HomeMy WebLinkAboutOrdinance 2004.21 Approving an exchange of real property near Ina and Silverbell RoadsF. ANN RODRIGUEZ, RECORDER
RECORDED BY: J V
DEPUTY RECORDER
4437 PE3
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET: 12423
SEQUENCE: 20042150340
11/05/2004
ORDIN 16: 54
MAIL
AMOUNT PAID $ 33.50
MARANA ORDINANCE NO. 2004.21
RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY
LOCATED NORTHWEST OF THE INTERSECTION OF INA AND SILVERBELL ROADS;
AUTHORIZING THE MAYOR TO EXECUTE AN EXCHANGE AGREEMENT WITH DCK
INVESTMENTS, INC., AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH
THE EXCHANGE; AND DECLARING AN EMERGENCY.
WHEREAS, the Town of Marana is completing the design and soon anticipates to begin
construction of a realigned and widened Silverbell Road north of its intersection with Ina Road
and of Ina Road just west of its intersection with Silverbell Road; and
WHEREAS, the Town of Marana needs to acquire certain land and easements from DCK
Investments, Inc. (the "Property Owner"), of the property immediately northwest of the intersec-
tion of Ina and Silverbell Road; and
WHEREAS, the realignment of Silverbell Road as part of the construction project will
result in a parcel of property which is adjacent to the Property Owner and which is no longer
necessary for right-of-way purposes; and
WHEREAS, the Property Owner is willing to trade the land and easements the Town
needs for the road project to the Town in exchange for the right-of-way which will no longer be
needed by the Town after the construction and relocation of the road; and
WHEREAS, the properties being exchanged are specifically described and mapped on
the exhibits attached to the "Exchange Agreement between DCK Investments, Inc., and Town of
Marana, Arizona" (the "Exchange Agreement"), which is attached as Exhibit A to this ordinance;
and
WHEREAS, the property rights being exchanged are of substantially equal value; and
WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA,
SECTION 1. The exchange of lands as set forth in the Exchange Agreement presented to
the Mayor and Council concurrently with this ordinance and attached as Exhibit A is hereby ap-
proved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectu-
ate the above-contemplated exchange for and on behalf of the Town of Marana.
{00000257.DOC/}
SECTION 3. The Town Manager and Town staff are authorized and directed to under-
take all other and further tasks required or beneficial to carry out the terms, obligations; 'and ob-
jectives of the aforementioned Exchange Agreement.
SECTION 4. BE IT FURTHER RESOLVED THAT since it is necessary for the preser-
vation of the peace, health and safety of the Town of Marana that this ordinance become imme-
diately effective, an emergency is hereby declared to exist, and this ordinance shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3rd day of November, 2004.
ATTEST:
AP P ROV, Lt'D AS4'O,FORM:
~ C as6/lldy'7'-T own A~y
{00000257.DOC/} - 2 - FJC/cds 10/25/04
EXCHANGE AGREEMENT
BETWEEN DCK INVESTMENTS, INC.
AND
TOWN OF MARANA, ARIZONA
THIS EXCHANGE AGREEMENT is
INWESTMENTS, INC., an Arizona corporation ("DCK")
political subdivision of the State of Arizona (the "Town").
made by and between DCK
and the TOWN OF MARANA, a
RECITALS
The parties acknowledge and agree that the following recitals of fact and
intentions are true and correct and are an integral part of this Agreement:
A. DCK is the owner of the following two parcels of undeveloped property
located north and west of the current intersection of Ina Road and Silverbell Road, Marana,
Arizona, and more particularly described on Exhibit A attached hereto (the "DCK Property"):
A parcel which is to be within the roadway of Silverbell Road after
it is re-aligned; and
J
A parcel located along the north side of Ina Road and west of
Silverbell Road.
B. The Town is desirous of re-aligning Silverbell Road north of its
intersection with Ina Road and is in need of acquiring the DCK Property in order to accomplish
that re-alignrnent in the manner set forth on the map attached hereto as Exhibit B.
C. DCK is also the owner of additional undeveloped property located north
and west of the current intersections of Ina Road and Silverbell Road, Marana, Arizona, adjacent
to the current roadway of Silverbell Road and the planned re-aligned roadway of Silverbell Road
over which the Town needs temporary construction easements more particularly described on
Exhibit C attached hereto (the "Temporary Construction Easement Parcel") and over which the
Toxvn needs permanent drainage easements more particularly described on Exhibit D to
Exchange Agreement/Part 1 and Exhibit D to Exchange Agreement/Part 2 hereto (the "Drainage
Easement Parcels").
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D. Once Silverbell Road has been re-ali~ed, the Town will not have any
need of that portion of existing Silverbell Road, more particularly described on E:~hibit E
attached hereto, except to reserve certain permanent drainage easements more particularly
described on Exhibit F attached hereto and to reserve any easements as required by A.R.S.
§ 28-7210, (all of the foregoing, with reserved easements, are referred to as the "Silverbell
Roadway Property") and is therefore desirous of exchanging the Silverbell Roadway Property for
the DCK Property, temporary construction easements over the Temporary Construction
Easement Parcel and permanent drainage easements over the Drainage Easement Parcels
pursuant to A.R.S. § 9-407.
E. The Town has expressed to DCK that if DCK does not voluntarily
exchange the fee interest in the DCK Property, grant temporary construction easements over the
Temporary Construction Easement Parcel and grant permanent drainage easements over the
Drainage Easement Parcels for the fee interest in the Silverbell Roadway Property, the Town will
take the DCK Property, temporary construction easements over the Temporary Construction
Easement Parcel and permanent drainage easements over the Drainage Easement Parcels under
its power of eminent domain granted pursuant to A.R.S. §§ 9-276 and 12-1111.
F. The parties are desirous of entering into an agreement whereunder the
DCK Property would be exchanged for the Silverbell Roadway Property, temporary construction
easements over the Temporary Construction Easement Parcel would be granted and permanent
drainage easements would be granted over the Drainage Easement Parcels, as more particularly
set forth herein.
AGREEMENT
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Agreements By DCK.
1.1 Convey DCK Property. DCK hereby agrees to convey the DCK
Property to the Town by duly executing a Special Warranty Deed in the form attached hereto as
Exhibit G and delivering such Special Warranty Deed to the Escrow to be established pursuant to
Section 4 below.
1.2 Grant Temporary Construction Easement. DCK hereby agrees to
grant the Town temporary construction easements over the Temporary Construction Easement
Parcel by duly executing the Temporary Construction Easement in the form attached hereto as
Exhibit H and delivering such Temporary Construction Easement to the Escrow to be established
pursuant to Section 4 below.
1.3 Grant of Drainage Easement. DCK hereby agrees to grant the
Town permanent drainage easements over the Drainage Easement Parcels by duly executing the
Drainage Easement in the form attached hereto as Exhibit I and delivering such Temporary
Construction Easement to the Escrow to be established pursuant to Section 4 below.
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2. D'ausfer of the Sih,erbell Roa&,'ay Property to DCK. Once. the re-
alignment of the Silverbell Road on the DCK Property has been completed, the T6~vn shall
convey the Silverbell Roadway Property to DCK by causing a Deed of Abandonment in the form
attached hereto as Exhibit J to be duly executed and delivered to the Escrow. The Town agrees
to use its good faith efforts to complete the re-ali~munent of Silverbell Road on the DCK Property
in time for such Deed of Abandonment to be recorded by December 31, 2007. If the Deed of
Abandonment is not recorded by December 1, 2007, DCK may give the Town written request for
the recordation of the Deed of Abandonment at any time between December 2, 2007, and
December 20, 2007, and upon such written request, the Town may extend the time for recording
the Deed of Abandonment for an additional three years by signing and returning such written
request to DCK at any time prior to December 31, 2007, provided that the Town continues to use
its good faith efforts to complete the re-alignment of Silverbell Road on the DCK Property
within such additional three-year period.
3. Construction of Sewer Connections by the Town. The Town hereby agrees
to construct and install sewer connections on those portions of the Temporary Construction
Easement Parcel as shown on the map attached hereto as Exhibit H.
4. Escrow.
4.1 Opening. Upon execution of this Agreement by the parties, the
parties shall open an escrow with Lawyers Title Agency of Arizona (Ms. Pamela M. Tighe, Vice
President), One South Church, Suite 1800, Tucson, AZ 85701 (Tele: 520-740-0424; Fax 520-
740-0436) (the "Escrow Holder") and each party shall deposit with the Escrow Holder all
instruments and funds required to be deposited by this Agreement to consummate the transaction
contemplated hereby.
~2
{00000214.DOC / 3} - 3 -
4.2 Escrow Instructions. It is expressly agreed by the parties that if the
Escrow Holder requires escrow instructions, such shall be executed and delivered for the 'purpose
of enabling the Escrow Holder to complete the exchange of the DCK Property, the temporary
construction easements over the Temporary Construction Easement Parcel and the permanent
drainage easements over the Drainage Easement Parcels for the Silverbell Roadway Property
(the DCK Property and the Silverbell Roadway Property are collectively referred to as the
"Subject Properties") in accordance with this Agreement and that in the event of any conflict
between the provisions of any such escrow instructions and this Agreement, the provisions of
this Agreement shall be controlling. A copy of this Agreement shall be deposited with the
Escrow Holder and thereby constitute a part of any escrow instructions for the applicable
Escrows. The obligations of each party which are herein agreed to be undertaken by such party
in the Escrow shall be and are hereby made agreements of such party in and under this
Agreement independent of any escrow instructions required by the Escrow Holder. If any
requirements relating to the duties or obligations of the Escrow Holder hereunder are not
acceptable to the Escrow Holder, or if the Escrow Holder requires additional instructions, the
parties agree to make such deletions, substitutions and additions to escrow instructions as
counsel for DCK and the Town shall mutually approve and which do not substantially change
this Agreement or its intent. DCK and the Town further agree to perform, observe and fulfill the
requirements of this Agreement notwithstanding said deletions, substitutions or additions to the
escrow instructions as in this Section set forth.
5. Closings.
5.1 Closing of h'ansfer of DCK Property and Easements. The transfer
of the DCK Property to the Town, the grant of the temporary construction easements over the
Temporary Construction Easement Parcel and the grant of the permanent drainage easements
over the Drainage Parcels shall be consummated on or before 5:00 p.m. November 30, 2004, by
the Escrow Holder recording the DCK Special Warranty Deed in the office of the Pima County
Recorder by that time (the "DCK Property and Easement Closing").
5.2 Closing of h'ansfer of Silverbell Roadway Property. The transfer
of the Silverbell Roadway Property to DCK shall be consummated on or before the time
specified in Section 2 hereof by the Escrow Holder recording the Town's Deed of Abandonment
in the office of the Pima County Recorder by that time (the "Silverbell Roadway Property
Closing").
6. Costs of D'ansaction. The costs of consummating the transactions
contemplated hereby shall be borne by the respective parties as follows:
6.1
Escrow Fees. DCK and the Town shall each pay one-half (½) of all
escrow fees.
6.2 Recording Fees for the DCK Property and Easements. DCK shall
pay the fees for recording the Special Warranty Deed to the DCK Property, the Temporary
Construction Easement and the Drainage Easement.
{ 00000214.DOC / 3 } 4
6.3 Recording Fees for the Sih,erbell Roadway ProperO,. The Town
shall pay the fees for recording the Deed of Abandonment to the Silverbell Roadway Prol3erty.
6.4 Title Policy for the Town. DCK shall pay for the cost of the policy
of title insurance for the Town described in Section 7.1 hereof.
6.5. Title Policy for DCK. The Town shall pay the cost of the policy of
title insurance for DCK described in Section 7.2 hereof.
6.6 Other Costs. All other costs of the Escrow shall be apportioned in
the customary manner in Pima County, Arizona.
7. Condition of Title; Title b~surance.
7.1 Owner's Title Insurance for the Town. Title to the DCK Property
shall be insured by a standard policy of title insurance issued by Lawyers Title Insurance
Company, with liability in the amount of $5,000 showing title vested in the Town, subject only
to the following:
A. Non-delinquent real property taxes;
B. Existing easements of record;
C. Those liens, encumbrances, covenants, conditions,
restrictions, reservations, rights, rights of way, easements and exceptions now of record that do
not affect the use or enjoyment of the DCK Property.
7.2 Owner's Title Insurance for DCK. Title to the Silverbell Roadway
Property shall be insured by a standard policy of title insurance issued by Lawyers Title
Insurance Company, with liability in the amount of $5,000 showing title vested in DCK, or its
assigns, subject only to the following:
A. Non-delinquent real property taxes;
or similar pipelines and
appurtenances;
B. Rights-of-way or easements for existing sewer, gas, water
appurtenances and electric, telephone and similar lines and
C. Those liens, encumbrances, covenants, conditions,
restrictions, reservations, rights, rights of way, easements and exceptions now of record that do
not affect the use or enjoyment of the Silverbell Roadway Property.
{00000214.DOC / 3) 5
7.3 DCK Property Title Report. Within 10 days after the opening of
the Escrow, D CK s hall provide t he T own with a preliminary title report (the "DCK Property
Title Report") showing the state of the title of the DCK Property. Within 5 days business after
receipt thereof, the Town shall notify DCK in xvfiting of any exceptions in the DCK Property
Title Report that affect the use or enjoyment of the DCK Property. If the Town does not give
DCK written notice within such 5 day period, the DCK Property Title Report shall be deemed
accepted by the Town. DCK shall have 3 days after receipt of notice fi.om the Town of
objections in the DCK Property Title Report to: (1) Secure the removal of any unacceptable
exceptions, except for matters requiring the payment of money which may be cleared through
the Escrow at the close thereof; or (2) Notify the Town of those exceptions that DCK does not
intend to remove; or (3) Do a combination of the foregoing. If DCK notifies the Town of any
exceptions that it does not intend to remove, then the Town shall have until the DCK Property
and Easement Closing to cancel the transaction or to waive the removal of the exceptions and
proceed to consummate the transaction contemplated hereby; if the Town proceeds to
consummate the transaction, any exceptions not removed shall be deemed waived by the Town.
7.4 Silverbell Roadway Property Title Report. Within 10 days after the
opening of the Escrow, the Town shall provide DCK with a preliminary title report (the
"Silverbell Roadway Property Title Report") showing the state of the title of the Silverbell
Roadway Property. Within 5 days business after receipt thereof, DCK shall notify the Town in
writing of any exceptions in the Silverbell Roadway Property Title Report that affect the use or
enjoyment of the Silverbell Roadway Property. If DCK does not give the Town written notice
within such 5 day period, the Silverbell Roadway Property Title Report shall be deemed
accepted by DCK. The Town shall have 3 days after receipt of notice from DCK of objections in
the Title Report to: (1) Secure the removal of any unacceptable exceptions, except for matters
requiring the payment of money which may be cleared through the Escrow at the close thereof;
or (2) Notify DCK of those exceptions that the Town does not intend to remove; or (3) Do a
combination of the foregoing. If the Town notifies DCK of any exceptions that it does not intend
to remove, then DCK shall have until the DCK Property and Easement Closing to cancel the
transaction or to waive the removal of the exceptions and proceed to consummate the transaction
contemplated hereby; if DCK proceeds to consummate the transaction, any exceptions not
removed shall be deemed waived by DCK.
7.5 Delivery of Title Policies. The policy of title insurance described in
Section 7.1 above shall be delivered to the Town at the DCK Property and Easement Closing and
the policy of title insurance described i n Section 7.2 above s hall b e delivered t o D CK a t t he
Silverbell Roadway Property Closing.
8. Possession. The Town shall be entitled to possession of the DCK Property
and the use of the Temporary Easement Parcels for the temporary construction easements
thereon and the use of the Drainage Easement Parcels foi- the drainage easements thereon at the
DCK Property and Easement Closing and DCK shall be entitled to possession of the Silverbell
Roadway Property at the Silverbell Roadway Property Closing.
{00000214.DOC / 3} - 6 -
9. Prorations. Non-delinquent real property taxes on the Subject Properties
shall be prorated to the Close of Escrow.
10. Commissions.
10.1 By DCK. DCK hereby warrants and represents to the Town that it
has not entered into any agreement or incurred any obligation which might result in the
obligation to pay a sales, brokerage commission or finder's fee on the transaction contemplated
hereby. DCK hereby agrees to indenmify and hold the Town harmless from and against any
liability or responsibility that proximately results from the breach of the foregoing warranty by
DCK.
10.2 By the Town. the Town hereby warrants and represents to DCK
that it has not entered into any agreement or incurred any obligation which might result in the
obligation to pay a sales, brokerage commission or finder's fee on the transaction contemplated
hereby, the Town hereby agrees to indemnify DCK and hold it harmless from and against any
liability or responsibility that proximately results from the breach of the foregoing warranty by
the Town.
11.
The Town's b~vestigation of Property. The Town acknowledges and
agrees that:
11.1 Independent Inspection. The DCK Property, the Temporary
Easement Parcels and the Drainage Easement Parcels are vacant and unimproved land, and
represents and warrants to DCK that the Town has independently inspected and investigated the
DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels or will
independently inspect and investigate the DCK Property, the Temporary Easement Parcels and
the Drainage Easement Parcels and has entered into this Agreement based upon the Town's
inspection and investigation.
11.2 Size. DCK makes no representations or warranties whatsoever
regarding the square footage or acreage contained within the DCK Property, the Temporary
Easement Parcels and the Drainage Easement Parcels.
11.3 Physical Condition. DCK makes no representations or warranties
whatsoever regarding the physical condition of the DCK Property, the Temporary Easement
Parcels and the Drainage Easement Parcels (including, but not limited to, soils, geological
conditions and availability of water).
{00000214.DOC / 3} - 7 -
11.4 Zoning and Comloliance ['P'ith Laws. DCK makes no
representations or warranties whatsoever regarding the zoning affecting the DCK Prol~erty, the
Temporary Easement Parcels and the Drainage Easement Parcels, regarding compliance of the
DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels (and any
activities previously conducted thereon or with respect thereto) with any federal, state or
municipal laws, ordinances, or regulations relating to sale of subdivided lands, or regarding the
suitability or fitness of the DCK Property, the Temporary Easement Parcels and the Drainage
Easement Parcels for the Town's purposes.
11.5 As Is Condition. the Town is acquiring the fee interest in the DCK
Property, the temporary construction easements over the Temporary Easement Parcels and
permanent drainage easements over the Drainage Easement Parcels in their "as is" condition.
12.
DCK's Investigation of Property. The Town acknowledges and agrees
that:
12.1 Independent Inspection. The Silverbell Roadway Property is
currently being used as a part of the roadway for Silverbell Road in Marana, Arizona, and
represents and warrants to the Town that DCK has independently inspected and investigated the
Silverbell Roadway Property or will independently inspect and investigate the Silverbell
Roadway Property and has entered into this Agreement based upon DCK's inspection and
investigation.
12.2 Size. The Town makes no representations or warranties whatsoever
regarding the square footage or acreage contained within the Silverbell Roadway Property.
12.3 Physical Condition. The Town makes no representations or
warranties whatsoever regarding the physical condition of the Silverbell Roadway Property
(including, but not limited to, soils, geological conditions and availability of water).
12.4 Zoning and Compliance PVith Laws. The Town makes no
representations or warranties whatsoever regarding the zoning affecting the Silverbell Roadway
Property, regarding compliance of the Silverbell Roadway Property (and any activities
previously conducted thereon or with respect thereto) with any federal, state or municipal laws,
ordinances, or regulations relating to sale of subdivided lands, or regarding the suitability or
fitness of the Silverbell Roadway Property for DCK's purposes.
12.5 As Is Condition. The Town is acquiring the Silverbell Roadway
Property in its "as is" condition.
13. Approval of Town Council. The obligations of the Town pursuant to this
Agreement shall be contingent on the approval of this Agreement by the Town Council on or
before November 8, 2004, and if the Town Council does not approve of this Agreement by such
date, this Ageement shall be null and void and of no further force or effect.
{00000214.DOC / 3} - 8 -
14. Genern! Provisions. ·.
14.1 £ntire Agreement; Amendment. This Agreement shall constitute
the whole and entire agreement of the parties hereto with respect to the matters set forth herein
and shall not be superseded by any £uture agreements among the parties, except to the extent that
any provision or provisions of this Agreement is or are also expressly dealt with or covered by
any subsequent agreement or contract among the parties and if any provision of this Agreement
is inconsistent with the provision of any subsequent agreement or contract the provisions of the
subsequent agreement or contract shall govern. This Agreement shall not be modified or
amended in any respect except by a written instrument executed by all of the parties provided
however, all of the parties shall not be required to sign or execute any subsequent agreement or
contract which does not affect his or her rights or his or her obligations, liabilities or duties
hereunder.
14.2 Counterpart Executions. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. This Agreement may also be executed by facsimile
signatures a nd i n any n umber o f counterparts, a 11 o f which s hall constitute o ne a nd t he same
instrument.
14.3 Notice. All notices, requests, demands and other communications
hereunder shall, except as otherwise provided herein, be in writing and shall be deemed to have
been duly given if any such communication is addressed to a party at the address listed opposite
his or her signature below. All such notices shall be either mailed by prepaid registered or
certified mail in an envelope addressed as above provided or shall be personally delivered.
Notices mailed shall be deemed to have been given on the date mailed. Notices personally
delivered shall be deemed to have been given on the date of receipt by the addressee.
14.4 Law Governing. This Agreement has been executed and delivered
in the State of Arizona and shall be construed and enforced in accordance with the laws of such
state.
14.5 Benefit. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their heirs, personal representative, successors and assigns.
14.6 Time of Essence. Time is of the essence in this Agreement.
14.7 Gender and Number. Whenever used in this Agreement, the
singnlar shall include the plural and the plural shall include the singular, the male shall include
the female gender and a trust, partnership, firm, company or corporation, all as the context and
meaning of this Agreement may require.
{00000214.DOC / 3} - 9 -
14.8 Further Assurances. Each party hereby agrees that. it will,
whenever and as often as it shall be reasonably required by any other party,'~xecute,
ac'knowledge and deliver, or cause to be executed, acknowledged and delivered, such further
instruments and documents as may be reasonably necessary in order to complete the transactions
and agreements herein provided and to do any and all other acts and to acknowledge, execute
and deliver any and all documents which may be reasonably requested in order to reasonably
carry out the intent and purposes of this Agreement.
14.9 Severability. If any provision or term of this Agreement shall be
held or detern~ined to be unenforceable, the balance of this Agreement shall nevertheless
continue in full force and effect, unaffected by such holding or determination. In addition, in any
such event, the parties agee that it is their intention and agreement that any such provision or
term which is held or determined to be unenforceable as written, shall nonetheless be enforced
and binding to the fullest extent permitted by law as though such provision or term had been
written in such a manner to such an extent as to be enforceable under the circumstances.
TOWN OF MARANA,
municipal corporation
13251 N. Lon Adams Road
Marana AZ 85653
an Arizona
DCK INVESTMENTS, INC., an Arizona
corporation
2841 N. Orlando Avenue
Tucson AZ 85712
By:
By
Mayor Bobby Sutton, Jr.
Douglas C. Kennedy, President
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00000214.DOC / 3} - 10 -
STATE OF ARIZONA )
)
COUNTY OF PIMA )
SS.°
The foregoing instrument was acknowledged before me this __ day of
2004, by Douglas C. Kennedy, President of DCK INVESTMENTS, INC., an Arizona
corporation, on behalf of the corporation.
Seal
Notary Public
{00000214.DOC ! 3 } 1 1
Letter
A
B
C
D
E
F
G
H
I
LIST OF EXHIBITS
TO
EXCHANGE AGREEMENT
BETWEEN DCK INVESTMENTS, INC.
AND
TOWN OF MARANA, ARIZONA
Descriivtion
Legal Description of the DCK Property
Map showing the Re-Alignment of Silverbell Road through the DCK
Property
Legal Description of the Temporary Construction Easement Parcel
Legal Descriptions of the Drainage Easement Parcel (Parts 1 and 2)
Legal Description of the Silverbell Roadway Property
Legal Description of the Town-reserved easements in the Silverbell
Roadway Property
Form of Special Warranty Deed to the DCK Property
Form of Temporary Construction Easement
Form of Drainage Easement
Form of Deed of Abandonment to the Silverbell Roadway Property
{00000214.DOC / 3} 12
civil engineering
environmental
services
flood control
and drainage
land surveying
landscape
architecture
natural resoumes
transpo~a~on
water and
wastewater
December 5, 2002
EEC No. 20079
(Sets 188 & lg9)
DESCRIPTION OF PUBLIC RIGHTS-OF-WAY
(226-33-009E)
That portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, described as follows:
COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35;
THENCE N 89°52'16'' E, along the South Line of the Southeast One-Quarter
(SE 1/4) of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the
centerline of SILVERBELL ROAD according to Book 3 of Record of Surveys at
P~e 42, Pima County Recorder's Office, Pima County, Arizona;;
THENCE N 42°26'42'' W, along said centerline of SILVER.BELL ROAD, a
distance of 267.19 feet to a point of curvature of a tangent curve concave to the
Northeast;
THENCE Northwesterly, along said centerline of SILVERBELL ROAD,
along the arc of said curve, to the righL having a radius of 716.20 feet, mad a central
angle of 31°44'50'' for an arc distance of 396.84 feet to a point oftangency;
THENCE N 10041'52'' W, along said centerline of SILVERBELL ROAD, a
distance of 470.07 feet to a point of curvatm:e of a tangent curve concave to the
West;
THENCE Northerly, along said centerline of SILVERBELL ROAD, along
the arc of said crowe, to the left, having a radius of 954.93 feet; and a central angle of
00°00'39" for an arc distance of 0.18 feet to a non-tangent line;
THENCE N 33°34'05'' W 85.98 feet to the POINT OF BEGL-N~rING;
THENCE continue N 33°34'05'' W 924.06 feet to a point of curvature of a
tangent curve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, having a
radius of 880.00 feel and a central angle of 29°41'28'' for an arc distance of 456.02
feet to a point oftangency;
Engineering and Environmental Consultants, Inc.
4625 E. Fort Lowell Road · Tucson, Adzona 85712
Teh 520-321-4625 · Fax: 520-321-0333
www. e ec-info, com
Exhibit A to Exchange Agreement
December 5, 2002
EEC No. 20079
Public Rifts-of-Way
Page 2
THENCE N 63°15'33'' W 227.81 feet to the Easterly line of SILVERBELL
PLACE, as recorded in Book 54 of Maps and Plats at Page 48, Pinna County
Recorder's Office, Pima County, Arizona, said point being the Southeasterly comer
of the parcel dedicated to Pima County by said SILVERBELL PLACE;
THENCE N 06°09'58" W, along said Easterly line of SILVERBELL
PLACE, a distance of 7.38 feet;
THENCE S 74°09'41" E, along said Southerly right-of-way line, a distance of
139.65 feet to a point of curvature of a tangent curve concave to the Southwest;
THENCE Southeasterly, along the Southwesterly right-of-way line of said
SILVER_BELL ROAD, along the arc of said curve, to the right, having a radius of
744.27 feet, and a central angle of 40035'36'' for an arc distance of 527.31 feet to a
point of tangency;
THENCE S 33°34'05'' E, along said Southwesterly right-of-way line, a
d/stance of 689.08 feet to a point of curvature of a tangent cun, e concave to the
Southwest;
TI-~NCE Southeasterly, along said Southwesterly right-of-way line, along'
the arc of said curve, to the Hght, hax,ing a radius of 924.93 feet, and a central angle
of 17°56'45" for an arc d/stance of 289.70 feet to the POINT OF BEGINSNING;
TO GETHER WITIt
That portion of said Section 35, described as follows:
COMS~CING at the South One-Quarter (S 1/4) comer of said Section 35;
THENCE N 89°57'11" W, along the South Line of the Southwest One-
Quarter (SW 1/4) of said Section 35, a distance o'f 60.30 feet;
December 5, 2002
EEC No. 20079
Public R_ights-of-Way
Page 3
THENCE N 00°02'49'' E 30.00 feet to the POINT OF BEGLN~'ING at the
intersection of a line 30.00 feet North of and parallel Mth said South Line of
Southwest one-Quarter (SW 1/4) with the Westerly right-of-way line of
SILVERBELL ROAD, as recorded in Book 3 of Road Maps at Page 24, P/ma
County Recorder's Office, Pima County, Arizona;
THENCE N 89°57'11" W, along said parallel line, a distance of 2,553.68 feet
to the West Line of said Southwest One-Quarter (SW 1/4);
THENCE N 00014'58" W, along said West Line, a distance of 45.00 feet to a
line 75.00 feet North of and parallel w/th said South Line of the Southwest One-
Quarter (SW ¼) of Section 35;
THENCE S 89°57'11'' E, along said parallel line, a distance of 2,512.69 feet
to the Westerly right-of-way line of SILVERBELL ROAD, (as recorded in Book 3
of Record of Surveys at Page 42, Pima County Recorder's Office, Pima County.,
Arizona);
THENCE S 42026'42'' E, along said Westerly fight-of-way line, a distance of
61.03 feet to the POINT OF BEGI~LNG;
Both parcels together containing 4.151 acres, more or less.
Prepared by:
ENG]2,,rEERING A_ND ENVIRO~TAL CONSULTANTS, INC.
James L. Dean, R.L.S.
JLD:\jy
j :kshare~j dean~legalL20079\publi c rights-of-way
/
11598, PG I$85~
Exhibit "B"
p RE.~F'~tA CK ?P. OPEP. TIES. LLC.
225~21-OO9W
I
//' pREST~ICK
· / PROPERTIES, LLC.
22~27-00~H
DCK Investments, Inc.
226-33-009E
PRDPO~£D C£NT£RL~NE
SILVERBELL RDAD
Silverbell Road Alignment
to be Abandoned.
PKESTWICK pROPER. TIES, LLC.
226-27-009H ~
--.4
UNSUBO I VIDED
5IL VERBELL RDAD
BR 3 RS. PG
PRESTWICK PROPEKTIF~, LLC.
INA ROAD
civil engineering
environmental
services
flood control
and drainage
land surveying
landscape
architecture
natural resources
transportation
water and
wastewater
December 19, 2002
EEC No. 20079
(Set 207)
DESCRIPTION OF TEM~OR_~RY CONSTRUCTION EASEMENT
That portion of Section 35, TownsNp 12 SouttS, Range 12 East, Gila and Salt River
Meridian, Pi.ma Cotmty, Arizona, described as follows:
COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35;
TH~ENCE N 89°52'16'' E, along the South Line oft. he Southeast One-Quarter
(SE 1/4) of said Section 35, a distance of 139.99 feet;
THENCE N 20 07 o0 W 408.98 feet to a point o£ cm-vat~-e of a tangent
curve concave to the Southwest;
THENCE Northwesterly along the arc of said cra-ye, to the left, having a
radius of 2,150.00 feet, and a central angle of 1.3°26'35'' for an arc distance of 504.45
feet to a point of tangency;
THENCB N 33034'05'' W 347.32 feet;
THENCB S 56025'55'' W 75.00 feet to the POINT OF BEGENNING on the
arc of a non-tangent cm-ve concave to the West, a radial line of said cm-ve through
said point having a bearing of N 74022'40'' E, said point being on the Westerly right-
of-way line SELVERBBLL ROAD, according to Book 3 of Record of Sm-veys at
P~e 42, Pima County Recorder's O~fice, Pi.ma County, Arizona;
~TCB Southerly, along said Westerly line, along the arc of said cttrve, to
the fig. bt, having a radius of 924.93 ~¢et, and a central angle of 01°54'44'' for an arc
distance of 30.87 feet to a non-tangent tine;
THENCB N .~ .~4 0> W 953.26 feet to .a point of cra-vat,re of a tangent
cm-ve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, haxSng .a
radius of 870.00 feet, and a central an~e of 29°41'28" for an arc distance of 450.84
feet to a point oftangency;
Engineering and Environmental Consultants, inc.
4625 E. Fort Lowefl Road · Tucson, Arizona 85712
Tel: 520-321-4625 . Fax: 520-321-0333
www. ee c-info, com
Exhibit C to Exchange Agreement
December 19, 2002
EEC No. 20079
TCE
Pa_oe 2
THENCE N 6~ 1> 3~ W 221.34 feet to the Easterly line of SILVERBELL
PLACE, as recorded in Book 54 of Maps and Plats at Page 48, Pima County
Recorder's Office, Pima County, Arizona;
THENCE N 06°09'58'' W, along said Easterly line, a distance of 11.91 feet;
6.~ 1> .~ E 227.81 feet to a point of curvature ora tangent curYe
THENCE S ~ o -,, ~,,
concave to the Southwest;
TIq~Eix,TCE Southeasterly along the arc of said curve, to the right, having a
rad/us of 880.00 feet, and a central angle of 29°41'28" for an arc distance of 456.02
feet to a point oftangency;
THENCE S 33°34'05'' E 924.06 feet to the POINT OF BEGINNING;
Containing 16,169 square feet, more or less.
Prepared by:
ENGINrEERING AND ENVIRONMENTAL CONSULTANTS, LNC.
./
TOTAL AREA= i ~..
16,169~_ SF
',,"=ZOO'
3B
SKETCH SHOWING ' '"
',,
iT£M?ORARY CONSTRUCT/ON £ASEM£NT.
SEC 35, T-12, R-12-E,
PIMA COUNTY, ARIZONA ·
SIL VERBELL ROAD
BK ~ RM, PO 42
BK 25
BK 2 ROAD MAPS,
I DKT 7512, PO
SOUTH .1/4
SEC ,35-12-12
Engineering and Environmental Consultants, Inc.
46Z5 E. FT. LOWELL RD.
TUCSON, ARIZONA 85712
520-3Z1-4625
SET 207
SHEET 1 OF 5
EEC A20079
cz? ",SHEE
-,
OPOSED
" /Cr_.NTERLINE OF~
" ,/5IL~ERBELL ROA%
~ ~x. CEN'~ERLINE OF
"i6' ",.
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~.:.¢-L'~ ''¢''~ L~=50.87~
&KETCH SHOWING
TEMPORARY CONSTRUCTION EASEMENT
SEC S5, T- 12,
PIMA COUNTY, ARIZONA
i
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Engir~eering and Environmenkal Consultants, Inc.
4625 E. FT. LOWELL RD.
TUCSON, ARIZONA 85712
520-321-4625
SET 207
SHEET 2 OF 6
EEC A20079
SKETCH SHOWINC
TEIviPORART CONSTRUCTION EASEMENT
SEC 35, T-12, R-12-E, C & SRM
PIMA COUNTY, ARIZONA
;"=6G'
k
P~. OPOSED
I TERLINE
SIL ~'~RBELL.
CENTERLINE OF
' SIL VERBELL ROAD
Engineering and Environmental Consultants, Inc.
4625 E. FT. LOWELL RD.
TUCSON, ARIZONA 85'712
520-321-4625
.'SET 207
SHEET 5 OF 5
EEC A20079
/
/
/
X
\
SKETCH SHOWING
TEMPORARY CONSTRUCTION EASEMENT
SEC ,35, T-12, R-12-E, O & SRM
PIMA COUNTY, ARIZONA
Engineering and Environmental Consul%ants, Inc.
4625 E. FT. LOWELL RD.
TUCSON, ARIZONA 85712
520-321-4625
SET 207
S~_l 4 OF 5
EEC A20079
i07
',.
SKETCH SHOWING
TEMPORARY CONSTRUCTION EASEMENT
SEC 35, T-12, R-12-E, O & SRM
PIMA COUNTY, ARIZONA
Engineering and Environmental Consultants, Inc.
4625 E. FT. LOWELL RD.
TUCSON, ARIZONA 85712
520-321-4625
SET 207
SHEET 5 OF 5
Lt. A20079
civil engineering
environmental
services
flood control
and d~inage
land surveying
I'ands'cape
architecture
natura! reso[lrces
transpo~a~on
water and
wastewater
Dbcember 4, 2002
EEC No. 20079
(Sets 186 & 187)
DESCRIPTION OF PERSL4NENT DRAINAGE EASEM]SNT
(226-27-009H)
That portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, described as follows:
CO/vLMENCING at the South One-Quarter (S 1/4) comer of said Section 35;
THENCE N 89°52'16" E, along the South Line of the Southeast One-Quarter
(SE 1/4)'of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the
centerline of SILVERBELL ROAD according to Book 3 of Record of Surveys at
Page 42, Pima County Recorder's Office, Pima County, Arizona;
THENCE N 42026'42'' W, along said centerline, a distance of 155.38 feet to
"Point 6426";
T~ENCE N 24°01'16'' E 32.72 feet to the POI2qT OF BEGINNLNG on the
Northeasterly right-of-way line of said SILVERBELL ROAD;
THENCE continue N 24°01'16'' E 122.61 feet;
TI-~NCE S 20°07'30" E 157.57 feet to a point of curvature of a tangent curve
concave to the Northwest;
THENCE Southerly and Southwesterly along the arc of said curve, to the
right, having a radius of 25.00 feet, and a central angle of 110°10'19'' for an arc
distance of 48.07 feet to a point oftangency on a line 75.00 feet North of and parallel
Mth the South Line of the Southwest One-Quarter (SW 1/4) of said Section 35;
THENCE N 89°57'11" W, along said parallel line, a distance of 17.02 feet to
the Northeasterly line of said SILVER_BELL ROAD;
THENCE N 42°26'42'' W, along said Northeasterly line, a distance of 94.25
feet to the POINT OF BEGINNING;
TOCET~F~R ~VITH
COMMENCING at said "Point 6426";
Engineering and Environmental Consultants, Inc.
4625 E. Fort Lowell Road · Tucson, Arizona 85712
Tel: 520-321-4625 · Fax: 520-321-0333.
ww~; e~c-info, corn
Exhibit D to Exchange Agreement/Part 1
December 4, 2002
EEC No. 20079
Permanent Drainage Easement 226-27-009H
Page 2
THENCE N 42°26'42'' W, along said centerline of SILVERBELL ROAD, a
distance of 111.81 feet to a point of cunTamre of a tangent curve concave to the
Northeast;
THENCE Northwesterly, along said centerline of SILVER_BELL
along the arc of said curt,e, to the right, having a radius of 716.20 feet, and a central
angle of 31 °44'50" for an arc distance of 3 96.84 feet to a point of tangency;
THENCE N 10041'52'' W, along said centerline of SILVERBELL RO.~), a
distance of 351.86 feet;
THENCE S 71°50'35'' E 34.25 feet to the POINT OF BEGEN%TNG on the
Easterly fight-of-way line of said SILVER_BELL ROAD;
THENCE N 10o41'52'' W, along said Easterly rig~ht-of-way line, a distance of
57.09 feet;
THENCE S 71o50'35'' E 4.34 feet;
THENCE S 33034'06'' E 80.72 feet;
TI-~NCE N 71°50'35'' W 40.15 feet to the POINT OF BEGLN-NTNG;
Both parcels together containing 10,911 square feet, more or less.
Prepared by:
ENGDqEERING AND ENV/RONMENTAL CONSULTANTS, E'4C.
James L. Dean, R.L.S.
JLD:\jy
· j :kshareaSj dcan~legalk20079\p ermanent drainage
d
6
civil engineering
en vironmemal
services
flood control
and drainage
land su~eying
landscepe
architecture
natural resources
transportation
water and
wastewater
December 4, 2002
EEC No. 20079
(Sets 184 & 185)
DESCRIPTION OF PERS£~NENT DRAINAGE EASEMENT
(226-33-009E)
That.portion of Section 35, Townskip 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, described as follows:
COM/x~CING at the South One-Quarter (S 1/4) comer of said Section 35;
THENCE N 89°52'16'' E, along the South Line of the Southeast One-Quarter
(SE 1/4) of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the
centerline of SILVERBELL ROAD according to Book 3 of Record of Surveys at
Page 42, Pima County Recorder's Office, Pima County, Arizona;
THENCE N 42°26'42'' W, along said centerline, a distance of 155.38 feet to
"Point 6426";
THENCE S 24°01'16'' W 32.72 feet to the POINT OF BEGIN~rE'qG on the
Southwesterly right-of-way line of said SILVERBELL ROAD;
THENCE S 42°26'42'' E 13.15 feet to a line 75.00 feet North of and parallel
with the South Line of the Southwest One-Quarter (SW 1/4) of said Section 35;
THENCE N 89°57'11" W, along said parallel line, a distance of 13.20 feet;
THENCE N 24°01'16'' E 10.62 feet to the POINT OF BEGEN-N]2qG;
TOGETi=IER WITH
COMMENCING at said "Point 6426";
THENCE N 42°26'42'' W, along said centerline of SILVERBELL ROAD, a
distance of 111.81 feet to a point of curvature of a tangent curve concave to the
Northeast;
THENCE Northwesterly, along said centerline of SILVERBELL ROAD,
along the .arc of said curve, to the right, having a radius of 716.20 feet, and a central
angle of 31 °44'50" for an arc distance of 396.84 feet to a point of tangency;
Engineering and Environmental Consultants, Inc.
4625 E. Fo~ Lowell Road · Tucson, Arizona 85712
Tel'. 520-321-4625 * Fax: 520-321-0333
www. eec-info, corn
Exhibit D to Exchange Agreement/Part 2
December 4, 2002
EEC No. 20079
Permanent Drainage Easement
Page 2
THENCE N 10041'52'' W, along said centerline of SILVERBELL ROAD,
351.66 feet;
THENCE N 71050'35.' W 34.25 feet to the POINT OF BEGIh~'-ING on the
Westerly right-of-way line of said SILVERBELL ROAD;
7IIENCE continue N 71°50'35" W 52.52 feet;
THENCE S 75°47'57" W 89.68 feet;
THENCE N 14°12'05" W 40.00 feet;
THENCE N 75°47'57" E 119.97 feet;
THENCE S 71050'35'. E 20.79 feet to said Westerly rig_bt-of-way line of
SILVERBELL ROAD;
THENCE S 10o41'52'. E, along said Westerly right-of-way line, a distance of
57.09 feet to the POINT OF BEGI2~rfiN'G;
Both parcels together containing 6,090 sq .uare feet, more or less.
Prepared by:
ENGINEER_ING A_ND ENVIRONMENTAL CONSULTANTS, INC.
James L. Dean, R.L.S. o,x(?~i''''.
' -.' ',C:;:: ~
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civil engineering
environmental
se/vices
flood control
and drainage
land surveying
landscape
architecture
natural resources
transportation
water and
waste water
Aught 25, 2004
EEC No. 20079
Set 222
DESCRIP~ON OF SILVERBELL ROAD TO BE ABAArl)O~NqgD
That portion of Section 35, Townskip.12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, described as follows:
CO~C]2qG at the South One-Quarter (S 1/4) comer of said Section 35;
THENCE N 89°52'16" E, along the South Line of the Southeast One-Quarter
(SE 1/4) of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the
centerline of SILVERBELL ROAD according to Book 3 of Record of Surveys at
Page 42, Pima County Recorder's Office, Pima County, Arizona;
THENCE N 42°26'42" W, along said centerline, a distance of 101.68 feet to
the POINT OF BEGIArNI2NG on a line 75.00 feet North of and parallel with the
South Line of the Southwest One-Quarter (SW 1/4) of said Section 35;
THENCE N 89°57'11" W, along said parallel line,'a distance of 40.69 feet to
the Westerly ri~. t-of-way Line of said SILVERBELL ROAD;
TI{ENCE N 42°26'42'' W, along said righ.t-of-way line, a distance of 138.03
feet to a point of curvature of a t~ngent curve concave to the Northeast;
/I-tENCE Northwesterly, along said rigJat-of-way line, along the arc of said
curve, to the right, having a radius of 746.20 feet, with. a chord of N 26°34'17'' W
O' "~ 0 I ~!
408.20 feet, and a central an~e. of~l 44 50 for an arc distance of 413.46 feet to a
point oftangency;
THENCE N 10041'52" W, along said right-of-way line, a distance of 470.07
feet to a point of curvatur~ of a tangent curve concave to the West;
TI-IENCE Northerly, along said rigltt-of-way line, along the arc of said curve,
to the left, having a radius of 924.93 feet, with a chord of N 13009'36" W 79.47 feet,
and a central, an~e of 04°55'28" for an arc distance of 79.49 feet to a non-tangent
~CE S 33°34'05'' E 163.17 feet to the Easterly rigl~t-of-way 1/ne of said -
'SILVERBELL ROAD;
Exhibit E to Exchange Agreement
Engineering and Environmental Consultants, Inc.
--orr Lowell Road · Tucson, Arizona 85712
· ~'ek 5~0-321-4625 · Fa~: 520-321-0333
www. eec-info, com
August 25, 2004
EEC No. 20079
Silverbell to be abandoned
Set 222
Page 2
THENCE S 10041'52" E, along smd right-of-Way line, a distance of 399.13
feet to a point of curvature of a tangent curve concave to the Northeast;
~CE Southeasterly, along said right-of-way line, along the arc of said
curve, to the left, hav/ng a radius of 686.20 feet, with a chord of S 26°34'17'' E
375.37 feet, and a central angl6 of 31°44'50'' for an arc distance of 380.22 feet to a
point oftangency;
THENCE S 42°26'42'' E, along said right-of-way line, a distaiace of 192.99
feet to a line 75.00 feet North of and parallel with said South Line of the Southwest
One-Quarter (SW 1/4);
THENCE N 89°57'11'' W, along said parallel line, a distance °f 40.69 feet to
the POINT OF BEGIh~ING;
Contmmn, 62,0~3 square feet, more or less.
Prepared by:
ENG1NEE~G AND ENV]XONMENTA~L CONSULTANTS, INC.
James L. Dean, P~L.S.
JLD:\jy
~:ksharedkmrvey\jdeank20079ksi/verbell to be abandon-~d . . [~..~.
,0 'gL
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civil engineering
environmental
services
flood control
and drainage
land surveying
landscape
architecture
natura/ resources
lranspor~ation
water and
wastewater
August 25, 2004
EEC No. 20079
Set 223 & 224
DESCRIPTION OF PERiS£&_NENT DRAINAGE EASEMENT ACROSS
AB.4~ND ONED SILVER_BELL
That portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, described as follows:
COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35;
THENCE N 89°52'16'' E, along .the South Line of the Southeast One-Quarter (SE
1/4) of sa/d Section 35, a distance of 7.85 feet (8.03 feet Record) to the centerline of
SILVERBELL RoAD according to Book 3 of Record of Surveys at Page 42, Pima
County Recorder's Office, Pima County, Arizona;
THENCE N 42°26'42" W, along said centerline, a distance of 155.38 feet to the
POINT OF BEGINNING, said point being known as "Point 6426";
THENCE N 24°01'16" E 32.72 feet to the Easterly right-of-way line of said
SILVERBELL ROAD;
TS{ENCE S 42026'42" E,, along said rigttt-of-way line, a distance of 94.25 feet to
a line 75.00 feet North of and parallel.with the South Line of the Southwest One-'Quarter
(SW 1/4) of said Section 35;
THENCE N 89°57'11" W,. along said paraliel line, a distance of 81.37 feet to the
Westerly right-of-way line of said SILVER.BELL ROAD;
THENCE N 42°26'42'' W, along ~aid right-of-way 1/ne, a distance of 13.15 feet;
THENCE N 24°01'16" E 32.72 feet to the POINT OF BEGi2~SN32NG;
TOGETI:rER WITH
That portion of said Section 35, described as follows:
coMMENCING at said "Point 6424";
Engineering and Environmental Consultants/Inc,
4625 E, Fort Lowell Road · Tucson, Arizona 85712
Tel'. 520-321-4625 · Fax: 520-32~-0333
www. eec-inf o, com
Exhibit F to Exchange Agreement
August 25, 2004
EEC No. 20079
Permanent Drainage Easement abandoned
Sets 223 & 224
Page 2
THENCE N 42o26'42'' W, along said centerline of SILVERBELL ROAD, a
distance of 111.81 feet to a point of curvature of a tangent curve concave to the
Northeast;
TId~NCE Northwesterly, along said centerline, along the arc of said curve, to the
right, having a radius of 716.20 feet, with a chord of N 26°34'17'' W 391.78 feet, and a
central angle of 31 °44'50" for an arc distance of 396.84 feet to a point oftangency;
~CEN 10°41'52'' W, along said centerline, a distance of 351.66 feet to the
POINT OF BEGIN~rlNG;
TRENCE N 71°50'35'' W 34.25 feet to the Westerly right-of-way line of said
SILVER_BELL ROAD;
THENCE N 10041'52'' W, along said right-of-way line, a distance of 57.09 feet;
THENCE S 71°50'35" E 68.51 feet to the Easterly right-of-way,line of said
SILVERBELL ROAD;
THENCE S 10°41'52'' .E, along said right-of-way line, a distance 0f 57.09 feet;
THENCE N 71°50'35'' W 34.25 feet to the POINT OF BEGII~2qlNG;
Both parcels together containing 6,647 square feet, more or less.
Prepared by:
ENGINEERING AND ENVIROI',rlv[ENTAL CONSULTANTS, INC.
James L. Dean, R.L.S. (q:,. ,~ ~.
JLD:\jy · ~Ai~.=S L. '
d
6
l'[q~en Recorded Mail To:
Town of Marana
Public Works Department
13251 N. Lon Adams Road
Marana, AZ 85653
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, DCK
INW'ESTMENTS, INC., an Arizona corporation, hereby grants and conveys to TOWN OF
M.~L~,JA, a political subdivision of the State of A.dzona, all of its right, title and interest in and to
those parcels of real property situated in the County of Pima, State of Arizona, more particularly
described on Exhibit A attached hereto.
Grantor hereby represents, warrants and covenants to grantee that the property conveyed
hereby is fi'ee and clear of all liens and encumbrances.
DCK INVESTMENTS, INC., an Arizona
corporation
By:
Douglas C. Kennedy, President
Exhibit G to Exchange Agreement
Approved by the Director of Public Works/
Town Engineer of the Town of Marana
Accepted by the Town Manager
Town of Marana
__ day of.,~, 2004
Michael A. Reuwsaat,
__ day of A-u:gu~, 2004
Attest:
Town
Manager
Jocelyn Bronson, Town Clerk
2
STATE OF ARIZONA .- )
) SS.
County of Pima )
SUBSCRIBED ANrD SWORN before me, the undersigned notarypublic, this __
2004, by Douglas Kennedy, President of DCK INVESTMENTS, INC.
day
My Commission Expires:
Notary Public
I{q~en Recorded Mail To:
Town of Marana
Public Works Department
13251 N. Lon Adams Road
Marana, AZ 85653
TEMPORARY CONSTRUCTION EASEMENT
DCK PROPERTIES, INC., an Arizona corporation ("Grantor"), for the consideration of One
Dollar and other good and valuable consideration, hereby grants to the TOWN OF MAR.ANA by
an through its Public Works Department ("Grantee"), an easement for use by Grantee and its
agents and contractors under the direction of the State of Arizona, for purpose of access,
archaeological survey and archaeolo~cal data recovery for the construction and/or re-
construction of Silverbell Road across that certain parcel of real property situated in Pima
County, Arizona, more particularly described on Exhibit C attached hereto.
Grantee hereby agrees to be responsible for, and shall indemnify and hold harmless the Grantor
and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns,
shareholders, partners, employees, insurance companies and attorneys, from any event or
incident occurring on the property described on Exhibit C during the term of this Easement
caused by the negligent use of such property by the Grantee and its agents, representatives,
affiliates, successors, trustees, beneficiaries, assigns, contractors, employees, insurance
companies and attorneys, or by the negligent acts or conduct of Grantee and its agents,
representatives, affiliates, successors, trustees, beneficiaries, assigns, contractors, employees,
insurance companies and attorneys. It is further understood and agreed that this Easement as to
Silverbell Road shall expire and terminate thirty (30) days after the completion of the
construction and/or re-reconstruction of Silverbell Road and that the Easement with respect to
Exhibit H to Exchange Agreement
{000003] ].DOC/}
Ina Road
ancL/or re-reconstruction of Ina Road.
shall expire and terminate thirty (30) days after the completion of the construction
IN WITNESS WHEREOF, this instrument is executed this day of
., 2004.
DCK PROPERTIES, INC., an Arizona
corporation
Douglas C. Kennedy, President
by
TOWN OF MARANA, a municipal
corporation of the State of Arizona
by
Michael A. Reuwsaat, Town Manager
Approved by the Director of Public
Works/Town Engineer of the Town of
Marana
__ day of
Attest:
,2004
Jocelyn Bronson, Town Clerk
STATE OF ARIZONA )
) SS:
County of Pima )
The foregoing instrument was acknowledged before me this __ day of ., 2004, by
DOUGLAS C. KENNEDY, President of DCK PROPERTIES, INC., an Arizona corporation.
My Commission Expires:
Notary Public
{00000311 .DOC/} 2
STATE OF ARIZONA )
) SS:
County of Pima )
The foregoing instrument was acknowledged before me this
MICHAEL A. REUWSAAT, Town Manager of the TOWN
corporation of the State of Arizona.
day of
OF MARANA,
,2004, by
a municipal
My Commission Expires:
Notary Public
{00000311.DOC/} 3
[[,'7~en Recorded Mail To:
Town of Marana
Public Works Department
13251 N. Lon Adams Road
Marana, AZ 85653
DRAINAGE EASEMENT
KNOWN ALL MEN BY THESE PRESENTS: DCK PROPERTIES, INC., an Arizona
corporation ("Grantor"), hereby gants unto the TOWN OF MARANA, a political subdivision of
the State of Arizona ("Grantee"), for the consideration of One Dollar and other good and
valuable consideration, a Drainage Easement over that certain parcel of real property situated in
Pima County, Arizona, more particularly described on Exhibit D-1 attached hereto and Grantor
does w arrant t he title against a 11 persons whomsoever, subject t o t he matters s et forth below.
Grantor hereby gants unto Grantee, for the consideration of One Dollar and other good and
valuable consideration, a Drainage Easement over that certain parcel of real property situated in
Pima County, Arizona, more particularly described on Exhibit D-2 attached hereto and Grantor
does w arrant t he title against a 11 persons whomsoever, subject t o t he matters s et forth below.
These Easements are ~anted on the following terms and conditions:
1. These Easements are subject to existing taxes, assessments, liens, encumbrances,
covenants, conditions, restrictions, rights of way and easements of record.
2. Grantee hereby a~ees to be responsible for, and shall indemnify and hold harmless the
Grantor and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns,
shareholders, partners, employees, insurance companies and attorneys, from any event or
incident occurring on the parcels of real property described on Exhibit D-1 and Exhibit D-2
during the term of these Easements caused by the negligent use of such property by Grantee and
its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, contractors,
employees, insurance companies and attorneys, or by the negligent acts or conduct of Grantee
Exhibit I to Exchange Agreement
{00000312.DOC/} 1
and its agents, representatives, affiliates, successors, trustees, beneficiaries, assi~s, contractors,
employees, insurance companies and attorneys.
1N WITNESS WHEREOF, this instrument is executed this __ day of
2004.
DCK PROPERTIES, INC., an Arizona
corporation
TOWN OF MARANA, a municipal
corporation of the State of Arizona
by by
Douglas C. Kennedy, President
Michael A. Reuwsaat, Town Manager
Approved by the Director of Public
Works/Town Engineer of the Town of
Marana
__ day of
Attest:
,2004
Jocelyn Bronson, Town Clerk
{00000312.DOC/} 2
STATE OF ARIZONA )
) SS:
County of Pima )
The foregoing instrument was ac ~knowledged before me this day of ,2004, by
DOUGLAS C. KENNEDY, President of DCK PROPERTIES, INC., an Arizona corporation.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) SS:
County of Pima )
The foregoing instrument was acknowledged before me this __
MICHAEL A. REUWSAAT, Town Manager of the TOWN
corporation of the State of Arizona.
day of
OF MARANA,
., 2004, by
a municipal
My Commission Expires:
Notary Public
{00000312.DOC/} 3
DEED OF ABANDONMENT
The Town of Marana, an Arizona municipal corporation, hereby exchanges and abandons in
favor of DCK INVESTMENTS, INC., an Arizona corporation, pursuant to A.R.S. § 9-407, A.R.S.
§ 28-7201, et seq., and Town of Marana Ordinance No. 2004.21, the following described real
property situated in Pima County, Arizona.
SEE LEGAL DESCRIPTION ATTACHED TO THIS INSTRUMENT AS
EXHIBIT E AND INCORPORATED HERE BY THIS REFERENCE
RESERVING a permanent drainage easement over the following described real property:
SEE LEGAL DESCRIPTION A'I-I'ACHED TO THIS INSTRUMENT AS
EXHIBIT F AND INCORPORATED HERE BY THIS REFERENCE
FURTHER RESERVING an easement pursuant to A.R.S. § 28-7210 for the following as they
existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and
appurtenances, (b)canals, laterals or ditches and appurtenances and (c) electric, telephone
and similar lines and appurtenances.
FURTHER RESERVING, pursuant to A.R.S. § 28-7215 (A), rights of ingress and egress for public
or emergency vehicles, all property owners, property owner guests and invitees and persons
lawfully conducting business on the land over any portion of the abandoned property if and to
the extent any land adjoining the abandoned roadway is left without a public or private legal
access connecting the land with an established public roadway.
Dated ,200__.
TOWN OF MARANA, ARIZONA
ATTEST:
Bobby Sutton, Jr., Mayor
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
STATE OF ARIZONA )
County of Pima ) ss.
This instrument was acknowledged before me on
Mayor, on behalf of the Town of Marana.
Frank Cassidy, Town Attorney
,200_, by Bobby Sutton, Jr.,
My Commission Expires:
Notary Public
(EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. § 11-1134 (A) (3).)
{00000255.DOC/} Exhibit J to Exchange Agreement