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HomeMy WebLinkAboutResolution 99-065 IGA for transfer to marana of avra valley airportMARANA RESOLUTION NO. 99-65 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY TO AUTHORIZE THE TOWN OF MARANA TO EFFECTUATE A COMPLETE AND FULL TRANSFER OF THE AVRA VALLEY AIRPORT FROM PIMA COUNTY TO THE TOWN OF MARANA. WHEREAS, the Town has been working with representatives from Pima County to effectuate a complete and full transfer of the Avra Valley Airport from Pima County to the Town; and WHEREAS, staff from the Town and Pima County have prepared an Intergovernmental Agreement to effectuate transfer of the airport, see Exhibit A (IGA), on file in the office of the Town Clerk; and WHEREAS, the Town is authorized to enter into this Intergovernmental Agreement pursuant to A.R.S. § 11-951, et seq.; and WHEREAS, acceptance of this Intergovernmental Agreement between the Town of Marana and Pima County will benefit the residents of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Intergovernmental Agreement between the Town of Marana and Pima County for transfer of the Avra Valley Airport to the Town of Marana is hereby approved, and Town staff is authorized to proceed with annexation of the Avra Valley Airport, subject to the approval of the Pima County Board of Supervisors. BE IT FURTHER RESOLVED that Town staff is authorized to execute said Intergovernmental Agreement on behalf of the Town of Marana as well as any other documents necessary and proper to effectuate the purpose of the Intergovernmental Agreement. Maram Resolution No. 99-65 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of June, 1999. ATTEST: tz APPROVED AS TO FO~ Daniel J. Hochu~i~-"' As Town Attorney and not personally Mayor B TON, JR. Maram Resolution No. 99-65 Page 2 of 2 ~ ,> y F.. ANN RODRIGUEZ, RECORDER RECORDED BY: JEB DEPUTY RECORDER 2012 R045 DOCKET: 11122 PAGE: 1548 NO. OF PAGES: 12 SEQUENCE: 19991680581 08/31/1999 H1..0 16: O<qecaived ~)fl TLAT'I DANIEL J HOCHULI & ASSOCIATES 220 E WETMORE RD 110 TUCSON AZ 85705 AG MJ\.IL SEP 0 9 1999 AMOUNT PAID $ 17.00 When recorded. return to: Daniel 1. Hochu1i, Esq. Daniel 1. Hochu1i & Associates 220 E. Wetmore Rd., Suite 110 Tucson, AZ 85705 CONTRACT i t \i',l') 0 l-fltI. M- /'"2..u.oS"b -oe-q<=t i Il>J':.,.;'l> I \ f ,'e <; ~ll''1~~J:NT NO. I ,.,u~t,;.\.\V~H'" i t appear on all \This numbel muS d ,. correspondence, an \ \nvc\ces, . .. to this Idccurnents pertaIning \ ".r>~,.~r;:;ct "".j."> L. Intergovernnnentaii\greennent between Pinna County and the Town of Marana This Intergovernmental Agreement ("Agreement") is entered into this 15th day of June, 1999, by and between the Town of Marana, a municipal corporation (hereinafter "Marana") and Pima County (hereinafter "County"). RECITALS i\. County is the owner of an airport known as the A vra Valley Airport (hereinafter the "Airport"), which is entirely upon property which is owned by County and/or the State of Arizona and not within the boundaries of Marana, but is a county island within Marana. B. The F edera1 Aviation Administration (hereinafter "FAA") has granted sponsorship of the Airport to Pima County, together with the rights and obligations which come with sponsorship. c. County desires to transfer all right, title and interest in the Airport to Marana, and Marana desires to accept such interest from the County, effectuating a complete and full transfer of the Airport from County to Marana. Marana desires to annex the Airport and surrounding property within the county island into the town limits. : ... 1 1 D. ........ L Now, therefore, in consideration of the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Marana and County agree as follows: AGREEMENT i 5 .,. 1. Recitals. The recitals set forth above are incorporated into the terms ofthis Agreement. 2. i\uthority. Marana enters into this Agreement by authority of A.R.S. 99-240 and County enters into this Agreement by authority of A.R.S. 911-952. 3. Fundine. Each party warrants and represents that it has sufficient funds within its respective budget to discharge the obligations and duties assumed under this Agreement. Should either 1"\l"lc-rt'l .f"l 1 to ,.....htr"li.,.... ("',...,,""t~""'"J1 orl f; lri.-1~",.... rlllM1'" n- thA tr:,rrn "......... th~ r ^ ,.,.~ot:lo"t""t"'l "'~.,. +1-,""'Ol'1"'l., '=' .ft")~ 1111"'0 ~.f .t'-...",; ....._.......... "'..,_..._.......a. ._...........a...........a._.....-. ....-.L...................:;, ---.........,-....b .........~ "'-......."-.... ......-&. ;0.................. ...0....--......................" ............ .....0....' _ .....-......--....... ".... appropriation or approval of funds, this Agreement shall be deemed to terminate by operation oflaw. In such event tennination shall be effective upon the last day ofthe year fo~ which funds had been appropriated Qr approved. Marana/Pima County IGA 1 4. Jurisdiction. Nothing in this Agreement is to be construed as either limiting or extending the legal jurisdiction of either party to this Agreement. 5. Purpose. The purpose of this Agreement is to provide for the transfer of ownership ofthe Airport from County to Marana, in exchange for the payment of the consideration set forth hereinafter, to wit, the sum oftwo hundred six thousand, two hundred ($206,200.00) dollars. This Agreement shall not be interpreted so as to create any additional or continuing obligations on the part of County pertaining to the Airport beyond those obligations imposed by this Agreement. 6. Term. This Agreement shall become effective upon its execution and recordation with the Pima County Recorder, and shall remain in effect for such time as is necessary to allow the parties to fulfill their obligations under this Agreement, but in no event no longer than six months, except as specifically provided hereinafter. 7. Airport Premises Transferred. County hereby relinquishes to Marana, pursuant to the terms of this Agreement, all rights, title and interest in the Airport. Upon execution of this Agreement, County shall transfer the Airport to Marana as hereinafter set forth. a. Real Property. County shall transfer to Marana, by warranty deed, all right, title and interest of any kind in all real property at the Airport which is owned by County. This transfer shall include all fixtures, improvements, and future rights to improvements, including but not limited to fences, hangars, runways, lighting systems, etc. County shall not be responsible for any costs of closing or title insurance. The property interest to be transferred to Marana by County shall be the same interest currently possessed by County, whether it is a fee simple interest, or a lesser interest such as a lease, right of way, easement, etc. b. Personal Property. County shall transfer to Marana, by bill of sale, vehicle title transfer, or other acceptable instrument, all personal property at the Airport except that specific property listed on Exhibit "A" to this Agreement, said property to be removed from the Airport within thirty (30) days of the date ofthis Agreement. c. Transfer of Sponsorship. County shall take all necessary steps and sign all necessary documents to transfer ADOT and FAA Sponsorship of the Airport to Marana, including but not limited to a Relinquishment and Assumption Agreement satisfactory to ADOT and the FAA. Pendine Projects & Open Contracts. It is understood between the parties that at the time of transfer there may be pending projects and open contracts relative to the Airport. It is agreed between the parties that any such projects and contracts will be transferred to Marana, and Marana shall be responsible for completion of all such projects. Project No. 4A-2304 is presently under construction and County agrees to complete Project No. 4A-2304 notwithstanding this provision. It is further agreed that Marana will be entitled to any outstanding funding for Airport acquisitions and projects, no matter the source, including funding for acquisitions and projects which predated this Agreement. It is contemplated by the parties that upon transfer of the Airport, Marana will take the place of County, and shall be responsible for, and benefit from, any pending projects and open contracts. d. i 1 2 2 ~ , 4 =-:} MaranalPima County IGA 2 e. Transfer of Leases and Riehts of Way. County shall transfer all leases relating to the Airport to Marana, as set forth on Exhibit "B" hereto, as soon as possible following the effective date of this Agreement. County shall transfer its interest in rights of way numbers 16-96341 and 16-99522 granted by the State of Arizona Land Department to Marana as soon as possible following the effective date of this Agreement. f. Storm Water Permit. The parties acknowledge that Pima County currently holds an EP A Storm Water Permit, FCC Unicorn License, NDB License, and other usual and necessary licenses and permits relative to the operation of an airport. The parties agree to cooperate toward the transfer ofthese permits & licenses from Pima County to Marana, or effectuate the cancellation ofthese permits & licenses by Pima County. g. Water Wells. County owns two water wells upon Airport property which are not transferred to Marana by this Agreement. By this Agreement, County and Marana agree to enter into a lease of the related equipment and appurtenances for the two wells at no cost. By separate lease agreement, Pima County agrees to allow Marana the use of the wells. Marana agrees to operate and maintain said wells at its own expense. h. Execution of Documents. County agrees to sign all necessary documents and take other necessary actions to complete the transactions contemplated by this Agreement, and shall cooperate in good faith toward completion of the transfer of the Airport. 8. Acceptance of Airport bv Marana. Upon execution of this Agreement, Marana shall accept ownership of the Airport as hereinafter set forth. a. Payment of Monies & Acceptance of Property. Marana shall pay to County the sum of two hundred six thousand, two hundred ($206,200.00) dollars upon closing of escrow, and shall accept the transfers of deeds and bills of sale for the Airport real and personal property. b. Transfer of Sponsorship. Marana shall take all necessary steps and sign all necessary documents to transfer ADOT and FAA Sponsorship of the Airport to Marana, including but not limited to a Relinquishment and Assumption Agreement satisfactory to the FAA and ADOT. Transfer of Leases and Ri~hts of Wav. County shall transfer to Marana by assignment as soon as possible following the effective date of this Agreement. i. All leases relating to the Airport as set forth on Exhibit "B" hereto; c. ii. i 1 d. All interest in Rights of Way Nos. 16-96341 and 16-99522 granted by the State of Arizona Land Department. Responsibility After Transfer. Upon the transfer of the Airport, Marana shall forever thereafter assume complete responsibility as owner for the operation, maintenance, and administration of the Airport, including payments of all utilities, taxes, licenses, and other expenses of any nature associated with the Airport. In undertaking such obligations, Marana shall comply with any and all laws, ordinances, rules, regulations and requirements imposed by federal, state, and local government authorities which pertain to the Airport. 1 ..-.. '"/ . . .ro 1 ::::; .-- . o MaranalPima County IGA 3 15. e. Execution of Documents. Marana agrees to sign all necessary documents and take other necessary actions to complete the transactions contemplated by this Agreement, and shall cooperate in good faith toward completion ofthe transfer of the Airport. 9. Indemnification. Each party to this Agreement shall indemnify, defend, and hold harmless the other party, its officers, departments, employees, agents and attorneys from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or damages, including consequential damages, liability, interest, attorneys' and accountants' fees or costs and expenses of whatsoever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault, negligence, violation, or alleged violation of any law, whether active or passive, of the indemnifying party, its agents, employees, or anyone acting under its direction, control, or in its behalf, in connection with or incident to the performance of this Agreement. This indemnification provision shall survive the term of this Agreement set forth in Section 6 above. 10. N on-Assi!!nment. Due to the special nature of this Agreement, it is not assignable by a party to the Agreement without the written consent of the other party. 11. Non-Discrimination. The parties to this Agreement shall not discriminate against any indi vidual in any way on account of such individual's race, color, religion, sex, age, handicap or national origin. Executive Order No. 99-4 of the State of Arizona is hereby incorporated into this Agreement by reference, as if set forth fully herein. 12. Compliance with Laws. The parties to this Agreement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated with this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in Arizona court. 13. Status of Parties. Marana shall not be considered an agent of County or to be otherwise acting on County's behalfunder this Agreement. Marana shall not purchase any materials, equipment, or supplies on the credit of County, and Marana shall not pledge the credit of County for any purpose. 14. Default. The failure of either party to cure any breach after fifteen (15) days after receipt of written notice shall constitute a default under the provisions of this Agreement. Upon the default of either party, the non-defaulting party may elect to pursue any remedy available at law or equity. Severabilitv. The terms and conditions ofthis Agreement are separate and severable and if one portion ofthis Agreement is or becomes unenforceable as a matter oflaw, the validity of the remaining portion shall not be effected. 1 .. . . .. . 16. Notice. Any notice or election required to be given pursuant to the terms of this Agreement shall be in writing and delivered personally or mailed by certified mail return receipt requested. If personally delivered, the notice is deemed given upon delivery. If mailed certified mail return receipt requested, notice is deemed given five (5) days following the mailing. Notices shall be sent or delivered to the parties at the following addresses or at any such place as may be designated from time to time: ::: L 1 J ~ i MaranalPima County IGA 4 County Pima County Administrator 130 W. Congress Tucson, Arizona 85701-1317 Copy to: Richard McKee Assistant County Attorney 32 N. Stone, Suite 1500 Tucson, Arizona 85701 Marana Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 Copy to: Marana Town Attorney Daniel J. Hochuli & Associates, P.c. 220 E. Wetmore Rd., Suite 110 Tucson, AZ 85705 17. Entire Aereement. This Agreement contains the entire agreement of the parties and supersedes any previous agreement or understanding between the parties and may not be amended or modified unless in writing and signed by the parties. 18. Time is of the Essence. Time is of the essence of this Agreement and of each and every provision of this Agreement. 19. Arizona Law. This Agreement shall be governed by Arizona Law and venue shall be proper in Pima County, Arizona. 20. Construction of Aereement. a. Entire Aereement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. Construction & Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof Captions & Headines. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect 1 '" 1 c. ... :2 d. 2 1 e. ~ 5 2 MaranalPima County IGA 5 without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. Mutual Preparation. This Agreement has been negotiated by the parties and shall not be interpreted against the parties preparing the Agreement. The paragraph titles are included for convenience purposes only and are not to be construed as part of the terms and conditions of this Agreement. 21. Le2al Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Pima County or Marana. 22. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between Pima County and Marana employees, or between Marana and Pima County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever ofthe other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 23. No Third Party Beneficiaries. Nothing in the provisions ofthis Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of streets and highways different from the standard of care imposed by law. 24. Non-Warranty. The parties do not warrant their respective right or power to enter into this Agreement and if the same is declared null and void by court action initiated by third persons, there shall be no liability to the other party by reason of such action or by reason of this Agreement. 25. Conflict of Interest. This Agreement, and the parties hereto, are subject to the provisions of A.R.S. S38-511. 26. Resolution. Each party has obtained the appropriate resolution authorizing this Agreement. ! 1 . . ... -=- 2 1 ~ MaranalPima County IGA 6 In Witness Whereof, the parties have executed this Agreement as of the dates written below. Pima County Town of Marana ~ SQo..,V"CM ~~Or\ By: Sharon Bronson Its: Chair, Board of Supervisors By: Bobby J. Sutton, Jr. Its: Mayor A:;t L~44J By('tori Gocfoshian Its: Clerk of the Board of Supervisors ATTEST: By: Jocelyn Entz Its: Town Clerk i .a 1 L -f i .a :::J: -4 MaranalPima County IGA 7 In Witness Whereof, the parties have executed this Agreement as ofthe dates written below. Pima County Town of Marana ~ By: Bob "Sutton, Jr. Its: Mayor By: Sharon Bronson Its: Chair, Board of Supervisors ATTEST: ATTEST: By: Lori Godoshian Its: Clerk ofthe Board of Supervisors 1 1 1 L .-.. L .-.. :.c ~ i C ...Jo :J MaranaJPima County IGA 7 REVIEWED AND APPROVED AS TO FORM & AUTHORITY Pursuant to A.R.S. 9 11-952 (D), the attorneys for the parties hereto have determined that the foregoing Agreement is in proper form and is within the powers and authority granted to the parties under the laws of the State of Arizona. -~~'c Richa McKee Assistant County Attorney - Daniel J. Hochuli Marana Town Attorney 1 ~ ... 2: 2: 1 ,-- :::i MaranalPima County IGA 8 REVIEWED AND APPROVED AS TO FORM & AUTHORITY Pursuant to A.R.S. 9 11-952 (D), the attorneys for the parties hereto have determined that the foregoing Agreement is in proper form and is within the powers and authority granted to the parties under the laws of the State of Arizona. Richard McKee Assistant County Attorney MaranalPima County IGA Daniel J. Hochuli Marana Town Attorney 1 ~ : : L L ~ .! :J =- :::J: E 8 EXHIBIT A 1. 1983 Ford 1500 Tractor, TH-7, PCN-52985 2. 1988 Ford Tiger Mower 5610, TH-8, PCN 69215 3. Fire Truck, VIN # IGCDKlliYJ2220298 4. Extra wind socks. 1 i 1 z L 1 c;: -r 8 EXHIBIT B 1. "Avra Valley Airport Sublease' dated November 2,1981, by and between PIMA COUNTY, a political subdivision of the State of Arizona, and APEC, INC., d/b/a A VRA V ALLEY AVIATION, the sublessee's interest in which was assigned to PIMA AVIATION, INC., an Arizona corporation by "Assignment of Sublease" dated July 31, 1989 and recorded in Docket 8590, Page 2159, covering approximately 26 acres. 2. "Avra Valley Airport Lease Agreement" dated February 12, 1991, aby and between PIMA COUNTY, a political subdivision of the State of Arizona and Pima Aviation, Inc., covering approximately 10 acres. 3. "A vra Valley Airport Lease Agreement" dated June 28, 1991, by and between PIMA COUNTY, a political subdivision of the State of Arizona and Pima Aviation, Inc., covering approximately 7.91 acres. 4. "Avra Valley Airport Lease Agreement dated September 20, 1994, by and between PIMA COUNTY, a political subdivision of the State of Arizona and PIMA AVIATION, INC., covering approximately 2.51 acres. 5. "Avra Valley Airport Lease Agreement" dated September 1, 1992, by and between PIMA COUNTY, a political subdivision of the State of Arizona, and Maricopa Aircraft Service, Inc., covering approximately 5 acres. 1 1 i ~ i '3 F. ANN RODRIGUEZ, ~~CORDER RECORDED BY: JEB . ) DEPUTY RECORDER 2012 R045 DOCKE~ 11122 PAGE -\ 1560 NO. OlrPAGES: 5 SEQUENCE: 19991680582 08/31/1999 WTDEED 16:00 TLATI ' LAWYERS TITLE 5255 E WILLIAMS CIRCLE STE 1050 TUCSON AZ 85711 PICKUP AMOUNT PAID $ 9.00 SPECIAL WARRANTY DEED For valuable consideration, Pima County, a political subdivision of the State of Arizona, ("Grantor") does hereby convey to the Town of Marana, a municipal corporation, the following described property situate in Pima County, Arizona: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION SUBJECT TO all matters of record. And it does warrant the title against all acts of Grantor only, subject only to matters above set forth. Dated this [St\- day of Ju/t\'L-- ,1999. PIMA COUNTY: By: ~hOo.kM ~$O() Chair of the Board of SuperVIsors Grantor STATE OF ARIZONA ) ) ss COUNTY OF PIMA ) Thi, i9~~ent ")\, acknowledged before me thi, p~y of 1999, by ~ ~Q??~ as the Chair of the Pi a County Bo / . OFFICIAL SEAL . LORI A GODOSHIAN '~.,~~!1!~~~~~:: Notary Public i ~ i Agent: N/A File #:10,290-037 T .:i:.. , EXEMPTION: A.R.S. ~ 42-1614.A.3. Board of Directors Approval: 6/15/99 P [] De [] Do [] E [ ] t~ j EXHIBIT "A-I" Gila and Salt River Meridian, Arizona: T12S, RIlE, Sec. 3, SWIASW1A; Sec. 4, NEIASE4, SY2SEIA; Sec. 9, NEIA; Sec. 10, WY2~1A Containing 400 acres, according to the approved plat of survey thereof on file in the Bureau of Land Management. (Reference Patent recorded in Docket 6890 at Page 852, Pima County, Arizona, Recorder's Office.) SLW:dh ExhibitA-1 1 ~ , ~ i :2 1 .r- b i EXHIBIT A-2 A PORTION OF THE SOUTHWEST QUARTER (SW4) OF SECTION 3, TOWNSHIP 12 SOUTH, RANGE 11 EAST, GILA AND .SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PRECISELY DESCRIBED AS FOLLOWS: . . COMMENCING AT THE SOUTHWEST CORNER OF SECTION 3, THENCE N89026'4rE ALONG THE SOUTH LINE OF SECTION 3, A DISTANCE OF 1317.39 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE4SW4) OF SECTION 3; THENCE N89026'42"E ALONG THE SOUTH LINE OF SECTION 3, A DISTANCE-OF 777.32 FEET; THENCE N44053'50"W, A DISTANCE OF 555.04 FEET; THENCE S45005'48"W, A DISTANCE OF 544.50 FEET; THENCE S00033'21"E, A DISTANCE OF 16.34 FEET TO THE POINT OF BEGI~NING. CONTAINING 3.61 ACRES MORE OR LESS. A PORTION OF THE NORTH HALF (N2) OF SECTION 10, TOWNSHIP 12 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PRECISELY DESCRIBED AS FOLLOWS: COMJENCING AT THE NORTHWEST CORNER OF SECTION 10, THENCE N89026'4rE ALONG THE NORTH LINE OF SECTION 10, A DISTANCE OF 1317.39 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER (E2NW4) OF SECTION 10; THENCE SOoo34'21"E, A DISTANCE OF 349.32 FEET; THENCE S44053'50"E, A DISTANCE OF 1758.44 FEET; THENCE N45005'48"E, A DISTANCE OF 800:00 FEET; THENCE N44053'48"W, A DISTANCE OF 1464.96 FEET TO THE NORTH LINE OF SECTION 10; . THENCE S89026'42"W, ALONG THE NORTH LINE THEREOF, A DISTANCE OF 777.32 FEET TO THE POINT OF BEGINNING. CONTAINING 32.72 ACRES MORE OR LESS. BOTH PARCEL CONTAIN 36.33 ACRES MORE OR lESS. 1 (Reference state patent no. 53-52490-01, recorded in Docket 10312, page 479, Pima County, Arizona, Recorder's Office) .... .. . :- :::::Jo ;:... :J EXHIBIT A -3 (page 1 of 2) P^RCEb..,!: All that portfon of the East half of the Northwest quarter of Sectfon 4, Town~h1p 12 South, Range 11 East, Gila and Salt Rfver Base and Meridian, Pima County, Arizona. more particularly described as follows: BEGINNING at the Southeast corner of the Northwest quarter of Section 4. said point being the true Pofnt of.B!gfnning; THENCE South 89 degrees 27 minutes 30 se:)nds West. .'ong the South line of said East half of the Northwest quarter of Sectton 4. 732.64 feet to a point being North 89 degrees 27 minutes 30 seconds East. 586.50 feet from the Southwest corner 0' the Southeast quarter of the Northwest quarter of Section 4, THENCE North 45 degrees 06 minutes 10 seconds East, 264.09 feet to a point; THENCE Nort~ 50 degrees 36 minutes 28 secon~s West. 1004.99 feet to a point on the West line of Slid East half of the Northwest quarter being South 00 degrees 24 minutes 29 seconds East, 485.25 feet from the Northwest corner of said Southeast quarter of the Northwest quarter of Section 4; THENCE North 45 degrees 06 minutes 10 seconds East. 697.59 feet to . point on the North line of said Southeast quarter of the Northwest quarter of Section 4 being North 89 degrees 10 mInutes 37 seconds East. 497.66 feet from the Northwest corner of said ~'utheast quarter of the Northwest quarter of Section 4, THENCE conttnutng North 45 degrees 06 min~tes 10 seconds East, 2.41 feet to a point; . THENCE South 39 degrees 11 minutes 12 seconds East. 2.14 feet to a point on the North line of said Southeast quarter of the Northwest quarter of Section 4 being South 89 degrees 10 minutes 37 seconds West, 813.07 feet from the Northeast corner of said Southeast quarter of the Northwest quarter of Section 4i THENCE continuing South 39 degrees 11 minutes 12 seconds East. 1002.85 feet to a polnti THENCE North 4S degrees 06 minutes 10 ~econds East. 260.92 feet to a polrot on the East line of said East half of the Northwest quarter of Section 4 being South 00 degrees 31 minutes 14 seconds East, 604.84 feet from the Northeast corner of said'Southeast quarter of the Northwest quarter of Sectton 4, THENCE South 00 degr~es 31 minutes 14 seconds East, along the East line of said East half of the Northwest quarter of Section 4. 716.60 f~~t to the Southeast corner of said Southeast quarter of the Northwest quarter of Section 4, Slid point being the True Point of Beginning. -I .! -I 1 ... ? =- , r- Ot .... --0" - . EXHfBrr A -3 (page 2 of 2) PARCEL B: ------. All that DortioR qf the Southwest quarter of the Northeast quarter of Sect1on"~, Townshfp 12 South, Range 11 East, Gila and Salt River Base and Herjd1an, Pima County, Arizonl, more particularly described as fgl10ws': ' BEGINNING at the Southwest corner of said Southwest quarter of the Northeast quarter of Section 4, said point being the True Point of B~ginning; THENCE North 00 degrees 31 minutes 14 seconds West, along the West line of said Southwest quarter of the Northeast quarter of Section 4, 716.60 feet to a point being South 00 degrees 31 minutes 14 . seconds East, 604.84 feet from the Northwest corner of said Southwest quarter of the Northea~t quarter of Section 4; THENCE North 45 degrees 06 minutes 10 seco~ds Elst, 239.08 feet to a point; THENCE South 44 degrees 53 minutes 50 seconds East. l236.27 feet to a point on the South l1ne of said Southwest quart~r ~f the Northeast quarter of Section 4 being South 89 degrees 28 m1nutes 13 seconds West, 284.04 feet from the Southeast corner ~f said Southwest quarter of the Northeast quarter of Sectiun 4: THENCE Sout~ 89 degrees 28 minutes 13 secnn~s West, along the Sauth l1ne af said Southwest quarter of the Hor~heast quarter of Section 4, 1035.50 feet to the Southwest carn~r of said Southwest quarter of the Northeast quarter of Section 4. said point being the True Point of Begtnning. (Reference deed recorded at Docket 9255, page 1428, Pima County, Arizona, Recorder's Office) ~ , 1 ~ , .L 2 5 c= .... ...... ,