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'"., FiED AMNDED AND RESTATED ARTICLES OF INCORPORATION OF ..C!..Pl.Yl- 7 Pursuant to the provisions of A.R.S. §LO-L037, the undersigned corporation, pursuant to unanimous vote of the Members of the Corporation duly held and convened on October 22 1981 hereby adopts the following Amended and Restated Articles of Incorporation, which supersede the original Articles of Incorporation and all amendments to the original Articles ofInco,rporation.
i. Name. The name of the corporation is LAZY CREEK I HOMEOWNERS ASSOCIATION, INC.
2. Place of Business. The principal place of business of LAZY CREEK I HOMEOWNERS ASSOCIATION, hereinafter called the"Associationl1, shall be Tucson, Pima County, Arizona, with its known place of business at 5151 East Broadway, Suite 580, Tucson, Pima County, Arizona 85711, c/o Cienega, Ltd., or such other place as may be determined from time to time by the Board ofDirectors.
3. Purpose. This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purpose for which it is formed are: To promote the health, safety and welfare of its Members and to provide for maintenance, preservation and architectural control of certain Dwelling Units and ownership, maintenance. preservation and architectural control of certain Common Areas within the Subdivision in Pima County, Arizona, known as LAZY CREEK I. the legal description for which Subdivision is attached hereto and incorporated herein as Exhibit "A" and the Common Areas of which are as shown on the Plat of the subdivision recorded in Book 34 of Maps and Plats at Page 2 and the amended Plat recorded in Book 34 of Maps and Plats at Page 37, in the office of the County"Recorder of
e as shown on the Plat of the subdivision recorded in Book 34 of Maps and Plats at Page 2 and the amended Plat recorded in Book 34 of Maps and Plats at Page 37, in the office of the County"Recorder of Pima County. Arizona, to have and to exercise all powers, rights and privileges which a non-profit corporation of the State of Arizona may by law now or hereafter have or exercise and to do and perform any and all acts and things to transact any business not inconsistent with law, which may be necessary, incident to or convenient in carrying out any of the purposes of the Association. The Association in the fulfillment of its purposes shaii have those powers enumerated in A.R. S. Section §lO-L005 and the Third Amendment and Restatement of the Declaration of Covenants, Conditions and Restrictions of LAZY CREEK I, as recordedOctober 21 , 1981 in Book 6640 pages 311 through 374 inclusive in the office of the County Recorderof Pima ...County t Arizona (the IlDeclaration"). The Association shall not carryon any activities not permitted to be carried on by a homeowners association exempt from federal income tax under Section 501 (a) of the Internal Revenue Code of 1954 or the corresponding provisions of any future United States Revenue law.
. 4. In1 rial Business. The character of the business which the corporation initially intends actually to conduct in this State is the operation of a homeowners association.
5. Membership, Voting and Other Rights. The authoriz. ed number and qualification of Members of the Association; the different classes of membership, if any; voting and other rights and privileges of the Members j and their liability for dues and assessments and the method of collection thereof, shall be pro-
n; the different classes of membership, if any; voting and other rights and privileges of the Members j and their liability for dues and assessments and the method of collection thereof, shall be provided for in the Declaration and in the By-Laws of the Association.E agent for JR., 51516. Statutory Agent. The initial and current statutory the Association is hereby designated as HUGH M. CALDWELL..
East Broadway, Suite 1600. Tucson. Arizona 85711.
7. Board of Directors. The number of directors constituting the initial Board of Directors shall be five (5); the number of directors thereafter shall be fixed by the By-Laws of the Association. The names and addresses of the persons who are to serve as directors until the first annual meeting of Members, to be held at a time and place as provided by the ByLaws, or until their successors are elected and qualified. are: ANDREW B. KELLY 5151 E. Broadway, Tucson, ArizonaSuite 580 85711 W. WEBB PARKER 5151 E. Broadway.
Tucson. ArizonaSui te 580 85711 KEVIN OBERG 5151 E. Broadway, Tucson. ArizonaSui te 85711580 DAVID J. MARSHALL 5151 E. Broadway.
Tucson, ArizonaSui te 85711580 PATRICIA M. WILDER 5151 E. Broadway, Sui te 580 Tucson, Arizona 85711 -28. Incorporator.
porator of this AssociationThe name and address of the incor-is: J. DAVID HARDEN. JR.
5151 E. Broadway... Suite 580 Tucson, Arizona 85711 .i!
L-officer, times be9. Exemption. The private property of each and every Director and Member of this Association shall at all exempt from the debts and liabilities of the Association.
10. Dissolution. Subject to the provisions of Article 13, the Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of Members. Upon dissolution of the Association, other
sions of Article 13, the Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association after providing for the debts and obligations of the Association, shall be divided among the Members in accordance with their respective rights therein; except where the Association holds its assets in trust, in which case the assets shall be disposed of according to the applicable provisions of the Arizona Corporation Code for Non-Profit Corporation.
11. Governing Documents. In the event that any part or provision of these Articles of Incorporation are in conflict or inconsistent with the Declaration, or with the Rules l Regulations and Requirements of the Federal Home Loan Mortgage Corporation, or the Federal Housing Administration or the Veterans Administration. the terms and provisions of the Declaration and the Rules, Regulations and Requirements of the Federal Home Loan Mortgage Corporation or the Federal Housing Administration or the Veterans Administration as the case may be. shall prevail and supersede such conflicting or inconsistent provisions hereof, except as may otherwise be required by applicable law. Any provision contained in these Articles of Incorporation to the contrary notwi thstanding, neither the corporation, the Board of Directors of the corporation, nor any agent or employee of the corporation shaii be authorized or empowered to take any action inconsistent with the provisions of the Declaraiton.
12. Amendment to Articles. These Articles of Incorporation may be amended, altered or repealed only by the affirmative vote of seventy-five percent (75%) of the Members
rovisions of the Declaraiton.
12. Amendment to Articles. These Articles of Incorporation may be amended, altered or repealed only by the affirmative vote of seventy-five percent (75%) of the Members of this corporation.
13. FHA/VA Approval. As long as there is a Class B membership. the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dedication of -3, .
ArticlesIN WITNESS WHEREOF, the undersignedof Incorporation this 22nd day .ofhave executed theseOctober , 1981.
I..--LAZY CREEK I HOMEOWNERS ASSOCIATION, Its Secretary//).J JJ.J STATE OF ARIZONA ) ) 55.
) County of Pima On this the 22nd day of Dc tober . 1981, before me, the undersigned Notary Public, personally appeared Andrew B. Kelly the President of Lazy Creek I Homeowners Association, Inc., an Arizona nonprofit corporation. known to me to be the person whose name is subscribed to the foregoing Restated Articles of Incorporation i and acknowledged that he executed the same for the purposes therein contained.
My commission expires: r:t1.~j .5; l'ír5 - I STATE OF ARIZONA ) ) ss.
) County of Pima On this the 22nd day of October . 1981, before me.
the undersigned Notary Public, personally appeared Patricia M. li'ilder the Secretary of Lazy Creek I Homeowners Association, Inc., an Arizona nonprofit corporation, known to me to be the person whose name is subscribed to the foregoing Restated Articles of Incorporãtion, and acknowledged that he executed the same for the purposes
Arizona nonprofit corporation, known to me to be the person whose name is subscribed to the foregoing Restated Articles of Incorporãtion, and acknowledged that he executed the same for the purposes therein contained.
/ Notary Public My commission expires: -4_.... 1 .'
,,'CONSENT OF STATUTORY AGENT I. HUGH M. CALDWELL, JR.. having been designated to act as Statutory Agent. hereby consent to act in that capacity until n removal or resignation is submitted in accordance with the Arizona Revised Statutes.
\ H GH M.
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.EX1IIBIT A. : LEGAL DESCRIPTION LAZY CREEK I -.
--All that portion of the Southeast one-quarter of Section 27, Township 13 South, Range 14 East... .G. & S.R.M" Pima County, Arizona, more particularly described as follows: BEGINNING at the soutawest corner of said Southeast one-quarter, thence N 00 45' 37" W along the west line thereof.613.68 feet;.
THENCE N 890 14' 23" E álong a radial line, 30.00 feet to a point of curvature and the TRUE POINT OF BEGINNING; THENCE southeasterly along a curve. cOBcave to the northeast, having a central angle of 90 00' DO" and a radius of25.00 feet, an arc length of 39.27 feet to a point oftangency; THENCE N 890 14' 23" E, 147.59 feet to a point of curvature; THENCE easterly alongoa curve, Concave to the south, having a centr angle of 10 00' DO" and a radius of 425.00 feet, an arc length of 74.18 feet to a point of tangency; THENCE S 800 45' 37" E, 100.00 feet to a point of curvature; THENCE eas terly along a curve. concave to the north, having a centrcangle of 36000' 00" and a radius of 275.00 feet, an arce length of 172.79 feet to a point of tangency; THENCE N 630 14' 23" E, 93.58 feet;
eas terly along a curve. concave to the north, having a centrcangle of 36000' 00" and a radius of 275.00 feet, an arce length of 172.79 feet to a point of tangency; THENCE N 630 14' 23" E, 93.58 feet; THENCE 526045' 37" E along a radial line. 50.00 feet to a point of curvature; THENCE southwesterly along a cuÖve, concave to the southeast i having a central angle of 63 021 31" and a radius of 15.00 feet.
an arc length of 16.50 feet to a point of tangency; THENCE S00011'5211W21. 00 feet;, TH EN CE S89048 '08"E,160.00 feet; THENCE N 00011 ' 5211 E,15.00 feet; THENCE 5 89048 '08"E,352.00feet; THENCE S 00001'.03"E,546.00feet; THENCE N 890 48' 08" H, 30.00 feet northerly of and parallel iáth the south line of said Southeast one-quarter, 1115.69 feet¡ ..l'agc Jwo (THENCE N 00° 45' 37" W, 30.00 feet eascc"rly of and parallel with the west line of said Southeast one-quarter, 584.18 feet to the TRUE POINT OF BEGINNING.
,. Conta~. ning 14. i6 acres of land. more or less.
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I I I I I , I I I I I I I a Irage TWO THENCE N 000 45' 37" W. 30.00 feet eastedy of and parallel with the west line of said Southeast one-quarter f 584.18 feet to the TRUE POINT OF BEGINNING.
Conta~ning 14.16 acres of land. more or less.
No 110095 n