HomeMy WebLinkAboutResolution 2001-028 development agreement with dr horton incMARANA RESOLUTION NO. 2001z28 ~
A RESOLUTION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH D. R. HORTON, INC.
WHEREAS, the growing population of the Town of Marana places increasing demand upon
the existing public infrastructure in the region; and
· . ' ' ' and public parks, to
WHEREAS, the Town desires to develop new roads, drainage factht~es
meet the demands that are placed upon the Town's facilities as a consequence of increasing
population and the proportionate increase in public infrastructure usage brought about by new
growth; and
WHEREAS, the Town and the residents of Silverbell Place Subdivision being developed by
D. R. Horton, Inc. will jointly benefit from the development of new road, drainage facilities and
public park projects; and
WHEREAS, it is in the best interest of the citizens of the Town of Marana to improve the
capacity of the Town's existing public roads, drainage facilities and parks through the development
of additional public facilities thereon.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Mayor is authorized to execute a Development Agreement with D. R.
Horton, Inc. for the purposes of establishing a contribution program to fund future public
infrastructure facilities in the vicinity of the Silverbell Place subdivision.
Page 1 of 2
Marana, Arizona Resolution No. 2001-28
PASSED AND ADOPTED by the Mayor and Council of the Town
20th day of February 2001.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney and not personally
of Marana, Arizona, this
Page 2 of 2
Marana, Arizona Resolution No. 2001-28
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: VL~
DE~ Y RECORDER
7995 ROOC
DOCKET: 11511
PAG- 1714
NO. J PAGES: 18
SEQUENCE: 20010560457
03/22/2001
AG 14:49
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 14.50
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT by and between the Town of Maran a,
Arizona, a municipal corporation ("Municipality") and D.R. Horton, Inc., a Delaware
corporation ("Owner") is entered into as of the ~ day of February, 2001.
.
WIT N E SSE T H:
WHEREAS, Owner is the owner of that certain portion of Silverbell Place
commonly known as the R-6 Parcel and the R-7 Parcel and depicted on the map
attached as Exhibit "A" and legally described in Exhibit "B" attached hereto and
incorporated herein by this reference ("Property");
WHEREAS, D.C.K. Investments, Inc., an Arizona corporation ("DCK") is the
owner of that certain portion of Silverbell Place commonly known as the R-144
Parcel, the R-36 Parcel, the NC Parcel and the Park Parcel and depicted on the map
attached as Exhibit "A" and legally described in Exhibit "c" attached hereto and
incorporated herein by this reference ("DCK Property");
WHEREAS, Municipality and Owner are authorized by A.R.S. S 9-500.05 to
enter into development agreements;
WHEREAS, Municipality and Owner acknowledge and agree that the
development of the Property pursuant to this Agreement will result in planning and
economic benefits to the Municipality and its residents by (i) assuring the orderly
development of the Property, consistent with the Municipality's General Plan, (ii)
increasing revenues to Municipality based upon, among other things, the construction
of improvements on the Property and the distribution of State shared revenues to the
Municipality, and (iii) creating jobs through the development of the Property; and
Municipality and Owner further acknowledge and agree that the development of the
Property pursuant to this Agreement will benefit Owner;
~
i
,-
J
~
...
1
1
~
.
.::1
C:\temp\-9421199.wpd
1
ORIGINAL 1 OF 2
/
WHEREAS, the Mayor and Council of the Municipality have authorized the
execution of this Agreement;
WHEREAS, DCK and Municipality shall enter into a separate development
agreement with respect to the DCK Property;
NOW, THEREFORE, in consideration of premises and the mutual covenants
contained herein, the parties hereto agree as follows:
1 DEFINITIONS.
1.1 Definitions. When used in this Agreement, the following terms shall
have the following meanings unless otherwise specifically defined.
"Agreement" shall mean this Development Agreement entered into by and
between Owner and Municipality.
"DCK" See Recitals.
"DCK Property" See Recitals.
"Effective Date" See Section 2.1.
"Impact Fees" shall mean development fees imposed pursuant to A.R.S.~ 9-
463.05.
"Municipality" shall mean the Town of Marana, Arizona, a municipal
corporation.
"Owner" shall mean D.R. Horton, Inc., a Delaware corporation.
"Park Parcel" See Section 3.5.
"Property" See Recitals.
J
i
,;,
1
2
EFFECTIVE DATE, EFFECT, DURATION AND AMENDMENT.
,-
::J:
C:\temp\-9421199.wpd
2
2.1 Effective Date. This Agreement shall become effective upon execution
of this Agreement by the Owner and Municipality, and its recordation
in the offices of the Pima County Recorder.
2.2 Effect. This Development Agreement shall constitute that certain
development agreement that is required as a condition of zoning and that
satisfies the requirements of that certain letter dated December 13, 1999,
from James R. DeGrood, P.E., Interim Development Services
Administrator, Town of Marana, to Mr. Doug Kennedy, Jersey
Properties Co., L.L.C., with respect to the Property. The parties
acknowledge that the Municipality has entered into an
intergovernmental agreement with Pima County to improve Silverbell
Road and the Municipality is now developing plans for improving, and
intends to improve, Silverbell Road and the wash crossing adjacent to
the Property. The provisions ofthis Development Agreement are hereby
understood and agreed by the parties to satisfy all of the applicable
conditions of zoning. Upon recordation of a final plat for the Property
or a portion thereof, the zoning with respect to such portion of the
Property platted shall become final and fully vested notwithstanding the
fact that other portions of the Property or all or portions of the DCK
Property have not yet been platted.
2.3 Duration. This Agreement shall continue in full force and effect from
the Effective Date for a period often (10) years thereafter unless sooner
canceled or extended by mutual agreement of Municipality and Owner
or amended as provided herein.
2.4 Amendment. Pursuant to A.R.S. ~ 9-500.05(C) this Agreement may be
amended or canceled, in whole or in part, by mutual consent of
Municipality, Owner or their successors-in-interest, owning collectively
more than one-half of the acreage in the Property (excluding the Park
Parcel).
~
,
3
DEVELOPMENT OF PROPERTY.
3.1 Ina Road/Silverbell Road Improvements. Municipality is in the
process of improving the road improvements at the intersection of Ina
1
6
C:\temp\-9421199.wpd
3
Road and Silverbell Road ("Intersection Improvements"). Owner's
contribution toward the Intersection Improvements shall be satisfied by
payment of any and all Impact Fees assessed by the town, however if
permitted by law, Owner's payment of impact fee shall be due and
payable upon sale and closing of each residential unit, and not issuance
of building permit.
3.2 Silverbell Road 1m provements; Wash Crossing 1m provements. The
parties acknowledge that the Municipality is currently designing
improvements to Silverbell Road, including crossing the unnamed wash
adjacent to the Property so as to convey the entire 100-year flow event
beneath Silverbell Road and thus providing all-weather access to the
Cortaro Road/Silverbell Road intersection (collectively "Silverbell
Improvements"). Owner shall be responsible for the full cost of design
and construction of deceleration and left turn lanes for both of the
entrances into the Property from Silverbell Road. In the event the
Municipality designs and/or constructs such lanes, Owner shall
forthwith reimburse the Municipality the Municipality's expenses for
such design and/or construction. Inasmuch as the Silverbell
Improvements (including all governmental permitting) may be
completed by the Municipality, the Municipality agrees that it shall not
withhold plat, improvement plan or other approvals or grading, building
or other permits based upon the fact that the Silverbell Improvements
have not been completed or reached a certain stage of completion,
provided such delay in completion is not within the control of Owner.
3.3 Park Impact Fees. Owner understands that the Municipality is
considering adoption of an impact fee ordinance pursuant to authority
granted by A.R.S. ~ 9-463.05 with respect to park, recreation or similar
needs of Municipality (collectively "Park Impact Fees"). The parties
acknowledge that Owner and/or D.C.K. Investments, Inc. has dedicated
an approximately twenty-five (25) acre parcel of land to the
Municipality to be used for parks and recreation uses, and that D.C.K.
Investments has obtained an appraisal of such twenty-five (25) acre
property in the amount of approximately Nine Hundred Thousand
($900,000.00) Dollars. In consideration for the dedication of the
twenty-five (25) acre parcel, Municipality hereby agrees not to assess
~
,
~
i
!
...
~
,
...
r
C:\temp\-9421199.wpd
4
any Park Impact Fees (or similar fees) against the Property or any
portion thereof for a period commencing immediately and ending on
December 31, 2005.
3.4 Dedications. Owner shall make those dedications to the Municipality
of portions of the Property for Silverbell Road as shown on the tentative
plat for the Property approved by the Town of Marana Planning and
Zoning Commission. In addition, Owner shall cooperate in causing
DCK to dedicate to the Municipality portions of the DCK Property for
the widening of Silverbell Road, and has caused DCK to dedicate to
Municipality the approximately twenty-five (25) acre portion of the
DCK Property located easterly of the Property for a public park ("Park
Dedication"). Such dedications shall be accomplished by dedication on
a subdivision plat of the Property.
3.5 Retention/Detention and Park Requirements. Municipality
acknowledges and agrees that all retention/detention and public and
private parks or recreation requirements needed in connection with the
development ofthe Property shall be waived by Municipality and Owner
shall pay to Municipality in lieu of such requirements an in-lieu fee of
Two Hundred Sixty ($260.00) Dollars per lot upon the sale and closing
of each lot. The cost of construction of any and all such
retention/detention and all parks and recreation facilities shall be the
sole obligation of the Municipality.
3.6 Silverbell Right-of-Way Abandonment. In connection with the
widening of Silverbell Road, Owner shall dedicate portions of the
Property to Municipality pursuant to Section 3.4 of this Agreement and
Municipality hereby agrees to abandon and convey to Owner all of that
property between the Property and the western right-of-way line of
Silverbell Road upon realignment of Silverbell Road, as permitted by
law. Municipality and Owner acknowledge that the tentative plat
submitted to the Mayor and Council of Municipality shall designate
such abandoned areas together with certain portions of the existing
Property as Block A and Block B. The parties acknowledge, intend, and
agree that Block A and Block B, upon completion of the aforementioned
abandonment, shall become residential building lots and shall be treated
.
i
"
i
"
i
1
1
...
=::i
C:\temp\-9421199.wpd
5
in all respects the same as any other lot within the Property.
Municipality agrees to process and approve the tentative plat and final
plat anticipating the aforementioned abandonment and Municipality
agrees not to delay the platting process or refuse to approve the tentative
plat or final plat due to the fact that the aforementioned abandonment
may not yet be complete.
4 REPRESENTATIONS, WARRANTIES AND COVENANTS OF
MUNICIPALITY.
4.1 General. The Municipality represents, warrants and covenants to
Owner as follows:
4.1.1 Consistency with Plan. This Development Agreement is
consistent with Municipality's general plan and specific plan, if
any, as defined in A.R.S. S 9-461, applicable to the Property on
the date this Agreement is executed.
4.1.2 Conformance with this Agreement. This Agreement and the
action to be taken pursuant hereto is in accordance with the
Zoning Code, Subdivision Regulations and all other rules,
regulations and ordinances of Municipality.
4.1.3 Authority. Municipality has full power and authority to enter
into this Agreement and any other documents contemplated by
this Agreement and to carry out its obligations hereunder and
thereunder, and the persons executing this Agreement in behalf
of Municipality are duly authorized so to do.
4.1.4 Satisfaction of Zoning Conditions. Municipality agrees that this
Development Agreement, together with the final plat and Park
Dedication (as defined in Section 3.4 hereof) satisfy the
conditions of zoning applicable to the Property (as defined in the
Recitals hereof) as set forth in Marana Ordinance No. 99.26
adopted by the Mayor and Council of the Town of Marana on
November 16, 1999.
ii
...
1
i
1
~
.
N/
C:\temp\-9421199.wpd
6
5 REPRESENTATIONS, WARRANTIES AND COVENANTS OF
OWNER.
5.1 General. The Owner represents, warrants and covenants to
Municipality as follows:
5.1.1 Title. Owner is the owner of the Property.
5.1.2 Authority. Owner has full power and authority to enter into this
Agreement and any other documents contemplated by this
Agreement and to carry out its obligations hereunder and
thereunder, and the persons executing this Agreement in behalf
of Owner are duly authorized so to do.
6 OTHER PROVISIONS.
6.1 Notices. Any notice to be given or served (and any election to be made
or delivered) upon any party hereto in connection with this Agreement
must be in writing and shall be deemed to have been given and received
(or made and delivered) three (3) days after a Certified or Registered
letter containing such notice (or election), properly addressed, with
postage prepaid, is deposited in the United States mail; and, if given
otherwise than by Registered or Certified mail, it shall be deemed to
have been given (or made) when delivered to and received by the party
to whom it is addressed. Such notice shall be given to the parties at the
following addresses:
OWNER
D.R. Horton Homes, Inc.
5255 E. Williams Cr., #1030
Tucson,PLl 85711
Attn: Louis L. Turner
Phone: (520)790-6005
Fax: (520)790-6550
1
,......
1
With required copies to:
="J:
.%-
C:\temp\-9421199.wpd
7
The Lenihan Law Firm, P.C.
1050 E. River Rd., #300
Tucson,PLZ 85718
Attn: Stephen J. Lenihan, Esq.
Phone: (520)293-1702
Fax: (520)293-0539
MUNICIPALITY
Town of Marana
13251 N. Lon Adams Rd.
Marana, AZ 85653
Attn: Mike Hein, Town Manager
Phone: (520) 682-3401
Fax: (520) 682-2654
With required copies to:
Daniel J. Hochuli
Daniel J. Hochuli & Associates, P.C.
Marana Town Attorney
220 E. Wetmore Road, Suite 110
Tucson, AZ 85705
Phone: (520) 623-1461
Fax: (520) 293-2793
A party may change the address at which the party shall receive notice
pursuant to this Agreement by giving written notice of such new address in the
same manner as any other notice shall be given in accordance with this section.
6.2 Binding Effect. This Agreement shall run with the Property. The
burdens of this Agreement are binding on and the benefits of this
Agreement inure to, the parties to this Agreement and to all their
successors in interest and assigns pursuant to the provisions of A.R.S.
9 9-500.05.
~
...
~
...
=./
,,;-
C:\temp\-9421199.wpd
8
6.3 Attorneys' Fees. If any party defaults hereunder the defaulting party
shall pay the other party's reasonable attorneys' fees, expert witness
fees, deposition and trial transcript costs and cost of court and other
similar costs or fees paid or incurred by the other party by reason of or
in connection with the default (whether or not legal or other proceedings
are instituted). In the event any party hereto finds it necessary to bring
an action at law or other proceeding against any other party to enforce
any of the terms, covenants or conditions hereof or any instrument
executed pursuant to this Agreement, or by reason of any breach
hereunder, the party prevailing in any such action or other proceeding
shall be paid all costs and reasonable attorneys' fees by the other party,
and in the event any judgment is secured by such prevailing party, all
such costs and attorneys' fees shall be included in any such judgment,
attorneys' fees to be set by the court and not by jury. In the event of an
alleged default, the parties shall employ a mutually agreed upon
arbitrator or, if a single arbitrator is not mutually agreeable, then each
side shall select an arbitrator and the two (2) so selected shall select a
third individual who shall constitute a three (3) person panel to arbitrate
the matter.
6.4 Indemnification. Each party hereto shall indemnify and hold the other
forever harmless from any damages, costs, expenses, claims, causes of
action and losses, including consequential damages, resulting from
breach by the indemnifying party of any or all of the warranties,
representations or covenants contained herein.
6.5 Captions. The article and section headings appearing in this Agreement
are inserted as a matter of convenience and are for reference purposes
only, and in no way control or affect the meaning or construction of any
of the provisions hereof.
6.6 Cross Reference. Any reference in this Agreement to an "Article," a
"Section," or "Subsection" shall be construed, respectively, as referring
to the article, section or subsection of this Agreement in which the
reference appears.
.
...
ii
.i.
I
2
C:\temp\-9421199.wpd
9
6.7 Exhibits. The exhibits to this Agreement are fully incorporated herein
as if set forth at length in the body of this Agreement.
6.8 Governing Law. This Agreement has been entered into in the State of
Arizona, and all questions with respect to this Agreement and the rights
and liabilities of the parties hereto shall be governed by the laws of the
State of Arizona, except as otherwise set forth herein, and venue for any
legal action shall be in Pima County.
6.9 No Partnership; Third Parties. It is not intended by this Agreement
to, and nothing contained in this Agreement shall, create any
partnership, joint venture or other arrangement between the parties
hereto. No term or provision of this Agreement is intended to, or shall,
be for the benefit of any person, firm, organization or corporation not a
party hereto, and no such other person, firm, organization or corporation
shall have any right or cause of action, except as specifically set forth
herein.
6.10 Terminology. Whenever the context so requires, in this Agreement, the
masculine gender includes the feminine and/or neuter and the singular
number includes the plural. The use herein of the words "including" or
"include" when following any statement, term or matter shall not be
construed to limit such statement, term or matter to those specific terms
or matters, or similar terms or matters, set forth immediately following
such statement, term or matter, whether or not non-limiting language
(such as "without limitation" or "but not limited to" or words of similar
import) is used with reference thereto.
6.11 Time of Essence. Time is of the essence of this Agreement; however,
in the event the provisions of this Agreement require any act to be done
or action to be taken hereunder on a date, or on or before a date, which
is a Saturday, Sunday or legal holiday, such act or action shall be
deemed to have been validly taken on the next succeeding day which is
not a Saturday, Sunday or legal holiday.
5
~
.
1
6.12 Waiver. No waiver by any party of a breach of this Agreement shall be
construed as a waiver of any preceding or succeeding breach of the same
..
.r
2
C:\temp\-9421199.wpd
10
or any other covenant, condition or agreement hereof, and no delay in
exercising any right or remedy shall constitute a waiver thereof.
6.13 Severability. Should any section, subsection, clause or other provision
of this Agreement be determined, by a court of competent jurisdiction,
to be invalid, such invalidity shall not affect other sections, subsections,
clauses or other provisions of this Agreement which can be given effect
without the invalid section, subsection, clause or other provision, and to
this end, the provisions of this Agreement are severable.
6.14 Default. In the event of any default or other non-performance of any
term or provision of this Agreement, the non-defaulting party shall be
entitled to all remedies at law or in equity, including the right to enforce
this Agreement by action for specific performance or to file an action for
damages, which rights and remedies shall be cumulative and not
exclusive.
6.15 Further Assurances. Each party agrees to execute such further
documents, instruments and other writings and to perform such acts as
either party may reasonably request in order to fully effectuate the
purpose of this Agreement.
6.16 Construction. The terms and provisions of this Agreement represent
the results of negotiations between Municipality and Owner, each of
which has been represented by counsel of its own choosing, and none of
which have acted under any duress or compulsion, whether legal,
economic or otherwise. Consequently, the terms and provisions of this
Agreement shall be interpreted and construed in accordance with their
usual and customary meanings, and the Municipality and Owner hereby
waive the application of any rule of law which would otherwise be
applicable in connection with the interpretation and construction of this
Agreement including without limitation any rule oflaw to the effect that
ambiguous or conflicting terms or provisions contained in the executed
draft of this Agreement shall be interpreted or construed against the
party whose attorney prepared the executed draft or any earlier draft of
this Agreement.
~
...
1
5
i
n
",.r'"
4
C:\temp\-9421199.wpd
11
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the day and year first written above.
OWNER
D.R. Horton, Inc.,
a Delaware corporation
'vi's.j~
Its:
State of Arizona
)
) ss.
)
County of Pima
This instrume~s acknowledged jfOre me thi~ day of February, 2001, by
l QJ.....l ~ . .I ~..,J.jf:.t.. , u.CS0-.4. ~V\S.'Cltl.....\ ~{)E.uTofD.R. Horton,
Inc., a Delaware corporation.
My
~~~
RY S, HANSON
Notary Public - Arizona
Pima County
ommlssion Expires
July 31, 2004
i
...
.:
i
i
.:
i
EJi
..
C:\temp\-9421199.wpd
12
MUNICIPALITY
TOWN OF MARANA, ARIZONA,
a municipal corporation
~J~
Bo~b S to
Mayor
ATTEST:
o.
""""".'1,...
~ OF~'~
~. ~~\"""",,,/;I:; =~
S ~......~ :<}:t,. ~
S ~I CORPORATE\:' s;. :a
- ... 0CX;:0 "I -
- il SEAL;: :=
!!:~ ~~
~ ~ ~
~ ~ S
~ ~~ ""\~..A ~
~ rllZ "\ <l' '~...
"llljll\\\~
APPROVED AS TO FORM AND AUTHORITY.
The foregoing Agreement has been reviewed by
the undersigned attorney who has determined
that it is in proper form and within the power
and authority granted under the laws of the
State of Arizona to the Town of Marana.
~~
Town Attorney an not personally
1
i
.=.
1
7
;2
C:\temp\-9421199.wpd
13
'''\
...,.,...
EXHIBIT "A"
Page 1 of 1
...
~
1
1
?
2
/
INA ROAD
NoIe: t.ot ft7Yout 4t conceptUO/, MlnJrnum lor m" wilt
Qe 6.000 sql./Cl9 tIBet fer R-o. 7.000 for ~7
Grading wIlt be selective on R-.36 & R-144 to lIt'1tserve vegetation
Maximum number of tots peTm/Ued will be 225
nrq-~ ~IJ~I.~ glR-1
cnnonAln7c
~~u Ur"Il\Jf'\1J \1 .1 .!.Il'-'\Il UI\JI"'. I I o!llll"" ..^U
EXHIBIT "B"
Page 1 of 2
CASE NO. 502597
PARCEL 1
R-6 Zone
A portion of the West Half of Section 35, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,
Arizona described as follows:
BEGINNING at a 1/2" rebar at the West Quarter corner of said Section 35;
THENCE North 0 degrees 33 minutes 17 seconds West 711.28 feet upon the West line of the Northwest Quarter of said Section 35
.to a point on the Southwest right of way line of Si1verbell Road as described in that Final Order of Condemnation recorded in Docket
9869 at page 396, Records of Pima County, Arizona, on the arc of a non tangent curve concave Southwesterly and having a radius of
1357.39 feet, said radius point bears South 39 degrees 07 minutes 11 seconds West;
THENCE the following three (3) courses and distances upon said Southwesterly right of way line:
1) THENCE Southeasterly upon said arc to the right through a central angle of 17 degrees 24 minutes 26 seconds, for an arc
distance of 412.39 feet to a tangent line;
2) THENCE South 33 degrees 28 minutes 23 seconds East 410.13 feet;
3) THENCE North 56 degrees 31 minutes 37 seconds East 45.00 feet to the West right of way line of Silverbell Road as shown in
Book 3 of Record of Surveys at page 42;
THENCE South 33 degrees 28 minutes 23 seconds East 223.54 feet to a point on the arc of a tangent curve concave Northeasterly
and having a radius of 614.65 feet;
THENCE Southeasterly upon said West right of way line and arc to the left through a central angle of 5 degrees 51 minutes 27
seconds, for an arc distance of 62.84 feet to a non tangent line;
THENC~ South 30 degrees 00 minutes 00 seconds West 1020.65 feet to the Northeast line of that electric easement recorded in
Docket 19 at page 394 in said Recorder's Office;
THENCE North 33 degrees 23 minutes 47 seconds West 326.29 feet upon said Northeast line to Southwest Quarter of said Section
35;
i
i
~
i
.E.
THENCE North 0 degrees 15 minutes 04 seconds West 759.01 feet upon said West line to the POINT OF BEGINNING.
R-7 Zone
1.
A portion of the Southwest Quarter of Section 35, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima
County, Arizona described as follows:
z
8
COMMENCING at a 1/2" rebar at the West Quarter corner of said Section 35;
THENCE South 0 degrees 15 minutes 04 seconds East 759.01 feet upon the West line of said Southwest Quarter to the Northeast
line of that electric easement described in Docket 19 at page 394, Records of Pima County, Arizona;
EXHIBIT "B"
Page 2 of 2
THENCE South 33 degrees 23 minutes 47 seconds East 326.29 feet upon said Northeast line to the POINT OF BEGINNING;
THENCE North 30 degrees 00 minutes 00 seconds East 1020.65 feet to the West right of way line of Silverbell Road as recorded in
Book 3 of Record of Surveys at page 42, Records of Pima County, Arizona, being a point on the arc of a non tangent curve concave
Northeasterly and having a radius of 614.65, said radius point bears North 50 degrees 40 minutes 11 seconds East;
THENCE Southeasterly upon said West right of way line and arc of said curve to the left through a central angle of34 degrees 49
minutes 52 seconds, for an arc distance of 373.66 feet to a tangent line;
THENCE South 74 degrees 09 minutes 41 seconds East 92.91 feet upon said West right of way line:
THENCE South 6 degrees 09 minutes 58 seconds East 143.14 feet;
THENCE South 19 degrees 00 minutes 51 seconds East 155.87 feet;
THENCE South 33 degrees 58 minutes 45 seconds East 65.88 feet;
THENCE South 16 degrees 41 minutes 21 seconds East 39.79 feet;
THENCE South 10 degrees 50 minutes 58 seconds East 94.43 feet;
THENCE South 1 degrees 08 minutes 31 seconds West 63.89 feet;
THENCE South 9 degrees 44 minutes 33 seconds West 292.60 feet;
THENCE South 16 degrees 33 minutes 21 seconds West 209.41 feet;
THENCE South 39 degrees 55 minutes 50 seconds West 120.17 feet;
THENCE South 6 degrees 03 minutes 01 seconds West 84.32 feet:
THENCE South 57 degrees 35 minutes 31 seconds West 139.85 feet;
THENCE South 43 degrees 40 minutes 46 seconds West 79.05 feet;
THENCE South 49 degrees 35 minutes 44 seconds West 101.45 feet;
THENCE South 20 degrees 09 minutes 31 seconds West 66.31 feet;
THENCE South 3 degrees 21 minutes 51 seconds West 52.94 feet to the Northeast line of said electric easement;
,
.;.
THENCE North 33 degrees 23 minutes 47 seconds West 1030.47 feet upon said Northeast line to the POINT OF BEGINNING. i
=..::
a
J
EXHIBIT "C"
Page 1 of2
CASE NO. 502597
That portion of the West Half of Section 35, Township 12 South, Range 12 East, Gila and Salt River Base and
Meridian, Pima County, Arizona, lying Southwesterly or the Southwesterly right-of-way line of SilverbelI Road, as
shown on map recorded in Book 3 of Records of Survey at page 42, Records of Pima County, Arizona;
EXCEPT any portion Iyin.: within Picture Rocks Road No. 197, as shown on Book 2 of Road Maps at page 24,
Records of Pima County, Arizona; and
FURTHER EXCEPT any portion lying within that parcel described in Final Order of Condemnation recorded in
Docket 9869 at page 396; and
FURTHER EXCEPT those certain parcels known as "R-6 Zone" and "R-7 Zone" as follows:
R-6 Zone
A portion of the West Half of Section 35, Township 12 South, Range 12 East, Gila and Salt River Base and
Meridian, Pima County, Arizona described as follows:
BEGINNING at a 1/2" rebar at the West Quarter corner of said Section 35j
THENCE North 0 degrees 33 minutes 17 seconds West 711.28 feet upon the West line of the Northwest Quarter of
said Section 35 to a point on the Southwest right of way line of Silverbell Road as described in that Final Order of
Condemnation recorded in Docket 9869 at page 396, Records of Pima County, Arizona, on the arc of a non tangent
curve concave Southwesterly and having a radius of 1357.39 feet, said radius point bears South 39 degrees 07
minutes 11 seconds West;
THENCE the following three (3) courses and distances upon said Southwesterly right of way line:
1) THENCE Southeasterly upon said arc to the right through a central angle of 17 degrees 24 minutes 26 seconds,
for an arc distance of 412.39 feet to a tangent line;
2) THENCE South 33 degrees 28 minutes 23 seconds East 410.13 feet;
3) THENCE North 56 degrees 31 minutes 37 seconds East 45.00 feet to the West right of way line of Silver bell Road
as shown in Book 3 of Record of Surveys at page 42;
THENCE South 33 degrees 28 minutes 23 seconds East 223.54 feet to a point on the arc of a tangent curve concave
Northeasterly aDd having a radius of 614.65 feet;
THENCE Southeasterly upon said West right of way line and arc to the left through a central angle of 5 degrees 51
minutes 27 seconds, for an arc distance of 62.84 feet to a non tangent line;
THENCE South 30 degrees 00 minutes 00 seconds West 1020.65 feet to the Northeast line of that electric easement
recorded in Docket 19 at page 394 in said Recorder's Office;
THENCE North 33 degrees 23 minutes 47 seconds West 326.29 feet upon said Northeast line to Southwest Quarter
of said Section 35;
THENCE North 0 dei:rees 15 minutes 04 seconds West 759.01 feet upon said West line to the POINT OF
BEGINNING.
R-7 Zone
A portion of the Southwest Quarter of Section 35, Township 12 South, Range 12 East, Gila and Salt River Base and
Meridian, Pima County, Arizona described as follows:
COMMENCING at a 1/2" rebar at the Wellt Quarter corner of said Section 35;
1
.
1
2
G
;:,.'
a
~-
:J
~
:::~
i
~
,
'"
,
3
, ~
EXHIBIT "C"
, .;.
Page 2 of2
THENCE South 0 degrees 15 minutes 04 seconds East 759.01 feet upon the West line of said Southwest Quarter to
the Northeast line of that electric easement described in Docket 19 at page 394, Records of Pima County, Arizona;
THENCE South 33 degrees 23 minutes 47 seconds East 326.29 feet upon said Northeast line to the POINT OF
BEGINNlNG;
THENCE North 30 degrees 00 minutes 00 seconds East 1020.65 feet to the West right of way line of Silver bell Road
-as recorded in Book 3 of Record of Surveys at page 42, Records of Pima County, Arizona, being a point on the arc of
a non tangent curve concave Northeasterly and having a radius of 614.65, said radius point bears North 50 degrees
40 minutes 11 seconds East;
THENCE Southeasterly upon said West right of way line and arc of said curve to the left through a central angle of
34 d~rees 49 minutes 52 seconds, for an arc distance of 373.66 feet to a tangent line;
THENCE South 74 degrees 09 minutes 41 seconds East 92.91 feet upon said West right of way line;
THENCE South 6 degrees 09 minutes 58 seconds East 143.14 feet;
THENCE South 19 degrees 00 minutes' 51 seconds East 155.87 feet;
THENCE South 33 degrees 58 minutes 45 seconds East 65.88 feet;
THENCE South 16 degrees 41 minutes 21 seconds East39.79 feet;
THENCE South 10 degrees 50 minutes 58 seconds East 94.43 feet;
THENCE South 1 degrees 08 minutes 31 seconds West 63.89 feet;
THENCE South 9 degrees 44 minutes 33 seconds West 292.60 feet;
THENCE South 16 degrees 33 minutes 21 seconds West 209.41 feet;
THENCE South 39 d~rees 55 minutes 50 seconds West 120.17 feet;
THENCE South 6 degrees 03 minutes 01 seconds West 84.32 feetj
THENCE South 57 degrees 35 minutes 31 seconds West 139.85 feet;
THENCE South 43 degrees 40 minutes 46 seconds West 79.05 feet;
THENCE South 49 degrees 35 minutes 44 seconds West 101.45 feet;
THENCE South 20 degrees 09 minutes 31 seconds West 66.31 feet;
THENCE South 3 degrees 21 minutes 51 seconds West 52.94 feet to the Northeast line of said electric easementj
THENCE North 33 degrees 23 minutes 47 seconds West 1030.47 feet upon said Northeast line to the POINT OF
BEGINNING.
1
1
...
:-
t"'7i
,;,;
-.-.:
'I
... -
~ ..
~
J
. ,
-
. ..
1
-
-
- z
or
- .
~
...