Chief Financial Officer" and the Town Attorney of the Munic-
ipality 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, inser-
tion s and omissions, if any, as the Mayor of the Municipality, with
the advice of the Town Manager of the Municipality and the Town Attor-
ney of the Municipality, shall authorize, the execution and delivery
of the Development Agreement to be conclusive evidence of the propri-
ety 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 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
PHX 327532448v2 811312007 9
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 sub-
division of either (other than the District) shall be pledged there-
for.
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 pro-
visions 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 constitu-
tion 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.
PHX 327532448v2 811312007 10
PASSED by -the Mayor and Common Council of the Town of
Marana, Arizona, this 4 1h day of September, 2007.
...............
Mayor, Town of Marana,.Arizona
ATTEST:
?own Cl**k*''o
k,
__?own oi arana,
11 T wn of Marana,
rizona
APPROVED AS TO FORM:
. . . . . ... . . . . . . . . . . . . . . . . . . . . . . .
wn A,,?torney, 0 of Marana,
riz*a
REVIEWED BY:
4"
...............
Town Manager, Town of Marana,
Arizona
ATTACHMENTS:
EXHIBIT A -- Conformed Copy of Petition for Adoption of this
Resolution
PHX 327532448v2 811312007 11
EXHIBIT "A"
CONFORMED COPY OF PETITION
FOR ADOPTION OF THIS RESOLUTION
PHX 327532448v2 811312007 A-1
PETITION FOR ADOPTION OF A RESOLUTION
ORDERING AND DECLARING
FORMATION OF
SAGUARO S.P.RINGS COMMUNITY FACILITIES DISTRICT
S'T'ATEOF ARIZONA }
COUNTY OF PIMA ) s s .
TOWN OF MAR -ANA }
THE UNDERSIGNED OWi4ERS OF ALL OF THE LAND (hereinafter
referred to as., collectively, "Petitioner") in the parcels hereinafter
described, acting pursuant to the provisions of Title 48, Chapter 4,
Article 6, Arizona Revised Statutes, as amended (hereinafter referred
Lo as the "Act"), respectfully petitions The Honorable Town Council of
the Tobin 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;wth respect thereto:
I.
The naive of the District to be "Saguaro Springs Community
Facilities District,"
II.
The District shall be formed and exist pursuant to the
terms and provisions of the Act as such terms and provisions are
0
modified, waived or restricted pursuant to agreements to be entered
i
into by and among Petitioner., the Municipality and the District,
0
PHX327592449v15/1672007
The District shall contain an area of approximately 787.38
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. Exhibit "A"' hereto, which is made a
part hereof for all purposes,
TV.
The District shall 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,
V.
The formation of the District is intended to, and shall,
result in the levy of ad valorem taxes to pay costsof improvements
constructed or acquired by the District and for their operation and
maintenance
2
1605842P -X 3275324490 5746/2007
VI.
Before the Resolution is adopted, the Clerk of the Munici
. pality shall accept the filing of a "general plan" (as such term is
defined in the Act and hereinafter referred to as the "General Plan")
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 has determined 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 roil 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 succes-
sor 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 in relation to the District; that the land to be
included in the. District shall be benefited from the improvements for
0
which the District is proposed to be formed; that the District shall 0
1
be formed and exist pursuant to the terms and provisions of the Act as
such terms and provisions are modified, waived or restricted pursuant
3
1605842PHX 327532448x9 5/1612007
to agreements to be entered into by and among Petitioner, the Munici-
pality 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, except to the extent
that the MunicipaliCy has otherwise agreed or hereafter agrees to pay
for the costs of the public infrastructure, nor liable for any lia-
bility, 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 (54) days preceding the first anticipated election
related to 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 for posting,
publication, mailing, notice, hearing or election; and
WHEREFORE,
Petitioner respectfully prays that
this Petition
i
be properly filed as
provided by law; that the
Municipality adopt the
i
Resolution and declare
and order the District
formed
without being
0
0
required to comply
with the provisions for
posting,
publication,
2
mailing, notice, hearing
and election otherwise
required
by the Act in
3
connection with the
Resolution; and that such other
orders, acts,
4
1605842PHX 327532449v 15/1612007
procedure and relief as are proper, necessary and appropriate to the
purposes of organizing the. District and to the execiution 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.
[BALANCE OF PAGE LEFT BLANK INTENTIONALLY]
5
1605842PHX 327532449u1. 5/16/2007
RESPEC'T'FULLY SUBMITTED this day of , 2007,.
SAGUARO RESERVE, LLC, a Delaware
limited liability company
By: Empire Land; LLC, a California
limited liability company, its
Managing Member
By: Empire Partners, Inc., a
California corporation, its Managing
Member
By.
Its:
First American Title Insurance
Company, a California corporation., as
Trustee under Trust No. 908:9 and riot
otherwise
By,._1'
Title:
KB HOME TUCSON, INC. an Arizona
corporation
By: SICNED IN COUNTER PART
Its:
First American Title Insurance
Company, a California corporation, as
Trustee under Trust No. 9.092 and .not.
of
By
Ti
6
11305842PHX 327532449v1 1#612007
RESPECTFULLY SUBMITTED this i€ sj day of 2007.
SAGUARO RESERVE., LLC,. a Delaware
limited liability company
By: Empire Land, LLC, a California
limited liability company, its
Managing Member
By; Empire Partners, Inc., a
California corporation, its Managing
Member
SIGNED IN COUNTER PART
By:
Its:
First American Title insurance.
Company; a California corporation, as
Trustee under Trust No. 9089 and not
otherwise
SIGNED IN COUNTER PART
By:
Title:
KB HOME TUCSON., INC. an Arizona.
Corpora io /
e
B y :
r'
Its.,
First American Title Insurance
Company, a California corporation, as
Trustee under 'frust No. 9092and not 1
otherwise
1
SIGNED IN COUNTER PART 0
By; 0
1
Title:
6
6
0
1605642PHX 327024490 5116/2007
The undersigned, as beneficiary and trustee, respectively,
pursuant to the fol.lowIng encumbrance, hereby consent Vo and join in
the foregoing Petition and to the provisions thereof;
Deed of 'frust, dated August 15, 2005, from
Saguaro Reserve LLC, a Delaware limited liability
company, as successor to.Rest Associates II, LLC.,
an Arizona limited company to Fidelity National
Title Agency, Inc. for the benefit of KeyBank
National Association, a national, banking.
association, recorded on August 16, 2005, in
Docket 12617, page 2065, in L -he records of the
Office of the Recorder of Pima County, Arizona
and as ame ded and modified
Dated 20107
BENEFICIARY
KE` BANK NATIONAL ASSOC.IATTON, a
national bay+4 ng .ass.o?Y:,�an
1
By {. ' ............. .
'i
Jeff V. Aycock, CFA
Senior Banker
TRUSTEE:
FIDELITY NATIONAL TITLE AGENCY, INC.
a corporation
By— ......... .
Its...............................
7
1605842fi'HX 32753244Jvi 5/16/2007
The undersigned, as beneficiary and trustee, respectively,
pursuant to the following encumbrance, hereby consent to and join in
the foregoing Petition and to the provisions thereof.:
Deed of Trust, dated August 15, 2005, from
Saguaro Reserve 1.1,C, a Delaware limited liability
company, as successor to Best Associates I'I, LLC,
an Arizona limited company to Fidelity National
Title Agency, Inc. for the benefit of KeyBan.k
National Association, a national banking
association, recorded on August 16, 2005, in
Docket 12617, page 2065, in the records of the
Office of the Recorder of Rima County, Arizona
and as amended and modified
Dated bj ,2 � , 2007
BENEFICIARY:
KEYBANK NATIONAL ASSOCIATION, a
naLi.onal banking association
By........ .........................
TRUSTEE:
FIDELITY NATIONAL TITLE AGENCY, INC.,
a �..,.... corporation
By...... .........
Its:. .
1
i
0
7
1605842PHX 327532449v1 5/1812007
STATE OF CALIFORNIA
} ss.
COUNTY OF }
The foregoing instrument was acknowledged before the this
...... day of 2007, by as
of SAGUARO RESERVE LLC, a Delaware limited liability
company, on behalf of the limited liability company.
SIGNED TAT COUNTER FART - SEE ATTACIIED
Notary Public
my Commission Expires:
STATE OF ARIZONA
COUNTY OF . `: i � VVIS }
The foregoing instrument was acknow edged befc ire me this
r 'ay o£ #,iz w�I 2607, b, r.ts: 4 _ as
, _ l , , V'of FIRST .AMERICAN TITLE INSURANCE CQMPA Y, a California
Corporation, as Trustee under Trust No. 9089 and not otherwise.
/117
Notary blic �r
My Commission Expires; i
t � y
* so
a .._ :,, s arl� 0
__ ,_�
0
i
6
9
8
1605842PHX 3275324490 5/1612007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On -�— _ before me,
s.d T,te a_alit G a.':a:a:y
personally afipeared
V�15ersoaally known to me
proved to Hie on the basis of satisfactory
evidence
CAROL B, C-rRIHIN
o be the Rerson(s) whDsa Qrne(s) islare
# 1484016.
subscribed to the within instrument and
aBerncommission
Notary Public - California
acknowledged to me thal.heishelthey executed
San County
ardinomy
the same in hisMerltheir authorized
Comm. Expires May 115, 2008
capacity(ies), and that by .his/heritheir'
si.gnature(s) on the instrument the perion(s), or
the entity upon hehalt of which the persons)
acted. executed the instrument.
WITNIESS my hand and official se�iL
-P�ir3{4
:Cls fPuk�
F
_-_---- - — OPTIONAL
r'haugh fhe inform alion below is not required by law. it inay prove
valuable to persons ralying Orr the document olid courd prevent
Imadutollf (arnoval and n9s1rachmew
at this form re an00181 fdocamerrl.
Description of Attached Document
' Tilie or Type of Document:
Document Dale.:
Number of Pages.
Signer{s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
_. Individual
Corpnrale Officer W Tide(s):
Partner — '.. i l_irmted : General
Attorney -in -t=act
Trustee
Guardian or Conservalor
t
..-
Other:. _.......... _..
Signer Is Reptesonting:_—
,P0 a- 24.1, O'fIs Q!1, CA 912: 3-21,2
-•.r•.-",,t01'1:- R•. -j .., y]n7 3trs�_ ^a`F 7�1-Fse d=.37o.3a'
1
1
9
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STATE OF ARIZONA
} ss.
COUNTY OF .... (•"ri ..... }
rd The foregoing instrument was ac%nowledged before me this
day of �# 4 6, 5 t �'. t , 2007, by A: � k�-�':. , .�i c r , as
KB HOME TUCSON, INC., an Arizona corporation, on
behalf of the corporation.
}
J�k (y I L. MEW)—
r
Y �
1
. . . . . . . . . . .
N o -:—iry Public
My Commission Expires
STATE OF ARIZONA j
} ss.
COUNTY OF .f 1i tis: ...... }
The foreg ting instrument was acknowl dged, befoge e this
44' y of 2007 b as
( t..'Jof FIRST ERICAN TITLE INSURANCE COMPAN , a California
Corporation, as Trustee under Trust No. 9092 and not otherwise.
Notary Public j
My Commission Expires: ( ,
k dY
V
i
i
9
1605842PHX 327532449vt 1VI612007
STATE OF ARIZONA }
ss .
COUNTY OF .............. )
The foregoing instrument was acknowledged before me this
day of 2007, by ....,
as .................. of KEYBANK NATIONAL ASSOCIATION, a
national banking association, on behalf of the corporation..
Notary Public
My Commission Expires:
STATE Of' ARIZONA )
COUNTY OF
The foregoing instrument was ackn�.)wleogod before me this
day of (.L ........ , 2007, by+.':`.��t ,
as "a .. 'r';'.� ::i.` �•� r of FIDELITY NATIONAL TITLE INSURANCE
COMPANY, a CalifornLA— orporation, on behalf of the corporation.
F l1 i5
¢ 1 he I
Notary Public,
My Commission 'xpi.r.es:
ATTACHMENT:
EXHIBIT A - Legal Description Of Property To Be Included In The
District
10
1605842PHX 32753244,90 8196/2007
STATE OF
COUNTY OF � ��� � ....... }
Th',e foregoing instrument vias acknowledge before e this
day of l.U. , ....., 2007, by-�5. , . �.?4 . m.....
as ��1-►?�..� ..,..... of KEYBANK NATIONAL ASSOCIATION, a
national banking association, on behalf of the corporation.
My Commission EXpi res ;
... �� l..02.,.. .... 1,.
STATE OF ARIZONA )
ss.
COUNTY OF ..............
The foregoing instrument was ackneviledged before me this
.... day of , 2007, by
as of F'ID:LITY. NATIONAL TITLE INSURANCE
COMPANY, a California corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
ATTACHMENT,
EXHIBIT A - Legal Description Of Property To Be Included In The
District
160584.2RNX 327632449v1 511WO07
Notary Public
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The foregoing instrument was ackneviledged before me this
.... day of , 2007, by
as of F'ID:LITY. NATIONAL TITLE INSURANCE
COMPANY, a California corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
ATTACHMENT,
EXHIBIT A - Legal Description Of Property To Be Included In The
District
160584.2RNX 327632449v1 511WO07
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY TO
BE INCLUDED IN THE DISTRICT
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i
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1 05842PHX 327532449vf 51161,2007
stanlec consulting Inc.
201 Norlh Bonita Avenue Smite 101
Tucson AZ 65745-2999.
761: (520).750-747A Fax: (520) 750.7470
stantec.com
StantK
PROPERTY DESCRIPTION
SAGUARO SPRINGS
DESCRIPTION of property located in portions of Sections 17, 18 and 19, Township 12 Soul
Range 12 East and a portion of Section 13, Township 12 South, Range 11 East, Gila and &
River Meridian, Pima County, Arizona. Said property being more fully described as follows:
Blocks 1 thru 10 and A thru D together with Lots 1 thru 9, A and B, as shown on the Block PI
for SAGUARO SPRINGS; recorded in Book 58 of Maps and Plats; Page 23, in the office of tl
Pima County Recorder, Pima County, Arizona.
Together with,
A portion of said Section 13, as described in Docket 92208, Page 1961, Pima Cour
Records.
Excepting therefrom:
Lot B of said Block Plat
Also. excepting therefrom:
That portion of Block 5 of said Block Plat to be dedicated for use as a school site, as record
in Docket 12711, Page 10927, Pima County Records.
Also excepting therefrom:
That. portion of Block 5 of said Block Plat to be dedicated for use as a park site, as recorded
Docket 12755, Page 4378, Pima County Records.
Said parcel containing a total area of 32,839,128 square feet or 753.88 acres of land, more
less..
Disclaimer., Stanfec Consulting accepts no liability for this descriptior7 if it has been modified or
reformatted in any way from its original format and content, or used for any purpose other than that for
wnic11 it was originally intended:
Prepared by Nathan L. Gardner, RLS 36786
Prepared on June 14, 2067
Prepared for and on behalf of Stantec Consulting Inc.
Project Number: 185621935
vv:%adtiveli 858219351ia1s121935—property_ovined_by empire_070614.doc
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Lot B, Lift Station
REFERENCE SAGUARO SPRINGS BLOCK PLA T
BOOK 58 MAPS & PLATS, PAGE 23
WS SKUN IS FOR MW PUMWES ONLY MD DM HOT
WHSWM A PROPSTY BOUNDARY Mv.
Jut
I A
Stantec consuft!", SAGUARO RESERVE
201 North Borib Ave T 12 S, R 12 E, SECTIONS 17
&
T 12 S, R 1 Ej SECTION 13; PIMA 001
Tucson AZ U.S.A.
Figure No.
R574.r —9000
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