HomeMy WebLinkAboutOrdinance 2014.024 DID NOT PASSMARANA ORDINANCE NO. 2014,024
RELATING T O DEVELOPMENT APPROVING A REZONING OF APPROXIMATELY 138
ACRES OF LAND LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD,
WEST OF THE SCENIC DRIVE ALIGNMENT, FROM 'RR' RESORT AND RECREATION
TO 'F' SPECIFIC PLAN FOR THE PURPOSE OF ESTABLISHING THE LAZY K BAR
RANCH SPECIFIC PLAN APPROVING A MINOR AMENDMENT TO THE GENERAL
PLAN AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LAZY
K BAR RANCH DEVELOPMENT AGREEMENT
Ordinance No. 2014.024, scheduled as item A2 for the October 7, 2014 re Council Meetin
re a supermajorit to pass. After a roll call vote, this item failed 5 to 1.
Council Member Bowen A
Council Member Zie A
Council Member Comerford Na
Council Member McGorra
Council Member Kai A
Vice Ma Past Absent
Ma Honea-A
Toc 11
l C.po'nsoA,Town Clerk
MARANA ORDINANCE NO. 2014.024
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 138
ACRES OF LAND LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD,
WEST OF THE SCENIC DRIVE ALIGNMENT, FROM `RR' RESORT AND RECREATION
TO `F" SPECIFIC PLAN FOR THE PURPOSE OF ESTABLISHING THE LAZY K BAR.
RANCII SPECIFIC PLAN; APPROVING A MINOR AMENDMENT TO THE GENERAL
PLAN; AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LAZY
K BAR RANCH DEVELOPMENT AGREEMENT
WHEREAS Racy Associates, Inc. and The Planning Center represent LK13 Ranch, I..,LC,
LKB Hotel, LLC, and LKB Retained Land, LLC, collectively referred to as the "Owner " of 138
acres of property located at the west terminus of Pima Farms Road, west of the Scenic Drive
alignment, within a portion of Section 29, Township 12 South, Range 12 East, (referred to in this
Ordinance as the Rezoning Area), depicted on Exhibit "A" attached to and incorporated in this
Ordinance by this reference; and
WHEREAS the Owner has authorized Racy Associates, Inc. and The Planning Center to
submit applications to rezone 138 acres from `RR' Resort and Recreation to `F' Specific Plan
( "this Rezoning"), amend the Marana 2010 General Plan from Rural Density Residential (RDR)
to Master Planning Area (MPA), and to process a development agreement for the Rezoning
Area; and
WHEREAS the Marana Planning Commission held a public hearing on August 27, 2014,
and voted 5 -0 to recommend that the Town Council approve the Specific Plan and General Plan
Amendment, subject to the recommended conditions; and
WHEREAS the Marana Planning Commission held a public hearing on September 24,
2014, and voted 6 -0 to recommend that the Town Council approve the Lazy K Bar Ranch
Development Agreement, as presented by staff; and
WHEREAS The Marana Mayor and Town Council finds that the Lazy K Bar Ranch
Development Agreement, depicted as Exhibit "B " attached to and incorporated in this Ordinance
by this reference, is consistent with the Marana General Plan with the proposed amendment,
applicable specific plans, and relevant Town policies; and
WHEREAS the Marana Mayor and Town Council finds that the Lazy K Bar Ranch
Development Agreement is in the best interest of the Town and its citizens; and
WHEREAS the Marana Mayor and Town Council held a public hearing on October 7,
2014 and determined that the Specific Plan should be approved; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Marana Ordinance No. 2414 -424 - 1 - 9125124 12:16 I'M BI)V /FJC
Section 1. The zoning of the Rezoning Area is hereby changed from `RR' Resort and
Recreation to `F' Specific Pan, creating the Lazy K Bar Ranch Specific Plan, attached to and
incorporated in this ordinance by this reference.
Section Z. A minor amendment to the General Plan is hereby approved, changing the
land use plan category for the Rezoning Area from Rural Density Residential (RDR) to Master
Planning Area (MPA).
Section 3. The Lazy K Bar Ranch Development Agreement is hereby approved in the
form attached to and incorporated by this reference in this ordinance as Exhibit B.
Section 4. The Mayor is hereby authorized and directed to execute the Lazy K Bar Ranch
Development Agreement for and on behalf of the Town of Marana.
Section 5. This Rezoning is sub* ect to the following conditions, the violation of which
shall be treated in same manner as a violation of the Town of Marana Land Development Code
(but which shall not cause a reversion of this rezoning ordinance):
1. Compliance with all 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.
Z. The owner shall be responsible for the dedication of right- of-way and the design and
construction of the improvements for the extension of Scenic Drive, as well as other
public infrastructure, in accordance with the Lazy K. Bar Ranch Development Agreement.
3. when there is a public trail easement on the adjacent property located west of the Lazy K
Bar Ranch Specific Plan area, the owner of the Lazy K Bar Ranch shall grant to the Town
an easement for the construction and maintenance of a public trail accessible by the
general public through the Lazy K Bar Ranch Property. The general alignment of the trail
is delineated in the specific plan and detailed in the Lazy K Bar Development Agreement.
4. A drainage report must be submitted by the developer and accepted by the Town
Engineer prior to Town approval of a preliminary plat.
5. The final design of all streets and circulation facilities, including the gated access and
emergency access, must be accepted by the Northwest Fire District prior to Town
Council consideration of the final plat.
6. The maximum number of residential lots shall not exceed 178.
7. 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.
8. The property is within the intended water service area of the Town of Marana. Prior to
approval of the preliminary plat, the Developer will subunit a water Infrastructure and
Phasing Plan (wIP), identifying water use, fire flow requirements, and all major on -site
and off-site water facilities needed to serve the development, including but not limited to,
Marana ordinance No. 2014-024 -2- 9/25/2014 12.16 I'M BDVIFJC
well source, reservoir, and booster station infrastructure. This plan will be the basis for a
Water Service Agreement for the project.
9. The property owner shall transfer to Marana, by the appropriate Arizona Department of
Water Resources form, those water rights being IGR, Type I or Type I1 for the Town
providing designation of assured water supply and water service to said property. If Type
I or Type II is needed on said property, the Town and developer /landowner shall arrive at
an agreeable solution to the use of those water rights appurtenant to said land.
10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the developer
and accepted by the wastewater provider prior to the approval of any final plat or
development plan.
11. Prior to the issuance of any grading permits for this project, evidence shall be submitted
to the Town that all federal permit regulations have been met through the Army Corps of
Engineers and the State Historic Preservation Office.
12. Prior to the issuance of any grading permits for this project, evidence shall be submitted
to the Town that a 100 percent area survey has been completed by a qualified wildlife
biologist for the Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site
shall be relocated at the expense of the developer.
13. An annual report shall be submitted within 30 days of the anniversary of the Town
Council's approval of the Lazy K Bar Ranch Specific Plan in accordance with the
requirements defined in the Land Development Code.
14. Upon adoption of the Rezoning ordinance by the Mayor and Council approving the Lazy
K Bar Specific Plan, the applicant shall provide the Planning Department with the
following: one non -bound original; twelve bound copies; and, ten electronic copies on
CD in PDF format.
Section f. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of this ordinance.
Section 7. 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 7t" day of October, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town. Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2014 -024 -3 - 9/25/2014 12:161 BI)V /FJC
No. 475 - 5536523
EXHIBIT "All
PARCEL NO. 1;
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER. OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A
DISTANCE OF 2643.15 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF 34.00 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST, 113.27 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3713.20
FEET, WITH A CHORD OF NORTH 88 DEGREES 37 MINUTES 04 SECONDS A DISTANCE OF 192.40 FEET,
AND A CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 192.42
FEET TO THE POINT OF BEGINNING ON THE ARC OF A NON TANGENT CURVE CONCAVE TO THE
NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH
85 DEGREES 10 MINUTES 56 SECONDS EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
189.43 FEET, WITH A CHORD OF SOUTH 31 DEGREES 58 MINUTES 04 SECONDS WEST, 172.88 FEET,
AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53
FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 371.52
FEET, WITH A CHORD OF SOUTH 20 DEGREES 43 MINUTES 32 SECONDS WEST, A DISTANCE OF 461.45
FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF
497.88 FEET TO A NON - TANGENT LINE;
THENCE SOUTH 84 DEGREES 03 MINUTES 26 SECONDS WEST, A DISTANCE OF 311.38 FEET;
THENCE NORTH 84 DEGREES 34 MINUTES 37 SECONDS WEST, A DISTANCE OF 315.23 FEET;
THENCE SOUTH 21 DEGREES 59 MINUTES 56 SECONDS WEST, A DISTANCE OF 369.74 FEET;
THENCE SOUTH 10 DEGREES 56 MINUTES 46 SECONDS EAST, A DISTANCE OF 393.95 FEET TO THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE
OF 731.21 FEET;
THENCE NORTH 09 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF 459.19 FEET TO A
POINT ON THE ARC OF A NON - TANGENT CURVE, CONCAVE TO THE NORTHEAST, A RADIAL LINE OF
SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 09 DEGREES 11 MINUTES 45
SECONDS EAST;
THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A
RADIUS OF 150.00 FEET, WITH A CHORD OF NORTH 44 DEGREES 35 MINUTES 38 SECONDS WEST, A
DISTANCE OF 244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR
AN ARC DISTANCE OF 285.94 FEET TO A POINT OF TANGENCY;
No. 475- 5536523
THENCE NORTH 10 DEGREES 00 MINUTES 29 SECONDS EAST, A DISTANCE OF 138.16 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 565.13
FEET, WITH A CHORD OF NORTH 01 DEGREES 22 MINUTES 33 SECONDS EAST, A DISTANCE OF 109.64
FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF
170.29 FEET TO A NON - TANGENT LINE;
THENCE SOUTH 69 DEGREES 34 MINUTES 40 SECONDS EAST, A DISTANCE OF 388.00 FEET;
THENCE NORTH 44 DEGREES 35 MINUTES 41 SECONDS EAST, A DISTANCE OF 236.71 FEET;
THENCE NORTH 15 DEGREES 44 MINUTES 50 SECONDS EAST, A DISTANCE OF 352.34 FEET;
THENCE SOUTH 74 DEGREES 15 MINUTES 10 SECONDS EAST, A DISTANCE OF 113.22 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 311.26 FEET,
WITH A CHORD OF NORTH 88 DEGREES 17 MINUTES 59 SECONDS EAST, A DISTANCE OF 186.65 FEET,
AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57
FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 1157.33
FEET, WITH A CHORD OF NORTH 83 DEGREES 11 MINUTES 23 SECONDS EAST, A DISTANCE OF 494.57
FEET, AND A CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF
498,42 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 84 DEGREES 28 MINUTES 22 SECONDS EAST, A DISTANCE OF 158.24 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 3713.20
FEET, WITH A CHORD OF 85 DEGREES 48 MINUTES 11 SECONDS EAST, A DISTANCE OF 172.39 FEET,
AND A CENTRAL ANGLE OF 02 DEGREES 39 MINUTES 37 SECONDS FOR AN ARC DISTANCE OF 172.41
FEET TO THE POINT OF BEGINNING.
PARCEL NO. 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY;
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, BEING A STRIP OF LAND 50.00
FEET WIDE LYING 25.00 FEET ONE EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST 2,643.15
FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST 30,00 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST 113.27 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3
FEET, WITH A CHORD OF NORTH 88 DEGREES 37 MINUTES 04 SECONDS WEST 192.40 FEET, AND A
No. 475- 5536523
CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 192.42 FEET TO
A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH, SAID POINT
BEING KNOWN AS "POINT 2094 ";
THENCE CONTINUE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
3,713.20 FEET, WITH A CHORD OF NORTH 85 DEGREES 48 MINUTES 11 SECONDS WEST 172.39 FEET,
AND A CENTRAL ANGLE OF 02 DEGREES 39 MINUTES 37 SECONDS FOR AN ARC DISTANCE OF 172.41
FEET TO A POINT OF TANGENCY;
THENCE NORTH 84 DEGREES 28 MINUTES 22 SECONDS (NEST 158.24 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1,157.33
FEET, WITH A CHORD OF SOUTH 83 DEGREES 11 MINUTES 23 SECONDS VILEST 494.57 FEET, AND A
CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF 498.42 FEET TO
A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 311.26
FEET, WITH A CHORD OF SOUTH 88 DEGREES 17 MINUTES 59 SECONDS WEST 156,65 FEET, AND A
CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57 FEET TO
A POINT OF TANGENCY;
THENCE NORTH 74 DEGREES 15 MINUTES 10 SECONDS VILEST 227.65 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 590.08
FEET, WITH A CHORD OF NORTH 81 DEGREES 58 MINUTES 25 SECONDS WEST 158.55 FEET, AND A
CENTRAL ANGLE OF 15 DEGREES 26 MINUTES 29 SECONDS FOR AN ARC DISTANCE OF 159.03 FEET TO
A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 41 MINUTES 39 SECONDS WEST 109.07 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 330.00
FEET, WITH A CHORD OF NORTH 81 DEGREES 53 MINUTES 15 SECONDS WEST 89.65 FEET, AND A
CENTRAL ANGLE OF 15 DEGREES 36 MINUTES 48 SECONDS FOR AN ARC DISTANCE OF 89.93 FEET TO
A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE OF
SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 73 DEGREES 52 MINUTES 07
SECONDS EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
200.00 FEET, WITH A CHORD OF SOUTH 31 DEGREES 15 MINUTES 47 SECONDS VILEST 104.42 FEET,
AND A CENTRAL ANGLE OF 30 DEGREES 15 MINUTES 49 SECONDS FOR AN ARC DISTANCE OF 105.64
FEET TO A POINT OF TANGENCY;
THENCE'SOUTH 46 DEGREES 23 MINUTES 42 SECONDS VILEST 113.76 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 142.30
FEET, WITH A CHORD OF SOUTH 19 DEGREES 34 MINUTES 09 SECONDS WEST 128.43 FEET, AND A
CENTRAL ANGLE OF 53 DEGREES 39 MINUTES 05 SECONDS FOR AN ARC DISTANCE OF 133.25 FEET TO
A POINT OF TANGENCY;
THENCE SOUTH 07 DEGREES 15 MINUTES 23 SECONDS EAST 151.20 FEET TO A POINT OF CURVATURE
OF A TANGENT CURVE CONCAVE TO THE WEST;
No. 475 - 5536523
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 565.13
FEET, WITH A CHORD OF SOUTH 01 DEGREES 22 MINUTES 33 SECONDS WEST 169.64 FEET, AND A
CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 170,29 FEET TO
A POINT OF TANGENCY;
THENCE SOUTH 10 DEGREES 00 MINUTES 29 SECONDS WEST 138.16 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A
RADIUS OF 150.00 FEET, WITH A CHORD OF SOUTH 44 DEGREES 35 MINUTES 38 SECONDS EAST
244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC
DISTANCE OF 285.94 FEET TO THE POINT OF TERMINATION ON A NON - TANGENT LINE;
THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE
POINTS;
TOGETHER WITH A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT SAID "POINT 2094 ", SAID POINT BEING ON THE ARC OF A NON- TANGENT CURVE
CONCAVE TO THE NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A
BEARING OF SOUTH 85 DEGREES 10 MINUTES 56 SECONDS EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
189.43 FEET, WITH A CHORD OF SOUTH 31 DEGREES 58 MINUTES 04 SECONDS WEST 172,88 FEET,
AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53
FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 371.52
FEET, WITH A CHORD OF SOUTH 20 DEGREES 43 MINUTES 32 SECONDS WEST 461.45 FEET, AND A
CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF 497.88 FEET TO
THE POINT OF TERMINATION ON A NON-TANGENT LINE;
THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE
POINTS.
PARCEL NI0. 3:
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A
DISTANCE OF 2,643.15 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, 30.00 FEET TO THE POINT OF
BEGINNING ON A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 00 DEGREES 06 MINUTES 08 SECONDS EAST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 1305,29 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 29;
THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE
OF 1,250.00 FEET;
No. 475 - 5536523
THENCE NORTH 10 DEGREES 56 MINUTES 46 SECONDS WEST, A DISTANCE OF 393,95 FEET;
THENCE NORTH 21 DEGREES 59 MINUTES 56 SECONDS EAST, A DISTANCE OF 369.74 FEET;
THENCE SOUTH 84 DEGREES 34 MINUTES 37 SECONDS EAST, A DISTANCE OF 315.23 FEET;
THENCE NORTH 84 DEGREES 03 MINUTES 26 SECONDS EAST, A DISTANCE OF 311.35 FEET TO A
POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 72 DEGREES 20 MINUTES 01 SECONDS
WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 371.52
FEET, WITH A CHORD OF NORTH 20 DEGREES 43 MINUTES 32 SECONDS EAST, A DISTANCE OF 451.45
FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF
497,88 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE
NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF
189.43 FEET, WITH A CHORD OF NORTH 31 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF
172.88 FEET AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE
OF 179.53 FEET TO A POINT ON THE ARC OF A NON-- TANGENT CURVE CONCAVE TO THE NORTH, A
RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 02 DEGREES 52
MINUTES 01 SECONDS WEST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT", HAVING A RADIUS OF 3
FEET, WITH A CHORD OF SOUTH 88 DEGREES 37 MINUTES 04 SECONDS EAST, A DISTANCE OF 192.40
FEET AND A CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AND ARC DISTANCE OF
192.42 FEET TO A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 53 MINUTES 52 SECONDS EAST, A DISTANCE OF 113.27 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID LAND AS CONVEYED TO THE TOWN OF MARANA IN
GIFT DEED RECORDED AS DOCKET 13126, PAGE 490, RECORDS OF PIMA COUNTY, ARIZONA.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND LYING WITHIN AND SOUTHERLY OF
THE NORTH LINE, OF THE PARCEL OF LAND CONVEYED TO RANCHO MANANA WEST, LLC, AN ARIZONA
LIMITED LIABILITY COMPANY IN SPECIAL WARRANTY DEED RECORDED AS DOCKET 13044, PAGE 3720,
RECORDS OF PIMA COUNTY, ARIZONA. SAID NORTH LINE TO BE EXTENDED OR SHORTENED AT TO
TERMINATE ON THE WESTERLY AND EASTERLY BOUNDARY LINES OF SAID LAND ABOVE DESCRIBED.
TOGETHER WITH THAT PORTION OF ABANDONED SCENIC DRIVE CONTIGUOUS TO THE EAST LINE OF
THE ABOVE DESCRIBED PROPERTY, AS SET FORTH IN DEED OF ABANDONMENT FROM THE TOWN OF
MARANA RECORDED AS DOCKET 12413, PAGE 3547, RECORDS OF PIMA COUNTY, ARIZONA.
PARCEL NO. 4:
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A
DISTANCE OF 2,643,15 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE
POINT OF BEGINNING;
No. 475 -- 5536523
THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST, A DISTANCE OF 113.27 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3
FEET, WITH A CHORD OF NORTH 87 DEGREES 17 MINUTES 15 SECONDS WEST, A DISTANCE OF 364.68
FEET AND A CENTRAL ANGLE OF 05 DEGREES 37 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF
364.83 FEET TO A POINT OF TANGENCY;
THENCE NORTH 84 DEGREES 28 MINUTES 22 SECONDS WEST, A DISTANCE OF 158.24 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH,
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1
FEET, WITH A CHORD OF SOUTH 83 DEGREES 11 MINUTES 23 SECONDS WEST, A DISTANCE OF 494.57
FEET AND A CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF
498.42 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 311.26
FEET, WITH A CHORD OF SOUTH 88 DEGREES 17 MINUTES 59 SECONDS WEST, A DISTANCE OF 186.65
FEET, AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF
189.57 FEET TO A POINT OF TANGENCY;
THENCE NORTH 74 DEGREES 15 MINUTES 10 SECONDS WEST, A DISTANCE OF 113.22 FEET;
THENCE SOUTH 15 DEGREES 44 MINUTES 50 SECONDS WEST, A DISTANCE OF 352.34 FEET;
THENCE SOUTH 44 DEGREES 35 MINUTES 41 SECONDS WEST, A DISTANCE OF 236.71 FEET;
THENCE NORTH 69 DEGREES 34 MINUTES 40 SECONDS WEST, A DISTANCE OF 388.04 FEET TO A
POINT ON THE ARC OF A NON- - TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT" HAVING A BEARING OF NORTH 82 DEGREES 44 MINUTES 37 SECONDS
EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 565.13
FEET, WITH A CHORD OF SOUTH 01 DEGREES 22 MINUTES 33 SECONDS WEST, A DISTANCE OF 169.64
FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF
170.29 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 10 DEGREES 00 MINUTES 29 SECONDS WEST, A DISTANCE OF 138.16 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 150.00 FEET, WITH A CHORD OF SOUTH 44 DEGREES 35 MINUTES 38 SECONDS EAST, A DISTANCE
OF 244.54 FEET, AND A CENTRAL ANGLE OF 149 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC
DISTANCE OF 285.90 FEET TO A NON - TANGENT LINE;
THENCE SOUTH 09 DEGREES 26 MINUTES 54 SECONDS WEST, A DISTANCE OF 459.19 FEET TO THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE
OF 630.64 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 00 DEGREES 04 MINUTES 13 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE
OF 1,308.33 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 29;
THENCE NORTH 00 DEGREES 04 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF THE
No. 475- 5536523
NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF 1,317.92 FEET TO THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29;
THENCE NORTH 89 DEGREES 57 MINUTES 34 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE
OF 2,610.54 FEET TO A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
NORTHWEST QUARTER;
THENCE SOUTH 00 DEGREES 05 MINUTES 54 SECONDS EAST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 1,321.01 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF ABANDONED SCENIC DRIVE AS SET FORTH IN DEED OF
ABANDONMENT FROM THE TOWN OF MARANA RECORDED AS DOCKET 12413, PAGE 3547, RECORDS
OF PIMA COUNTY, ARIZONA,
EXCEPTING THEREFROM, THAT PORTION OF SAID LAND AS CONVEYED TO THE TOWN OF MARANA IN
GIFT DEED RECORDED AS DOCKET 13126, PAGE 490, RECORDS OF PIMA COUNTY, ARIZONA.
WHEN RECORDED, RETURN TO:
Marana Town Clerk
11555 west Civic Center Drive
Marana, Arizona 85653
LAZY K BAR RANCH DEVELOPMENT AGREEMENT
TowN OF MARANA, ARIZONA
THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered into by and
between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and
LICE RANCH, LLC, an Arizona lira * ted liability company ( Ranch"), LKB HOTEL,
LLC, an Arizona limited liability company ( "'LKB Hotel"), and LKB RETAINED LAND,
LLC ( "'LKBRL "), an Arizona limited liability company. LKB Ranch, LKB Hotel, and
LKBRL are collectively referred to as the "owner." The Town and the owner are
sometimes collectively referred to as the "Parties," either one of which is sometimes
individually referred to as a "'Party."
RECITALS
A. LKB Ranch is the current owner of a parcel of land bearing Pima county
Assessors parcel number 221-- 22 -013E and referred to in this Agreement as the "Ranch
Parcel," described as Parcels 2, 5, 6, and 7 in Exhibit A to this Agreement. LKB Hotel is
the current owner of a parcel of land bearing Pima county Assessor's parcel number
221-- 22 -013B and referred to in this Agreement as the "Hotel Parcel," described as
Parcel 1 in Exhibit A to this Agreement. LKBRL is the current owner of parcels of land
bearing Pima county Assessor's parcel numbers 221-- 22 -013F and 221- 22 -013G and
referred to in this Agreement together as the "'LKBRL Parcel," described as Parcel 3 in
Exhibit A to this Agreement. The Ranch Parcel, the Hotel Parcel and the LKBRL Parcel
are referred to in this Agreement collectively as the "Owner's Land." The owner's Land
is located west of the Scenic Drive alignment and its intersection with Pima Farms
Road.
B. The Owner's Land is the Project Site depicted in the Lazy K Bar Ranch Specific
Plan adopted by Town of Marana ordinance No. 2014.
C. The Parties anticipate that the Owner will develop the Owner's Land into a
project containing, a residential subdivision containing 178 lots and other uses consistent
with the Lazy K Bar Ranch Specific Plan and this Agreement (the "Development " ).
D. In comiection with the Development, the Town has requested the Owner to
construct an extension of Scenic Drive on and off --site of Owner's Land from a point
(00039097. DOCx / 51 L Azy K 13 AR R ANC -i DENELOPWNT A GRETWENT 9/16/2014 3:27 PM
Exhibit "
GP
approximately 400 feet south of Silverbell Road to the intersection of Pinta Farms Road,
as depicted on Exhibit B to this Agreement. The Owner is willing to dedicate a portion
of the Owner's Land (the "New Right -of -Way" legally described in Exhibit C to this
Agreement) and to construct the extension of Scenic Drive and related infrastructure
improvements on the terms and conditions set forth in this Agreement. The
improvements are referred to in this Agreement as the "Scenic Drive Improvements"
and are described in Exhibit D to this Agreement, which also includes additional terms
and conditions concerning the Scenic Drive Improvements.
E. The Development is in compliance with the Town's adopted and approved
General Plan (as defined in A.R.S. § 9 -461).
F. The Development is in compliance with the Lazy K Bar Ranch Specific Plan.
G. The Town is authorized by A.R.S. § 9- 500.05 to enter into a development
agreement with a landowner or other person or entity having an interest in real
property located within the Town to facilitate development of the property by
providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure.
H. The Town has determined that the reopening of Scenic Drive is in the best
interest of the region and will enhance circulation for the broader community.
I. Reopening Scenic Drive will benefit the Development and enhance overall traffic
circulation within the area.
J. The Town entered into a Pre - Annexation and Development Agreement with LKB,
L.L.C., an Arizona limited liability company, recorded in the office of the Recorder of
Pima county, Arizona, on November 29, 2001, at Docket 11685, Page 3367 (the "2001
DADA ").
K. The land area covered by the 2001 PADA included all of the Owner's Land which
is the subject of this Agreement, plus some additional land not included in this
Agreement.
L. As it applies to the owner's Land, the Parties intend to terminate, supersede, and
replace the 2001 PADA with this Agreement except as specifically provided in this
Agreement.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this Agreement as though fully restated here, and the mutual covenants set forth in
this Agreement, the Parties hereby agree as follows:
1. Term. This Agreement shall become effective upon the later of its execution by all
the Parties and the effective date of the Town council ordinance approving this
Agreement (the "Effective Date"). The term of this Agreement shall begin on the
Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall
automatically terminate and shall thereafter be void for all purposes on the 15th
100039097.DOCx / 5} LAzy K BAR RANCH DEVELOPMEN'r AGREEME NT 9/16/2014 3:27 PM
-2-
anniversary of the Effective Date. The Town's reimbursement obligations under
paragraph 10 below shall terminate when the Town has reimbursed the owner for all of
the Town's Share of Public Improvement Costs or on the 15th anniversary of the
Effective Date, whichever occurs first.
2. Construction of Scenic Drive Improvements. As a condition of the Town's approval of
the Development, and not as a separate legal obligation, the Owner must substantially
complete construction of the Scenic Drive Improvements before seeking occupancy of
any structure authorized by the Lazy K Bar Ranch Specific Plan other than model
homes. Model home lots may not be sold until they have been released from
subdivision assurances.
3. Dedication of right- of -u)ay. maintenance. The owner shall dedicate the New Right --of --
Way to the Town upon completion of the Scenic Drive ImE.provements or as part of the
final plat for the Development, whichever occurs first. once the Scenic Drive
Improvements are completed by the Owner and accepted by the Town, and the
warranty has expired, the Town shall have full maintenance responsibility for the
Scenic Drive Improvements. In exchange for and concurrently with the owner's
dedication of the New Right-of-Way to the Town, the Town shall abandon to the owner
pursuant to A.R.S. § 28 -7203 the portion of the cul -de -sac bulb of right -of -way near the
northeast corner of the owner's Land that lies outside the 60-foot public right -of -way,
as described and depicted in Exhibit E to this Agreement.
4. Definitions. The following definitions shall apply to this Agreement:
(A) "Construction Sales Tax Revenues" mean those portions of the Town's
transaction privilege taxes (currently 4 %) generated pursuant to Section 8 -415 or
8 -416 of the Marana Tax Code (or corresponding sections of successor codes) from
construction contracting or speculative builder activities occurring as part of the
Development (including but not limited to the construction of the Scenic Drive
Improvements).
(B) "Development" is defined in recital C above.
(C) "Development Regulations" is defined in paragraph 5 below.
(D) "Owner's Lana." is defined in recital A above.
(E) "Public Improvement Costs" means all costs, expenses, fees, transaction
privilege taxes and charges actually incurred and paid by or on behalf of the owner
to contractors, architects, engineers, surveyors, governmental agencies, other
professionals and consultants, and other third parties for materials, labor, planning,
design, engineering, surveying, site excavation and preparation, governmental
permits and payments, payment and performance bonds, other professional
services, and all other costs and expenses related or incidental to and reasonably
necessary for, the acquisition, improvement, construction, installation, or provision
of the Scenic Drive Improvements and warranting them for one year after
completion.
100039097.DOCX / 5) LLAZY K BAR RANci i DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
-3-
(F) "Reimbursement Account" means a separate account within the Town's
General Fund or accounted for by an appropriate book or ledger entry designation
for the purpose of making Reimbursement Payments.
(G) "Reimbursement Payments" is defined in paragraph 10 below.
(H) "Scenic Drive Improvements" is defined in recital D above and described in
Exhibit D to this Agreement.
M "Town's Share of Public Improvement Costs" means 40% of all Public
Improvement Costs.
5. Development regulations. The Development shall be governed by the Lazy K Bar
Ranch Specific Plan. The Marana Land Development Code, including the written rules,
regulations, substantive procedures, and policies relating to development of land,
adopted or approved by the Mayor and Council (collectively the "Marana Development
Code ") in effect on the Effective Date shall apply to the extent not covered by the Lazy
K Bar Ranch Specific Plan or this Agreement. The requirements of this paragraph are
collectively referred to as the "Development Regulations." In the event of any express
conflict,
(A) The Lazy K Bar Ranch Specific Plan shall control over the terms of the
Marana Development Code on all matters;
(S) The Lazy K Bar Ranch Specific Plan and the Marana Development Code shall
control over the terms of this Agreement as to any zoning or other legislative matter;
and
(C) This Agreement shall control over the terms of the Lazy K Bar Ranch Specific
Plan and the Marana Development Code as to any administrative or procedural
matter.
6. Development revieu). The Development shall be developed in a manner consistent
with the Development Regulations and this Agreement, which together establish the
basic land uses, and the densities, intensities and development regulations that apply to
the land uses authorized for the Development. Upon the Owner's compliance with the
applicable development review and approval procedures and substantive requirements
of the Development Regulations, the Town agrees to issue such permits or approvals
for the Development as may be requested by the Owner.
7. Public improvements construction and reimbursement. As a condition precedent to
receiving Reimbursement Payments under paragraph 10 of this Agreement, and not as
a separate contractual obligation, the Owner shall, in conjunction with its construction
of the Development and in accordance with the State of Arizona and the Town public
infrastructure construction procurement laws and procedures:
(A) Design and construct the Scenic Drive Improvements; and
(B) Pay all Public Improvement Costs as they become due.
100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
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8. Reimbursement amount. The Town shall make Reimbursement Payments to the
Owner for the Town's Share of Public Improvement Costs pursuant to paragraph 10
below. The Owner shall submit to the Town quarterly statements showing the actual
Public Improvement costs incurred and paid to date for the Scenic Drive
Improvements. Quarterly statements shall be provided until the total amount of all
Reimbursement Payments to the Owner equals the Town's Share of Public
Improvement costs, when the Owner shall provide a final statement to the Town
within 60 days. The Owner shall provide the Town with invoices or other backup
information reasonably requested by the Town to confirm the accuracy of the Owner's
quarterly statement of costs and contributions or credits.
9. Reimbursement account. The Town shall deposit the Construction Sales Tax
Revenues into the Reimbursement Account as they are received from the Arizona
Department of Revenue, beginning with the first such revenues generated from the
Development and ending upon the expiration of this Agreement. Funds in the
Reimbursement Account shall be reimbursed to the Owner pursuant to paragraph 10
below.
10. Reimbursement payments. The Town shall pay the Owner within the first 30 days
of each calendar quarter the lesser of (1) the Town's Share of Public Improvement costs
and (ii) all funds in the Reimbursement Account ("'Reimbursement Payments ") .
Reimbursement Payments shall begin the first calendar quarter after all of the following
have occurred: (a) the Owner has incurred Public Improvement Costs for the Scenic
Drive Improvements; (b) the Owner has submitted the first quarterly statement
pursuant to paragraph S above; and the Town has received construction Sales Tax
Revenues generated by the Development. Any funds accrued in the Reimbursement
Account and owed to the Owner for the Town's Share of Public improvement Costs but
not yet disbursed to the Owner upon the expiration of this Agreement shall be paid to
the Owner within 30 days after the expiration of this Agreement.
11. Oumer audit. Not more than once each calendar year, the owner may, at its oven
cost, audit Town sales tax returns and other appropriate financial records of the Town
to assure prompt and accurate deposit into the Reimbursement Account of all revenues
as required pursuant to this Agreement. The Owner audit authorized by this paragraph
shall be subject to all applicable laws that may prohibit or limit the dissemination or use
of transaction privilege tax and related information. Before the Owner audit occurs, the
Owner shall obtain and provide to the Town written waivers of confidentiality
sufficient to satisfy the requirements of Arizona Revised Statutes § 42- 2003(A )(6) from
each taxpayer whose sales tax returns and other financial records are provided by the
Town in connection with the audit.
12. Annual report. Within 45 days following the end of each Town fiscal year, the
Town shall deliver to the Owner a report of all Construction Sales Tax Revenues
generated by or attributable to the Development which have been utilized by the Town
in determining the amount deposited into the Reimbursement Account. The report shall
(00039097.DOCX / 5) LAZY K BAR RANCH DT:vELDPMLN'r AGREEMENT 9/16/2014 3:27 PM
5-
be restricted to information that may be released by the Town without violating
applicable laws that may prohibit or limit the dissemination or use of transaction
privilege tax and related information. The report will not contain information capable of
identifying confidential information of any particular taxpayer unless and until the
Owner has obtained and provided to the Town written waivers of confidentiality
sufficient to satisfy the requirements of Arizona Revised Statutes § 42- 2003(A )[6) from
each taxpayer whose confidential information is revealed in the report.
13. Limitations. During the Term of this Agreement, the Town shall not enter into
any agreement or transaction which impairs the rights of the Owner under this
Agreement, including, without limitation, the right to receive the Reimbursement
Payments and the proceeds of the Reimbursement Account in accordance with the
procedures established in this Agreement.
14. Contractor and subcontractor disaggregation of tax information for the Development; re-
lease of tax information. The Owner shall require each contractor and subcontractor re-
sponsible for the payment of construction sales tax for work attributable to the Devel-
opment to separately report construction sales tax attributable to the Development. The
Owner shall exercise reasonable efforts to obtain from each contractor and subcontrac-
tor doing work attributable to the Development a consent to release of tax information
in a form reasonably acceptable to the Town. If the separate report required by this
paragraph is not provided to the Town, the Town shall make a reasonable estimate of
the Construction Sales Tax Revenues derived from the Development based on all in-
formation available to the Town, including information provided by the Owner, and the
good faith certification by the Town's Finance Director shall be considered final and
binding upon the Owner. The final certification of the Town's Finance Director shall be
subject to all applicable laws that may prohibit or limit the dissemination or use of
transaction privilege tax and related information.
15. Permit and review fee waiver. The Town will waive 40% of all plan review fees and
inspection and construction permit fees for the Scenic Drive Improvements.
16. Tou7n review and approval of plans. Except as expressly provided in this
Agreement, the development and construction of the Scenic Drive Improvements is
subject to the Town's normal plan submittal, review and approval procedures and
construction inspection requirements.
17. Development impact fees. Nothing in this Agreement shall be construed as a waiver
or reduction of development impact fees properly adopted by the Town pursuant to
A.R.S. § 9-- 463.05 and applicable to the Development.
18. Public trail dedication. when there is a public trail easement on the adjacent
property located west of the Owner's Land that connects to the Owner's Land, the
Owner shall grant to the Town a permanent public trail easement in the designated
open space in close proximity to the north boundary of the Owner's Land, extending
from the east property boundary to the west property boundary of the Owner's Land.
This trail easement shall generally follow the existing trail alignment to the extent it is
100039097.DOCX / 5) LA7Y K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
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proximate to the northern boundary of the Owner's Land and complies with the design
goals set forth in this paragraph.. The easement shall be the minimum width necessary
for the Town to construct and maintain a sustainable public trail, as reasonably
determined by the Town of Marana Parks and Recreation Department, but in any event
not wider than 30 feet (except by the Owner's consent). To the greatest extent
reasonably possible, the grade and layout of the trail shall be designed so that water
generally runs across the tread rather than down the tread. Based on direction and
feedback provided by the Town of Marana Parks and Recreation Department, the
Owner shall identify and reserve the easement on the subdivision plat for the
Development. The trail easement shall be granted after the Town constructs the trail
and the constructed trail alignment is legally described to the Parties' satisfaction based
on survey or Global Positioning System equipment.
19. ,effect on the 2001 PADA. This Agreement terminates, supersedes, and replaces
the 2001 DADA as it applies to the Owner's Land except as follows:
(A) The provisions of subparagraph 3.2, relating to the oversizing of Town public
water facilities, shall continue to apply to the owner's Land.
(B) The Owner may continue to use the existing wells on the owner's Land
referred to in Section 6 of the DADA for construction and irrigation water until
completion of the development of the owner's Land.
20. Cooperation and alternative dispute resolution.
(A) Appointment of representatives. To further the commitment of the Parties to
cooperate in the progress of the Development, the Town and the owner each shall
designate and appoint a representative to act as a liaison between the Town and its
various departments and the owner. The initial representative for the Town (the
"Town Representative ") shall be the Town Manager, and the initial representative
for the Owner shall be James Shiner or a replacement to be selected by the Owner.
The representatives shall be available at all reasonable times to discuss and review
the performance of the Parties and the Development.
(B) Von- performance; remedies. If either Party does not perform under this
Agreement (the "Non - Performing Party ") with respect to any of that Party's
obligations under this Agreement, the other Party (the "Demanding Party ") shall be
entitled to give written notice in the manner prescribed in paragraph 21 below to the
Non - Performing Party, which notice shall state the nature of the non-- performance
claimed and make demand that such non - performance be corrected. The Non- -
Performing Party shall then have (1)15 days from the date of the notice within which
to correct the non- performance if it can reasonably be corrected by the payment of
money, or (11) 30 days from the date of the notice to cure the non -- performance if
action other than the payment of money is reasonably required, or if the non- -
monetary non- performance cannot reasonably be cured within 30 days, then such
longer period as may be reasonably required, provided and so long as the cure is
promptly commenced within 30 days and thereafter diligently prosecuted to
100039097.DOCX / 5) LA7Y K BAR RANCH DEVELOPMEN'r AGREEMENT 9/16/201 -4 3:27 PM.
-7-
completion. If any non- performance is not cured within the applicable time period-
set forth in this paragraph, then the Demanding Party shall be entitled to begin the
mediation and arbitration proceedings set forth in this paragraph. The Parties agree
that due to the size, nature and scope of the Development, and due to the fact that it
may not be practical or possible to restore the property to its condition prior to
Owner's development and improvement work, once implementation of this
Agreement has begun, money damages and remedies at law will likely be
inadequate and that specific performance will likely be appropriate for the non-
performance of a covenant contained in this Agreement. This paragraph shall not
limit any contract or other rights, remedies, or causes of action that either Party may
have at law or in equity.
(C) Mediation. If there is a dispute under this Agreement which the Parties cannot
resolve between themselves, the Parties agree that there shall be a 45-day
moratorium on arbitration during which time the Parties agree to attempt to settle
the dispute by nonbinding mediation before commencement of arbitration. The
mediation shall be held under the commercial mediation rules of the American
Arbitration Association. The matter in dispute shall be submitted to a mediator
mutually selected by the owner and the Town. If the Parties cannot agree upon the
selection of a mediator within seven days, then within three days thereafter the
Town and the owner shall request the presiding judge of the Superior Court in and
for the County of Pima, State of Arizona, to appoint an independent mediator. The
mediator selected shall have at least five years' experience in mediating or
arbitrating disputes relating to real estate development. The cost of any such
mediation shall be divided equally between the Town and the owner. The results of
the mediation shall be nonbinding on the Parties, and any Party shall be free to
initiate arbitration after the moratorium.
(D) Arbitration. After mediation, as provided for in this paragraph 16, any
dispute, controversy, claim or cause of action arising out of or relating to this
Agreement shall be settled by submission of the matter by both Parties to binding
arbitration in accordance with the rules of the American Arbitration Association and
the Arizona Uniform Arbitration Act, A.R.S. § 12.501 et sect., and judgment upon the
award rendered by the arbitrator(s) may be entered in a court having jurisdiction.
21. Notices. All notices, requests and other communications under this Agreement
shall be given in writing and either (1) personally served on the party to whom it is
given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt
requested, or (iii) sent by private overnight courier such as Federal Express or Airborne,
or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile
transmission is mailed on the date of such transmission), addressed as follows:
100039097.1)OCX / 51 LA7Y K BAR RANCli DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
-8-
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, Bldg. A3
Marana, Arizona 85653 -7006
Telephone: (520) 382 -1900
Fax: (520) 382 -1901
If to the OWNER:
LKB HOTEL, LLC.
LKB RANCH, LLC
LKB RETAINED LAND, LLC
4224 East Playa de Coronado
Tucson, Arizona 85718
Attn: James Shiner
Telephone: (520) 907-6436
All notices shall be deemed given when delivered or transmitted by facsimile or, if
mailed as provided above, on the second day after the day of mailing, and if sent by
overnight courier, on the next day after the date of deposit with the courier. Any party
may change its address for the receipt of notices at any time by giving written notice
thereof to the other parties in accordance with the terms of this section. The inability to
deliver notice because of a changed address of which no notice was given, or rejection
or other refusal to accept any notice, shall be deemed to be the effective receipt of the
notice as of the date of such inability to deliver or rejection or refusal to accept.
22.Miscellaneous.
(A) This Agreement may not be modified except in a writing signed by the
Parties.
(S) Time is of the essence of this Agreement.
(C) 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.
(D) If either of the Parties fails to perform any of its obligations under this
Agreement or if a dispute arises concerning the meaning or interpretation of any
provision of this Agreement, the defaulting party or the party not prevailing in the
dispute, as the case may be, shall pay any and all costs and expenses incurred by the
other party in enforcing or establishing its rights under this Agreement, including,
witlnaut limitation, court costs and reasonable attorneys' fees.
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-9-
(E) This Agreement may be executed in multiple counterparts, each of which
shall, for all purposes, be deemed an original and all of which, taken together, shall
constitute one and the same agreement.
(F) This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors in interest and assigns; provided, however, that
(i) upon the conveyance of all of the Owner's Land to a single grantee, the grantor
shall automatically be released from any further obligation or liability under this
Agreement and this Agreement shall thereafter bind the grantee; and (ii) in no event
shall this Agreement be binding on or burden the property of a purchaser of a home
in the Development.
(G) This Agreement is subject to A. R.S. § 38 -511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last
date set forth below their respective signatures.
THE "TOWN The `'OWNER ".
TOWN of MARANA, an Arizona municipal LKB RANCH, LLC, an Arizona limited
corporation liability company
o
Loom
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS To FORM:
Frank Cassidy, Town Attorney
James Shiner, Manager
Date:
LKB HOTEL, LLC, an Arizona limited
liability company
Loom
James Shiner, Manager
Date:
LKB RETAINED LAND, LLC, an Arizona
limited liability company
Loon
James Shiner, Manager
Date:
100039097.DOCX / 51 LATy K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
_1D_
State of Arizona )
ss
County of Pima )
The foregoing instrument was acknowledged before me on by
James Shiner, Manager of LKB Ranch, LLC, LKB Hotel, LLC and LKB Retained Land,
LLC, each an Arizona limited liability company, on behalf of the LLCs.
(Seal)
Notary Public
LIST of EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
100039097.DOCx / 51
Legal Description of the "Owner's Land"
Depiction of Area of Extension of Scenic Drive and Typical Roadway
Sections
Legal Description of New Right -of -way to be Dedicated to Town
Description of and Specifications for Scenic Drive Improvements
Legal Description and Depiction of Right -of -way to be Abandoned by
the Town
L.AzY K BAR RANCH DEVELOPMENT AGRTEMENT 9/16/2014 3:27 PM
-11 -
EXHIBIT A
Le Description of the "Owner's Land"
nn
-4 iftment ftr - Title 1nsu..,,,,ra,,nce
C o
RiAsa" iner �� ride
01"t,
F IR -NY
-,ST AMERICAN MTLJE INSURANCE COMPA
E x n [ t A,
He t4o-: 700-71,0A
LEGAL DESCRIFflION
TWat pardon. OWS:
U, Of the I nty MSI Haff C W % of Secdon m T-ownship '12 Souths Ran 12 East, GAR and .Swt RIVqr
Wddtan
P1 n- Couzona, doeWbed- as M
COMMOMM n at thS Cantaf. Of SOM 36CUM25, ftoffl, n1d point. the-MoTth, ORe-QUartif (H !4') MTn, or, of eabd
on No
on
lost M distance or ZM,1'5 ne"It
'Sec tl 29; twrM M dress 06 rV, lea 54 :sue vi
TWma SoWn. n, de 53 minutse. 53 saomda bleat a chetance: of.30.00, M-t
Tunc* SOUM 85 dis 53"M-Mvtea- 52 seconde'Mat, 11127 Feat to- a.p #,,, ot- cvmlufaof a tan Curve
concavvlo; � ig-, nadvk`
Thane Weeted tM, are of, mil icun%, to- the ri havin a radlus-03,7141,20 faet, wIffi. a, 0 ord of
Morih 60 de rem: 37 m1butes, 04 seco&ft'W'self 11L,2.44): rest, sad a, con'tra4 an of--`,02,da 58 nfl-M.Vlea 10n;
secon, de, W an =: c9ab=a, of,'152,42 1"t to the POINT OF REGHWNG o, n the aro of a non-tan curve
co g astd polftl, havtr� aboafln -of th as d�.
of -ury rou ih
m,Ayv t o bve N met, radial line oft a sax c a h sou
10MItiut". SO S"Ondal East",
t Wft a oftord: of
Tftsfl" southw"fieff am thiff arc or $am OLE-vs. -tD tha- t. havin a rMue, of rfvs.," ast
Soutft 31: dogr"s 58 MInufft 04- sacteds Mal 7 172.88 , -last and: a ceMral . arkoe of 54 do 18 M-MMUfaS 0
s 0
VaTas curygure.of a: tan curvalvneava; to, ths,
soon for m
do, anc:dfttance� or 1153 feet: o a t. PO o f vlall
Eut
Thanca, South q-- 314 "'Wo. arc Wsald curve,, to ftw hsv radlus-of-23-71.5-2. f4wif, wflh a. Owd ar,` & w4h.
20 d 43 m4nufaa -2 seconds Wetef 4fM a46 Met, sM, ares -T sa- OT790# 47, minute
tor an are : distant ar,,:A-57-88, T4 6A to a: non -tan nna,,,
n*m South; U ile 03 mflnutso-% 26 aeowKft east -a Misince of '31 feet.;
Than", Naft, 84• de U nUflub-is 37' sewn -de 'Weall, a dfttmteof315,23 feet,
T Soufft 21 de 5-a, minutes 54, Ncon,*s bleat a c0stance; of 345U4, Met;
Tnance's,ouin 10 de -5G:n1rMvbqs- 49 seewftEast, a,. alsimce feat to tMv South Mmot We. Uw1h
n (w Of said seciton; 25-
oe-H, wr U : o the
[ "'m -ft-uthn t One
ivs-s-Qu ar tsf v
Tlwnca SoWh ft de 50 minutes, 25 eaomda 'east alon salld South ilma a- dratance. of 731-21 fi—eat.-,
2
Mort ftwut
T 5 " a the arc of a non-tan curve
x 3�
-ftenca tm de
05 as 9,ea 4 oL m0a East .455-13 19 t t M
W
coneaw to tha tioftent.a.rWiM tine, or m eurva th-rou sale nt haM a t*ann aT South 03 de
11MOutes, 45' seconds, Ent,,
TIMance Wee Wl and. Nodh efl y a] on, ths;W0 OT &M." CM 1", to f he; h avtvi a.. radius, us, 0 1 SOM 1"'t w[th: a
a
erg s
01 No 2
bal sn W,'105100 1.
ch-o-rd U de 35 m1nut4a 38 second t 2
a Wat44-54 .:and m,,n
m- I nute a I 's 5 sc,�o r6a I Tor, an r, tgtsnt S -OT' m et et t o a. pru IMu tat a
fin rley;
'A
{00039097.DOCX / 5) LAzy K BAR RANCH DEVELOPMENT AGREEME.N'r 9/1.6/201.4 3:27 PM
Wpm-
Ile K'-D-'4 -T0017104,-
Eic h ibi t A,
(Gonfta'uad�
Tganwca Nor M 10 d&' 00 MM, Ufii-a 29 Satonds Est s Waft&za of f3*19 %wt to a polrdt of, -curvaiure of; a,
lart t' our mncavv. . s -to the West
Than ce t0fthz4 f t a bon g . th-a = of as td cuws, to the beft, h avtm a rad I u a of %5. f% 1, wlt h � 8 V40TU 01; Noft
da 'l 5 mutnutes, 52 st-wo ndal
I d -A mm - I n ute a a soon de. E st - 19& , - to at, . an a, oenbra I an 6,; of
Tor an. are d1dance of t7011.1k faet, to a, nw line;
TRanes SPeath 9a 4a Uminutes 40 esmtft East 360AG feet-
-S d
Tfte n Cna, Noft 44, de MINd a 41 aseon, ia Eaef, 23S.71 Tek,
Thence, Nodh 15, de 44 mWoviea W seconds East, 362,341faef;
Thance South 74 &. fS milnutestO seconds: East, f13 feet to a. pahl orcurv-slur's of, a tanpnt. curve
co nwa-� w to Me NGTW,
Tftan" East orl alon the we of said curve, to tlw-: faft, havM a TadMU .:of 311.2G. feet, with a ehmd of North Off
da 17minutm 5"S amide East and a pentrag an arUde 53MM.Utsa 43 se-c0*44T,13r
ra canww to sout-
any are, Otst-anceof IS&S7 ftetAo a. poW oT reveres, curwatur.01 Of a. twipinkmry fhe h .
of .
e ri h3vtAn 157 �3 3 - l4a f wftl,� a: v, h..- o ff: di N'wl' h,
Tbon-ca Ezeted al'on arc of said cuive, lob radlba� oft
minutes-k 23,89mdA East 4,9,4.,57,% fit ,:and. ,ac*ntral, aVsot246a see 40niloziles-3089conds
for on; are dtaianCe er';C .42 fSet 0 3 t of i 9MWAYP
Than ev, SOU0 54. d Zff mime 22 seconds East a watance of 15&24 test 10, a pWni, of cumtwe ar a
42n. t' cuws owheaw.to the Ncqth;-
Thsn ca Esstarq lFan arc Gf a W d. curve, to -thalalt. -h Awl n a, fad ftw. Of 3" -test, wft 3, chom of Z'Ouftl
s T n
ut
H,de 44 minutes. I'llsewads, 172.35, W-.tanda ewtW ars of 02,do 313� M in we 37 econcle OT a
detance; of; 172At' ftat to ths: I INT' Of BEG-00MG-
M seq
Pare-91 2
'an 12 East. Gllaand Saft Rlwr
nat poftJon of the West Haff: of Section 25., Township 12 Saufm, R
Mef t4tan
PIMa count dese"bad. 38"relowe':
Commalm-In at the, GantaT, of e-ata Sacftn 25, Mom, sabd- pcAnt the NlodbOne-Quarlsir ( N %t owner of eald
Uebon 29 baaTa Naft� 00 d 05 m%AiAs�a, 54,1906n., dA -di altarics of.2,G43-15 Met
"ha ca Saufh: 85do 53 minutes 55 "con&s 'We 4t a c9ttan* of 30.00 fim-f to the, POINT OFBEGINf4ING;
Tft*nc'6 South 85 d6f. 51 mlAutea: 52 aecands WlsL 113.27: hist tza point,. c4 wawa-ftrte ;OT-.'a lan. cu mwe
cones ; to. the Nix
T"n" vVeabarl tha are Or sard curvo, to'thail a racHus .03.3 120 fas� w"Ah a chord Of
a n ro a
.5. , send ca. tl n, g fe- ,of. �0 5 de r ea s 37 rate 4' 9
ft-wift 87 W 17 minutes 15 -aacon,&. Wwast, 3GAA toot s
a ec a a n cka f w a n acre d I da n es, a 6. 1% feet to a of of ta n 9 an
Thence North -84 de 26 minutes 22 seconds. W.eat' tS&24 14of fo apoint'.or'curv-afb. m orz ,tan curve.
concswa= to thasouth;
TA !
Fvxml Sol i kw.%-.4 (& a AL CQwbn!0r0,(&lT-CXll-
100039097.DOCX / 51 LAzy K BAR RANCH DEVELOPMENT AGREEMENT 9/16/201.4 3:27 PM
Broil
E lie No-' -700171M.
Ex hi i Im"t A,
( Gonftued,k
TASMa-,9 W,'&9tGV. as =- or sad cwva, to the iert, navin a. Tavu s. 01 0 5-7---33- -TW, with a Onw-d at sa Ouih
83 de 1 1 MralaS 23 seconds Mat 4,54,57''W1, am d a, centTa[anV4 oT 24 de 4.0 a wnutea. 30 aazends.
To r a n' arc d I abs, n ce; a f ' 4 84 2 Te et to a p4nf Ore lw-e re a c u r, v af u r 9 a, ts n g o n ou T z coar4vs to th e N o rth
Than" Wsstwd afeg tba, arc - of sa4d-.cwy*, to the ri N
h avrM &;radl us of 3 1, 1 -2 9- - feet, wft a cftwd of 8, ouih
BE d4 17 m1wlak, 59 ascoraft Mfsaf 1,89-0 NO, a?"a, centTsE am 034, do 53 mlnutsa:.43 s000nds
Tor an; are disiance of � 57 "et to a, pant oT tan nc
Then, ea No 74 de 15 m*wtn, 40 aecondsMat 1113.22, f" I..;
Therm S ml h 15 do " mil n uts a 50 a m f - W t 352- U reef
Pion" Sou ih 44 de 35 Minutes 41 saendsMat 239-71 Feet-,
T Nodh: 9 5,d 71 'Ga. 3 4 M L-Ty �, 40 seconda Wet: 388,00 -feet to a-. petal on, - tfts are of a . n o n -ta n pal c u. ri it
i
-throu "d p Thafti a.: bearM of North do
or sared CU P.M
, OfM V
coneviv. to -tnawae .1 T8 M: "no
m1nutas 37
I ca Sodrtati y woo � fft's. a. mn: of 7 sa (di ou rwa, to. Me ti h avin g , a radl Usofi� 5-95 13 - 16ot wth; a.. cftord of S oulffi
01 d as 2 -in 4; o-T 17 de
e Mwwd e-s- 33 seconlu - wmeat-1 63-9-4 s
an, i� cen a t ewa, IS minutes: 52 seconds,
for an are dt-shance of 17015, faet tal & poota of
Then" South 10 de 00 minutes 25 seconds, Wsat-13,8.49 Not to a poWht of curiabir-e of a tan curve
conga- to, the K: ::Mt;
Thenu Swffi" and EasWi shm we of said cun%, to the W1--t,: hawin .aTa&u-a of ISO MITest., with a
chordoT Zzcdh 44, de 35 mlnutn, 345 seconds: Ent. 244.54, t: ando, centrat an of 105 do 12
min ty 151 ascows: Tor an a rc : : woce of: 26 &,S, 0 feel ta-s; n on, Aan o nw;
Tba,m" out 09 areas 2@ r.ffl nuts; 54 sswa West- 4,5 AS fast to the South., Knee at tMe NoTin On-e-Hilf (N'
%j, or tn.& soutnwsat bnef-QuartaT- (M %joT'a*!td Setton. 23;
Tice South 9-5 -da 58 agnutes 25 second ,. al . eald South Una, a fttwws vt,'G30,'A4A4%t to th#
W&SIt. 14nall Ofza4d Saufftwvat One-Quaiter (-.SW If4f;
T49n v9 N'Vlh 00 dire 04 Minates 13 se con," 'Wnt alan said West "Ma" a dfstanc* of 1"-308.33 iv-et to the
Gne _QU d o 1`991d 390fton 29;-.
ai er o' marri
TMn"i Nodh: 00 dep 04 mftdae..23, the Weak_ one= of, the. NoAftv.st, Ons-Qutad-&T (Nwf
th , Vires
141 of said SodM 25, a. 4NAton, ca of 1,317,52 Toetto the Nom Me of the Sou, I On"a ff IS %� Dt: ths N00h I
,Ong,,-Qmr,t#r JNW %,� of'. saM Sacbm 22-
Thsn":fort 85 de 57 minutes 43 seconds, Esift, abm saft HoOft flne, a disbance of 2AM54 fief fol 91
line 3 O"AM feet West lot-'3nd p2rEft'J''W"h: Me East Lima: of sM Noithweat One-Quart-aT (MI4)","
Mane* South 00 fJo 05 minutes 54, aaeondsf-ast alon aM paralk-A Une, a c9stan, ca of 1,321.91 feet ira
file POINT Of MGINN114G.
MEPTING THERffRom that padlon.; omve to tue; -rown of Mwana In Deed rac*rded ln.Do�ckat 12413 at
p 'a _bOn Mows.-
pa 53843 andoorTededin Docket tat 2C at. 450 and.
A WM oT that psToM. deact1bed In Docket 1ONS at pa 311. ta said poThon, bein In the Southffaff of the
Nolinwast QuadsT se bon 291eg; as Mlows"".1
F-won Vwt i WO �WMXk Np,# JALTA Ot�M� wwo, (364
100039097.DOCX / 5) LAzy K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
FlIC-W -700177101A
ExhibitA,
(Gonftu,a'd:
Vzom w-Mch
conm''w,,in at atraas: cap wTva monumenf efiam—ped ..x. -S. izi 22 3t tta, c&m..4*,r of- saw section 25,
a � IRCIA rebar 7.9to. no, ta at the Naft, Quaff corner or slid section 25,9,4e, Ncqth 00 de 0,51 mInutas 54
a ec an da.,. Wss,,tt: a 619 taoce. of 2 CA&W feet;
i than, ea Uoilh. D4, de 05,minutes, 54, aaioonft West. alon the North-Smmih mideft',-bon: 14na of Wd Sadtan
2,15, adtq-12nce of 1,201,_54 1 "t to its intareezbon wlth- Mo Eastart pTo oT the So uthell 11'flaa of Said
"ma c, South W de nilnu-tse, 21& ssewft Wast, alon said Eiaterl pro distance of 30M, feet
of ean[ rivs
-o -wz film- Sc DRo ad P
'Toceadin s ". 255� ri cords, OT
to Us Into misebonwft the W'safall al f
Pima Count 'A"Ttzona'-
st Mn oe-M Mat ri In
T'"nrA 00 as m4mviev 54 seconeb, We 1 0 a dritance of
a W at on the are o1a non-tan cures. concave to- the East,
Z913; feetw a radEal Una lot, aald curve, thr—ou
l MA ftsvl
aid
a Nwln of- South 15 4a 22 MOvIes, 22 asconds. Wit. Sam W MI bein the Pwrit. 6T
s pon
De
TMacta Nodhowasterl and. Noft siwfwl alon the we oreard"., curve, to the r$pzt. havin a -Mua.vf'4,'5v'@G' Mel,
a r
o M
a ce of 5F.71. Mat to spoin t. r VOMIS
and.., a, caniralan of 125 " 40 w0nuta -, 44 seconds foT, a aTc dialm,
cur, vkVraora Un. cuTY9 vw=vs to, the Noftweet;.
Ma. we aof,'ta M oures, to Ma - left, hawn raw us of- 2,SrAO fee t and a-cantrat an
of 55 de n9nutes; Ob':8qC*Mft for, an are dMa'ace of 24&� feet to a pcftt or: cusp, Wd plat ti an
On
the WeaWtl rf line of said ftenle Dilyw-
T-ftnea South 00. da 05;mMutea. 54'8'90=�ft 'Es'st. alon sai'd Wiaswt lm fins ,,:a &Btancs: of
55.8''
f GMN N MG.
Mt'� tDb". - POI -N T 0, •
f,JV AM 351
P=191 3
T portion of the:'Waat Haff f W of Sachon 25, Township, 12 Sou, th Ran 12 EA Gila and Sad fflVer
MaTWIAn', PIFT M Courft, Aftons,,,deaulbedz as, Mows:
Co d -ST
mm e
, acin kth& Gon f of 2 of saffi sermon 2,5'. v . U-� w polft t the 'NoT ft 0,nS-GWtt. M 114 owner. ot, Bata.
"Secdon " D*Gxa. Noft 00 g ees 05 mffttee f4 seconoew''ast'a fowt
Tier'" south, as d6 953 mUnAes, 53; eeconft:Weat, a -distance; of 3&.00. feet to; the! PCOW OFBEGINNING
1M 30- A souftweat One-Qu -r
on a 1 00 feet, 'aR W
V"Wt 01d ft, "NO, EaSt, Una, ol' th Wis ( '91W.I. %_): Of said
Section
Thsnca: South co "de "Os minufts. 08 sermon-da fast, a1m ej4d parallel line. a durance of 1,305.25 last: to,
Of tn&Mod%i One-Haff' % C4 Intl, sauthweat 014-Quaft- f 4/ of.'sald Socboo.22;
tie sviA h.:, 14 ro.
Tbonca aul& Sa �f 50 minates 25 seed 'Wott slon said ouW 11 Mal a dtstanc& of 1,250M 1"t
1-ftenta Nadh 10; de 'a 56- m*mles 49 seconds, wMest ,2 `rte:
i
Thenes Nafth 21 W. 55 m-44irbe N ssc*n, da. East 391174feat;
T oa Sov4 . 8449 1334 mintAes 37 esenda East 31:6.2, 3 Test,
fwry zot i P* T x AL17A (6-11.
100039097,DOCX 5) LAZY K BAR RANCH Dj,-.VELOPMENT AGREEMENT 9/16/2014 3:27 PM
-15-
File t4zk!
Exhiffift A,
( GOMMOOd.1
"than N'oAh- 84 de a roa e-03 m I n uto e,�, z iis con d's E st 3,11.38. I'S's to
Wit: : a p ors in e a re: w, a n o n. -ta a �m, . g a f : c u w a
CID' Maya; to, the Ent a rawai. tins oi saw curve) throup safo pc4nt May n a beafln Of' SoUth'72 do 20
ml nutas 01 seconds 'Wast;',
r
Thanca Nbrffierl Alon the w Ot said cups to the r4fttavi
, hn a- radlIme. of 37 4.52 feat, with, a, chord. of Noflh
2 d4 E*s, A3 minut 32. secon ds East 44 1 A5 %st - and::: cantTal.. an of,'?G - -do se 0 seco a '
f�ssa- 4T m*=J 3, nd
conzays, tolfte, Nafthwest;
for an; arc Old'anw. of!45738 feet to 3. p*nf 01 ,reveres: cuwatUre OTO ga au, m.
Thanta Northaaatterl�-, 31M ;! the. wc. 0! saldcurve, to 1,4ft, ha win a rsWua W' ISSA3 feet, wfth a ChOTO 01
Koft 3.1, O M102,kee, 04 see:ondS Eget, 172 146t, fling a, central an ol 54 da IS nilnutee, 00
I zurvowneave to t WrMIF, a
secands, Tor an We dlahatnce of 173.53: feet to a. potAtOn' the are of a, non - tan
Tadtal_ I-In & of,,- said cuive, ftw-Vou said
h
Thee EzaterVr afon are of sad cumfe &. to the, 191t h- ii w I � n 9 a. r ad fue; of 3�, .713 1.0 U. wt, wift a chwd. o 9 o
88 dt- 37 minutas 04 80onds Ent 132,A► : Teat, and. a, ean, trai, saggeol, 02. da W, mlfttSa 95 SOCOnds
for an are distaince of," 15,2A2 ftiete -ta, a p4fll CA bwgOncy;
Th,anca Noxth N, dogmas, SS MMnuU,*. 52 aeconds Eaet a. d1stance. of 113.27 Teetto the POMTOF.BEMNIONG;
UCEPTING THEREf RON MA podMl: MrItayfid to -tft,,q;'yawn -oT : maTana in Did recarded In Doc"t 12413 at
pa andearrected.. In Docket 13M at pap! 430, an bein as, Mims'.
A pwIM of that parwt d4meftedin: Dockat'12253, at page W1 1.1 wtd podkm bet M An ftto Naft flaff of the
,loutkwoat Quarter of'&Wd Section. 2% as Foltowal.
Cos=ew, , .1 n g at th# S oulh e astwrnsr atth 9 ROAfth, ffs ff of the,,_& o uthwliet Q uarter 0 a aid. 3 adM 25 'Mom wNrAll:
.17
t - a of 1305 Test
the leanter of sa4d: 590, dfatancs
Then". Kwift 00 dWees, 06 MAndes zj" saw nea: Vivat, af�_w the dEastart y I re of said M Haff,,,', adittang OT
9 9,34, Feet .to - 2 point a n: th, 9 aT C Ot a non-tain our ve owcava to tom, Nbdb a radtaf 1I re.: of, lea] d: c urvy r oug h,
aw -d: poin, h av Ing: a be 80 ngtOT i 5 oU th- 13; d eg reas 34', m ft -ad es: 38, sew ft Emit
Thanca: Was iall along; to ofreald curve- -to the n having a, �rad4n;:of,,' 45-00 .19st and a centre amg1le of,
WAS ft an a
3 a
S
38 & at to� a P O" On thwMateff bt-Of'-wa line,
T eee. IC ROMA".. 3 ecwK%- W re c2stamee of Ing
of ftmft Drlv,&, Road Proosedinp, Na 255., w. *ra: ot Rma County, Arftom' wd: poin t Lim W." the, PIM,
6T Begftinlng at pOnt-or,%tonVounid cumaturs of a. taagmt turvacon-cave, to. ths'eawt
Thence N'wth wes4a My a N odh awtwl &I o 0. he, are W! said; t rva,,, to the. r�pt h ay. 11n, g2 araM ue ,W'45. 0 0- fe et
dfatqn, ca-0,15M.71 took. ix nt of
and. a mdraf, sngfi�, of .x=25 degrees 40 ngnutas " secooft for an are a a pol
reveres, curval ure OT z tangen cum omave to Msr Northwest,";
Tmene's Nafthiffla'a4sr y a4wo tMe, arz nfi:zaldcurwa -to theleft, Iftamy-Ing, a, raMasor 2&00 figet and'a central anos of
SS de MA wftutas 00 seconds -for an are diatance, of 2A.,09 fewl to a poin! of cuspsaM poNnUbsIn on the
W'salefl r1 Una of ealdften V.DOW,-
- East, al ang...1he Wastw
-o 'wws i a.f a,, Matance of
ponce Sim 00ideTees:%, ftmutea 21 saw—n ds
:a5A7 1"t to the Point of Baglnnmg..
f URTHER, EX CEFUNG THEREFROM Mat p on on conysyad to Rancho Mariana Wast, LW an,44zons. [ImIted
3
re
y lif Md as, Mums:
11abt m
copan Deed recorded DwAst 113044. at pa 7ZDUI "a w"
That pwff*Tv, of tha�:North Ons-Raff (N 'V*);oT' the .&ouhi,,wsst Ome-Quarter (SW %f -OeWd Sachon, 219., dasclbed
a TOA. I C
100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMFN'r AGREYMEN'r 9/16/2014 3:27 PM
-16-
Fle- NCk_� -700171:04,
Exhibit A,
( C 0 M I no s d'j,
. M, P
Col,am In at 2 LCP at the sioutheast wmar of said NoTth - One - Half N Troy; Troy; said paots, Brass C
Melt Qualfiff (SW V111, belart K 0101 In
Son Km-,u,,Tm,.nf. 12,122 at the ftwtiaast corner ofeald go
& 06. n1imiss 06 aec*Ms %%st U;05.33 twit',
Thence: South 89 d rawa N m-finutes, .25 sacon& West, alon ths: South.11h a of -add Nior� t h.1 Onq.�,Half R N %� of
in & 8 ou 4h was t 0 Re, -GUS rtor (SW %. �ff. ad I Sta n CS 0 1: 30 0 flWt tD-0 "A"" 1P d R L S4,4145! 2t the I P01 n t o ff' 5 e n, n I n an
a N ne 3 axv feet wastp. 11 of Dod: parwIN Mtn,-,, be Eaa4 it ne or% aaM SvAu. nwast On rts r,
Z
aaU With One
Tnan" confinue South 55 -d am U m1nufas 25 asconds, Weat, abon the. Southifins oT
Than N orth 24. de ress, 46' nftu4*a 1,,.5, a scondsW'Sat'4121 _04.ftafto a 12P 1IRLS 1, 4U, 5`%
3 st to. a %W"AP, - 11.RL.8 UTW
Than" Nat 21 derma= .55 mWhid'"- W seconds East, 2S.541V�
Thence Souk; 80.0a 21 minutes -3"Tr 6*cwm� Eaatwovw. Net to'a, Wif.plu � RLS
Thence Nord 64, cke W WAvlea 29 seconds East 31 t.93 Tee tio.:VS 7-1 IP ,14 LS 144145-7,,.
Thonce. North W06 53 Wnutea-52 seconda East H0.46 M1 to 5V P 11RLS 14145'r- onfli InS 3. Gim T-Set
Wesfa of and', paraW wflft sold Elat One ofgouthwast Ons-ftaflar,,(S.W,
Thanca% South 00 da 01; minutes 106 aced East aian eald pasaflell One, a: distance of 549.10 fact to a
can caw to ihe NoftWS4 eald
,A,7e no ta fadded, ta ORLS, 14145"�, at a pe4nt of curvatures oT a, giant curva
MS.: pafeel deacOWW In dockal 12,03 at; p ap
a 3603., Pinism: Counl
powt wn on: ths, weat 110"s at
Otfte, RmaCounl AMlwa;.
Tfumes. S'Qu4nWaswe'l said wwasterr uvat won the are or sold curve, to the rya havM a. r, Olue 6T
v wd a central an of, 55
25540; T"t w1th a . cnoWli'oT South 27 do 261 Winultse 24 Seconds Walt Z-31 5 T
6i 05 00 secondt, -for mi are d1stance. of: 24,,09 teat to. a %17 IPURLS ISUV at- a poMl W 'f9f#'*r60,
edvature of',a, lan. cum wncave to tfte Ea Et-,
a radkis of 4510 Vest,
T,b.sn,,cv% Southwester and: Southeastafl alon the art., of'sald W Mae ledf baWn.p.
.
t2A,
fUL08 1"t and an cNeiviii I of Si & ses
w1th a.: chord -01 3.oaffi� 07 da 47, m mutes 30 saewbda Eas, allyaln
40 mindes -44", secondt, W a , n . wc dWance, af 11.7-1 Test to- a V37 W 4�',RU 153 42-11 on a noon nt l
g elm,! 30.00
Te ot WO 6- - of a n d.. p us - 10 11 w, I th the E ast 1 10 o of SaW S 0UWiv. fivt -. .0, . n e-QU Fte-f (5 W Y
Them" South 00 dose : minukas 08 seconda Dist adon ash pares lei line,, f of V6.7110 Uwt to the
Point of Se l fw , 0
V: A- M_ I a I pomm. ot. ', I' eat
Ejjraj� 4j
,Eseements for In e and Idintlee., aml, Use A recordod,
r se o r. dW; I n . Dox - X.-a t - 13 6"
at pa 3 7 5_
In, Does 1.2253, at pa 4as, aaw affactsd Eb Parbef RaISMS.
Parest 5
,44,41; that pwffon of the- Wasiml Ons-Koff rt of S eer Cflwa,, Road PtoceedU1, t4b- Records, of
flne ofthat-paccal d",cr,1066 1141, DOCKGC109"-, at r , e
Pfta. Count Artzma, l adpten..t to- tna Easta0
bein In bhe Sauffi, H-sff:ofr ihe Naftiwisk. aw
av e of
351 Rscwde ofutd Phna Count Arizona, 8,21d poibm
Sec -tv , WrIdEan; -PfAmCmnl
section 2S, Uwnaft 1p 112 S"4h, R an 1 Easy Gila anid Z s4t R, ar des acAbad;
a8 1011 ow, S.
i wrw-.4, P";p a -1�cx 'ALTAI UAW MIMI,(
100039097.DOCX / 51 LAzy K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
-17 -
Fiie tvm,-' -Toortea.
Exhibit-A,
(COMM"ImdI
Gwwwmcl, n at a �Dr m, wpvu, m._ monumant sta S. 12-4,22. at ths; comer of eaW, Secdon 25 from. v afflctl
be 54
ft no ka ad the Noft, Quarter comsT W: said Seciton 231! 1114a UwOh, 00 & 05:
2. rebaw wi, h min
a a
s A 'S OT 2UZ-W F"t,,
seconds: VOat Wt W
4 11Y ald SsctW,
naots
25, a. dtetame 01 1,021;.,54 Feet to Ita-Intmeaction w1th ihe Esetert pT-qjeCt-I On 0-T .ho So uthwrl IM"S' Of W4
M 1NTOF,0-..E-G1NN1NG,,
PaU0,81L Bald antaf sac 6nbalm 1, s PO
Thance
sou: 88 d� ea 5.7, 29 eaeom-69: WEE -lon said Eastatl pro j etknv �a alatence of, X'Oo fast,
h t tw, W ea t of l H g. ht-o Vw a Um., of sa4d 5 c ff n,, Ic D rtyw;
0 Its WIltmecil 'Y
t, Zh
Wince- Naft., 00 do 05: N-6 :54. seconds W-Sat" alon -said Wset�srf rW
_ a m once of at
45,91"s Isat to! a
point an-, the arc ofa mma4am M. Ours-w-neave to ftw Daft, a radi-W, 11me of said curva.
1hro poInt havtn a: bearitt South 19 de ea- 22 mill 22 secands" wast
38.
T,hsnc* Easterl Nan th's 3"TC .01 eafd'i, curves, io, the felt, havin TadtUs of .45.00 -Teat and a cor *31 aT
69 59, milnutes 33 seew4ka for an are distance, of 30.53: Teet to: Ita, Intsmaction: with the Norte - Sauth M&,-
-9118mbon 14na: of soldSadflon: 23',-
Them* Somth-AV-da 05 mfnulas 54, seconds EAR .ston said a dte'tanes of
155-19,Jeelimalfts POINT OF BEGINNING-
P=81; G.
mt that, P GO m Of the'W"WiNl Or*,Kaff F 01 SCOW UTIWal" Road PTOW900p ND. 255, ReWrOS OT
djacent to t& Eas 11 a m b Ut, DO&Of 1.0995, al, a
Pima Count ArTZMa, l a, te" Y , n. of t " at larle 4 d4ae 11ed
Ir Or of
the NG dim- set Qua
3314% Re"KO or: SaW PIM% a GoUnt ArUOM 2, Said pOTNM bein In 6--soum Ha'
S-actlon 25'%, Township'l".2 904A.4 Ran 12 Ewl, Gila: and IM R%Nsr%% WrlWank!"15", mm m.4 descftod'.
as IWIcRim.,
Umma%fw, at ftpai! cantaT of said S-acbm- 25.1-t.
'rev Nodheft alon ffis Nedh-Sout-1 Mid-$,echon We oT salt: Sacben 23 to Its Intersection w1 the
ps
at, NT i I
.,ZjUO *;Wd fifetsectlon. ben t. 9 POI OFSEIN NJNG�
pa 10-1 recoM ot PimaCotm-t IM,7 f
z
Tift-sne's W981911 said wesion pro twits, m4areaditan: wfth Me Weate r -of-wa 41me of safe1z,
Thant* NO dhfifl Wd Westerl) - q pl'-Of'�Wa Wia to b IntersectonwAft. alh* 43-00 F&at Soudhi.01 andl;
para'1161,wIth, ldha- Northarl
Them Easterl .-a", s= piazatNt Eno, to [is In, farefichon Wth: the Ezat vane of the Nodhweaf Quads,-T O-T
aWd Udi'mo 25 1480 ts'ln the, cantDOw W Si*nIc z,DT.W.%e-,
C enuterl Me - f 0 th 6, P 0 fNT'O F 8 EG4 N' M, N G
Thlen ca Somb 9 rl y afim d. Ea sf arl Itma, a n d -340,m sa W11
pame 1. 7
A, - 11 tft t pion of th 0 E38te r. t 0 n @ -;tia It r. I g P f-W-va - of 8 C fin 10 Drl V a-. Road PrOOW d 110 8, NO.: '2 55j R 6C Ords of
a
1
re 15 'CIS
plmm ' O , MU
GUM aj adjacent to t t ig dsocriMed in Dwkat, 144-5 t P a w , 70 Reclar , Oir said.
ost OT A
COU Ailzam a, -sai d, poftion ba, ft HO a sloub: or th*; Nwtft QU& Sac-t!" { R , h1 p
Pima.
-12 So W-h, Ra 1.12. E-wit, G-11aaW Wt aver Maildian, Nrna, ftturd ran 19wdlmd a-a Nflaws:
T p '
Fi�ffivn vwt"" I x' all 20 'ALTAR i>-14mww0 (6-17-
4 .
.XhvA
f00039097.DOCX / 5) LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
SCION
f kle NO,* 7001710A,
Ext A.
( Conlm"dp
Cz�mm,,&ncin at -a, bra..,$a cap SUN's M-ped.L&121.22. at tha Crenter, of ea Secdon 25TT,, 'OM 'W11JrM
a. 1-12 IMcri rabsT wth, ww- b at, tho- NodAQuarter co, mer of "d Saciton 25, NorWn GO, de 05 nilnufas 54
seconft Waal', a dUtanca of 2"&W Wt.
Inca : UO-11h �,00 de -05 M'Inutes 54 sacandt'W%st alon the North-5-outh Mld.-Snbon: Une-of esW Savffun
r� a I , O r, N o '-v_;w II'Mmo, OT
25, a. dietwics of tW.1nt1f.e'ftC-UO_.n 7'W1W -the, Wa
a
't p
,R,oad aa-sha*m In.:E4x*- 2-. oT ftoadM AnUornal eald'
Pinfta: Farmt 0�7
pal TZ f pt
Irater vaebon; beQ PINT 0F.UEGhNNMG,1
Thence Uod, h. DO de 05minutea: 54, eeconds Wavt, =Affmin bon said Nodh-Sad h 3 ,
disbace, W - ' 1, 15, 010 feet to a pcilh' t. on thy? sreiof r .ion - , tanpint canvv corw av 9 to th, a'N of &wit, a ra Mal ftne dt
8,24'd CU� thTou said P OHIA - 11 ft1v*1 a baslin OUM 115do U, minutes: 10 seewds East;
-am us: or,,,,
-M.S. - ", na
Tftanca Noditentan 'I the It,= - WA sa.14 CUMS., o� t vin .a r
01, 7'0.: d e r F.4 Sa 31 nftautval 44 Iseems .1of -:an arc. 0118tanm, of 5-5,15: Teat to a pOW4 of, cus aa,40 polAther 0 n-
the, Eastkz l ri Jlneofaald Scenic, Dilve.;
'In 4;aaconds East. alon said "Essim1 t�ofw�ai 11 �ft n � of
Tts'nca, Scu, th OD 46 M, im ;utas 55 me CH eta CA
.320AMSelt to it's- Infer-swon -wiffil Me Noftneft r t-ot-wa Me; of ajFd P1 ma Farms, Road..,'
Th 0 race N 0 r, M 83 OD g re " 57M n Ut" 40 a. c was f - SA 0 n g . th ff" W, a at, 641 Y . P , ro ez 8 0 n of e, al a Nof t4w m, p r_
wir H na P a tance of 3 0-00 Maet to t4w, POI NT- Of SE G INNENG-_
ALTA
h ILA A
100039097.DOCX / 5) LAzy K BAR RANCii DEVELOPMEN'r AGREEMENT 9/16/2014 3:27 PM
Depiction of Area of Extension of Scenic Drive and Typical Roadway Sections
100039097.DOCX / 5} LAGY K. BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
-20-
EXHIBIT C
Le Description of New Ri to be Dedicated to Town
Au 8,2014
WLB No. 113021-8-001
WALEGAL&I 1302V9cen1c Drive le g al description,doc
Ti..' e, B DESCRIPTION
PUBLIC RIGHT-OF-WAY
emup LEGAL
A parcel of land l within Section 29, Township 12 South, Ran 12 East, Gila and
Salt River Meridian, Pima Count Arizona, bein more particularl described as follows
COMMENCING at the North Quarter Corner of said Section 29;
THENCE S 00005*59tv E, alon the North — South mid-section line of said section 29, a
distance of 1462.48 feet to a point on the arc of a non-tan curve concave to the
Northwest, said point bein the POINT OF BEGINNING;
THENCE Northeasterl alon the arc, of said curve to the left, havin a radius of 45.00
feet, a central an of 66010 with a radial bearin in of N 19"22*48" W and a radial
bearin out of N 85 °33'21" W, for an arc len of 51.97 feet to a point of non-tan
THENCE S 00005'59" E, a distance of 1189.63 feet to the North line of Pima Farms
Road as shown on Book 2, Road Maps, Pa 101, Pima Count Records;
THENCE N 89*.58'07t' W, alon said North line, a distance of 60.00 feet;
THENCE N 00005'5911 W, a distance of 1150.68 feet to the be of a non-tan
curve concave to the North
THENCE Easterl alon the arc of said curve to the left, havin a radius of 45.00 feet, a
central an of 38"5634", with a radial bearin in of S 19"33'48" and a radial bearin
out of 3 19'022'4811 E, for an are len of 30.59 feet to the POINT OF BEGINNING,
Prepared B
THE WLB GROUP, INC,
Peter D. Cote, RLS 44121 0 44121 0
LU 0 a
PETER 0.
COTF,
NA
EXPIRES 3-31-2015
Pa I of 2 (Sketch is Pa 2
100039097.DOCX / 5) LAzy K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
-21-
0
9 ' ""
-on N li� CORNER
�w .. -- - -, r2 ...... €050 {1 a o
i
SE �.`. 2
POI I O
E
30 s . ............. pp...� .....,.,,.
-,�,..
�...i' y1 ........... i ' . . ...... ...:.............. ... S ..
i.. .. ..... .. ...: ......... .. . ',. ,[ t .: f( .................... ................ ' :.. -,.... .'
�..... ............... ... ... •:.- :..:::..• -.
5 c
gy �C.P PG, 13.1
.. . • . .........................
£ ............................ .. ............................... ........................... -... .,. ��:s.. Ll
�£ "'
Pte.s
Y .. !. Y i• 3 ' i.'�
os
c
/E
.... ...................
f J3. R e �Z .i Y Y � +4 T �£ A 1F.F ..:..,. ..............:
EXIII1,117Y TO ACCOMPANY DES"CRIPTION
014"
D V
x¢ 200'
SECTION .TION 2 A - ,�1!-. 1 �F.,J � R , - -, , 1�+.Ep 3.,P e f r .k• . i .AL
UNTY� PIMA CO
f
�� L8 No. 1 1 302 -B- -001 -1 X 03
v .
N. 1 �M ssurveASc, -roc Dr ROW,dwg-
..................... . . ....
�-i�.E
2 O .2
100039097.DOCX / 5) LA7Y K PAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
—22—
EXHIBIT D
Description of and Specifications for Scenic Drive Improvements
1. The Scenic Drive roadway section shall consist of two ten -foot travel lanes
with two -foot shoulders on each side (for a total width of 24 feet). The roadway shall be
built with a thickened asphalt edge, no curb, and 2" asphalt over 4" aggregate base
(unless a thicker section is recommended by the project geotechnical engineer. Concrete
toe -downs at wash edges will be included in an additional shoulder with a total width
of four feet. The only landscaping of the road and the path (described below) shall be
hydroseeding of disturbed areas. The typical Scenic Drive roadway section as described
above is depicted in Exhibit B to this Agreement.
2. The Scenic Drive roadway section shall be constructed from Pima Farms Road
to approximately 400 feet south of the Silverbell Road intersection (nominally the point
where Scenic Drive becomes a striped roadway in its current state).
3. There shall be a four -foot stabilized decomposed granite natural path mean-
dering along the east side of Scenic Drive from Pima Farms Road to Silverbell Road,
routed to minimize disturbance to existing vegetation with concrete paving at the two
wash crossings. No sidewalk shall be required in addition to the path.
4. All drainage crossings shall be at -grade with no drainage culverts.
5. A minimum of two traffic calming islands with no curb shall be included at lo-
cations to be determined by the Town with input from the neighbors; a third island
shall be included if a suitable location with adequate spacing can be determined with
input from the Town and neighbors. No more than three traffic calming islands shall be
installed as part of the Scenic Drive Improvements. when the road is separated at the
islands, an additional one foot of pavement will be added along the inside of the driv-
ing lane such that the paving width at the islands is thirteen feet per side.
6. For a distance of at least 150 linear feet along the west shoulder of Scenic Drive
south of the northern boundary of the Development, an additional eight feet width of
pavement (for a total Scenic Drive width of 32 feet in this 150 -foot length of Scenic
Drive) shall be built to accommodate future public trail parking. Until the trail is open
to the public, the Town shall install and maintain "no parking" signs in this area.
7. No improvements will be made to the intersection of Scenic Drive and Silver-
bell Road.
8. No improvements will be made to Pima Farms Road.
9. Except for the New Right -of -way described in recital D and Exhibit C, no ad-
ditional right -of -way or easements shall be required for the Scenic Drive Improvements.
If additional right -of -way or easements become required by the Town for the construc-
tion of the Scenic Drive Improvements, it shall be the Town's obligation to obtain such
right -of -way or easements at no cost to the Owner.
{O0039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT" AGREEMENT 9/16/204 3:27 PM
-23-
10. The Scenic Drive Improvements shall include the costs of any necessary utili-
ty relocations associated with the construction and any permits and approvals from
Pima County for the construction. The Town and the Owner will work cooperatively
and make reasonable revisions to the design of the Scenic Drive Improvements to min-
imize utility relocations.
100039097.DOCX / 51 LAzY K BAR RANCH DEVELOPMEN "I' AGREEMEN 9/16/2014 3:27 PM
-24-
EXHIBIT E
Le Description and Depiction of Ri to be Abandoned b the Town
Au 22, 2014
WLS NO, 113021-8-001
W:kL EGAL Sal 1302 1 \Sce No Ddvo COS abandon - doe
T
V_ rou
LEGAL DESCRIPTION
PUBLIC RIGHT-OF-WAY
TOSE ABANDONDED
That certain portion of public ri as described in Docket 13126, Pa 490! 'Pima
County Records, lyin o
within section 2 , q Township 12 South, Ran 12 Ea . . . .. .. I . tj Gila and
Salt River Meridian, Pima Count Arizona, bein more particularl describect as follows,-
COMMENCING at the North Quarter Corner of said Section 29
THENCE 8 00005'59'.: E, alon -the, North — South mid-section line of said, section 29, a .
distance. of 1362,51 feet.
THENCE .$ 8.9054'01" K a distance of. 30.00 feet to a point on the West ri of
S cenic Drive. and the be in n in - of a - no. n-ta n nt ou rve concave to th e N orthwest., said
point be.in the POWT-01FREGINNING;,
THENCE Southwesterl 'alon the, arc of said curve to the ri haw a
in radius of, 25.00:
f66t, a central an of 55"0900", with a radial bearin in of N 80.054'01" E and �a.. radial
bearin out of S 34056'58" E, 'for an are len of 24.06 feet to a point of reveme
curvature;
THENCE Southeasterly, alon the arc of said reverse curve to the leek bayin a radius. of
45,00 feett a central an Of 125640'.44", the chord of which bears S 07047'20"Ej a
distance of 80,08 feet, for an arc. lon of 98J1 feet to said West ri
YY
THENCE
"' W, alon sa.10 West fine, a distance of 99.8-7 feet I 4he. POINT OF
N .00*05'59
SIEGINNINGf
Pr B
THE WLB GROUP, INC,
Peter D,.Cote, RLS 4412.1
AV I QA r
44121
PETER 6.
,, ,NA t
EXPIRES, 3-31-2015
Pa I of 2 (Sketch is Pa 2)
100039097.DOCX / 5) LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
-25-
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30.00
R,O -W� TO E3 „,--'
A BANDONED
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EXHIB IT TO ACCOMPANY DES RI TI N OF
P U °LIC RIGHT— OF W Y
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SECTI 2 , T 1 2K , R - 1 .d..E, Gr
PIMA COUNTY, ARIZONA
JwJ ► R.. f s � ..
ar � s
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.......... ....... ............................................... .. . ........ .
,SHEET
2 OF 2
100039097.DOCX / 51 LAZY K B AR RAN ci-i DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM
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