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Council Study Session Agenda Packet 01/21/2004
TOWN OF MARANA, ARIZONA STUDY SESSION AGENDA 13251 N. Lon Adams Road January 21~ 2.004 - 6:00 p.m. Mayor Vice Mayor Council Member Council. Member Council Member Council. Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford. Tim Escobedo Ed Honea. Carol McGorray Mike Reuwsaat Welcome to this Marano Study Session, This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during the Study Session, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk prior to the commencement of the meeting, It is up to the Mayor and Council whether individuals will be allowed to address the Council, All persons attending the Council Meeting, whether speaking to the Council or not, a.re expected to observe the Cauncii Rules, as well. as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed. to return., To better serve the citizens of Marano and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person. wha, by reason of any disability, is in need of special services as a result of their disability, such as assstive listening devices, agenda materials printed in Braille or Iarge print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request= at least ten (l0) working days prior to the Council Meeting. For a copy of this agenda or questions about the Study Session, special services, or -- procedures, please contact Jocelyn C. Branson, Town Clerk, at 682-3401, Monday through Friday from. 8200 a.m, to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON TIIIS AGENDA.. Amended agenda items appear in italics. Pasted no later than January 16, 2004 by 6:00 a'cIock p.m., at the Marano Town Hall, Marano. Police Department, and the Marano Development Services Center. C7 1 TOWN 4F MARANA, ARIZONA STUDY SESSION AGENDA 13251 N~ Lan Adams Raad January 21t 2004 -- 6:.00 p,m.. I. CALL TQ QRDER II. GENERAL ORIIER OF BUSINESS 1. Study Session on Gladden Farms Community Facilities District (Mike Reuwsaat} III. ADJQURNMENT --? Bobby Sutton, Jr., Mayor 2 c .TOWN COUNCII, TOWN MEETING OF INFORMATION 1~~IARANA DATE: Jan 21, 2004 AGENDA ITEM: TO: Mayor and Council .FROM:. Mike Reuwsaat, Town Manager SUBJECT: Study Session on Gladden Farms Community Facilities District DISCUSSION: Staff. has received an application from Gladden Forest LLC and Forest City Enterprises to form a community facilities district (CFD). A CFD is a special taxing district-that allows landowners to finance and construct public infrastructure and facilities through the issuance oftax-exempt bonds. _ There are two purposes for this study session. The first is to allow Mayor, Council and staff to discuss the financial and development-related aspects of CFDs. Exhibit A provides general background information about CFDs. The second purpose for this study session is to discuss the specific issues and considerations relative to the proposed Gladden Farms CFD. Exhibit B lists the specific features of the proposed Gladden Farms CFD. The Gladden Farms CFD negotiations have raised several land development and infrastructure issues that Town staff and the developer will. seek to resolve concurrently with the formation. of the CFD. Exhibit C provides a matrix of the development-related issues and how staff recommends they be resolved. A copy of the February 12, 2002 Gladden Farms. Development Agreement (with exhibits, including the original conditions of rezoning) is attached as Exhibit D for historic reference. Mr. Michael. Cafiso and Mr. Mark Reader will be in attendance to assist staff in answering any questions Council may have. Messrs. Cafiso and Reader are the .Town's bond counsel and financial advisor, respectively. RECOMMENDATION: Staff seeks Council direction on the formation of and other issues related to the Gladden Farms CFD. SUGGESTED MOTION: Council's pleasure. Gladden Farms CFD Bluesheet 1/16/2004 1:38 PM FJC J EXHIBIT A GENERAL OVERVIEW • Enabling Legislation / Arizona Community Facilities District Act (the "Act"), A.R.S. 48-701, September, 1988 • Purpose / Provides cities, towns and owners of real property a financing mechanism to construct public facilities. and public infrastructure through the issuance of tax- exemptbonds • District Formation / Requires consent of Mayor and Council / Property owners submit petition to local municipality -~ must represent at least 25% of the land within the proposed district • District Governance / CFD's governed by board of directors / Directors appointed by Mayor and Council / Council may serve as the board ^ Required if district is less than 600 acres / CFD activities managed by District Manager, Engineer, Treasurer ^ Maybe in-house staff or outside entities • District Debt / CFD debt is independent and separate from sponsoring municipality / Statutory debt limitations of cities/towns unaffected by CFD debt / Cities and towns have no contingent liability for CFD debt / District may levy secondary property tax to fund operation & maintenance (O&M) costs of the district ^ Initial tax levy may not exceed $.30 per $100 of assessed valuation of district ProP~' • CFD Debt Instruments (most common) • General Obligation (G.O.) Bonds / Requires voter approval ^ Voter authorization maybe for an indefinite period of time / Secured by ad valorem (property) tax ^ Tax rate determined on an annual basis ^ Tax amount based upon home/property value / Total bond issue may not exceed 60% of market value of property and improvements • Assessment Bonds / Requires consent of property owners / Secured by assessment lien on the property / Lien amount certain and fixed EXHIBIT B GLADDEN FOREST CFD Purpose / Design and construction of approximately $23 million of public infrastructure, including on/off--site (a) water and sewer facilities and (b) roadway improvements including Tangerine and Gladden Farms roads District Governance / Mayor and Council to serve as CFD board / Town staff to serve as District Attorney, Manager, Clerk and Treasurer; District Engineer to be contracted to outside entity District Debt / District expected to issue General Obligation (G.O.) Bonds / Total G.O. authorization expected to be $69 million ^ $23 million reserved for Gladden Forest ^ $46 million reserved for the District ^ Bonds_ssued for the benefit of Gladden Forest will be phased (issued) over 20 year period ^ Tax rate for repayment of bonds shall not exceed $2.50 per $100 District Expenses / District to levy a $.30 O&M tax / Gladden Forest to subsidize district expenses until assessed valuation provides sufficient revenues ^ Maximum contribution by Gladden Forest = $100,000 >, 3 4W O ~bA it .~ ° U 0 >, U b ~ ~ FBI ~ Aw N a~ ~h ~ II F °~ ~ ca A H ~U~ W ~ a on Wx zll ax Aa ~ a ~. 0 w >; a~ b U a U O O ~, w a~ .r .b w ~ w ~ ~ 3 b ' o ~ 0 ~ ^o ^ 0 3 or o ~ ~ ~ „ ~~ ~ ° ~wN pO~ a. ~ 4~ =~ . . ~ ~ ~ ~ ^ 4°i • ~ b~OA N ~ E. ~ ~ d 3 U'o ~ °~ ~ ~~¢ .~ 0 ..~ O c~.., i. ~ ~ w ~ 3~ ~ ~ ~ , ~ ~b a. ~ U .n + O ~ d ~ 0 ~ ~ ~ U ~ ~ "~ ~ ~ G ~ ~ ~ Z 'b O ^ ~ '~ U. 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PAGE S: 58 5191 RODE SEQUENCE: 20020320512 SAP' Y' 02/15/2002 DANIEL J HOCHULI 'tai ~b AG 16:4! 220 E WETMORE RD STE 110 - TUCSON AZ 85705 ~~ AMOUNT PAID $ 34.50 DE'VEI~OpMENT AGItEEIvXEN'x' BETWEEN TOWN OF NIA.RAIYA, ARIZONA., FIDELITY NATIONAL TITLE AGENCY, I?`~C. AND GL_4DDEN FAR'~ZS, L.L.C. ~-f I, J ~l TABLE OF CONTENT'S . Paee EXHIBIT LIST ................ ....................................................................................iii RECITALS ....................... ....................................................................................... 1 AGREEMENT ..................... ................................................................................. 2 7 • Rezoning and Development Plans . __ _ _ _ 1.1 Devclopmcnt in Accordance with the MDC ..~~~~~~~~~~~~~ ~ the Re'oning and the Preliminary Development Plan .................... 2 1.2 Rezoning Conditions ................ ----- • - • ..... ............................ ... 2 I.3 Block Plat.._.... """"'""- 1. 1.4 Design Guidelines ..................•-•--.................................... ............... 2 1nfrAStructure Improvements. 2 2.1 Regional Public In.frastructure .•-~~~.~~.~~~~~~~~~~~..........--• ......................... 3 ................................. Water Utilities ................. ....._.._........_....... 3 ::. 2.2 ................................... 3 2.2.1 Transfer of Grandfathered Water Rights ............... 2.3 Sewer Facilities ..................... ................ 3 2.4 Koadway Improvements ...................................•---............_................ 3 2.4.1 Tanserine Farms Road .......................................................... ~ 2.4.2 Moore Road .._.... -----• ........................................ ...............•-----...----.._ 4 2.4.3 Lon Adams Road .................... ._...----• • ....... ............................. 4 2.4.4 Gladden Farms Drive ................... ......... ................................. 5 2.4.5 ProportionateFinancial Share ....................... 2.5 Recreation Facilities/Sehool Site ................... ..................•--••-•--•-....... J 2.5.1 Regional ParkJTrial System ......................... 2.5.1.1 Phasing of Improvements ...................... 2.5. I.2 Park lrnprovement Contribution ...............: 2.5.2 SctiooUPark ie ................ 6 Si S ......................................... .......................... 6 2-6 Bank Protection ........................ .. ..............•--------•- 5 ................................. -.7 Irrigation System ................ .......................................... 6 _. .7. I Cortaro-.'Vlarana Imgarion District.....-• .................................. 6 3. Responsibility for Financing Infrastructure Improvements ................... 6 4. Cooperation and Alternative Dispute resolution ........................ 4.1 Appointment of Representatives ................. ~ 4.2 Timin¢ ....... .............._._.......... 7 4.3 Default; Remedies ................................ ~. Protected Development Itia6ts........... ..................•---------------•---........ ~ 5.1 Purpose ....................b..............---•---•~-~-----..........._._...._._..................... ~ ~.2 Future Impact Fccs......... ........................................ 6. Notices and Fi[ings .............. ......................•----------------............................ S 6.1 Harmer of Sen~ing ......--•---•• ....................................................... ....... 8 1 3 ~- .~ Gladdca Farms Draft 12~17/?001 gW;6J TABi,E pP' CONTENT'S (Continued} Page 7. General Terms c4c Conditions ................ 7.2 Su~nsct .....................................................!....-•--...........................~....... 9 • --•-•----•-----• ................. 9 7.3 Waver .............. ....................... 7.4 Atloi~¢eys' .................................... Fees ........................... ................................................ 9 7.5 Countcrp ••••••• ~s ............................... 7.6 ....................................... 9 Headings and Recitals ..................... ................................................... 10 7.7 Exhibits ------------------------- - ---•-•--•---.......-•---....--- .......... IO 7.g -----•---•--------••-------- -• - Further Acts ................. ..................................... ..... 10 7.9 Futurc Effcct ................... ............................ ..................•----•-•------•-•--.....................------- 10 7-9.1 Successors.-•-------•--.....-•------..:.--•--•-........ 7.10 Ternrin ti •'•--• ................ .. 10 a on Upon Sale to Public ..................... --•-•••~ - ..... 1 7.11 No Partnershi ............................. p and Third Parties .............. 7.12. ............................ ...... l1 Other fns ....... irumcnts .....................•---••-- •---•-•---•--•-- 7. i3 Imposition oFDuty By Law ..------•- - •. •--•---------------------------•- 11 ... ............................................... 11 7.14 Entire Agreement .................. ................................... ........... I 1 7. I S ............... Amendment.------•---• • .............. 7.16 'J ........................................... . ames and I'laps .......................... .................. I 1 7_ I7 Good Standin """"'•"'•" g, Authority ......................... •--... 12 7.l 8 ................................... S everabi 1 i ty .................... ................................ ... 1 Z ................................. .I9 Governing Law;Arbitration ...-..-_.... 7.20 - -•-••-•--••----•-• Recordation....---•-----•-• ----.. ., .................................................. _ 12 721 ~IoDeveloperRepresentations •••~~• •~-~~~~~••' ............................. ............ 13 ................. .22 Approval ........ 7.23 ........................ Force Ma~eure--------•----__-• ._.. ---•---------•--------•-----•-----••-- -•-• ........................ 13 ,=~ 3 ,-~ Lf i j ii Crladden Farms Dart 12/I7/?001 ~ IIGIlSJ DEVELOPMENT gG~E~ENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made by and between the TowtroFMaRANA, an Arizona municipal corporation {hereinafter "Town"), FIDELITY NATIONA(, T11'LE AGENCY, INC., AS TRUSTEE UNDER TRUST No. 30,212 (hereinafter "Owner"), and GLADpEN FARMS, L.L.C., a Nevada limited liability company (hereinafter "Developer"). RECITALS: A- Owner owns approximately 714 acres of real property within the corporate limits of the Town, as depicted on the map attached hereto as Exhi~"A,» and legally described on Exhibit "g" (hereinafter collectively referred to as the "Property"). • B_ Developer is the beneficiary tinder Fidelity National Title Agency, Inc. Trust No. 30,212 and is the developer ofthe Property. C. The Developer intends to construct amaster-planned community, including single-family residences, approximately 41 acres of commercial uses, and recreation/open space on the Property. D. Pursuant to Marana Ordinance No. 2000.09, which was approved and adopted on November 7, 2000 (the "Ordinance"), attached hereto as Exhi~C~ 714 acres of the Property were conditionally rezoned from Zone "C", Zone "A" and Zone ~,D„ to "VC", "R-ti", `~-7„ ~R-&„ , order to facilitate development of the Pro e~-lb', and "IZ-144" (the "Rezoning"), ~ Development Plata, attached hereto as Exh,___ 'b~D-'elineated in the Preliminary E. The future development of the Property shall be subject to, among other things, (i) the Northwest Marana Area Plan and General Plan, (ii) conditions of `. the Ordinance, (iii) the Preliminary Development Plan, and (iv) the Marana Development Code (ineludin~ the written rules, reD lations, procedures and other policies relating to development of land, whether adopted by the Mayor and Council or by Town stafi~ (the "MDC»), collectively establishing, anion other ihina type of land uses, location, density and intensity of such land uses, and eommtttuiy character of the Property, and providing for, among other things, the development of a vzriety of housing, recreation open space and commercial opportunities. F. The Owner, the Developer and the To~~n desire that the Property shall be developed in accordance with the iVIDC, the Ordinance, the Northwest Marana Area Plan and General Plan, and the Preliminary Development Plan, as amplified and supplemented by this Agreement. The parties acl;rtowIedge that this Agreement is intended to be consistent with the foregoing, and operates to the benefit of the Tower the Owner; the Developer, and the public. T .l f, t:, _~ Gladden rags Drafr I2/17,'2001 iiu~a~ EXHIBIT LIST Exhibit # Aescription of Exhibit Prepared By ~ Map of the property ',Developer ' ]3 Legal description of the property ~ Developer C Ordinance No. 2000.09 approving rezoning ~o,,,,n D Preliminary I7evclopment Plan Developer E Cross-Section of Moore Road Developer r Cross-Section of Lon Ada~-ns Road Developer G Cross-Section of Gladden Farms Drive Developer H Regional ParklTraiI Site Plan Developer .ii Gladder, Fa.~r!s Drafr 12/17/2001 I ,~~:~F. i n L; G. The parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms o~ A.R.S. § 9-500.05, in order to facilitate the development ofthe property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of public infrastructure as more particularly P~oscebed herein, the phasing over time of construction or development on the p rty, and other mailers related to the dcvelopment of the Property. lT_ The Owner, the Town and the Developer acknowledge that the . dcvelopment of the Property pursuant to this Agreement will result in planning and ' economic beneCts to the Town and its residents b development of the Pro a Y~ among other things, requiring Marana Area Plan and Ge~al Planeand the Preli~rru'nary De0ve opment Plan, rthwest Now, TFIQRBF0RE, in consideration of the foregoing premises and the mutual promises and agreements set forth herein, the parties hereto state, confirm and a~'ee as follows: AGREEMEI`Iq'; 1. 1ezoning and Development Plans. 1.1. Development in Accordance with rhP Plan MDC the Rezomn and the Prcltmtn Block P1at.NPrior tosthe approval and execution of this A~eement, the Town conditionally approved the Ordinance. The Property shall be developed in accordance wish the Ordinance, which, in conjunction with the Northwest Marana Area Plan, the MDC and the Preliminary Block Plat, sets forth the basic land uses, densities and intensities of such Iand uses as presently authorized for the Property and development regulations related thereto. Upon compliance by the Developer with the applicable development review and approval procedures as set forth in the Ordinance, the MDC and other Town ordinances, rules, regulations and state laws, the Town agrees to approve or issue such permits, plans, specifications, and/or plats of or for the Property as maybe requested by the Developer and which are-consistent with the Ordinance, the Northwest Marana Area PIan, the Preliminary Block Plat, and the MDC, 1.2. Rezoning Conditions_ The Omer and the Developer agree to h,~11i?1 all conditions outlined in the Ordinance and as maybe clarified by this A~ement for the Property. 1.3. Blo_ c_ k plat. The Town approved the Preliminary Block Plat on May 22, 2001. The Developer subsequently submitted the Final Block Plat, in substantial confornance with thz Preliminary Block Plat, on June 14, 2001. The Tout agrees to review the Final Block Plat expeditiously and in good faith, and to work diligently with Developer toward Finai Block Plat approval. 1.4. Design Guidelines. In compliance with Condition LtiTo. 19 of the Ordinance and in order to insure a high level ofdesign, the Developer has included 2 Gladden l: arms Draf i 12/17/2001 1161 I5 J i ~; L, detailed community design guidelines (the "Design Guidelines") with the Final Block Plat submittal. The Design Guidelines include, but are not limited to, restricted fencing and subdivision dcsign limitations. 2. Infrastructure Improvements. 2.1. Re~io_____ nal public Tnfiastm,clure. The public Infrastructure described in Section 2 of this Agreement will be provided byl7eveloper in order to serve the planned development of the property, but will also facilitate and support the ultimate development of the Larger land azea that includes the Pro "Regional Public Infrastructure"). The Town acknowledges that P rtlons of the Regional Public Infrastructure will be provided as part of the earlyphases of development of the Property, prior to the time when such public infrastructure facilities and services would otherwise be ngtrired to serve completed phases of the development within the Property and, therefore, prior to the time Developer might otherwise be required to provide or contribute to the cost of same and prior to the time the expense of such public infrashucture facilities and serviccs otherwise would be jusiired by the phasing of development of the Property. Developer is willing to provide the Regional Public Infrastrucitu-e earlier than otherwise required for its private development of the Properly, and to have such Regional Public Infrastructure utilized to facilitate and support development of the larger Iand area that includcs the Property only if Developer can complete development of the Property as provided for in the Rezoning and this Agreement- The Town acknowledges this commitment by Developer and will reasonably cooperate to allow this development to proceed pursuant to the Rezoning and this Agreement 2.2. Water Utilities- The Developer and the Town are currently negotiating a Water Service Agreement, which sets forth the various agreements of the parties relating to, among other things, the development, construction, dedication, ownership, and design of the water system which shall scrvc the Property, This V4'ater• Service Agreement shall be entered into prior to recordation of the Final Block Plat for the Property. The Town will act on the Water SerZZCe Agreement within a reasonable time. 2.2.1. Transferor"Grandfathered 1Water Rights- The Owner shall transfer to the Town, as prescribed by the Arizona Department of Water Resources, the irrigation Grandfathered Rights (IGR) water rights on lands deeded to the Town pursuant to L:e CertiCcate of Grandfathered ~~"ater Rights. On lauds not deeded to the Town, extinguishment credits will be transferred to the Town on the appropriate Departmeni of Water Resources form. In exchange, rho Town shall provide d'signatipn of assured water supply and water service to the Property. 2-3. Sewer Facilities. The Developer and Pima County Wastewater lvlanagement (the "PC'~VM») are currently negotiating a Sewer Services Agreement and Master Sewer plan for approval by PCWM. The Developer shaIl construct ail sewer system improvements as required by Pima County. Prior to the com.*nencement of construction, Developer shall submit all plans to the Town for i 1 _~ r. :-~ Gladden Farms Drafr 12;1712002 :II,:IG3 review and approval. The parties acknowledge that the Developer will be - constiucting facilities that are oversized for this project, and will be receiving Sewer Hookup Credits from PCWM in the amount of the marginal cost of oversizing. The Town shall require that all development agreements for property in Northwest Marana which use the oversized infrastructure shall provide for a payment of not less than Gve hundred (5500.00) dollars per unit to be paid [o PCWM for regional sewer collector development. 2.4. Roadway Irnorovements. 2.4.1. Tangerine Farms Road. In satisfaction of Condition No. 6 of the prdinance, the Developer has requested that the Town form an Improvement District (the "1'I?") to construct the Tangerine ]; arms Road from I-10 to Moore Road. -The Town. pursuant to state law, shall proceed expeditiously to form the ID. The ID may only construct the surface improvements (i. e., gradin landscaping, etc.} of Tangerine Farms Road from curb to ~urb and must construct Tangerine Farms Road to the same standard both on and off the Project site. At such rime as the ID is fornied, Developer will install any utilities required to service the Project, as well as on-site shoulder and buffer landscaping. Timing of utility improvements will be as necessary to support the development of the Project. The timing of Iandscape unprovements will coincide with the landscape improvements of any adjacent block in the Project. Tn the event the TD fails Developer and Town will meet ""1~ ~tY (~U) days to agree upon a revised fundiu~ the completion of Tangerine Fauns Road in satisfaction of C~ondi ton No, 6Poa~eor Ordinance_ Developer shall not proceed with any development in Phases lI, II[ or N cf the project until such alternative method to meet the plat condition has been mutually agreed upon. Furthermore, the Town shall not release the assurances posted to assure completion of the imp*ovements set forth on the final plat fer each development block delineated on the Prelia~tinary Block plat other than Fhase I until completion of Tangerine Farms Road. Failure of the ID shall not affect the ~"~ completion Hof development of Phase L 2.4.2. Moore Road Moore Road is planned as a 250-foot right- of way- Across-seclion of Moore Road is attached as Exhibit "E". The Developer will install landscaping along the i 00-foot wide buffer aria on the sours: Moore Rozd pursuant to Exhibit "E". These improvements wiII be ins~,.alled of contemporaneously with each development block contiguous to Moors Road, and i will be completed prior to the release of the assurances posted to assure completion of ?' the improvements set forth on the hnal plat For each development blocs; delineated on the PreliminaryBlockPlat. . 2.4.3. Lon _sdams Road. pursuant to Condition No. 7 of the - Rezoning, the Dsvelopor has completed the design ofthc realignment of Lon Adams ~_ Road. Lon Ada*ns Road will be a 90-foot :-fight-of--way. Across-section of Lon Ati:tns is attached as Exht_ ~~F». The Developer shall construct ?.on .q~ ~ ams Road 4 Gladden ranns Draft 12/17/2001 1141141 pursuant to Esht----b!t"F=' to two phases, or as required and necessary to serve adjacent blocks to be developed. The Phase 1 portion is the portion of Lon Adams Road adjacent to and includes the first phase otthe development and will be completed prior to the issuance oFthe 100TH building permit. phase 2 is the balance of the roadway and will be improved prior to the issuance of the 600`h building permit. 2.4.4. Gladden Farms Drive. The Developer will improve Gladden Farms Drive for its entire length across the property. Gladden Farms Drive will be a 90-foot right-of--way. Across-section of Gladden Farms Drive is attached as FYh'--__b!~ "C_'• 'I'he improvements will be completed in two phases, or as required and necessary to serve adjacent blocks to be developed. Phase 1 is the portion of Gladden Farms Drive within the first phase of development and will be completed prior to the issuance of the 100`r building permit. Phase 2 is the balance of the roadway and will be improved prior to the issuance of the 1100`IT buildingpennit. 2.4.5. Proportionate Financial Share. Pursuant to Condition No. 9 of the Rezoning regttirinb the Owner/Developer to contribute its proportionate financial share to regional transportation.improvements, completion ofaIl unprovcments iu Sect____'oo ?,q of this A~eement is deemed to satisfy Condilion \o_ 9_ Nothing in this Sech_ 'p~,q_S precludes the Town from levying fitfure impact fees for transportation as otherwise pemutted pursuant to this Agreenienl and other laws. 2•$. Recreation Facilities/School Site. It is the Developer's intention, which the Town acknowledges and relies upon, to incorporate s s°nificant recreational facilities, including a regional park, trail system, and school sites. The reservation of the school sites, and the transfer of ownership of the park sites pursuant to this Sects, ~o'n?•5~ satisfies all requirements for open space contained in the IvIDC, the Ordinance, and the Northwest Marana Area Plan and General Plan for the Project. 2.5.1. ReQ-ional Pas'klTrail System. pursuant to Condition Nos. 12 and I4 of the Rezoning, the Owner agrees to dedicate Parcels 26, 27, 28 and 29 to the Town for park facilities, trail system and flood control purposes. The Developer will improve a portion of the 42-acre Parce126. The improvements will include two Little League bascbalUsocccr fields, a tot play structure, a "orchard Landscaped" barbecue and picnic area, restr~ m~ aei~lities,anroaaw~s ~a ~ pa-~Ktng areas, and an under~-ound pedestrian crossing of Tangerine Fauns Road as shown on the site plan attached hereto as Irshibit «~» and the specificwtions to be pro~~ded and approved by the Town. --- 2.~-1.1_ Phasing ofIn,provements. The Park Improvements '_~ will be constructed no later than stx (6) months after the completion of Ta.*tgerine F2rrns Road or upon the issuance of the six hundredth (600) buildingpe~t, whichever first occurs. i 2.x_1.2. Park Improvement Contriburion Developer shall pay ~ a 5100 per unit Park Improvement Contnbutton for the park Improvement;, payable upon the release of the assurances or issuance of substitute assurances posted to CTladden Fa_*rts Draft 1?i 17/2001 ~:w,~, ;"~'~ assure completion of the improvements set forth on the final plat for each development block delineated on the Preliminary Block Plat in an amount equal to the number of homes for that block. 2.5.2. SclrooUPazk Sites. Irt compliance with Condition No. I3 of the Ordinance, the Owner shall reserve not less than two {2) school sites, each a minimum often (10) acres in size and located in 131ocks 7 and 10 of the Project, for use by the Marana Unified School District (the "Se4oo1 District"). These sites shall be deltneated at the time of Town approval of the preliminary plat for BIocks 7 and 10, respectively, and shall be acceptable to the Town's Parks and Recreation Director and the Development Services Administrator, in accordance with the Park, Trail and Open Space System Master Plan, and must be deemed acceptable to the School District and the Town's Development Services Administrator. The school site shall be subject to all planning and engineerinb standards, ordinances, etc. in effect at the time the school is developed. In the event either or both school sites are not conveyed to the state or the School District within fifteen (15) years of the date of this Agreement, said site(s) shall be deeded to the Town for use as a public park. 2.6_ Bank Protection. In compliance with Condition No. 16 of the Ordinance and Town Ordinance No. 99.02, Developer shall pay 5500.00 per acre of affected property for bank protection as set forth hereinafter. Therefore, the total obligation ofDeveloper for the Project is 5273,500 (5500 x 547 affected acres)_ Developer shall pay this obligation at the rate oF$17,892.p0 per block, for each of 23 residential blocks according to the Approved Preliminary Block Plat. This payment shall be payable upon the release of the assurances or issuance of substitute assurances posted to assure the completion of the improvements set forth on the final plat, for residential each block of development dcli.neated on the Approved Preliminary Block Plat. 2.7. Irrigation System. In compliance with Condition No. I7 of the Rezoning, the Developer shall develop and construct an reel ation s to the Town, to distribute irrigation water throughout the Property.syslem, dedicated 2.7.1. Cotrtaro-Llarana Irrigation District (~~C~'vIID"). ~ compliance with Condition No. 18 of the Rezoning, the Developer is working v~ith C~liD to enter into a formal agreement corccrning the maintenance of the necessary irrigation system and well sites to perpertate the abili[y for CMID to have their users urigate as necessary. 3. 22esponsibility for Financing Infrastructure Impro~~ements. Upon request of the Developer, the Town staff shall process any request for a Cortuuuruty Facilities District pursuant to A.R.S. § 48-701, et seq. and the To~~n's Cruidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request for a Community Facilities District. i i =s Gladden Farms DrarZ 12,'17/2001 RNI6) •'~ c 4. Cooperation and Alternative Dispute Resolution. 4.1, Appointment of Repeesentatives_ To further the commitment of the parties to cooperate in the progress of flee Development, the Town, the Owner and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner and/or the Aeveloper. The initial representaiive for the Town (flee "Town representative") shall be the Planning Director, the initial representative of the Owner shall be Many Hi Il and the initial representative for the Developer shall be Eugene L. Baker or a replacement project manager to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property. 4.2. Timing. The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Owner and/or the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3. Default; Remedies. If either party hereto defaults (the "Defaulting party") with respect to any of such party's obligations hereunder, then the other party hereto (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed ut Seetian 6.1 to the Defaulting parTy, wIuch notice shall state the nature of the default claimed and make demand that such default be corrected_ .The Defaulting Party shall then have (i) twenty (20) days from the date of such notice within which to correct such default if it can reasonably be corrected by the payment otmoncy, or {ii) sixty (60) days from the date of such notice to cure such default if action other than the payment of money is reasonably required, or if any such non-monetary default cannot reasonably be cured within sixty (60) days, then such longer period as may be reasonably required, provided and so long as such cure is promptly commenced within such period and thereafter diligently prosecuted to completion. If any such default is not cured within the applicable time period(s) set forth above in this Section 4.3, then the Non-Defaulting Party shall be entitled to commence an action at law or in equity in the Pima County Superior Court. -The pu,ies hereto agree that due to the size, nature and scope of the Development, and dui to the fact that it may not be practical or possible to restore the Property to the condition which existed prior to Developer's development and improvement u,-ork, ones implementation of this Agreement has begun, money dan~ages and remedies at 1ar• tirrill likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This Section 4.3 shall not Limit any other rgbls, remedies, or causes of action that either party may have at law or in equity. i i i - 5. Protected Develapment Rights. 5.1. Ptt ose. One of the purposes of this Agreement is to establish =~3 icYally protected rights for the development of the Property in a manner which is 7 Gladden Farms Dra$ 1 2/1 71200 1 IlGclnl :~ ~~, consistent with tlae Northwest Marana Area Plan, the MDC, the Ordinance and the Preliminary Block Plat, in order to ensure reasonable certainty, stability and fairness to the Developer over the term of this Agreement. Toward this end, Developer, Owner and Town agree that the zoning designations 'anted by the Zoning Ordinance shall remain in effect and shall not be changed without the agreement of the Owner and the Developer for the term of this Agreement. 5.2. Future Impact Fees. In consideration for the roadway, sewer, water and irrigation improvements funded and/or constructed by Developer pursuant to this Agreement, in the event the Town adopts an impact fee for which Developer has paid a voluntary fee or constructed improvements pursuant to Section 2 of this Agreement, Developer shall be entitled to a credit for such contributions, whether monetary or actual construction costs, as set forth in A.R.S. § 9-463.05. 6. ltiTotices and Filings. 6.1. Manner of_ Serving. AIi notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner); Tl~e Town: Town otMarana Planning Director 13251 N. Lon Adams Road Marana, Arizona 85653 t'4ith a copy to: Datuel J. Hochuli, Esq. Hochuli & Benavidez, P.C. 220 East Vvetmore Rd., Suite 110 Tucson, Arizona 85705 i i i Gladden Farms Draft 13/l 7,2001 :,~~~~ -'.''i The Owner: Fidelity National Title Agency, Ilrc. as Trustee under Trust No. 30,212 Attention: Marty Hill Trust Department 7750 East Broadway, Suite B222 Tucson, Arizona 85710 The Developer: ,- Gladden ];arms, I,.L,C, c% Eugene L. Baker, Project Manager PIallCraft Homes 16766 East Parkview Avenue; Suite 201 Fountain Hills, Arizona 55268 With a copy to: Frank S. Bangs, Jr. Lewis and Roca, LLP Oue South Church Ave., Suite 700 Tucson, Arizona 85701-1620 7. Genera! Terms ~: Conditions. 7.1. Term. This Agreement shall become effective upon its execution by ail the parties and the taking effect of a duly adopted resolution of the Town's governing body approving the Agreement (the "Effective Date"). 'lie term of the A~-eetnent shall commence upon the 1=ffective Date and, unless sooner terminated by the muh~al consent of the parties, shall automatically terminate and shall thereafter be _~ void for al] purposes twenty-tve ~26~ yo~.s from the date of this Agreement_ If the parties determine that a Iougerpe~iod is necessary for any reason, the term ofthis Agreement maybe extended by written acknowledement executed by the parties. 7.2. Sunset. in the event the Final Block Plat is not recorded w1thin the time linrit established in the Ordinance, tIus Agreemenl shall terminate and be of ro Further force and effect 7.3. Waiver. No delay in exercising any right or remedy shall i constitute a waiver thereof, and no waiver by the To«~n, the Owner or the De•s~eloper n of the breach of any covenant of this Agreement shall be construed as a waiver of any precedin or succeeding g ~ breach of the same or any other covenant or condition of this Agreement. 1 7.4. Attorneys' Fees. In the event any party hereto finds it necessary to br i;,g an action at Iaw or other procecdinR a~ ,,ainst any other party to enforce any of ~ Gladden Farms Dram 12/17/2001 us,is~ -: the teens, covenants or conditions hereof, or by reason of any breach of default hereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other parry, and in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees ' shall be included therein, such fees to be set by the court and not b u YJ rY• 7.5. Countcrnarts. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but alI of which together steal! 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 of alI parties maybe physically attached to a single doctunent. 7.6. Headings and Recitals. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and incorporatcd herein and the parties hereby confirm the accuracy thereof. 7.7_ Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hercof. 7.8. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform aI1 such acts as reasonably necessary, $om time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating. to the development of the Property by the Owner, the Developer and its successors. 7.9. Future EFFect. 7.9. l . Successors. All of the provisions hereof shall inure to the benefit oCand be binding upon the successors, assigns and legal representatives of the parties hereto, except as provided in Section 7.9 below, To the extent permitted by law, the Developer's rights hereunder may be freely assi~ed by a written instrument recorded in the ditciai Records of Pima County, Arizona, cxpresslyassigning such i rights. Notwithstanding the foregoing to the contrary, obligations othee Developer hereunder shall be binding upon anyone owning any right, title or interest in the ' Pro ert p y "r` P y, Provided such obligation has been s ecificall assumed in writing and such ~;~riting has been recorded in the Off cial Records of Pima Coun " Town understands that the Developer may create one or more entities o ~subsTdiaries wholly owned or controlled by the Developer or ):ugene L. Baker forpurposes of carrying out the development of the Property as contemplated in this Agreement. In s' the event ola complete assignment byDevcIopcr ofall rights and obligations of l U Gladden Farms Draft 1?/1?,`2001 ,~w~.~ Developer hereunder, Developer's liability hereunder shall terminate effective upon the assumption by Developer's assignee. 7.10. Termination Unon Sale to Public. It is the intention of the patties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants ntnning with the land. Nevertheless, in order to alleviate any concern as to the effect oFthis Agreement on the status of title to any of the property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bullc'~ leased (for a period of Longer than one year) or sold to the end purchaser or user thereof and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement 7.11. No Partnership and Third Parties. It is not intended by this Agreement to, and nothtng contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer, the Owner and the Town_ No term or provision pf this Agreement is intended to, or shall, be for the benefit of -anypersott, fine, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 7.I2. Other Instruments. Each party hereto shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this A~eement. 7.13. Imposition ofDuty B ~ r -~••• ~ an}'party hereto of any obligation or responsibility imposed upon t by la yot relieve 7.14. Entire q cement. This Agreement constitutes the entire zgreement between the parties hereto pertaining to the subject matter hereof. All pnor and contemporaneous a~•eements, representations and understanding of the parties, oral or written, are hereby superseded and merged herein. y 1$. A.tne--n~ent. The To~~, the O~~•ner and the Developer agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goats expressed in the 1VLDC, the Ordinance and the Prelirunary Development Plan, and to facilitate the development of the Property in light of any changes in development requirements, including an extension 1 of the term of this Agreement as pro~zded in Scct_ io^ 7.1. If the Developer orthe O~•ner determines that it would be beneficial to amend this Agreement to include ~' adjacent lands o~i~ned by the Developer or the Otivner, the Town agrees to consider in ~ good faith such amendment. All amendments to this Agreement shall be in writing ~ and, itapproved, must be signed by all appropriate parties. Within fen (10) days after any amendment to this Agreement, such amendment shall be recorded by, and at the expense of, the party requesting the amendment, in the Official Records of pima I Coant}; Arizona. "_ 1 I Gladden Fares Drafr 12/17.2001 ~~w~,~ ,%~ . 7.16. Names and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the iriErastructurc as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, io the appropriate governmental authority. 7.17. Good StandinQ~ Authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of California and is authorized to do business in the state'of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation duly qualilicd to do business in the State of Arizona and is in good standing under applicable state laws. Each of the parties hereto represents and wanants to the others that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 7.18. Severabili . If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform any act hereunder, this Agreement steal! remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. l:f, however, the Town fails to take the action specified hereunder, the Developer and/or the Owner shall be entitled to terminate this Agreement. 7.19_ Governing Law/Arbitration. Tlris Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the -- parties agree that any litigation or arbitration shall take place in Pima County, Arizona. I'n particuIar, this Agreement is subject to the provisions of A.R.S. § 38- - 511. This Agreement has been negotiated by separate legal counsel for the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing anypot#ion of this Agreement for or against any party Arr dispute, controversy, claim or cause of action arising out of or rc;lating to this y A~ cement shall be settled by submission of the matter by both parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. y 12-501, et seg., and jud~nent upon ' the award rendered by the arbitrators} maybe entered in a court having jurisdiction thereof. 720. Recordation. I~ro later tl;an ten (10) days after this Agreement has been executed by the Town; the Owner and the Developer, it shall be recorded in _~ its entirety, by, and at the expense of, the Developer, in the Official Records ofPima County, Arizona. ~` 12 Gladder Farms Draft 1 J 17/2001 I1a16) 7.21. No Develoncr Representations. Except as specifically set forth herein, nothing contained herein shall be deemed to obligate the Town, the Owner or the Developer to complete any part or all of the development of the Property. 7.22, royal. If any party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 7.23. Force Maieurc, if any party hereto shall be unable to observe or perform any covenant or condition herein by reason of "force majeure," then the failure to observe or perform stich covenant or condition shall not constitute a default hereunder so Iong as such party shall use its best effort to remedy with aII reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force ntaj eure," as used here, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God"; strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any mind of the government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; lattdslides; lightning; earthquakes; subsidence; foes; hurricanes; storms; droughts; hoods; arrests, restraints ofgovernment and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is in the judgement ofthe partyhereto unfavorable to such party, shall not constitute failure to use its best efforts to remedy such acondition. - i ri a -~ n 13 Gladden Farms Daft 12/17i20t)1 11v 161 IN Wt1'NESS WHEREOF, the parties have executed this Agreement the day and year written below. Date: ,~~,tl~.lta/I ~,~ T0~4T1 OP biARANA an Arizona municipal corporation ATTEST: .--"" B own lerh ay Sutton, Jr. APPROVED AS TO AND AUTHORITY The foregoing Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the' State of Arizona to the Town of Marano. C Daniel J. H chuli,l/sq. Attorney for Town of iviarana STATE OF ARIZONA ) ss. County of Fima ) The feregoi g document was sworn to and acknowledged before me the ~_ ay of , 20{1, by Bobby Sutton, Jr., in his capacit~~ as Mayor of the Town of Marano Arizona municipal corporation.. i I N t Public .VIy coQne fission expires: a,,,,~,,,;,u~,,, ~"1~9~~? i,YNN ~+t+RD~ 14Pt~+y Pyb6o-Artroaz ~16d,{ CQUkTY My Csmm, 2~cv Aup. 29, n z 14 Gladden Farms Droll 12/17/2001 nraits Date: /d •//~.~ / Fidelity National Title Agency, Inc. An Ari ona corporation, as Trustee under Tru No. 30,212 , only and not in its Lporate capacity )3y ~ I~~N}l~ Martha L. Hill, Tnrs~ Officer Its STATE OF ARIZONA - ~ ss. ~ - Co~mty of ~~9 ~ The foregoing document was sworn to and acknowledbed before me the ~' day of 1af'f.~i~/~~ , 20UI, by Marty Hill, ~,,r-__ ~,~~~f Fidelity National Title Agency, Inc., an Arizona corporation, in its capacity as Tnlslee under Trust No. 30,213 only, on behalf of~the corporation. // .~ _ . My commission exoi T blic ' OFF 1,~L 5E ~ oa Rf-DYNE -~Y PUnUC • ARfZOKA P11v!A GOUN7Y C~-~,r _cpi;se OR 20 2604 .J .~ J 1 ~ Gladden Farms Drag I?lI7i2G01 ,~~,~~ Datc: 'a~~alo~ Gladden Farms, L.L.C. a Nevada limited liability company By /~~' oIm M. Keilly Irs L STATE OF NEnVAD/A~ ) County o f ~ ~ri/! k ) ss. th The foregoing document was sworn to and aclatowledged before me the ~_ day of __ t~~~,~ ~ , 2001, by John M. Keilly, /J)Q,14 ,ry /~/~,,, ~ of Gladden Fames, L.L.C., aNevada limited liability company, on behalff of the lim]'ted liability company. ~~/"~~ ~ ~i~~~d Notary Public ~+RLENE b. OR1LL0 Neloq Public Stale ~ ~,p~ No. D]-69357-) - MY ~ppf. exp. June 18, SODS My commission expires: (~ ~~ $ -0...5 i f ~'1 L '.t ~~ 16 Gladden Farms Draf 12~17/?001 ~:L~ib? '~ ':1 ~G77LUY t ~i1+7 ~J 28 ~ 27 i ~u i"dI~ IdND Pl -61 ~ I~ ~~CAT.t01t~ 1KA~' BEING THE EAST 3'4 OF THE NE QUARTER OF S~CTI4N 33, AND ALL OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, SCALE: 3` = 1 MILE GILA & SALPIMA COUN7`f.pARILONA N ~ MARANA, GLADDEN FARMS EXHIBIT A ,29' S5 S&TION ,20 ~ ~'LTION 35 1 3b 3 SB'GT70N Z i .i~ :~ ~.1 LEGAL. DESCRiPT1ON I'arccl l: The East half of the Northeast Quarter of Section 33, Township 11 South, Mange i 1 East, Cxiia and Salt River Base and Itilcridian, Pima County, Arizona; i I Except the North 30 feet within Moore Roud conveyed in llockct 11125 at Page 2442; ~ Except the East 30 feet within Sandario Road; i Except that portion within the Y,aferal and Sub-Laterals; and Except alt percolating water, contained within, underlying, or which map be produced except such water as ma be used by the otvncrs and inhabitants for doutestic purposes, as reserved izt Decd recorded In Book 314 of Deeds at Page 445. Parcel 2: I All of Section 34, T'o~rnship I1 South, Range II East, Gila and Salt River Base artd Meridian, Pima County,, ~ Arizona; i ~ Except the South 292 feet of the North 322 feet of the East 357 feet; Except the north 65 feci of the South 115 feet of the tiVest 93 feet of the East 118 feet of the Northeast Quarter, Except the South 125 feet of the West 75 feet of the East 262.66 feet (242.G8 feet record) of the Southeast Quarter; Except that portlon within the Lateral and Sub-.Laterals; ` Except the Fi~est30 feet within Sandario Road, increasing to GO.feet in the ,Southwest Quarter; Except the t!'orth 30 feci within Moore Road; Except all percolating water, eotttained within, underlying, or which may be produced escept such water as may be used by the otf hers and inhabitants for domesilc purposes, as reserved in Deed recorded in Book 314 of Deeds at Page 445. '~ cXHtBlT B CASE No. 41000289 F. hNN RODRZGtJSZ, RECORDER RECORDED BY: 19CG D R$CORDER 639 ROOF S2913tA rowN os XTTN: TORDt LERlC 13251 N LON I.DAMS RD t~ARJ1An1 A.Z 5653 !~. DOC2CET: II422 -~S'~y `y~ PAGE: 1805 NO. OF P E3: 31 SEQirI:NN 2000218057 11/09/20 0 ~~I o'ft` 03~D 16 o B AMOUNT PA.ZD $ 21.0 0 MARANA ORDINANCE N0.2000.09 Al\ ORDINANCE OF TN): MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, APPROV[NG AREZONE REQUESTBY GLADDEN FARMS, L.L.C., TOREZOIv'E APPROXIMATELY 714 ACRES OFLAND LOCATED NORTH OF TANGERINE ROAD, WEST OF POSTVALE ROAD AND SOUTH OF MOORE ROAD, IN S)rCT10N 34, TOWNSHIP 11 SOU i'H, RANGE 11 EAST AND A PORTION OF SECTION 33, TOWNSI~' 11 SOUTH, RANGE 11 EAST, FROM "ZONE C," "ZONE A"AND ZONE "D" TO APPROXIMATELY 41 ACRES OF "VC," 244 ACRES OF "R-6," 137 ACRES "R-7," 118 ACRES "R-8," 30 ACRES "R- 16,"ANp 144ACRES "R-I44,"ASSESSOR'S PARCELlr-UMBERS 217-49-0010, 217-53-008E, 217-53-008F AND 217-53-008H. WIiEREAS, Gladden Farms, L.L.C. is the owner of approximately 714 acres of Lind Located IVarth ofTangerine Road, West ofPostvale Road and South oflvl:oore Road, as depicted on Exhibit A, attached hereto and incorporated herein by this reference, and are more specifically described as Sectian 34, Township 11 South, Range 11 East and a Portion of Section 33, Township 11 South, Range l l Ease and WHEREAS, Gladden Farms, L.L.C. has requested a rezone of the 717 acre property from "Zone C," "Zone A"and Zore "D" to approximately4l acres of"VC," 244 acres of "R-6," 137 acres "R-7," 118 acres "R-8,"s0 acres "R-16,"and 144 acres "R-144," rezoning requests more particular:y described in Exhibit E, attached hereto and incorporated herein by this reference; and WHEREAS, in reviewing the rezoning request, Staff recommended to the Planning and Zoning Commission the approval of the rezoning request subject to nineteen conditions; and WHL•REAS, the Marana Planning Commission, after a public hearing, considered fcis request for a rezone on ?viay 31, 2000, and voted to recommend that the Town Council approve said rezone for the purpose of integrating the two subject parcels into the planned community, adopting all nineteen recommended staff conditions and placing one more recommended condition on tse requcs:'s approval by the Town Council; and WHEREAS, the Maraca Town Council heard from the representative of the owner,staff and members of the public at the re;ular Town Council meeting held 7uly 5, 2000, and has determined that the rezone is in conformity with the General Pian and should be approved. NOW, THEREFORE, Bb1I' ORDAINED by the Mayor and Council of the Town ofvla:ara, A.~izoua, as follows: Ala:~:~.1:t7Aat prdma:.cc.00:7C'J Pape l ofS EXHIBIT C J~ i :~ Section 1. The zoning ofapproxiroately717 acres located in Section 34, Township 11 South, Range 11 East and aPortion ofSection 33, Township 11 South, Range 11 East, Assessor's Parcel Numbers 217-49-0010, 217-53-008E, 217-53-008Fand 217-53-008H., tnoreparticulazlydescribed in Exhibit A, attached hereto, is hereby changed from "Zone C," "zone A"and Zone "D" to zppi`oximalely4l acres of"VC," 244 acres of"R-6," 137 acres "R-7," 118 acres "R-8," 30 acres "R-16,"and 144 acres :`R-144," as more particularly described in Exhibit B, attached hereto. Section 2. The purpose of this reronin; is to integrate the two subj ect parcels into the Rancho Santa Cruz Master-planned Community, subject to the following conditions: 1 CompLance with all provisions of the Town's Codes, Ordinances and policies of the Northwest Marana Area Plan and the General Plan, current at the time of any subsequent development, including, but not lirnitcd co, requirements for public improvements. ?. A block plat, that includes a phasing plan is required forthis project. This rezoning is valid for .three years from the date of Town Council approval provided that if the developer fails to have a fittat block plat recorded prior to the three years, the property shall revere to the originzl zoning »n*hout further action by the Town Council. 3. Potential buyers shall be notified of the existeace and potential issues related to the opetarion of the Northwest Marana Regional Airport, located south of the property. The Development Services Adrinistrator, priorto prior to the Planning Commission's review and recommendations of the fast Preliminary Plat, shall approve the method ofnotif~cation. 4. Potential buyers shall benorified ofthe location ofanypoterttial WastewaterTreat:aentPlant(s) north of Avra Valley Road, as identified in the Pima Association of Governments (pAC) 208 Plan. The .Development Services Administrator, prior to the Planning Commission's review and recommendations of the first Preliminaryplat, shall approve the method of notification. 5. Trc Developer shall dedicate Moore Road and Tangerine Loop connector road a minimum of 250-fec;t furl right-of--way, inclusive of the linear park element; within 90 da}s of Tower Council appro~•al. Said alignment shall mee[ the 50 MP~1 design speed criteria. 6. The constn:ction of the Tangerine Loop Road shall be to full configuration in conjunction with '' the nest phase of the development, or as approved in the Deveioprnent Agre~mcnt. The Tangerine ~' Loop Road shall include a landscaped median and street. G %. The Developer shall design the realignment of I.on Adams Road to continue t.'iroug:1 rile sttc in a direct manner, as approved by the Development Services Administrator and dedicate Lon Ad:~s through the site, a minimum af90-feet full right~f-wz}' for street purposes only. ~17~. a~-u~ ordinance 2000.(+4 Page 2 of 5 8. The Developer shall provide, to the Development Services Administrator's satisfaction, the necessary off site roadway dedications and improvements as deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. This includes, but not limited, to the offsiteright-of--way extension ofLon Adams roadway t4 its Connection with existing Lon Adams Road, shall be conveyed to [he Towrt prior to approval of the first pretiminaryplat, subsequent to theBlockPIat, or development plan by the Town Council. 9. The Developer shall provide their proportionate financial share in regional transportation improvements and other major infrastrtcture improvements, that includes but not limited to, up~adcs to the TangerinelI-10 and Marana/I lb interchanges, Moore Road/I 10 interchange, as identified in the Northwest Marana Area plan and the Marazya Master Transportation Plan. A Development Agreement and phasing plan addressing infrastructure implementation are required prior to the approval of the first preliminary plat, subsequent to the flock Plat, by the Town Council. 10. A water senZCe agrcemert and master water plant must be submitted, by the Develop, and accepted by the Iltiliiies Directorpriorto the 2pprovaI of the $rst preliminary plat, subsequent to the Block Plat, by the Town Council. 11 A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by pima County Wastewater Mana;ement znd the Town Engineerprior to the approval of the first preliminary plat by t.'re Town Cou.-tell. 12_ The Developer shall dedicate the proposed R-144 zoning area that is located in the floodway, to the approprate agencies for flood con~ol and trail proposes. :. 13. Two (2) school/park sites, each ten (10) acres in size, shalt be dedicated by block plat to either the Town ofMarana or the Marana Unified School District, as appropriate.. I4. The Developer shall provide the ncctssarypark site(s), preferab9y joint use facilities wish the necessary school site(s) acceptable to the Parks and Recreation Director and the Development Services Administrator, per the proposed Park, Trail, and Open Spa: e System Master Plan. 15. T'nc property owner shall transfer with the final plat, ay the appropriate Arizona Depatunent of Water Resources form, those water rigs being IGR Type I or T}pe II to the Town ofMarana for the Town providing designation of assured watersapoly and water service to said property_ IfTypc 1 or Typc II arc needed oa said property, the Tewn and developedlandowner shz1I arrive at an agreeable solution W the use of those water rights appurtenant to said land. 1 l~fzia:t,, ~r7:.L;n Ordi6ltlCC 2000.49 ~ I'd;e 7 of ~ ~~-~ ] 6. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02, the propeiry owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement to reimburse the Town for its share of costs for construction of the ltvec I7. T)te Devclopershall develop an irrigation system, dedicated to the Town, to distribute irrigation water to all properties within this development. 1 S. The Developer shall work with the Cortaro-Marana Irrigation District (CHID) to maintain the necessary Irrigation system and well sites to perpetuate the ability for CM1b to have their users irr7gate aS 1leCesSary. . 19. The appl~cart shall include detailed communitydesi~t with the Block Plat submittal to address therequirementsoftheNorihwestMarana.Areaplan. The comrnunii},desi~nshallincIuderestrict~d fencing, so no solid material to be used along the open space area and use limited Ioaded streets adjacent to the open space and that no Mort than 30 percent of the structures adjacent to arterials and collectors shall be rivo stories. 20. The applicant shall create orparticipate in a Community )~acility District, Maintenance Improvement District and/or Street Lighting District, for the maintenance of the common areas and street lights as deemed acceptable by the Community Development Administrator. 21. Tne VC (Villagt Commercial) zoned property shzIl not be allowed to be developed at the R- 5standards. 22. !fin the future the property owner(s) desire to c'nange nom the commercial to a residential I on t<he VC {Village Commercial) zoned property a Rezoriina application shall be submitted, which will include a market analysis supporting the removal of the commercial property and a ~ detatt account of where the proposed dwelling units arc coming and that these units are available. I_ 33. Based on the requirements of the Northwest :vlarana Area plan the Maximum number of ~ dwelling units for the Gladden Parzns Rezoning areas is 2,012. Section 3. All Ordinances, Resolutions, and Motians and parts of Ordinances, Resoiudons, and Motions of the Maraml Town Council i1i conflict with the provisions of this Ordinance are hereby repA ;1~, effective as of the effectivo date of Ordinance No. 2000.09. Section 4. If any section, subsection, sentence, clause, phase 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 aucct the validity of r}ie remaining portions hereof. 4 z :~ R71TS;S..~..TZON Q~~l ~.~ Page 4 of 5 y.-~ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7`~ day ofNovcmber, 2000. ATTEST: May BsY SUTTON, JR. Jocc)yn, •Entz Town Clerk APPROVED AS TOFORIvi: '~rDan~el J. Hochuli, -sq. As Town Attorney and not personally ~ ~`~~unr .`~. ~~~ ~. _ , «r ~~r i t ~`I .i Ma:am, Nilo~A Ordir~an;c:~p.OS Page 5 of 5 ~1 ~ "1 1 EYHZ)3~'~ A Assessor's Parcel Numbers 217-49-0010, 217-53-008E, 217-53-U08~ and 217-53-008H. Legal bescrip[ions 2j Mar_m A-:zpr~ OfJiranc; 2000 09 r-;~t F?1 October 27, 2000 WLB No.199065-&001-1003X W: tL EGAL51199065W ewzonelZone. R-6.wpd T~f/1eB Group I/,C LEGAL DESCWPT]ON GLADDEN FARMS ZONE R-s PARCELS 1, 2, 5, 6, 8, 9.11, 21, and 24 That poriton of Section 34, and the East One-Half (E 1/2) of the Northeast Ot~Quarter (NE 1/4) of Section 33, Township 11 South, Range 11 East, Gila and Sa1f Rivet Meridian, Pima County, Arizona; described as follows: PARCELS 1, 2, 8, and 9 COMMI=LACING at the Northwest comer or said Section 34; THENCE S 00.3T15" E, along the East line of said Northeast Ong-Quarter (NE 1/4} 30.00 feet to the POINT OF BEGJNNING; THENCE N $9°25'06" E, 539.83 feet: THENCE S OS°01`55" E, 1,072.71 feet; THENCE S 46°31'36" E, 384.22 feet Io a point On the arc of anon-tangent airve concave to the Southeast, a radial line of said curve through said point having a bearing of N ~J6°31'38" W; THENCE Northeasterly along the arc of said curve, to the right, haying a radius of 1,64200 feet and a central angle of 02°10'38" for an arc distance of 62.38 feet to a point of compound curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1,700.00 feet and a central angle 07°26'23" for an arc distance of 220.74 feet to a point on the arc of anon-tangent curve concave to the Northeast, a radial line of said curve through said point having a bearing of S 69°04'54` W; THENCE Southeasterly along the arc of said curve, io the left, having a r.~iiit~ of _~_ 1,215.00 feet and a central angle of SO°44'C8" for an arc distance of 1,076.12 feet to a non-tangent line: = ~aQe 1 of 5 :~ ,': October 27, 2000 WLB No. 199065-B-001-1003X W:ILEGALS1199065WewzonelZone.R-6.wpd T~B s Group .~ THENCI~ S 26.22'14" W, 884.5,¢ feet io a point on the arc of anon-tangent curve concave to the South, a radial fine of said curve through said point having a bearing of N 26°22'14" E; THENCE Westerly along the arc of said ourve, to the left, having a radius of 2,800.00 feet and a central angle of 13°16'30" for an arc distance of 648.74 feet to a point of tangency; THENCE N 76°54.16' W, 79.19 feet to a point of curvature of a tangent curve concave io the Northeast; THENCE Northwesterly along the arc of said curve, to the right, having a radius of 2,500.00 feet and a central angle of 76°19'54" for an arc distance of 3,330.60 feet io a point of Tangency; THENCE N 00°34'22" W, to the South right-of-way tine of Moore Road a distance of 56.58 feet; THENCE N B9°20'24" E, along said tight-of-way line 1,195_t31 feet to the POINT OF BEGINNING. Containing 104.78 acres, more or less. Togetherwith: PAgCELS 5 and 11 COMMENCING at the North One-Quarter (N 1/4} comer of said Section 34; THENCE S 00.34',6° E, 30.00 feet to the POINT OF BEGINNING; THENCE N 89°25'03" E, 1,198.34 feet; THENCc South. 1377.22 feet to a point of curvature of a t2ngeni curve concave to the Northwest' THENCE Southwesterly along fhe arc of said curve, to the right, having a radius of 550.00 feet and a c°ntra( angle of 64`4B'14" for an arc distance of 022.07 feet to a point of tangency; Page 2 of 5 i ~t i October 27, 2000 " .. '= "-+°065-8-001-1003X W:4LEGALSl199065W ewzon etZone. R-6.wpd ~~B Group . THENCE S 64°48'14" W, 450.92 feet to a point of curvature of a tangent curve concave t~ the North: THENCE Southwesteriy along the arc of said curve, to the right, having a radius of 297.96 feet and a central angle 19°78'47" for an arc distance of 100.43 feet to a point on the arc of anon-tangent curve concave to the South, a radial line of said curve through said point having a bearing of N O8°10'06" W; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 480.00 feet and a central angle 24' 18'49" for an arc distance of 203.69 feet to a point on the arc of a non-tangent curve concave to the East, a radial tine of said curve through said point having a beating of S 46'0528" W; THENCE Nartheriy along the arc of said curve, to the right, having a radius of 1,565.00 feet and a contra! angle of 52°2T27" far an aro distance of 1,432.84 feet to anon-tangent tine; THENCE N 09°13'19" E, 294.77 feet: THENCE North, 540.86 feet; THENCE N 89°25'06" E, 184.36 feet to the POINT OF BEGINNING. Curtaining 61 85 acres, more or less. Together with: PARCEL 6 COMMENCING at the Northeast corner of said Section 34; THENCE S 00°30'13" E, along the East line of the Northeast One-Quaripr (NE 1/4} or said Section a distance of 310.00 feet: THENCE S 89°25`03" W, 45.00 feet to the POINT t7F 5EG1NNING; THENGE S 00°30'13" E, 331.24 feet to a poirrt on the arc of a non-tangent curve conczve to the East, a radial line of said curve through said point having a bearing of S 89`24'20" W; Page 3 of b i 1 n 4Ctober 27, 2000 • t~t~ a ~`~~ 1994fi~r 8-001-1003X W:ILEGALSl199065WewzonelZone.R-6.wpd 7~8 ~oup THENCE Southerly along the arc of said curve, to the left, having a radius of 1,695.00 _ feet and a central angle of 13'08'30" far an arc distance of 368.77 feet to anon-tangent line; THENGE S 00°30'13" E, 73.71 feet; THENCE S 89°3T25" W, 597.05 feet; TNENCE S 82°08'50" W, 615.00 feet; THENCE North, 1,146.05 feet; THENCE N 89°2503" E, 896.92 feet; THENCE S 00°30'13" E, 280.00 feet; THENCE N 89°2503" !;, 255.00 feet to the POINT OF BEGINNING; Containing 27.49 acxss more ar less_ Together with: PARCELS 21 and 24 COMMENCING at the East One-Quarter (E 114) comer of said Sedian 34; THENCE S 00°30'12" E, along the East line of the Southeast One-Quarte- (SE 1l4) a distance of 836.56 feet to the PAINT OF BEGINNING; THENCE continue S 00°30'12" E, 729.14 feet; TNENCE N 78'44'03" W, 652.19 feet; TNENCE 5 16°52'i4" W, 1,049.7n" feet to a palm on the arc of anon-tangent curve conczve to the Northeast, a radial tine of said curve through said point having a bearing of S 17' 14'04" W: TNENCE Northwesterly along the arc of said curve, to the right, having a radius. of 1.807.00 feet and a central angle of ~ 4°45'34" for an arc distance of 463.69 feet to a point of tangency; n r r, 3 Q '~ t Page 4 of 5 October 27, 2000 ,A,~ o ~~.. +aoC65-6-001-1003X W:ILEGALS1199065W ewzonel2one. R-6.wpd T~~ Group a~ THENCE N 58°00'22" W, 500.00 feet to a point of curvature of a tangent curve concave to the Northeast: THENCE Northwesterly along the arc of said curve, to the right, having a radius of 4,000,00 feet and a cer)iral angle of 02°OT34" for an arc distance of 146.43 feet to a non-tangent tine; THE?4CE N 37°34'08" E, 1012.46 feet; THENCE N 48°50'07" W, 631.40 feet to a paint on the arc of anon-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of S 34°44'54" E; THENCE Northeasterly along the arc of said curve, to the Lett, having a radius of 1.250.00 feet and a central angle of 17'05'00" for an arc distance of 372.70 feet to a non-tangent line; THENCE S 71 °4T33" E, 1,058.49 feet; THENCE S 81'22'29" E, 494.54 feet to the POINT OF BEGINNING; Corrtairnng 46.53 acres more or less. Prerared by: THE WLB GROUP. INC. Jack A. Buchanan, RLS JAB_'.eg z P'1 t i3 1 L .~ :..F .f gage S of.5 October 27,2000 WLB No.199065-6-001-1003X W:ILEGALS11990651NewzonetZone.R-8.wpd Tt-~eB ~~roup LEGAL DESCRIPTION GLADDEN FARMS ZONE R~ PARCELS 4,10.15,18, 79 and 25 That portion of Section 34, Township 11 South, Range 11 East, Gila and SaR Raver Meridian, Pima Countv. Arizona. described as follows: PARC!_L 15: COMMENCING at the West One-Quarter {VIr 114) comer of said Section 34; THENCE N $9°27'31" E along the West-East midsection line, a distance of 30.00 feet; THENCE S 00°30'16" E, 534.38 feet; THENCE S 68°14'29" E, 1,107.05 feet to the POINT OF BEGINNING; THENCE S 68°38'OT' E, 932.21 feet; THENCE N 36°48'43" E, 591.80 feel; THENCE N 40°59'00' W, 26.14 feet to a point of curvature of a tangent curve concave to the Southwest: THENCE Northwestern along the arc of said curve, to the left, having a radius of 2,800.00 feet and a central angle of 20°55'23" for an arc distance of 1.022.50 feet to a non-tangent Ilse; THENCE S 27°3T24" W, 888.20 feet fo the POINT OF BEGINNING: Containing 17.31 a~ es more or less. 1 Tooether with: - ' - .-~ PARCEL 25- _ COMMENCING at the Southeast canter of said Section 34; i _~ ;-{ Page 1 of 5 - October 27,2000 WLB No,199065-6-001-1003X W:ILEGALSt199065W evtirLOnelZone.R-8.vrpd T~g ~raup~ THENCE N 00°30'12" W, along the East line of said Sedion a distance of 125.00 feet; THENCE S 89'22'30" W, 400.00 feet to a point of curvature of a tangent curve concave to the North: THENC)= Westerly along the arc of said curve, to the right, having a radius of 1,800.00 feet and a cents! angle of 20°55'44° far an arc distance of 657.50 feet to the POINT OF BEGINNING; THENCIr S 89°22'30" W,1,340.60 feet to a point of curvature of a tangent verve concave to the North; THENCE Westerly along the arc of said curve, to the right, having a radius of 200.00 feet and a central angle of 41°33'14" for an arc distance of 145.05 feet to a point of tangency: THENCE N 49°04'16" W, 744.07 feet; THENCE N 40°55'44" E, 740.96 feet to a point on the arc of a norrtangent curve concave to the Northeast, a radial tine of said curve through said point having a bearing of S 40°48'58" W; THENCE Southeasterly along the arc of said curve, to the left, having a radius of 4,0(}0 OO feet and a Central angle cf 14°49'20" for an arc distance of 1,034.78 feet to a paint of tangency; a THENCE S 58°00'22" E, 500.00 feet to a point of Curvature of a tangent curve concave to the Northeast; THENCE Southeasterly along the arc of said curve, fo the left, having a radius of 1,800.00 feet and a central angle of 11°41'24" for an arc distance of 367.25 feet fo the POINT Dr 8EGINNING. Con'.aining 22.25 acres more or less. i Together with: :~ PARCEL 19: _'• C0164hLNCENG at the Esst One-Quarer iE ./4) com°r of said Seciicn 34; Page 2 of ~ =? '~ ,~ October 27,2000 ~"~~ ° ~!~.1°9065-8-001-1003X W:~LEGALS1199065WewzonelZone.R-8.wpd. Y~B ~roup~ THENCE S B9°28'31" W, 1.951.53 feet io the POINT OF BEGINNING; THENCE S 59° 15'13" E, 620.02 feet to a point on the arc of anon-tangent curve concave to the Northwest, a radial line of said curve through said point having a bearing of S 56°4S'Z5" E, THENCE Sotrtttwesterty along the arc of said curve, to the right, having s radius of 1.250.OD feet and a rxrttr'al angle of 35°27'04" for an arc distance of 773.42 feet to a point of reverse curvature of a tangent curve concave to the Southeast; THENCE Southwesterly along the arc of said curve, is the left, having a radius of 1.500.00 feet artd a central angle 13°58'i2" for an arc distance of 365.74 feet to a point on the arc of anon-tangent curve concave to the East, a radial tine of said curve through said point having a bearing of S 57'32'3T' W: THENCE Northerly along ~ ~ ~ ~ a ~ce ~ 324 93 feet to a point of reverse0 feet and a central angle of 33 14 curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve, to the left, having a radius of 2,195.00 feet and a centt'al angle of 12°47'1 i"for an arc distance of 489.84 feet to a poutt of reverse a,rvature of a tangent curve wncave to the East; THENCE Northerly along the arc of said curve, to the right, having a radius of 525.00 feet and a central angle of 51°05'50" for an arc distance of 488.20 feet to a non-tangert line; THENCE S 58°15'13" E, x86.98 feet to the POINT OF BEGINNING; Containing 16.72 acres more or Tess. Together wish: i pARCCLS 4 and 1fl: COMMENCING at North One-Quarter (N 114} comer of said Section 34; THENCE S 89°25'03" W, along the North line of Northeast One-Quarter (NE 114) of said SeC.ion a distance of +84.37 feat; ' r, .. r r~ Page3of5 October 27,2000 '"" ° "~^ ?49065_8-001-1003X WaLEGALSt199065W ewzonelZone.R-S.wpd ~~B Group. ,~ THENCE S DO°34'57" E, 30.00 feet to the POINT OF BEGINNING; THENCE South, 540,86 feet; THENCE S 09°13'19" W, 294.77 feet to a point on the arc of anon-tangent curve concave to the East. a radial Gne of said curve through said point having a bearing of N 81 °2705" W; THf?NCE Southeasterly along the arc of said curve, to the left, having a radius of 1,565.00 feet and a central angle 52°27'2T' foran arc distance of 1,432.84 feet to a point on the arc of anon-tangent curve concave to-the Southeast, a radial line of said wive through said point having a bearing of N 32°28'55" W; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 480.00 feet and a central angle 40°17'20' for an arc distance of 337.52 feet to a point on the arc of a non-tangent drive concave to the Northeast, a radial line of said curve through said point having a bearing of S 38°06'58" W; THENCE Northwesterly along the arc of sa(d curve, to the right, having a radius of ~ 1,335.00 feet and a cerrtral angle of 20°28'56" for an arc distance of 477.24 feet to a point of reverse arrvature of a tangent curve concave to the Southwest; ~ THENCE Nortftwesteriy a(vng the arc of said curve, to the left, having a radius of 595.00 feet and a central angle of 43°31'06" for an arc distance of 451.92 feet to a point of reverse curvature of a tangent trove concave to the Northeast; -- THENCE Northwesterly along the arc of said curve, to the right, having a radius of i, i 15.00 feet and a centrat angle 55°18'37'for an arc distance of 1,076.36 feet to a point on the arc of anon-tangent curve concave to the Southeast, a radaa! line of said curve through said point having a bearing of N 33°25'21' W; THENCE Northeasieriy along the arc of said curve, to the right, having a radius of ] ,700.00 feet and a central angle of 15°3527" for an arc distance of 462.59 feet to a non-tangent line; THENCE N ]7°49'54" W, 430.58 feet; THENCE North, 471.66 feet; ?age 4 of 5 1 s: :~ :~ October 27,2000 ,,,, a ~~~ ~ gg065-B-001-1003X W:ILEGALS1199065W ewzonelZone.R-8.wpd ~~B Group ,.,~ THENCE N 89°25'06" E, 972.64 feet to the POINT OF BEGINNJNG. Containing 44.76 acres, more or less. PAfZCEL18: BEGINNING at the East One-Quarter {E i/4) comer of said Section 34; THENCE S 00°30'12" E, along the East tine of the Southeast One-Quarter (SE i/4) a distance of 153.fi2 feet: THt:NC1= N 84°46'08" W, 46924 feet; THENGE N 80°3T04" W, 806.40 feet to a point on the arc of a nan-tangent a.rrve concave to the West, a radial line of said curve through said point having a bearing of S 75°09'25" E, , THENCE Northerly along the arc of said CuNe, to the left, having a radius of 1,250.00 feet and a central angle of 14°50'35" far an arc distance of 323.82 feet to a point of tangenc}r, THENCE Narth,133.99 feet; THENCE S 87°15'48" E, 1,217.56 feet to the East line of the Northeast One-Quarter {Nc i/4) of said Section; THENCE S 00°30'13" F, 416.71 feet to the POINT OF BEGINNJNG. Containing 14.82 acres move or less. Prepared by. D T~: W!_B GRCUP, lNC. ~ ~~ ,r ~ ~ Jack A. Buchanan RLS JAB.~eg 0 L'• { 5..; Pa4e 5 of 5 : f '~. October 27, 2000 WLB No.199065-B-001-1003X. W:ILEGALS1199065WewzonelZone. R-16.wpd T~B U~roup M LEGAL DESCRIPTION GLAI7QEN FARMS ZQNE R-16 PARCELS 7 and 13 A portion of Sections 33 and 34, Township 1 i South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, desa~ibed as follows: BEGINNING at the Southeast comer of the East One-Half (E 1/2) of the Northeast One- Quarter (NE 1/4} of said Section 33; THENCE S 89°1TST' W, 1,321.05 feet; THENCE N 00.3422" W, 2,610.04 feet to a point on a fine which is 30.00 feet southerly of the North line of said Section 33; THENCE N 89°20'24" E, along said North line a distance of 125.00 feet; THENCE S 00°34'22" E, 66.96 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Southeasterly along the arc of said curve, tv the left, having a ra~ius o. 2.500.00 feet and a central angle of 60°39'01" for an arc distance of 2,646.37 feet to a non-tangent fine; THENGE 5 07°05'20" W, 364.48 feet; THENCE S 89°27'31" W, 30.00 feet to the POINT OF BFGINNlNG. Contarning 35.37 2cres, more or less. Prepared by: , R o G~5 of `£ ~ H~ WL.9 GROUP, INC. ~ t Jack A Buchanan, RlS JAB:;sg i i Page ~ of 1 October 27, 2000 WLB No,199065-8-001-1003X WaLEGALS1199065W ew-conelZone.VC.wpd T~g ~oup LEGAL DESCRIPTION GLADDEN FARMS 20NE VC PARCELS T4 and 23 A portion of Section 34, Township 11 South, Range 11 East, Gifa and Salt River Meridian, Pima County, Arizona, described as follows: PARCEL Z3: COMMENCING at the Southeast comer of said Section 34; THENGE N 00°30'12" W. along the East tine of the Southeast One-Quarter (SE 1/4) of said Section a distance of 1,078.56 feet; THENCE N 78°44'03" W, 652.19 feet; THENCE N 62°51'29" W, 737.37 feet to the POINT OF BEGINNING; ' THENCE 5 37.34'08" W, 1012.46 feet to a point on the arc of anon-tangent curve concave to the Northeast, a radial line of said curve through said poirrt having a bearing of S 34 °OT12' Vy; THENCE Northwesterly along the arc of said curve, to the right, having a radius of 4,000.00 feel and a central angle 13°53'38" for an arc distance of 969.98 feet to a point on the i arc of a non-tangerrt curve concave to the Southeast, a radial Gne of said curve Through said pcint having a bearing of N 50°3536" W; THENGE Northeasterly along the arc of said curve, To the right, haying a radius of 1,500.00 feet and a central angle of 29°16'i5" for an arc distance of 766.31 feet to a point of reverse curvature of a tangent curve concave to the Norihvrest; THENCE Northeasterly along the arc of said curve, to the left, having a radius of 7 ,250.00 feel and a cents) angle of 13°25'33" for an arc distance of 292.90 feet to a non-tangent line: THENCE S 48°50'07" E, 631.40 feet to the POINT OF BEGINNING. Cor7taining 19.87 acres more or tess. Page 1 of 2 i ~, s - .-~~ October 27, 2000 WLB No.199065-8-001-1003X W:ILEGALS119906sNewzonelZone. VC.wpd T~B Group ,~ Together with: PARCEL 14: COMMENCING at the West One-Quarter (W 1/4) comer of said Section 34; THENCE N 89°2T31" E, along the East-West midsection tine a distance of 30,00 feet to the POINT OF BEGINNING; THENCE N 07°05'26" E, 364.48 feet to a point on the arc of anon-tangent verve concave to the Noah, a radial tine of said curve through said point having a bearing of S 28°4537" W; 7HENCt: Easterly along the arc of said curve, to the left, having a radius of 2,500,00 feet and a cer7trai angle 4f 15°40'b3" for an arc distance of 68423 feet to a point of tangency; TNt;NCE S 76°54'16" E, 79.19 feet to a point of curvature of a tangent curve concave to the South; THENGE Easterly along the arc of said curve, to the right, having a radius of 2,800.00 feet and a cents) angle of 14°59'53" for an arc distance of 732.94 feet to anon-tangent fine; THENCE S 27°31'24" W, 888.20 feet' THENGE N 68°14'29" W, 1,107.05 feet: THEiJCE N 00°30'16" W, 53¢.38 feet to the POINT OF BEGfNNtNG. Containing 26.14 acres more or tess- Prepared by_ 7'r?E VIR.B GROUP, 1NC. Jack A. Bucl;anan, RLS JaB.~~s Page 2 of 2 r. a~ October 27, 2D00 WLB No.199065-B-Q01-1003X W:ILEGA LS1199065Wewzone~Zone.OS.vipd T~g ~zroup me LEGAL DESCRIPTION GLADDEN FARMS 20NE-GPEN SPACE PARCEL 30 That portion of Section 34, TowrlShip 11 South, Range 11 East, Gita and Salt River Meridian, Pima Cvunty, Arizona, described as follows: PARCEL 30: COMMENCING at the Northeast comer of said Section: THENCE 5 89°25'03" W, along the North tine of said Northeast One-Quarter. (NE 1/4) a distance of ~ 196.96 feet; THENCE S 00°34'ST' E, 30.00 feet to the South right-of-vray line of Moore Road to the POINT OF BEGWNiNG; THENCE South, 1,837.99 feetto a poirn on the arc of a rton-t8ngerY carve concave 10 the South, a radial line of said curve through said point having a bearing of N 09°35'32" E; THENCE Westerly along the arc of said curve, to the left, having a radius of 500.00 feet and a central angle of 36 °4T17° for an arc disan~ of 321.04 feat to a point of tangency; THENCE S 62°48'15" W, 749.24 feat to a point of curvature of a tangent curve concave to the Southeast; tHENCE Southwesterly along the arc of said curve, to the left, having a radius of 525.00 feet and a central angle of 74°48'06" for ar? arz: distance of 685.41 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said cunJe, to the right, having a radius of 2,1 °5.00 feet and a central angle of 12°4T11" for an are distance of 489.84 feet to a point of reverse curvature of a tangent curve concave to the East; THENCE Southerly along the arc of said Curve, to the left having a radius of 560.D0 feet and a central angle of 33 ° 14'42° for an arm distance of 324.93 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 N 35°1T34" W; Rage 1 of 3 i .f 0 _y .~ :; October 27, 2000 WLB No.199065-B-001-1003X W:ILEGALS\199065WewzonelZane.05.wpd T~g U~roup. 7H1=NCE Southwesterly along the arc of said curve, to the left, having a radius of 1500.00 feet and a central angle 15°18'03" for an arc distance of 400.57 feet fo a point on the arc of anon-tangent curve concave to the Northeast, a radial tine of said curve through said point having a bearing of S 48°00'50" W i'HENCE Northwesterly along the arc of said curve, to the right, having a radius of 4,000.00 feet and a central angle of Of •00'10" for an are distance of 70.00 feet to a point of tangency; ' THENCE N 40°59'00" W, 409.79 feet to a point on the art of a non-tangent curve concave to the West, a radial Line of said curve through said point having a bearing of S 54°46'52" E; THENCE Northerly along the arc of said curve, to the Jeft, having a radius of 1,380.00. feet and a central angle of 39°35'42" for an arc distance of 953.67 feet to anon-tangent line; THENCE N 00°15'32" W, 68.93 feet to a point on the arc of anon-tangent curve concave to the Northeast, a radial tine of said curve through said pairK having a bearing of S 36°03'01" W; THENCE Northwesterly along the arc of said curve, to the right, having a radius of 1,435.00 feet and a central angle of 22°32'53" for an arc distance of 564.73 feet to a point of reverse curvature of a tangent curve concave to the Southwest THENCE Northwesterly along the arc of said curve, to the left, having a radius of 495.00 feet and a central angle of 43°31'06" for an arc distance of 375.97 feet to a point of reverse curvature of a tangent asrve concave to the Northeast; THENCE Northwesterly along the arc of said curve, to the right, having a radius of 1.215.00 feet and a central angle 54°00'06" for an arc distance of 1,146.14 feet to a point on the arc of a non-tangent curve concave tome Southeast, a radial fine of said curve through said point having a beanng of N 36°54'3T' W; THENCE Nor'~heasteriy along the arc of said curve. fo the right, having a radius of 1 70C 00 feet and a central angle 03°29'1 T' for an arc distance of 103,49 feet to a point on t'~e arc of anon-tangent curve concave to the Northeast, a radial fine of said a:,ve through said point having a bearing of 5 70°23'26" W; Page 2 of 3 :~, ~. ~f October 27, 2000 WLB No.199065-8-001-1003X W:ILEGALS1199065W ewzonelzone, OS.wpd }T~B Group ,M THENCE Southeasterly along the arc of said curve, to the {eft, having a radius of 1 115 00 feet and a central angle of 55° 18'37" for an arc distance of 1,076.36 feet to a point of reverse curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said curve, to the right, having a radius of 595.00 feet and a cents( angle of 43°31'06" for an arc distance of 451.92 feet to a point of reverse curvature of a tangent curve concave to the Northeast; THENCE Southeasterly along the arc of said curve, to the left, having a radius of 1,335.00 feet and a cents[ angle 20'28'56" for an arc distance of 477.24 feet to a point on the arc of anon-tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of N 72°46'15" W; THENCE Northeasterly along the arc of said curve, to the nght, having a radius of 460.00 feet and a central angle 64°3509" for an arc distance of 541.21 feet to a point on the arc of a non tangent curve concave to the North, a radial line of said curve LSrough said point having a bearing of S 05°52'59" E; THENCE Easterly along the arc of said curve, to the left, having a radius of 297.96 feet and a central angle of 19° 18'4T' for an arc distance of 100.43 feet to a point of tangency; THENCE N 64°49'14" E, 450.92 feet to a point of curvature of a tangerrt curve concave to the Northwest; THENCE Northeasterly along the arc of said curve, io the left, havinc a radius of 550.00 feet and a central angle of 64°48'14" for an arc distance of 622.07 feet to a paint of tangency; THENCE North, 1,377,22 feet; THENCE N 88.25'12" E, 245.01 feet to the PO[NT OF 6l;GINN[NG. Containing 30.36 acres more or Less. Prepared bY~ ~ <~ .•• ~c WLB GROUP, lNC. C~ tz~`v~ JACK ~l 3,uC-tANAtt Jack A. 9uchanan, f2LS JAE:teg Page 3 of 3 .t i 1 T~B ~roup tx PARCELS 2s, 27, 28 and 29: October 27, 2000 WLB No.199065-B-001-1003X W:ILEGALSt199065 WewzonelZone.Park-River.wpd LEGAL DESCRIPTION GLADDEN FARMS ZpNES PARK AND RIVER PARCELS 26, 27, 28 and 29 That portion the South One-Naff (S 1/2) of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows; BEGINNING at the Southeast comer of said Section 34; THENCE S 89°22'30" W, along the South line of the Southeast On~Quarter (SE 1/4) of said Section 34 a distance of 2,636.08 feet to the $quth One-Quarter (S 1/4) comer of said Sermon, THENCE S 89°22'14" W, along the South line of the Southwest One-Quarter (SW 114) a distance of 2605.75 feet; THENCE N 00°30'16" W, 2,119.28 feet; THENCE S 68°14'29" E, 1,107.05 feet; THENCE S 68°36'07" E, 932.21 feet; THENCE N 36°48'43° E, 591.80 feet; THENCE S 40'6500" E, 473.86 feet to a point of curvature of a tangent curve concave to gh® Northeast; THENCE Sau`~heasteriy along the arc of said curve, to the Left, having a radius of 4,000.00 feet and a central angle of 02° 12'02" for an arc distance of 153.63 feet to a non-tangent I~ne; :i THENCE S 40°5$'44" W, 740.96 feet; I THENCE S 49`04'16" E, 744.07 feet to a pain; of c:zrvature of a tangent curve canc.2ve tc tie North; - THENCE Easterly along t,5e arc of said arrve, to the ;eta, having a radius of 200.00 feet ~ and a central angle of 41 °33'14" for an arc distance of 145.05 feet to a point of tangency; Page : of 2 October 27, 2000 WLB No.199065-8-001-1003X W:ILEGALS1199065W ewzonelZone.Park-Riverwpd T~ Group THENCE N 89.22'30" E, 1,340.60 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 S 20.18'14" W: THENGE Easterly along the arc of said curve, to the left, having a radius of 1,800.00 #eet and a central angle of ~°55'44" for art arc distance of 657.SD feet to a point of tangency; THENCE N 89°Z2'30" E, 400.00 feet; THENCE S 00°72'53" E, 125.00 feet to the POINT OF BEGINNING. Containing 109.83 acres more or less. Prepared by: ~ 4 ~ i- y` JACK I. BlJ CiiAMA7i 0 JeCk A. Buchanan, RLS '~i~~~"t Page 2 of 2 i +"~ L _j i r t Odober27, 2000 WLB No.199065-B-OOi-1003X W:U.EGAI. 511990651NewzonelZon e.R-7.wpd Tf~~~ ~roup~ LEGAL DESCRIPTION GLADDEN FAE2MS ZONE R-7 PARCEi.S 3 'f2, 16, 17, 20, and 72 A portion of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as fo8ows: PARCEL 22: COMMI=LACING et ttte Southeast comer of said Section 34; THENCE N 00°22'53" W, along the East fine of the Southeast One-Quarter (SE 114) of said Section 34, 125.00 feet to the POINT OF BEGINNING; THENCE S 89°22'30" W, 400.00 feet to a point Of curvafune of a tangent curve concave to the North; THENCE Westerly along the arc of said curve, to the right, having a radius of 1,800.00 feet and a centre! angle of 17°51'33" for an arc distance of 561.07 feet to anon-tangent fine; THENGE N 16°52'14" E, 7,049.76 feet; THENCE S 78°44'03" E, to a point on said East fine a distance of E52.i9 feet; THENC>= S 00°31'09" E, along said East tine a distance of 953.513 feet to the POINT Oc= BEGINNING; Containing 18.83 acres more or Less. Together with: PARCEL 16 COMMI=LACING ai the West One-0uat:er {W 1/4) comer of said Sedan 34; THENCc N 89°28'31" E, along the East-West midsection line 1,4~„ 3' .79 feet to the POINT OF >9EGtNN1NG; Page t of 5 .~ 3 r r October 27, 2000 WLB No.199065-B-001-1003X W:ILEGAlS1199065 W ewzonelZone. R-7.wp d T~~ Croup ~~ THENCE S 00°3T15" E, 30.00 feet tc the South right-of--way line of Moore Road; THENCE N 89°2506" E, along said right-of way (ine a distance of 539.83 feet to the POINT OF BEGINNING: THENCE N 89°25'os" E, 938.16 feet: THENC>: South, 471.66 feet; . THENCE S 17°49'54" E, 430.58 feet to a point on the arc of anon-tangent curve concave io the Southeast, a radial line of said curve through said point having a bearing of N 17°49'54" W; THENCE Sauthwesterfy along the arc of said a~rve, to the left, having a radius of 1,700.OD fee! and a central angle of 26°31'07" for an arc distance of 786.82 feet to a point of compound curvature of a tangent Curve concave to the Southeast; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1,642.00 feet and a cents( angle of 02°10'36" for an 2tc distance of 62.38 feet tv anon-tangerrt tine, THENCE N 48°31'36" W, 364.22 feet; THENCE N 05°01'55" W, 1,072.71 feet to the POINT OF BEGINNING; Containing 23.70 acres more or less. PARCELS 12,17 and 20' COMMENCING at file East One-Quarter (E 114} comer of said SeLiicn 34; THENCE S 00°30'12" E, along the Fast line of the Southeast One-{quarter (SE 114) of said Section (ine a distance of 153.62 feet to the POINT OF BEGINNING; THENC): S 00°30'12" E, 682.94 feet: THENCc N 81'22'29" W, 434.54 feet: Page 3 of 5 i f '-3 ~~ October 27, 2000 WL8 No.199065-$-001-1003X W:ILEGALS11990651NewzonelZone.R-7.wpd T~B ~roup °~ THENCE N 26°22'14" E, 837.60 feet to a point on the acc of anon-tangent curve concave to the North. a radia{ line of said curve through said point having a bearing of S 18°20'07" W Tt-{ENCE Easterly along the arc of said curve, to the left, having a radius of 1,215.OJ feet and a central angle of 03°15'18" for an arc distance of 69.02 feet to a point of reverse curvature of a tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said curve, to the tight, having a radius of 495.00 feet and a central angle of 43°31'OG for an arc distance of 375.97 feet to a point of reverse curvature of a tangent curve concave to the Northeast; THENCE Southeasterly along the arc of said curve, to the left, having a radius of 1,435 00 feet and a central angle of 22.32'53" for an arc distance of 564.73 feet to a non-tangent line; THENCE 500' 15'32" E, 68.93 feet to a point on the arc of anor}-tangent curve concave to the West, a radial tine of said curve through said point having a bearing of N 85°37'26" E THENCE Southerly along the arc of said r~rve, to the right, having a radius of 1,380.00 feet and a cerriral angle of 39°3542" for an arc distance of 953.67 feet to anon-tangent tine: THENCE N 40°59'00" W, 90.21 feet to a point of curvature of a tangent curve gn~ve to the Southwest; -- THENCE Northwesterly along the arc of said curve, to the left, having a rad:us of 2,800.00 feet and a central angle of 22°38'46" for an arc distance of 1,105.69 feet to a - non tangent line, _. THENCE N 26°22'14" E, 146.94 feet to the PO[NT OF BEGINNING: Containing 24.17 acres more or less. PARCEL 3: COMMENCING at the Northwest comer of said Section .54: ?age2of5 s _j ~s October 27, 2000 wire No.199065-&001-1003X W:IL GALS1199065WevrzonelZone.R-7.wpd T~~ ~O°P~ THENCE N 7i'4T33" W, 1,058.49 feet to a point on the arc of anon-tangent curve concave to the Northwest. a radial line of said curve through said point having a bearing of S 51°49'54" rr; THENCE Northeasterly along the arc of said curve, to the (eft, having a radius of 1,250.00 feet and a central angle of 04°56'31" for an arc distance of 107.82 feet to a non-tangent line; THENCE N 58°1573" W, 1,106.99 feet to a point on the arc of anon-tangent carve concave to the Southeast, a radial line of said curve through said point having a bearing of N 50°54'01" W; THENCE Northeasterly along the arc of said curve, to the right, having a radius of 525.00 feet and a central angle of 23°4Z'16" for an arc distance of 217.20 feet to a polrrt of tangency; THENCE N 62°48'15" E a distance of 749.24 feet to a point of curvature of a tangent curve concave to the South; THENCE Easterly along the arc of said curve, to the right, having a radius of 500.00 feet and a central angle of 3ti°4Ti7" for an arc distance of 321.04 feet toanon-tangent line; THENCE North a distance of 891.t4feet; THENCE N 82°08'50" E a distance of 615.00 feet; THENCE N 89°3T25" E a distance of 597.05 feet; - - _ THENC'c S 00°30'13" c a distance of 1,127 3b feet; THI=NCE N 87° t 5'48" W a distance of 1.217.56 feet; THENCE South a distance of 133.98 feet to a point of curvature of 2 tangent wive concave to the West; -! THENCE Soulheriy along the src of said curve, to the right, having a radius of 1,250.x0 ={ feet and a central angle of 14`5D'35" for an arc distance of 323.92 feet to a non-tangerrt fine; ; THENCE S 80°3T04" E a distance of 806.4D feet: Fage 4 of 5 =~ 4aober 27, 2000 wC.6 No.199065-8-001-1003X W:\LEGALS1199065W ewzoneiZone.R-7.wpd T~tlleB ~' oup~ THI=NCE S 84'46'08" ~ a distance of 469.24 feet to the POINT OP BI;GINHING; Corrtaining 65.75 acres more or less. Prepared by: T!-IE VVl.B GROUP, INC. Jack A. BUChanan, RLS JAe:teg Page5of5 a EXHIBIT B Map ~. 3 n ~..F ~• Aiuana, Anati OCL~Cd1K= ~LOOf) ~ i ©© ~ ~ ~~ ` =i { b ~r I b ~~~ ~ ~ I ~ ~ ~I ` 7'1~ I f t~` ~~~ '' ~i~ ~ `^'~y ~v ~~ /~7~ ~ . `Y ~' ~"~ I ~~~ I ~~ i f "t 1 7 ~~. ~ ~~ ~ ~ I Q J 4 b~ O N 48 U ~(('`' n ~ ~ . b ~~ ~ ~ ~ ti ~ n ~ ~ d A v fwyj N ~ A A~ A d ~ fS Q ~ n A ~ ~' ~ $~ ~, 4~ ~ m ~~ ~ --. -a ;~? g ~~~~ ~~~~ =~~7r ' ~ :~ ~~ ~ ~ / O ~~ ,~,~; ~& ~~~ ~ .~~~' a ~i" ~. - ,~ ~ ,~,~- /~ `~ ~ ! ~~~. ,~.. 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J ~~ EXHlBiT F ,, U 0 z ~~ Q N ~\ W Z ~ O \/. ~ ~ ~ U i ¢ p~ (!7 ~ c'V ~ ~ O .-- U ~ N Z //\ •- ~~\ ~. i a '~ G7 N 00 `/R ~ ~y ~ " 00 ~ ~~/~' i~ ~ r= D ~ ~ --~ .~_ ~ a ~~ ~ v ~Q N U ~Z w~ ~Q ~ _ N C7 ~ 1 '~ W""ny ~~.tiwn~ `""4 B 014So~laar4~ Tuwrf~Ar. ~" T fw~IN~ AL t Lw \~A, ~ ~ EXHIBIT G '-~ -!1 y~~o~ y~~~E ~~~~ ~mc ~~ ~ o z ~ro ~~ br ~~ ~ xZ ~~~ r~ b ~ ~~ r ~ ~ ,. Y i Q ~~ r ~r ~b ~ t~ ::~ "\ _`~~ ~'1 4 ~`-' true u~d.,cttre`ct'~copy~cf the origi~af recar~' hi :ofirice.. b ,;~ - ~. ~,~~; `c;~%'.. GU~=~ runty R?co-rde~ in asil~ fcr_ti~e ~u;i~n'Y: = t r~ima. ~ . ``~ .~'Deput}~ .. :,:cts;~,