HomeMy WebLinkAboutResolution 2014-075 Tangerine Ridge Right Lane Improvement AgreementMARANA RESOLUTION NO. 2014-075
RELATING- TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT FOR THE
CONSTRUCTION OF A RIGHT TURN LANE FOR THE TANGERINE RIDGE
DEVELOPMENT PROJECT AS PART OF THE TANGERINE ROAD DOVE MOUNTAIN
BOULEVARD/TWIN PEAKS ROAD TO LA CANADA DRIVE PUBLIC WORKS PROJECT
WHEREAS the Town has been identified by the Regional Transportation Authority of
Pima County as the "Lead Agency" for the proposed roadway improvements for Tangerine Road
from Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive; and
WHEREAS the developer of the Tangerine Ridge development project, which lies
adjacent to the Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada
Drive public works project, has requested the Town to construct a right turn lane for the
Tangerine Ridge development project as part of the Tangerine Road public works project; and
WHEREAS Town staff has negotiated an agreement with the developer of the Tangerine
Ridge development project to assure developer payment of all design and construction costs
associated with the construction of the Tangerine Ridge right turn lane as part of the Tangerine
Road public works project; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the public improvement participation agreement for the
construction of the Tangerine Ridge right turn lane as part of the Tangerine Road public works
project.
NOW, THEREFORE, BE IT RESOLVED BY TIIE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the public improvement participation agreement for the construction
of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road
Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project, attached
to this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for
and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement.
Resolution No. 2014 -075 - I - 7/23/2014 1:45 1'M FJC -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 5th day of August, 2014.
a
r`
Mayor Ed ne ,f
ATTEST:
Bronson,
Resolution No. 2014 -075 -2- 7123120 1:45 1'M FJC
PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT
TOWN of MARANA, ARIZONA
This Public Improvement Participation Agreement (this "Agreement ") is made and
entered into by and between LANDMARK TITLE AssURANCE AGENCY OF ARIZONA, LLC, an
Arizona limited liability company, as trustee under Trust 18227-T only (the "owner ") and the
TowN OF MARANA, an Arizona municipal corporation (the "Town "). The owner and the Town
are sometimes collectively referred to in this Agreement as the "'Parties,"' either of which is
sometimes referred to as a "Party."
RECITALS
A. The Town has entered into an intergovernmental agreement with the Regional
Transportation Authority of Pima County (the "RTA ") to facilitate the preparation of construction
design drawings and the acquisition of right-of-way needed for the construction of improvements
to Tangerine Road - Twin Peaks Road to La Canada Drive (the "Project ").
B. The Town has been identified by the RTA as the Lead Agency for the Project and will
be responsible for all aspects of project implementation, including construction, which is
anticipated to commence in Fiscal Year 2016.
C. The owner owns the land described in Exhibit A attached to this Agreement and
referred to in tl Agreement as Tangerine Ridge.
D. A portion of Tangerine Ridge is bordered on the north by a segment of Tangerine Road
being reconstructed by the Project.
E. The owner is obligated to construct certain right turn lane and associated
improvements to Tangerine Road in connection with the zoning entitlements for Tangerine Ridge,
referred to in tl-is Agreement as the " Tangerhie Ridge Turn Lane."
F. The purpose of this Agreement is to facilitate the Town's construction of the Tangerine
Ridge Turn Lane as part of the Project with design and construction funding provided by the
Owner.
AGREEMENT
NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the
intention of the Parties ii entering into this Agreement, the Parties agree as follows:
1. Design of Tangerine Ridge Turn Lane. on the effective date of this .Agreement, the
Owner shall pay the Town $10,519 to cover the Town's cost to design the Tangerine Ridge Turn
Lane, and the Town shall incorporate the Tangerine Ridge Turn Lane into the Project design.
2. owner's obligation to Pay Construction Costs for Tangerine Ridge 'Turn Lane. The
Owner shall pay all construction costs associated with the construction of the Tangerine Ridge
Turn Lane, as deternihled by the Town and the Town's consultants using the units, quantities,
(00038426.DOCX / 31 -1 - 7/1/2014 3:55 PM FJC
Exhibit "A."
and unit prices for the construction line items used to construct the Tangerine Ridge Turn Lane.
Upon written demand of the Town made no earlier than 60 days before start of construction. of the
Project, the Owner shall pay the Towns anticipated construction costs for the construction and
installation of the Tangerine Ridge Turn Lane plus a 15% contingency, determined based on the
unit prices in the accepted bid for construction of the Project. As of the date of this Agreement, the
Town's estimated construction costs for the construction and installation of the Tangerine Ridge
Turn Lane plus a 15 % contingency is $62,724, as itemized and attached to this Agreement as
Exhibit B. No later than 30 days after substantial completion of the Project, the Town shall provide
to the Owner an itemized statement of the Town's actual Tangerine Ridge Turn Lane costs. If the
Town's actual Tangerine Ridge Turn Lane costs exceed the anticipated construction costs already
paid by the owner, the Owner shall pay the Town the difference within 30 days; provided,
However, that the Owner's total. Tangerine Ridge Turn Lane construction costs payable pursuant
to this paragraph shall not exceed $75,000. If the Town's actual Tangerine Midge Turn Lane costs
are less than the witicipated construction costs already paid by the owner, the Town skull
reimburse the difference to the owner within 30 days. Any amounts unpaid after 30 days shall
accrue simple interest at the rate of 10% per year until paid in full.
3. Security for owner's obligations Under this Agreement. The Owner's obligations
under this Agreement, including without limitation the Owner's obligations under paragraph 2
above, shall be secured by a deed of trust i11 the amount of $75,000 in favor of the Town recorded
in the office of the Recorder of Pima County, Arizona, in substantially the form attached as
Exhibit C to thus Agreement. The Town shall promptly record a deed of release and full
reconveyance, releasing the deed of trust, upon the Owner's payment of all sums due under
paragraph 2 above, plus the Trustee's fees for preparation of the deed of release and full
reconveyance (currently $114.50).
4. Notices. Any notice required under this Agreement shall be complete when sent via
First Class Mail or hand delivered to the following addresses. Any Party may change their
address for purposes of notice under this Agreement by mailing a notice of change of address to
the other Party.
Owner: Landmark Title Trust 18227-T
c/o Sharpe & Associates
4549 F. Fort Lowell Drive
Tucson, AZ 55712
Town: Town of Marana
c/o Maraxla Legal Department
11555 west Civic Center Drive
Marana, Az 55653
5. Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement
or to obtain any remedy with respect to this Agreement shall be brought in the Pima County
Superior Court, and for this purpose the Parties expressly and irrevocably consent to the
jurisdiction of the Pima County Superior Court.
6. Court Costs and Reasonable Attorneys' Fees to Prevailing Party in Dispute. If a Party
fails to perform, any of its obligations under this Agreement, or if a dispute arises concerning the
meaning or interpretation of any provision of tl-.s Agreement, the prevailing Party shall be
f 00035426.DOCx / 3) -2- 7/l/ 2014 3:55 PM F]C
entitled to all court costs and reasonable attorneys' fees incurred in enforcing or establishing its
rights under this Agreement.
7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been
incorporated in this Agreement by reference with the same force and effect as if fully set forth in
the body of this Agreement.
8. Cancellation for Conflicts. This Agreement is subject to A.R.S. § 38 -511, which provides
for cancellation of contracts in certain instances involving c onflicts of interest.
9. Counterparts. This Agreement may be executed in any number of counterparts. Each
counterpart shall be deemed an original, but all counterparts shall constitute but one agreement.
10. Effective Date of Agreement. The date of this Agreement (the " "Effective Date ") shall
for all purposes be August 6, 2014, or the signature date of the Mayor's signature on this
Agreement, whichever is later.
The "Owner ":
LANDMARK TITLE ASSURANCE AGENCY of
ARIZONA, LLC, an Arizona limited liability
company, as trustee under Trust 18227 -T only
gy .
The "Town"
TOWN OF MARANA an Arizona municipal
corporation
O
By:
Ed ftonea, Mayor
Date:
ATTEST:
celyn C//Aronson, Town Clerk
APPROY AS To FORM:
idy, 'Town Attoyfiey
STATE OF ARIZONA
) ss.
County of )
The foregoing i trixme c wledged before me this 3 da of
2014, by `� �1 the ° � of
LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limite liability company
as trustee under Trust 18227 -T only.
(Seal) Official Seal
NOTARY PUBLIC
STATE OF ARIZONA
County of Pima
DIANE L. SLOANE
M Commission Expires July 26, 2014
(00038426.DOCX / 31 - 3 -
Notary Public
7/1/2014 3:55 PM FJC
File No.: 500- 18458«
EXHIBIT "A'•
Lot 2, EXCEPT the East 30 feet thereof, and except all that portion thereof within the right of way of
Tangerine Road; AND
The Southwest [quarter of the Northeast Quarter, EXCEPT the East 30 feet thereof, AND
The Southeast Quarter of the Northwest Quarter, all in Section 1, Township 12 South, Range 12 East, Gila
and Salt River Base and Meridian, Pima County, Arizona.
(JV Arh 4, 122)
Condition of Title Report
500 -18458
Exhibit A to Public Improvement Participation Agreement
Printed: 6/10/2014 TANGERINE RIDGE
RIGHT TURN LANE ADDITION
COST ESTIMATE
=ti
}.' T_
ITEM C -
S Rlpr D N J� -
I !1 e
l•
tJAI� T:
z:
2030901 BO RROW
C.Y.
500
$8.001
$4,000.00
3030003 AGGREGATE BASE
C.Y.
104
$28.00
$21912
4050001 ASPHALTIC CONCRETE (NO. 1)
TON
78
$70.00
$5
4130040 ASPHALTIC CONCRETE (ASPHALT-RUBBER)
TON
52
$$0.0
$4, 1 60,00
6= 200 CONCRETE RETAINING WALL
S.F.
265
$5 0,00 1
$1 3,250.00
6080000 SIGNING
L,SUM
1
$1,500.00
$1,5
7010001 MAINTENANCE AND PROTECTION OF TRAFFIC
L. SUM
1
$39 0. 001
$390
7040000 STRIPING
L.SUM
1
$320.00
$320.00
8100001 AZPDESINPiDES (ORIGINAL)
L. SUM
1
$160.00
$160.00
9010001 MOBILIZATION
L. SUM
1
$540,00
$540.00
9050001 GUARD RAIL, W BEAM, SINGLE FACE
L,F.
225
$16.00
$3,600.00
9050020 GUARD RAIL TERMINAL (SKT 350)
EACH
1
$4,000.00
$4,000,00
9050400 GUARD RAIL TRANSITION, W BEAM TO CONCRETE BARRIER
EACH
1
$1,500.00
$1,500.00
9100006 CONCRETE HALF BARRIER
L.F.
35
$100.00
$3,540.00
9250101 CONSTRUCTION SURVEYING AND LAYOUT
L. SUM
1
$160.00
$160.00
1;
- -
- - : ry. is � " ti ' %.':: .:1:. • r: -
K
='l: -` - - ; • -
1 :i '. is : "•9.: .r .'.. •`.:•:•.. 45 4
CONTINGENCIES (10°/x)
10.0%
$4,545.20
CONSTRUCTION MANAGEMENT (10%)
10.0%
$4,545.20
G- ONSTRUC r •t x.:=1
*' .:..: r. •.:._:.... " : is !
- xx l•
Exl B to Pubhc Improvement Partici ation Agreement
Page 1 of 1
RECORDING REQUESTED BY
Town of Marana
WHEN RECORDED MAIL TO:
MARANA LEGAL DEPARTMENT
I 1 555 'ITV' CIVIC CENTER DR
MARANA, AZ 85653
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST AND ASSIGNMENT OF RENTS
Date: August 6, 2014
Trustor: LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited
liability company, as trustee under Trust 18227 -T
Whose Address is: c/o Sharpe & Associates
4549 E. Fort Lowell Drive
Tucson, AZ 85712
Beneficiary: Town of Marana
Whose Address is: c/o Marana Legal Department
11555 West Civic Center Drive
Marana, AZ 85653
Trustee: Fidelity National Title Agency, 6245 E. Broadway, Ste 200, Tucson, AZ 85711
Property in Pima County, State of Arizona, described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
together with all buildings, improvements and fixtures on the Property (collectively, the
"Property").
This Deed of Trust is entered into by the Trustor, Trustee and Beneficiary. Trustor irrevocably
grants and conveys to Trustee in Trust, with Power of Sale, the Property, together with leases,
rents, issues, profits, or income generated by the Property (collectively, the "Property Income ")
SUBJECT, HOWEVER, to the right, power, and authority given to and conferred upon
Beneficiary to collect and apply the Property Income; AND SUBJECT TO existing taxes,
assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, and
easements of record.
This Deed of Trust has been granted to secure: 1) performance of each agreement of Trustor
contained in this Deed of Trust; and 2) payment of the indebtedness by Trustor in favor of
Beneficiary set forth in the "Public Improvement Participation Agreement" between the Trustor
and the Beneficiary dated August 6, 2014, in the principal sum of 75,000 .
{00038455.DOCx 12)
Exhibit C to Public Improvement Participation Agreement
Town of Mara na/Tangerine Ridge Public Improvement Participation Agreement
Deed of Trust and Assignment of Rents... Continued
Page 2
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
(1) To keep the Property in good condition and repair; not to remove or demolish any
building on the Property; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed on the Property
and to pay when due all claims for labor performed and materials furnished in
connection with the Property; to comply with all laws affecting the Property or requiring
any alterations or improvements to be made on the Property; not to commit or permit
waste of the Property; not to commit, suffer or permit any act upon the Property in
violation of law; and do all other acts which from the character or use of the Property
may be reasonably necessary, any specific enumerations in this Deed of Trust not
excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with
loss payable to Beneficiary. The amount collected under any fire or other insurance
policy may be applied by Beneficiary upon any indebtedness secured by this Deed of
Trust in any order Beneficiary may determine, or at the option of Beneficiary the entire
amount or any part of any insurance proceeds may be released to Trustor. Any
application or release of insurance proceeds will not cure or waive any default or notice
of trustee's sale under this Deed of Trust or invalidate any act done pursuant to the
notice.
(3) To appear in and defend any action or proceeding purporting to affect the security of
this Deed of Trust or the rights or powers of Beneficiary or Trustee; including the cost of
evidence of title and attorney's fees in a reasonable sum, in any action or proceeding in
which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to
foreclose this Deed of Trust.
(4) To pay, before delinquent, all taxes, assessments, encumbrances and liens affecting
the Property, with interest, that appear to be prior or superior to this Deed of Trust, and
all costs, fees and expenses of this Trust, including without limitation the fees of Trustee
for issuance of any Deed of Partial Release and Partial Reconveyance or Deed of
Release and Full Reconveyance, and all lawful charges, costs, and expenses in the
event of reinstatement of the obligations secured by this Deed of Trust.
(5) If Trustor fails to make any payment or do any act required by this Deed of Trust,
Beneficiary or Trustee may (but are not obligated to) make the payment or perform the
act without further notice to or demand of Trustor and Beneficiary's or Trustee's
payment or action does not release Trustor from Trustor's obligations under this Deed of
Trust. Beneficiary and Trustee are authorized to enter upon the Property to take any
action required of Trustor; to appear in and defend any action or proceeding purporting
to affect the security of this Deed of Trust or the rights or powers of Beneficiary or
Trustee; and to pay, purchase, contest or compromise any encumbrance, charge or lien
which appears to be prior or superior to this Deed of Trust.
(5) To pay immediately and without demand all sums expended by Beneficiary or Trustee
pursuant to the provisions of this Deed of Trust, including reasonable attorneys' fees,
together with interest from the date of expenditure at the greater of the rate provided for
in the agreement secured by this Deed of Trust or the highest legal rate. Any amounts
{00038455. Docx i 2)
Exhibit C to Public Improvement Participation Agreement
Town of Marana/Tangerine Ridge Public Improvement Participation Agreement
Deed of Trust and Assignment of Rents ... Continued
Page 3
paid by Beneficiary or Trustee will become part of the debt secured by this Deed of
Trust and a lien on the Property or immediately due and payable at the option of
Beneficiary or Trustee.
IT IS [MUTUALLY AGREED:
(7) That any award of damages in connection with any condemnation or governmental
taking, for injury to the Property by reason of public use, or for damages for private
trespass or injury to the Property, is assigned and will be paid to Beneficiary as further
security for all obligations secured by this Deed of Trust. Beneficiary may hold these
damages as further security or apply or release them in the same manner and with the
same effect as provided for disposition of proceeds of fire or other insurance in Section
2 of this Deed of Trust. Trustor retains the right to sue for the damages set forth in this
Section.
(8) That time is of the essence of this Deed of Trust, and that by accepting payment of any
sum secured by this Deed of Trust after its due date, Beneficiary does not waive
Beneficiary's right either to require prompt payment when due of all other sums secured
by this Deed of Trust or to declare default for untimely payment.
(9) That at any time, without notice, upon written request of Beneficiary, Trustee may: (a)
release and reconvey all or any part of the Property; (b) consent to the making and/or
recording of any map or plat of the Property or any part of the Property; (c) join in
granting any easement on the Property; or (d) join in or consent to any extension
agreement or any agreement subordinating the lien or encumbrance of this Deed of
Trust. Trustee's actions pursuant to this Section are taken without liability to Trustee and
will not affect the personal liability of any person for payment of the indebtedness
secured by this Deed of Trust or the encumbrance by this Deed of Trust on all Property
remaining subject to this Deed of Trust. No sum representing the value of any portion of
the Property that is affected by the Trustee's action must be credited on the
indebtedness secured by the Deed of Trust unless the sum is received by Trustee.
(10) That upon written request of Beneficiary stating that all sums secured by this Deed of
Trust have been paid, , and upon payment of Trustee's fees, Trustee will release and
reconvey, without covenant of warranty, express or implied, the Property then
encumbered by the Deed of Trust. The recitals in this reconveyance of any matters or
facts will be conclusive proof of their truthfulness. The Grantee in this reconveyance
may be described as "the person or persons legally entitled thereto."
(11) That as additional security for payment and performance of the obligations secured by
this Deed of Trust, Trustor gives Beneficiary the right, power and authority to collect all
income generated by the Property at any time that Trustor is in default in payment of
any indebtedness secured by this Deed of Trust or in performance of any other
provision of this Deed of Trust. when Trustor is in default, Beneficiary may enter upon
and take possession of the Property or any part of the Property, without notice to
Trustor, and may sue for or otherwise collect any income generated by the Property,
including past due and unpaid rents. Beneficiary may apply the income actually
collected, less costs and expenses of collection, including reasonable attorney's fees,
{00038455. DOCx i z}
Exhibit C to Public improvement Participation Agreement
Town of Marana/Tangerine Ridge Public Improvement Participation Agreement
Deed of Trust and assignment of Rents... Continued
Page 4
upon any indebtedness secured by this Deed of Trust in any order Beneficiary may
determine. None of the actions taken by Beneficiary pursuant to this section 10 will cure
or waive any default or notice of trustee's sale under this Deed of Trust or invalidate any
act done pursuant to notice of trustee's sale.
(12) That upon default by Trustor in payment of any indebtedness secured by this Deed of
Trust or in performance of any provision of this Deed of Trust, Beneficiary may declare
all sums secured by this Deed of Trust immediately due and payable by delivering to
Trustee a written declaration setting forth the Trustor's default and may demand that the
Property be sold pursuant to a trustee's sale. Beneficiary will also deposit with Trustee
this Deed of Trust and all documents evidencing expenditures secured by this Deed of
Trust.
(13) Trustee will record and give notice of trustee's sale in the manner required by law.
Trustee will sell, in the manner required by law, the Property at public auction at the
time and place fixed in the notice of trustee's sale to the highest bidder for lawful money
of the United States, payable at time of sale. Trustee may postpone or continue the sale
by giving notice of postponement or continuance by public declaration at the time and
place last appointed for the sale. Trustee will deliver to the purchaser its deed
conveying the property so sold, but without any covenant or warranty, expressed or
implied. Any person, including Trustor, Trustee, or Beneficiary may purchase at the
trustee's sale.
(14) After deducting all costs, fees and expenses of Trustee and of this Trust, including the
cost of evidence of title in connection with sale and reasonable attorney's fees of
Trustee, Trustee will apply the proceeds of sale to payment of all sums then secured by
this Deed of Trust including all other sums due under the terms of this Deed of Trust. To
the extent permitted by law, an action may be maintained by Beneficiary to recover a
deficiency judgment for any balance remaining unsatisfied after application of the
proceeds of the trustee's sale.
(15) In lieu of sale pursuant to the power of sale conferred by this Deed of Trust, this Deed of
Trust may be foreclosed in the manner provided by law for the foreclosure of mortgages
on real property. Beneficiary also retains all other rights and remedies available to it at
law or in equity. All rights and remedies are cumulative.
(16) That Beneficiary may appoint a successor Trustee in the manner prescribed by law. A
successor Trustee will, without conveyance from the predecessor Trustee, succeed to
all the predecessor's title, estate, rights, powers and duties. Trustee may resign by
mailing or delivering notice of resignation to Beneficiary and Trustor.
(17) That this Deed applies to, inures to the benefit of, and binds all parties to this Deed of
Trust and their heirs, legatees, devisees, administrators, executors, successors and
assigns. Whenever the context requires, the masculine gender includes the feminine
and neuter, and the singular number includes the plural.
(18) Trustee is not obligated to notify any party to this Deed of Trust of a pending sale under
any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or
Trustee are a party. Trustor requests that a copy of any notice of trustee's sale under
{00038455. DOCX 12}
Exhibit C to Public improvement Participation Agreement
Town of Mara na/Tangerine Ridge Public Improvement Participation Agreement
Deed of Trust and Assignment of Rents... Continued
Page 5
this Deed of Trust be mailed to Trustor at the address set forth in the introductory
section of this Deed of Trust .
Trustor:
LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA,
LLC, an Arizona limited liability company, as
trustee under Trust 18227 -T only
am
Its:
NOTARY ACKNOWLEDGMENT(S) TO DEED OF TRUST AND ASSIGNMENT OF RENTS
State of
County of } ss:
The foregoing instrument was acknowledged before me this day of ,
2014 by , the of
LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as
trustee under Trust 18227 -T only.
(Seal)
Notary Public
My commission expires:
{0003$455.DOCx / 2)
Exhibit C to Public Improvement Participation Agreement
File No.: 500- 18458-
EXHIBIT 11 A"
Lot 2, EXCEPT the East 30 feet thereof, and except all that portion thereof within the right of way of
Tangerine Road; AND
The Southwest Quarter of the Northeast Quarter, EXCEPT the East 30 feet thereof, AND
The Southeast Quarter of the Northwest Quarter, all in Section 1, Township 12 South, Range 12 East, Gila
and Salt River Base and Meridian, Pima County, Arizona.
(JV Arb 4,122)
Condition of Title Report
500 -1 8458
Exhibit C to Public Improvement Participation Agreement