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HomeMy WebLinkAboutOrdinance 2006.23 Rezoning Acacia Hills Specific Plan and Northgate Specific Plan to create the Cascada Specific PlanF. ANN RODRIGUEZ, RECORDER RECORDED BY: C V DEPUTY RECORDER 1016 PE3 SMARA TOWN OF HARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 PE-1 DOCKET: 13063 PAGE: 4204 NO. OF PAGES: 18 SEQUENCE: 20071020795 05/25/2007 ORDIN 16:45 MAIL AMOUNT PAID $ 14.50 = = MARANA Re-RecordinLy Due to Scrivener's Error Marana Ordinance No. 2006.23 Town of Marana Ordinance No. 2006.23 is being re- recorded to Correct a scrivener5s error. The ordinance was originally recorded on December 6. 2006, at Docket 12945, Page 5279 in the Pima County Recorder5s Office. The ordinance was originally recorded with an incorrect legal description (Exhibit A). The correct exhibit is now attached and is located behind the incorrect exhibit. F. ANN RODRIGUEZ, RECORDER DOCKET: 12945 RECORDED BY: CKB PAGE: 5279 01 P1 DEPUTY RECORDER go C? NO. OF PAGES 10 8046 PEI, A i? SEQUEN 20062341515 SMARA 12/06/2006 TOWN OF MARANA 1-6DIN 16:41 ATTN: TOWN CLE 11555 W CIV CENTER DR MAIL -'- C MARANA A7835653 AMOUNT PAID $ 10.50 MARANA ORDINANCE NO. 2006.23 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING OF 1227 ACRES OF LAND FROM "F" (ACACIA HILLS SPECIFIC PLAN AND NORTHGATE SPECIFIC PLAN) AND 227 ACRES OF "C" LARGE LOT ZONE TO ZONE "F" CREATING THE CASCADA SPECIFIC PLAN. WHEREAS, The Planning Center represent the property owners of approximately 1454 acres of land located in portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pacific Railroad and I-10. as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on February 22, 2006, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owners, staff and members of the public at the regular Town Council meeting held November 7, 2006, and has determined that the rezoning meets the intent of the General Plan, and should be approved. :1, NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: 3 0 4.4 Section 1. A minor amendment to the General Plan of approximately 227 acres of land located 2 within portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East; bounded 0 on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Mariana and Linda Vista Boulevard; and the west by South Pacific Railroad and 1-10. changing the land use designation from Low Density Residential to Master Planning Area. Section 2. The zoning of approximately 1454 acres of land located within located within portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pacific Railroad and 1-10 is hereby changed from "F" (Acacia Hills Specific Plan and Northgate Specific Plan) and "C" Large Lot Zone creating the Cascada Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of residential densities and housing types, commercial uses and recreation and open space, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Cascada Specific Plan Pagel of3 10 ordinance): 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The ultimate development proposed by this rezoning shall comply with the requirements of the adopted Development Agreement. 3. The property owner(s) shall not cause any lot split of any kind unless approved by the Town of Marana as a subdivision. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Camino de Mariana and Linda Vista Boulevard, per the Development Agreement. 6. A water service agreement and a master water plan must be submitted by the developer and accepted by the Utilities Director prior to the approval of water improvement plans. 7. A sewer service agreement and master sewer plan must be submitted by the developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of sewer plans. 8. Before a certificate of occupancy is issued for any dwelling unit on the property, the 6? developer shall have completed or shall provide evidence to the Town's satisfaction that f- 31 developer has made a diligent effort to complete the process of having the property 1? annexed into a fire district or otherwise provide for fire protection service. tili 44 2 9. All parks and trails within Cascada will be developed by the Master Developer, subject to the approval of the Marana Parks and Recreation Director. Neighborhood parks must be identified in subdivision plats and detailed design as part of the landscape plans for those subdivisions. The regional park shall be designed and constructed by the Master Developer. Design and construction standards, type and number of amenities and phasing shall be approved by the Park and Recreation Director. 10. A homeowners association (HOA) shall be established, acceptable to the Town of Marana, to control, maintain, and manage the residential areas and open space. 11. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of natural open space management. 12. The Management Program for Natural Undisturbed Open Space, developed with the assistance of the State of Arizona Game and Fish Department and described in the Cascada Specific Plan, shall remain in effect regardless of any change of status of any endangered species for which it was designed. Cascada Specific Plan Page 2 of 3 13. The Town shall reserve the right to monitor and enforce the natural open space management responsibilities of the HOA. 14. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 15. Minor grammatical and technical changes as required by the Planning Director shall be made before submitting a final edition. 16. Upon adoption of the ordinance by the Mayor and Council approving the Cascada Specific Plan, the applicant shall provide the planning department with the following final editions of the Cascada Specific Plan: one non-bound original; thirty bound copies; and one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2006.23. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5'h day of December, 2006. 1. "A 1 e6 3 2 All Mayor Ed Honea ATTEST: ?ce1*ynronn2sson!,Town Clerk Town Cle? Cascada Specific Plan Page 3 of 3 ?PAShby SURVEING && DRAFTING, INC LEGAL DESCRIPTION CASCADA PROPERTY Portions o tio?s 9' 10' 11' 14, 15 and 22, Township 12 South, Range 12 East, Gila and Salt f I re River MeriiZ, ima County, Arizona, said portions being described as follows: COMMENCING \atunched railroad spike marking the south quarter comer of Section 15, from ; ' 0 which a 0.5 inch diame r rebar tagged "RLS 19316" marking the southwest comer of Section 15 1 lies South 89'45'18" es distance of 2639.57 feet; Thence North 00'42'34" West?Vistance of 75.00 feet to a line 75.00 feet northerly of and parallel with the south line of the southwNt quarter of Section 15; Thence South 89'45'18" West a dist?,?'e of 17.15 feet to the intersection of the northwesterly right- of-way line of Camino de Manana wit t4e north right-of-way of Linda Vista Boulevard as described in Docket 7387 at Page 555, re of Pima County, said intersection being the TRUE POINT OF BEGINNING; cl?s Thence South 8945'18" West along the north ri? distance of 542.86 feet to the southeast comer of 1752, records of Pima County; '-way line of Linda Vista Boulevard a Yell Site described in Docket 11709 at Page I Thence North 00'42'34" West along the east line of said W%eelSitee aa distance of 100.00 feet to the j northeast comer thereof, Thence South 89'45'18" West along the north line of said Well Sit distance of 100.00 feet to the northwest comer thereof, Thence South 00'42'34" East along the west line of said Well Site a dista. eoflOO.00feettothe southwest comer thereof and the north right-of-way line of said Linda VistSoulevard: e( Thence South 89'45'18" West along said north right-of-way line, a distance of 1.78 feet to the 78 fee of northeasterly right-of-way line of the Union Pacific Railroad; Thence North 34'5 F5 7" West along said northeasterly right-of-way line a distancee \of86.54 feet 'I t to a 0.5 inch diameter rebar tagged "LS 4527" marking the intersection of said northeast ly right- of-way line with the west line of the southwest quarter of Section 15; 1 c2 'HTAETL L. "Igned NA, ?13 SAJOBS 4000-4900\4100\4184\Block Plat 9-13-06\Cascada 9-13-06.doc Page I of -7 717 NORTH SWAN ROAD - TUCSON, ARIZONA 85711-1210 - TEL: (520) 325-1991 - FAX: (520) 325-2074 1 North 01'05'12" West along said west line a distancelof 438.15 to a 2 inch diameter open e marking the west quarter comer of Section 15; Thence'N\(orth 00'4243" West a distance of 2651.90 feet to a 0.625 inch diameter rebar (no tag) marking tNI northwest corner of Section 15; Thence South 91<39'56" West along the south line of the southeast quarter of Section 9, a distance of 1963.88 feet to",q 1.5 inch diameter aluminum capped rebar stamped "R/W" marking the intersection of said ??uth line with the northeasterly line of that parcel described in Docket 2109 at Page 588,records of Pinka County, said northeasterly line being on a non-tangent curve concave to the southwest having a rail? of 1103 8.24 feet, to which intersection a radial line bears North 48'23'47" East; Thence northwesterly along said urve through a central angle of 03'42'14" an arc distance of 713.58 feet to the easterly line of!\'U Pima County; thl,?parcel described in Docket 4096 at Page 183, records of Thence North OO'l 0'26 " West along said said line; Thence South 89037'50" West continuing along distance of 163.48 feet to the west line of the sc line a distance of 799.32 feet to an angle point in -west component of said easterly line a quarter of Section 9; Thence North 00'10'3 3 " West along said west line a distlakcee (of 842.11 feet to the south line of ,8? Parcel "B" as described in Docket 12634 at Page 452, recor of Pima County; Thence North 89'38'34" East along said south line a distance of 69.70 feet to the southwesterly 6 7 e, line of Parcel 4 as described in Docket 8096 at Page 1868, records Pima County; I r\dima - 9* P ? f Thence North 45'04'48" West along said southwesterly line, a distance f 1045.95 feet to the s beginning of a curve concave to the southwest having a radius of 1325.00 eet- Thence northwesterly along said curve and continuing along said southwester line, through a central angle of 07'33'48" an arc distance of 174.91 feet to the easterly linee ooff th t parcel described gi c in Docket 2109 at Page 5 9 1, records of Pima County; r lin ' t 0' Thence North 00010'08" West along said easterly line a distance of 183.77 feet to the eginning of a curve concave to the southwest having a radius of 1475.00 feet, to which be\gffining a dial line bears North 33'00'15" East; ro 17F37 :13 i. WC"pELL. SCHLOEMAN V IL eAshb SURVEY1NG & DRAFTN,; SAJOBS 4000-4900\4 1 M41MBlock Plat 9-13-06\Caseada 9-13-06,doc Page 2 of 7 2 Thence southeasterly along said curve through a central angle of 11'54'57" an arc distance 'of q06.76 feet; South 45'04'48" East a distance of 1779.39 feet to a point hereinafter referred to as POINT Thence h 4455'12" East a distance of 483.09 feet to the beginning of a curve concave to the -, , ?ng a r northw=st - adius of 1725.00 feet; Thence northeas ly along said curve through a central angle of 229 9'52" an arc distance of 11 c t 672.32 feet to the s th line (of the southeast quarter of the northeast quarter of Section 9; Thence South 89'38' \"West along said south line a distance of 1099.90 feet to a 1.5 inch diameter aluminum cap d rebar stamped "LS 4785" marking the southwest comer of the southeast quarter of the no east quarter of Section 9; Thence North 00'09'24" West a ing the west line of the southeast quarter of the northeast quarter 1-'? of Section 9 a distance of l3l8.N2',f\eet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northwest comer'tliereof-, Thence North 89'35'09" East along the n, line of the southeast quarter of the northeast quarter of , q': Section 9 a distance of 1309.12 feet to a .5?ipch diameter aluminum capped rebar stamped "LS 4785" marking the northeast comer thereof, \ Thence South 89'55'17" East along the north line fgid uth half of the northwest quarter of Section 10 a distance of 265 1.22 feet to a 1. 5 inch dl eter aluminum capped rebar stamped "LS 0 so 4785" marking the northeast comer thereof, Thence North 89'43'48" East along the north line of the soult?,half of the northeast quarter of Section 10 a distance of 2646.78 feet to a 1.5 inch diameter al urn capped rebar stamped "LS 4785" marking the northeast comer thereof, Thence South 00'32'10" East along the east line of said south half a stance of 1317.47 feet to a ?k! 0.5 inch diameter rebar tagged "PE 4926" marking the east quarter coriker of Section 10; Thence North 89'49'44" East along the north line of the southwest quarter I f Section I I a distance of 2637.10 feet to a 2 inch diameter open pipe marking the northeast , er ereof, C ? %rf " 0 0 MIC ELL. SCHLO MAN ned J. 31 45 ??Ashlb . y S:\JOBS 4000-4900\4 1 00\4184\Block Plat 9-13-06\Cascada 9-13-06.doc Page 3 of 7 SURVEYING & DRAFT NG. INC TN.nce South 00'28'15 " East along the east line of the southwest quarter of Section I I a distance of 2646,,62 feet to a Government Land Office scribed stone marking the south quarter comer of SectioiW 1; Thence No 88'5249" West along the south line of the southwest quarter of Section I I a distance of 2619.31 ee to a 0.625 inch diameter rebar tagged "LS 4785" marking the southwest comer of Section F c, Thence South 00'05?5 ",Zest.along the west line of the northwest quarter of Section 14 a distance of 2701.97 feet to a - - h ? lameter aluminum capped rebar stamped "LS 1052" marking the west quarter comer of ction 14; Thence South 00'20'40"' Ea t along the west line of the northwest quarter of the southwest quarter of Section 14 a distance \ofl 6.59 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the south st quarter thereof, Thence North 89'36'27" East alon' e north line of the southwest quarter of the southwest quarter of Section 14 a distance of 1317.49? the northeast comer thereof, Thence South 00'19'00" East along he st line of the southwest quarter of the southwest quarter t, of Section 14 a distance of 1286.26 feet a inch diameter aluminum capped rebar stamped "WILSEY & HAM LS 7599" marking the rth right-of-way line of Linda Vista Boulevard I (formerly known as Palo Fierro) as shown in ook 2 of Road Maps at Page 64, records of Pima County; Thence South 89'34'45" West along said north righX-way line a distance of 1316.86 feet to the east line of the southeast quarter of Section 15; Thence South 89'45'16" West continuing along said south ' h 0 -way line a distance of 638.18 " We feet to the beginning of a non-tangent curve concave to th e having a radius of 1507.39 t?e ' \nfast feet, to which beginning a radial line bears South 21'07'12 Thence northwesterly along said curve through a central angle of 30 4'03" an are distance of 4'03" an g 0 c 804.20 feet; Thence North 38'18'45" West a distance of 411.03 feet to the begina\ningo curve concave to the south having a radius of 40.00 feet; Thence westerly along said curve through a central angle of 90'10'00" an arc feet; D,Ashbu SAJOBS 4000-4900\41 00'\4184\Block Plat 9-13-06\Cascada 9-13-06.doc Page 4 of 7 of 62.95 0 21787 MICHAEL SCHLOEMAN &lieu N A, 0_.?4 3. 811, U 4. ,2 1 Thence South 5 19 I'l 5" West a distance of 610.78 feet to the beginning of a curve concave to the ?qutheast having a radius of 7549.44 feet; Then&I"Southeasterly along said curve through a central angle of 04100'45" an arc distance of 528.70 f6qtto the beginning of a reverse curve concave to the northwest having a radius of 7729.44 feet; Thence southerINIong said curve through a central angle of 00'56'54" an arc distance of 127.92 feet to the north rigkt-of-way line of Linda Vista Boulevard (formerly known as Palo Fierro Road) as shown in Book 2 of\Road Maps at Page 64, records of Pima County; Thence South 89'45'16" N( est along said north line a distance of 30.50 feet to the southwesterly right-of-way line of the aforNjaid Camino de Manana; Thence South 89045'l 6" West a ?ng a prolongation of said north line, a distance of 34.73 feet to the west line of the southeast quaa r of Section 15; Thence North 00'42'34" West a distarX(e of 45.00 feet to a line 75.00 feet northerly of and parallel with the south line of the southwest quar'*r of Section 15; il Thence South 8945'18" West a distance .15 feet to the intersection of the northwesterly right- of-way line of Camino de Manana with the o r of??N ght-of-way of Linda Vista Boulevard as described in Docket 7387 at Page 555, records o??a County, and the TRUE POINT OF BEGINNING; TOGETHER WITH a portion of the northwest quarte\of Section 22 described as follows: COMMENCING at a punched railroad spike marking the orlh quarter comer of Section 22, from r t n which a 0.5 inch diameter rebar tagged "RLS 19316" ma k\lnhe orthwest comer of Section 22 lies South 8945'18" West a distance of 263 9.57 feet; Thence South 00'25'06" East a distance of 30.00 feet to a line 30.011-,feet southerly of and parallel with the north line of the northwest quarter of Section 22; Thence South 89'45'18" West along said parallel line a distance of 30.00 etto the intersection of et of I the south right-of-way line of Linda Vista Boulevard (formerly known as PPa Fi?ernro Road) as to r 0 shown in Book 2 of Road Maps at Page 64 with the west right-of-way linee \ofaamino de Manana as shown in Book 2 of Road Maps at Page 1, said intersection being the TRUEE INT OF P BEGINNING; S:\JOBS 4000-4900\4 1 00\4184\13 lock Plat 9-13-06\Caseada 9-13-06-doc Page 5 of 7 eAshbu :D .. ?"'r " "C Me LAN A 0 2 87 ICH LL CHLOE AN - &. 19 9 e, NA,05 I 3 P. fS, C5 4, 2 Thence South 00'25'06" East along said west right-of-way line a distance of 21.97 feet to the begi ing of a non-tangent curve concave to the northwest having a radius of 7729.44 feet, to w h i c-!h% nning a radial line bears South 409 T1 3 " East; Thence sout esterly along said curve through a central angle of 00024'56" an arc distance of 56.07 feet; Thence South 42'IXI 2" West along a non-tangent line a distance of 5 93.82 feet to the beginning of a non-tangent cu concave to the northwest having a radius of 7829.44 feet, to which rV1 N beginning a radial I ne c?ears South 35'53'22" East; Thence southwesterly alonk, said curve through a central angle of 00025'30" an are distance of 58.08 feet to the northeasterlyxine of that parcel described in Docket 2363 at Page 94, records of Pima County; Thence North 34'51'57" West alon said northeasterly line a distance of 643.45 feet to the south right-of-way line of Linda Vista Bou vard (formerly known as Palo Fierro Road) as shown in Book 2 of Road Maps at Page 6X4; L Thence North 89'45'18" East along said s right-of-way line, a distance of 856.97 feet to the TRUE POINT OF BEGINNING. )f S AND EXCEPT the following described portion the southeast quarter of Section 9 and the southwest quarter of the southwest quarter o ec?t* n 15: COMMENCING at the hereinbefore said POINT "A Thence South 45'04'48" East a distance of 150.00 feet to ihe TRUE POINT OF BEGINNING; Thence North 44155'12" East a distance of 483.09 feet to the bN7ing of a curve concave to the northwest having a radius of 1875.00 feet; Thence northeasterly along said curve through a central angle of 24'l '30" an arc distance of 0 793.85 feet to the south line of the southeast quarter of the northeast qu er of Section 9; '3 0" an a Thence North 89'38")4" East along said south line a distance of 46.966 \feeeta 1.5 inch diameter t f u er f lead capped rebar marking the southeast comer of the southeast quarter o th ortheast quarter of Section 9; SAS hbo L SAJOBS 4000-4900\4100\4184\Block Plat 9-13-06\Cascada 9-13-06-doc Page 6 of 7 LAN & T11- 0 1787 . AELL. SCHL EMAN ?qned > , NA, South 00'09'14" East along the west line of the northwest quarter of the southwest quarter :)n 10 a distance of 1320.29 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4714,5" marking the southwest comer thereof, Thence Norlt? 89'56'28" East along the north line of the southwest quarter of the southwest quarter of Section 10?distance of 1330.45 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785 markiRg the northeast comer thereof, Thence South 009 X1 4" East along the east line of the southwest quarter of the southwest quarter of Section 10 a dista t of 1247.05 feet to a point from which a 1.5 inch diameter aluminum capped rebar stampe S 4785" marking the southeast comer of the southwest quarter of the I southwest quarter of Sec 'on 10 lies South 009 5'14" East a distance of 75.00 feet, said point being the beginning of a non-tan ent curve concave to the northeast having a radius of 1425.00 feet, to which point a radial line \be s South 00'00'52" West; Thence northwesterly along sa urve through a central angle of 44'54'20" an arc distance of 1116.84 feet; i? Thence North 45'04'48" West a disNnce of 1621.90 feet to the TRUE POINT OF BEGINNING. FURTHER EXCEPT any portion lyin ithin Camino de Manana as shown in Book 2 of Road Maps at Page 1, records of Pima Cc A ?, W FURTHER EXCEPT any portion lying wit inda Vista Boulevard as described in Docket 7387 at Page 555, records of Pima County. I FURTHER EXCEPT any portion lying within th' 're roadway parcels 1, 2, 3 and 4 as described in 3 Docket 8096 at Page 1869, records of Pima County. e roadway 3 Y. 15 AND FURTHER EXCEPT any portion lying within th e drainageways dedicated to Pima ?15 0 z 2 County, Arizona on the plat of Camino de Manana Estates ots I thru 86, recorded in Book 27 of 414 3 1 Maps and Plats at Page 77 and on the plat of Camino de M a Estates Lots 87 thru 222, recorded t in Book 27 of Maps and Plats at Page 78, records of Pima Cou t 4 ICA 4- 2 78 0 ICHAELL - HLOEMAN 10 ?17 &. /9 ed 0 Ashby 1111WING I DIA11?1. NC. S:\JOBS 4000-4900\4100\4184\Block Plat 9-l3-06\Cascada9-l3-06.doc Page 7 of 7 LEGAL DESCRIPTION CASCADA PROPERTY Portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, said portions being described as follows: COMMENCING at a punched railroad spike marking the north quarter comer of Section 22, from which a 0.5 inch diameter rebar tagged "RLS 19316" marking the northeast comer of Section 22 lies North 89045'16" East a distance of 2629.14 feet; Thence North 00042'34" West along the east line of the southwest quarter of Section 15 a distance of 30.00 feet to the north right-of-way line of Palo Fierro Road (now known as Linda Vista Boulevard) as shown in Book 2 of Road Maps at Page 64 and the TRUE POINT OF BEGINNING; Thence South 8945'18" West along said north right-of-way line, a distance of 3 0.00 feet to a line 30.00 feet westerly of and parallel with the east line of the southwest quarter of Section 15; Thence South 00'42'34" East along said parallel line a distance of 30.00 feet to the south line of the southwest quarter of Section 15; I Thence South 00'25'06" East along a line 30.00 feet westerly of and parallel with the east line of 3. the northwest quarter of Section 22 a distance of 30.00 feet to the south right-of-way line of the PS 0 aforesaid Palo Fierro Road and the west right-of-way line of Camino de Mariana as shown in Book 1.3 2 of Road Maps at Page 1; 0 14 Thence South 00'25'06" East along said west right-of-way line a distance of 21.98 feet to the beginning of a non-tangent curve concave to the northwest having a radius of 7729.44 to which beginning a radial line bears South 40'36'50" East; Thence southwesterly along said curve, through a central angle of 00'24'52" an arc distance of 55.91 feet; Thence South 42016'10" West along a non-tangent line a distance of 593.87 feet to the beginning of a non-tangent curve concave to the northwest having a radius of 7829.44 feet to which beginning a radial line bears South 35'52'57" East; Thence southwesterly along said curve through a central angle of 00'25'33" an arc distance of 58-19 feet to the northeasterly line of that parcel described in Docket 2363 at Page 94, records of said Pima County; C:\Documents and Setfings\vruiz\Loca1 Settings\Temporary Intemet Fi1es\0LK2\Cascada 5-14-07.doc Page I of 6 Thence North 34'5 F57 West along said northeasterly line and it's northwesterly prolongation a distance of 771.04 feet to the north line of Linda Vista Boulevard as described in Docket 7387 at Page 555; Thence South 8945'18" West along said north line a distance of 243.03 feet to the northeasterly right-of-way line of the Union Pacific Railroad; Thence North 34051'57" West along said northeasterly line a distance of 2586.54 feet to a 0.5 inch diameter rebar tagged "LS 4527" marking an intersection with the west line of the southwest quarter of Section 15; Thence North 0 1 005'l 2 " West along said west line a distance of 43 8.15 to a 2 inch diameter open iron pipe marking the west quarter comer of Section 15; Thence North 00042'43" West a distance of 2651.90 feet to a 0.625 inch diameter rebar (no tag) marking the northwest comer of Section 15; Thence South 89'39'56" West along the south line of the southeast quarter of Section 9, a distance of 1963.88 feet to a 1.5 inch diameter aluminum cap rebar stamped "R/W" marking an intersection with the northeasterly right-of-way line of the Union Pacific Railroad, said northeasterly right-of- way line being on a curve concave to the southwest having a radius of 11,038.24 feet to which intersection a radial line bears North 4823'47" East; Thence northwesterly along said curve through a central angle of 03'42'14" an arc distance of 713.58 feet to the easterly line of that parcel described in Docket 4096 at Page 183, records of Pima County; Thence North 00010'26" West along said easterly line a distance of 799.32 feet to an angle point in said line; Thence South 89037'50" West continuing along an east-west component of said easterly line a distance of 163.48 feet to the west line of the southeast quarter of Section 9; Thence North 00'10'3 3 " West along said westerly line a distance of 842.11 feet to the south line of Parcel "B" as described in Docket 12634 at Page 452, records of Pima County; Thence North 89'38'34" East along said south line a distance of 1069.70 feet to the southwesterly line of Roadway Parcel 4 as described in Docket 8096 at Page 1868, records of Pima County; Thence South 45004'48" East along said southwesterly line a distance of 2191.42 feet to the east line of Section 9; Thence South 45004'48" East continuing along said southwesterly line a distance of 313.92 feet to the beginning of a curve in said southwesterly line, said curve being concave to the northeast and having a radius of 1575.00 feet; .1 3 CADOcuments and Settings\vruiz\LocaI Settings\Temporary Intemet FiIes\OLK2\Cascada 5-14-07.doc Page 2 of 6 Thence southeasterly along said curve and southwesterly line through a central angle of 44'56'55" an arc distance of 1235.59 feet to the east line of the northwest quarter of the northwest quarter of Section 15; Thence North 00037'14" West along said east line a distance of 75.00 to the northeast comer of the northwest quarter of the northwest quarter of Section 15; Thence North 009 5'14" West along the east line of the southwest quarter of the southwest quarter of Section 10 a distance of 1322.05 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northeast comer thereof, Thence South 89'56'28" West along the north line of the southwest quarter of the southwest quarter of Section 10 a distance of 1330.45 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northwest comer thereof, Thence North 00'09'14" West along the west line of the northwest quarter of the southwest quarter of Section 10 a distance of 1320.29 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the west quarter comer of Section 10; Thence South 89'38'34" West along the south line of the southeast quarter of the northeast quarter of Section 9 a distance of 1308.60 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the southwest comer thereof, Thence North 00'09'24" West along the west line of the southeast quarter of the northeast quarter of Section 9 a distance of 1318.92 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northwest comer thereof, Thence North 89'35'09" East along the north line of the southeast quarter of the northeast quarter of Section 9 a distance of 1309.12 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northeast comer thereof, Thence South 89'55'17" East along the north line of the south half of the northwest quarter of Section 10 a distance of 2651.22 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northeast comer thereof, Thence North 8943'48" East along the north line of the south half of the northeast quarter of Section 10 a distance of 2646.78 feet to a 1. 5 inch diameter aluminum capped rebar stamped "LS 4785" marking the northeast comer thereof, Thence South 00'32'10" East along the east line of said south half a distance of 1317.47 feet to a 0. 5 inch diameter rebar tagged "PE 4926" marking the east quarter comer of Section 10; Thence North 89'49'44" East along the north line of the southwest quarter of Section 11 a distance of 263 7. 10 feet to a 2 inch diameter open pipe marking the northeast comer thereof, CADocuments and Settings\vruiz\LocaI Settings\Temporary Intemet Files\OLK2\Cascada 5-14-07.doc Page 3 of 6 Thence South 00'28'15 " East along the cast line of the southwest quarter of Section I I a distance of 2646.62 feet to a Government Land Office scribed stone marking the south quarter comer of Section 11; Thence North 88152'49" West along the south line of the southwest quarter of Section I I a distance of 2619.31 feet to a 0.625 inch diameter rebar tagged "LS 4785" marking the southwest comer of Section 11; Thence South 00'05'25" West along the west line of the northwest quarter of Section 14 a distance of 2701.97 feet to a 1.5 inch diameter aluminum capped rebar stamped "LS 1052" marking the west quarter comer of Section 14; Thence North 89'37'27" East along the north line of the southwest quarter of Section 14 a distance of 563.08 feet to the northwesterly right-of-way line of Camino de Manana as shown in Book 2 of Road Maps at Page I and as shown on the plat of Oasis Hills recorded in Book 60 of Maps and Plats at Page 38; Thence South 57047'30" West along said northwesterly right-of-way line a distance of 467.01 feet to the beginning of a curve concave to the southeast having a radius of 746.20 feet; Thence southwesterly along said curve and continuing along said northwesterly right-of-way line, through a central angle of 15'25'53", an arc distance of 200.97 feet; Thence South 4221'36" West, continuing along said northwesterly right-of-way line a distance of 17.71 feet to the west line of the southwest quarter of Section 14; 1, Thence South 00'20'40" East along said west line a distance of 88.47 feet to a point on the 3 southeasterly right-of-way line of Camino de Manana; rl Thence North 4202 V3 6" East along said southeasterly right-of-way line a distance of 82.72 feet to the beginning of a curve concave to the southeast having a radius of 686.20 feet; 2 I Thence northeasterly along said curve and continuing along said southeasterly right-of-way line, through a central angle of 15025'53" , an arc distance of 92.97 feet; Thence North 5747'30" East continuing along said southeasterly right-of-way line, a distance of 506.78 feet to the south right-of-way line of Oasis Road as shown in Book 3 of Road Maps at Page 69; Thence North 89037'27" East along said south right-of-way line, a distance of 1658.02 feet to the northeast comer of said Oasis Hills subdivision; Thence South 17'30'38" West along the easterly line of Oasis Hills a distance of 796.44 feet; Thence South 58013'10" West continuing along said easterly line, a distance of 222.61 feet; C:\Documents and Setfings\vruiz\LocaI Setfings\Temporary Intemet FiIes\0LK2\Cascada 5-14-07.doc Page 4 of 6 Thence South 099 2'15" West continuing along said easterly line, a distance of 417.96 feet to the south line of the north half of the southwest quarter of Section 14 and the southeast comer of said Oasis Hills; Thence South 89'36'27" West along said south line, a distance of 465.60 feet to the northeast comer of the southwest quarter of the southwest quarter of Section 14 Thence South 009 9'00" East along the east line of the southwest quarter of the southwest quarter of Section 14 a distance of 1286.26 feet to a 1.5 inch diameter aluminum capped rebar stamped "WILSEY & HAM LS 7599" marking an intersection with the north right-of-way line of Linda Vista Boulevard; Thence South 89'34'45" West along said north right-of-way line a distance of 1316.86 feet to the east line of the southeast quarter of Section 15; Thence South 8945'16" West continuing along said north right-of-way line, a distance of 640.50 to the beginning of a non-tangent curve concave to the northeast having a radius of 1507.39 feet to which beginning a radial line bears South 219 5'58" West; Thence northwesterly along said curve through a central angle of 30'25'15" an arc distance of 800.34 feet; Thence North 3 89 8'47" West a distance of 3 3 9.3 1 feet to the southerly right-of-way line of Camino de Manana as shown in Book 2 of Road Maps at Page 1; Thence continue North 3 8'18'47" West a distance of 62.11 feet to the northerly right-of-way line of said Camino de Manana; all Thence continue North 3 8018'47" West a distance of 11.46 feet to the beginning of a curve concave to the south having a radius of 40.00 feet; Thence westerly along said curve through a central angle of 909 0'00" an arc distance of 62.95 feet; Thence South 5103 1'13" West a distance of 70.29 feet to the aforesaid northerly right-of-way line of Camino de Mariana; Thence continue South 5 1'3 I'l 3" West a distance of 117.70 feet to the southerly right-of-way line of said Camino de Manana; Thence continue South 5103 I'l 3 " West a distance of 422-79 feet to the beginning of a curve concave to the southeast having a radius of 7549.44 feet; Thence southwesterly along said curve through a central angle of 04000'46" an arc distance of 528.73 feet to the beginning of a reverse curve concave to the northwest having a radius of 7729.44 feet; CADocuments and Seftings\vruiz\Loca1 Seftings\Temporary Internet Fi1es\0LK2\Cascada 5-14-07.doc Page 5 of 6 Thence southwesterly along said curve through a central angle of 00'56'56" an arc distance of 128.01 feet to the northerly right-of-way line of Linda Vista Boulevard (formerly known as Palo Fierro Road) as shown in Book 2 of Road Maps at Page 64; Thence South 89045'16" West along said northerly right-of-way line, a distance of 65.27 feet to the TRUE POINT OF BEGINNING. EXCEPT any portion lying within Camino de Manana as shown in Book 2 of Road Maps at Page I . FURTHER EXCEPT any portion lying within Palo Fierro Road as shown in Book 2 of Road Maps at Page 64. FURTHER EXCEPT any portion lying within Linda Vista Boulevard as described in Docket 7387 at Page 555. FURTHER EXCEPT that portion of Roadway Parcel 3, described in Docket 8096 at Page 1869 and in Docket 8527 at Page 359, lying south of the north 75.00 feet of the east half of the northwest quarter of Section 15, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. FURTHER EXCEPT that portion lying within that Well Site described in Docket 11709 at Page 1752. AND SUBJECT TO those drainageways dedicated to Pima County, Arizona on the plat of j Camino de Manana Estates Lots I thru 86, recorded in Book 27 of Maps and Plats at Page 77 and I on the plat of Camino de Manana Estates Lots 87 thru 222, recorded in Book 27 of Maps and Plats at Page 78. Area of the Metes and Bounds Description including the excepted roadways and well site total 0 62,286,855 square feet or 1,429.909 acres, more or less. Area of the excepted roadways and well site total 403,500 square feet or 9.263 acres, more or less. Area of the Metes and Bounds Description excluding the excepted roadways and well site total 61,883,355 or 1,420.646 acres, more or less. Those rights-of-way dedicated by the plat of Oasis Hills recorded in Book 60 of Maps and Plats at Page 38 are not excepted from this description and are not included in the Area of excepted roadways noted above CADocuments and Settings\vruiz\LADcal Setfings\Temporaty Intemet Fi1es\0LK2\Cascada 5-14-07.doc Page 6 of 6 1 4 -9 2000' POTVIN LN.