Loading...
HomeMy WebLinkAboutResolution 99-014 DA with Union Pacific RRMARA.NA RESOLUTION NO. 99-14 A RESOLUTION OF THE T()WN COUNCIL OF THE TOWN OF M.4.[LANA. ARIZO.N.~, ENTERJNG INTO A P~LE-.&NN E.',2ATIO.N AND DEVELOPMENT AGKEEMENT WITH L .-',-ION PACIFIC RAILROAD COMPANT. \VHEREAS. Union Pacific Railroad Company' desires to have certain properties owned b.~ it annexed into the corporate limits ofti:e Toxin o£Marana, and the Town o fMarana desires to annex such portions: and WHEREAS. prior to annexation Union Pacific Railroad Company and the Town o~.'Marana desire to set forth by Agreement their mutual promises and covenants relating to the annexation. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Toxin o£Marana. Arizona that the Pre-annexat on and Develooment .Agreement attached hereto as Exhibit A is hereby' accepted and adopted. and the .Mayor is directed to sign the Agreement. PASSED AND ,ADOPTED by the Mayor and Council of the Town o£.Marana, ,Arizona, this '~"a day' of Februau'. I999. ATTEST:/ Sandra L. Town C APPROVED &~S Mayor OP~A MAE ~JA~N' / PRE-ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA AND UNION PACIFIC RAILROAD COMPANY Exhibit A Exhibit B Exhibit C EXHtBITS TO DEVELOPMENT AGREEMENT Legal & map of Northern Corridor Annexation Legal & map of Southern B Corridor Annexation Legal & map of Cortaro Road/'l-10 Annexation PRE-ANNEXATION & DEVELOPMENT AGREEMENT This Pro-annexation and Dex elopment Agreement (the "Agreement") dated February 2. 1999 for reference potposes only, is entered into 55' and between THE TO\;,w O? MARAN~.. an Arizona municipal corporation !the "Town"). and the UNION PACIFIC R5ILROAD COMPANY. a Deiaware corporation ("Union Pacific"). RECITALS: A. Three portions of Union Pacific's railroad right-of-way through the Town are located outside of the Town's municipal boundaries. One of these segments of right-of-way lying in unincorporated Pima County is approximately 2.7 miles in length, lying approximately between Hardin Road on the north and the Trico-Marana Road on the south (the "North Parcel"). A second segment of right-el- way is approximately 2.35 miles in length, lying approximately between Linda Vista Road on the north and Cortaro Farms Road on the south (the ~Central Parcel"). The third segment of right-of-way is approximately 1.87 miles in length, beginming at approximately Conaro Farms Road and continuing to the Town's southern boundau' near Ina Road (the "South Parcel"). The North Parcel, Central Parcel and the South Parcel shall be referred to collectively in this Agreement as the "Union Pacific Parcels." B. The Union Pacific Parcels adjoin on the west corresponding segments of Interstate 10 ("I-10") right-of-way owned by the Arizona Department of Transportation (;'ADOT"), which also passes through the Town parallel to Union Pacific's railroad right-o~way. Like the Union Pacific Parcels. the corresponding 1- 10 right-of-way is located outside of the Town's municipal boundaries in unincorporated Pima County. C. Uniform and efficient adjudication of traffic citations on I-i0 by the Town is hampered by the fact that segments oil-10 are outside the Town's jurisdiction. Consequently, annexation of the 1-10 right-of-way is desirable. However. due to the efibct of the owner approval and contiguity requirements of Arizona municipal annexation law. the location of the Union Pacific Parcels outside of the Towu's boundaries makes it dit'ficult fbr the Town to annex ti~e I-10 right-of- way and adjacent private lands to create rauonal Town boundaries. O. 'Lmon Pacific is vailing to consent to the Town's annexation o£t!~c Union Pacific Parceis prov~dea (i>it rcceix es assurances regarding tiae Totin zonin~ classifications xxhicia will be applied to the L nion PaciEc Parcels tbliowing annexation: and {if) its agreement to suci: 3Bnexauon is 12o[ considered a waiver of any immunities I?onr certain Toxxn poiicc poxxer regniations tinion Paciiic enjoys by virtue oFapplicabIe provisions of federai and state iax~. E. Based on Union Pacific's willingness to consent to the Town's annexation o£the Union Pacilic Parcels. the Town has prepared three annexation areas corresponding to the respective Union Pacific Parcels, plus adjacent I-I 0 rights- of-way and certain other private properties. These annexation areas consist of(i) the Northern Corridor Annexation (including the North Parcel), a legal description and map of which is attached to this Agreement as Exhibit A: tit) the Southern B Corridor Annexation (including the Cemral Parcel). a legal description and map of which is attached to this Agreement as Exhibit B: and {iii) the Cortaro Road/i-10 A~mexation (including the South Parcel. a legal description and map o£ which is attached to this Agreement as Exhibit C. The Northern Corridor Annexation, Southern B Corridor Annexation and Cottaro Road/I-10 Annexation are collectively relbrred to in this Agreement as the "A~mexation Areas." The annexation of the Annexation Areas by the Town is referred to as the "Annexation." F. The Union Pacific Parcels are currently zoned RH by Pima County. Under the procedures followed by the Town for the zoning of mmexed areas, the Union Pacific Parcels will be given, simultaneously with annexation, a Town zoning classification allowing uses and densities no grea~er than those allowed by the existing Pima County zoning (the "Original Zoning"). G. The Original Zoning will not reflect the appropriate zoning lbr Union Pacific's right-of-way under the Toxvn's General Plan, The Town's Planning Director acknov¢ledges lhat the To;vn's LI (Light Industrial) zone is the appropriate Town zoning classification for the Union Pacific Parcels and those portions of the Union Pacific right-of-way already within the Town's boundaries. The Town's Planning Director further acknowledges that subsequent to annexation and translation of the zoning to the Original Zoning, a rezoning is necessary to adopt LI zoning for the Union Pacific Parcels and those potdons of the Union Pacific right-of-way already within the Town's boundaries (the "Rezoning"). H. The Town and Union Pacific are entering into this Agreement pursuant to the provisions ofA.R.S. sS 9-500.05 in order to t~acilitate the development of the Union Pacific Parcels by providing fbr, among other things: (i) the permitted uses of the Union Pacific Parcels and the intensity of such uses: (it) the conditions. terms. restrictions and requirements Ibr annexation oftlne Union Pacific Parcels hi.' the Town: and (iii) any other matters rela~ed to the development of the Union Pacific Parcels. I. The Town and Union Pacific acknowledge that the continned use and ~uture development or' the Union Pacific Parcels putsunto to this Agreement ,,','ill result in significani planning and economic bene~s ~o t~e Town by: (~ permx~nng t}~e ranonai expansion of the Tot~n's boundaries and the extension of Town serv{czs and jurisdiction to tl~e annexed areas: and <it) imv,ng tlqe use and de~ e!opn2en: of ti2e Lnion Pacific Parcels to be consistent xx ith the Yt, x~ n's General Plan. J. The go:erning body o~'ti~e Yo,.;n has authorized the execution o('this Agreemen~ by Resolution No. 99-14. to ;~hich this Agreement is attached. AGREEMENT: No:,,. therefore. in consideration of the promises and the mutuai obligations contained herein. line Toxic nod Union Pacific agree as follows: I. Annexation of the Union Pacific Parcels. Following execution o£this Agreement by the Town and Union Pacific, the Town sitall proceed with tile legislative procedures tbr the Annexation as Ibllows: 1.1. Annexation Petitions. The Town has established annexation areas corresponding to the Northern Corridor Annexation, the Southern B Corridor Annexation and the Cottaro Road/1-10 Annexation by preparing and filing in the office of the Pima County Recorder proposed forms of annexation petitions, legal descriptions and maps in the manner provided by A.R.S. ~ 9-471 (A)(1) to permit the Town to act on the Annexation. 1.2. Cottaro Road/1-10 Annexation Public Hearinto Pursuant to A.R.S. ¢ 9-471(A)(3), the Town held a public hearing on the Cottaro Road/I-10 Annexation on October 28, I998 and the Town conducted public hearings on the Northern Corridor Annexation and the Southern B Corridor Annexation on January 5, 1999. 1.3. Union Pacific A~oreement to Annexation. No later than February 2, 1999, Union Pacific shall execute and deliver to the Town an annexation petition nnconditionally agreeing to the annexation of the South Parcel to the Town as part of the Cottaro Road/I-I0 Annexation. Subsequent to February 5, 1999, but no later than February 15, 1999, Union Pacific shall execute and deliver to the Town annexation petitions unconditionally agreeing to the annexation of the North Parcel and Central Parcel. respectively, to the Town. Should the Town be unable to secure a sufficient number of signatures from other owners of property in any of the annexation areas within the time provided by A.R.S. ¢ 9-471(A)(4). then Union Pacific shall, for a period of one (1) year from the date of this Agreement, execute and deliver to the To,,~ n annexation petitions unconditionally agreeing to any such t~ture annexation of the Union Pacific Parcels. within fifteen (15) days of presentation by the Tow n of petitions for annexation areas including any part of those properties. i .4. Annexation Adoorion. immecliateiy upon rece~at of [ m/on Pacific's signature and all other necessary s~gnatures to complete the Co,Taro Road/i- i 0 %nnexation. and subjet: to To~xn approval of this Agreemere. the Town shall consider adosnon oi: an ordinance annexing the Cottaro Roadb I O Annexation area at tlne next scheduled Town Couacii Meenng. it :s anucmalea this shall occur on February 2. I90% framedlately upon receipt of Union Pacific's signature and all other nccessar) signatures to complete the Nortl~ern Corridor .4nnexanon ann ti~e Southern B Corridor Annexation petition. and subject to Town appro'~a] of dtxs .Agreement. the Toxin shall consider adoption of an ordinance annexing :inese areas at the next scheduled To~n Council Meeting. I5. Costs. All procedural and administrative costs and expenses of the Toxin pertaining to the Annexation shalI be paid by tile Town. Union Pacific shalI bear its own legal and consulting costs and expenses incurred in connection with the negotiation and preparation o1'this Agreement. 1.6. Extensions. The time periods set ~brth in this section may be modified by agreement of the parties. and the Town Manager of Town shall have the authority' to extend such time period without rite consent of the Mayor and Council. 2, Original Town Zoning. Concurrently with the adoption of each Annexation Ordinance, the Town shall initiate and proceed to adopt Original Zoning tbr the Union Pacific Parcels which vdl[ permit densities and uses no greater than those permitted by the County immediately, before the Annexation. The Town and Union Pacific agree that Original Zoning for the Union Pacific Parcels ,,,,'ill be the R-144 zone. 3. Rezoning. 3.l. South Parcel Rezoninz. Immediately following the Town's adoption of the ordinances for the annexation and original zoning of the South parcel. the Town shall initiate axld proceed with consideration o£ a rezoning of the South Parcel and that portion of the Union Pacific's right-o£-way currently within the Town's incorporated boundaries and lying between Ina Road on the north and the Town's southern boundary on the south. from the Town's R-144 Residential zone to the LI Light Industrial zone pursuant to applicable requirements of state law and the iVlarana Development Code. all at no cost to Union Pacific. The Town shall schedule and notice the rezoning so as to permit it to be heard by the Town's Planning and Zoning Commission on February 24, 1999. The Town Council shaIl act upon the rezoning request at the first Town Council Meeting immediately following the efi'ectiveness of the Annexation Ordinance. irrespective of whether a recommendation has been received from the Planning and Zonin,, Commission at that time. Union Pacific acknowledges that, although the Town's Planning Director recommends a cbange of zoning for tlne South Parcel and that pot'itoh of the Union Pacific's right-ot~way currently within tile Town's incorporated boundaries and lying bet~veen Ina Road on the north and the Town's southern boundary on tile soutit. the ultimate decision as ~o any retorting will tie with tile Tot~n Council. and iteltiler titis Agreement nor any other document or agreement may obIi.tmte tile Town to adopt SUCh claaDue Ol z. onlng. Notwithstanding (he aOove. Town staff acknowledges tiqat it llas rcviet,.ed ti'~e zoning for the subject nrooe:xv. and v, il] full?' support a change or' zoning befbre the Mayor and Council k~ltl.. no conditions. 3.2. North Parcel and Central Parcel Rezoninu. Following the Town's adnption o the ordinances For annexation and Original Zonin~ o£the North a ,.~.~ and/'or Central Parcel. the Town shall initiate and proceed with consideranon of a rezoning of'tile North Parcel and/or the Central Parcel. and an> other Union Pacific rights-of-wa.v located within the Town's incorporated boundaries and not previously rezoned under the provisions of Section 3.1 of this Agreement, front tl~e Town's R- 144 Residential zone to the LI Light industrial zone. pursuant to applicable requirements of state la,a and the Marana DeveIopment Code. all at no cost to Union Pact]t%. Union Pacific acknowledges that. although the Town's Pla~ming Director recommends a change of zoning ~br the subject property'. the t~Itimate decision as to an)' rczoning will lie with the Town Council, and neither this Agreement nor any other documem or agreement may obligate the Town to adopt such zoning. Notwithstanding the above, Town staff acknowledges that it has reviewed the zoning for the North Parcel and the Central Parcel. the Town shall initiate and proceed with consideration ofa rezoning of the Nortit Parcel. the Central Parcel, and any other Union Pacific rights-of-way located within the Town's incorporated boundaries and not previously rezoned under the provisions of Section 3.1 of this Agreement, and will fully support a change of zoning before the Mayor and Council with no conditions. 4. Non-Waiver oflmmuniU'. The Town agrees that by signing this Agreement and the Annexation petitions for the Union Pacific Parcels, Union Pacific does not waive any federal or state law immunities, defenses or protection it now or in the future may enjoy from the imposition and enforcement of any existing or future Town ordinances, regulations or policies controlling Union Pacific property an&'or the operation of Union Pacific trains through the Town. 5. General Provisions. 5.1. Recitals Incomorated. The recitals set ~brth above are accepted by the parties to be true and correct and are incorporated herein by this reference. 5.2. Headings. The descriptive headings of the secnons of this . o., aI~e,.t the Agreement are inserted for convenience only and shall not control - '*' "* meaning or construction of any' of the Agreement's provisions. 5.3. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement b3 this retbrence with the same force and eftbet as if it xxere fully set forth in the body of the .Agreement. 5.4. Entire Atzreement. Thts Agreement and tl~e attached exhibits constitute the entire agreement betxxeen the par~.~es peaaining to the subject matzer the .Agreement. ,-\i! prior and contemporaneous agreements. representations and ,2nclerstandings o.,"thc parnes. orai or written. are superscacti and merged ~n this '; q r'Urdle~ .~u~s. c .i OJ £ne natties to tills :~reemenf .... ~' promptlF and expeditiousi~ execute and dei}~er all : -, ,. . , off such acts as reasonabi? necessary. ~}om tinge to time, to ca~y otn t2e matters contemplaIed by this Agreement, 5.6. Recordation, This Agreement sinai] be recorded in its entirety in the of'ficial records of Pima County. Arizona not later than ten (10) days after this Agreement is executed by the Toxin and Union Pacific. 5,7. Amendments. No change or addition is to be made to this Agreement except bv a written amendment executed by the Town and Union PacffSc. Within ten (10) days after any amendment to this Agreement. such amendment shall be recorded in the official records of Pima Count,',', Arizona. The parties agree to conduct a review of the Agreement annually on the anniversao' of the Effective Date for the purpose ofidentit?ing mutually acceptable. necessary or desirable changes to tile Agreement. 5.8. Future Effect. 5.8.1. Time of Essence. Time is of the essence of this Agreement. 5.8.2. Successors and Assi_ons. Subject to the provisions of this section, all of the provisions of this Agreement shall inure to the benefit of and be binding upon successors and assigns of the parties to this Agreement pursuant to A.R.S. st 9-500.05(D). Union Pacific may assign all or a portion off its rights and obligations under this Agreement, provided: 5.8.2.1. The assignment is to a person or entity that has acquired all or a portion of the Annexation Parcels: and 5.8,2,2. The assignment is by written instrument, expressly assigning such rights and obligations. recorded in the official records of Pima County, Arizona: and 5.8.2.3. in the event of a complete assignment by Union Pacific of nil oF the rights and obligations of Union Pacific under this Agreement, and upon notice to and approval by the Town, Union Pacific's liability under tile Agreement sinall terminate effective upon the assumption by Union Pacific's assignee. 5.8.3 Term. This Agreement shall become effective upon its ,execution b~ all parties and the taking of e:'£ec: of a duly amhorized resolution of the iox~n's governing hod? (the "E~l~ct/~e Date" ~. The term of this Agreement shall commence upon tl:e Eii%ctive Date and sitall automatically terminate on tile second (?~) anniversar> off such date or suc~ earlier date as mutually agreed by the parses. Thd pa~les ~rthcr agrc~ ro cooperation in the r~,cordatlon or'any stlcn termlnar~on. 5.9. Notices. All notices. requests, demands or other col;qmunicadons ("Notices") required by this .Agreement or otherwise given in respect of any matter with which disagreement is concerited silali be in wrinng alld served by personal deli~cr> or deposited witlnin tlne U.S. Postal Service. cernfied mail return receipt requested. with proper postage alq]xed, addressed and dkectcd to tile parIF ~o receive the same as folIo~s: If to the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana. Arizona 85653 With a copy to: Danid J. Hochuli. Esq. Daniel J. Hochuli & Associates. P.C. 220 East Wetmore Rd.. Suite 1 I0 Tucson, Arizona 85705 If to Union Pacific: Union Pacific Railroacl Company Atiention: Assistant Vice President - Real Estate 1800 Faroare Street Omaha, Nebraska 68102 Witln a copy to: Union Pacific Railroad Company Attention: denera! Contract Counsel Law Department 1416 Dodge Street. Room g30 Omaha. Nebraska 68179 Except as otherwise specifically stated in this Agreement. all Notices shall be effective upon delivery and shall be deemed delivered on the date widen actually receix ed. Any party may designate a different person or entity or ctnange tlne place to which anx Notice sinall be given as provided in this Agreement. x~inich Notice slnall be ef'fecti,, e after tile same is actually received by the other party. 5 10. Dethuit: Remedies. i/either oarLv hereto defaults It!he "De,thultin5 Part_,."> with respect to an> of such party's ohiigations hereunder. then me other paru her'Cid ,,t~e "Non-Defaulting Pan5:') shall be entitled to g~e xwmen nonce m the manner prescribed in Section 5.9 to the De:huinng Part~,. ,vmch nonce shai; con-cereal. The Dclhulting Party shall then b, avc (i) twenr, (20) days i?o~t,. the date of such notice withSn which to correct such deihuh flit can reasonably be corrected b}' the payment of money. or di} sixty ~0()~ da>s from the date of such notice to cure such default if action other than the payment of money is reasonably requked. or if any such non-monetary dethult cannot reasonably be cured within sixty ~b0) days. then such longer period as may be reasonably required. provided and so long as such cure is promptly commenced within such period and therealler diligently prosecuted to completion. If any such defhult is not cured within the applicable time period(s) set fo~h above in this Section 5.10. then the Non-Defauhing Party shall be entitled to commence an action at law or in equiU' in the Pima County Superior CourL The pa~ies hereto agree that due to the nature of the annexation, once implementation of this Agreement tins begun. money damages and remedies at law will iikeiF be inadequate and tha~ specific perlbrmance will likely be appropriate for the enforcement offi~is Agreement. This ~ecdon 5.10 shall not limit any other rights, remedies, or causes of action that either pa~y may have at law or in equity. 5.11. Force Majeure. Notwithstanding an5, other term, condition or provision ttereofto the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters. acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for period equal to the delay occasioned by such events. 5.12. Attorneys' Fees. In the event either party hereto shall commence any civil action against the other to enibrce or terminate this Agreement or to recover damages for the breach of any of the provisions, covenants or terms of this Agreement on the part of the other part.',' to be kept and performed, the prevailing party in such civil action shall be entitled to recover from the other party, in addition to any relief to which such prevailing party may be entitled, all costs. expenses and reasonable attorneys' fees incurred in co~mection therewith. 5.13. Governinn Lax,,'. This Agreement is entered into in .Arizona and sball be construed and interpreted under the laxx, s of Arizona. In particular. this Agreemere is subjec~ to the provisions ot A.R.S. ~ ..,8->1 :. 5.i4. Coooeration in the Evem of Le_oai Challenge_. in tile event of any legal action or proceeding instituted by a third party challenging tile vahdity of an.',' provision of this Agreement. the parties agree to cooperate in diligently defending such action or proceeding. _~. ! 5. Severabilitx. i~ an'~ tt_,n.. provision. covenant. or condition of this Agreement is held by a court of competent jurisdiction to be invalid. ',oid or unentbrceabie. tl~e remaining orov~sions of th~s .k~reemcnt sinall continue in :UIi zbrze and effect. proviued that the overall intent of ti~e ~arnes is 2oc vmateci 'at sucll 5.i0. No Partnershin: ThlrJ '%rues. it ~s not iniended bs' tilis Agreement lo, and noti:mg contained in this Agreement shall. cream an>' parmersi]iz,. joint xenturc or oti~er arrangement bet~ een i niun Pacific and the Town, No tezn or provision of this Agreement is intended to. or shall, be for the benefit of any person. 15rm. organization or corporation not a part> to this Agreement. and no such other person, firm, organization or corporation shall lmve any right or cause of action under this Agreement. 5.17. Counlerpar~. This Agreement may be executed in two or more counterparts. each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures off all parties may be physicall? attached to a single document. 5.18. Conreliance with State La~vs. All actions taken by the Town pursuant to this Agreement shall be in accordance with applicable state laws including, but not limited to, A.R.S. ~ 34-201. el. seq. and A.R.S. § 42-303(D). IN WITNESS ¥VHEREOF. the parties have executed this Agreement as of the dates written below. TOWN OF ~'[ARANA an ,Arizona municipal corporation Mayor ATTEST: /Q'T--' .APPROVED AS TO FORM: Do~awar¢ corpoi~ab o~1 R.D. Um~,CH ,~ts: __ Assistant Vice Pres~der't Dated: STATEQF ~'- ~ COLreLY of ?ima The ibregoin~ instrument was acknowled?d belbre me day o£February. 1999. by O;'a Mae Ham. Ms?r. Toxxn o£Marana. Notary Public~' Commission Expires: STATE OF /'O'L'~-~-~f~.-f~ ) County of L The foregoinc instrument was ac~owledeed belbre me thi~~X . , ~.~/ .... 7 - ~ ........ - Assistant Vice ~res~d~z ,- Union Pacific Railroad Cornpan)', a DeIaware co~oration. on behalf of tl~e corporation. My Corem ssion Exp res Note?' Pubhc _~DIL C.J. C H RIS T.~NS E.,',I I THENCE NOETZ-i~Y .alONG SAID ?.a~'ALEL L~E AND DEPARR~'O SAD TO';~: i mrN-s TO AN ~_NGuE P0~'T ~' ~p% SOi-TH~&%STERLY ~GET-0F-WAY ', '~ ~RSTATE .~Gn ~ A~ l 0: T~:iNCE NORTi6%iSi!.qi_Y AZONG &sAD SOUTHWESTE.:kLT RIGHT-OF-WAY THROUGH PORRONS OF S~ SECTIONS 2~, 16~ I7.8, AND 7 TO ITS ~-TERSEC~ON 51q~d ~l EAST-~'iST N~-SECNON L~! OF S.~D SECTION Z .~SO BE~'G A POD;T ON ~r! T0~ 0F N~KNA T0';~- L~TS ESTAEL!S~iD BY 0RD~'ANCE NI_5~,ER 89.06 ~CO~ED N DOC~T 8S}8 P.%OS 777-8; EAST-WEST M-~-SECTiON LIN~ .z~N-D S.-g. LD TO%.~ Lb.~T$ TO ~S NTERSECTION ~,~,iT~i -~r qOUTH~;~EST~RZV PSGNT-O;-WAY LENi OF q &FD L.~i ix: P z CHIC ~' r r,© ,~ n, S.z!D TOVv_~ LEviiTS TO T'~ Vv~ST QL AR., :.R COANER OF SAND SECTION 3. ALSO OiOPL~NCE , ~ ~D ~'~ PAGE THINCE EAS!iPl!' ,zAONO Ti?i EAST~%iST N~-SECT!0N LLNi OF S.z,~ SECiJC'.N AND S.~ TO~&%' LbSiS TO !15 N~RSEC~C,N x;,iil~; Ti~ NORNdr z-STEF. LY ATOMY- OF-WAY L~i 0F S.~ L~ON PAC~!C KzZR0;D. S,zz~ LN~FSECTON ALSO ?'7_'SG~R 870f P./COPOED N D0,ii~T i0::~ PAGE 2297-c: I Lec, na-d Forties. )r. ?..L.5 T2~-~NCE NORllqYCESTS_~R!.y AAONG .&N~ ~.~ TO'¢~%' ~S TO ii8 .~TE~CTiON ~C0~ED N DOCENT 812! PAOE 265 362. PAGE 2~f?-6£ n[qT-'x;CE O~ 1~9,43 rEEl; lr_z ~'t~L£O .~iN_ 'e COL?~SES AP7 COD,-C!DENX- %1 .r.--' &-'.7~ TO ;3: Lz~F: ~- ¥H£NC~ £OUii~iASiiRZy .~ILONG N~ NOR~dE :STER!Y ~OHl 0F-WAT LD:E C,F iA~ L~iON PAC~!C ~RO_~ X~0L'OR PORTIONS OF SA~ SECNON5 ] 5 .,~1~ 12 ~CO~ED N BOOK 2 0F ROA~ NRPS PAGE d< Yi~NCE EAS~P~Y .~ONG S.~ SOUTH }iOi~-OF-WAY LN! l0 iTS N~RSEC~0i'.2 ~Jvl~ ~ NORTi~ASTE~Y MGHT-OF-%'A!' L~i 0F i'/~%l T%'CSON ELECTPiC POWER T~eN'SNSSSION ~GRV-OF-WAY ~CO~OED ~{ DOC}iT 13~9 PAGE 94; ii~NCE $C:Lii~iRi y ALONG ii.~l ~e~l LLNi Of S,z~ NOR ~l~V~lS! 0L'.-?,iR OF i HE S,i'L~AST QL'.vR~R TO ~S NiPSECZON ',', ~ ~ ::: nz NOR~~ ~S~Pli' TiGHT-'i,5 ';CAT L51 0F lkel rCCSON ELECP{C PC'~a =x = AT THE };ORiHY',,-ESTE~¥-.'v!OSi CO~NER OF THAT P.AiCEL E ESC52BED 0268 AT PAO~ 2250. P!CO~S 0F S.~ P~NR COE!;YI'. SAID PO~{T .~2Sr} THENCE NORTiE 45~i'05" EAST 0RECOPd~}, PE,RP~DiCUL.~'I TO THE _LIEDhEN CE.~-iE?iiiL! AS SHO%¥..'N ON ADOT DR.%\V!N'6 NO. D-I0-i-287, PROJ~:Ci NO. I-I0-4{28} 239. YO THE 5OUTH%VESiERAY RiGHI-OF-WAY LiNE OF THE UhION PACiFiC NSiLROAD (FOP, NfERAY 5OUTHEP~N PACIR;C ln-~NCz CONINI;E NORiS -~$ -' 05 EAST PEiEPENDICLlAP, Y0 S.~D NfEDLeN PACIFIC ~ATT RD:D. THENCE SOUTHEASTERLY .'.LONG SP,ID NORTBiASTERLY R-~'q-ROAD RiGHT-OF- \VAT LNE iNtOUGH SECTIONS 26, 25. A2qD 36 TO iTS INTERSECi!ON P~SENT NL-,'-R.-LNA TO ~¥1N L~IIlS AS DEFENTD N ORDIN.&'4CE NO. 96-32 AND SHO~,¥1N N BOOK 48 OF _',,RPS ~_NqO PLATS AT PAGE 79: I-!-. ~!N C~ ¥v'EbTzRit..&LONG S AiD ~,L&;C&N' & YO'~'.'N LD,~iS. TO T~ qn~ :'~ n-~'~"n:-p ? ~.' PdCrn t-O.r:'-\~ At [KN~_ OF NT~RSt ATE HIGHWAY ]0; THENCE NORTHVv'ESYERLY ALONG S.~D SOUTHWESTERLY R!GHT-OF-V.¥'.%y CONiLNllh'G .~!ONO IHE NP, P,-&x;A lO~¥1'q L]N~qlS, THROUGH SECTIONS 36.35. FDhD 26 iO THE CENiERLIN'E OF IC~iSER ROAD {ABA"EDONtD) AS DESCPdBED S313 AT PAGE 1937 AND AS SHO%.~ N BOOK 42 OF NL~aS AND PLATS 5A~D CENiEPiNE EENG A CURVE. CONCAVE iO THE SOUIHEASY~ HAVinG RADNiS OF 5729.6S PEET AND FROM ~HiCH PONY A ~eDl.m~ LNE BEAP, 5 Sni'UN El'if" EAST. THE FOLLO',,X~'O COURSES CONR51:NG ALONG SAID N f Lb, tiTS: