HomeMy WebLinkAboutOrdinance 2000.04 Dove Mountain specific plan
F. ANN RODRIGUEZ f RECORDER
RECORDED BY: HEM
DEPUTY RECORDER
2057 ROOD
DOCKET: 11267
PAGE: 1872
NO. OF PAGES: 10
SEQUENCE: 20000630420
03/31/2000
ORDIN 16:18
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SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 10.50
MARANA ORDINANCE NO. 2000.04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, COMBINING THE REDHA WK SPECIFIC PLAN, DOVE MOUNTAIN SPECIFIC
PLAN I AND DOVE MOUNTAIN SPECIFIC PLAN II, AND RENAMING THOSE SPECIFIC
PLANS COLLECTIVELY AS "DOVE MOUNTAIN SPECIFIC PLAN", AND ADOPTING THE
DOVE MOUNTAIN SPECIFIC PLAN AS THE ZONING FOR THE PROPERTY CONTAINED
THEREIN AND SITUATED WITHIN PORTIONS OF SECTIONS 12, 14, 15,16,21,22,23,24,
25,26 AND 35, TOWNSHIP 11 SOUTH, RANGE 12 EAST, AND PORTIONS OF SECTIONS
7,8, 18 AND 19, TOWNSHIP 11 SOUTH, RANGE 13 EAST.
WHEREAS, on May 22, 1989, the Marana Town Council through Ordinance No. 89.22
adopted the Torto1ita Mountain Properties Specific Plan and amended that specific plan from time
to time; and
WHEREAS, on December 17, 1996, the Council through Ordinance No. 96.46 amended the
Tortolita Mountain Properties Specific Plan and renamed it as the RedHawk Specific Plan; and
WHEREAS, on November 4, 1997, the Council through Ordinance Nos. 97.32 and 97.33
amended the RedHawk Specific Plan and separated therefrom two pieces of property and renamed
them as Dove Mountain Specific Plan I and Dove Mountain Specific Plan II (collectively the
"Existing Specific Plans"); and
WHEREAS, the master developer, Cottonwood Properties, wishes to aggregate all of the
property within the Existing Specific Plans under one specific plan called the Dove Mountain
Specific Plan; and
WHEREAS, the proposed Dove Mountain Specific Plan was made a public record by the
Council's adoption of Resolution No. 2000-34, on March 28,2000, and the plan is incorporated by
this reference as if fully set forth herein, and three copies of the plan are in the office of the Town
Clerk, and said plan contains a legal description of all ofthe property contained in the plan area; and
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WHEREAS, the Council has previously determined that development in accordance with the
Existing Specific Plans is in the best interests of the Town; and
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WHEREAS development in accordance with the Existing Specific Plans has been impaired
by the federal government's declaration that approximately 4,300 acres covered by the Existing
Specific Plans are critical habitat for the pygmy owl, an endangered species; and
Marana, Arizona Ordinance 2000.04
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WHEREAS, the master developer has sought to obtain necessary approvals from the federal
government to proceed with development of areas covered by the Existing Specific Plans by
specifically requesting a biological opinion from the U.S. Fish and Wildlife Service and approval
of an individual permit from the Army Corps of Engineers (collectively the "Federal Permits"); and
WHEREAS, the provisions in the proposed Dove Mountain Specific Plan for modifying the
alignment of Dove Mountain Boulevard, reducing the maximum number of residences from 13,362
to 9,159 and modifying the land use categories in the area west of Wild Burro Wash (collectively
the "Mitigation Measures") were identified by the U.S. Fish and Wildlife Service as measures the
Applicant could take to substantially minimize environmental impacts associated with proposed
development activity; and
WHEREAS, in order to obtain the Federal Permits so that development can proceed, the
Applicant has now incorporated the Mitigation Measures into the proposed Dove Mountain Specific
Plan in expectation that the federal government will then approve the Federal Permits; and
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WHEREAS, it is in the Town's interest to have the development proceed, either by issuance
of the Federal Permits (without interruption by litigation regarding the Federal Permits) or by the
Applicant notifying the Town that the Applicant consents to imposition ofthe Mitigation Measures
as part of the Dove Mountain Specific Plan without regard to the Federal Permits; and
WHEREAS, the Marana Planning Commission held a public hearing on the proposed Dove
Mountain Specific Plan and the zoning changes that would be implemented thereby on February 23,
2000, and after hearing from town staff, the master developer and the public, the Commission voted
to recommend that the Town Council adopt the proposed plan; and
WHEREAS, the Town Council of the Town of Marana held another public hearing on the
proposed Dove Mountain Specific Plan and the zoning changes that would be implemented thereby
on March 28, 2000, to obtain input from the master developer, town staff, and the public, and finds
that the adoption ofthe proposed Dove Mountain Specific Plan is in the best interests ofthe residents
of the Town of Marana.
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
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Section 1: The Dove Mountain Specific Plan, made a public record by Resolution No.
2000-34, and incorporated herein by this reference, is hereby adopted.
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Section 2: The following provisions are added to the Dove Mountain Specific Plan
adopted hereunder:
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1. The master developer shall submit to the Town Engineer, for the Town Engineer's approval,
a traffic impact analysis ("TIA") ofthe entire specific plan area, prior to the Town approving
the Dove Mountain West Block Plat.
2. The TIA shall identify any roadway deficiencies, and the master developer shall pay for any
improvements necessary to mitigate those deficiencies.
3. The Specific Plan shall be recorded in the office ofthe Pima County Recorder at the expense
of the master developer.
4.
All aspects ofthe Dove Mountain Specific Plan shall go into effect 30 days after adoption
of this Ordinance except the Mitigation Measures, which shall go into effect only upon the
earlier of (i) notification from the Applicant to the Town Planning Director that Federal
Permits have been issued and development can proceed in reliance on the Federal Permits
without interruption by litigation, or (ii) the Applicant affirmatively notifying the Town
Planing Director that the Applicant consents to imposition ofthe Mitigation Measures as part
ofthe Dove Mountain Specific Plan without regard to the Federal Permits. Upon receipt of
either of such notifications from the Applicant set forth above, the Town Planning Director
shall notify the Town Clerk that the Mitigation Measures in the Dove Mountain Specific
Plan are thereafter in full force and effect.
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Section 3: All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed,
effective as of the effective date of this Ordinance.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council ofthe Town ofMarana, Arizona, this
28fu day of March, 2000. . 2' ~r
ATTEST: \/V,,\ M~ B SUTTON, JR.
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Marana, Arizona Ordinance 2000.04
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2004.04v3.XXX.wpd
APPROVED AS TO FORM:
~AO g//-zJl
aniel J. Hochuli, as
Town Attorney and
not personally
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Marana, Arizona Ordinance 2000.04
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2004.04v3.XXX.wpd
ExhibitA
LEGAL DESCRIPTION
COTTONWOOD PROPERTIES
OPW JOB NO. 96013-102
ALL OF THOSE PORTIONS OF SECTIONS 13,14, 15, 16,21,22,23,24,25,26,35 AND 36 OF
TOWNSHIP 11 SOUTH, RANGE 12 EAST, AND SECTIONS 7, 8 17, 18 AND 19 OF
TOWNSHIP 11 SOUTH, RANGE 13 EAST, G&SRBM, PIMA COUNTY, ARIZONA, MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, THENCE N 000 07' 05"
E, ALONG THE EAST LINE OF SECTION 35, A DISTANCE OF 50.00 FEET TO A POINT 50.00
FEET NORTH OF THE SOUTH LINE OF SECTION 36, SAID POINT BEING THE TRUE
POINT OF BEGINNING;
THENCE N 89058' 51" W, ALONG THE NORTH RIGHT-OF-WAY OF TANGERINE ROAD,
ALONG A LINE 50.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
SECTION 35, A DISTANCE OF 1134.21 FEET TO A POINT;
THENCE N 00007' 05" E, PARALLEL TO THE EAST LINE OF SECTION 35, A DISTANCE OF
2586.06 FEET TO A POINT;
THENCE S 890 10' 36" W, A DISTANCE OF 350.64 FEET TO A POINT;
THENCE N 00007' 05" E, PARALLEL TO THE EAST LINE OF SECTION 35, A DISTANCE OF
2727.76 FEET TO A POINT;
THENCE N 89010' 36" E, 75.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SECTION 26, A DISTANCE OF 160.08 FEET TO A POINT;
THENCE N 00001' 50" W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTbR OF SECTION 26, A DISTANCE OF 1244.89 FEET TO A POINT;
THENCE N 890 27' 00" E, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 26, A DISTANCE OF 1324.72 FEET TO THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 26;
THENCE N 00001' 40" W, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 26, A DISTANCE OF 1313.58 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 26;
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THENCE N 00000' 22" W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 25, A DISTANCE OF 2634.94 FEET TO THE NORTHWEST CORNER OF SECTION '
25; t$
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THENCE N 00001' 15" E, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 24, A DISTANCE OF 1320.25' TO A POINT;
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THENCE S 89038' 31" W, A DISTANCE OF 2649.76 FEET TO A POINT;
THENCE S 89052' 05" W, A DISTANCE OF 2634.06 FEET TO A POINT ON THE WEST LINE
OF THE SOUTHWEST QUARTER OF SECTION 23;
THENCE N 89057' 26" W, A DISTANCE OF 2633.48 FEET TO A POINT;
THENCE N 890 57' 25" W, A DISTANCE OF 2634.49 FEET TO A POINT ON THE WEST LINE
OF THE SOUTHWEST QUARTER OF SECTION 22;
THENCE N 000 05' 36" W, A DISTANCE OF 1318.42 FEET TO THE WEST QUARTER
CORNER OF SECTION 22;
THENCE N 890 48' 34" W, A DISTANCE OF 5276.90 FEET TO THE WEST QUARTER
CORNER OF SECTION 21;
THENCE N 000 01' 56" E, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 21, A DISTANCE OF 2634.58 FEET TO THE NORTHWEST CORNER OF SECTION
21 ;
THENCE N 00000' 49" E, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 16, A DISTANCE OF 800.79 FEET TO A POINT;
THENCE N 450 00' 00" E, A DISTANCE OF 1594.41 FEET TO A POINT;
THENCE NORTH, A DISTANCE OF 1015.18 FEET TO A POINT;
THENCE N 300 00' 00" E, A DISTANCE OF 800.00 FEET TO A POINT;
THENCE S 30000' 00" E, A DISTANCE OF 745.00 FEET TO A POINT;
THENCE N 60000' 00" E, A DISTANCE OF 1206.70 FEET TO A POINT;
THENCE EAST, A DISTANCE OF 700.00 FEET TO A POINT;
THENCE S 300 00' 00" W, A DISTANCE OF 850.00 FEET TO A POINT;
THENCE S 600 00' 00" E, A DISTANCE OF 250.00 FEET TO A POINT;
THENCE N 60000' 00" E, A DISTANCE OF 1300.00 FEET TO A POINT;
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THENCE S 30000' 00" E, A DISTANCE OF 800.00 FEET TO A POINT;
THENCE EAST, A DISTANCE OF 325.86 FEET TO A POINT ON THE EAST LINE OF
SECTION 16 FROM WHICH THE EAST QUARTER CORNER BEARS S 00014' 16" E, AT A
DISTANCE OF 79.35 FEET;
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THENCE EAST, A DISTANCE OF 229.27 FEET TO A POINT;
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THENCE N 60000' 00" E, A DISTANCE OF 900.00 FEET TO A POINT;
THENCE NORTH, A DISTANCE OF 273.90 FEET TO A POINT;
THENCE N 450 00' 00" W, A DISTANCE OF 521.85 FEET TO A POINT;
THENCE N 30000' 00" E, A DISTANCE OF 1179.16 FEET TO A POINT;
THENCE S 300 00' 00" E, A DISTANCE OF 400.00 FEET TO A POINT;
THENCE EAST, A DISTANCE OF 2534.54 FEET TO A POINT;
THENCE S 30000' 00" W, A DISTANCE OF 1469.06 FEET TO A POINT;
THENCE S 45000' 00" W, A DISTANCE OF 1000.00 FEET TO A POINT;
THENCE S 300 00' 00" E, A DISTANCE OF 600.00 FEET TO A POINT;
THENCE EAST, A DISTANCE OF 850.00 FEET TO A POINT;
THENCE N 450 00' 00" E, A DISTANCE OF 900.00 FEET TO A POINT;
THENCE EAST, A DISTANCE OF 700.00 FEET TO A POINT;
THENCE S 60000' 00" E, A DISTANCE OF 293.91 FEET TO A POINT ON THE EAST LINE OF
SECTION 15 FROM WHICH THE EAST QUARTER CORNER OF SECTION 15 BEARS N 000
05' 20" E, AT A DISTANCE OF 144.55 FEET;
THENCE S 60000' 00" E, A DISTANCE OF 369.55 FEET TO A POINT;
THENCE N 60000' 00" E, A DISTANCE OF 1065.48 FEET TO A POINT;
THENCE NORTH, A DISTANCE OF 1500.00 FEET TO A POINT;
THENCE N 450 00' 00" E, A DISTANCE OF 1100.00 FEET TO A POINT;
THENCE S 60000' 00" E, A DISTANCE OF 2683.43 FEET TO A POINT;
THENCE S 450 00' 00" W, A DISTANCE OF 1982.42 FEET TO A POINT;
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THENCE EAST, A DISTANCE OF 1902.26 FEET TO A POINT;
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THENCE- S 300 00' 00" W, A DISTANCE OF 2402.25 FEET TO A POINT;
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THENCE S 30021' 17" E, A DISTANCE OF 298.00 FEET TO A POINT ON THE NORTH LINE
OF SECTION 23 FROM WHICH THE NORTH QUARTER CORNER OF SECTION 23 BEARS
S 89032' 18" W, AT A DISTANCE OF 1164.39 FEET;
THENCE S 300 00' 00" E, A DISTANCE OF 1900.00 FEET TO A POINT;
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THENCE S 60000' 00" E, A DISTANCE OF 614.88 FEET TO A POINT ON THE EAST LINE OF
THE NORTHEAST QUARTER OF SECTION 23;
THENCE S 000 06' 46" E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 23, A DISTANCE OF 6.01 FEET;
THENCE N 300 00' 00" E, A DISTANCE OF 721.58 FEET TO A POINT;
THENCE N 000 06' 46" W, A DISTANCE OF 1344.45 FEET TO A POINT ON THE NORTH
LINE OF THE NORTHWEST QUARTER OF SECTION 24;
THENCE S 600 00' 00" E, A DISTANCE OF 1734.26 FEET TO A POINT;
THENCE SOUTH, A DISTANCE OF 877.86 FEET TO A POINT;
THENCE S 60000' 00" E, A DISTANCE OF 900.00 FEET TO A POINT ON THE EAST LINE OF
THE NORTHWEST QUARTER OF SECTION 24;
THENCE N 00000' 49" W, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SECTION 24, A DISTANCE OF 2185.84 FEET TO THE NORTH QUARTER CORNER OF
SECTION 24;
THENCE S 89049' 06" E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SECTION 24, A DISTANCE OF 1321.59 FEET TO A POINT;
THENCE N 000 06' 13" E, ALONG THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 13, A DISTANCE OF 2637.95 FEET TO A POINT;
THENCE S 89044' 50" E, A DISTANCE OF 1323.19 FEET TO THE WEST QUARTER CORNER
OF SECTION 18;
THENCE N 000 07' 12" E, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 18, A DISTANCE OF 2325.99 FEET TO THE NORTHWEST CORNER OF SECTION
18;
THENCE N 000 07' 12" E, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 7, A DISTANCE OF 314.65 FEET TO THE EAST QUARTER CORNER OF SECTION
12;
THENCE N 000 07' 56" E, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 7, A DISTANCE OF 2322.68 FEET TO THE WEST QUARTER CORNER OF
SECTION 7;
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THENCE S 89058' 35" E, ALONG THE NORTH LINE OF THE SOUTH HALF OF SECTION 7, 8
A DISTANCE OF 5175.62 FEET TO THE EAST QUARTER CORNER OF SECTION 7; 'f
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THENCE S 00008' 14" W, ALONG THE EAST LINE OF THE SOUTH HALF OF SECTION 7,
A DISTANCE OF 1317.89 FEET TO A POINT;
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THENCE N 89047' 25" E, A DISTANCE OF 1323.17 FEET TO A POINT;
THENCE N 000 09' 54" E, A DISTANCE OF 1317.86 FEET TO A POINT;
THENCE N 89047' 31" E, A DISTANCE OF 1323.80 FEET TO THE CENTER QUARTER
CORNER OF SECTION 8;
THENCE S 000 11' 33" W, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF
SECTION 18, A DISTANCE OF 2635.65 FEET TO THE SOUTH QUARTER CORNER OF
SECTION 18;
THENCE S 00007' 41" W, A DISTANCE OF 659.47 FEET TO A POINT;
THENCE S 89048' 09" W, A DISTANCE OF 1322.63 FEET TO A POINT;
THENCE S 00008' 08" W, A DISTANCE OF 659.15 FEET TO A POINT;
THENCE S 89048' 59" W, A DISTANCE OF 1322.71 FEET TO A POINT ON THE WEST LINE
OF THE NORTHWEST QUARTER OF SECTION 17;
THENCE S 00008' 36" W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 17, A DISTANCE OF 1317.68 FEET TO THE EAST QUARTER CORNER OF
SECTION 18;
THENCE S 000 09' 34" W, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 18, A DISTANCE OF 2640.53 FEET TO THE SOUTHEAST CORNER OF SECTION
18;
THENCE S 000 10' 24" W, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 19, A DISTANCE OF 2637.52 FEET TO THE EAST QUARTER CORNER OF
SECTION 19;
THENCE S 00004' 12" W, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 19, A DISTANCE OF 2636.21 FEET TO THE SOUTHEAST CORNER OF SECTION
19;
THENCE S 89050' 47" W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 19, A DISTANCE OF 2636.39 FEET TO THE SOUTH QUARTER CORNER OF
SECTION 19;
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. THENCE S 890 59' 56" W, ALONG TIffi SOUTH LINE OF THE SOUTHWEST QUARTER OF
SECTION 19, A DISTANCE OF 2542.16 FEET TO TIffi SOUTHWEST CORNER OF SECTION
19;
THENCE S 000 02' 54" E, ALONG TIffi EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 25, A DISTANCE OF 2310.70 FEET TO THE EAST QUARTER CORNER OF
SECTION 25;
THENCE S 00002' 54" E, ALONG TIffi WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 30, A DISTANCE OF 324.94 FEET TO THE WEST QUARTER CORNER OF
SECTION 30;
THENCE S 000 02' 31" W, ALONG THE EAST LINE OF TIffi SOUTIffiAST QUARTER OF
SECTION 25, A DISTANCE OF 2240.71 FEET TO A POINT 75.00 FEET NORTH OF THE
SOUTH LINE OF SECTION 25;
THENCE N 89043' 06" W, 75.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE
OF SECTION 25, A DISTANCE OF 4667.69 FEET ON A CURVE ON THE SOUTHEAST
RIGHT-OF WAY OF DOVE MOUNTAIN BL VD.(FORMERL Y REDHA WI( BOULEVARD) AS
RECORDED IN DOCKET 10293 AT PAGE 1013, FROM WHICH THE RADIUS BEARS S 410
03' 46" E;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, WHICH HAS A RADIUS OF
1525.00 FEET AND A CENTRAL ANGLE OF 48049' 08", AN ARC LENGTH OF 1299.38 FEET
TO A POINT OF TANGENCY;
THENCE S 00007' 05" W, PARALLEL TO AND 75.00 FEET EAST OF THE EAST LINE OF
SECTION 35, A DISTANCE OF 4180.87 FEET TO A POINT 50.00 FEET NORTH OF THE
SOUTH LINE OF SECTION 36;
THENCE WEST, ALONG A LINE 50.00 FEET NORTH OF AND PARALLEL TO THE SOUTH
LINE OF SECTION 36, A DISTANCE OF 75.00 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 5589.3 ACRES, MORE OR LESS.
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REL:lh
March 22, 2000
960 13\legals\totalacr.lgl
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