HomeMy WebLinkAboutResolution 2001-074 amendment to resort CFD development agreements RECORDED B~: D K
D~PUT~ RECORDER
7864 ROOF
SMM~
T0~N OF Mahatma
ATTN: TOWN CLERK
13251 N LON ADAMS RD
M~/~ANA AZ 85653
DOCKET: 11580
PAGE: 2999
NO. OF P~S: 26
S~QU~NCE: 20011250654
06/28/2001
l~ES 16:29
M~IL
~MOUNT PAID $ 18.50
MARANA RESOLUTION NO. 2001-74
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE ToWN OF MARANA,
ARIZONA, AMENDING PRIOR DEVELOPMENT AGREEMENTS RELATING TO REDHAWK
CANYON cOMMUNITY FACILITIES DISTRICT.
WHEREAS, the Town of Marana has the authority to modify and/or amend existing
development agreements pursuant to A.R.S. § 9-500.05(C); and
WHEREAS, the Town of Marana and the predecessor in interest of the property currently
known as Dove Mountain, formerly known as RedHawk Canyon, have executed a Pre-Annexation
Development Agreement providing for the formation of community facilities districts (CFDs) within
the subject property; and
WHEREAS, two CFDs have been formed within the subject property; and
WHEREAS, Cottonwood Properties, Inc., the current owners of the subject property, desire
to form a third CFD within the subject property; and
WHEREAS, a portion of the boundaries of the proposed CFD overlap into an existing CFD;
and
WHEREAS, the Town and Cottonwood properties, Inc. must acknowledge the applicability
of the terms, conditions and covenants of the existing CFD to those portions of the proposed CFD
where the two overlap; and
WHEREAS, adoption of the amended development agreements, attached hereto as Exhibit
"A" and incorporated herein by this reference as if set out at length, will provide the
acknowledgement required of the Town and Cottonwood Properties, Inc.; and
WHEREAS, the Mayor and Council find that allowing formation of a third CFD within the
property currently known as Dove Mountain is in the best interest of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1: That the Amendments to the RedHawk Canyon Pr~-Annexation Development
Agreements attached hereto as Exhibit "A" is hereby approved and adopted.
Section 2: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions of the Council in conflict with the provisions of this Resolution are hereby repealed, effective
as of the effective date of this Resolution.
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Section 3: If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 of the Town of Marana, Arizona, this
19thday of June, 2001.
ATTEST:
APPROVED AS TO FORM:
,~Daniel J. Hochuli, Esq.
As Town Attorney
and not personally
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When recorded, retumto:
AMENDMENT TO
DEVELOPMENT AGREEMENTS
(Resort CFD)
(Amends Documents Recorded in Docket 9969 at Page 1923, Docket 10075 at Page 356
and Docket 9211 at Page 369)
THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF
MARANA, an Arizona municipal corporation (the "Town") and Lawyers Title of Arizona, Inc.
Trust 7804-T and Lawyers Title of Arizona, Inc. Trust 7805-T, an Arizona corporation
(collectively the "Owner").
RECITALS
The property which is the subject of this Agreement is located within Pima County,
Arizona and the Town, and consists of approximately 319 acres, more or less, as legally
described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference
(the "Property").
The Town and the predecessors in title of the Owner have executed a Pre-Annexation
Development Agreement recorded in Docket 9211 at Page 369 in the office of the Pima County
Recorder ("Bajada Agreement"). Article 2 of the Bajada Agreement stipulates terms,
conditions and requirements for a community facilities district within a portion of the Property
("Existing Bajada CFI} Requirements").
The Town and the predecessors in title of the Owner have executed an Amended and
Restated Development Agreement and Intergovernmental Agreement recorded in Docket 9969 at
Page 1923 in the office of the Pima County Recorder as amended in pertinent part by a First
Amendment recorded in Docket 10075 at page 356 in the Office of the Pima County Recorder;
such documents shall be collectively referred to herein as the "CFI} #2 Development
Agreement". Article 6.7 of the CFD #2 Development Agreement stipulates terms, conditions
and requirements ("Existing CFI) #2 Requirements") for issuance of bonds within RedI-Iawk
Canyon Community Facilities District #2 ("CFD #2") (and any community facilities district
formed within the boundaries of CFD #2) and a portion of the Property lies within the boundaries
of CFD #2.
In order to facilitate development of appropriate public infi:astructure and to promote high
quality and orderly development in the area, the Owner and the Town desire to form a
community facilities district ("Resort CFD") within the boundaries of the Property (a portion of
which lies within the boundaries of CFD #2). The Owner and Town are entering into this
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Agreement in order to clarify and modify the requirements for the issuance of bonds by the
Resort CFD.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements set forth herein, the parties hereto state, confirm and agree as follows:
.AGREEMENT
1. RESORT CFI) BOND REQUIREMENTS. The following restrictions eliminate,
supercede and replace the Existing CFD #2 Requirements and the Existing Bajada CFD
Requirements as they would apply to the Resort CFD only, and shall apply to all bond issuances
by the Resort CFD:
A. The Resort CFD shall not issue revenue bonds without the Town's prior written
approval or general obligations bonds in such a manner as to potentially increase the aggregate
ad valorem tax rate in any subsequent year for general obligation bonds of the Resort CFD
greater than $3.00 per $100 of assessed valuation, based on the year in which the maximum
annual debt service for the bonds outstanding and to be outstanding will occur and on secondary
assessed valuation at the time of issuance of the applicable bonds assuming no reduction in
valuation of property in the Resort CFD as provided by the County Assessor as of the date of
issuance of such bonds without the Town's prior written approval;
B. Any general obligation bond authorization for the Resort CFD shall expire no
later than five (5) years from the date of initial voter authorization;
C. The Resort CFI) will not sell any bonds after twenty five (25) years from the date
of formation of the Resort CFD without the Town's prior written approval.
D. Each assessment bond issued by the Resort CFD shall include a debt service
reserve fund equal to the lesser of one hundred percent (100%) of the maximum annual debt
service with respect to the bonds or the maximum amount allowed by federal tax law to be
deposited therein without causing interest on the bonds to be included in gross income for federal
income tax purposes;
E. The aggregate principal amount of all series of bonds that may be issued by CFD
#2 or the Resort CFD or any other district formed within the boundaries of either of such districts
shall not exceed $75,000,000 without the Town's prior written approval;
F. Any bonds issued by the Resort CFD shall not mature more than twenty (20)
years from the date of their issuance without the Town's prior written approval;
G. At the time of sale of bonds for the Resort CFD, an appraisal prepared by an MAI
appraiser must show that the property in the Resort CFD, with the completed, bond-financed
infrastructure is worth on a wholesale basis at least as much as 150% of the principal amount of
all applicable bond debt;
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H. The Resort CFD shall not publicly offer and sell bonds unless (i) such bonds have
received an investment grade rating; (ii) such bonds are insured by an insurance company that is
rated in one of the top two investment grades; or (iii) the Resort CFD has received an appraisal
prepared by an MAI certified appraiser indicating that the ratio of land vaque of the assessed area
to debt is at least 3 to 1;
2. Miscellaneous. Time is hereby made of the essence of this Agreement.
The wording of this Agreement has been arrived at by negotiation between the
parties, and, in the event of any ambiguity, this Agreement shall not be construed in favor of or
against any party hereto on account of such party having prepared any draft or final version
hereof.
The terms of the Bajada Agreement and CFD #2 Development Agreement are
hereby amended only as expressly set forth herein. The remaining terms of the Bajada
Agreement and CFD #2 Development Agreement not inconsistent with or modified by this
Agreement shall remain in full rome and effect.
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns.
' This Agreement constitutes the entire agreement between the parties and the
parties expressly acknowledge that there are no other agreements or understandings in regard to
this transaction other than as set forth herein or contained within other written agreements
referred to herein.
The recitals set forth herein are tree and correct in all material respects and are
incorporated herein by reference.
Except as specifically set forth herein, nothing herein shall be deemed to obhgate
the Town, the Developer or any owner of the Property to complete all or any part of the
development of the Property.
If any party is required pursuant to this Agreement to give its prior written
approval, consent or permission, such approval, consent or permission shall not be unreasonably
delayed or withheld.
Each party hereto shall 15om time to time execute and deliver such further
instruments as the other party or its counsel may reasonably request to effectuate the intent of
this Agreement, including, but not limited to, documents necessary for compliance with the laws,
ordinances, rules or regulations of any applicable governmental authorities.
The waiver by either party of any breach of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, condition or covenant contained herein.
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If any provision or any portion of any provision of this Agreement or the
application of any such provision or any portion thereof shall be held invalid or unenfomeable,
the remaining portion of such provision and the remaining provisions of this Agreement, or the
application of such provision or portion of such provision, shall not be affected thereby.
This Agreement shall be construed in accordance with the laws of the State of
Arizona. In the event of any dispute hereunder, exclusive jurisdiction and venue shall exist only
in Pima County, Arizona.
The Town, pursuant to A.R.S. {}38-511, may cancel this Agreement within three
years after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting or creating this Agreement on behalf of the Town is, at
any time while this Agreement or any extension of this Agreement is in effect, an employee or
agent to any other party of this Agreement in any capacity or consultant to any other party of this
Agreement with respect to the subject matter of this Agreement. Cancellation under this
paragraph by the Town shall be effective when written notice from the Town is received by all
other parties to this Agreement unless the notice specifies a later time. In addition to the right to
cancel as provided herein, the Town may recoup any fee or commission paid or due to any
person significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of the Town from any other party to this Agreement arising as result of this
Agreement.
Upon the complete execution hereof, the Owner will cause this Agreement to be
recorded in the Office of the Pima County Recorder.
The indemnity provisions set forth paragraph 13.18 in the Bajada Agreement shall
continue in full force and effect and shall not be deemed modified by this Agreement.
Captions and headings as set forth herein are for reference purposes only and shall
not be used in construing this Agreement.
IN WITNESS WHEREOF the parties executed this Agreement the day and year written above.
ATTEST:
THE TOWN OF MARANA, an Arizona
mtmicipal corporation
Jocelyn Entz
Bobby Su~on, Jr.,Mayor
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'APPROVED AS TO FORM AND
AUTHORITY:
The foregoing Amendment 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.
Daniel J. Hochuli, Town Attorney
APPROVAL BY OWNER:
TRUST 7804:
LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, as Trustee under Trust
No. 7804-T only, and not in its corporate capacity
By:
ItS~
TRUST 7805:
LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, as Trustee under Trust
No. 7805-T only, and not in its corporate capacity
STATE OF ARIZONA )
) SS.
COUNTY OF PI/VIA )
ACKNOWLEDGED before me this
Sutton, Jr., the Mayor of the Town of Marana.
By:
Its:
day of
, 2001 by Bobby
Notary Seal
Notary Public
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STATE OF ARIZONA )
) SS.
COUNTY OF PIMA )
ACKNOWLEDGED before
me this __ day of , 2001 by
, the of Lawyers Title of Arizona, Inc. as Trustee
under Trust No. 7804-T and 7805-T only and not in its corporate capacity.
Notary Seal
Notary Public
agreements\l 58\061201
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EXHIBIT "A"
LEGAL DESCRIPTION
CFD #3 ASSESSMENT AREA
OPW Project No. 96013-602
All of those portions of Sections 14, 15, 16, 21, 22, and 23 of Township 11 South, Range
12 East, G&SRBM, Pima County, Arizona, more particularly described as follows:
BEGINNING at the West Quarter corner of Section 21, being a found scribed rock from
which the East Quarter of said Section 21 bears South 89" 48' 34" East at 5276.90 feet;
Thence North 00° 01' 56" East, along the West line of the Northwest Quarter of Section 21,
a distance of 2634.58 feet to the Northwest corner of Section 21, being a found scribed
rock;
Thence North 00" 00' 49" East, along the West line of the Southwest Quarter of Section
16, a distance of 800.79 feet;
Thence North 45" 00' 00" East, 1594.41 feet;
Thence North, 1015.18 feet;
Thence North 30" 00' 00" East, 800.00 feet;
Thence South 30" 00' 00" East, 745.00 feet;
Thence North 60" 00' 00" East, 1206.70 feet;
Thence East, 700.00 feet;
Thence South 30" 00' 00" West, 850.00 feet;
Thence South 60" 00' 00" East, 250.00 feet;
Thence North 60" 00' 00" East, 1300.00 feet;
Thence South 30" 00' 00" East, 800.00 feet;
Thence East, 325.86 feet to a point on the East line of Section 16 from which the East
Quarter corner bears South 00° 14' 16" East, at a distance of 79.35 feet;
Thence continuing East, 229.27 feet;
Thence North 60" 00' 00" East, 900.00 feet;
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Thence North, 273.90 feet;
Thence North 45° 00' 00" West, 521.85 feet;
Thence North 30° 00' 00" East, 1179.16 feet;
Thence South 30° 00' 00" East, 400.00 feet;
Thence East, 2534.54 feet;
Thence South 30° 00' 00" West, 1469.06 feet;
Thence South 45° 00' 00" West, 1000.00 feet;
Thence South 30° 00' 00" East, 600.00 feet;
Thence East, 850.00 feet;
Thence North 45° 00' 00" East, 900.00 feet;
Thence East, 700.00 feet;
Thence South 60° 00' 00" East, 293.96 feet to a point on the West Tine of the Southwest
Quarter of said Sec{ion 14 from which the West Quarter corner of said Section 14 bears
North O0° 04' 21" East at a distance of 144.57 feet;
Thence continuing South 60° 00' 00" East, 369.50 feet;
Thence North 60° 00' 00" East, 1065.48 feet;
Thence South 57° 54' 52" East, 211.40 feet;
Thence South 02° 43' 19" West, 47.04 feet to a point on a curve from which the radius
bears South 16° 52' 11" East;
Thence Easterly along said curve to the right, having a radius of 430.00 feet and a central
angle of 07° 43' 05", an ars distance of 57.92 feet to a point of concentric curvature from
which the radius bears South 09° 09' 06" East;
Thence Easterly along said curve to the right, having a radius of 230.00 feet and a central
angle of 36° 47' 23", an arc distance of 147.68 feet to a point of reverse curvature from
which the radius bears North 27° 38' 17" East;
Thence Southeasterly along said curve to the left, having a radius of 205.00 feet and a
central angle of 30° 14' 23", an arc distance of 108.20 feet to a point;
96013~600~egals~fd3assessment. lgl Page 2 of 14
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T. henc'e South 01° 19' 12" East, on a non-tangent line, 310.18 feet
Thence South 79° 13' 56" West, 63.10 feet;
Thence North 01° 19' 12" West, 266.84 feet to a point on a curve from which the radius
bears North 11° 14' 47" East;
Thence Northwesterly along said curve to the right, having a radius of 265.00 feet and a
central angle of 16° 23' 30", an arc distance of 75.81 feet to a point of reverse curvature
from which the radius bears South 27° 38' 17" West;
Thence Westerly along said curve to the left, having a radius of 170.00 feet and a central
angle of 36° 47' 23", an arc distance of 109.16 feet to a point of concentric curvature from
which the radius bears South 09° 09' 06" East;
Thence Southwesterly along said curve to the left, having a radius of 370.00 feet and a
central angle of 24° 46' 04", an arc distance of 159.94 feet to a point of tangency;
Thence South 56° 04' 50" West, 122.47 feet to a point of curvature;
Thence Southerly along said curve to the left, having a radius of 370.00 feet and a central
angle of 42° 36' 53", an arc distance of 275.19 feet to a point of reverse curvature from
which the radius beam North 76° 32' 04" West;
Thence Southwesterly along said curve to the right, having a radius of 430.00 feet and a
central angle of 48° 39' 40", an arc distance of 365.20 feet to a point of tangency;
Thence South 62° 07' 36" West, 263.73 feet to a point of curvature;
Thence Southwesterly along said curve to the left, having a radius of 1220.00 feet and
central angle of 33° 16' 56", an arc distance of 708.68 feet to a point of concentric
curvature from which the radius bears South 61° 09' 20" East;
Thence Southwesterly along said curve to the left, having a radius of 482.00 feet and a
central angle of 11° 37' 34", an arc distance of 97.80 feet to a point of reverse curvature
from which the radius beam North 720 46' 53" West;
Thence Southwesterly along said curve to the right, having a radius of 534.00 feet and a
central angle of 09° 18' 57", an arc distance of 86.82 feet to a point oftangency, said point
hereinafter referred to as Point "A";
Thence South 26° 32' 04" West, 291.08 feet to a point of curvature;
Thence Southwesterly along said curve to the right, having a radius of 644.00 feet and a
central angle of 19° 53' 50", an arc distance of 223.64 feet to a point of reverse curvature
96013~O0~tegals~fd3assessrnent.lgl Page 3 of 14
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from which the radius bears South 43° 34' 06" East;
Thence Southwesterly along said curve to the left, having a radius of 282.00 feet and a
central angle of 21° 57' 47", an arc distance of 108.10 feet to a point of concentric
curvature from which the radius bears South 650 31' 53" East;
Thence Southerly along said curve to the left, having a radius of 650.00 feet and a central
angle of 15° 21' 24", an arc distance of 174.22 feet to a point of reverse curvature from
which the radius bears North 80° 53' 18" West;
Thence Southwesterly along said curve to the right, having a radius of 625.00 feet and a
central angle of 19° 05' 03", an arc distance of 208.17 feet to a point of tangency;
Thence South 28° 11' 45" West, 211.68 feet;
Thence South 29° 51' 49" West, 50.48 feet;
Thence South 55° 24' 28" East, 240.60 feet;
Thence South 27° 55' 17" East, 156.78 feet;
Thence South 60° 10' 56" East, 316.96 feet;
Thence South 26° 32' 15" East, 51.87 feet;
Thence South 20° 41' 29" East, 218.72 feet;
Thence South 32° 31' 27" East 361.23 feet to a point hereinafter referred to as Point "B";
Thence South 86° 59' 02" West, 266.90 feet;
Thence South 70° 02' 42" West 178.86 feet;
Thence South 40° 04' 04" West, 103.05 feet;
Thence South 24° 57' 34" West, 145.56 feet;
Thence South 31° 32' 02" West, 326.73 feet;
Thence North 49° 08' 46" West, 272.38 feet;
Thence North 47° 15' 24" West, 41.94 feet;
Thence North 53° 08' 31" West, 300.70 feet;
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Then~;e North 63° 44' 15" West, 541.15 feet;
Thence South 52° 32' 03" West, 139.20 feet;
Thence North 89° 29' 01" West, 57.25 feet;
Thence South 60° 56' 56" West, 55.15 feet;
Thence South 60° 32' 47" West, 36.41 feet;
Thence South 58° 24' 57" West, 40.96 feet;
Thence South 58° 38' 36" West, 39.39 feet;
Thence North 42° 21' 20" West, 461.30 feet;
Thence North 47° 38' 40" East, 87.18 feet;
Thence North 20° 23' 19" East, 130.81 feet to a point on a curve from which the radius
bears North 08° 35' 36" West;
Thence Wester y along said curve to the right having a radius of 980.00 feet and a central
angle of 05° 23' 02", and arc distance of 92.09 feet to a point of reverse curvature from
which the radius bears South 03° 12' 34" East;
Thence Southwesterly along said curve to the left having a radius of 1664.00 feet and a
central angle of 24° 01' 07", an arc distance of 697.56 feet to a point of reverse curvature
from which the radius bears North 27° 13' 41" West;
Thence Southwesterly along said curve to the right, having a radius of 830.00 feet and a
central angle of 17° 37' 12", an arc distance of 255.25 feet to a point of tangency;
Thence South 80° 23' 31" West, 419.87 feet to a point of curvature;
Thence Southwesterly along said curve to the left, having a radius of 470.00 feet and a
central angle of 33° 18' 40", an arc distance of 273.25 feet to a point of reverse curvature
from which the radius bears North 42° 55' 09" West;
Thence Southwesterly along said curve to the right, having a radius of 530.00 feet and a
central angle of 17° 23' 18", an arc distance of 160.85 feet to a point of concentric
curvature from which the radius bears North 25° 31' 51" West;
Thence Northwesterly along said curve to the right, having a radius of 830.00 feet and a
central angle of 77° 54' 20", an arc distance of 1128.56 feet to a point of tangency;
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Thence North 37° 37' 31" West, 307.69 feet to a point of curvature;
Thence Northwesterly along said curve to the left, having a radius of 1020.00 feet and a
central angle of 05° 28' 00", an arc distance of 97.32 feet to a point;
Thence South 76° 42' 51" West, on a non-tangent line, 212.39 feet;
Thence South 44° 50' 23" West, 536.73 feet;
Thence South 78° 44' 01" West, 187.91 feet;
Thence South 67° 31' 03" West, 520.05 feet;
Thence South 50° 43' 35" West, 91.69 feet;
Thence South 29° 06' 11" West, 265.62 feet;
Thence South 20° 32' 17" East, 206.40 feet;
Thence South 78° 56' 57" East, 251.60 feet;
Thence South 64° 11' 32" East, 274.10 feet;
Thence South 75° 29' 35" East, 510.32 feet;
Thence South 68° 04' 07" East, 261.81 feet;
Thence South 83° 09' 12" East, 544.61 feet;
Thence South 45° 44' 09" East, 232.27 feet;
Thence South 57° 02' 44" East, 509.90 feet;
Thence South 47° 30' 09" East, 29.94 feet;
Thence South 22° 30' 06" West, 376.90 feet;
Thence North 56° 08' 28" West, 75.87 feet;
Thence North 88° 32' 30" West, 90.36 feet;
Thence South 67° 55' 42" West, 72.71 feet;
Thence South 51° 21' 18" West, 406.80 feet;
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Thence South 27° 46' 58" West, 159.05 feet;
Thence South 28° 35' 00" West, 105.83 feet;
Thence South 28° 39' 51" West, 100.98 feet;
Thence South 00° 50' 37" West, 91.33 feet;
Thence South 26° 37' 15" East, 98.57 feet;
Thence South 55° 48' 53" East, 103.04 feet;
Thence South 89° 08' 36" East, 126.27 feet;
Thence North 73° 52' 13" East 84.54 feet;
Thence North 740 47' 42" East 92.83 feet;
Thence South 82° 29' 05" East, 213.93 feet;
Thence North 85° 40' 16" East, 227.14 feet;
Thence South 19° 38' 03" East, 82.88 feet;
Thence South 10° 23' 36" East, 72.16 feet;
Thence South 31° 34' 34" East, 74.88 feet;
Thence South 54° 23' 18" East, 83.32 feet;
Thence South 82° 25' 56" East, 110.39 feet;
Thence South 00° 02' 35" West, 14.74 feet;
Thence North 89° 57' 25" West, 1619.66 feet to a point on the West line of the Southwest
Quarter of Section 22;
Thence North 00° 05' 36" West, along said West line, 1318.42 feet to the West Quarter
corner of said Section 22;
Thence North 89° 48' 34" West, along the South line of the North Half of Section 21, a
distance of 5276.90 feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH the following described parcel:
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COMMENCING at the aforementioned Point "B";
Thence South 58° 49' 18" East, 1942.78 feet to a point of curvature;
Thence Southeasterly along said curve to the left, having a radius of 2425.00 feet and a
central angle of 27° 45' 42", an arc distance of 1174.99 feet to a point of tangency;
Thence South 86° 35' 01" East, 194.05 feet to the TRUE POINT OF BEGINNING;
Thence continuing South 86° 35' 01" East, 65.00 feet;
Thence South 03° 24' 59" West, 365.74 feet;
Thence South 67° 25' 13" East, 515.73 feet;
Thence South 75° 12' 00" East, 298.49 feet;
Thence South, 59.84 feet;
Thence South 64° 27' 42" West, 103.96 feet;
Thence South 64° 25' 14" West, 674.52 feet;
Thence South 61° 39' 28" West, 207.25 feet;
Thence South 40° 41' 53" West, 100.60 feet;
Thence North 85° 30' 50" West, 100.60 feet;
Thence North 57° 48' 10" West, 101.51 feet;
Thence North 70° 23' 14" West, 299.10 feet;
Thence North 79o 59' 13" West, 69.55 feet;
Thence South 81° 42' 25" West, 57.69 feet;
Thence South 73° 09' 40" West, 624.26 feet;
Thence South 59° 25' 33" West, 93.21 feet;
Thence South 35° 21' 00" West, 73.58 feet;
Thence North 53° 15' 22" West, 591.02 feet;
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96013~600~egals~'fd3assessment.lgl Page 8 of 14
Thence North 64° 12' 43" West, 50.83 feet;
Thence North 84° 57' 27" West, 93.00 feet;
Thence South 65° 42' 44" West, 109.49 feet;
Thence South 30° 10' 49" West, 47.44 feet;
Thence South 85° 06' 45" West, 65.24 feet;
Thence North 83° 30' 07" West, 34.75 feet;
Thence North 81° 10' 36" West, 508.89 feet;
Thence South 87° 07' 49" West, 300.30 feet;
Thence North 19° 36' 27" West, 21.57 feet;
Thence North 31° 37' 27" East, 286.00 feet;
Thence North 38° 53' 56" East, 286.00 feet;
Thence North 43° 13' 00" East, 514.15 feet;
Thence North 39° 26' 06" East, 117.46 feet;
Thence North 69° 15' 43" East, 531.09 feet;
Thence North 68° 45' 16" East, 130.40 feet;
Thence South 38° 13' 02" East, 366.86 feet;
Thence South 49° 59' 49" East, 299.18 feet;
Thence South 59° 29' 59" East, 66.57 feet;
Thence South 71° 59' 37" East, 20.33 feet;
Thence South 74° 45' 48" East, 678.44 feet;
Thence South 75° 34' 43" East, 32.55 feet;
Thence South 86° 20' 12" East, 316.40 feet;
Thence North 79° 01' 47" East, 166.32 feet;
96013~O0~Jegals~.c. fd3assessment.lgI Page 9 of 14
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Thence North 03° 24' 59" East, 486.00 feet to the TRUE POINT OF BEGINNING.
EXCEPTING the following described parcel; ~--
COMMENCING at the aforementioned Point "A";
Thence South 54° 53' 03" West, 176.90 feet to the TRUE POINT OF BEGINNING;
Thence South 26° 32' 04" West, 185.37 feet to a point of curvature;
Thence Southwesterly along said curve to the right, having a radius of 482.00 feet and a
central angle of 13° 43' 01", an arc distance of 115.39 feet to a point of reverse curvature
from which the radius bears South 49° 44' 55" East;
Thence Southwesterly along said curve to the left, having a radius of 630.00 feet and a
central angle of 07° 30' 33", an arc distance of 82.57 feet to a point;
Thence North 57° 15' 28" West, on a non-tangent line, 36.18 feet;
Thence South 70° 07' 04" West, 371.20 feet:
Thence South 82° 19' 15" West, 330.16 feet:
Thence North 71° 20' 04" West, 506.82 feet;
Thence South 48° 51' 40" West, 293.29 feet
Thence South 04° 13' 38" East, 216.89 feet;
Thence South 01° 51' 23, West, 341.38 feet
Thence South 20° 23' 19" West, 491.40 feet to a point on a curve from which the radius
bears North 10° 41' 04" West;
Thence Westerly along said curve to the right, having a radius of 920.00 feet and a central
angle of 07° 28' 31", an arc distance of 120.03 feet to a point of reverse curvature from
which the radius beam South 03° 12' 34" East;
Thence Westerly along said curve to the left, having a radius of 1724.00 feet and a central
angle of 14° 38' 37", an arc distance of 440.62 feet to a point;
Thence North 11° 36' 02" West, on a non-tangent line, 196.00 feet;
Thence North 88° 27' 17" West, 212.84 feet;
96013~600~]egals%"fd3assessment.lgl Page 10 of 14
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Thence South 78° 59' 24" West, 175.00 feet;
Thence North 06° 45' 11" East, 900.23 feet;
Thence North 25° 36' 06" West, 82.55 feet;
Thence South 67° 48' 33" West, 302.03 feet;
Thence South 80° 38' 00" West, 80.18 feet;
Thence South 82° 10' 11" West, 26.33 feet;
Thence North 79° 07' 07" West, 111.86 feet;
Thence South 30° 34' 55" West, 49.30 feet;
Thence South 05° 31' 49" East, 108.79 feet;
Thence South 21° 03' 27" West, 180.12 feet;
Thence South 52° 58' 23" West, 109.73 feet;
Thence South 64° 35' 53" West, 675.78 feet;
Thence South 49° 11' 16" West, 287.11 feet;
Thence South 60° 47' 24" West, 558.18 feet;
Thence North 37° 37' 31" West, 142.83 feet to a point of curvature;
Thence Northwesterly along said curve to the left, having a radius of 1080.00 feet and a
central angle of 02° 24' 50", an arc distance of 45.50 feet to a point;
Thence North 37° 42' 02" East, on a non-tangent line, 528.01 East;
Thence North 48° 54' 17" East, 342.82 feet;
Thence North 64° 04' 45" East, 564.81 feet;
Thence North 07° 03' 21" West, 39.38 feet;
Thence North 77° 26' 16" West, 324.09 feet;
Thence North 48° 53' 46" West, 118.28 feet;
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96013~600~Jegals~fd3assessment.lgl Page 11 of 14
Thence North 15° 14' 19"
Thence North 21° 33' 45"
Thence North 31° 13' 20"
Thence North 11° 04' 52"
Thence South 84° 03' 11"
Thence South 77° 10' 56"
Thence South 58° 22' 22"
Thence South 70° 43' 10"
Thence North 87° 09' 35"
West, 109.75 feet;
West, 76.88 feet;
West, 190.82 feet;
West, 154.71 feet;
West, 214.99 feet;
West, 325.47 feet;
West, 269.08 feet;
West, 502.39 feet;
West. 63.31 feet to a point hereinafter referred to as Point "C";
Thence North 18° 28' 42" West, 443.62 feet to a point of curvature;
Thence Northerly along said curve to the right, having a radius of 770.00 feet and a central
angle of 05° 09' 48", an am distance of 69.39 feet to a point;
Thence North 38° 14' 16" East, on a non-tangent line, 97.90 feet;
Thence North 51° 37' 38" East, 322.73 feet;
Thence North 65° 59' 34" East, 770.12 feet;
Thence South 88° 41' 26" East, 347.46 feet;
Thence South 77° 19' 52" East, 507.72 feet;
Thence South 68° 01' 09" East, 196.96 feet;
Thence North 81° 54' 29" East, 542.05 feet;
Thence South 82° 21' 08" East, 55.62 feet;
Thence South 74° 38' 12" East, 300.20 feet;
Thence South 65° 37' 39" East, 260.39 feet;
Thence North 55° 53' 31" East, 323.72 feet to a point on a curve from which the radius
bears North 16° 55' 25" East;
96013~00~legals~'fd3assessment-lgtPage 12 of 14
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Then'ce Easterly along said curve to the left, having a radius of 380.00 feet and a central
angle of 13" 45' 52", an arc distance of 91.29 feet to a point of concentric curvature from
which the radius bears North 03" 09' 33" East;
Thence Easterly along said curve to the left, having a radius of 1030.00 feet and a central
angle of 15" 40' 09',? an arc distance of 281.68 feet to a point of tangency;
Thence North 77" 29' 24" East. 67.87 feet to a point of curvature;
Thence Southeasterly along said curve to the right, having a radius of 270.00 feet and a
central angle of 33" 35' 12", an arc distance of 158.27 feet to a point of tangency;
Thence South 68" 55' 24" East. 80.59 feet;
Thence South 48" 52' 37" East, 129.50 feet to a point of curvature;
Thence Southeasterly along said curve to the left, having a radius of 137.85 feet and a
central angle of 420 54' 31", an arc distance of 103.24 feet to a point of reverse curvature
from which the radius bears South 010 47' 09" East;
Thence Southeasterly along said curve to the right, having a radius of 475.65 feet and a
central angle of 220 51' 45", an arc distance of 189.80 feet to a point of tangency;
Thence South 68" 55' 24" East, 135.25 feet to a point of curvature;
Thence Southeasterly along said curve to the left, having a radius of 214.54 feet and a
central angle of 12" 39' 56", an arc distance of 47.43 feet to a point on a curve from which
the radius beam North 180 10' 59" East;
Thence Southeasterly along said curve to the left, having a radius of 530.00 feet and a
central angle of 13" 56' 19", an arc distance of 128.94 feet to a point of tangency;
Thence South 85" 45' 20" East, 696.99 feet to a point of curvature;
Thence Southeasterly along said curve to the right, having a radius of 320.00 feet and a
central angle of 37" 15' 49", an arc distance of 208.12 feet to a point of tangency;
Thence South 48" 29' 31" East, 74.80 feet to a point of curvature;
Thence Southeasterly along said curve to the right, having a radius of 82.00 feet and a
central angle of 75° 01' 35", an arc distance of 107.38 feet to the TRUE POINT OF
BEGINNING.
ALSO EXCEPTING the following described parcel;
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96013~600~egals~c'fd3assessment.lgl Page 13 of 14
COMMENCING at the aforementioned point"C", thence North 87° 37' 07" West, 64.21 feet
to the TRUE POINT OF BEGINNING;
Thence South 39° 15' 28" West, 134.36 feet;
Thence South 64° 26' 20" West, 30.09 feet;
Thence South 68° 17' 06" West, 407.30 feet;
Thence South 72° 25' 43" West 299.84 feet;
Thence South 83° 28' 56" West, 517.57 feet;
Thence South 46° 08' 09" West, 166.20 feet;
Thence South 68° 15' 01" West, 121.74 feet;
Thence South 86° 59' 31" West, 684.01 feet;
Thence North 57° 57' 24" West, 235.98 feet;
Thence North 10° 53' 26" West, 135.72 feet;
Thence North 25° 54' 09" East, 172.83 feet;
Thence North 56° 43' 37" East, 664.37 feet;
Thence North 78° 36' 01" East, 330.06 feet;
Thence North 890 43' 26" East, 488.63 feet;
Thence North 37° 42" 27" East, 176.90 feet;
Thence North 78° 09' 26" East, 215.20 feet;
Thence South 88° 05' 20" East, 537.29 feet;
Thence South 18° 28' 42" East, 420.76 feet to the TRUE POINT OF BEGINNING. t,
Said Assessment Area containing 1095.453 acres. /¢7//] ] )-- .~,~8lB
REL'Ib
November30,2000 i-~p~ ~ ~ ]] 0
96013~OOUegals~'fd3assessment.lgl Page 14 of 14 ~ ~ '
,EXHIBIT B
WFtEN RECORDED RETURN TO:
William A. Hicks, III
Snell & Wilmer L.L.P.
One Arizona Center
400 East Van Buren
Phoenix, AZ 85004-2202
GENERAL PLAN FOR THE PROPOSED
DOVE MOUNTAIN RESORT COMMUNITY FACILITIlgS DISTRICT
IN THE TOWN OF MARANA, ARIZONA
To~
Clerk, Town of Marana, Arizona
For the purposes of Section 48-702(B), Arizona Revised Statutes, the following is
the general plan for the proposed Dove Mountain Resort Community Facilities District:
ARTICLE I
GENERAL AREA TO BE IMPROVED WITHIN THE
PROPOSED DISTRICT:
The areas to be benefited shall consist of the real property described ia Exhibit A
attached hereto and made a part hereo£ The public infrastructure improvements shall be
constructed in public rights-of-way or easements located both within and without the areas
described in Exhibit A hereto, all for the benefit &the areas described in Exhibit A hereto.
ARTICLE ri
GENERAL DESCRIPTION OF THE PUBLIC INFRASTRUCTURE
IMPROVEMENTS FOR WHICH THE DISTRICT.
IS PROPOSED TO BE FORMED:
The proposed Dove Mountain Resort Community Facilities District is being
formed to undertake and complete the following public infrastructure improvements, as such
improvements are authorized by the governing body of the district in accordance with apphcable
law and are consistent with the powers of a community facilities district:
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(a) Sanitary sewage systems, including collection, transportation, storage,
treatment, disposal, effluent use and discharge;
(b) Drainage and flood control systems, including collection, transportation,
diversion, storage, detention, retention, disposal, use and discharge;
(c) Water systems for domestic, industrial, irrigation, municipal or fire
protection purposes including production, collection, storage, treatment, transportation, delivery,
connection and disposal, but not including facilities for agricultural irrigation purposes unless for
the repair or replacement of existing facilities when required by other improvements permitted
by this article:
(d) Highways, streets, roadways and parking facilities including all areas for
vehicular use for travel, ingress, egress and parking;
(e) Areas for pedestrian, equestrian, bicycle or other non-motor vehicle use
for travel, ingress, egress and parking;
(f) Pedestrian mails, parks, recreational facilities other than stadiums and
open space areas for the use of the public for entertainment, assembly and recreation;
(g) Landscaping including earthworks, structures, lakes and other water
features, plants, trees and related water delivery systems;
and signnge;
(h)
(0
Lighting systems;
Traffic control systems and devices including signals, controls, markings
(j) Equipment, vehicles, furnishings and other personalty related to the items
listed in clauses (a) through and including (i) above; and
(k) Operation and maintenance of the items listed in clauses (a) through and
including 0) above.
DATED: June 18, 2001
LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, in its capacity as Trustee
under Trust No. 7804-T only, and not individually
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8571173 B-2
LAWYERS TITLE OF ARIZONA, INC., an
Arizona corporation, in its capacity as Trustee under
Trust No. 7805-T only, and ~pt individually
ACKNOWLEDGMENT
STATE OF ARIZONA )
COUNTY OF PI/viA )
The forego~g instrument was acknowledged before me this ~/~ P'-~day of June,
2001, by. ~t',~'t I")"). ~L'C~:~- , a// /~,,;~. I/,~ ;)f¢~'.'~'r~t ~_~-- of Lawyers
Title of A~rlzoh~, I~c., an Arizona corporation, on behalf of the corporation, as trustee of Trusts
Nos. 7804-T and 7905-T.
Nonpublic
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