J R I M A * / V

vCOf?P0 LY-:

f̂> 1912

To all to Whom these Presen ts shall Come, Greeting:

BE IT KNOWN THAT -VBBSS CATAL1NA 130. 1 TOMSHOTSE ASSOCIATION

H A V I N G SUBMITTED TO THE A R I Z O N A C O R P O R A T I O N C O M M I S S I O N EVIDENCE OF C O M P L I A N C E WITH

THE LAWS O F THE STATE OF A R i Z O N A G O V E R N I N G THE I N C O R P O R A T I O N O F C O M P A N I E S , IS, BY VIRTUE

O F THE P O W E R VESTEO IN THE C O M M I S S I O N UNDER THE C O N S T I T U T I O N A N D THE L A W S OF THE STATE OF

A R I Z O N A , HEREBY G R A N T E D THIS

CERTIFICATE OF INCORPORATION

A U T H O R I Z I N G S A I D C O M P A N Y TO EXSRCiSE THE F U N C T I O N S O f A C O R P O R A T I O N , U N D E R THE LAWS

N O W IN EFFECT IN THE STATE O F A R I Z O N A . A N D SUBJECT TO S U C H LAWS A S M A Y HEREAFTER BE

ENACTED, FOR A PERIOD OF TWENTY-FiVE Y E A R S FROM THE DATE HEREOF, UNLESS S O O N E R REVOKED

BY A U T H O R I T Y OF LAW.

5 m

' /S 'I u w

v y y v A T T E S T :

BY ORDER O F THE A R I Z O N A C O R P O R A T I O N C O M M I S S I O N .

-RUSSELL WILLIAMS • '' Witness Whereof, i, W C H A I R M A N , H A V E H E R E U N T O SET M Y H A N D A N D C A U S E D THE O F F I C I A L

' ' O F THE A R I Z O N A C O R P O R A T I O N C O M M I S S I O N T O BE A F F I X E D A T THE

M ^ / F C A P I T O L . I N THE CITY O F P H O E N I X , THIS 3 . 8 T H

^ • W A D A Y O F S e p t e m b e r — - — -A . D . 1 9 ? 2

/

W CHAIRMAN.

S E C R E T A R Y . NO. 88609' BY

A S S I S T A N T S E C R E T A R Y .

mmmrn -~m"^aeww ^mu

9

J* l««*- 1 l .1,rw u i , — I ;.T ^

Verde Catalina Lots i through 75 ,

and shown on the plat as

recorded in the ..Pima County Recorder's

Office at Book 2^ P a g e • .

and to promote the health, safety and welfare of the residents

within the above described property and any additions thereto as

may hereafter be brought within the Jurisdiction of this Association

for this purpose tot

(a) exercise all of the powers and privileges and to perform

all of the duties and obligations of the Association as set forth in

that certain .Declaration of Covenants, Conditions and Restrictions,

hereinafter called the "Declaration", applicable to the property and

recorded or to be. recorded.in the Office of County Recorder,

Pima County, Arizona and as the same may be amended from, time

to time as therein provided, said Declaration being incorporated

herein as if•set forth at length;

(b) fix, levy, collect and en^orca payment by any lawful

means, all charges or assessments pursuant to the terms of the Dec-

laration; to pay all expenses in connection therewith and all office

and other expenses incident to the conduct of the business of the

Association, including all licenses, taxes or governmental charges

levied or imposed against the property of the Association;

(c) acquire (by gift, purchase or otherwise), own, hold,

improve, build upon, operate, maintain, convey, sell, lease, trans-

fer, dedicate for public use or otherwise dispose of real or personal,

property in connection with the affairs of the Association;

(d) borrow money, and with the assent of two-thirds (2/3) of

each class of members mortgage, pledge, deed in trust, or hypothecate

any or all of its real or personal property as security for money

borrowed or debts incurred;

(e) dedicate, sell or transfer all or part of the Common Area

to any. public agency, authority, or utility for such purposes and

subject to such conditions as may be agreed to by the members. No

such dedication or transfer shall be effective unless an instrument

HSM4337 ̂Or.173

has been signed by two-thirds (2/3) of each class of members,

agreeing to such dedication, sale or transfer.;

(f) participate in mergers 'and consolidations with other

nonprofit corporations organized for the same purposes or annex

additional residential property and Common Area, provided that any

such merger, consolidation or annexation shall have the assent of

two-thirds (2/3) of each class of members; ,

(g) have and to exercise any and all powers, rights and

privileges which a corporation organized under the Non-Profit Cor-

poration Law of the State of Arizona by law may now or

hereafter have or excerise.

ARTICLE V

' MEMBERSHIP

Every person or entity who is a record, owner of a fee or

undivided fee interest in any Lot which is subject by covenants

of record to assessment by the Association, including contract

sellers, shall be a member of the Association. The foregoing is

not intended to include persons or entitles who hold an Interest

merely as security for the performance of an obligation. Member-

ship shall be appurtenant to and may not seperated from ownership

of any Lot which is subject to assessment by the Association.

ARTICLE VI •

VOTING BIGHTS

The Association shall have two' classes of voting membership:

Class A. Class A members shall be all Owners with

the exception of the Declarant and shall be entitled to one

vote for each Lot owned. 'When more than one person holds an

interest in any Lot, all such persons shall be members. The

vote for such Lot shall be exercised as they among themselves

• determine, but in no event shall more than one note be cast

with respect to any Lot..

Class B. The Class B members shall be the Declarant

BOOH 4337 «174

r f f***?*0* • *•* >*•** •***•'• *•** • "«•* - £'

(as defined in the Declaration), and shall be entitled

to three (3) votes for each Lot owned. The Class B mem-

bership shall cease and be converted to Class A membership

on the happening of either of the following events, which-

ever occurs earlier:

" (a) when the total'votes outstanding in the

Class A membership equal the total votes

outstanding in the Class B membership; or

(b) -on July 1. 19 74 .

ARTICLE VII

BOARD OF DIRECTORS

The affairs of this Association shall be managed by a Board

of nine (9) Directors, who need not be members of the Association.

The number of directors may be changed by amendment of the By-Laws

of the Association. The names and addresses of the persons who are

to act in.the capacity of directors until the selection of their

successors are:

.NAME .. .ADDRESS

William A. Estes, Jr. 425 S. Brown Tucson, Arizona

Stephen E. Renneckar 9280 E. 27th St. 'Tucson, Arizona

Charles M. Pollock,Jr. 2242 S. Oak Park: Tucson, Arizona

James N. Shedd 7214 E. Camino Vecino Tucson. Ariz

Shirley Estes 425 S. Brown Tucson, Arizona

Louise Renneckar 9280 E. 27th St. Tucson, Arizona

Pearl M. Pollock ' 2242 S. Oak Park Tucson. Arizona

Jean Shedd 7214 E. Camino Vecino Tucson, Ariz

Delbnrt Browninc 11^42 E. Sundance Tucson. Arizona

The above directors were elected at the meeting held at

8257 E. Broadway, Tucson, Arizona on August 28, 1972 to serve

as directors until the .first meeting of the members of the cor-

poration or until their successors are duly elected and qualified.

" * . B O O K 4 3 3 / ?AG£ 175

The annual meeting of the members shall be held on the

third Tuesday of November of each year commencing with the year

of 1972, unless such date be a legal holiday, in which case the

meeting shall be held on the first succeeding day which is not a

legal holiday*

At the first annual meeting the members shall elect three

(3) directors for a terra of one(l) year, three (3) directors for

a term of two (2) years and three (3) directors for a term of

three (3) years; and at each-annual meeting'thereafter the members

shall elect three (3) directors for a term of three(3) years.

ARTICLE VIII

DISSOLUTION

The Association may be dissolved with the assent given in

writing and signed by not less than two-thrids (2/3) of each class

of members. Upon dissolution of the Association, other than inci-

dent to a merger or consolidation, the assets of the Association

shall be dedicated to an appropriate public agency to be used for

purposes similar to those for which this Association .was ..created.

In the event that such dedication is refused acceptance, such assets

shall be granted, conveyed and assigned to any nonprofit corporation,

association, trust or other organization to be devoted to such sim-

ilar purposes.

ARTICLE IX

DURATION

The time of the commencement of this corporation shall be •

the date on which a Certificate of Incorporation is issued by the

Corporation Commission of Arizona.

The corporation shall exist for a period of twenty-five (25)

years, but may be renewed for successive periods of twenty-five (25)

years by appropriate resolutions of renewal adopted before the date

of expiration or within five (5} years thereafter by three-fourths

(3/^0 of the votes cast at a shareholders' meeting duly called and

held for that purpose, if all fees and charges imposed by law have

been.paid,

book4337 W 1 7 8 -5-

ARTICLE X

AMENDMENTS

Amendment of these Articles shall require the assent of «

seventy-five percent (75^5 °£ t h e entire membership. Any amend- •

jment must he. recorded.

~ ARTICLE XI : .

CORPORATE INDEBTEDNESS • * " '

The highest amount of indebtedness-of liability, direct or

contingent, to which this corporation shall subject itself at any-

time is fifty thousand dollars ($50,000.00).

ARTICLE XII

EXEMPTION -OF PRIVATE PROPERTY

The private property of the members of this corporation

shall be exempt from corporate debts.

IN WITNESS WHEREOF, for the purpose of forming this corpor-

ation under the laws of the State of Arizona, we, the undersigned,

constituting the incorporators of this Association, have executed

these Articles of Incorporation this g8 ' day of August j 1972,

- 6 - m 4 3 3 7 m i 7 7

— «•?'. *WC-

£2

ADDRESS

425 S. Brovm Way

CITY & STATE

Tucson,- Arizona

7214 E. Camino Vecino Tucson, Arizona

.9580 E. 27th St. Tucson!, Arizona

STATE OP ARIZONA

County of Pima ss.

0** thisd

before me Rose Benanti

the .undersigned officer, personally appeared WILLIAM A. ESTES, .JR.,

JAMES N. SHEDD and STEPHEN E. HENNECKAH, Incorporators of the fore-

going instrument.

IN WITNESS WHEREOF, I hereunto set ay hand and official seal.

A N !

oy \ A iy j' ;• • t

c,omiission will expire: / ? •

Notary/ Public

-7- BOOK 4337 3IGfl78

&&&• . -i j ( >

i: H C\ M co r-

^ -JS25 v> O :o

wt