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HomeMy WebLinkAboutResolution 2011-018 request for election by trico for franchise renewal MARANA RESOLUTION NO. 2011-18 RELATING TO RIGHT OF WAY; APPROVING AND AUTHORIZING THE REQUEST BY TRICO ELECTRIC COOPERATIVE, INC. TO SUBMIT ITS FRANCHISE RENEWAL TO THE MARANA VOTERS AT THE GENERAL ELECTION TO BE HELD MAY 17, 2011 WHEREAS Trico Electric Cooperative, Inc. an Arizona non - profit corporation ( "Trico ") currently provides electricity to certain areas within the Town of Marana pursuant to a 25 -year franchise that was approved by Marana voters in 1985; and WHEREAS Trico wishes to renew its franchise so that it might extend its facilities and be able to provide service within the area legally described and attached as Exhibit A to the proposed franchise agreement which is attached to and incorporated by this reference in this resolution; and WHEREAS the proposed franchise area in Exhibit A would not create a conflict with the Tucson Electric Power Company who also provides electricity within the Town of Marana; and WHEREAS the Town Council has determined that the granting of a new franchise would be beneficial to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the question as to whether or not a franchise should be granted to Trico to service the area shown on Exhibit A of the franchise agreement attached to this resolution shall be presented to the qualified electors of the Town of Marana at the General Election to be held in the Town of Marana on May 17, 2011. BE IT FURTHER RESOLVED if the majority of votes cast at the General Election are in favor of granting the franchise, the Mayor shall be authorized and directed to sign the franchise agreement on the Town's behalf in the form filed and published in conjunction with the election. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. ®F �� ® - " ;'6�aieaoe►'tp ® ®� �.® A �O� CQAP0 F s Rim - °°" M Mayor Ed Honea I S EAL V 411 t ot , N lit ATTEST: ® ��� �� ®® APPROVED AS TO FORM: ?Jce ronson, Town Clerk F ank C idy, Town Att ey {00024980.DOC /} 1 BEFORE THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA 2 In the Matter of the Application of Trico 3 Electric Cooperative, Inc., an Arizona 4 nonprofit corporation, to renew its FRANCHISE Franchise to Use Public Highways, 5 Roads, Streets, Avenues, Drainageways, Alleys, Alley- Easements and other 6 Public Rights of Way and Places Now or 7 Hereafter Established, in Certain Areas Within the Town of Limits of the Town 8 of Marana, an Arizona municipal 9 corporation, 3 10 � 11 WHEREAS, Trico Electric Cooperative, Inc., an bona nonprofit corporation, was 12 granted a Franchise by the Town of Mara , an Arizona mAn r, al corporation, to use the 13 public highways, roads, streets, avenues, drainageys, alleys' and other 14 public rights of way and places in certain aeawithin own of Limits of the Town of 15 Marana, as more par a u larly s6f orth therein; which became effective April 23, 1985; and 16 Trico has made applicatipp to o Town Coun I of the Town of Marana to renew said 17 Franchise it, ft th�eas des c� m E�xlYt attached her and by this reference made a 18 part hereof; and 19 W77AS, Trico N s presc, I fited the Franchise desired to the Town Council of the 20 Town of Mar on the frd4j'i of this Franchise in accordance with law, which form of 21 Franchise has been d among the records of said Town Council; and 1, 22 WHEREAS, t said Town Council has passed a Resolution stating that said Town 23 Council deems the granting of said Franchise is beneficial to the Town of Marana and said 24 Town Council has submitted the question to the qualified electors of the Town of Marana 25 as to whether or not said Franchise shall be granted at the following regular election held in 26 the Town of Marana; and I WHEREAS, the proposed Franchise has been published in full in a newspaper of 2 general circulation in Pima County which is circulated in the Town of Marana for at least 3 thirty consecutive days prior to said election; and 4 WHEREAS, a majority of the votes cast at said election are in favor of granting said 5 Franchise; g 6 NOW, THEREFORE, the Town Council of the Town oVlararia does hereby grant 7 this Franchise to Trico Electric Cooperative, Inc., which min 1� orm of Franchise filed g with the said Town Council by Trico Electric Coo�ti, Inc , aid, in the form as so 9 published. 10 This Franchise is as follows: 11 Trico Electric Cooperative, Inc., an Arizona nondf t corporation, is hereby granted 12 a franchise to own, control, manage,- e construct, i ftll remove, operate, repair, 13 replace and maintain poles, pipes, wire, ,"ductors, cables, conduits, towers, 14 transformers, facilities, ,- 4gerground facilities, ducts, services, structures, 15 appliances, equipmept, distrib ttpn and transmission system or systems and service in, 16 upon, along, under, ova, and a &oss all of the public highways, roads, streets, avenues, 17 drainageway alleys, alley�emehtIublic roadways or places now or hereafter 18 establish "d situate wi tjl , the ar f the town limits of the Town of Marana an Arizona 19 municipa orporation, d Jbed in ]Ehibit "A" attached hereto and by this reference made 20 apart hereof, ; for the distbution, transmission, furnishing and sale of electricity for 21 domestic, residers* irrmgotion, mining, industrial, commercial, business and municipal 22 uses and for any and Pother purposes for which electricity may now or may hereafter be 23 used, to any and all individual persons, firms, associations, corporations and other entities, 24 both private and public, and to municipalities and governmental departments, districts and 25 agencies, Federal and State, who are consumers of Trico Electric Cooperative, Inc., in said 26 Town of Marana. 2 I All rights hereunder are granted under the express condition that the Town Council 2 of said Town of Marana shall have the power at any time to impose such restrictions and 3 limitations, and to make such regulations as to the use of said highways, roads, streets, 4 alleys and other public rights of way and places by Trico Electric Cooperative, Inc., as may 5 be deemed best for the public safety or welfare, and not inconsistent with law or the orders 6 or rules and regulations of the Arizona Corporation Commissipo,0he rights of the Town of 7 Marana in and to the use of said highways, roads, streets eysd other public rights of g way and places shall forever be paramount and suteor the rt ght� of Trico Electric 9 Cooperative, Inc. 10 The said Trico Electric Cooperative, Inc , �t beat' expenses mad; or incurred 11 for the purpose of this Franchise, including damage ensation for any alteration of 12 the direction, surface, grade or alignnid any of the of aid highways, roads, streets, 13 alleys and other public rights of way and `place 14 The expense of lowe electric lines,tpes or other installations of Trico Electric 15 Cooperative Inc., or changing the locations of installations of Trico Electric Cooperative, y by changes in tl direction, surface, grade or alignment of 16 Inc., made reasonably itessar 17 said highwa roads, stret alleys Arty �er public rights of way and places shall be 18 borne rico Elect ric Cooper�e, Inc., unless otherwise provided by law. 19 _.Franchise afWthe rights and privileges granted herein shall be salable, 20 assignable an °transferable by Trico Electric Cooperative, Inc., but no sale, assignment or 21 transfer, in whole m pert, of any of the rights and privileges granted herein shall be 22 effective as against t own of Marana until notice of the same in writing has been given 23 the Town Council of the Town of Marana. 24 This Franchise and the privileges granted herein shall not be exclusive, and the 25 Town of Marana expressly reserves the right to grant from time to time similar franchises 26 3 I and privileges over the same highways, roads, streets, alleys and other public rights of way 2 and places, or any thereof, to any other persons, firms or corporations. 3 This Franchise shall not be effective for any purpose until the acceptance of Trico 4 Electric Cooperative, Inc., is endorsed hereon in writing, provided that, after any sale, 5 assignment or transfer of rights of Trico Electric Cooperative, I'c., hereunder, the said 6 Trico Electric Cooperative, Inc., shall not be obligated under tlerms hereof. A 7 Anything in this Franchise to the contrary notwith ndib Whis Franchise shall be 8 for a period of twenty -five years only from the date h f ,, 9 IN WITNESS WHEREOF, the Town Council of the Town of �� an Arizona 10 municipal corporation, has granted this Franchise any in the ,do of France filed with 11 the said Town Council by Trico Electric Cooperative, and published as aforesaid and 12 has caused these presents to be executy signed by the mayor of the Town of Marana 13 and attested by the Clerk and the seal of 4f Marana axed hereto this day 14 of „011. 15 AWN OF MARANA, an Arizona 16 SEAL cipal corporation r 17 18 By 19 ATTEST Mayor v�. 20 21 Clerk 22 23 24 25 26 4 I TRICO ELECTRIC COOPERATIVE, INC., does hereby accept the within and 2 foregoing Franchise this day of , 2011. 3 TRICO ELECTRIC COOPERATIVE, INC., 4 an Arizona nonprofit corporation 5 By Its President 6 CORPORATE SEAL 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 F 23 24 25 26 5 EXHIBIT "A" The following described real property lying within the Town Limits of the Town of Marana (all Sections and Townships and Ranges are in reference to the Gila and Salt River and Meridian and are in Pima County and Pinal County, Arizona [Townships being designated as "T" and Ranges designated as "R "] ): TOWNSHIP 10 SOUTH, RANGE 11 EAST The South half of Section 31 lying within the Town Limits of the Town of Marana TOWNSHIP 11 SOUTH, RANGE 10 EAST All of Section 1 The West 660 feet of the Northwest Quarter of Section 12 The Southwest Quarter of Section 13 The Southeast Quarter of the Southeast Quarter of Section 14 All of Section 23, Except the South 1320 feet thereof All of that portion of the Southeast Quarter of Section 24, lying within the Town Limits of the Town of Marana and South of the following described line: COMMENCING at the North Quarter corner of said Section 24; Thence South and parallel with the West Boundary of said Section 24 to a point 2,525 feet South and 2,755 feet East of the Northwest corner of said Section 24, which point is the TRUE POINT OF BEGINNING; Thence East and parallel with the South boundary of said Section 24 to a point on the East boundary of said Section 24 which is common with a point on the West boundary of Section 19, T 11 S, R 11 E, said point being 3,238 feet South of the Northwest corner of said Section 19. TOWNSHIP 11 SOUTH, RANGE 11 EAST All of Sections 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 23, 24, 25, and 32. All those portions of Sections 7, 8, 16, 17, 21, 22, 26, 27, and 36 lying within the Town Limits of the Town of Marana and North and East of the East right -of -way boundary of the Southern Pacific Railroad. That portion of Section 19, lying within the Town Limits of the Town of Marana, described as follows: BEGINNING at a point on the West boundary of said Section 19, said point being 3,238 feet South of the Northwest corner of said Section 19; Thence East and parallel with the South boundary of said Section 19 to a point 3,238 feet South of and 660 feet West of the Northeast corner of said Section 19; Thence South and parallel to the East boundary of said Section 19 to a point on the South boundary of said Section 19; Thence West along the South boundary of said Section 19 to the Southwest corner of said Section 19; Thence North along the West boundary of said Section 19 to the POINT OF BEGINNING. That portion of Section 30 lying within the Town Limits of the Town of Marana The East half of Section 31. All of Section 33 except the following described property: BEGINNING at the Northeast corner of said Section 33; thence South 00 degrees 34 minutes 43 seconds East, upon the East line of said Section 33, a distance of 1308.16 feet; Thence leaving said East line, North 60 degrees 42 minutes 14 seconds West, 247.32 feet; Thence North 00 degrees 00 minutes 00 seconds West, 1184.74 feet to a point on the North line of said Section 33; Thence North 89 degrees 20 minutes 24 seconds East, upon the North line of said Section 33, a distance of 202.49 feet to the POINT OF BEGINNING. That portion of Section 34 lying Southerly of the following described line: BEGINNING at the Southeast corner of said Section 34; thence North 00 degrees 30 minutes 12 seconds West, upon the East line of said Section 34, a distance of 978.56 feet; Thence leaving said East line North 78 degrees 44 minutes 03 seconds West, 652.10 feet; Thence North 62 degrees 51 minutes 29 seconds West, 737.37 feet; Thence North 48 degrees 50 minutes 07 seconds West, 631.39 feet to the centerline of Lon Adams Road and the beginning of a non - tangent curve concave to the Northwest, having a radius of 1250.00 feet through which a radial line bears South 34 degrees 44 minutes 54 seconds East; Thence Northeasterly 480.52 feet along said centerline curve through a central angle of 22 degrees 01 minutes 32 seconds to a point through which a radial line bears South 56 degrees 46 minutes 25 seconds East; thence North 60 degrees 51 minutes 54 seconds West, 480.21 feet; Thence North 56 degrees 15 minutes 22 seconds West, 627.66 feet; thence South 69 degrees 21 minutes 49 seconds West, 341.91 feet to the beginning of a non- tangent curve concave to the Northeast, having a radius of 1385.00 feet through which a radial line bears South 37 degrees 02 minutes 29 seconds West; Thence Northwesterly 52 1. 10 feet along said curve through a central angle of 21 degrees 33 minutes 26 seconds to the beginning of a reverse curve concave to the Southwest, having a radius of 545.00 feet; thence Northwesterly 413.95 feet along said curve through a central angle of 43 degrees 31 minutes 06 seconds to the beginning of a reverse curve concave to the Northeast, having a radius of 1165.00 feet; Thence Northwesterly 1107.60 feet along said curve through a central angle of 54 degrees 28 minutes 22 seconds to the centerline of Gladden Farms Drive, being a point of cusp with a non - tangent curve concave to the Southeast, having a radius of 1700.00 feet through which a radial line bears North 35 degrees 18 minutes 21 seconds West; Thence Southeasterly 738.54 feet along said centerline curve through a central angle of 24 degrees 53 minutes 29 seconds to a point through which a radial line bears North 60 degrees 11 minutes 50 seconds West; Thence North 60 degrees 42 minutes 14 seconds West, 742.07 feet to apoint on the West line of said Section 34, said point bears South 00 degrees 34 minutes 43 seconds East, 1308.16 feet from the Northwest corner of said Section 34. TOWNSHIP 11 SOUTH, RANGE 12 EAST All of Sections 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36. The South half of the Northwest Quarter and the Southwest Quarter of Section 3; The North half of the Northeast Quarter and the West half of Section 9; The South half of the Northeast Quarter and the South half of the Southwest Quarter and the Southeast Quarter of Section 10. TOWNSHIP 11 SOUTH, RANGE 13 EAST The South half of Section 7; Those portions of Sections 8, 17, 20, 29 and 32 lying within the Town Limits of the Town of Marana. All of Sections 18, 19, 30 and 31. TOWNSHIP 12 SOUTH, RANGE 11 EAST All of Sections 3, 4, 5, 6, 9, 10, 15, 16 and 21. The North half of Sections 7, 8 The North half and the North half of the South half of Section 22. TOWNSHIP 12 SOUTH, RANGE 12 EAST All of Sections 1, 2, 3, and 10 Those portions of Sections 4, 5, 6, and 9 lying within Trico's Certificates of Convenience and Necessity lying within the Town Limits of the Town of Marana. Those portions of Sections 15 and 16 lying within the Town Limits of the Town of Marana and North and East of the East right -of -way boundary of the Southern Pacific Railroad. Those portions of Sections 11 and 12 lying within the Town Limits of the Town of Marana. TOWNSHIP 12 SOUTH, RANGE 13 EAST All of Section 6. The North half of the Northwest quarter of the Northwest Quarter of Section 7. TOGETHER WITH that portion of the areas of Trico's Certificates of Convenience and Necessity lying within the Town Limits of the Town of Marana as they are expanded from time to time. I BEFORE THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA 2 In the Matter of the Application of Trico 3 Electric Cooperative, Inc., an Arizona 4 nonprofit corporation, to renew its FRANCHISE Franchise to Use Public Highways, 5 Roads, Streets, Avenues, Drainageways, Alleys, Alley- Easements and other 6 Public Rights of Way and Places Now or 7 Hereafter Established, in Certain Areas Within the Town of Limits of the Town 8 of Marana, an Arizona municipal 9 corporation, 10 11 WHEREAS, Trico Electric Cooperative, Inc., an Arizona nonprofit corporation, was 12 granted a Franchise by the Town of Marana, an Arizona municipal corporation, to use the 13 public highways, roads, streets, avenues, drainageways, alleys, alley- easements and other 14 public rights of way and places in certain areas within the Town of Limits of the Town of 15 Marana, as more particularly set forth therein, which became effective April 23, 1985; and 16 Trico has made application to the Town Council of the Town of Marana to renew said 17 Franchise in the areas described in Exhibit A attached hereto and by this reference made a 18 part hereof; and 19 WHEREAS, Trico has presented the Franchise desired to the Town Council of the 20 Town of Marana on the form of this Franchise in accordance with law, which form of 21 Franchise has been filed among the records of said Town Council; and 22 WHEREAS, the said Town Council has passed a Resolution stating that said Town 23 Council deems the granting of said Franchise is beneficial to the Town of Marana and said 24 Town Council has submitted the question to the qualified electors of the Town of Marana 25 as to whether or not said Franchise shall be granted at the following regular election held in 26 the Town of Marana; and I WHEREAS, the proposed Franchise has been published in full in a newspaper of 2 general circulation in Pima County which is circulated in the Town of Marana for at least 3 thirty consecutive days prior to said election; and 4 WHEREAS, a majority of the votes cast at said election are in favor of granting said 5 Franchise; 6 NOW, THEREFORE, the Town Council of the Town o£ Marana does hereby grant 7 this Franchise to Trico Electric Cooperative, Inc., which is in the form of Franchise filed 8 with the said Town Council by Trico Electric Cooperative, Inc., and in the form as so 9 published. 10 This Franchise is as follows: 11 Trico Electric Cooperative, Inc., an Arizona nonprofit corporation, is hereby granted 12 a franchise to own, control, manage, place, construct, install, remove, operate, repair, 13 replace and maintain poles, pipes, wires, conductors, cables, conduits, towers, 14 transformers, facilities, underground facilities, fixtures, ducts, services, structures, 15 appliances, equipment, distribution and transmission system or systems and service in, 16 upon, along, under, over and across all of the public highways, roads, streets, avenues, 17 drainageways, alleys, alley- easements and public roadways or places now or hereafter 18 established situate within the area of the town limits of the Town of Marana, an Arizona 19 municipal corporation, described in Exhibit "A" attached hereto and by this reference made 20 a part hereof, for the distribution, transmission, furnishing and sale of electricity for 21 domestic, residential, irrigation, mining, industrial, commercial, business and municipal 22 uses and for any and all other purposes for which electricity may now or may hereafter be 23 used, to any and all individual persons, firms, associations, corporations and other entities, 24 both private and public, and to municipalities and governmental departments, districts and 25 agencies, Federal and State, who are consumers of Trico Electric Cooperative, Inc., in said 26 Town of Marana. 2 I All rights hereunder are granted under the express condition that the Town Council 2 of said Town of Marana shall have the power at any time to impose such restrictions and 3 limitations, and to make such regulations as to the use of said highways, roads, streets, 4 alleys and other public rights of way and places by Trico Electric Cooperative, Inc., as may 5 be deemed best for the public safety or welfare, and not inconsistent with law or the orders 6 or rules and regulations of the Arizona Corporation Commission. The rights of the Town of 7 Marana in and to the use of said highways, roads, streets, alleys and other public rights of g way and places shall forever be paramount and superior to the rights of Trico Electric 9 Cooperative, Inc. 10 The said Trico Electric Cooperative, Inc:, shall bear all expenses made or incurred 11 for the purpose of this Franchise, including damage and compensation for any alteration of 12 the direction, surface, grade or alignment of any of the aforesaid highways, roads, streets, 13 alleys and other public rights of way and places. 14 The expense of lowering electric lines, pipes or other installations of Trico Electric 15 Cooperative Inc., or changing the locations of installations of Trico Electric Cooperative, 16 Inc., made reasonably necessary by changes in the direction, surface, grade or alignment of 17 said highways, roads, streets, alleys and other public rights of way and places shall be 18 borne by Trico Electric Cooperative, Inc., unless otherwise provided by law. 19 This Franchise and the rights and privileges granted herein shall be salable, 20 assignable and transferable by Trico Electric Cooperative, Inc., but no sale, assignment or 21 transfer, in whole or in part, of any of the rights and privileges granted herein shall be 22 effective as against the Town of Marana until notice of the same in writing has been given 23 the Town Council of the Town of Marana. 24 This Franchise and the privileges granted herein shall not be exclusive, and the 25 Town of Marana expressly reserves the right to grant from time to time similar franchises 26 3 I and privileges over the same highways, roads, streets, alleys and other public rights of way 2 and places, or any thereof, to any other persons, firms or corporations. 3 This Franchise shall not be effective for any purpose until the acceptance of Trico 4 Electric Cooperative, Inc., is endorsed hereon in writing, provided that, after any sale, 5 assignment or transfer of rights of Trico Electric Cooperative, Inc., hereunder, the said 6 Trico Electric Cooperative, Inc., shall not be obligated under the terms hereof. 7 Anything in this Franchise to the contrary notwithstanding, this Franchise shall be 8 for a period of twenty -five years only from the date hereof. 9 IN WITNESS WHEREOF, the Town Council of the Town of Marana, an Arizona 10 municipal corporation, has granted this Franchise only in the form of Franchise filed with 11 the said Town Council by Trico Electric Cooperative, Inc., and published as aforesaid and 12 has caused these presents to be executed and signed by the Mayor of the Town of Marana 13 and attested by the Clerk and the seal of the Town of Marana affixed hereto this ��day 14 of / / , 2011. 15 ��Ill� TOWN OF MARANA, an Arizona 16 SEAL :���C� ��omnn�e,��'�ji municipal corporation 17 Z-* O � CORPORp►f c C,C= SEAL�s ` { 18 �I qAi � ► �9 ; By Mdyor 19 ATTEST: �ooel j e i�� ► �e ®� 20 21 22 23 24 25 26 4 I TRICO ELECTRIC COOPERATIVE, INC., does hereby accept the within and 2 foregoing Franchise this day of ) 2011. 3 TRICO ELECTRIC COOPERATIVE, INC., an Arizona nonprofit c ation 4 5 By _ Its P sident 6 CORPORATE SEAL 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5 EXHIBIT "A" The following described real property lying within the Town Limits of the Town of Marana (all Sections and Townships and Ranges are in reference to the Gila and Salt River and Meridian and are in Pima County and Pinal County, Arizona [Townships being designated as "T" and Ranges designated as "R "] ): TOWNSHIP 10 SOUTH, RANGE 11 EAST The South half of Section 31 lying within the Town Limits of the Town of Marana TOWNSHIP 11 SOUTH, RANGE 10 EAST All of Section I The West 660 feet of the Northwest Quarter of Section 12 The Southwest Quarter of Section 13 The Southeast Quarter of the Southeast Quarter of Section 14 All of Section 23, Except the South 1320 feet thereof All of that portion of the Southeast Quarter of Section 24, lying within the Town Limits of the Town of Marana and South of the following described line: COMMENCING at the North Quarter corner of said Section 24; Thence South and parallel with the West Boundary of said Section 24 to a point 2,525 feet South and 2,755 feet East of the Northwest corner of said Section 24, which point is the TRUE POINT OF BEGINNING; Thence East and parallel with the South boundary of said Section 24 to a point on the East boundary of said Section 24 which is common with a point on the West boundary of Section 19, T 11 S, R 11 E, said point being 3,238 feet South of the Northwest corner of said Section 19. TOWNSHIP 11 SOUTH, RANGE 11 EAST All of Sections 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 23, 24, 25, and 32. All those portions of Sections 7, 8, 16, 17, 21, 22, 26, 27, and 36 lying within the Town Limits of the Town of Marana and North and East of the East right -of -way boundary of the Southern Pacific Railroad. That portion of Section 19, lying within the Town Limits of the Town of Marana, described as follows: BEGINNING at a point on the West boundary of said Section 19, said point being 3,238 feet South of the Northwest corner of said Section 19; Thence East and parallel with the South boundary of said Section 19 to a point 3,238 feet South of and 660 feet West of the Northeast corner of said Section 19; Thence South and parallel to the East boundary of said Section 19 to a point on the South boundary of said Section 19; Thence West along the South boundary of said Section 19 to the Southwest corner of said Section 19; Thence North along the West boundary of said Section 19 to the POINT OF BEGINNING. That portion of Section 30 lying within the Town Limits of the Town of Marana The East half of Section 31. All of Section 33 except the following described property: BEGINNING at the Northeast corner of said Section 33; thence South 00 degrees 34 minutes 43 seconds East, upon the East line of said Section 33, a distance of 1308.16 feet; Thence leaving said East line, North 60 degrees 42 minutes 14 seconds West, 247.32 feet; Thence North 00 degrees 00 minutes 00 seconds West, 1184.74 feet to a point on the North line of said Section 33; Thence North 89 degrees 20 minutes 24 seconds East, upon the North line of said Section 33, a distance of 202.49 feet to the POINT OF BEGINNING. That portion of Section 34 lying Southerly of the following described line: BEGINNING at the Southeast corner of said Section 34; thence North 00 degrees 30 minutes 12 seconds West, upon the East line of said Section 34, a distance of 978.56 feet; Thence leaving said East line North 78 degrees 44 minutes 03 seconds West, 652.10 feet; Thence North 62 degrees 51 minutes 29 seconds West, 737.37 feet; Thence North 48 degrees 50 minutes 07 seconds West, 631.39 feet to the centerline of Lon Adams Road and the beginning of a non- tangent curve concave to the Northwest, having a radius of 1250.00 feet through which a radial line bears South 34 degrees 44 minutes 54 seconds East; Thence Northeasterly 480.52 feet along said centerline curve through a central angle of 22 degrees 01 minutes 32 seconds to a point through which a radial line bears South 56 degrees 46 minutes 25 seconds East; thence North 60 degrees 51 minutes 54 seconds West, 480.21 feet; Thence North 56 degrees 15 minutes 22 seconds West, 627.66 feet; thence South 69 degrees 21 minutes 49 seconds West, 341.91 feet to the beginning of a non - tangent curve concave to the Northeast, having a radius of 1385.00 feet through which a radial line bears South 37 degrees 02 minutes 29 seconds West; Thence Northwesterly 52 1. 10 feet along said curve through a central angle of 21 degrees 33 minutes 26 seconds to the beginning of a reverse curve concave to the Southwest, having a radius of 545.00 feet; thence Northwesterly 413.95 feet along said curve through a central angle of 43 degrees 31 minutes 06 seconds to the beginning of a reverse curve concave to the Northeast, having a radius of 1165.00 feet; Thence Northwesterly 1107.60 feet along said curve through a central angle of 54 degrees 28 minutes 22 seconds to the centerline of Gladden Farms Drive, being a point of cusp with a non - tangent curve concave to the Southeast, having a radius of 1700.00 feet through which a radial line bears North 35 degrees 18 minutes 21 seconds West; Thence Southeasterly 738.54 feet along said centerline curve through a central angle of 24 degrees 53 minutes 29 seconds to a point through which a radial line bears North 60 degrees 11 minutes 50 seconds West; Thence North 60 degrees 42 minutes 14 seconds West, 742.07 feet to a point on the West line of said Section 34, said point bears South 00 degrees 34 minutes 43 seconds East, 1308.16 feet from the Northwest corner of said Section 34. TOWNSHIP 11 SOUTH, RANGE 12 EAST All of Sections 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36. The South half of the Northwest Quarter and the Southwest Quarter of Section 3; The North half of the Northeast Quarter and the West half of Section 9; The South half of the Northeast Quarter and the South half of the Southwest Quarter and the Southeast Quarter of Section 10. TOWNSHIP 11 SOUTH, RANGE 13 EAST The South half of Section 7; Those portions of Sections 8, 17, 20, 29 and 32 lying within the Town Limits of the Town of Marana. All of Sections 18, 19, 30 and 31. TOWNSHIP 12 SOUTH, RANGE 11 EAST All of Sections 3, 4, 5, 6, 9, 10, 15, 16 and 21. The North half of Sections 7, 8 The North half and the North half of the South half of Section 22. TOWNSHIP 12 SOUTH RANGE 12 EAST All of Sections 1, 2, 3, and 10 Those portions of Sections 4, 5, 6, and 9 lying within Trico's Certificates of Convenience and Necessity lying within the Town Limits of the Town of Marana. Those portions of Sections 15 and 16 lying within the Town Limits of the Town of Marana and North and East of the East right -of -way boundary of the Southern Pacific Railroad. Those portions of Sections 11 and 12 lying within the Town Limits of the Town of Marana. TOWNSHIP 12 SOUTH, RANGE 13 EAST All of Section 6. The North half of the Northwest quarter of the Northwest Quarter of Section 7. TOGETHER WITH that portion of the areas of Trico's Certificates of Convenience and Necessity lying within the Town Limits of the Town of Marana as they are expanded from time to time.