HomeMy WebLinkAboutOrdinance 2009.26 Rezoning of land for Northwest Commerce ParkF. ANN RODRIGUEZ, RECORDER DOCKET: 13711
RECORDED BY: MRB PAGE: 2762
DEPUTY RECORDER of PI
+ + y ~ ~ NO. OF PAGES: 13
1562 PE-1 ~~ Ii ~p SEQUENCE : 20092460762
SM~P' w~ ~r~~z 12/23/2009
TOWN OF MARANA ~.C~ ~ '~,~~~ ~ ORDIN 15:59
ATTN : TOWN CLERK `IRIZO~Q'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 12.00
MARANA ORDINANCE N0.2009.26
RELATING TO DEVELOPMENT; APPROVING A REZONING FOR NORTHWEST
COMMERCE PARK OF APPROXIMATELY 53.5 ACRES OF LAND LOCATED SOUTH OF
INA ROAD AND WEST OF THORNYDALE ROAD ON BOTH SIDES OF REGENCY PLAZA
STREET
WHEREAS, Alta Vista Communities V, LLC (the "Developer") is the owner of
approximately 53.5 acres of property located south of Ina Road and west of Thornydale Road on both
sides of Regency Plaza Street in a within a portion of Section 6, Township 13 South and Range 13
East, as described on Exhibit "A", attached to and incorporated in this Ordinance by this reference
(the "Rezoning Area"); and
WHEREAS, the Marana Planning Commission held a public hearing on November 18, 2009,
and at said meeting voted unanimously (4-0, with Commissioners Schisler, Wood and Pound
excused) to recommend that the Town Council approve this rezoning; and
WHEREAS, the Marana Mayor and Town Council held a public hearing on December 15,
2009 and determined that the application for rezoning should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
SECTION 1. A minor amendment to the General Plan of approximately 25 acres of the
Rezoning Area located south of Ina Road and west of Thornydale Road on both sides of Regency
Plaza Street within a portion of Section 6, Township 13 South, Range 13 East, changing the General
Plan designation from Commercial to Industrial, is hereby approved.
SECTION 2. The zoning of the Rezoning Area is hereby changed from "MR-2" (Multi-
Family Residential - Medium/High Density-25.4 acres) and "VC" (Village Commercial-28.1 acres)
to "HI" (Heavy Industrial).
SECTION 3. This rezoning is subaect to the following conditions, the violation of which
shall be treated in the same manner as a violation of the Town of Marana Land Development Code ~;
(but which shall not cause a reversion of this rezoning Ordinance):
1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan `
..current at the time of development including, but not limited to, requirements for public ~,E,
improvements. ~
2. No lot split of any kind is allowed within the Rezoning Area without the written consent of the
Town of Marana.
3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal
or state law or regulation or relieves the Developer, applicant or land owner from responsibility
Matana Ordinazice No. 2009.26 - 1 -
~.
to ensure compliance with all applicable federal and state laws and regulations, including the
Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and
appropriate federal and state agencies should be consulted to determine any action necessary to
assure compliance with applicable laws and regulations.
4. The Developer shall adhere to the Commercial Design Standazds found in Title 8 of the Land
Development Code for all commercial development.
S. The Developer shall adhere to the Commercial Design Standards Section B.3 found in Title 8 of
the Land Development Code for industrial development.
6. Uses prohibited in the Light Industrial zoning category of the Land Development Code are
prohibited on the Rezoning Area.
7. The Developer will dedicate 60 feet of land for future right-of--way for connection to Jeremy
Place if deemed necessary based on review of future traffic impact analysis by the Traffic
Engineering Department.
8. The Developer shall design and construct the following, as part of the future platting,
development plans and improvement plans for the Rezoning Area, all of which shall be
operational prior to the issuance of certificate of occupancy for -any structure on the Rezoning
Area:
A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate
signs and pavement markings.
B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all
appropriate signs and pavement mazkings.
C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to
prohibit the northbound left and through movements on that approach, with all
appropriate signs and pavement mazkings.
D. A directional median opening (with all appropriate signs and pavement markings) on
eastbound Ina Road to accommodate only eastbound u-turns at that location. The new
median opening will be built in the approximate area shown in the Town-accepted
Traffic Impact Study prepazed in support of the Northwest Commerce Park rezoning. The
turn lane at the median opening will be designed and built to provide a 175' storage
length as recommended in the traffic study.
9. Additional traffic studies shall be required at the development plan stage for this project. The
Developer shall be responsible for the design and construction of any transportation
improvements determined to be necessary by Town Staffbased on the findings of those studies.
10. A sewer service agreement must be submitted by the Developer and accepted by the entity
responsible for wastewater management and the Town Engineer prior to the approval of the
sewer plan.
11. If it is determined that such rights exist on the Rezoning Area and aze owned by the Developer at
the time of the development plan, the Developer or property owner shall transfer with the
development plan, by the appropriate Arizona Department of Water Resources form, those rights
being IGR, Type I or Type II to the Town of Mazana for the Town providing designation of
assured water supply and water service to the Property. If Type I or Type II is needed on the
Marana Ordinance No. 2009.26 - 2 -
Property, the town and Developer/landowner shall arrive at an agreeable solution to the use of
those water rights appurtenant to the Rezoning Area.
SECTION 4. This Ordinance shall not be effective until the Town files with the county
recorder an instrument (in a form acceptable to the Town Attorney), executed by the property
owner(s) and any other party having any title interest in the Rezoning Area, that waives any potential
claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq.,
and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the
Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not
recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be
void and of no force and effect.
SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
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 Town Council of the Town of Marana,
Arizona, this 15a` day of December, 2009.
Mayor Ed Honea
ATTEST:
~~.8-=~
J elyn ronson, Town Clerk
Marana Ordinance No. 2009.26 - 3 -
APPROVED AS TO FORM:
CONSENT TO CONDITIONS OF REZONING AND
WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE
RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.26
Alta Vista Communities V, LLC, an Arizona limited liability company, (the "Owner")
owns the land referred to in this instrument as the "Property", which is particularly described in
Exhibit A attached to Marana Ordinance No. 2009.26 (the "Rezoning Ordinance") and
incorporated by this reference in this instrument. The Property is the subject of Town of Marana
rezoning case PCZ-09029, filed on behalf of the owner.
The Owner hereby agrees and consent to all of the conditions imposed by the Rezoning
Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with
the approval of said Ordinance, and waive any right to compensation for diminution in value
pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of
the approval of said Ordinance. The owner also consents to the recording of this document in the
office of the Pima County Recorder, to give notice of this instrument and its effects to successors
in interest of the Property, who shall be bound by it.
Dated this ~S~day of December, 2009.
ALTA VISTA COMMUNITIES V, L.L.C.,
an Arizona limited liability company
Roger Karber, Managing Member
STATE OF ARIZONA )
SS.
County of Pima )
The foregoing instrument was acknowledged before me on December ~ ,, 2009 by
Roger Karber, Managing Member of Alta Vista. Communities V, L.L.C., an Arizona limited
liability company, on behalf of the `company.
My commission expires: ~~ V d~~-- ~~ .,
,i/,?3~ao/.~ Notary blic
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File No.: 06266926-024-P13
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
Parcel 6B-1 (amended)
A part of Lot 6 and the Canada del Oro, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84,
Pima County Recorder's Office, Pima County, Arizona, described as follows:
COMMENCING at the Northwest corner of said lot;
THENCE on a plat bearing of South 00 degrees ]4 minutes 25 seconds West along the West line of said lot, a distance of
615.20 feet to the POINT OF BEGINNING;
THENCE continue South 00 degrees i4 minutes 25 seconds West along the said West line, a distance of 1435.70 feet;
THENCE North 88 degrees O1 minutes 56 seconds West along the said West line, a distance of 6$4.01 feet;
THENCE South 40 degrees 48 minutes OS seconds East along the said West line and the prolongation thereof, a distance of
464.44 feet to a line 77.00 feet South of and parallel with the North line of said Canada del Oro;
THENCE North 60 degrees 56 minutes 45 seconds East along the said parallel line, a distance of 1784.18 feet;
THENCE North 29 degrees 03 minutes 15 seconds West, a distance of 535.I0 feet to a point on the arc of a non tangent
curve concave to the Northeast, a radial line of said curve through said point having a bearing of South 14 degrees O1 minutes
OS seconds East;
THENCE Westerly and Northwesterly along the arc of said curve, to the right, having a radius of 345.00 feet and a central
angle of 104 degrees 15 minuses 30 seconds for an arc distance of 627.78 feet to a point of tangency;
THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 75.99 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 490.00 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM any portion lying within the boundaries of land conveyed to Pima County, a political
subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows:
That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorders
Office, Pima County, Arizona, described as follows:
COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base
and Meridian, Pima County, Arizona;
THENCE South 88 degrees I S minutes 02 seconds East, along the North line of the said Section 6, a distance of 535.01 feet; !~
THENCE South 00 degrees I4 minutes 25 seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of ~`
way of Ina Road;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of
cusp of a tangent curve concave to the Southeast;
THENCE Southwesterly and Southerly along the arc of said curve, to the left, having a radius of 45.00 feet and a central
angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency;
ALTA 2006 Commitment Page 2
File No.: 06166926-024-P13
EXHIBIT A
(Continued}
THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to
the Northeast;
THENCE Southerly and Easterly along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of
t32 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency;
THENCE North 48 degrees 13 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the
Southeast;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1425.99 feet and a cent~•al angle of 013
degrees 07 minutes 09 seconds for an arc distance of 326.51 feet to the East line of Lot 6;
THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the
arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of Notch
30 degrees 48 minutes 32 seconds West;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1335.99 feet and a central angle of 10
degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency;
THENCE South 48 degrees 13 minutes 30 seconds West, 418.OS feet to a point of curvature of a tangent curve concave to the
Northeast;
THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle
of 132 degrees 00 minutes 55 seconds for an arc distance of 805.28 feet to a point of tangency;
THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North line of Lot 6;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said Nort}t line a distance of 4.50 feet to the Southeast
corner of Lot 4;
THENCE North 00 degrees 14 minutes 25 seconds East, along the East line of the said Lat 4, a distance of 475.67 feet to a
point of curvature of a tangent curve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 88
degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF
BEGINNING.
Parcel 68-2 (amendedl
A part of Lot 6 and the Canada del Oro, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84,
Pima County Recorder's Office, Pima County, Arizona, described as follows:
COMMENCING at the Southwest catner of Lot 3 of said plat;
THENCE on a plat bearing of South 88 degrees i 5 minutes 02 seconds East along the North line of said Lot 6, a distance of
480.00 feet to the POINT OF BEGINNING;
THENCE continue South 88 degrees IS minutes 02 seconds East along the said North line, a distance of 480.01 feet to a
point on the arc of a non tangent curve concave to the East, a radial line of said curve through said point having a bearing of
North 89 degrees 29 minutes 04 seconds West;
ALTA Commitment Page 3
ORTIC 1614 (2006)
File No.: 06166926-024-P13
EXHIBIT A
(Continued}
THENCE Southerly along the arc of said curve, to the left, having a radius of 495.00 feet and a central angle of 00 degtes l6
minutes 3 I seconds for an arc distance of 2.38 feet to a point oftangency on the East line of said Lot 6;
THENCE South 00 degrees 14 minutes 2S seconds West along the said East line, a distance of 77.62 feet;
THENCE South 88 degrees 1S minutes 02 seconds East along the said East line, a distance of 45.02 feet;
THENCE South 00 degrees 14 minutes 25 seconds West along the said East line, a distance of 1069.07 feet to the North line
of said Canada del Oro;
THENCE North 60 degrees SG minutes 4S seconds East along the said North line, a distance of 991.73 feet to the West right
of way line of Thornydale Road;
THENCE South 13 degrees 48 minutes 45 seconds East along the said West right of way line a distance of 79.81 feet to a
line 77.00 feet South of and parallel with the said North line of the Canada del Oro;
THENCE South 60 degrees S6 minutes 4S seconds West along the said parallel line, a distance of 1475.90 feet;
THENCE North 29 degrees 03 minutes I S seconds West S3S.10 feet to a point on the arc of a non tangent curve concave to
the North, a radial line of said curve through said point having a bearing of South 14 degrees O 1 minutes OS seconds East;
THENCE Easterly along the arc of said curve, to the left, having a radius of 345.00 feet and a central angle of 1 S degrees 44
minutes SS seconds for an arc distance of 94.83 feet to a point of tangency;
THENCE Noah 60 degrees l4 minutes 00 seconds East, 60.39 feet;
THENCE North 00 degrees 14 minutes 25 seconds East, 944.73 feet to the POINT OF BEGINNING.
EXCEPTCNG THEREFROM any portion lying within the boundaries of land conveyed to Pima County, a political
subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows:
That portion of THORNYDALE PLAZA, as recorded in Book 26 of .Maps and Plats at page 84, Pima County Recorder's
Office, Pima County, Arizona, described as follows:
COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base
and Meridian, Pima County, Arizona;
THENCE South 88 degrees l S minutes 02 seconds Ease, along the North line of the said Section 6, a distance of 535.01 feet;
THENCE South 00 degrees 14 minutes 2S seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of
way of Ina Road;
THENCE South 88 degrees 1S minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of
cusp of a tangent curve concave to the Southeast;
THENCE Southwesterly and Southerly along the arc of said curve, to the left, having a radius of 45.00 feet and a central
angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.$7 feet to a point oftangency;
THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to
the Northeast;
THENCE Southerly and Easterly along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of
132 degrees 00 minutes SS seconds for an arc distance of 597.91 feet to a point oftangency;
~"1
ALTA Commitment Page 4
ORT1C 1614 (2006}
Fite No.: Ob1b6926-02A-P13
EXHIBIT A
(Continued)
THENCE North 48 degrees 13 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the
Southeast;
THENCE Northeasterly along the arc of said curve, to the right,. having a radius of 1425.99 feet and a central angle of 0 i 3
degrees 07 minutes 09 seconds for an arc distance of 326.51 feet to the East line of Lot 6;
THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.8$ feet to a point on the
arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North
30 degrees 48 minutes 32 seconds West;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of 133599 feet and a central angle of I O
degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency;
THENCE South 48 degrees 13 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the
Northeast;
THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle
of 132 degrees 00 minutes 55 seconds for an arc distance of 805.28 feet to a point of tangency;
THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North line of Lot 6;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast
comer of Lot 4;
THENCE North 00 degrees 14 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a
point of curvature of a tangent curve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 88
degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF
BEGINNING.
AND ALSO EXCEPTING THEREFROM that portion conveyed to Stewart Title & Trust of Tucson, an Arizona corporation,
as Trustee under Trust No. 3550 by Deed recorded in Docket 9608 at page 2309, more particularly described as follows:
That portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona,
described as follows:
BEGINNING at the Southwest corner of Lot 5, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page
$4, ]?ima County Recorder's Office, Pima County, Arizona;
THENCE South 00 degrees 14 minutes 2S seconds West along the Southerly prolongation of the West line of the said Lot 5,
a distance of 88.29 feet to a line 77.00 Southeasterly of and parallel with the Southeasterly line of the said Lot 5;
THENCE North b0 degrees 56 minutes 45 seconds East along the said parallel line, a distance of 1012.94 feet to the Westerly
right of way of Thomydale Road; ~"
THENCE North 13 degrees 48 minutes 45 seconds West along the said right of way, a distance of 79.81 feet to the Southeast
corner of the said Lot 5; ~~;
iii
THENCE South 60 degrees 56 minutes 45 seconds West along the Southeasterly Iine of the said Lot 5, a distance of 990.72
feet (991.73 feet measured) to the POINT OF BEGINNING.
ALTA Commitment Page 5
ORT1C 1614 (2006)
File No.: 06166926-024-P13
EXHIBIT A
{Continued)
AND FURTHERMORE EXCEPTING that portion lying within the boundaries of land conveyed to EMH Investment,
L,L,C., an Arizona limited liability company by Deed recorded in Docket 9608 at page 2328, more particularly described as
follows:
That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County, Arizona, being
a parcel of land lying within Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, mare particularly described as follows:
COMMENCING at the North Quarter corner of said Section 6;
THENCE along the monument f ine of Ina Road, South 88 degrees 2 5 minutes 02 seconds East, a distance of 623.70 feet;
THENCE leaving said monument tine, South O1 degrees 44 minutes 58 seconds West, a distance of 75.00 feet, to the
Southerly right of way line of Ina Road and the POINT OF BEGINNING;
THENCE along the Southerly right of way line of lna Road, South 88 degrees 15 minutes 02 seconds East, a distance of
438.31 feet;
THENCE leaving said right of way, South 00 degrees 14 minutes 25 seconds West, a distance of 500.00 feet;
Thence South 88 degrees 15 minutes 02 seconds East, a distance of 525.02 feet, to the beginning of a non tangent curve;
THENCE Southerly along a non tangent curve, having a radius of 450.00 feet, concave Easterly whose radius bears South 89
degrees 36 minutes 23 seconds East through a central angle of Ofl degrees 09 minutes 12 seconds, a distance of 1.21 feet to
the curve's end;
THENCE South 00 degrees 14 minutes 25 seconds West, a distance of 298.07 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 560.11 feet;
THENCE North O1 degrees 44 minutes 58 seconds East, a distance of Ib.67 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.50 feet;
THENCE South O l degrees 44 minutes 58 seconds West, a distance of 46.04 feet;
THENCE North 88 degrees ]5 minutes 02 seconds West, a distance of 237.]4 feet to the Easterly right of way line of
Regency Boulevard;
TI-IENCE along the said right of way line, North 00 degrees 14 minutes 25 seconds East, a distance of 782.42 feet, to the
beginning of a curve;
THENCE Northerly along a curve, having a radius of 45.00 feet, concave Southeasterly through a central angle of 91 degrees
30 minutes 33 seconds, a distance of 71.87 feet to the curve's end, and the POINT Olt BEGINNING.
Parcel 6A (amended) ,
Apart of Lat 6, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's
Office, Pima County, Arizona, described as follows:
BEGINNING at the Northwest corner of said lot;
M-
THENCE on a plat bearing of South $8 degrees 15 minutes 02 seconds East along the North line of said lot, a distance of
1060.03 feet;
THENCE South 00 degrees 14 minutes 25 seconds West, 944.73 feet;
ALTA Commitment Page 6
ORTIC 1614 {2006}
rile No.: 061669x6-024-P13
EXHIBIT A
{Continued)
THENCE South 60 degrees 14 minutes 00 seconds West, 60.39 feet to a point of curvature of a tangent curve to the
Northeast;
THENCE Westerly and Northwesterly along the arc of said curve, to the right, having a radius of 345.00 feet and a central
angle of 120 degrees 00 minutes 25 seconds for an arc distance of 722.61 feet to a point of tangency;
THENCE North 00 degrees 14 minutes 25 seconds East, 75.99 feeE;
THENCE North 88 degrees 15 minutes 02 seconds West, 490.00 feetto the West line ofsaid lot;
THENCE North 00 degrees 14 minutes 25 seconds East, along the said West line, a distance of 615.20 feet to the POINT OF
BEGINNING.
EXCEPTING THEREFROM said Parcel 6A any portion lying within the boundaries of land conveyed to Pima County, a
political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows:
That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's
Office, Pima County, Arizona, described as follows:
COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base
and Meridian, Pima County, Arizona;
THENCE South 88 degrees I S minutes 02 seconds East, along the North line of the said Section 6, a distance of 535.01 feet;
THENCE South 00 degrees 14 minutes 25 seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of
way of Ina Road;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of
cusp of a tangent curve concave to the Southeast;
TkIENCE Southwesterly and Southerly along the arc of said curve, to the left, having a radius of 45.00 feet and a central
angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency;
THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to
the Northeast;
THENCE Southerly and Easterty along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of
132 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency;
THENCE North 48 degrees 13 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the
Southeast;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1425.94 feet and a central angle of 013 ~°
degrees 07 minutes 09 seconds for an arc distance of 32b.51 feetto the East line of Lot 6; °
~°
THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the ,
arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North
30 degrees 48 minutes 32 seconds West;
~l
THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1335.99 feet and a central angle of 10 ~''
degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; :~,
THENCE South 48 degrees 13 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the
Northeast;
ALTA Commitment Page 7
ORTIC 1614 (2006)
Pile No.: 06166926-024-Pt3
EXHIBIT A
(Continued)
THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle
of 132 degrees 00 minutes SS seconds for an arc distance of 805.28 feet to a paint of tangency;
THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North Line of Lot 6;
THENCE South 88 degrees IS minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast
corner of Lot 4;
THENCE North 00 degrees l4 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a
point of curvature of a tangent curve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.fl0 feet and a central angle of 88
degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road;
THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF
BEGINNING.
AND FURTHERMORE EXCEPTING that portio~t lying within the boundaries of land conveyed to EMH Investment,
L.L.C., an Arizona limited liability company by Deed recorded in Docket 9608 at page 2328, more particularly described as
follows:
That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County, Arizona, being
a parcel of land lying within Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, more particularly described as follows:
COMMENCING at the North Quarter corner of said Section 6;
THENCE along the monument line of Ina Road, South 88 degrees 15 minutes 02 seconds East, a distance of 623.70 feet;
THENCE leaving said monument line, South O1 degrees 44 minutes 58 seconds West, a distance of 75.00 feet, to the
Southerly right of way line of Ina Road and the POINT OF BEGINNING;
THENCE along the Southerly right of way line of Ina Road, South 88 degrees 1S minutes 02 seconds East, a distance of
438.31 feet;
THENCE leaving said right of way, South 00 degrees 14 minutes 25 seconds West, a distance of SOOAO feet;
Thence South 88 degrees 15 minutes 02 seconds East, a distance of 525.02 feet, to the beginning of a non tangent curve;
THENCE Southerly along a non tangent curve, having a radius of 450.00 feet, concave Easterly whose radius bears South 89
degrees 36 minutes 23 seconds. East through a central angle of 00 degrees 09 minutes 12 seconds, a distance of 1.21 feet to
the curve's end;
THENCE South 00 degrees 14 minutes 25 seconds West, a distance of 298.07 feet;
THENCE North 88 degrees IS minutes 02 seconds West, a distance of 560.11 feet;
THENCE North O1 degrees 44 minutes 58 seconds East, a distance of i 6.67 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.50 feet;
THENCE South 01 degrees 44 minutes 58 seconds West, a distance of 46.00 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 237.14 feet to the Easterly right of way line of
Regency Boulevard;
,~.
$~,
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EXHIBIT A
(Continued)
THENCE along the said right of way line, North. 00 degrees 14 minutes 25 seconds East, a distance of 782.42 feet, to the
beginning of a curve;
THENCE Northerly along a curve, having a radius of 45.00 feet, concave Southeasterly through a central angle of 91 degrees
30 minutes 33 seconds, a distance of 71.87 feet to the curve's end, and the POINT OP BEGINNING.
SAID PARCELS 6B-1 (amended) bB-2 (amended) and Parcel 6A (atnended) ALSO KNOWN AS THE FOLLOWING
PARCELS A AND B:
Parcel A f West & South of Reeencv Plaza Street)
A portion of Lot 6 of THORNYDALE PLAZA, recorded in the office of the Pima County Recorder, Pima County, Arizona,
in Book 26 of Maps and Plats at page $4, lying within a portion of Section 6, Township 13 South, Range 13 East, Gila and
Salt River Base and Meridian, Pima County, Arizona, described as follows:
BEGINNING at the Northwest corner of said Lot 6;
THENCE South 88 degrees 15 minutes 02 seconds East, along a line common with said Lot 6 and Lot 4 of said
THORNYDALE PLAZA, a distance of 485.56 feet to a point on the West right of way line of Regency Plaza Street;
THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way line, a distance of 789.38 feet;
THENCE, along said right of way line and along a tangent curve to the left having a radius of 349.50 feet, through a central
angle of 1.32 degrees 00 minutes 55 seconds, an arc length of 805.2$ feet;
THENCE North 48 degrees 13 minutes 30 seconds East, along said right of way litae, a distance of 418.05 feet;
Tl-IENCE, along said right of way line and along a tangent curve to the right having a radius of 1335.99 feet, through a
central angle of t0 degrees 58 minutes 26 seconds an arc length of255.88 feet;
THENCE South 00 degrees 14 minutes 25 seconds West, a distance of 649.03 feet;
THENCE South 60 degrees 56 minutes 45 seconds West, a distance of 2251.39 feet;
THENCE North 40 degrees 48 minutes 05 seconds West, a distance of 464.44 feet;
THENCE South 88 degrees O1 minutes 56 seconds East, a distance of 684.01 feet;
THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 2050.90 feet to the POINT OF BEGINNING.
Parcel B (North & East of Regencv Plaza Street)
A portion of Lot 6 of THORNYDALE PLAZA, recorded in the office of the Pima County Recorder, Pima County, Arizona, ~.
in Book 26 of Maps and Plats at page 84, lying within a portion of Section 6, Township 13 South, Range 13 East, Gila and
Salt River Base and Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Northwest corner of said Lot 6; ~~"
THENCE South 88 degrees 15 minutes 02 seconds East, along a line common with said Lot 6 and Lot 4 of said
THORNYDALE PLAZA, a distance of 485.56 feet to a point on the West right ofway line of Regency Plaza Street;
ALTA Commitment Page 9
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File No.: 061b692b-024-P13
EXHIBIT A
(Continued)
THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way line, a distance of 330.97 feet;
THENCE South 89 degrees 45 minutes 35 seconds East, a distance of 90.00 feet to a point on the East right of way line of
said Regency Plaza Street to the TRUE POINT OF BEGINNING;
THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way Iine, a distance of 458.41 feet;
THENCE, along said right of way line and along a tangent curve to the left having a radius of 259.50 feet, through a central
angle of 132 degrees 00 minutes 55 seconds, an arc length of 597.91 feet;
THENCE North 48 degrees 13 minutes 30 seconds East, along said right of way Iine, a distance of 418.05 feet;
Ti-IENCE, along said right of way line and along a tangent curve to the right having a radius of 1425.99 feet, through a
central angle of 13 degrees 07 rr-inutes 35 seconds, for an arc length of 326.69 feet;
THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 185.07 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 560.27 feet;
THENCE North Ot degrees 44 minutes 58 seconds East, a distance of 16.67 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.50 feet;
THENCE South O 1 degrees 44 minutes 58 seconds West, a distance of 46.00 feet;
THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 237.14 feet to the TRUE POINT OF BEGINNING.
Easement Parcel I
Easement for ingress and egress for the installation, replacing, repairing and maintaining Bank Improvements as set forth in
Declaration of Covenants, Conditions, Restrictions and Easements recorded in Docket 9608 at page 2314 (for the benefit of
Parcel 6B-1 and that portion of Parcel 6B-2 lying southerly of Regency Plaza Street).
Easement Parcel II
Easements for ingress, egress, utilities, storm water drainage and temporary construction purposes as sei forth in Declaration
of Easements, Covenants and Restrictions recorded in Docket 9608 at page 2392 (for the benefit of those portions of Parcels
6A and 6B-2 lying northerly and easterly of Regency Plaza Street).
Easement Parcel ITT
Easement for visibility as set forth in Visibility Agreement recorded in Docket 9608 at page 2451 (for the benefit of that
portion of Parcel 6A lying easterly of Regency Plaza Street and that portion of Parcel 6B-2 lying northerly of Regency Plaza
Street).
Easement Parcel I V
Easement for placement, construction and maintenance of a sign recorded in Docket 9608 ai page 2494 (for the benefit of
Parcels 6B-1, 68-2 and 6A).
APN: 101-OS-043K, 101-OS-043L, 101-OS-fl43M, lOI-OS-043N, 101-OS-043P
ALTA Commitment Page (0
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