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IIIlliIIIllIll|||lllllllllIllll1IlllilllllllllllllllllllillIlillllllIIIPAGE: 1 of 7 FEE M 2009015308
B: 7428 P: 483
\ When RecordedReturnto: OFFICIAL RECORDSOF MOHAVE COUNTY
Kelley& Moss,PLLC CAROL MEIER,P.O.Box 20189 COUNTY RECORDER . .....
BullheadCity,AZ 86439-018903/17/2009 02:08 PM Fee: $16.0DOC TYPE: AMCCRPAID BY:KELLEY & MOSS PLLC
AMENDED AND RESTATED
TRACT DECLARATION
FOR TRACTS A AND C,
LAUGHLIN RANCH - UNIT 2, TRACT 5127
( NON RESIDENTIAL PARCELS)
This Amended and Restated Tract Declaration for Tracts A and C, Laughlin Ranch
- Unit 2, Tract 5127, ("Tract Declaration") isexecuted by Laughlin Ranch, LLC, an
Arizona limited liabilitycorporation, as Declarant, Laughlin Ranch, LLC, an Arizona
limited liabilitycompany, as the Community Master Planner, ATLANTIS
INVESTMENTS, LLC, a North Dakota limited liabilitycompany, as the owner of Tract
A, Laughlin Ranch - Unit 2, Tract 5127 and DJL 2007 LLC, an Arizona limited liability
company, as the owner of Tract C, Laughlin Ranch - Unit 2, Tract 5127, (collectively"the
Owners") pursuant to the provisions of the Declaration of Covenants, Conditions,
Restrictionsand Easements of Laughlin Ranch Association (Amended and Restated)
recorded February 17, 2005, in Book 5444, page 549, OfficialRecords ofMohave County
Arizona.
RECITALS:
A. Declarant as the owner of Tracts A and C, Laughlin Ranch - Unit 2, Tract
5127, (hereinafterreferenced to as "Tracts A and C") subjected Tracts A and C, Laughlin
Ranch - Unit 2, Tract 5127 to the Declaration of Covenants, Conditions, Restrictionsand
Easements for Laughlin Ranch Association (Amended and Restated) dated February 16,
2005, and recorded on February 17, 2005, in Book 5444, Page 549, OfficialRecords of
Mohave County, Arizona as may be amended from time to time (the "Laughlin Ranch
Declaration"). Through the recordation of a Tract Declaration for Tracts A and C,
Laughlin Ranch - Unit 2, Tract 5127 (Non-Residential Parcels) ("Original Tract
Declaration") recorded atBook 5315, page 946, OfficialRecords ofMohave County,
Arizona.
B. Declarant, Community Master Planner and Owners desire to amend and
restatethe Tract Declaration recorded atBook 5315, page 946, OfficialRecords, Mohave
County, Arizona, in itsentiretyin compliance with the amendment process setforthat
Section 11.3 of the Laughlin Ranch Declaration. This Amended and Restated Declaration
shallsupercede in totalitythe Original Tract Declaration recorded atpage 5315, page 946,
OfficialRecords, Mohave County, Arizona.
DECLARATIONS:
Declarant, Community Master Planner and Owners declare and state:
1. Land Use Classification. The Tracts A and C shallhave a land use
classificationof General Commercial as defined in the Laughlin Ranch Commercial
Design Guidelines, subject to the provisions of thisTract Declaration and the Laughlin
Ranch Declaration. Any and allreferences in thisTract Declaration to "Tract" or "Tracts"
shallbe deemed to referto any Tract or Tracts of Tract A and C. The Tracts shallbe
considered Parcels under the provisions of the Laughlin Ranch Declaration.
2. Improvements. All Improvements on the Tracts shallcomply with the
Laughlin Ranch Commercial Design Guidelines and the Laughlin Ranch Declaration.
3. Maintenance of Improvements. Itshallbe the responsibilityof each
Owner to maintain allImprovements constructed,erected,placed or installedon a Tract
in accordance with the Laughlin Ranch Declaration and Guidelines. By way of
illustrationand not by way of limitation,the Owner shallbe responsible for maintainingallexteriorwalkways, parking areas,lighting,and landscaping.
4. Neighborhood and/or Merchant Association. An Owner or Owners of a
Tract or Tracts may, but shallnot be required to,form a Neighborhood or Merchant's
Association as a vehicle to promote the common interestof allOccupants in a Tract or
Tracts,including but not limited to providing services,implementing programs, and/or
sales/marketing activityforthe benefit of the Occupants. Any such Neighborhood or
Merchant's Association shallbe deemed a part of the Laughlin Ranch Association and be
subject to approval of the Community Master Planner.
5. Memberships and Votes. The number of Memberships associated with
the Tracts shallbe two memberships for each gross acre as provided in the Laughlin
Ranch Declaration. For purposes of determining Memberships, the acreage designation
setforthon the Final Plat for Tract 5127 shallcontrol. Portions of acres shallbe rounded
to the nearest whole acre using standard rules of rounding. Each Membership shallbe
Amended andRestatedTractDeclarationforTractsA andC,
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page2 of7
entitledto one (1) vote. Provided however, priorto the issuance of permit issued by the
City of Bullhead City authorizing construction of improvements, each Tract A and Tract
C shallbe deemed to have only one (1) membership.
6. Assessments. The Tracts shallbe subjectto the base assessment for
each membership in Laughlin Ranch Owner Association.
7. Enforcement. As provided in the Laughlin Ranch Declaration, the
Association or any Member shallhave the rightto enforce the provisions of thisTract
Declaration as one of the Project Documents.
8. Term. All of the covenants, conditions,restrictionsand other
provisions of thisTract Declaration (as amended from time to time): (a) shallrun with
and bind Tracts A and C, and allportions thereof,including but not limited to allTracts
created therefrom; (b) shallinure to the benefitof and shallbe enforceable by the
Association or by the owner of any properly subject hereto or;and (c)shallremain in full
force and effectfor a term co-extensive with the term of the Laughlin Ranch Declaration,
as the same may be extended in accordance with the provisions thereof.
9. Amendment. This Tract Declaration may be amended only as
provided in the Laughlin Ranch Declaration. In no event shallany amendment be
effectiveunless itisapproved by the Community Master Planner and untilitisRecorded.
10. Severability; Interpretation; Gender. Invalidationof any provisions of
thisTract Declaration by judgment or court order shallin no way affectany other
provisions,which shallremain in fullforce and effect.The provisions of thisTract
Declaration shallbe construed and interpretedwith reference to the laws of the State of
Arizona. Where the context hereof so requires,any personal pronouns used in thisTract
Declaration, whether used in the masculine, feminine or neuter gender, shallinclude all
genders, and the singular shallinclude the pluraland vice versa. Titlesof Articlesand
Sections are for convenience only and shallnot affectthe interpretationhereof. All
Exhibits attached hereto are incorporated herein by reference.
I1. Perpetuities. Ifany of the covenants, conditions,restrictionsor other
provisions of thisTract Declaration would otherwise be unlawful, void or voidable for
violationof the rule against perpetuities,then such provisions shallcontinue only until
Amended andRestatedTractDeclarationforTractsA andC,
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)Page3 of7
twenty-one (21) years afterthe death of the lastsurvivor of the now livingdescendants of
the President of the United States in officeon the date thisTract Declaration isRecorded.
12. Declarant's Disclaimer of Representations. While Declarant has no
reason to believe that any provision in thisTract Declaration isor may be invalidor
unenforceable for any reason or to any extent,Declarant makes no warranty or
representationas to the present or futurevalidityor enforceabilityof any such provision.
Any owner acquiring a Tract in relianceon one or more of such provisions shallassume
allrisksof the validityand enforceabilitythereof and by accepting ownership of the Tract
agrees to hold Declarant harmless therefrom.
13. Relationship to Laughlin Ranch Declaration. This Tract Declaration
shallbe considered an integralpart of the Project Documents and shallbe construed and
interpretedin a manner consistenttherewith. In the event of any conflictbetween a
provision of the Laughlin Ranch Declaration and a provision of thisTract Declaration,
the provision in the Laughlin Ranch Declaration shallcontrol except in the case where the
provision in thisTract Declaration places greateror more specificrestrictionsupon the
use, occupancy, improvement or development of the Tract or Tracts created therefrom, or
upon the activitiesor conduct of owners, residentsor others upon or about the Tract or
Tracts created therefrom, in which event the provision in thisTract Declaration shall
control.
IN WITNESS WHEREOF, Declarant has executed thisinstrument as of the date
firstset forthabove.
DECLARANT:
LAUGHLIN RANCH, LLC,
an Arizona limited liabilitycompany
By:*
By: G. NEIL E EY
Its: Designated Represen tive
Amended andRestatedTractDeclarationforTractsA andC,
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)Page4 of7
COMMUNITY MASTER PLANNER:
LAUGHLIN RANCH, LLC,
an Arizona limited liabilitycompany
By: .
By: G. NEIL E SEY
Its: Designated epresenta ive
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the day of C ,2008, before me, the
undersigned notary public,personally appeared G. NEIL ELSEY, who acknowledged
himself to be the Designated Representative of LAUGHLIN RANCH, LLC, an Arizona
limited liabilitycompany and thathe, being authorized so to do, executed the foregoing
instrument forthe purposes therein contained by signing the name of the company, byhimself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
o ry Public
My Commission Expires:
moucom countyCommission#221188MyCommissionExpliesNovember5,2011
Amended andRestatedTractDeclarationforTractsA andC.
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page5 of7
OWNER OF TRACT A, LAUGHLIN RANCH - UNIT 2, TRACT 5127:
By:
By: ATLANTIS S NTS, LLC,
a North Dakot I itedliabilitycompany
By: ROBERT f;
Its: Authoriz Member/Manager
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the // day ofM ,2008 before me, the
undersigned notary public,personally appeared J. Ad-&-, who
acknowledged himself to be the Authorized Member/Manager of ATLANTIS
INVESTMENTS, LLC a North Dakota limited liabilitycompany and thathe, beingauthorized so to do, executed the foregoing instrument for the purposes thereincontained
by signing the name of the company, by himselfas such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Nota Public
My Commission Expires:
"OFFICIAL SEAL"HazelF.CorbinNotaryPublic-Arizona
PinalCountyM CommissionExires116
Amended andRestatedTractDeclarationforTractsA andC,LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)Page6 of7
OWNER OF TRACT C, LAUGHLIN RANCH - UNIT 2, TRACT 5127:
By: 1)JL 2007 LLC,
an Arizona limited liabilitycompa
By: THOMAS GRIFFIN
Its: Manager
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the day of dgfgy ,2008, before me, the
undersigned notary public,personally appeared THOMAS GRIFFIN, who acknowledged
himself to be the Manager of DJL 2007 LLC, an Arizona limited liabilitycompany and
thathe, being authorized so to do, executed the foregoing instrument forthe purposes
therein contained by signing the name of the company, by himself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Notary Public
My Commission Expires: /2 f# #EILEEN L.BARNES
NOTARY PUBLIC-ARIZONAMOHAVE COUNTY
My Commission ExpiresMay 12,2009
Amended andRestatedTractDeclarationforTractsA andC,
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page7 of7
illillIIIIlillIIIllIllillilIllillllllIlllllillHillll||1IIIllilllllIIIlll|PAGE: 1 of 11 FEE N 2009015309
V, B: 7428 P: 490
When RecordedReturnto: OFFICIAL RECORDS
Kelley& Moss,PLLCOF MOHAVE COUNTY .. .CAROL MEIER - A
P.O.Box 20189 COUNTY RECOADER * -BullheadCity,AZ 86439-0189
03/17/2009 02:08 PM Fee: $20.0DOC TYPE: AMCCRPAID BY:KELLEY & MOSS PLLC
AMENDED AND RESTATED
TRACT DECLARATION
FOR TRACTS B, D, G, H and I,
LAUGHLIN RANCH - UNIT 2, TRACT 5127
( NON RESIDENTIAL PARCELS)
This Amended and Restated Tract Declaration for Tracts B, D, G, H and I,
Laughlin Ranch - Unit 2, Tract 5127, ("Tract Declaration") isexecuted by Laughlin
Ranch, LLC, an Arizona limited liabilitycorporation, as Declarant, Laughlin Ranch,
LLC, an Arizona limited liabilitycompany, as the Community Master Planner, SOLID
STATE OATMAN, LP, an Arizona limitedpartnership,as owner of Tract B, Laughlin
Ranch - Unit 2, Tract 5127, THE STINKWEED INVESTMENT COMPANY, LLC, an
Arizona limited liabilitycompany, as to an undivided fiftypercent (50%) interestand M.
LAURIN HENDRIX and EVELYN HENDRIX, husband and wife, as community
property with rightof survivorship as to an undivided fiftypercent (50%) interest,as
owners of Tract D, Laughlin Ranch - Unit 2, Tract 5127, THE STINKWEED
INVESTMENT COMPANY, LLC, an Arizona limited liabilitycompany, as the owner of
Tract G, Laughlin Ranch - Unit 2, Tract 5127, IMH SPECIAL ASSETS NT 76, LLC, a
Delaware limited liabilitycompany, as owner of Tract H, Laughlin Ranch - Unit 2, Tract
5127, and ATLANTIS INVESTMENTS, LLC, a North Dakota limited liabilitycompany,
as owner of Tract I,Laughlin Ranch - Unit 2, Tract 5127, (collectively"the Owners")
pursuant to the provisions of the Declaration of Covenants, Conditions, Restrictionsand
Easements of Laughlin Ranch Association (Amended and Restated) recorded February
17, 2005, in Book 5444, page 549, OfficialRecords ofMohave County, Arizona, as
amended from time to time.
RECITALS:
A. Declarant as the owner of Tracts B, D, G, H and I,Laughlin Ranch - Unit 2,
Tract 5127, (hereinafterreferenced to as "Tracts B, D, G, H and I" respectively)subjected
the said Tracts to the Declaration of Covenants, Conditions, Restrictionsand Easements
for Laughlin Ranch Association (Amended and Restated) dated February 16, 2005, and
recorded on February 17, 2005, in Book 5444, Page 549, OfficialRecords ofMohave
County, Arizona as may be amended from time to time (the "Laughlin Ranch
Declaration") through the recordation of a Tract Declaration for Tracts B, D, G, H and I,
Laughlin Ranch - Unit 2, Tract 5127, (Non-Residential Parcels) recorded atBook 5315,
page 951, OfficialRecords ofMohave County, Arizona ("Original Tract Declaration").
B. Declarant, Community Master Planner and Owners desireto amend and
restatethe Original Tract Declaration recorded at Book 5315, page 951, OfficialRecords,
Mohave County, Arizona, in itsentiretyin compliance with the amendment process set
forthat Section 11.3 of the Laughlin Ranch Declaration. This Amended and Restated
Declaration shallsupercede in totalitythe Original Tract Declaration recorded atpage
5313, page 951, OfficialRecords, Mohave County, Arizona.
DECLARATIONS:
Declarant, Community Master Planner and Owners declare and statethatthe Tract
Declaration for Tracts B, D, G, H and I isamended in itsentiretyto read as follows:
1. Land Use Classification. The Tracts B, D, G, H and I shallhave a land
use classificationof Neighborhood Commercial as defined in the Laughlin Ranch
Commercial Design Guidelines, subject to the provisions of thisTract Declaration and the
Laughlin Ranch Declaration. Any and allreferences in thisTract Declaration to "Tract"
or "Tracts" shallbe deemed to referto any Tract or Tracts of Tract B, D, G, H and I. The
Tracts shallbe considered Parcels under the provisions of the Laughlin Ranch
Declaration.
2. Improvements. All Improvements on the Tracts shallcomply with the
Laughlin Ranch Commercial Design Guidelines and the Laughlin Ranch Declaration.
3. Maintenance of Improvements. Itshallbe the responsibilityof each
Owner to maintain allImprovements constructed,erected,placed or installedon a Tract
in accordance with the Laughlin Ranch Declaration and Guidelines. By way of
illustrationand not by way of limitation,the Owner shallbe responsible formaintaining
allexteriorwalkways, parking areas,lighting,and landscaping.
4. Neighborhood and/or Merchant Association. An Owner or Owners of a
Tract or Tracts may, but shallnot be required to,form a Neighborhood or Merchant's
Association as a vehicle to promote the common interestof allOccupants in a Tract or
Tracts,including but not limited to providing services,implementing programs, and/or
sales/marketing activityforthe benefit of the Occupants. Any such Neighborhood or
Merchant's Association shallbe deemed a part of the Laughlin Ranch Association and be
subject to approval of the Community Master Planner.
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page2 of11
5. Memberships and Votes. The number of Memberships associated with
the Tracts shallbe two memberships for each gross acre as provided in the Laughlin
Ranch Declaration. For purposes of determining Memberships, the acreage designation
setforthon the Final Plat for Tract 5127 shallcontrol. Portions of acres shallbe rounded
to the nearest whole acre using standard rules of rounding. Each Membership shallbe
entitledto one (1) vote. Provided however, priorto the issuance of a permit by the City
of Bullhead City authorizing construction of improvements, each of the Tracts shallbe
deemed to each have only one (1) membership.
6. Assessments. The Tracts shallbe subject to the base assessment for
each membership in Laughlin Ranch Owners Association.
7. Enforcement. As provided in the Laughlin Ranch Declaration, the
Association or any Member shallhave the rightto enforce the provisions of thisTract
Declaration as one of the Project Documents.
8. Term. All of the covenants conditions,restrictionsand other
provisions of thisTract Declaration (as amended from time to time): (a) shallrun with
and bind Tracts B, D, G, H and I,and allportions thereof,including but not limited to all
Tracts created therefrom; (b) shallinure to the benefit of and shallbe enforceable by the
Association or by the owner of any properly subject hereto or;and (c)shallremain in full
force and effectfor a term co-extensive with the term of the Laughlin Ranch Declaration,
as the same may be extended in accordance with the provisions thereof.
9. Amendment. This Tract Declaration may be amended only as
provided in the Laughlin Ranch Declaration. In no event shallany amendment be
effectiveunless itisapproved by the Community Master Planner and untilitisRecorded.
10. Severability; Interpretation; Gender. Invalidationof any provisions of
thisTract Declaration by judgment or court order shallin no way affectany other
provisions,which shallremain in fullforce and effect.The provisions of thisTract
Declaration shallbe construed and interpretedwith reference to the laws of the Stateof
Arizona. Where the context hereof so requires,any personal pronouns used in thisTract
Declaration, whether used in the masculine, feminine or neuter gender, shallinclude all
genders, and the singular shallinclude the pluraland vice versa. Titlesof Articlesand
Sections are for convenience only and shallnot affectthe interpretationhereof. All
Exhibits attached hereto are incorporated herein by reference.
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page3 of11
11. Perpetuities. Ifany of the covenants, conditions,restrictionsor other
provisions of thisTract Declaration would otherwise be unlawful, void or voidable for
violationof the rule againstperpetuities,then such provisions shallcontinue only until
twenty-one (21) years afterthe death of the lastsurvivor of the now livingdescendants of
the President of the United States in officeon the date thisTract Declaration isRecorded.
12. Declarant's Disclaimer of Representations. While Declarant has no
reason to believe thatany provision in thisTract Declaration isor may be invalidor
unenforceable for any reason or to any extent,Declarant makes no warranty or
representationas to the present or futurevalidityor enforceabilityof any such provision.
Any owner acquiring a Tract in reliance on one or more of such provisions shallassume
allrisksof the validityand enforceabilitythereof and by accepting ownership of the Tract
agrees to hold Declarant harmless therefrom.
13. Relationship to Laughlin Ranch Declaration. This Tract Declaration
shallbe considered an integralpart of the Project Documents and shallbe construed and
interpretedin a manner consistenttherewith. In the event of any conflictbetween a
provision of the Laughlin Ranch Declaration and a provision of thisTract Declaration,
the provision in the Laughlin Ranch Declaration shallcontrol except in the case where the
provision in thisTract Declaration places greateror more specificrestrictionsupon the
use, occupancy, improvement or development of the Tract or Tracts created therefrom, or
upon the activitiesor conduct of owners, residentsor others upon or about the Tract or
Tracts created therefrom, in which event the provision in thisTract Declaration shall
control.
IN WITNESS WHEREOF, Declarant has executed thisinstrument as of the date
firstset forthabove.
DECLARANT:
LAUGHLIN RANCH, LLC,
an Arizona limited liabilitycompany
By:*
By: G. NEIL E SEY
Its: Designated epresenta ive
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page4 of11
COMMUNITY MASTER PLANNER:
LAUGHLIN RANCH, LLC,
an Arizona limited liabilitycompany
By:
By: G. NEIL E SEY
Its: Designated Representa'tive
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the & day of C' - ,2008, before me, the
undersigned notary public,personally appeared G. NEIL ELSEY, who acknowledged
himself to be the Designated Representative of LAUGHLIN RANCH, LLC, an Arizona
limited liabilitycompany and thathe, being authorized so to do, executed the foregoing
instrument forthe purposes therein contained by signing the name of the company, by
himself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
tary Public
My Commission Expires:
mIUCOPACOUNTYCommissiona224158mycomnassionExpiresNovember6,2011
Amended andRestatedTractDeclarationforTractsB,D, G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page5 of11
OWNER OF TRACT B, LAUGHLIN RANCH -UNIT2, TRACT 5127
SOLID STATE OATMAN LP,
an Arizona limitedpartnership
By: SolidStateCorporationIV,a Delaware corporation,General Partner
By:Robert C. Marshall,Jr.
Vice President
STATE OF 000 \GL )J )SS
County of 41.4 7 )
The foregoinginstrumentwas acknowledged before me this 4 6 day of February,
2009, by Robert C. Marshall,Jr.,Vice Presidentof Solid StateCorporation IV, a Delaware
corporation,on behalfof such corporationactingas the General Partneron behalfof SOLID
STATE OATMAN LP, an Arizona limitedpartnership.
taryPublic
My commission expires:
20ELIZABETHLOGAN
MENNE
/ ,NOTARY PUBLICDeKalbCountyStateofGeorgia
My Comm. ExpiresSept.17,2011
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch- Unit2,Tract5127
(Non-ResidentialParcels)Page6 of11
OWNER OF TRACT D, LAUGHLIN RANCH - UNIT 2, TRACT 5127
AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST
B NT
COMPANY, LLC,
an Arizona limited liablitycompany
Its: Authorized Member/Manager
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the / C/ day of , ,2008, before me, the
under signed notary public,personally appeared 6,,,,e,4 / A ,who
acknowledged himself to be the ,9- of THE STINKWEED
INVESTMENT COMPANY, LLC, an Arizona limited liabilitycompany and thathe,
being authorized so to do, executed the foregoing instrument forthe purposes therein
contained by signing the name of the company, by himself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Notary Public
My Commission Expires: ;z oOFFICIALSEAL
ROBERT OVERALLNOTARYPUBUC-StateofArizona
MARICOPACOUNTY
MyComm.ExpiresDec.20.2010
Amended andRestatedTractDeclarationforTractsB,D,G, H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page7 of11
OWNER OF TRACT D, LAUGHLIN RANCH - UNIT 2, TRACT 5127
AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST
EVELYN HENDRIX
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
SUBSCRIBED AND SWORN to before me this / 1 day of
,2008, by M. LAURIN HENDRIX and EVELYN HENDRIX.
My Commission Expires: 12-20-OO Notary Public
OFFICIALSEAL
ROBERT OVERALLNOTARYPUBUC-StateofAdzona
MARICOPACOUNIY
MyComm.ExpiresDec.20.2010
Amended andRestatedTractDeclarationforTractsB,D, G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page8 of11
OWNER OF TRACT G, LAUGHLIN RANCH - UNIT 2, TRACT 5127
N NT
COMPANY, LLC,
an Arizona limited liabilitycompany
Its: Authorized Member/Manager
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the 11 day of Qw;*, ,2008, before me, the
under signed notary public,personally appeared z.n e.,a.m ! /& y ,who
acknowledged himself to be the me,4 4,7 of THE STINKWEED
INVESTMENT COMPANY, LLC, an Arizona limited liabilitycompany and thathe,
being authorized so to do, executed the foregoing instrument forthe purposes therein
contained by signing the name of the company, by himself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Notary Public
My Commission Expires: 12-20-10
ROBERT OVERALLNOTARYPUBLIC-StateofArizona
MARICOPACOUNTYMyComm.ExpiresDec.20.2010
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page9 of11
OWNER OF TRACT H, LAUGHLIN RANCH - UNIT 2,TRACT 5127
By: IMH SPECIAL ASSET NT 76, LLC,
a Delaware limitedliabilitycompany
By: IMH SECURED LOAN FUND, LLC
a Delaware limitedliabilitycompany
Its: Member
By: INVESTORS MORTGAGE HOLDINGS, INC.
an Arizona corporation
Its: Manager
By:~T&&,.,4 .
dant
(printedname)
STATE OF ARIZONA )
) SS
COUNTY OF MARICOPA )
On this,the day of e(4 ,2008, before me, the
undersigned notary public,personallyappearedL .% ,who
acknowledged himself to be the 4 (at INVESTORS MORTGAGE
HOLDINGS, INC., an Arizona corporationand thathe,being authorized so to do,
executed the foregoing instrument forthe purposes thereincontained by signing the name
ofthe company, by himselfas such officer.
IN WITNESS WHEREOF, Ihereunto setmy hand and officialseal.
Not 9ublic/ 7
My Commission Expires: P " CHRISTIEL.WILMOTN0toryPubilc.StateofAriton0
MaricopoCOUntyMyCommissionExpiresMay l0.2011
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)Page10of11
OWNER OF TRACT I,LAUGHLIN RANCH - UNIT 2, TRACT 5127
By:
By: ATLANTIS IN M NTS, LLC,
aN Dakot'
ite l' bilitycompany
By: *
Its: Authorized Me er/Manager
STATE OF ARIZ NA )
) SS
COUNTY OF MORAVE )
On this,the // day of /770 200 b fore me, the
undersigned notary public,personally appeared J. /2 who
acknowledged himself to be the Authorized Member/Manager of ATLANTIS
INVESTMENTS, LLC a North Dakota limited liabilitycompany and thathe, beingauthorized so to do, executed the foregoing instrument forthe purposes therein contained
by signing the name of the company, by himselfas such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Notary blic
My Commission Expires:
8
"OFFICIAL SEAL"
HazelF.Corbin
NotaryPublic-ArizonaRoamounty
M CommissionExires116 009
Amended andRestatedTractDeclarationforTractsB,D,G,H andI
LaughlinRanch-Unit2,Tract5127
(Non-ResidentialParcels)
Page11of11
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FEPE
M 2009043710
When RecordedReturnto:' * * * *
Kelley,Moss & Holden,PLLC OFFICIAL RECORDSP.O.Box 20189 OF MOHAVE COUNTY
CAROL MEIERBullheadCity,AZ 86439-0189COUNTY RECOADER * i
07/17/2009 02:34 PM Fee: $15.00DOC TYPE: DECLPAID BY:KELLEY & MOSS PLLC
TRACT DECLARATION FOR
NON RESIDENTIAL (WELL SITE LR 1) PROPERTY
AT LAUGHLIN RANCH
This Tract Declaration forthe Non Residential (Well Site)Property at LaughlinRanch ("Tract Declaration") isexecuted by Laughlin Ranch, LLC, an Arizona limited
liabilitycompany, as Declarant and as the owner of the realproperty described on Exhibit
"A" attached hereto and incorporated herein by thisreference,("Well SiteLR I
Property"), and Laughlin Ranch, LLC, an Arizona limited liabilitycompany, as the
Community Master Planner, pursuant to the provisions of the Amended and Restated
Declaration of Covenants, Conditions, Restrictionsand Easements of Laughlin Ranch
Association recorded in Book 5444, page 549.
RECITALS:
A. Declarant isthe owner of the Well SiteLR 1 Property and desiresto subjectthe same to the Amended and Restated Declaration of Covenants, Conditions,
Restrictions and Easements forLaughlin Ranch Association dated February 14, 2005, and
recorded on February 17,2005, in Book 5444, Page 549, OfficialRecords of Mohave
County, Arizona, as may be amended from time to time (the "Laughlin Ranch
Declaration"). Capitalized terms not defmed in thisTract Declaration have the meanings
given them in the Laughlin Ranch Declaration.
B. The Laughlin Ranch Declaration contemplates thatTract Declarations for
property already subject to,or being annexed to,the Laughlin Ranch Declaration may be
executed and Recorded from time to time as development proceeds and thatcertain
exemptions may be granted fornon-residentialparcels as provided in Article 12. The
Laughlin Ranch Declaration requires the Community Master Planner to approve and
execute a Tract Declaration.
C. Declarant desires to record thisTract Declaration with respect to the Well
SiteLR 1 Property.
DECLARATIONS:
Declarant declares as follows:
1. Land Use Classification. The Well SiteLR 1 Property shallhave a land
use classificationof non-residentialuse for a utilitywell site.
2. Exempt from Assessments. The Well SiteLR I Property shallbe exemptfrom assessments.
3. Design Guidelines. The Well SiteLR I Property shallbe subject to the
Design Guidelines for Improvements within Laughlin Ranch, and shallspecificallybe
subject to the Laughlin Ranch Community Wall Systems, allin accordance with the
Laughlin Ranch Declaration. The Design Guidelines vest a significantamount of
discretionin the Association in the design review and approval process for
Improvements.
4. Memberships. There shallbe no Membership assigned to the Well
SiteLR I Property.
5. Enforcement. As provided in the Laughlin Ranch Declaration, the
Association or any Member shallhave the rightto enforce the provisions of thisTract
Declaration as one of the Project Documents.
6. Term. All of the covenants, conditions,restrictionsand other
provisions of thisTract Declaration (as amended from time to time): (a)shallrun with
and bind the Well SiteLR 1 Property and allportions thereof,including but not limitedto
allReal Property created therefrom; (b) shallinure to the benefit of and shallbe
enforceable by the Association or by the owner of any properly subject hereto;and (c)shallremain in fullforce and effectfor a term co-extensive with the term of the LaughlinRanch Declaration, as the same may be extended in accordance with the provisionsthereof.
TractDeclarationandDeclarationofAnnexationforNon-Residential(WellSiteLR 1)PropertyatLaughlinRanch
Page2of6
7. Amendment. This Tract Declaration may be amended only as
provided in the Laughlin Ranch Declaration. In no event shallany amendment be
effectiveunless itisapproved by the Community Master Planner and untilitisRecorded.
8. Severability: Interpretation; Gender. Invalidationof any provisions of
thisTract Declaration by judgment or court order shallin no way affectany other
provisions, which shallremain in fullforce and effect.The provisions of thisTract
Declaration shallbe construed and interpretedwith reference to the laws of the State of
Arizona. Where the context hereof so requires,any personal pronouns used in thisTract
Declaration, whether used in the masculine, feminine or neuter gender, shallinclude all
genders, and the singular shallinclude the pluraland vice versa. Titlesof Articles and
Sections are for convenience only and shallnot affectthe interpretationhereof. All
Exhibits attached hereto are incorporated herein by reference.
9. Perpetuities. Ifany of the covenants, conditions,restrictionsor other
provisions of thisTract Declaration would otherwise be unlawful, void or voidable for
violation of the rule againstperpetuities,then such provisions shallcontinue only until
twenty-one (21) years afterthe death of the lastsurvivor of the now livingdescendants of
the President of the United Statesin office on the date thisTract Declaration isRecorded.
10. Declarant's Disclaimer of Representations. While Declarant has no
reason to believe thatany provision in thisTract Declaration isor may be invalid or
unenforceable for any reason or to any extent,Declarant makes no warranty or
representation as to the present or future validityor enforceabilityof any such provision.
Any owner acquiring the Real Property in relianceon one or more of such provisionsshallassume allrisksof the validityand enforceabilitythereof and by accepting
ownership of the Real Property agrees to hold Declarant harmless therefrom.
11. Relationship to Laughlin Ranch Declaration. This Tract Declaration
shallbe considered an integralpart of the Project Documents and shallbe construed and
interpretedin a manner consistenttherewith. In the event of any conflictbetween a
provision of the Laughlin Ranch Declaration and a provision of thisTract Declaration,
the provision in the Laughlin Ranch Declaration shallcontrol except in the case where the
provision in thisTract Declaration places greater or more specificrestrictionsupon the
use, occupancy, improvement or development of the Tract or Real Property created
therefrom, or upon the activitiesor conduct of owners, residentsor others upon or about
the Tract or Real Property created therefrom, in which event the provision in thisTract
Declaration shallcontrol.
TractDeclarationandDeclarationofAnnexationforNon-Residential(WellSiteLR 1)PropertyatLaughlinRanch
Page3of6
IN WITNESS WHEREOF, Declarant has executed thisinstrument as of the date
firstset forthabove.
DECLARANT AND OWNER:
LAUGHLIN RANCH, LLC,
an Arizona limited liabilitycompany
By: .
By: G. NEIL LSEY
Its: Designated Representative
COMMUNITY MASTER PLANNER:
LAUGHLIN RANCH, LLC,
an Arizona limited liabilitycompany
By. .
By: G. NEI ELSEY
Its: Designated Repre entative
STATE OF ARIZONA )
) SS
COUNTY OF )
On this,the day of TU ,2009, before me, the
undersigned notary pubhc, personally appeated G. NEIL ELSEY, who acknowledgedhimself to be the Designated Representative of LAUGHLIN RANCH, LLC, an Arizona
limited liabilitycompany and thathe, being authorized so to do, executed the foregoinginstrument forthe purposes therein contained by signing the name of the company, byhimself as such officer.
CHRISfIEL.WILMOTF, I hereunto set hand and officialseal.
MoricopoCountyMyCommissionExpiresMay 10.2011
My Commission Expires: J
tary Publ c
TractDeclarationandDeclarationofAnnexationforNon-Residential(WellSiteLR 1)PropertyatLaughlinRanch
Page4of6
LAUGHLIN RANCH WELL SITEFOR
ARIZONA AMERICAN WATER
LEGAL DESCRIPTION
A PORTION OF SECTION 8,TOWNSHIP 20NORTH, RANGE 21 WEST OF THE GILAAND SALT RIVER BASE AND MERIDIAN, MOHAVE GOUNTY. ARIZONA MOREPARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF LAUGHLIN RANCH BOULEVARDAND WILLIAM HARDY DRIVE AS DEPICTED ON THE FINAL PLATFORLAUGHLIN.RANCH UNITI,AS RECORDA IN RECEPTION NO. 2004011361INTHE OFFICIAL RECORDS OF MOHAVE COUNTY, ARIZONA;
THENCE SOUTH 00DEGREES 35 MINUTES 48 SECONDS WEST, ADISTANCE OF42.00FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID LAUGHLIN RANCHBOULEVARD; THENCE ALONG SAID RIGHTOF WAY NORTH 89 DEGREES 42MINUTES 12SECONDS WEST A DISTANCE OF 50640 FEET TO THE TRUS POINTOF BEGINNING;
THENCE DEPARTING SAID RIGHT OF WAY SOUTif 00 DEGREES 35 MINUTES 48SECONDS WEST A DTSTANCE OF 80.00FEET;
I THENCE NORTH 89DEGREES 24 MINUTES 12SECONDS WEST A DISTANCE OF200.00FEET;
THENCE NORTH 00 DEGREES 35 MINUTES 48 SECONDS EAST A DISTANCE OF80.00FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID LAUGHLIN RANCHBOULEVARD;
THENCE ALONG SAID RIGHT OF WAY SOUTH 89DEGREES 24 MINUTES 12SECONDS EAST A DISTANCE OF 200.00FEET TO THE TRUE POINT OFBEGINNING.
SAID PARCEL CONTAINS 16,000SQUARE FEET MOREOR LESS.
LN 131911-22-04DNAPAGE IOF 2
TractDeclarationandDeclarationofAnnexation, ExhibitA Page 1of2 forNon-Residential(WellSiteLR 1)PropertyatLaughlinRanch
WellSiteLR I Page5of6
LAUGHLIN RANCH WELL SITE
FOR
ARIZONA AMERIGAN WATER COMPANY
LAUGHLIN RANCH UNIT 1, TRACT 5090
RECEPTION NO. 2004011361
LAUGHLIN RANCH BOULEVARD P.O.C.
P.O.B. 500'3548"W 1S8974'i2"E N8924't2"W 406.60* 42.00200,00' N8924'12"W 506.60'to
'9 N8974'12"W 'e200.00' 8
DONH.MOEASON,A
LN. 1319
DNA
<?*):1( NOV. 22, 2004
PAGE 2 OF 2SCALE: T" = 100'
0 100 200' 300' o
TractDeclarationandDeclarationofAnnexationExhibitA Page2 of2 forNon-Residential(WellSiteLR 1)PropertyatLaughlinRanchWellSiteLR I Page6of6
Ill5MM'MOMMIIII
FEE# 2011034823
When RecordedReturnto: OFFICIAL RECORDS
Kelley,Moss & Holden,PLLC OF MOHAVE COUNTY -:-a
2031Highway95CAROL MEEER,
'.A
BullheadCity,AZ 86442COUNTY RECORDER . .......
06/30/2011 10:50 AM Fee: $15.
PAGE: 1 of 6
AMENDMENT FOR WITHDRAWAL OF REAL PROPERTY -
PARCEL I,NORTH FORK AT LAUGHLIN RANCH, TRACT 5151
FROM TRACT DECLARATION RECORDED AT FEE NO. 2006006377,
BOOK 6066, PAGE 441, OFFICIAL RECORDS OF MOHAVE COUNTY, ARIZONA
AND TO CONFIRM ANNEXATION INTO LAUGHLIN RANCH
AND THE LAUGHLIN RANCH DECLARATION
This Amendment for Withdrawal of Real Property, Parcel I,North Fork atLaughlin
Ranch, Tract 5151 from the Tract Declaration recorded at Fee No. 2006006377, Book 6066,
page 441, OfficialRecords of Mohave County, Arizona, isexecuted by Stinkweed Investment
Company, an Arizona limited liabilitycompany, as the owner of Parcel I,McCormick
Construction Co, an Arizona corporation,as the owner of Lots 1 through 53, NF-47, LLC, an
Arizona limited liabilitycompany as the owner of Lots 54 through 100, Laughlin Ranch
Owners Association, the not for profitcorporation created to serve as the owners association,
as the owner of Common Area Parcels A, B, C, D, E, F, G, H, J,K, and L, and LR
Renaissance, LLC, an Arizona limited liabilitycompany, the Community Master Planner to
withdraw Parcel I from the Tract Declaration and Declaration of Annexation for the North
Fork Neighborhood atLaughlin Ranch. The Tract Declaration at Section 13 provides for the
withdrawal of realproperty.
NOW, THEREFORE, KNOW ALL THESE MEN BY THESE PRESENTS, pursuant
to Section 13 of the Tract Declaration ,the partieshereto declare and statethatthe land legally
described as Parcel I,North Fork at Laughlin Ranch, Tract 5151 according to the platof
record in the Office of the Mohave County Recorder, recorded February 9, 2007 atFee No.
2007-013008 ishereby withdrawn from the terms, conditions and provisions of the Tract
Declaration, shallremain annexed intoLaughlin Ranch and subject to the Laughlin Ranch
Declaration recorded atBook 5444, page 549, OfficialRecords ofMohave County, Arizona,
as amended from time to time, and shallbe subjected to a Tract Declaration for non-
residentialparcel.
SIGNATURES APPEAR ON SEPARATE PAGES
OWNER OF PARCEL 1:
STINKWEED INVESTMENT COMPANY, LLC,
an Arizona limited liabilitycompany
By: Joe Square
Its: Authorized Member
STATE OF ARIZ*BNA
) SS
COUNTY OF )
On thisthe IT day of Q 0 ,2011, before me the undersigned,
personally appeared Joe Squire, who acknowledged himself to be the Authorized Agent of
Stinkweed Investment Company, LLC, an Arizona limited liabilitycompany and thathe,
being authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing the name of the company, as such officer.
IN WITNESS WHEREOF, I have hereunto setmy hand and officialseal.
My Commission Expires: Not ubl
11FFANYHOOLUNDmar Fra.S*80E MUTMcomesmassemODM M.EXP.8-1741094
Amendment forWithdrawalofRealPropertyParcel1,NorthForkatLaughlinRanch,Tract5151
fromTractDeclarationandtoConfirmAnnexationinto
LaughlinRanchandLaughlinRanchDeclaration
Page2 of6
OWNERS OF LOTS 1-53:
McCORMICK CONSTRUCTION CO.,
an Arizona corporation
By:
By: John L. McCormick, III
Its: Vice President
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On thisthe day of /\f y ,2011, before me the undersigned,
personally appeared John L. McCormick, III,who acknowledged himself to be the Vice
President of McCormick Construction Co., an Arizona corporation and thathe, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by
signing the name of the corporation,as such officer.
IN WITNESS WHEREOF, I have hereunto setmy hand and officialseal.
My Commission Expires: Notary Publi
OFFICIALSEALKELLEYCRENSHAW '
NOTARYPU9LiC-ARIZONAVOHNiE COUNW
Amendment forWithdrawalofRealPropertyParcel1,NorthForkatLaughlinRanch,Tract5151
fromTractDeclarationandtoConfirmAnnexationinto
LaughlinRanchandLaughlinRanchDeclaration
Page3 of6
OWNER OF LOTS 54-100:
NF-47, LLC,
an Arizona limited liabilitycompany
By:
By: John L. McCormick, III
Its: Authorized Member
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On thisthe day of MA ,2011, before me the undersigned,
personally appeared John L. McCormick, III,who acknowledged himself to be the Authorized
Agent of NF-47, LLC, an Arizona limited liabilitycompany and thathe, being authorized so
to do, executed the foregoing instrument for the purposes thereincontained by signing the
name of the company, as such officer.
IN WITNESS WHEREOF, I have hereunto setmy hand and officialseal.
My Commission Expires: Nota Public
OFFICIALSEALKELLEYCRENSHAW
NOTARYPOSLIC-ARIZONAMOHAVE COUNTY
Amendment forWithdrawalofRealPropertyParcel1,NorthForkatLaughlinRanch,Tract5151
fromTractDeclarationandtoConfirmAnnexationinto
LaughlinRanchandLaughlinRanchDeclaration
Page4 of6
OWNER OF COMMON AREA PARCELS A, B, C, D, E, F, G, H, J, K, and L:
LAUGHLIN RANCH OWNERS ASSOCIATION,
an Arizona not for profitcorporation
By:
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the 14th day of June ,2011, before me, the undersigned
notary public,personally appeared Mark R. Clark ,who acknowledged himself to
be the secretary/Treasurezof Laughlin Ranch Owners Association, an Arizona not for
profitcorporation, and thathe, being authorized so to do, executed the foregoing instrument
for the purposes therein contained by signing the name of the corporation,by himself as such
officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Notary Pi blic
My Commission Expires:OFFICIALSEAL
KELLEYCRENSHAWNOTARYPUBLIC-ARIZONA
MOHAVE COUNTYMY COMM.EXP.07130/14
Amendment forWithdrawalofRealPropertyParcelI,NorthForkatLaughlinRanch,Tract5151
fromTractDeclarationandtoConfirmAnnexationinto
LaughlinRanchandLaughlinRanchDeclaration
Page5 of6
COMMUNITY MASTER PLANNER:
LR RENAISSANCE, LLC,
an Arizona limited liabilitycompany
By. .
By: G. NE L ELSE
Its: Designated Representative
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the 2.0 day of 7000 ,2011, before me, the undersigned
notary public,personally appeared G. NEIL ELSEY, who acknowledged himself to be the
Designated Representative of LR RENAISSANCE, LLC, an Arizona limited liability
company and thathe, being authorized so to do, executed the foregoing instrument forthe
purposes therein contained by signing the name of the company, by himself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
My Commission Expires: qi Mi)20sa
Notary Public
Amendment forWithdrawalofRealPropertyParcel1,NorthForkatLaughlinRanch,Tract5151
fromTractDeclarationandtoConfirmAnnexationinto
LaughlinRanchandLaughlinRanchDeclaration
Page6 of6
\0FEE# 2011034824
When RecordedReturnto:OFFICIAL RECORDS
Kelley,Moss & Holden,PLLC OF MOHAVE COUNTY2031Highway95 CAROL MEIER
'
BullheadCity,AZ 86442 COUNTY RECOADER . . ...
96/30/2011 10:50 AM Fee: $19.
PAGE: 1 of 19
AMENDED AND RESTATED (FIRST)
TRACT DECLARATION AND DECLARATION OF ANNEXATION
FOR THE NORTH FORK NEIGHBORHOOD
AT LAUGHLIN RANCH
(RESIDENTIAL)
This Amended and Restated Tract Declaration for The North Fork Neighborhood
at Laughlin Ranch ("Tract Declaration") isexecuted by McCormick Construction Co., an
Arizona corporation,as Tract Declarant and, NF-47, LLC, an Arizona limited liability
company, as Tract Declarant, and LR Renaissance, LLC, an Arizona limited liability
company, as the Community Master Planner, and the Owners of not lessthan sixty-seven
percent (67%) of the Lots, as required by the provisions of the Amended and Restated
Declaration of Covenants, Conditions, Restrictionsand Easements of Laughlin Ranch
Association recorded in Book 5444, page 549 to amend and restatethe Tract Declaration.
RECITALS:
A. Laughlin Ranch, LLC as the Declarant, and as the owner of realproperty
subjected said realproperty to the Amended and Restated Declaration of Covenants,
Conditions, Restrictionsand Easements for Laughlin Ranch Association dated February
14, 2005, recorded on February 17, 2005, in Book 5444, Page 549, OfficialRecords of
Mohave County, Arizona, as may be amended from time to time (the "Laughlin Ranch
Declaration"). Capitalized terms not defined in thisTract Declaration have the meanings
given them in the Laughlin Ranch Declaration.
B. Declarant, as the owner of the realproperty subdivided as North Fork at
Laughlin Ranch, Tract No. 5151, and in itscapacity as Community Master Planner
executed and recorded a Tract Declaration recorded on January 20, 2006, in Book 6066,
page 441, OfficialRecords of Mohave County, Arizona.
C. Successor Tract Declarants McCormick Construction Co., as the owner of
Lots 1-53 inclusive,North Fork atLaughlin Ranch, Tract 5151, and NF-47, LLC as the
owner of Lots 54-100, inclusive,North Fork atLaughlin Ranch, Tract 5151 desireto
amend and restatethe Tract Declaration to read in itsentiretyas setforthherein.
D. Laughlin Ranch Owners Association joins in thisAmended and Restated
Tract Declaration as the owner of the Common Area Parcels A, B, C, D, E, F, G, H, J,K,
and L of North Fork at Laughlin Ranch, Unit 1,Tract 5151,
DECLARATIONS:
The Tract Declaration forNorth Fork isamended in itsentiretyto provide as
follows:
1. Residential Land Use Classification. Lots One (1) through One
Hundred (100), inclusive,North Fork at Laughlin Ranch, Tract 5151 shallhave a land use
classificationof Single Family Residential Use, subjectto the provisions of thisTract
Declaration and the Laughlin Ranch Declaration.
2. Production Home Design Guidelines. Production Home Design
Guidelines have been adopted by the Design Review Board in accordance with the
Laughlin Ranch Declaration. All Improvements on the Single Family Residential Real
Property must comply with the Production Home Design Guidelines. The Production
Home Design Guidelines vest a significantamount of discretionin the Association in the
design review and approval process for Improvements.
3. Residential Unit Size Restrictions. Every Residential Unit shallhave
a fullyenclosed floorarea devoted to livingpurposes, exclusive of porches, terracesand
garages, of not lessthan 1300 square feet,shallbe not exceed (i)twenty-five feet(25')
from finishgrade elevation to the peak of the roof for a one storyUnit or (ii)thirtyfeet
(30')from finishgrade elevation to the peak of the roof for a two storyUnit.
4. Residential Setback Requirements. Every Residential Unit shallbe set
back not lessthan twenty (20) feetfrom the front(street)property line,fifteen(15) feet
from the rear property line,and five (5) feetfrom each side lotlineexcept on corner lots
which shallbe setback ten (10) feetfrom the side streetline. Off setor staggering of
frontsetbacks for contiguous Lots isencouraged and may be required by the Laughlin
Ranch Design Review Board.
5. Residential Landscaping. All Residential Units shallbe landscaped in
accordance with the community standards promulgated pursuant to the Laughlin Ranch
Declaration and articulatedin the Laughlin Ranch Production Home Design Guidelines.
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
TheNorthForkNeighborhoodatLaughlinRanch(Residential)
A & R TractDeclaration(First)-May17,2011 Page2 of10
6. Residential Walls and Fences. Walls and fences shallbe constructed
concurrent with the Residential Unit, or within such time as may be permitted by the
Association. All walls and fences shallbe constructed and maintained by Owner(s) in
accordance with the community standards prescribed in the Laughlin Ranch Production
Home Design Guidelines. Alterations or modifications to the walls and fences that
deviate from the Laughlin Ranch Production Home Design Guidelines are expressly
prohibited.
7. Memberships. For Residential Units the number of Memberships
associated with the Real Property shallbe determined as provided in the Laughlin Ranch
Declaration.
8. Neighborhood Assessment Area. All Common Areas as established
on a Final Plat Map for North Fork at Laughlin Ranch designated as single family
residentialuse property through the Bullhead City Zoning Resolution, including but not
limitedto private streets,landscape parcels,trails,parcels,open spaces and the
improvements thereon such as private entry gates or monuments, gate operators and gate
phone dialersystem erected,constructed,builtand maintained on any portion of said
streets,are hereby designated as a Neighborhood Assessment Area as provided in the
Laughlin Ranch Declaration to be operated, maintained, repaired and replaced by the
Association for the sole and primary benefit of the owners of the Residential Units. All
Common Expenses of the Association pertaining to the operation,maintenance, repair
and replacement of the Neighborhood Assessment Area designated in thisparagraph,
including,but not limitedto,(a)any contributionsto reserves for maintenance,
replacement and repairsand for contingencies, (b) any additionalinsurance premiums
charged to the Association because of the type or nature of the Neighborhood Assessment
Area, and (c)any costs,losses,damages, liabilitiesor expenses, including,without
limitation,attorneys'fees and court costs,suffered or incurred by the Association by
reason of itsownership, operation,maintenance, replacement or repairof the
Neighborhood Assessment Area (tothe extent they exceed the amount of any insurance
proceeds received by the Association or any proceeds recovered by the Association from
other parties,as reasonably determined by the Board), shallbe assessed solelyagainst the
Residential Units. Additional Real Property may be included in thisNeighborhood
Assessment Area and subjected to the Neighborhood Assessment through subsequent
Neighborhood or Tract Declarations. The Neighborhood Assessments shallbe levied
against the Residential Units at a uniform rateper Membership. Ifthe Board determines
during any Assessment Period thatNeighborhood Assessments with respect to the
Neighborhood Assessment Area designated in thisparagraph are or will become
inadequate to meet allCommon Expenses pertaining to the Neighborhood Assessment
Area designated herein for any reason, including,without limitation,nonpayment of
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
The NorthForkNeighborhoodatLaughlinRanch(Residential)A & R TractDeclaration(First)-May17,2011 Page3 of10
Neighborhood Assessments by Members, the Board may increase the Neighborhood
Assessment for thatAssessment Period and the revised Neighborhood Assessment shall
commence on the date designated by the Board. The establishment of thisNeighborhood
Assessment Area in thisTract Declaration shallnot restrictor otherwise impact the use of
those areas by other owners in the Association.
9. Enforcement. As provided in the Laughlin Ranch Declaration, the
Association or any Member shallhave the rightto enforce the provisions of thisTract
Declaration as one of the Project Documents.
10. Term. All of the covenants, conditions,restrictionsand other
provisions of thisTract Declaration (as amended from time to time): (a)shallrun with
and bind allLots, Parcels and other portions of North Fork at Laughlin Ranch, Tract No.
5151, except Parcel I which isexpressly excluded, (b) shallinure to the benefit of and
shallbe enforceable by the Association or by the owner of any properly subjecthereto or;
and (c)shallremain in fullforce and effectfor a term co-extensive with the term of the
Laughlin Ranch Declaration, as the same may be extended in accordance with the
provisions thereof.
11. Amendment. This Tract Declaration may be amended by the Tract
Declarant and the Community Master Planner at any time to annex additionalreal
property intothisTract Declaration or to withdraw Real Property from thisTract
Declaration. In allother instances,thisTract Declaration may be amended only as
provided in the Laughlin Ranch Declaration. In no event shallany amendment be
effectiveunless itisapproved by the Community Master Planner and untilitisRecorded.
12. Annexation. The Tract Declarant, with the consent of the Master Planner,
may annex additionalReal Property intothisTract Declaration by a separate Declaration
of Annexation which setsforththe Real Property to be subjected hereto,the recording
data for the plat for said Real Property and the recording data for thisTract Declaration.
13. Severability; Interpretation; Gender. Invalidationof any provisions of
thisTract Declaration by judgment or court order shallin no way affectany other
provisions,which shallremain in fullforce and effect.The provisions of thisTract
Declaration shallbe construed and interpretedwith reference to the laws of the State of
Arizona. Where the context hereof so requires,any personal pronouns used in thisTract
Declaration, whether used in the masculine, feminine or neuter gender, shallinclude all
genders, and the singular shallinclude the pluraland vice versa. Titlesof Articlesand
Sections are for convenience only and shallnot affectthe interpretationhereof. All
Exhibits attached hereto are incorporated herein by reference.
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
The NorthForkNeighborhoodatLaughlinRanch(Residential)
A & R TractDeclaration(First)-May17,2011 Page4 of10
14. Perpetuities. Ifany of the covenants, conditions,restrictionsor other
provisions of thisTract Declaration would otherwise be unlawful, void or voidable for
violationof the rule againstperpetuities,then such provisions shallcontinue only until
twenty-one (21) years afterthe death of the lastsurvivor of the now livingdescendants of
the President of the United States in officeon the date thisTract Declaration isRecorded.
15. Declarant's Disclaimer of Representations. While Declarant has no
reason to believe thatany provision in thisTract Declaration isor may be invalidor
unenforceable for any reason or to any extent,Declarant makes no warranty or
representationas to the present or futurevalidityor enforceabilityof any such provision.
Any owner acquiring the Real Property in relianceon one or more of such provisions
shallassume allrisksof the validityand enforceabilitythereof and by accepting
ownership of the Real Property agrees to hold Declarant harmless therefrom.
16. Relationship to Laughlin Ranch Declaration. This Tract Declaration
shallbe considered an integralpart of the Project Documents and shallbe construed and
interpretedin a manner consistenttherewith. In the event of any conflictbetween a
provision of the Laughlin Ranch Declaration and a provision of thisTract Declaration,
the provision in the Laughlin Ranch Declaration shallcontrol except in the case where the
provision in thisTract Declaration places greateror more specificrestrictionsupon the
use, occupancy, improvement or development of the Tract or Real Property created
therefrom, or upon the activitiesor conduct of owners, residentsor others upon or about
the Tract or Real Property created therefrom, in which event the provision in thisTract
Declaration shallcontrol.
IN WITNESS WHEREOF, Declarant has executed thisinstrument as of the date
firstsetforthabove.
SIGNATURES APPEAR ON SEPARATE PAGES
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
TheNorthForkNeighborhoodatLaughlinRanch(Residential)A & R TractDeclaration(First)-May17,2011 Page5 of10
TRACT DECLARANT AND OWNER OF
LOTS 1 THROUGH 53:
McCORMICK CONSTRUCTION CO.,
an Arizona corporation
By:
By: John L. McCormick, III
Its: Vice President
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On thisthe day of M[L ,2011, before me the undersigned,
personally appeared John L. McCormick, III,who acknowledged himself to be the Vice
President of McCormick Construction Co., an Arizona corporation and thathe, being
authorized so to do, executed the foregoing instrument for the purposes thereincontained
by signing the name of the corporation,as such officer.
IN WITNESS WHEREOF, I have hereunto setmy hand and officialseal.
My Commission Expires: Nota Public 0
OFFICALSEALKELLEYCRENSHAW
NOTARYPUSLC -ARIZONAMOHAVE COUNTY
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
TheNorthForkNeighborhoodatLaughlinRanch(Residential)
A & R TractDeclaration(First)-May17,2011 Page6 of10
TRACT DECLARANT AND OWNER
OF LOTS 54 THROUGH 100:
NF-47, LLC,
an Arizona limited liabilitycompany
By:
By: John L. McCormick, III
Its: Authorized Member
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On thisthe day ofj
,2011, before me the undersigned,
personally appeared John L. McCormick, III,who acknowledged himself to be the
Authorized Agent of NF-47, LLC, an Arizona limited liabilitycompany and thathe, being
authorized so to do, executed the foregoing instrument for the purposes thereincontained
by signing the name of the company, as such officer.
IN WITNESS WHEREOF, I have hereunto setmy hand and ofilcialseal.
My Commission Expires: Nota Public
OFFICIALSEALKELLEYCRENSHAW
NOTARYPUBLiC-ARIZONAM QHAVECOUNTY
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
TheNorthForkNeighborhoodatLaughlinRanch(Residential)
A & R TractDeclaration(First)-May17,2011 Page7 of10
COMMUNITY MASTER PLANNER:
LR RENAISSANCE, LLC,
an Arizona limited liabilitycompany
By: .
By: G. NEIL ELSEY
Its: Designated Repres ntative
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the 20 day of I ,2011, before me, the
undersigned notary public,personally appeared G. Neil Elsey, who acknowledged himself
to be the Designated Representative of LR Renaissance, LLC, an Arizona limited liability
company and thathe, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing the name of the company, by himself as such
officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
My Commission Expires: 4 fewla sq
Notary Public
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
The NorthForkNeighborhoodatLaughlinRanch(Residential)
A & R TractDeclaration(First)-May17,2011 Page8 of10
ASSOCIATION:
LAUGHLIN RANCH OWNERS ASSOCIATION,
an Arizona not for profitcorporation
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the 14th day of June ,2011, before me, the
undersigned notary public,personally appeared Mark R. clark ,who
acknowledged himself to be the secretary/Treasurer of Laughlin Ranch Owners
Association, an Arizona not for profitcorporation and thathe, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing the name
of the company, by himself as such officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
No a Public
My Commission Expires. o$EwESEALKELLEYCRENSHAW
NOTA.RYPUBLIC-ARIZONA100HAVECOUNTY
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
TheNorthForkNeighborhoodatLaughlinRanch(Residential)A & R TractDeclaration(First)-May17,201I Page9 of10
EXHIBIT "A"
ALL LOTS, PARCELS AND OTHER PORTIONS OF NORTH
FORK AT LAUGHLIN RANCH, TRACT 5151, according to the platof
record in the officeof the County Recorder of Mohave County, Arizona
recorded February 9, 2007 as Fee No. 2007-013008 except PARCEL "I".
Amended andRestatedTractDeclarationandDeclarationofAnnexationfor
TheNorthForkNeighborhoodatLaughlinRanch(Residential)
A & R TractDeclaration(First)-May17,2011 Page10of10
FEE# 2011034825
When RecordedReturnto:R
OUFTKelley,Moss & Holden,PLLC CAROL,M55ER,2031Highway95 COUNTY RECORDER * -
BullheadCity,AZ 8644296/30/2011 10:50 RM Fee: $15.
PAGE: 1 of 6
TRACT DECLARATION
FOR PARCEL I,NORTH FORK AT
LAUGHLIN RANCH, TRACT 5151
( NON RESIDENTIAL PARCEL)
This Tract Declaration for Parcel I,North Fork at Laughlin Ranch, Tract 5151,
("Tract Declaration") isexecuted by Stinkweed Investment Company, LLC, an Arizona
limited liabilitycorporation, as Tract Declarant and as the owner of Parcel I,North Fork
at Laughlin Ranch, Tract 5151, and LR Renaissance, LLC, an Arizona limited liability
company, as the Community Master Planner, pursuant to the provisions of Amended and
Restated Declaration of Covenants, Conditions, Restrictionsand Easements of Laughlin
Ranch Association recorded in Book 5444, page 549, OfficialRecords of Mohave
County, Arizona.
RECITALS:
A. Tract Declarant isthe owner of Parcel I,North Fork at Laughlin Ranch,
Tract 5151, (hereinafterreferenced to as "Parcel I")which issubject to the Amended and
Restated Declaration of Covenants, Conditions, Restrictionsand Easements for Laughlin
Ranch Association dated February 14, 2005, and recorded on February 17, 2005, in Book
5444, Page 549, OfficialRecords of Mohave County, Arizona as may be amended from
time to time (the "Laughlin Ranch Declaration"). Capitalized terms not defined in this
Tract Declaration have the meanings given them in the Laughlin Ranch Declaration.
B. The Laughlin Ranch Declaration contemplates thatTract Declarations for
property already subject to,or being annexed to,the Laughlin Ranch Declaration may be
executed and Recorded from time to time as development proceeds and as land use
classificationsfor such property are established. The Laughlin Ranch Declaration
requires the Community Master Planner to approve and execute a Tract Declaration.
C. Declarant desiresto record thisTract Declaration with respect to Parcel I,
North Fork at Laughlin Ranch, Tract 5151 ("Parcel I").
DECLARATIONS:
Declarant declares as follows:
1. Land Use Classification. Parcel I shallhave a land use classificationof
Neighborhood Commercial as defined in the Laughlin Ranch Commercial Design
Guidelines, subject to the provisions of thisTract Declaration and the Laughlin Ranch
Declaration.
2. Improvements. All Improvements on the Tracts shallcomply with the
Laughlin Ranch Commercial Design Guidelines and the Laughlin Ranch Declaration.
3. Maintenance of Improvements. Itshallbe the responsibilityof each
Owner to maintain allImprovements constructed,erected,placed or installedon a Tract
in accordance with the Laughlin Ranch Declaration and Guidelines. By way of
illustrationand not by way of limitation,the Owner shallbe responsible for maintaining
allexteriorwalkways, parking areas,lighting,and landscaping.
4. Neighborhood and/or Merchant Association. An Owner or Owners of a
Tract or Tracts may, but shallnot be required to,form a Neighborhood or Merchant's
Association as a vehicle to promote the common interestof allOccupants in a Tract or
Tracts,including but not limitedto providing services,implementing programs, and/or
sales/marketing activityfor the benefit of the Occupants. Any such Neighborhood or
Merchant's Association shallbe deemed a part of the Laughlin Ranch Association and be
subject to approval of the Community Master Planner.
5. Memberships and Votes. The number of Memberships associated with
the Tracts shallbe two memberships for each gross acre as provided in the Laughlin
Ranch Declaration. For purposes of determining Memberships, the acreage designation
setforthon the Final Plat for Tract 5151 shallcontrol. Portions of acres shallbe rounded
to the nearest whole acre using standard rulesof rounding. Each Membership shallbe
entitledto one (1) vote. Provided, however, priorto issuance of a permit by Bullhead
City authorizing construction of Improvements on Parcel I,or any portion thereof,or any
division of Parcel I in compliance with Bullhead City Ordinances, Parcel I shallbe
deemed to have one (1) vote.
6. Assessments. The Tracts shallbe subject to the base assessment for
Laughlin Ranch Association.
TractDeclarationforParcelI
NorthForkatLaughlinRanch,Tract5151
(Non-ResidentialParcel)
Page2 of6
7. Enforcement. As provided in the Laughlin Ranch Declaration, the
Association or any Member shallhave the rightto enforce the provisions of thisTract
Declaration as one of the Project Documents.
8. Term. All of the covenants, conditions,restrictionsand other
provisions of thisTract Declaration (as amended from time to time): (a) shallrun with
and bind Parcel I,and allportions thereof,including but not limitedto allTracts created
therefrom; (b) shallinure to the benefit of and shallbe enforceable by the Association or
by the owner of any properly subject hereto or;and (c)shallremain in fullforce and
effectfor a term co-extensive with the term of the Laughlin Ranch Declaration, as the
same may be extended in accordance with the provisions thereof. Tract Declarant
confirms Parcel I isand shallremain annexed intoLaughlin Ranch and subjectto the
Laughlin Ranch Declaration as amended from time to time.
9. Amendment. This Tract Declaration may be amended only as
provided in the Laughlin Ranch Declaration. In no event shallany amendment be
effectiveunless itisapproved by the Community Master Planner and untilitisRecorded.
10. Severability; Interpretation; Gender. Invalidationof any provisions of
thisTract Declaration by judgment or court order shallin no way affectany other
provisions,which shallremain in fullforce and effect.The provisions of thisTract
Declaration shallbe construed and interpretedwith reference to the laws of the State of
Arizona. Where the context hereof so requires,any personal pronouns used in thisTract
Declaration, whether used in the masculine, feminine or neuter gender, shallinclude all
genders, and the singular shallinclude the pluraland vice versa. Titlesof Articlesand
Sections are for convenience only and shallnot affectthe interpretationhereof. All
Exhibits attached hereto are incorporated herein by reference.
I1. Perpetuities. Ifany of the covenants, conditions,restrictionsor other
provisions of thisTract Declaration would otherwise be unlawful, void or voidable for
violationof the rule against perpetuities,then such provisions shallcontinue only until
twenty-one (21) years afterthe death of the lastsurvivor of the now livingdescendants of
the President of the United States in officeon the date thisTract Declaration isRecorded.
12. Tract Declarant's Disclaimer of Representations. While Tract
Declarant has no reason to believe thatany provision in thisTract Declaration isor may
be invalidor unenforceable for any reason or to any extent,Tract Declarant makes no
TractDeclarationforParcelI
NorthForkatLaughlinRanch,Tract5151
(Non-ResidentialParcel)
Page3 of6
warranty or representationas to the present or futurevalidityor enforceabilityof any such
provision.Any owner acquiring a Tract in relianceon one or more of such provisions
shallassume allrisksof the validityand enforceabilitythereof and by accepting
ownership of the Tract agrees to hold Tract Declarant harmless therefrom.
13. Relationship to Laughlin Ranch Declaration. This Tract Declaration
shallbe considered an integralpart of the Project Documents and shallbe construed and
interpretedin a manner consistenttherewith. In the event of any conflictbetween a
provision of the Laughlin Ranch Declaration and a provision of thisTract Declaration,
the provision in the Laughlin Ranch Declaration shallcontrol except in the case where the
provision in thisTract Declaration places greateror more specificrestrictionsupon the
use, occupancy, improvement or development of the Tract or Tracts created therefrom, or
upon the activitiesor conduct of owners, residentsor others upon or about the Tract or
Tracts created therefrom, in which event the provision in thisTract Declaration shall
control.
IN WITNESS WHEREOF, Declarant has executed thisinstrument as of the date
firstsetforthabove.
SIGNATURES APPEAR ON SEPARATE PAGES
TractDeclarationforParcelI
NorthForkatLaughlinRanch,Tract5151
(Non-ResidentialParcel)
Page4 of6
TRACT DECLARANT AND OWNER
STINKWEED INVESTMENT COMPANY, LLC,
an Arizona limited liabilitycompany
By:
By: Joe Squire
Its: Authorized Member
STATE OF-ARf 6NA )
COUNTY OF
) SS
On thisthe day of ,2011, before me the undersigned,
personally appeared Joe Squire, who acknowledged himself to be the Authorized Agent
of Stinkweed Investment Company, LLC, an Arizona limited liabilitycompany and that
he, being authorized so to do, executed the foregoing instrument forthe purposes therein
contained by signing the name of the company, as such officer.
IN WITNESS WHEREOF, I have hereunto setmy hand and officialseal.
My Commission Expires: o Pu ic
erarnere*smeam-seemsCOMM, SMP.8474014
TractDeclarationforParcelINorthForkatLaughlinRanch,Tract5151
(Non-ResidentialParcel)
Page5 of6
COMMUNITY MASTER PLANNER
LR RENAISSANCE, LLC,
an Arizona limited liabilitycompany
y: ,
By: G. N L ELSEY
Its: Designated Rep esentative
STATE OF ARIZONA )
) SS
COUNTY OF MOHAVE )
On this,the 1* day of N ,2011, before me, the
undersigned notary public,personally appeared G. Neil Elsey, who acknowledged himself
to be the Designated Representative of LR Renaissance, LLC, an Arizona limited liability
company and thathe, being authorized so to do, executed the foregoing instrument forthe
purposes therein contained by signing the name of the company, by himself as such
officer.
IN WITNESS WHEREOF, I hereunto setmy hand and officialseal.
Notary Public
My Commission Expires:
b 1Zopy0mCR.SEM.
ammoomyspannapseque.14au
TractDeclarationforParcel1
NorthForkatLaughlinRanch,Tract5151
(Non-ResidentialParcel)
Page6 of6
WenR
ddCRau ti FEE# 2013041464
Attn:LegalDepartment OFFICIAL RECORDS OF MOHAVE COUNTY
P.O. Box 910 CAROL MEIER, COUNTY RECORDER
Scottsdale,AZ 85252 08/05/2013 03:54 PM Fee $18.00PAGE: 1 of 8
TRACT DECLARATION
FOR THE VISTAS NEIGHBORHOOD
AT LAUGHLIN RANCH
(THIRD AMENDED AND RESTATED)
This TractDeclarationforThe VistasatLaughlin Ranch Neighborhood ("Tract
Declaration")isamended and restatedby IMH LR Real Estate,LLC, an Arizona limitedliability
company, ("Declarant")as Declarantand theowner of one hundred seventy six(176)of thetwo
hundred thirtyone (231)Lots describedon Exhibit"A", and Dorn Homes, Inc.("Dorn") as
owner of four (4)of thetwo hundred thirtyone (231)Lots describedon Exhibit"A", and IMH
LR Real Estate,LLC, an Arizona limitedliabilitycompany, as the Community Master Planner,
and Laughlin Ranch Owners Association,("Association"),pursuanttotheprovisionsof
Declarationof Covenants, Conditions,Restrictionsand Easements of Laughlin Ranch
Association(Amended and Restated)recorded inBook 5444, page 549, OfficialRecords of
Mohave County, Arizona,as subsequentlyamended.
RECITALS:
A. Declarantistheowner of one hundred seventysix (176)of thetwo hundred thirty
one (231)Lots describedon Exhibit"A" and Dorn istheowner of four (4)of thetwo
hundred thirtyone (231)Lots describedon Exhibit"A". All of thetwo hundred thirty
one (231)Lots describedon Exhibit"A" ("Exhibit"A" Lots")aresubjectto the
Declarationof Covenants, Conditions,Restrictionsand Easements forLaughlin
Ranch Association,(Amended and Restated)recorded on February 17,2005, inBook
5444, Page 549, OfficialRecords of Mohave County, Arizona,as may be amended
from time totime (the"Laughlin Ranch Declaration").Capitalizedterms not defined
inthisTractDeclarationhave themeanings given them intheLaughlin Ranch
Declaration.
B. The Laughlin Ranch DeclarationcontemplatesthatTractDeclarationsforproperty
alreadysubjectto,or being annexed to,theLaughlin Ranch Declarationmay be
executed and recordedfrom time totime as development proceeds and as land use
classificationsforsuch propertyareestablished.The Laughlin Ranch Declaration
requirestheCommunity Master Plannerto approve and execute a TractDeclaration.
C. Declarantrecorded a TractDeclarationforThe VistasatLaughlin Ranch
Neighborhood on October 6,2004, atBook 5238, Page 417, OfficialRecords of
v1
2013041464 Page: 2 of 8
Mohave County, Arizona,which was amended and restatedFebruary 17,20005, at
Book 5444, page 639, and May 30,2006, atBook 6284, Page 994, OfficialRecords
of Mohave County, Arizona (the"VistasTractDeclaration").
D. The Laughlin Ranch DeclarationprovidesthatTractDeclarationsmay be amended
by owners holding atleastsixty-sevenpercent(67%) of theeligiblevotesinthe
Associationheld by the Owners of allof theLots and TractssubjecttothatTract
Declaration.Declarantand Dorn togetherown more than sixty-sevenpercent(67%)
of theeligiblevotesintheAssociationheld by Owners of allof theLots and Tracts
subjectto theVistasTractDeclaration.
E. Declarant,Dorn and Community Planner desireto amend and restateand recordthis
TractDeclarationwith respectto allof theLots describedinExhibit"A".
F. The AssociationconsentstothisTractDeclarationand ratifiesallpriorversions
thereof.
DECLARATIONS:
Declarantdeclaresas follows:
1. Land Use Classification.The Exhibit"A" Lots shallhave a land use classificationof
SingleFamily ResidentialUse, subjecttotheprovisionsof thisTractDeclarationand the
Laughlin Ranch Declaration.Any and allreferencesinthisTractDeclarationto "Lot" or
"Lots" shallbe deemed to referto any Lot or Lots of theExhibit"A" Lots.
2. Custom Home Design Guidelines and Production Home Design Guidelines. Custom
Home Design Guidelinesand ProductionHome Design Guidelineshave been adopted by
theDesign Review Board inaccordance with theLaughlin Ranch Declaration.All
Improvements on theLots must comply with the Custom Home Design Guidelinesor
ProductionHome Design Guidelinesor such modificationsor variancestherefrom as
may be approved by theLaughlin Ranch Design Review Board with respectto particular
Lots. The Custom Home Design Guidelinesand ProductionHome Design Guidelines
vesta significantamount of discretionintheAssociationinthedesignreview and
approvalprocessforImprovements.
3. ResidentialUnit Size Restrictions.Every ResidentialUnit constructedon an Exhibit
"A" Lot shallhave a fullyenclosedfloorareadevoted tolivingpurposes,exclusiveof
porches,terracesand garages,of not lessthan one thousand fivehundred (1500) square
feet.The Laughlin Ranch Design Review Board shallbe vestedwith the authorityto
determinetheminimum and maximum buildingsizeforeach Exhibit"A" Lot. The
maximum buildingsizemay be designatedduringthereview processor as a partof the
Custom Home Design Guidelinesor ProductionHome Design Guidelinesinthesole
discretionof theLaughlin Ranch Design Review Board.
v1
2013041464 Page: 3 of 8
4. Height Restriction.The Exhibit"A" Lots differinelevation.In ordertopreserve,
protectand promote theuniqueness and views withinLaughlin Ranch, theLaughlin
Ranch Design Review Board shallbe vestedwith the authorityto determinemaximum
heightrestrictionsforeach Exhibit"A" Lot. The maximum heightrestrictionmay be
designed duringthereview processor as a partof the Custom Home Design Guidelines
or ProductionHome Design Guidelinesinthe solediscretionof theLaughlin Ranch
Design Review Board.
5. Setback Requirements. Setbacks aredesigned tobe pedestrianfriendlyand increasethe
naturaldesertfeelingalong thestreet.The frontyard setbackforeach Lot may vary
along an entirestreetto createthefeelingthatLaughlin Ranch isdesigned as partof the
naturallandscaperatherthan ignoringit.Actual setbacksshallbe determined by the
Laughlin Ranch Design Review Board as a partof thereview process.Provided
however, thatevery ResidentialUnit shallbe setback no lessthan twenty (20)feetfrom
thefront(street)propertyline,fifteen(15)feetfrom therearpropertyline,and five(5)
feetfrom each sidelotlienexcept on cornerlotswhich shallbe setback ten (10)feet
from thesidestreetline.
6. Landscaping. All ResidentialUnits shallbe landscaped inaccordance with the
community standardspromulgated pursuantto theLaughlin Ranch Declarationand
articulatedintheLaughlin Ranch Custom Home Design Guidelinesor ProductionHome
Design Guidelines.
7. Walls and Fences. Walls and Fences shallbe constructedconcurrentwith the
ResidentialUnit,or withinsuch time as may be permittedby theAssociation.All walls
and fencesshallbe constructed,and maintained by Owner(s), inaccordance with the
community standardsprescribedintheLaughlin Ranch Custom Home Design Guidelines
or ProductionHome Design Guidelines.Alternationsor modificationsto thewallsand
fencesthatdeviatefrom theLaughlin Ranch Custom Home Design Guidelinesor
ProductionHome Design Guidelinesareexpresslyprohibited.
8. Memberships. The number of Memberships associatedwith theLots shallbe
determined as provided intheLaughlin Ranch Declaration.
9. Neighborhood Assessment Area. The Laughlin Ranch AssociationCommon Areas as
establishedon theFinalPlan forLaughlin Ranch, Unit 2,Tract5127 recorded atFee No.
2004-09143 and Laughlin Ranch, Unit 3,Tract5134 recorded atFee No. 2005-016596
comprising landscapeparcelsand thosestreetswhich abuttheExhibit"A" Lots and the
improvements thereon,such as privateentrygatesor monuments, gateoperatorsand gate
phone dialersystem,erected,constructed,builtand maintained on any portionof said
streetsarehereby designatedas a Neighborhood Assessment Area as provided inthe
Laughlin Ranch Declarationto be operated,maintained,repairedand replacedby the
Associationforthesoleand primary benefitof theExhibit"A" Lot Owners. All
Common Expenses of theAssociationpertainingtotheoperation,maintenance,repair
and replacement of theNeighborhood Assessment Area designatedinthisparagraph,
including,but not limitedto,(a)any contributionsto reservesformaintenance,
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2013041464 Page: 4 of 8
replacement and repairsand forcontingencies,(b)any additionalinsurancepremiums
charged totheAssociationbecause of thetype or natureof theNeighborhood Assessment
Area, and (c)any costs,losses,damages, liabilityor expenses,including,without
limitation,attorneys'feesand courtcosts,sufferedor incurredby theAssociationbyreason of itsownership, operation,maintenance,replacement or repairof the
Neighborhood Assessment Area (tothe extentthey exceed the amount of any insurance
proceeds receivedby theAssociationor any proceeds recoveredby theAssociationfrom
otherparties,as reasonablydetermined by theBoard),shallbe assessedsolelyagainstthe
Exhibit"A" Lots. AdditionalLots may be includedinthisNeighborhood Assessment
Area and subjectedtotheNeighborhood Assessment through subsequent Neighborhoodor TractDeclarations.The Neighborhood Assessment shallbe leviedagainsttheExhibit
"A" Lots ata uniform rateper Membership. IftheBoard determinesduring anyAssessment Period thatNeighborhood Assessments with respectto theNeighborhoodAssessment Area designed inthisparagraph areor willbecome inadequatetomeet all
Common Expenses pertainingtotheNeighborhood Assessment Area designed hereinfor
any reason,including,withoutlimitation,nonpayment of Neighborhood Assessments by
Members, theBoard may increasetheNeighborhood Assessment forthatAssessment
Period and therevisedNeighborhood Assessment shallcommence on thedatedesignated
by theBoard. The establishmentof thisNeighborhood Assessment Area inthisTract
Declarationshallnot restrictor otherwiseimpact theuse of those areasby otherowners
intheAssociation.Exhibit"A" Lots shallmean and refertotheLots describedthereon
and any additionalLots annexed intothisTractDeclarationthrough amendment or
annexation.
10. Enforcement. As provided intheLaughlin Ranch Declaration,theAssociationor anyMember shallhave therightto enforcetheprovisionsof thisTractDeclarationas one of
theProjectDocuments.
11.Term. All of thecovenants,conditions,restrictionsand otherprovisionsof thisTract
Declaration(asamended from time totime):(a)shallrun with and bind theExhibit"A"
Lots and allportionsthereof,includingbut not limitedto allLots createdtherefrom;(b)
shallinuretothebenefitof and shallbe enforceableby theAssociationor by theowner
of any propertysubjectheretoor;and (c)shallremain infullforceand effectfora term
co-extensivewith theterm of theLaughlin Ranch Declaration,as thesame may be
extended inaccordance with theprovisionsthereof.
12.Amendment. This TractDeclarationmay be amended atany time by theDeclarantand
theCommunity Planner to annex additionalLots intothisTractDeclaration.In allother
instances,thisTractDeclarationmay be amended only as provided intheLaughlin Ranch
Declaration.In no event shallany amendment be effectiveunlessitisapproved by the
Community Master Planner and untilitisRecorded.
13.Annexation. The Declarant,with theconsentof theMaster Planner,may annex
additionalLots intothisTractDeclarationby a separateDeclarationof Annexation which
setsforththeLots tobe subjectedhereto,therecordeddatafortheplatforsaidLots and
therecordingdataforthisTractDeclaration.
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2013041464 Page: 5 of 8
14.Severability:Interpretation:Gender. Invalidationof any provisionsof thisTract
Declarationby judgment or courtordershallinno way affectany otherprovisions,which
shallremain infullforceand effect.The provisionsof thisTractDeclarationshallbe
construedand interpretedwith referencetothe laws of the Stateof Arizona. Where the
contexthereofso requires,any personalpronouns used inthisTractDeclaration,whether
used inthemasculine,feminine or neutergender,shallincludeallgenders,and the
singularshallincludethepluraland viceversa. Titlesof Articlesand Sectionsarefor
convenience only and shallnot affectthe interpretationhereof.All Exhibitsattached
heretoareincorporatedhereinby reference.
15.Perpetuities.Ifany of the covenants,conditions,restrictionsor otherprovisionsof this
TractDeclarationwould otherwisebe unlawful,void or voidableforviolationof therule
againstperpetuities,then such provisionsshallcontinueonly untiltwenty-one (21)years
afterthedeath of thelastsurvivorof thenow livingdescendantsof thePresidentof the
United Statesinofficeon thedatethisTractDeclarationisRecorded.
16.Declarants' Disclaimer of Representations. While Declaranthas no reason tobelieve
thatany provisioninthisTractDeclarationisor may be invalidor unenforceableforany
reason or to any extent,Declarantmakes no warranty or representationas to thepresent
or futurevalidityor enforceabilityof any such provision.Any owner acquiringa Lot in
relianceon one or more of such provisionsshallassume allrisksof thevalidityand
enforceabilitythereofand by acceptingownership of theLot agreesto hold Declarant
harmless therefrom.
17.Relationship to Laughlin Ranch Declaration. This TractDeclarationshallbe
consideredan integralpartof theProjectDocuments and shallbe construedand
interpretedin a manner consistenttherewith.In theeventof any conflictbetween a
provisionof theLaughlin Ranch Declarationand a provisionof thisTractDeclaration,
theprovisionintheLaughlin Ranch Declarationshallcontrolexcept inthe case where
theprovisioninthisTractDeclarationplacesgreateror more specificrestrictionsupon
theuse,occupancy, improvement or development of theTractor Lots createdtherefrom,
or upon the activitiesor conduct of owners, residentsor othersupon or about theTractor
Lots createdtherefrom,inwhich eventtheprovisioninthisTractDeclarationshall
control.
[Signaturescontinuedon next page]
v1
2013041464 Page: 6 of 8
IN WITNESS WHEREOF, undersigned partieshave caused thisTractDeclarationtobe
duly executed.
DECLARANT AND OWNER: ASSOCIATION:
IMH LR REAL ESTATE, LLC, LAUGHLIN RANCH OWNERS
an Arizona limitedliabilitycompany ASSOCIATION,
an Arizona non- rofitcorporation
By: IMH FinancialCorporation
a Delaware corporation
Its: Sole Member By:
Name: Wilham G. Meris
Its: President
By:
Name William G. Meris
Its: President& CEO
OWNER: COMMUNITY MASTER PLANNER:
DORN HOMES, INC., IMH LR REAL ESTATE, LLC,
an Arizona corporation an Arizona limitedliabilitycompany
By: By: IMH FinancialCorporation
a Delaware corporation
Name: a e I Its: Sole Member
Title: re Si
By:
Name: William G. Meris
Its: President& CEO
vl
2013041464 Page: 7 of 8
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
On this day of . 2013, before me the undersigned notary public,
personally appeared William G. Meris, who acknowledged himself to be the President of
Laughlin Ranch Owners Association and to be the President and CEO of IMH Financial
Corporation,acting as sole member of IMH LR REAL ESTATE, LLC, an Arizona limited
liabilitycompany and thathe, being authorizedso to do, executed the foregoing instrumentfor
thepurpose thereincontained,
a islanisasuallIII16 IIO Ihereuntosetmy hand and officialseal.
CHRISTIEL.WILMOTNoteryPublic-ArizonaMaricopaCounty
My Cornet.ExpiresMay 10,2015Notary Public
"HillillIIIIIIIIIIIIllIIIIIIIllNIIIIIIIIIIIHilfilillilfilliffilifilliffilfilifillum
STATE OF ARIZONA ) SHERRY SAVAGE
) ss YAVAPAlCOUNTYCOUNTY OF & 4/& ) laycornmenton
Apru18,2016
On this& day of ,2013, beforeme theundersignednotarypublic,
personally,appeared rtrwAA .who acknowledged himselftobe the
fektol?M of DORN HOMES, INC., an Arizona corporationand thathe,being
authorizedso to do, executed theforegoinginstrumentforthepurpose thereincontained.
IN WITNESS WHEREOF, Ihereunto setmy hand and offi 1seal.
Not y Public
v1
2013041464 Page: 8 of 8
EXHIBIT "A"
Lots 111 through 116, inclusive,LR1 through LR14, inclusive,accordingtotheplatforLaughlin
Ranch, Unit 2,Tract5127, recorded October 6,2004 atFee No. 2004-93143.
Lots 1 through 185,inclusive,and Lots 213 through 238, inclusive,accordingto theplatfor
Laughlin Ranch, Unit 3,Tract5134, recorded February 17,2005 atFee No. 2005-016596.
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