/"

'"'

LEWIS AND

ROCA
-LLPLAWYERS

2
3 4

40 North Central Avenue 19th Floor Phoenix, Arizona 85004-4429 Telephone: (602) 262-5311 George L. Paul, State Bar No. 007476 Direct Dial: (602) 262-5326 Direct Fax: (602) 734-3857 EMai!: GPaul@LRLaw.com Attorneys for Petitioner The Navajo Nation

5 6
7 SUPERIOR COURT OF ARIZONA COUNTY OF COCONINO

8 9
10

THE NAVAJO

NATION, Petitioner,

~
)
)

.: t/
I
I

2C)/O-

oU

997

No.

VS.

11 12 13 14 15

THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF COCONINO; and DON YELLOWMAN, Real Party in Interest, Respondents For its Complaint/Petition Emergency Application

) ) ) ) )
) ) ) )

COMPLAINT; PETITION FOR SPECIAL ACTION TO REMOVE WRONGFUL LIS PENDENS: EMERGENCY APPLICATION FOR ORDER TO SHOW CAUSE

for Special Action to Remove Wrongful Lis Pendens/ the Navajo Nation hereby

16
17 18 19 20 21

for Order to Show Cause, Petitioner

alleges as follows:

Jurisdiction
1. This Court has jurisdiction

and Venue

under A.R.S. 12-122, 12-123, 12-1191,33filing of lis pendens, and Rule 4,

420, which governs special actions for the wrongful Arizona Rules of Procedure 2. for Special Actions.

22
23 24

Venue is appropriate

in Coconino County because under A.R.S. 12filed lis pendens affecting, and to quiet

401 (12), this action seeks to remove a wrongfully title to, property located in Coconino

County, Arizona.

25

26
27

28
2277578.2

;.

LEWIS AND

ROCA
-LLPLAWYERS

1 2 3 3. 4. Petitioner

Parties is the Navajo Nation.

The Superior Court of Arizona, Coconino Country, is named as a respondent filed lis pendens

4 II because A.R.S. 33-420 provides that an action to remove a wrongfully 5 II may proceed by "special action," naming as a respondent 6 II take some action as alleged in the Complaint. 7

the Superior Court that must

5.

Don Yellowman, who has wrongfully

Respondent

and real party in interest ("Yellowman"),

is an

8 II individual

filed a Notice of Lis Pendens affecting land owned by the He is a resident of over him.

9 II Navajo Nation, which land is located in Coconino County, Arizona. 10 II Arizona and there is both general and specific personal jurisdiction 11

6.

Yellowman

purports to represent the "Forgotten association

People," which upon within the Navajo

12 II information 13 14

and belief is an unincorporated

of individuals

Nation that advocates Upon information

for the interests of individual Navajos and The Navajo Nation. serves as President of the Forgotten People,

and belief, Y ellowman

15 II which also purports to advocate for beneficiaries 16 II Trust Fund." 17 7.

of the "Navajo Nation Rehabilitati~m

The Navajo Nation appears here for the sole purpose of removing the Notice filed by Yellowman, and does not waive its sovereign

18 II of Lis Pendens that was wrongfully 19 II immunity 20 II 21 22 23 24 25 9. 8. informally

from suit in Arizona state courts. The Twin Arrows Parcel County, Arizona, known legal description:

The Navajo Nation owns land in Coconino

as the "Twin Arrows Parcel," with the following

A parcel ofland in Sections 31 and 29, Township 21 North Range 11 East, Gila and Salt River Meridian Coconino County, Arizona Attached as Exhibit 1 is the deed by which the Navajo Nation acquired

26 II ownership 27 10.

in fee simple of the Twin Arrows Parcel. The Twin Arrows Parcel is involved in economic development activity (the "financing
2277578.2

28 II currently undertaken

by the Navajo Nation, in the amount of $100,000,000

"

LEWIS AND
ROCA
-LLPLAWYERS

transaction").

However,

because of the wrongfully is being hindered.

filed Notice of Lis Pendens, discussed The financing transaction cannot go

2 3
4

below, the financing transaction

forward without the quashing of the wrongfully financing transaction to close as scheduled,

filed Lis Pendens, and the failure of the will cause great of Mark

or very shortly thereafter,

5
6 7

damage and irreparable

harm to the Navajo Nation.

See Exhibit 2, Declaration

Grant; Exhibit 5, Declaration Bitsuie.

of Robert Winter; and Exhibit 6, Declaration

of Roman

8
9 10 11 11.

The Wrongfully Filed Lis Pendens

Attached as Exhibit 3 is a Notice of Lis Pendens filed by Yellowman that

affects the Twin Arrows Parcel (the "Lis Pendens"). 12. Pursuant to A.R.S. 12-1191, a lis pendens may only be filed by a party title to real property." in the Lis Pendens is Cause No. WR-CV-258-

12 II who is involved in a lawsuit that "affect[s] 13 13. The only lawsuit referenced

14 II 10, a suit pending in the District Court of the Navajo Nation at Window Rock (the "Civil 15 II Accounting 16 II 14. Complaint"). The Civil Accounting Complaint is attached as Exhibit 4. in the Civil

The Twin Arrows Parcel is not mentioned Complaint. The Civil Accounting Complaint

or referenced

17 II Accounting 18 II 15.

does not purport or seek to affect the title

19 II to any real property,

including the Twin Arrows Parcel.

It seeks only an accounting of

20 II certain public officials of the Navajo Nation, namely the Navajo Hopi Land Commission 21 II Office and its Rehabilitation 22 II legal or equitable, 23 24 25 26 II 16. Trust Fund. The Rehabilitation See Declaration filed. Trust Fund has no interest, of Roman Bitsuie.

in the Twin Arrows Parcel.

Accordingly,

the Lis Pendens is wrongfully

COUNT 1 (IMMEDIATE REMOVAL OF WRONGFULLY FILED LIS PENDENS)

17. The allegations of paragraphs 1though 16 are incorporated by reference as if

27 II set forth fully herein. 28

2277578.2

LEWIS AND

ROCA
-LLPLAWYERS

18.

The Lis Pendens affecting the Twin Arrows Parcel has negatively

affected

2 II the ability of the Navajo Nation to close the financing transaction. 3 19. The Lis Pendens affecting the Twin Arrows Parcel was wrongfully the Civil Accounting Complaint, filed, in

4 II that the only suit it references,

does not purport to and

5 II will not affect, expand, restrict, or otherwise 6 II Arrows Parcel.

adjudicate the status of title of the Twin

20.

Pursuant to A.R.S. 33-420(B),

the owner of real property affected by the

8 II filing of a wrongful lis pendens may bring an action in the superior court in the county in
9 II which the real property is located for such relief as is required to "immediately 10 II to the real property. 11 II actions. Such action proceeds according to the rules of procedure clear" title for special

The special action may be brought based on the grounds that the lis pendens is includes a false claim, or is otherwise The Lis Pendens is groundless, invalid.

12 II groundless, 13 II 14 II invalid. 21.

includes a false claim and is otherwise by

Pursuant to A.R.S. 33-420(D),

because the lis pendens is not authorized it is presumed to be groundless

15 II statute, judgment

or other specific authority,

and invalid. clear the title

16
17 18 19 20

22.

The Navajo Nation is entitled to have this Court immediately

of the Twin Arrows Parcel, in this case a removal and quashing of the Lis Pendens.

COUNT 2 (DAMAGES FOR FILING OF WRONGFULLY

23. The allegations of paragraphs

FILED LIS PENDENS)

by reference as if

1 though 22 are incorporated

21 II set forth fully herein. 22 24. Pursuant to A.R.S. 33-420(C), a person named in a document that purports

23 II to create an interest in, or a lien or encumbrance 24 II the document 25 II attorneys' is groundless or is otherwise

against, real property and who knows that

invalid, is liable for treble actual damages and

fees. The filing of the Lis Pendens has and will damage the Navajo Nation. The

26

25.

27 II extent and amount of those damages are as yet unknown.

28
4
2277578.2

LEWIS AND

ROCA
-LLPLAWYERS

1 2 3
4

26.

Yellowman knows that the Lis Pendens is groundless and invalid, and is

therefore liable to the Navajo Nation for treble damages and its attorneys' fees. COUNT 3 (EMERGENCY APPLICATION FOR ORDER TO SHOW CAUSE) 27. The allegations of paragraphs 1 though 26 are incorporated by reference as if

6 II set forth fully herein. 7 28. A.R.S. 33-420(B) provides that a party may file a special action to obtain

8 II "immediate" relief from a wrongfully filed lis pendens. 9

29.

Pursuant to Rule 4(c), Arizona Rules of Procedure for Special Actions, a

10 II special action like this action may be accompanied by an application for an order to show 11 II cause why the requested relief should not be granted. The rules state that in such a 12 II situation, the court shall order a "speedy return date." 13 30. Accompanying this Complaint is an Emergency Application For Order to

14 II Show Cause. 15 31. The Court should grant the Emergency Application for an Order to Show

16 II Cause hearing, and set a speedy return date for the hearing. 17 II WHEREFORE, Petitioner the Navajo Nation respectfully requests this Court enter

18 II relief in its favor and against Respondent Yellowman as follows: 19 A. For an immediate order, decree and judgment that the Lis Pendens was

20 II wrongfully filed; 21 22 B.
C.

For an immediate order, decree and judgment quashing the Lis Pendens; For an immediate order, decree and judgment that a Notice be recorded in

23 II the Coconino County Recorders Office that the Lis Pendens is null and void and is 24 II expunged from the record; 25 26 27 D. E. For treble damages and the Navajo Nation's attorneys' fees and costs; and For such other and further relief as the Court deems just and appropriate.

28
5
2277578.2

LEWIS AND

ROCA
-LLPLAWYERS

DATED this 15th day of November,

2010.

2
3 4 5

LEWIS AND ROCA LLP

By

./P;1 L

g~:d

George L. Paul Attorneys for Petitioner

6
7 8

9
10 11 12 13 14 15

16
17 18
19

20 21

22
23 24 25

26
27

28
6
2277578.2

\'StSS9f1

l..l18IHX3

Official Records of Coconino Counly

Candace Owens - Recorder 08/25/2010 09:56 AM PIONEER TITLE AGENCY 0 $21.00 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111

3571763
Pgs: 12

WHEN RECORDED PLEASE MAIL TO: Lewis and Roca LLP Attn: Kerry K. Patterson 40 North Central Avenue Phoenix, AZ 85004-4429

File # 858076 WEE EXEMPT UNDER ARS 111134 A7

SPECIAL WARRANTY DEED CONVEYING FEE LAND TO THE NAVAJO NATION OF INDIANS

SPECIAL WARRANTY DEED COl\'VEYING FEE LAND TO THE NAVAJO NATION OF INDIANS THIS WDENTURE is entered into this ~ay of August, 2010, by and between the Navajo Nation of lndians (the "Navajo Nation") and the Navajo Nation Gaming Enterprise, a wholly owned enterprise of the Navajo Nation. WITNESSETH: WHEREAS, the Navajo Nation Gaming Enterprise has agreed to convey 405.61 acres of fee land known as the Twin Arrows Parcel (defined below) to the Navajo Nation for the uses described herein; WHEREAS, pursuant to Navajo-Hopi Land Commission of the Navajo Nation Council Resolution No. NHLCMA-02-10, March 10,2010, the Navajo-Hopi Land Commission selected the Twin Arrows Parcel for purchase acquisition and conveyance to Navajo Nation and thereafter conveyance to the United States of America in trust for the benefit of the Navajo Nation. WHEREAS, the Twin Arrows Parcel shall be used solely for the benefit of Navajo families residing on Hopi-Partitioned Lands awaiting relocation in accordance with 25 U.S.c. 640-10Ch); WHEREAS, pursuant to the Navajo and Hopi Indian Relocation Amendments Act of 1980, also known as Section 4 of Public Law 96-305, approved July 8, 1980, 94 Stat. 930, (codified at 25 U.S.c. 640d-IO (a) (2)), the President of the Navajo Nation is authorized to accept title on behalf of the Navajo Nation; NOW, THEREFORE, the Navajo Nation Gaming Enterprise has granted and conveyed, and by these presents does grant and convey unto the real property described in the Legal Land Description attached hereto and incorporated herein by this reference as Exhibit "A'{the "Twin Arrows Parcel") to the Navajo Nation and thereafter conveyance to the United States of America in trust for the benefit of the Navajo Tribe; TO HAVE AND TO HOLD all and singular the said lands and premises, together with the rights and appurtenances, thereunto in anywise belonging, unto the Navajo Nation, subject to prior conveyances and reservations of the minerals in, on, and under the described lands as shown of record, patent reservation, easements, and rights-of-way of record, and other stated encumbrances, including those dedicated to the unincorporated village and county of zoning or dedication of subdivision plats and restriction thereof. The Navajo Nation Gaming Enterprise does hereby covenant and agree to and with the Navajo Nation to warrant and defend the title to the above-described real property during the period of ownership by the Navajo Nation against all persons lawfully claiming or attempting to claim the same or any part thereof.

12

IN WITNESS WHEREOF: the Navajo Nation Gaming Enterprise Chief Executive Office and the President of the Navajo Nation has each set his hand and seal this _ day of August, 2010. NA VAJO NATION GAMING ENTERPRlSE, a wholly owned enterprise of the Navajo Nation

By: , Name: Robert Winter Title: Chief xecutive Officer Date: Accepted:

Joe Shirley, .lr., President

Navajo Nation

Date

CERTIFICATION

STATE OF ---COUNTY OF

)
) SS.

On this day of August 2010, Joe Shirley, Jr. appeared before me and acknowledged himself to be the President of the Navajo Nation, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name as its authorized agent of the Navajo Nation. In witness whereof!
hereto set my hand and official seal.

Notary Public

My Commission Expires:

STATE OF

rJl?lJJ

tr\f>'/J w
) SS.

COUNTY OF
On himself to authorized signing his

rrrbnl.a.y; )

this JJ!!-day of August, 2010, Robert Winter appeared before me and acknowledged be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, being so to do, executed the foregoing instrument for the pw-poses therein contained by name as its authorized agent of the Navajo Nation Gaming Enterprise.

In witness whereof I hereto set my hand and OffiCi~

NOtaryP~ My Commission EXPires:-~

,t

c2f) / c:J-

8
'. .
.

OFFICIAL

SEAL

CHRISTINE LOHNES
,

NOTARY PUBLIC STATE OF NEW ~EXICO

My~~cJ-/~J;)

IN WITNESS WHEREOF, the Navajo Nation Gaming Enterprise Chief Executive Office and the President of the Navajo Nation has each set his hand and seal this _ day of August, 2010.
NA VAJO NATION GAMING ENTERPRISE, wholly owned enterprise of the Navajo Nation a

By: Name: Robert Winter Title: Chief Executive Date:

_ Officer

-------------------

Accepted:

o
Date

.:

CERTIFICATION

STATE OF

AV(~?Vl~)

) ss.

COUNTY OF fryACk&)
On this

'jL(.fl.-- day

of

August

2010,

Joe

Shirley,

Jr.

appeared

before

me

and

acknowledged himself to be the President of the Navajo Nation, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name as its authorized agent of the Navajo Nation. In witness whereof [ hereto set my hand and official
~

seal.
C~/G~L-

tc~A-o
l~."'" '~
CORET A KEETO
'.OT ARY PUBLIC ARIZONA APACHE COUNTY My Commission Expires

Notary Public My Commission Expires:

~I~I "t[){ 2-

J"r:<'.

08. 21112

STATE OF --~COUNTY On himself to authorized signing his OF _

) ) ss. )

this _ day of August, 2010, Robert Winter appeared before me and acknowledged be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, being so to do, executed the foregoing instrument for the purposes therein contained by name as its authorized agent of the Navajo Nation Gaming Enterprise.

In witness whereof I hereto set my hand and official seal.

Notary Public My Commission Expires:

NOUdT<fJS3GQNVilVD31
V

lJ8:IHX3

PARCELBOUNDARYDESC~TION

A portion of the north half of Section 31, and the south half of Section 29, Township 21 North, Range II East, Gila and Salt River Meridian, Coconino County, Arizona, described as follows: BEGINNING at a set aluminum cap marked "RLS 18215" at the corner common to Sections 29, 30, 31 and 32, Township 21 North, Range 11 East, Gila and Salt River Meridian, Coconino County, Arizona; Thence North 0025'51" West, 460.17 feet along the west line of said Section 29 to a found 112"diameter rebar with plastic cap marked "RLS 18215"; Thence continuing North 0025'51" West, 880.64 feet along said west line of Section 29 to a found 112" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing North 0025'51" West, 1297.66 feet along said west line of Section 29 to a found U.S. Government Land Office brass cap at the west quarter corner of said Section 29; Tben.ce North 8934'49" East, 90.00 feet along the latitudinal mid-section line of said Section 29 to a set 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence South 0025'51" East, 935.28 feet along a line parallel with and 90.00 feet east of said west line of Section 29 to a set 112" diameter rebar with plastic cap marked "RLS 18215"; Thence North 4411' IS" East, 99.65 feet to a set 1/2" diameter drill hole with brass tag marked "RLS 18215"; Thence North 8848 '21" East, 292.56 feet to a set 1/2" diameter rebar with plastic cap marked "RLS 18215" and a point of curvature; Thence: northeasterly and southeasterly, 142.20 feet along the arc of a 1,500.00 foot radius curve, concave to the southwest, having a central angle of 0525'53", to a set 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence South 8545'46" East., 282.63 feet to a set 1/2" diameter rebar with plastic cap marked "RLS 18215" and a point of curvature; Thence southeasterly and northeasterly, 313,58 feet along the arc of a 310.00 foot radius curve, concave to the northwest, having a central angle of 5757' 3D", to a set 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence North 3616'45" East, 332.86 feet to a set, 1/2" diameter rebar with plastic cap marked "RLS 18215" and a point of curvature; Thence northeasterly and northwesterly, 128.10 feet along the arc of a 120.00 foot radius curve, concave to the northwest, having a central angle of 3641 '55", to a set 1/2" diameter rebar with plastic cap marked "RLS 18215'"'; Thence North 0025' 11))West, 378.02 feet to a point on said latitudinal mid-section line of Section 29 and the south line of ANTELOPE HILLS as recorded in Instrument No. 3438078, RCC, from which a \0" diameter rebar with cap marked "WITNESS CORNER" lies North 0025' 11" West, 75.00 feet; Thence North 8934'49" East, 920.62 feet along said latitudinal mid-section line of said Section 29 and said south line of said ANfELOPE HILLS to a found 112" diameter rebar with plastic cap marked "RLS 18215" at the southeast corner of said ANTELOPE HILLS and the southwest corner of that parcel described in Docket 1810, Page 456, RCC; Thence continuing North 8934'49" East, 110.50 feet along said latitudinal mid-section line of said Section 29 and the south line of said parcel described in Docket 1810, Page 456, RCC to a found 112" diameter rebar with plastic cap marked "RLS 18215" at the southeast comer of said parcel; Thence continuing North 8934'49" East, 224.2p feet along said latitudinal mid-section line of said Section 29 and the south line of said parcel to a found 1/2" diameter rebar with plastic cap marked "RLS 18548" at the center quarter comer of said Section 29; Thence North 8934'22" East, 985.24 feet along said latitudinal mid-section line of said Section 29, the south line of said parcel, and the south line of that parcel described in Docket 1566, Page 60, RCe, to a found U.S; Government Land Office brass cap on the west line of the Navajo Indian Reservation per Executive Order November 14, 1901; Thence South 0021 '46" East, 1299.10 feet along said west line to a found 112" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 0021 '46" East, 1342.25 feet along said west line to a found U.S. Government Land Office brass cap marked "MI NIR?' at the intersection of said west line and the line common to said Sections 29 and 32; Thence South 8937'12" West, 985.03 feet along the south line of said Section 29 to a found 1/2" diameter rebar with tag marked "RLS 18215" at the south quarter corner of said Section 29; Thence South 8936'50" West, 184.95 feet along said south line of said Section 29 to a found 112" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 8936'50" West, 1135.59 feet along said south line of said Section 29 to a found 112" diameter rebar with cap marked "RLS 18548"; Thence continuing South 8938'10" West, 34.93 feet along said south line of said Section 29 to a found 1/2" diameter rebar with cap marked "RLS 18215"; Thence continuing South 8938' 10" West, 967.64 feet along said south line of said Section 29 to a found 1/2" diameter rebar with cap marked "RLS 18215"; Thence continuing South 8938' 10" West, 318.08 feet along said south line of said Section 29 to said set aluminum cap marked ''RLS 18215" at said comer common to Sections 29, 30, 31 and 32, Township 21 North, Range 11 East, Gila and Salt River Meridian, Coconino County, Arizona; Thence South 0014'09" East, 1442.34 feet along the east line of said Section 31 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 0014'09" East, 1196.29 feet along said east line of Section 31 to a found U.S. Government Land Office brass cap at the cast quarter corner of said Section 31; Thence South 8938'03" West, 1455.50 feet along the meridional mid-section line of said Section 31 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 8938'03" West, 1184.20 feet along said meridional midsection line of said Section 31 to a found aluminum cap marked "LS 18548" at the center quarter corner of said Section 3 1; Thence South 8937' 41" West, 532.09 feet along said meridional mid-section line of said Section 31 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 8937'41" West, 128.83 feet along said meridional mid-section line of said Section 31 to a found 112" diameter rebar with broken aluminum cap; Thence South 8941 '33" West, 660.12 feet along said meridional mid-section line of said Section 31 to a found 1/2" diameter rebar with broken aluminum cap; Thence South 8936'36" West, 661.07 feet along said meridional mid-section line of said Section 31 to a found 112" diameter rebar with plastic cap marked ''RLS 18215"; Thence North 0022'23" West, 659.83 feet to a set 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence North OO~l '46" West, 659.54 feet to a found 112" diameter rebar with plastic cap marked uRLS 18215";

Thence North OO~3'06" West, 329.94 feet to a found 112" diameter rebar with plastic cap marked "RLS 18215"; Thence North OO~3'06" West, 989.81 feet to a found drill hole in rock with a brass rug marked "RLS 18215" on the north line of said Section 31 ; Thence North 89 38'52" East, 1321.10 feet along said north line of Section 31 to a found 112" diameter rebar with plastic cap marked "RLS' 18215";
D

Thence South 0023 '36" East, 1154.89 feet to a found 112" diameter rebar with plastic cap with obliterated markings; Thence South 8940'52" West, 132.11 feet to a found I/?" diameter rebar with aluminum cap marked "LS 28717"; Thence South 8939'38" marked "LS 14184; Thence South 0023 '27" marked "RLS 18215"; West, 528.45 feet to a found 112" diameter rebar with cap

East, 293.62 feet

to

a found

112" diameter rebar with plastic

cap

Thence continuing South OO~3 '27' East, 530.82 feet to a set 112" diameter rebar with plastic cap marked "RLS 18215";
Thence North 89 39'30"
D

East, 528.41 feet to a set 112" diameter rebar with plastic cap

marked "RLS 18215"; Thence North 0023'54" cap marked "LS 28711";
D

West, 549.91 feet to a found 112" diameter rebar with aluminum

Thence North 89 38'16" East, 792.64 feet to a found 112" diameter rebar with aluminum cap marked "LS 28717"; Thence South OOD24 '27" East, 550.19 feet to a set 112" diameter rebar with plastic cap marked "RLS 18215"; Thence North 89 37'33" marked "RLS 18215";
D

East, 660.15 feet to a set 112" diameter rebar with plastic cap

Thence North OO~1 '31" West, 1319.49 feet to a found 112" diameter rebar with plastic cap marked "RLS 18215"; Thence North 8937' 18" East, 495.88 feet to a found 112" diameter rebar with tag marked "RLS 18215";

Thence North 0019'21" West, 659.45 feet to a found 112" diameter rebar with plastic cap marked ''RLS 18215" on said north .line of Section 3 1; Thence North 8939'00" East, 827.35 feet along said north line of Section 31 to a found 1/2" diameter rebar with plastic cap marked <CRLS 18215"; Thence North 8937'28" East, 661.65 feet along said north line of Section 31 to the POINT OF BEGlNNING.

CONTArwNG

17,668,330 square feet (405.61 acres), more or less.

Prepared by: James A. Folkers, RLS The WLB Group, Inc. 523 N. Beaver Street Flagstaff, A2 86001 Job No. 309021AOOl

EXPIRES 12-31-2011

Z lI8IHX3

NOV-15-2010 09:53 From:DEPTOFJUSTICE

19288716200

To:LewiS and Roca LLP

P.2/4

DECLARATION

OF MARK GRANT

I, MARK GRANT, declare as follows, upon oath and under penalty ofperjury: 1. I am the Controller for the Navajo Nation (the "Nation") Committee and, pursuant to 12

N.N.C. 203, serve as the Chairman of the Investment "Investment Nation, Committee"),

of the Navajo Nation (the program of the

and in such capacity help manage the investment of the Navajo Nation Master Trust Fund.

including

the investment

make this

Declaration

under oath and upon my own personal knowledge.

I am competent to testify to the

matters herein. Background 2. Enterprise The Nation is a federally recognized ("NNGE") Indian Tribe. The Navajo Nation Gaming in

is a legal entity wholly owned by the Nation, which has operations

Arizona and New Mexico for the benefit of the Nation. Pursuant to 12 N.N.C. 2201 et seq., the revenues received by the Nation from NNGE are to be used by the Nation to fund essential government programs. These revenues are expected

t? become

an important source of funding to

the Nation in providing essential governmental 3. Investment Budget The Nation's investments

services and meeting its financial obligations. pursuant to the Navajo Nation Master and as approved by the

are managed

Policies, as recommended Committee

by the Investment Nation

Committee Council

and Finance

of the Navajo

(the "Budget

and Finance

Committee").
4.

The Nation and NNGE have extensive

economic

development

plans involving Arrows and

approximately Property")

405.61 acres of land located in Coconino and NNGE have undertaken

County, Arizona (the 'Twin several contractual

and the Nation

obligations

incurred significant costs related to the development 5. Property.

of the Twin Arrows Property. in the Twin Arrows authorized and

In addition, the Nation has committed to invest $100,000,000 By Resolution on July 12, 2010, the Investment

Committee

recommended

to the Budget and Finance Committee

the investment

of $100,000,000

from the

NDV-15-2010 09:53 From:DEPTDFJUSTICE

19288716200

To:Lewis and Roca LLP

P.3/4

Master Trust Fund to finance the development

and construction

on the Twin Arrows Property. approved the investment in

By Resolution on July 26, 2010, the Budget and Finance Committee the Twin Arrows Property. 6.

For the Nation to invest in the Twin Arrows Property and have the opportunity to the Twin Arrows Property must be

realize the potential returns associated with such investment,

free and clear of any liens or encumbrances on the title to the Twin Arrows Property. 7. A Notice of Lis Pendens was recorded in the Coconino County Recorders' Office,

on October 22,2010,

by Don Ycllowrnan in his capacity as president of The Forgotten People.

The Notice purports to be based on a lawsuit pending in the District Court of the Navajo Nation (the "Civil Accounting Complaint"). 8. The Civil Accounting Complaint does not reference the Twin Arrows Property or or The Forgotten People have a claim to

include any allegations that suggest that Mr. Yellowman

the title to the Twin Arrows Property. Rather it seeks an accounting of certain monies held by the Nation in the Rehabilitation
9.

Trust Fund (the ''Fund''). involves the Fund and the Fund has no Complaint does not affect

Because the Civil Accounting Compliant

ownership in or to the Twin Arrows Property, the Civil Accounting

title to the Twin Arrows Property. Title to the Twin Arrows Property is properly held by the Nation. 10. Despite the lack of any relationship between the Civil Accounting Complaint and appears on the record of title

the Twin Arrows Property, the Notice of Lis Pendens wrongfully for the Twin Arrows Property. 11.

Because the mere appearance of the Notice of Lis Pendens creates a cloud on title,

unless the Notice is immediately removed, the Nation will suffer immediate, severe economic harm, including the loss of returns described above and the loss of amounts already expended in connection with the development 12. of obligations and financing of the Twill Arrows Property.

The Nation bas expended significant time and resources and undertaken a variety in connection "With development of the Twin Arrows Property. Delays in the

-~

.:
NOV-15-2010 09:53 From:DEPTOFJUSTICE 19288716200 To:Lewis and Roca LLP P.4/4

development

and construction

of the Twin Arrows Property jeopardize

the Nation's

investment

and, if made, returns on that investment. 13. Without immediate action to remove the Notice of Lis Pendens currently

encumbering the Twin Arrows Property, the Nation will suffer substantial, irreparable harm and therefore, the Nation requests that the Court take immediate action to remove the Notice of Lis Pendens from the record of title for the Twin Arrows Property. 14. I do declare under the penalty of perjury that the foregoing is true and correct. DATED this
'2th

daYOfNOVembe~

Mark Grant

I'S~SS9f1

l.I8IHX3

~.,

Official Records of Coconino County

Candace Owens - Recorder 10/22/2010 04:26 PM 00

3577765
Pgs: 2

11"~fiillf~~II;illflmH~IW ~~/lllIla 11I1I11~li!j II/11m .

When recorded, please mail back to: Don Yellowman P.O. Box 1661 Tuba City, A2 86045

NOTICE OF LIS PENDENS

Twin Arrows Parcel

A parcel ofland in Sections 31 and 29, Township 21 North

Range 1J East, Gila and Salt River Meridian Coconino County, Arizona PLEASE TAKE NOTICE that a law suit is pending in the District Court of the Navajo Nation at Window Rock, Navajo Nation (Arizona) in Cause No. WR-CV-258-10, by The Forgotten People, an unincorporated association within the Navajo Nation, and twelve individuals, against the NavajoHopi Land Commission, the Navajo-Hopi Land Commission Office, the Navajo Nation and John Doe and Jane Doe for an accounting and other action, and that such suit affects the above-recited parcel ofland because it involves that certain Navajo Rehabilitation Trust Fund, 25 U.S.c. 640d30, established solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, educational and social condition of families and Navajo communities" that were affected by the Healing decision, the provisions of Subchapter XXII of Title 25 of the United States Code or the establishment of Grazing District No.6 by the Secretary of the Interior. This notice regards that certain parcel ofland popularly known as the "Twin Arrows Parcel," located in the north half of Section 31 and the south half of Section 29, in Township No. 21 North, Range 11 East, Gila and Salt River Meredian, Coconino County, Arizona and more particularly described in a certain Parcel Boundary Description prepared by James A. Folkers, RLS and recorded with documents relating to transactions among Juniper Mesa Ranch, LLC; the Navajo Nation Gaming Enterprise; and the Navajo Nation of Indians; containing 408.11 acres, more or less.

PLEASE TAKE FURTHER NOTICE that the said property and improvements upon it, with resulting income, are subject to a resulting trust in favor of the above-described Navajo families and communities that will be the subject of the above-stated litigation and future litigation to be filed following the provision of notices of suit to the President and Attorney General of the Navajo Nation, by The Forgotten People and others, to assure that the terms and conditions of the resulting trust are satisfied and that the fiduciary obligations of the United States and the Navajo Nation to the beneficiaries of the trust are observed.
Please direct inquiries regarding this notice to The Forgotten People at the address and telephone number stated below. Dated this 22
nd

day of October, 2010

._--_

__

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...

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3577765

Pages: 2 of2

10122/201004:26:47

PM

THE FORGOTTEN

PEOPLE AND TRUST BENEFlClARlES

By__ ~~
Don Yello

_
an, President, The Forgotten People

P.O. Box 1661 Tuba City, Navajo Nation (Arizona) 86045 (928) 401-1777

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Artorn.~yf~rthe Plaintiffs 3~O$ L~dra Drive N. W. AlbuquerqliejNM8'7120 .

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'lNmE I!lS1lUCT CQURT OFTfIE.NAVAJON.A1IbN

JO'DICIAL DISTRICT OF WINDOW ROCK,NAVAJO TIffi:FQRQbTTEWPEO!>.LE"
DON YELLOWMAN, JORKLAlN,

NA tIO~ (A.RIZONA)

JbHN BENALLY'.' ..... . .. .REN1;\.BABBITT LANE~

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GBQR6E-~E; . NORRIS. NEZ, ROBERT BEGAY, SR,

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LENA NEZ, ]0HNKNIGpIT,

AUGtJSTA(]ILLWOQl)~

GLENNABEDAY, and
. BETTY SCOTT, Plaintiffs,

NO.JJ.R :tV 2S~dll

CtvILAdO(]NTrNG-~~Lt\1NT

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THE NA VAJO;..HOPI LAND'.COMMISSION>. . TPIE NAV AJ0-HOPILAND COMMISSION OFFICE,' ROMANBItSUIE,ptR.ECtOR OF THE NA VAJO",HOPr.tANPCOM1v.(IS$lON. OF'F'JCE;
TIm NAV AJONATlON,and,

JOID'tboE and JANE -DOE. unknown and unnamed individuals

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to th duties$ld.rSJ?ortSibilities.Uilder
Defendants.

expressly applicable laws,

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Lane,

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COME

.1'{OWtheI<6rgottel1People, Don Yellowman, Joe Klaiir,)ohnBenally,RenaBabbitf

George Kee.Norris Nez, RobertBegay, Sr.,LenaN~z,} OM Kni~ht,Al.lgtl$tGi1lwoQd,dlehba13egay ~ .. 1

".

an<lJ3etty Scott~ plaintiJfs, in~ciyil actionfer Land

an acooUiitlrig and Qthetreliehgamsttthe Navajo-Hopi as. Director of,the

.Commission; the Navajo. HppiLand Conunissio:nQffi(;e,Romangi~u:ie

Navajo~.a:6ptLllp,d.Comti11slQh:Office;theNavajoNatlon, wperejl1 the:plairrtiffs cOhiplain and SaY:

L

and John Doe and Jane Doe, a~fendants,

CLAIM.:PAR TtESANDJURlSDrCTION . . .~. .. .. .

. .-....
'

. .....

.....

'.

..

1. This is anaction on account, or.en-accounting

suit. tocompel: the def~n,dants {Q:giyeaii

accounting. fall intome,xpenses, profits, Jesses, assets, andother filiaticiiu niatrers f6fwmc'li they
have aresponslbility 41lQytstatutes

for the Navajo Rehabilha:!jQl1Trust Fund, 25 t1.$.,C. .646d~30~

uses of monies in the Nl,ivajQ Rehabtlttation rlll~tF.undcgive.I1
.

Navajo Nation statutespertaining-to

.

tothe.NavajoTtibetmder

25 O.S.t.6iWd-30(d)

and pursuatittoan,YfegulatoryJlmitationsorithe,
f).t

use of such monies, statutesprovided-forthe

Navajo-Hopi, Land-Commission

2 N.N.C~ 's$51

I
I:

through .858 (2005), any Qilierf'ederal orNavaJo N atiOlistafute,pertalnfug for related purposes; and $tatutesat\dlaWpertaining'tb
to'thejberiefiCiaries'ofthe~avajoReha:bi1ita:tion to the Nn.vajo.PebpJe, and the duties

to.such monies.ormoni es

the nduciaty:r:espoilSihilities'tifthedefetid'atits
U.S.C. 640d":90(d);antl

Tiusi,Pundidentlfiedai25

!:

and responsibilitiesof'the defendants astrustees 6fihe:N~vajo

People andmanagers of the treas'lJI'YoffueNavajoPeople. 2. The Forgetten.People is ail Unincorporated.association

of Navajos who. are residents

of

fQ.tn1erland~ witlilnthe HopiReservafion, refugees of r~etUeI.lieQtfrQmsu.ch lands~..resh:ients'ofthe

"Befuiett']?re;eze"area. Qftbe: Westem Ageiicy :of the Navajo Nation, -andrelocatees and refugees
t:e$ic1j.t1gwherevertheyhave be-en driven,. ~d:tlf U11lhcQtppta~d &gs9.iation fepresentsthehitetests

ofsuchindlvld1.ials, as-an.advocateon.their

behalf

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3. Don yeLl(jWman~)o~l<Iain~JohnBeila1Jy~ Re'naBabbittLane,:GeorgeKee;NorriS Robert Begay,Sr" L@~ Nez, JdhnKnight;A:l!gusuLGillwQod.

Nez;

(Hennaae!S,ay~ and Bett;y Scott ate

andNa vaj:ocommUtlitie'(;3..ff'ec~eQ

etitl)tredril:e.tP.bet~.Qf the Navajo Nation.and.merabers.offamilies

by We de(;isionili theHaling ease, provisions ,ofSu.bchapter){Xn di1'Hle25 Qfthe~Umf~States

Code, oi.tesidentsof.fotilietre.sidentsof"grazingdlstrictnum.l::le.r6e?tab~ish.edbyiheSecreiaryofthe

Intetibr;benefiCia.riSortheNavajoRehahiliUittouTriist benefit-and.individuals

FtiJicfand.Qther likemoriies,setasideJortheir

wb;oselives have been, <ire;and:wiU

be impacted.byuses.or misU!~es:Qfwe

Navajo RehablIitanonTrtistFund

as the moniesof sllchfund have been,

are, or will heaYai'ial:)l'e.to

iheNavajo Tribe un.der2SU,$,C. Q4Qd~3()(d).

4; The Navajo-Hopi. Land Commission i~a{)t~Mb:rybod:y 9ftp,eNav~jp Nat,in:6$bl'islled
Within the

LegisJativeBra,nch bfthe Navajp NatiohpUfsliarit to 2 N .N.C ..851 (2005)J6 cMtYotit

pursuant.tq

the purposes, express or implied; of theCommission

ZN.N ;C.S85;3~(.2oQ'51 'a:n,'d;:QY

manages-monies. of the Navajo

information and be1ieI:,'the Navajo Nationentity

Rehabilitation Trus.t Fund,

that-receivesand

5. The NitviljO.;.Hop'i Land Commission Office is a statutorybady

Qrganized''P~liantto2

ON .N.C; 856 (ZOO~) under the direction ofthe President of the Nav.ajoNatlonand,
andb:eJief,:ibJ:l;ceiye$andn).anag~smoniesoftheNav.ajoRehabilItafion~ti:u and ..regulatO.lyprdvlslorts

on lrtfottnation.

.. ~tF1.tndunde:r:;ft~f~Moty

..
. . . :. .

<S..Romar; Bitsuie.jhe nrreGtor QftheNl:l.'vajoHopi Land.Commi$sionQffice.js a.statutory 9fficia:lwhosetves~dei"the

stattl;tdryfunctiOU$:ofille

'direction of the Pre~idenLoftheNava:jo,Nationa.nd Nava]o-f{opi Land.Commission

who. performs

Offioe :an.d.t1ie NavajCi~HQpi Land

CotllliirsSlOl1J5fusuailt to2N;N.C.856 (2005).

3

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7,lJheNavajQNatioiiiSaseit:goveining1ndiannauonrecognized

bytreatJ,e,s'wth:thelJriited

.stat~Qf Am.caandit

is' the recipient of'funds.in the Navajo Rehabilitation 'IrustFund pursuant:

to. 25'U.s,C~ $ 640d':30(d)Jof the rehabilitation and ~mprovementOf'th(':,~cpn:oil1t;eduqatiol1a1~;a,p:<L

spciAl cpr1dttiOIr()ff~i1i:es:tlnd Navaj 0 cQrnfriuniticsafi'ected by'the Healing.case, subchaPter~XXII

ofTitle2S

ofllieUruteclSt~t~sGode~ oltheHopi

and the c$tab1ishmellf of:gf<l.Zing distdctiiuttlber 6,as,laniffot

.- ..

the ex.clusivetise ----------.

Tribe. as' 6ft'ic:ers;emplo-yees',ot'agents of the

8. This is an-action against IhdividUalddendants

NavajO-Nation, and ofthe stated entity defendants. t.090JTIpel them to perform Jh~ir duties and' tespohsjbilitie$Uriderexpr.e'sslyappIicable-laws
of the UnitedStates and of the Navajo. Nation;

including obligations Wprop'erly manage the moniesofthe plaintiffs due.

NavajpPeople and .give the. named Rights" :AAgother' rights,With

process of law under

the Navajo Nation Bill of

aceompanyingretrredies, andpursuanttoth~irtrustand
law. andthis.honorable 554(<]) .(1005). court'haspersonal

fiducl~r~pohSjbilitiesuncietNavajoNati6ri

ancls'4'bjectma,tterjurisdictionpursu.aIltto

::Z'N:.N;C: S'

9 ~.The plaintiffs provided the notice.require,g by 2N.:N'.C~S ~-S5(!\) (?b05}onJune':?:81'2iH ()~ and the samewas received by the President and theAttorn~yGeneralQftheNav~jo days>or mot'e,p.riorlo the iflitiatio:nof this action by the filihg of'this compla1rit Natiqn1hirty E~O)

r .'
,
!

I 0; This court.has subjectmatterof'this

fun oii'gihalpytSbnW.' and subJctrt1~ritjmis,iitCtion 'o\!et'thep~es arid

action.
It

DEFENI)ANT DlITtES
11. 'TheNavajc Rehal?iJitatiouTrllStFuP-d YV~Qriginal1yestab}i~hq 4

Putsuantt!ySectlon32

..~.:;;-::;~:>;. ; .. ::"!::,:~~~;~~"!;~{;r:'-;~~f:2 .~:~::=

. ".:;::;:::~:::-:~:;

.~;=:;:;.~;.:::'

'~~~i~?'

of'Public.Law No. 93-531 (1974); andthe same is codified in Chapter StatesCode

XXIlQf'titie 25:of.th,.tlhited

,atZS'U.S.C. , 640d.,30. is afrQStf't:ilid e$tabllshed:iritheT:-re~Il1)'()nhe

, 12. 1.~N:avaj()Re1wpilitationTtiistFund

United'

States.and ltconsists of'funds transferred untie! the statue, and,~yirt.rerest

~r

in;~e-~nt

incorneaccrued

under such.funds, pursuanrto. 2S D.S.C. 640d-30(a).

IS. F.Ulidsof :the,Nllvajo R.ehabili~tion 1'111$t FUIid,ihd~dit):giltMtied,itlterestQririveStriient income, are-made available-to the Navajo Tribe "solely for- PJJI:pos~ Which '"o/iUCQl!-pi'b\lte to the
ConHh.Lling rebabm~Hon,a:od

'improvement 'Of the, economic, ,edu:catlonal, and,social'cohditiotL<:if

families andNavajo communities' thathavebeenaffected

Subchaptet.kXtlof

by

the HealiIlg <;W;l -fue prCiyistojJ.$'of

Tl'i1e 25 of the United States Code, or the.establishment of,:grazil:rgW~~:N'Q .

U.S;C.

.6 as lanrlforfhe exclusive use of the I-IQpiTrit:;e,bythe SettetaryoftheIntenor,pursuantto25 640d~30(Y-. J4,$'l;'Ih

funds are to beexpehded pm:suant to. a "cdhCeptual,ftaroewdrk;>

fot their

expenditure. that is submitted to Congress pursuant

to

2Q' u;s,c~ 64()d~30(e)'; :~danY;:~9h

,CQliCeptuaJ framework constitutes standards: for the expenditure of such funds' biillie defendari:~.,'..
IS. Oninfermation andbelief, the':fundsjn~ludepwni~s $eta~idehyaCOh1paQtexeciJteapy
.,"1 ..

the Navajo Nation, the Hopi.Tribe and the Secretary of the interior OnNOY~IIlber3, 2Q06j ~ees'i1J~eti
v' Shirley; No~'S(;,-CV. J-07(Nav. 2
i'

SliP. Ct. Nov:einber29" 2007)} thatate,'sh6iildhe;,orwi1lbe~part

:and Inanyevent, su~hfunds are-also i.ncluaed,hitheS90p~

i':

of the Navajo.Refiabilitation

trust Fu.nd,

!'

Iitigation.

Jones.v, Healing, 373 U.S. 758 (1963) (i:l,ffurriing :tila.Icouftdecision),and.assoclaied' .' . .' .

i This was an. appeal ofthedismissal oianlrction: challenging the validityofthe Compact, anditgivesgreater

by the ForgQtten People and Qthe~

information OIlthe@lt1pact.

I
Cifthis:aetiO:ri

""'~i~;;

;~:~'~!~;::;:_. !;;:~.:;:,;>.::-

::

.. _.-'~;":';:-:". -":-=::ii'~~-~;o:~ -'"'~'-'.

whetherot not: they are 'part ofsuch.fund,

belief, theN'avajoRehabilitatioh

t6.0ndn(otrtultionMd

Trust Pund.aiso ortslsts Qf~$ets,

an<:tsuch fj:mq~~ealp

income and monies from the "Paragon Ranch" ofnorthwestNewMe.Xico~ included

.hi the

scopeofthis ~ctibiiWhther,otnotthy

are part ofthefuird ..

the

17. The (jefen<:t!illts, ~!5~gen~ofthe Nav~joTriqe~underthereferenced $:tU'andun(ir termsof the Nav~io:"Hopi Compact and documents pertainingteParagonRaneh.iowe

trust and

fidu<iimr obligations to. the plaintiffs, th.e 11,am.e.d$tatUtQryb.etl~Ci}Uy class and fueNayaJo.:PeJ>pie,
for the management of such funds and monies .and the are liable to account for their stewardship of sueh;fund~. 18. The piailltiffs; haveno adequate remedyat law fqrthe coniplafnt, and suchispartlCulaHy st~tut~Of oth:~.rWi.se. WHEREFORE the plaintiffs. claim declaratory.orprcspective
i
i."

fac.t1l~4ll;1atters rel~edfu this

.

so because of'thesovereign immtinityo:fthe:NaYajo.:N3'tioil"OY .

.

mandamus.ordnjunctive relief

wuethel'Such is ptelitp.in:a:ry orpermanent, to require-the named defendants, or theirag'ei1t~~ to.pro.Yi'de~

.. the plainti1fS with

aJull and complete accounting o,f1he management and steward~hip .oNhef1iil:d$

including.'butnot.Hinited to income and expenses, profits
collect ~yacc-o:tu1ts

recitedin th1scomplainttothepla:hitiffs~

and Iosses.c,o:;:n:misslori:$,accQuntsteceiYable;.eff6rtsbmgltdi;<ip

!e<;efvapie;

.theirattomey' fees and 'costs; and any other. and further .relie:ras may 'be provided in law; equity 'Or ndlyeeh. The plaintiffs pnay and Claim aU remedies that may be-available to.assurethat-there.is accounting ofall funds and, survivorsof'the a full

moriiesset aside for the benefit, of thepll3.ihtiffs andtheitclas'sas

so-;.caHed"Navajo-Hopi Land Dispute."

-; ".:./

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Dated this4 Ihday

.

QxAuj$.ust,ZO 10.
'" _

'ptAlNTIEFS" ~THE FORGottEN '.PEOPLE,-mtdothers "..

."

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ny.
n. .

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Y;

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S .lI8IHX3

;:

DECLARATION

OF ROBERT WINTER

I, ROBERT WINTER, declare as follows, upon oath and under penalty of perjury: I. Enterprise I am the Chief Executive Officer for the Navajo Nation Gaming under oath and upon my own

(the "NNGE"), and make this Declaration

personal knowledge.

I am competent to testify to the matters herein. Background

2.

On August 16,2010, the NNGE purchased certain property located 405.61 acres and referred

in Coconino County, Arizona consisting of approximately

to as the "Twin Arrows Property". The NNGE on behalf of the Navajo Nation has extensive purposes. 3. On August 25, 2010, the NNGE gifted the Twill Arrows Property that the plans to develop the Twin Arrows Property for economic development

to the Navajo Tribe of Indians (the "Navajo Nation") with the understanding

Twin Arrows Property would be leased back to the NNGE so that the NNGE could proceed with its development ownership of the Twill
AlTOWS

plans.

A deed demonstrating

the Navajo Nation's Accordingly, Trust Fund,

Property is attached

as Exhibit A.

neither the Navajo Hopi Land Commission have any ownership

Office, nor its Rehabilitation

interest in the Twin Arrows Property -- nor any title, legal or

equitable, to that land. 4. In connection with the NNGE's plans to develop the Twin Arrows obtained financing that requires that the NNOE demonstrate Property has no liens or encumbrances that

Property, the NNOEhas in advance

tha.t the Tv/in Arrows

negatively impact the title to the property.

c:

Fili11g of Notice of Lis Pendens 6. On October 22, 20J 0, Mr. Don Yellowman in his capacity as

president of The Forgotten People, recorded a Notice of Lis Pendens in the Coconino County Recorders' Office, encumbering title to the Twin Arrows Property. The

Notice purports to be based on a lawsuit pending in the District Court of the Navajo Nation (the "Civil Accounting Complaint"). 8. Notably, the Civil Accounting Complaint does not reference the

Twin Arrows Property or include any allegations that suggest that M.T. Yellowman or the Forgotten People have a claim to the title to the Twin Arrows Property. Rather,

the referenced Civil Accounting Complaint seeks an accounting of certain monies in a fund held by the Navajo Nation. 9. Complaint Despite the lack of connection between the Civil Accounting

and the Twin Arrows Property, the Notice of Lis Pendens wrongfully

appears on the record of title for the Twin AITOWS Property:

10.

The mere appearance of the Notice of Lis Pendens creates a cloud removed, the NNGE will not be able to

on title and unless the Notice is immediately

meet the conditions tor its financing. 11. As a result, the NNGE may lose approximately
$ 100

million

dollars in funding for the development of the Twin Arrows Property: 1.2. Further, the NNGE will lose the benefit of all the pre-development

work it has paid for thus far. Specifically, the NNGE has already spent millions of dollars in planning, pre-development costs, engineering, surveying and related costs and

for the Twin Arrows Property and the NNGE has entered into architectural construction contracts which required substantial non-refundable payments.

All of

these expenses would be for naught if the Notice of Lis Pendens remains on the

z-

record of title for the Twin Arrows Property and the NNGE loses its financing as a result. 13. Further, there are intangible benefits related to the development of

the Twin Arrows Property that would be lost if the Notice of Lis Pendens remains as a cloud on title. Significantly, the development of the Twin Arrows Property was Without

expected to create over 1,000 construction jobs and 1,200 permanent jobs. financing, these jobs will not become a reality. 14. development another Given the current is especially economy, challenging obtaining financing

for economic that

projects

and there are no assurances

lender would be willing to fund the project.

In fact, if the NNGE loses

funding for this project, it is probable

that the NNGE may not ever be able to move

forward on this project and the costs, both tangible and intangible, to the NNGE and the Navajo Nation are astronomical. 15. Without immediate action to remove the Notice of Lis Pendens,

the NNGE and Navajo Nation will undoubtedly suffer substantial, irreparable harm.

1 declare under penalty of perjury that the foregoing is true and correct,

Executed this"L....

. r""

day of November 2010.

Robert Winter

l'S~SS9l

't/ .lI8IHX3

--

.~

v necords of Coconino County Candace Owens - Recorder 08/25/2010 09:56 RM PIONEER TITLE AGENCY 0 $21.00

~.d.

3571763
Pgs: 12

~
WHEN RECORDED PLEASE MAIL TO: Lewis and Roca LLP Attn: Kerry K. Patterson 40 North Central Avenue Phoenix, AZ 85004-4429

111I111f 11111I11111111111111I1111111111

111111111111111I11111111I111111111111111111111

File # 858076 WEE EXEMPT UNDER ARS 11-1134 A7

SPECIAL WARRAN1'Y' DEED CONVEYING FEE LAND TO THE NAVAJO NATION OF INDIANS

SPECIAL WARRANTY DEED COl\'VEYING FEE LAND TO TfIE NA VAJO NATION OF INDIANS TI-llS IND ENTIJRE is entered into this Q ~ay of August, 2010, by and between the Navajo Nation of Indians (the "Navajo Nation") and the Navajo Nation Gaming Enterprise, a wholly owned enterprise of the Navajo Nation. WITNESSETH: WHEREAS, the Navajo Nation Gaming Enterprise has agreed to convey 405.61 acres of fee land known as the Twin Arrows Parcel (defined below) to the Navajo Nation for the uses descri bed herein; WHEREAS, pursuant to Navajo-Hopi Land Commission of the Navajo Nation Council Resolution No. NHLCMA-02- i0, March 10, 2010, the Navajo-Hopi Land Commission selected the Twin Arrows Parcel for purchase acquisition and conveyance to Navajo Nation and thereafter conveyance to the United States of America in trust for the benefit of the Navajo Nation. WHEREAS, the Twin Arrows Parcel shall be used solely for the benefit of Navajo families residing on Hopi-Partitioned Lands awaiting relocation in accordance with 25 U.S.c. 640-10(h); WHEREAS, pursuant to the Navajo and Hopi Indian Relocation Amendments Act of 1980, also known as Section 4 of Public Law 96-305, approved July 8, 1980, 94 Stat. 930, (codified at 25 U.S.c. 640d-l0 (a) (2)), the President of the Navajo Nation is authorized to accept title on behalf of the Navajo Nation; NOW, THEREFORE, the Navajo Nation Gaming Enterprise has granted and conveyed, and by these presents does grant and convey unto the real property described in the Legal Land Description attached hereto and incorporated herein by this reference as Exhibit "A"(the "Twin Arrows Parcel") to the Navajo Nation and thereafter conveyance to the United States of America in trust for the benefit of the Navajo Tribe; TO HAVE AND TO HOLD all and singular the said lands and premises, together with the rights and appurtenances, thereunto in anywise belonging, unto the Navajo Nation, subject to prior conveyances and reservations of the minerals in, on, and under the described lands as shown of record, patent reservation, easements, and rights-of-way of record, and other stated encumbrances, including those dedicated to the unincorporated village and county of zoning or dedication of subdivision plats and restriction thereof. The Navajo Nation Gaming Enterprise does hereby covenant and agree to and with the Navajo Nation to warrant and defend the title to the above-described real property during the period of ownership by the Navajo Nation against all persons lawfully claiming or attempting to claim the same or any part thereof.

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fN WITNESS WHEREOF, the Navajo Nation Gaming Enterprise Chief Executive Office and the President of the Navajo Nation has each set his hand and seal this _ day of August, 2010. NA V AlO NA nON GAMING ENTERPRISE, wholly owned enterprise of the Navajo Nation a

By:

Name: Robert Winter Title: Chief xecutive Officer Date:

Accepted:

Joe Shirley, Jr., President Navajo Nation

Date

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CERTIFICA TION STATEOF COUNTY OF _

)

) ss. )

On this day of August 2010, Joe Shirley, Jr. appeared before me and acknowledged himself to be the President of the Navajo Nation, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name as its authorized agent of the Navajo Nation.
In witness whereof

I hereto set my hand and official seal.

Notary Public

My Commission Expires:

STATE OF

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('rtp'/J aD
) 55.

COUNTY OF
On himself to authorized signing his

rY'tLn~ ) JJ!!-day

this of AUgu5~ Robert Winter appeared before me and acknowledged be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, being so to do, executed the foregoing instrument for the purposes therein contained by name as its authorized agent of the Navajo Nation Gaming Enterprise.

2010,

In witness whereof I hereto set my hand and OffiCi~

NOtaryP~
My Commission

Expires:-'MuaH

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OFFICIAL
NOTARY

SEAL

CHRISTINE LOHNES
PUBLIC .

STATE OF NEW ~EXICO

~

My Cormi3BIoo

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fN WITNESS WHEREOF, the Navajo Nation Gaming Enterprise Chief Executive Office and the President of the Navajo Nation has each set his hand and seal this _ day of August, 2010. NA V AJO NATION GAMING ENTERPRISE, wholly owned enterprise of the Navajo Nation

8y: Name: Robert Winter Title: Chief Executive Date:

_ Officer

-------------------

Accepted:

()
Date

;;

CERTIFICATION STATE OF COUNTY On

RV!2-<-?VlPv)

) ss.

OF

hAC

k&)
2010, Joe Shirley, Jr. appeared before me and

this

~Lff1-- day of August

acknowledged himself to be the President of the Navajo Nation, and that he, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name as its authorized agent of the Navajo Nation In witness whereof [ hereto set my hand and official seal.

t~/c~LNotary Public

0<::~
CORET A KEETO

My Commission

Expires:

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2A..fJ (

2-

i~'.

IV

NOT ARY puBLIC

A.RJZONA

APACHE COUNlY My Commission Exrnres

June

08. 2012

STATE COUNTY

OF ---OF _

)
) 5S.

On himself to authorized signing his

this __ day of August, 2010, Robert Winter appeared before me and acknowledged be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, being so to do, executed the foregoing instrument for the purposes therein contained by name as its authorized agent of the Navajo Nation Gaming Enterprise.

In witness whereof I hereto set my hand and official seal.

Notary Public My Commission Expires:

NOildTCf:JS30 QNVllVD31:
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PARCELBOUNDARYDESC~TION
A portion of the north half of Section 31, and the south half of Section 29, Township 21 North, Range J 1 East, Gila and Salt River Meridian, Coconino County, Arizona, described as foUows: BEGINNING at a set aluminum cap marked "RLS 18215" at the comer common to Sections 29, 30, 3 J and 32, Township 21 North, Range 11 East, Gila and Salt River Meridian, Coconino County, Arizona; Thence North 0025' 51" West, 460.17 feet along the west line of said Section 29 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing North 0015' 5 J" West, 880.64 feet along said west line of Section 29 to a found ii2" diameter rebar with plastic cap marked '~S 18215"; Thence continuing North 0025' 5 1" West, 1297.66 feet along said west line of Section 29 to a found U.S. Government Land Office brass cap at the west quarter comer of said Section 29; Thence North 8934'49" East, 90.00 feet along the latitudinal mid-section line of said Section 29 to a set 112" diameter rebar with plastic cap marked "RLS 18215"; Thence South 0025' 51 " East, 935.28 feet along a line parallel with and 90.00 feet east of said west line of Section 29 10 a set 112" diameter rebar with plastic cap marked "RLS 18215"; Thence North 44 11'15" East, 99.65 feet to a set 112" diameter drill hole with brass tag marked "RLS 18215"; Thence North 8848 '21" East, 292.56 feet to a set 1/2" diameter rebar with plastic cap marked "RlS 18215" and a point of curvature; Thence: northeasterly and southeasterly, 142-20 feet along the arc of a 1,500.00 foot radius curve, concave to the southwest, having a central angle of 0525' 53", to a set 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence South 8545'46" East, 282.63 feet to a set 1/2" diameter rebar with plastic cap marked "RLS 18215n and a point of curvature; Thence southeasterly and northeasterly, 313,58 feet along the arc of a 310.00 foot radius curve, concave to the northwest, having a: central angle of 5757'30", to a set 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence North 3616'45" East, 332.86 feet to a set! liT' diameter rebar with plastic cap marked "RLS 18215" and a point of curvature; Thence northeasterly and northwesterly, 128.10 feet along the arc of a 120.00 foot radius curve, concave to the northwest, having a central angle of 3641 '55", to a set 112" diameter rebar with plastic cap marked "RLS 18215'"'; Thence North 0025'11" West, 378.02 feet to a point on said latitudinal mid-section line of Section 29 and the south line of ANTELOPE HILLS as recorded in Instrument No. 3438078, RCe, from which a \;2" diameter rebar with cap marked "WITNESS CORNER" lies North 0025' 11" West, 75.00 feet; Thence North 8934 '49" East, 920.62 feet along said latitudinal mid-section line of said Section 29 and said south line of said ANTELOPE HILLS to a found 1/2" diameter rebar with plastic cap marked "RLS 18215" at the southeast comer of said ANTELOPE HILLS and the southwest corner of that parcel described in Docket 1810, Page 456, RCC; Thence continuing North 8934 '49" East, 110.50 feet along said latitudinal mid-section line of said Section 29 and the south line of said parcel described in Docket 1810, Page 456, RCC to a found 112" diameter rebar with plastic cap marked "RLS 18215" at the southeast corner of said parcel; Thence continuing North 8934'49" East, 224.26 feet along said latitudinal mid-section line of said Section 29 and the south line of said parcel to a found 1/2" diameter rebar with plastic cap marked "RLS 18548" at the center quarter corner of said Section 29; Thence North 8934'22" East, 985.24 feet along said latitudinal mid-section line of said Section 29, the south line of said parcel, and the south line of that parcel described in Docket 1566, Page 60, RCC, to a found u.s. Government Land Office brass cap on the west line of the Navajo Indian Reservation per Executive Order November 14, 1901; Thence South 0021 '46" East, 1299.10 feet along said west line to a found 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 0021 '46" East, 1342.25 feet along said west line to a found U.S. Government Land Office brass cap marked "MI NlR?' at the intersection of said west line and the line common to said Sections 29 and 32; Thence South 8937'12" West, 985.03 feet along the south line of said Section 29 to a found 112" diameter rebar with tag marked "RLS 18215" at the south quarter corner of said Section 29; Thence South 8936'50" West, 184.95 feet along said south line of said Section 29 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing S:outh 8936' 50" West, 1135.59 feet along said south line of said Section 29 to a found 112" diameter rebar with cap marked "RLS 18548"; Thence continuing South 8938'10" West, 34.93 feet along said south line of said Section 29 to a found 1/2" diameter rebar with cap marked "RLS 18215"; Thence continuing South 8938'10" West, 967.64 feet along said south line of said Section 29 to a found 1/2" diameter rebar with cap marked "RLS 18215"; Thence continuing South 8938'10" West, 318.08 feet along said south line of said Section 29 to said set aluminum cap marked "RLS 18215" at said comer common to Sections 29, 30, 31 and 32, Township 21 North, Range 11 East, Gila and Salt River Meridian, Coconino County, Arizona; Thence South 0014'09" East, 1442.34 feet along the east line of said Section 31 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 00 14'09" East, 1196.29 feet along said east line of Section 31 to a found U.S. Government Land Office brass cap at the east quarter comer of said Section 31; Thence South 8938'03" West, 1455.50 feet along the meridional mid-section line of said Section 31 to a found 112" diameter rebar with plallstic cap marked "RLS 18215"; Thence continuing South 8938'03" West, 1184.20 feet along said meridional midsection line of said Section 31 to a found aluminum cap marked "LS 18548" at the center quarter corner of said Section 31; Thence South 8937' 41" West, 532.09 feet along said meridional mid-section line of said Section 31 to a found 112" diameter rebar with plastic cap marked "RLS 18215"; Thence continuing South 8937'41" West, 128.83 feet along said meridional mid-section line of said Section 31 to a found 1/2" diameter rebar with broken aluminum cap; Thence South 8941 '33" West, 660.12 feet along said meridional mid-section line of said Section 31 to a found 1/2" diameter rebar with broken aluminum cap; Thence South 8936'36" West, 661.07 feet along said meridional mid-section line of said Section 31 to a found 112" diameter rebar with plastic cap marked "RLS 18215"; Thence North 0022'23" West, 659.83 feet to marked "RLS 18215";
8

set 112" diameter rebar with plastic cap

Thence North OO~1 '46" West, 659.54 feet to a found 112" diameter rebar with plastic cap marked uRLS 18215";

.,.

Thence North OO~3 '06" West, 329.94 feet to a found eap marked "RLS 18215";

112" diameter rebar wi:th plastic

Thence North OO~3'06" West, 989.81 feet to a found drill bole in rock with a brass tag marked "RLS 18215" on the north line of said Section 31; Thence North 8938'52" East, 1321.10 feet along said north line of Section 31 to a found 112" diameter rebar with plastic cap marked "RLS' 18215"; Thence South 0023'36" East, 1154.89 cap with obliterated markings; Thence South 8940'52" cap marked "LS 28717"; Thence South 8939'38" marked "LS 14184; Thence South 0023'27" marked "RLS 182[5"; feet to a found 112" diameter rebar with plastic

West, 132.11 feet to a found

112" diameter rebar with aluminum

West, 528.45

feet to a found

112" diameter

rebar with cap

East, 293.62 feet to a found 112" diameter rebar with plastic eap

Thence continuing South 00~3 '27" East, 530.82 plastic cap marked "RLS 18215"; Thence North 8939'30" marked "RLS 18215"; Thence North 0023'54" cap marked "LS 28717";

feet to a set 112" diameter rebar with

East, 528.41 feet to a set liT' diameter rebar with plastic cap

West, 549.91 feet to a found 112" diameter rebar with aluminum

Thence North 8938' 16" East, 792.64 feet to a found 112" diameter rcbar with aluminum cap marked "LS 28717"; Thence South 0024 '27" marked "RLS 18215"; Thence North 8937'33" marked "RLS 18215"; East, 550.19 feet to a set 112" diameter rebar with plastic cap

East, 660.15 feet to a set 112" diameter rebar with plastic cap

Thence North OO~1'31" West, 1319.49 feet to a found 1/2" diameter rebar with plastic eap marked "RLS 18215"; Thence North 8937'18" "RLS 18215"; East, 495.88 feet to a found 112" diameter rebar with tag marked

'.

Thence

North 0019'21"

West, 659.45

feet to a found

112" diameter

rebar with plastic

cap marked "RLS 18215" on said north line of Section 31; Thence North 8939'00" East, 827.35 feet along said north line of Section 31 to a found

1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence North 8937'28" East, 661.65 feet along said north line of Section 31 to the

POfr.-TT OF BEGINN1NG.

CONTAINING

17,668,330 square feet (405.61 acres), more or less.

Prepared by: James A Folkers, RLS The WLB Group, Inc. 523 N. Beaver Street Flagstaff, AZ 86001 Job No. 309021AOOl

EXPIRES 12-31-201)

9118IHX3

-.

(.

NOV-15-2010 10:06 From:DEPTOFJUSTICE

19288716200

To:LewiS and Roca LLP

P.3/3

"
NOV-15-2010 10:06 From:DEPTOFJUSTICE 19288716200 To:LewiS and Roca LLP P.2/]

DECLARATION

OF ROMAN BITSUIE

I, ROMAN BITSUIE, declare as follows, upon oath and under penalty of perjury: 1. I am the Executive Director of the Navajo Hopi Land Commission and make this Declaration under oath and

Office of the Navajo Nation ("NHLCO"), upon my own personal knowledge. 2.

Iam. competent to testify to the matters herein. Trust Fund

The NffLCO manages the Navajo Nation Rehabilitation

(the "Fund") in accordance with the Navajo Hopi Land Settlement Act. 3. The Fund is the subject of that certain litigation styled as "The

Forgotten People, et. al v. the Navajo Hopi Land Commission

et. al'', Case No. WR-CV-

258-10 and .filed in the District Court of the Navajo Nation (the "Civil Accounting Complaint").
4

The Civil Accounting Complaint seeks an accounting of the Fund. The Civil Accounting Complaint is referenced as the basis for the County

5.

filing of a Notice of Lis Pendens

in the Official Records

of the Coconino

Recorder's Office at Docket No. 3577765 (the "Notice"). 6. The Notice is filed against certain property identified as the Twin

Arrows Property and legally described in the Notice. 7. Property. 8. Property. 9. Because the Civil Accounting Complaint involves the Fund and the Complaint The NHLCO and the Fund have no ownership in the Twin Arrows The Civil Accounting Complaint does not reference the Twin Arrows

Fund has no ownership

in the Twin Arrows Property, the Civil Accounting Property.

could not affect title to the Twin Mows