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HomeMy WebLinkAboutResolution 2009-157 acquisition and exchange agreement with Ying family trustMARANA RESOLUTION N0.2009-157 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF AN ACQUISITION AND EXCHANGE AGREEMENT TO ACQUIRE A PORTION OF PARCEL NUMBER 216-23-0720, OWNED BY THE YING FAMILY TRUST, FOR THE CAMINO DE MANANA ROADWAY PROJECT, AND DECLARING AN EMERGENCY WHEREAS the Town of Marana needs to acquire certain property rights for the Camino de Marana Roadway Improvement Project No. 2001-052 (the Project); and WHEREAS, the Ying Family Trust and the Town desire to enter into an acquisition and exchange agreement for rights-of--way needed for the Project from a parcel owned by the Ying Family Trust and identified as parcel number 216-23-0720; and WHEREAS the Mayor and Council find that the terms and conditions of the proposed acquisition and exchange agreement attached to this resolution as Exhibit A are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the acquisition and exchange agreement between the Town of Marana and the Ying Family Trust, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and Keith Brann, Town Engineer, is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. BE IT FURTHER RESOLVED that since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of September, 2009. ay d onea APPROVED AS TO FORM: yn C.,I~fonson, Town Clerk -~~ ~~°. Frank Cassidy, Town Atto y F. ANN RODRIGUEZ, RECORDER RECORDED BY: MRB pF PI DEPU RECORDER ti ~ '`9 '~'~~ ~O 1562 PE-1 SMARA W ~U ~~ ~Z TOWN OF MARANA ~`1~ ~ wl'I~ ATTN: TOWN CLERK '9RIZO1IQ' 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCKET: 13688 P 9 N F PAGES: 10 SEQUENCE:. 20092230003 11/19/2009 AG 08:33 MAIL ~ ~ AMOUNT PAID $ 10..50 ROADWAY EXCHANGE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE YING FAMII~Y TRUST THIS AGREEMENT (this "Agreement") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town") and YING-HUA LIN, TRUSTEE OF THE YiNG FAMILY TRUST U/D/T JULY 18, 2008 (the "Trust"). The Town and the Trust are sometimes collectively referred to as the "Parties," and each is sometimes individually referred to as a "Par- ty. RECITALS A. The Trust owns a parcel of property located along Camino de Mariana, north of Lam- bert Lane within the Camino de Mariana Roadway Improvement Project No. 2001-52 (the "Project"). B. The Town will be constructing roadway improvements along Camino de Mariana from the new Twin Peaks Traffic Interchange to Tangerine Road. C. The Town desires to acquire from the Trust land needed for the Project as described and shown in attached Exhibits "A" and "A-l," and referred to in this Agreement as the "Acqui- sition Area." D. The Trust desires to transfer the Acquisition Area to the Town in exchange for the ab- andonment in favor of the Trust of a portion of Decker Drive described and shown in attached Exhibits "B" and "B-1," and referred to in this Agreement as the "Exchange Area." E. The Trust plans to assemble parcels 216-23-0720 and 216-23-073C for future devel- opment, to be served by a new internal subdivision roadway system, eliminating the need for a public roadway over the Exchange Area. F. The Exchange Area currently consists of an unimproved dirt road that appears to pro- vide legal access to four vacant parcels south of parce1216-23-073C; therefore, reservation of an ingress/egress easement will be conditional to the exchange and abandonment of the Exchange Area, pursuant to A.R.S. § 28-7215(A). G. The Acquisition Area is 53,305 square feet in size, and the Exchange Area is 31,299 square feet. H. The Town is authorized to exchange right-of--way pursuant to A.R.S. § 28-7203, even where payment occurs due to a difference in the values of the exchanged lands (Mackey v. City of Tucson, 208 Ariz. 527, 96 P.3d 231 (App. 2004). {00012174.DOC /} Marana/Ying Trust Land Exchange Page 1 of 9 12/19/2008 2:50 PM .i AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. An Escrow will be opened with Lawyer's Title according to the terms of this Agreement and the Parties will exchange land as follows: (A) The Trust to the Town. The Trust shall convey the Acquisition Area to the Town. (B) The Town to the Trust. The Town will transfer ownership of the Exchange Area to the Trust. (C) Close of escrow. Closing of escrow for the. items described in this Section shall be on or before the later of (a) 60 days after the date this Agreement is approved by the Ma- rana Mayor and Council or (b) 30 days after receipt of all necessary releases or consents from any Lienholder. 2. Payment of additional just compensation. The Town shall also pay just compensation in the amount of $41,000.00 to the Trust for the value differential between the Acquisition Area and the Exchange Area. 3. Warranty deed for the Acquisition Area. The Trust shall deposit into escrow a Warran- ty Deed conveying to the Town title to the Acquisition Area free and clear of all liens and en- cumbrances and subject only to those matters of record. 4. Deed of abandonment for the Exchange Area. The Town shall deposit into escrow a deed of abandonment conveying to the Trust title to the Exchange Area, reserving an ease- ment pursuant to A.R.S. § 28-7215(A) for ingress and egress for properties that rely on the Exchange Area for access. 5. No salvage. The Trust shall not salvage or remove any fixtures, improvements, or ve- getation located within the Acquisition Area. Personal property may be removed prior to close of escrow. 6. Escrow and prorations. (a) The date of deposit of the warranty deed for the Acquisi- ~ tion Area shall be used for proration of rents, property taxes and other similar costs, (b) as- sessments due for improvement districts shall be paid in full by the Trust prior to closing, (c) property taxes shall be prorated based upon both the date of closing and the size of the Ac- quisition Area. Taxes will be prorated based upon the proportion of the Acquisition Area to ~ the Trust's entire assessed parcel and (d) Town shall purchase title insurance on the Acquisi- tion Area. 7. Possession of land. Possession of the Acquisition Area shall be given to the Town upon recordation of the Warranty Deed. Possession of the Exchange Parcel shall be provided to the Trust upon recordation of the deed of abandonment. {ooolal ~a.DOC /} Marana/Ying Trust Land Exchange Page 2 of 9 12/19/2008 2: 50 PM ' `1 8. Environmental representations. With respect to the property owned by it and being conveyed to the other Party pursuant to this Agreement, each Party hereby represents and warrants that, to the best of that Party's knowledge, no pollutants, contaminants, toxic or ha- zardous substances, wastes or materials have been stored, used or are located on the property or within any surface or subsurface waters of the property; that no underground tanks have been located on the property; that the property is in compliance with all Federal, State, and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the property. 9. Environmental inspection rights. Each Party shall permit the other to conduct such in- spections of the property as deemed necessary to determine the environmental condition of the property. If the investigations reveal contamination that exceeds what is allowed under applicable environmental laws and regulations, then the Party to whom the property is to be conveyed may terminate this Agreement. 10. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the Party to whom it is given,. or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by fac- simile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 11555 W. Civic Center Dr. Marana, Arizona 85653-9723 (520) 382-1999 Fax (520) 382-2641 (Fax) If to the Trust: YING-HUA LIN, TRUSTEE c/o Greg Wexler 6088 W. Arizona Pavilions Drive, Ste.l Tucson, AZ 85743-7483 (520) 744-8500 (520) 744-0749 (Fax) All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as ~~~ provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any Party may change its address for the receipt of notices at any time by giving written notice thereof to the other Party in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. {00012174.DOC/} Marana/Ying Trust Land Exchange Page 3 of 9 12/19/2008 2: SO PM 11. Brokers' commissions and fees. The Town and the Trust warrant, each to the other, that there are no fees or commissions owing to any broker or other person for bringing about the exchange contemplated by this Agreement. The Party under whom any claim to a broker or finder fee, commission or other compensation is made in connection with this transaction shall indemnify and hold harmless the other Party from and against the claim and all costs, at- torneys' fees, witness fees, and other expenses and liabilities incurred in connection with it. 12. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or es- tablishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. {00012174.DOC/} Marana/Ying Trust Land Exchange Page 4 of 9 12/19/2008 2: SO PM ,z Town: TowN of MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Hate: ~/~ /D - y ATTEST: celyn .Bronson, Town Clerk A~'PR ED AS TO FORM: Frank Cassidy, own ttorney Trust: • YnvG-HUA LIN, TRUSTEE of the Ying Family Trust u/d/t July 18, 2008 Ying-Hu Lin, rustee Date: °~ ~ ~ ~~ ~~ al, °' {aoolar ~a.DOC /} Marana/Ying Trust Land Exchange Page 5 of 9 12/19/2008 2:50 PM ,~ AprN 14, 2008 Psomas ~ 0307403 EXHIBIT A LEGAL DESCRIPTION PUBLIC RIGHT-OF-WAY D-9; 216-23-0720 C~ A portion of the Southeast one-quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Southeast corner of said Section 11 being a found 1-1l4" open iron pipe with a nail inside; THENCE N 89°29'27" W upon the South line of said Southeast one-quarter a distance of 1580.19 feet to the POINT OF BEGINNING; THENCE continuing N 89°29'27" W upon said South line a distance of 92.95 feet to the Southeasterly right-of--way of Camino De Manana, as recorded in Book 2 of Road Maps at Page 1, Pima County Recorder's Office, Pima County, Arizona; THENCE N 25°10'27" E upon said right-of--way a distance of 670.91 feet to a point of curvature of a tangent curve concave Southeasterly; THENCE Northeasterly upon said right-of way and upon the arc of said curve, to the right, having a radius of 1402.50 feet and a central angle of 1°58'02" for an arc length of 48.15 feet to a point on the Westerly right-of--way line of Decker Drive as recorded in Book 23 of Road Maps at Page 40, Pima County Recorder's Office, Pima County, Arizona; THENCE S 01°19'42" E upon said right-of--way line a distance of 6.37 feet; THENCE S 01°22'22" E upon said right-of-way line a distance of 186.45 feet to a point on a line 87.00 feet Southeast of and parallel with said Southeasterly right- of-way of Camino De Manana; THENCE S 25°10'27" W upon said parallel line a distance of 424.68 feet to a point of curvature of a tangent curve concave Northwesterly; THENCE Southwesterly upon the arc of said curve, to the right, having a radius of 1364.00 feet and a central angle of 3°29'32" for an arc length of 83.14 feet to the POINT OF BEGINNING; Containing 53305 sq. ft., 1.2237 acres, more or less; See Exhibit B attached hereto and made a part hereof. Prepared by: Psomas Craig J. Hagood, AZ R.L.S. 25071 E:103074W31tegalslSec.11-T12S-R12EUc-Ig 216230720 rw.rif i of 2 _~ to as w a N N N N O ~~~ 0 0 0 U x >~ ~~ Y~~ U N Q ~ i 9 SCALE: 1" = 100' i i r t P.O.C. SOUTHEAST. COR. SECTION i 1 FND 1-1/4" OPEN IRON PIPE W/ NAIL INSIDE 1580.19' N 1 N / / ~ ` ~-~ / N 89'29'27" W 2701.63' CURVE RApIUS ARC LENGTH DELTA ANGLE C1 1402.50` 48.15' 1'58'02" C2 1364.00' 83.14' 3'29'32" LINE BEARING DISTANCE L1 N 89'29'27" W 92.95' L2 S 01' 19'42" E 6.37' PSOMAS 800 E Wetmore Rood, Suite 110 Tucson, AZ 85719 (520) 292-2300 (520) 292-1290 fax www.psomas.com 03074-03 DATE: APRIL 14, 2008 • DRAWN BY: mrf 2 of 2 EXHIBIT "A-1 " PUBLIC RIGHT-OF-WAY TAX PARCEL 216-23-0720 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 1 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA ~~ °~~ November 18 2408 Psomas # 03074-03 EXHIBIT B LEGAL DESCRIPTION DECKER DRIVE EXCHANGE AREA D 9 21:6-23-07211 • A portion of that property described in Docket 463, page. 330 in the southeast one-quarter of Section 11, Township 12 South, Range 12 East,. Gila. and Saft River Meridian, Pima County, Arizona, described as follows. The west 60 feet. of'the east half of the southeast quarter of said Section 11 lying south of the new alignment of Camino de Manana/Dove Mountain Boulevard Extension as shown in the- Town- of Marano Right of Way Plans, Project No. 200152., further described as follows:. COMMENCING at the. Southeast comer of said Section fit being a found 1-1/4" open iron pipe with a nail inside,.. beanrrg S 89°29'7° E a distance of 2701.63- feet from the south quarter comer of Section 11, a stone marked 1 /4 on the north. face; THENCE N 89°29'27" W upon the south line of said Southeast one-quarter a distance.. of 1290.84 feet to ttie i~OINT OF BEGINNING; THENCE continuing N 89°29'27" W upon said. south line a distance of 60.0 feet to the east one-sixteenth corner of the southeast quarter of Section 11; THENCE upon said sixteenth line N 01°22'22" W a distance of 460.63 feet to a point. on the southeasterly line of said new right-of-way alignment;. THENCE upon said right-af-way line N 25°10'27" E a distance. of 1.34.25 feet to a point an a line 60.00 feet east of and parallel with said sixteenth line; THENCE upon said parallel line S 01°22'22" E a distance of 582.70 feet to the P©INT OF BEGINNING; Containing 31,299 sq. ft., 0.719 acres,. more orless; See Exhibit. B attached hereto and made a part hereof. Prepared by: Psomas ~ ~,,,,,,.~.; J.O. Teague,. AZ R.L.S. 25071 t u,. ~~m Ea03074103tiLegalslSec.11-T12S-R12E1216230720 DeckerExch.rtf 1 of 2 Expires 9/30/2010 . „ r 1 ~ ~ • • Y z f J J t L[NE BEARING DISTANCE L1 N 89'29'27" W 60.03... L2 N 01'22'22" W 460.63' L3 N 25'10'27" E 134.25' L4 S 01'22'22" E 582.70' SOUTH 1 /4 COR. SECTION 11 ,~ / j ,f ~~ i I f, ~~ ~~ 1 ~---,~ ~ ~ ry v~J=QN ~Q ~~2 ~, o o~ v~ ° o ~` ,~.. FND STONE ~ J o MARKER "~" ON , ~ ~' NORTH FACE 9 • -- ~ -~ ----- -- 1350.76'------ ~" N 89'29'27" W p~OG~LQ~ 800 E. Wetmore Rood, Suite t10 Tucson, A2 86719 (s2o) 292-2300 (s2o) 2ss-t29o rax www.paomaacom 03074-03 EXHIBIT B-1 ~,;: ~~~.. .~ a ~ ~,. ~. ~ ~~ ~~~ :fin ~~ , ,~~' ': ~ 3 31,299 ~ SQ. FT ~i~ ~~` t ~. ~ .~~ ~ 60.00' ~ ,~ ' ~,. --~ P.O.G.: ~" ` SOUTHEAST COR. SECTION 11 FN1? 1-1 /4 ~ 3 ` ~. OPEN IRON , '` ~ ~ PIPE W/ !~. ,~. NAIL INSIDE. ~~ w ~~~ ,~ . ~ "~ ~. P.O.B. t1 - -_1290.€34' 2701.63' ~''' DECKER DRIVE EXCHANGE AREA TAX PARCEL 21 fi-23-0720 A PORTION OF THE SE 1 /4 OF SEC. 1 1, T 12 S, R 12 E, GILA AND 5ALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DATE: 11 /18/2008 • DRAWN BY: SM SCALE: 1 " = 100' 2 of 2 ~+ . .. ~i ~Ln03 ~t~AYlfliP, ~~lu.Yl-~2, ~..k(1 a~ Sk~I ar~~ ~ 1vd. ~t ~s ~ ~t d'Z~~~? ,,,.~ _, APl'+1: 216-23-073C Project I~? C-10 E~~-- F. ANN RODRIGUEZ, RECORDER DOCKET: 13749 RECORDED BY: LLW PAGE: 492 DEPUTY RECORDER 1956 PE-2 y°~ ~I~I 4, 9 ~ ~ ; ~ ~ NO . OF PAGES : SEQUENCE: 5 20100330239 : , d ~ SM~ ~ W"; '~z 02/19/2010 TOWN OF MARANA , ~N V `~'~ ~ b ~ DEED 15:40 ATTN: TOWN CLERK ~9 _~ Q+ RIZOl`Z 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 11.00 ... s ~~~~ ~~~ TCJWN OF MARANA Re-recording due to Scrivener's Error The Deed of Abandonment originally recorded at Docket 13688, Page 19 in the Pima County Recorder's Office is being re-recorded to correct a scrivener's error. The Deed of Abandonment refers to Ying Family Trust in which the names and addresses of the Beneficiaries were included on the last page of the document which was missing from the original document when it was sent for recording. The correct document has now been attached and all references henceforth should be made thereto. ~i ~;~ {oooi9sss.DOC i} T~ S . t~ ail ~"10~9 ~.:., APl#1: 226-23-073C F. ANN RODRIGUEZ, RECORDER RECORDED BY: MRB ` DEPUTY RECORDER 1562 PE-1 -- SMARA °_'-, TOWN. OF MARANA ATTN: TOWN C 11555 W C CENTER DR MARAN AZ 85653 DOCKET: 13688 PAGE: 19 NO . OF PAGES :..:...:- 4 SEQUENCE':"~r ~ 20092230004 .~- 11/19/2009 DEED 08:33 MAIL AMOUNT PAID $ 8.00 DEED OF ABANDONMENT The Town of Marana, an Arizona municipal corporation, hereby abandons pursuant to A.R.S. § 28-7205 and Town of Marana Resolution No. 2009 - 157 in favor of the Ying Family Trust the following described real property situated in Pima County, Arizona. SEE LEGAL DESCRIPTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT A AND INCORPORATED HERE BY THIS REFERENCE RESERVING an easement pursuant to A.R.S. § 28-7210 for the following as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b) canals, laterals or ditches and appurtenances and (c) electric, telephone and similar lines and appurtenances. FURTHER RESERVING, pursuant to A.R.S. § 28-7215 (A), rights of ingress and egress for public or emergency vehicles, all property owners, property owner guests and invitees and persons lawfully conducting business on the land over any portion of the abandoned property if and to the extent any land adjoining the abandoned roadway is left without a public or private legal access connecting the land with an established public roadway. Dated 7 C~'~~? ~ ~ '~ , 2009. TOWN OF MARANA, ARIZONA C Ed Honea, Mayor ,F ~. ATTEST: APPROVED AS TO FORM: '~ Jocel .Bronson Town Clerk ank C ss wn Attorne Y ~ Y, Y (EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. § 11-1134 (A) (3).) {0001 HO3I.DOC /}X:\WDOX\TNATDOCS\PUBWKS\CMODEMANANA\00018031.DOC 11 /10/09 10:46 AM November 18, 2008 Psomas # 03074-03 EXHIBIT A LEGA! DESCRIPTION DECKER DRIVE EXCHANGE AREA D-9; 21 fi-23-8724 A portion of that- property described' in Docket 463, page. 330 in the southeast one-quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: The west 60 feet. of the east half of the southeast quarter of said Section 11 lying south of the new alignment of Camino de Mariana/Dove Mountain Boulevard Extension as shown in the Town of Marano Right of Way Plans, Project No. 2001-52, further described as follows: COMMENCING at the. Southeast corner of said Section 11 being. a found 1-1/4° open iron pipe with a nail. inside,.. bearing S 89°29'27" E a distance of 2701.63 feet from the south quartercorner of Section 11, a stone- marked 1/4 on the north. face; THENCE N 89°29'27" W upon the south line of said Southeast one-quarter a distance. of 1290.84 feet to the POINT OF BEGINNING; THENCE. continuing N 89°29'27" W upon said. south line a distance of 60..03. feet to the east one-sixteenth corner of the southeast quarter of Section 11; THENCE upon said sixteenth line. N 01°22'22" W a distance of 460.63 feet to a point on the. southeasterly line of said new right-of-way alignment; THENCE upon said right-af--way line N 25°10'27" E a distance of 134.25 feet to a point on a line 60.00 feet east ofi and parallel with said sixteenth line; THENCE upon said parallel line S 01°22'22" E a distance of 582.70 feet to the POINT OF BEGINNING.; Containing 31,299 sq. ft., 0.719 acres,. more or less; See Exhibit B attached hereto and made a part hereof. Prepared by: Psomas ~ ,~.•L'= J.O. Teague, AZ R.L.S. 25071 ~, E:4030741031Lega/s1Sec.11-T12S-R12E1216230720 DeckerExch.rtf 1 of 2 Expires 9130/2010 LINE GEARING DISTANCE. L1 N 89'29'27" W 60.03` L2 N 01'22'22" W 460.63' L3 N 25' 10'27" E 134.25' L4 S 0 i' 22' 22" E 582..70' j v 5 ~~ J J J J 1 ~- ,- / i ;, - ~ t ' k i ' a`. ~ ~ ~,a i ~ ~ µ~, r / ~' . ~ ~, -~ k.~ '' ,= Q- ~ ~~t ~~JQ~pO v fit/ O ~l/~ ZO ~[/ ~ O ' , N ~ ~ SOUTH 1 /4 GOR. ~,~ 4 Qv J SECTION 11 ,%' '~~ FND STONE / ~o MARKED "~" ON , ;~ NORTH FACE / 9 -- / -~ ----- --- 1350.76---- w N 89'29'27" W EXHIBIT A ~PAGE2)' S00 E. Wetmore Rood, Suite 110 Tucson, AZ 85719 (szo) zsz-zoo (szo) zsz-12so rox www.psomae.com 03074-03 ~._ ..:. ~ ~ r:: .~ ti ~~ 31,299 SQ. FT. t 60.00' P.O.C.. SOUTHEAST COR. SECTION 11 FND 1-1/4" OPEN IRON PIPE W/ :' i ~:u NAIL INSIDE ~ , ~' ~ ~_ ° ~' :~ ~ ~ r ~ ~ P.O.B. ~~ ~ v _ ' ~ _ 1290.84° ~~ ' 2701.63 ' DECKER DRIVE EXCHANGE AREA TAX PARCEL 2.16-23-0720 A PORTION OF THE SE 1 /4 OF SEC. 1 1, T 12 S, R 12 E, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA DATE: 11 /18/2008 • DRAWN BY: SM SCALE: 1" = 100' 2 of 2