HomeMy WebLinkAboutResolution 2016-042 Authorizing the 6th Amendment to the Series 1992 LeaseMARANA RESOLUTION NO. 2016-042
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
TOWN OF MARANA, ARIZONA AUTHORIZING THE EXECUTION
AND DELIVERY BY THE TOWN AND THE TOWN OF MARANA
MUNICIPAL PROPERTY CORPORATION OF A SIXTH AMEND-
MENT TO AMENDED AND RESTATED TOWN LEASE AND
SERIES 1992 TOWN LEASE
WHEREAS, the Town of Marana Municipal Property Corporation
(the "Corporation ") was formed to transact any or all lawful business
for which nonprofit corporations may be incorporated under the laws of
the State of Arizona, including, without limiting the generality of
the foregoing, any civic or charitable purpose such as financing the
cost of acquiring, constructing, reconstructing or improving
buildings, equipment or other real and personal properties suitable
for use by and for leasing to the Town of Marana, Arizona (the
"Town "), or its agencies or instrumentalities; and
WHEREAS, the Town heretofore determined that it was
beneficial to its citizens (i) to acquire the water system owned by
Clifford Ray Honea and Ethel Wynema Honea, husband and wife, doing
business as Honea Water Company (the "First Water System "), consisting
of certain real property and certain personal property (the "Initial
First Water System Improvements ") with respect to the First Water
System and (ii) to acquire the facility presently being used as the
municipal complex for the Town (the "Municipal Complex "), consisting
of certain other real property and to make certain necessary
improvements to the First Water System (the "New First Water System
Improvements" and collectively, with the Initial First Water System
Improvements, the "First Water System Improvements" and the
acquisition of the First Water System, the acquisition of the
Municipal Complex and the making of the New First Water System
Improvements, collectively, the "First Project"); and
WHEREAS, the Corporation assisted the Town in financing the
First Project; and
WHEREAS, in order to finance the costs of the First
Project, the Corporation issued its $280,000 aggregate principal
amount of Town of Marana Municipal Property Corporation Municipal
Facilities Revenue Bonds, Series 1990, dated as of March 1, 1990 its
$315,000 aggregate principal amount of Town. of Marana Municipal
Property Corporation Municipal Facilities Revenue Bonds, Series 1992,
dated as of June 1, 1992 (collectively, the "outstanding Bonds "); and
WHEREAS, the Town further heretofore determined that it was
beneficial to its citizens (i) to refinance the Outstanding Bonds and
(i i ) (A) to acquire the water systems ]mown as "Cortaro Marana,"
"Marana Water Service," "Tucson Water," "Lynn Lee" and "RLOS"
(collectively, the "Second Water Systems " ) , consisting of certain real
property and certain personal property (the "Second Water Systems
Improvements" and collectively, with the First Water System
Improvements, the "Water System Improvements ") with respect to the
Second Water Systems and (B) to (I) make certain improvements to the
Water System Improvements, (II) make certain road and related improve-
ments, (III) acquire certain real property upon which to construct a
town hall (the "Town Hall Property ") and (IV) acquire a modular
building (the "Modular Building ") , the property described in clauses
(B) (I) , (II) and ( IV) being as described on Exhibit E attached to the
hereinafter described Base Town Lease and collectively, with the
acquisition of the Second. Water Systems and the project described in
clause (B) (II) , being referred to herein as the "Second Project"; and
WHEREAS, the Corporation assisted the Town in refinancing
the outstanding Bonds and in financing the Second Project; and
WHEREAS, in order to refinance the outstanding Bonds and to
finance the costs of the Second Project, the Corporation issued its
$8,175,000 Town of Marana Municipal Property Corporation Municipal
Facilities Revenue Bonds, Series 1997, dated as of October 1, 1997
( the "Series 1997 Bonds ") ; and
WHEREAS, the Town further heretofore determined that it was
beneficial to its citizens W instead of acquiring the water systems
known as "Tucson," "Lynn Lee" and "KLOS , ' to apply the proceeds of the
sale of the Series 1997 Bonds which were to be applied thereto, along
with approximately $260,000 of proceeds of the sale of the Series 1997
Bonds which remained after the acquisition of the Town Hall Property,
to certain road projects and (ii) instead of acquiring the Modular
Building, to apply the proceeds of the sale of the Series 1997 Bonds
which were to be applied thereto to certain tenant improvements to a
building being leased by the Town; and
WHEREAS, pursuant to a First Amendment to Amended. and
Restated Town Lease and Series 1992 Town Lease, dated as of February
1, 2000, by and between the Corporation, as lessor, and the Town, as
lessee, among other things, certain amendments were made to the Base
Town Lease for purposes of the foregoing; and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens to design, acquire, construct and
equip a municipal complex on the Town Hall Property (the "Third
Project"), and
WHEREAS, the Corporation assisted the Town in financing the
Third Project; and
WHEREAS, in order to finance the costs of the Third
Project, the Corporation issued its Town of Marana Municipal Property
Corporation Municipal Facilities Revenue Bonds, Series 2000, dated as
of February 1, 2000 (the "Series 2000 Bonds "); and
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WHEREAS, in connection with the issuance of the Series 2000
Bonds, the Corporation entered into a First Supplement to Amended and
Restated. Town Lease and Series 1992 Town Lease, dated as of February
1 2000 (the "First Supplement to Base Town Lease ") , with the Town
pursuant to which (i) the Corporation extended the lease of the Town
Hall Property to the Town and leased improvements with respect to the
Third Project ( the "Town Hall Improvements") to the Town and (ii) the
Town (A) extended the lease of the Town. Hall Property from the Corpo-
ration and leased. the Town Hall Improvements from the Corporation and
(B) as agent for the Corporation, agreed to design, acquire, construct
and equip, as the case may be, the Third Project; and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens to use a portion of the remaining
proceeds of the sale of the Series 2000 Bonds to acquire certain prop-
erty to serve as an operations center for the Town (the "operations
Center Property ") and to include such property as part of the property
which is the subject of the First Supplement to Base Town Lease; and
WHEREAS, pursuant to a Combined operations Center Property
Ground. Lease and Second Amendment to Amended and Restated Town Lease
and Series 1992 Town Lease (as supplemented by the First Supplement to
Base Town Lease) , dated as of April 1, 2002, by and between the Corpo-
ration, as lessor, and the Town, as lessee, among other things, cer-
tain amendments were made to the First Supplement to Base Town Lease
for purposes of the foregoing; and
WHEREAS, thereafter the Town determined for the benefit of
its citizens that a portion of the operations Center Property and a
portion of the Municipal complex Real Property should be released from
the terms and provisions of the First Supplement to Base Town Lease
affecting it and that other property transferred to the corporation
should be made a part of the Town Hall Property pursuant to a Third
Amendment to Amended and Restated Town Lease and Series 1992 Town
Lease (as supplemented by the First Supplement to Town Base Lease),
dated as of September 1, 2003, by and between the Corporation, as
lessor, and the Town, as Lessee, and;
WHEREAS, the Town also further heretofore determined that it
was beneficial to its citizens to design, acquire, construct and equip,
as the case may be, additional parts of the new municipal complex on
the Town Hall Property ( the "Fourth Project ") ; and
WHEREAS, the Corporation assisted the Town in financing the
Fourth Project; and
WHEREAS, in order to finance the costs of the Fourth
Project, the Corporation issued its $19,700,000 Town of Marana
Municipal Property Corporation Municipal Facilities Revenue Bonds,
Series 2003, dated as of September 1, 2003 (the "Series 2003 Bonds " ) ;
and
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WHEREAS, in connection with the issuance of the Series 2003
Bonds, the corporation entered into the Second Supplement to Amended.
and Restated Town Lease and Series 1992 Town Lease, dated as of
September 1, 2003 (the "Second. Supplement to Base Town Lease ") , with
the Town pursuant to which (i) the corporation extended the lease of
the Town Hall Property to the Town and leased improvements with respect
to the Fourth Project (the "Additional Town Hall Improvements ") to the
Town and (ii) the Town (A) extended the lease of the Town Hall Property
from the Corporation and leased the Additional Town Hall Improvements
from the Corporation and ( B ) as agent for the Corporation, agreed to
design, acquire, construct and equip, as the case may be, the Fourth
Project; and
WHEREAS, the Town, also
was beneficial to its citizens to
as the case may be, final parts
Town Hall Property (the "Fifth Pr
the bonds heretofore issued by
Refunded ") ; and
further heretofore determined that it
design, acquire, construct and equip,
of the new municipal complex on the
of ect" ) and to refinance a portion of
the corporation (the "Bonds Being
WHEREAS, the Corporation assisted the Town in financing the
Fifth Project and refinancing the Bonds Being Refunded ( the "Second
Refunding ") ; and
WHEREAS, in order to finance the costs of the Fifth Project
and the Second Refunding, the corporation issued its $8,575,000 aggre-
gate principal amount of Town of Marana Municipal Property Corporation
Municipal Facilities Revenue Bonds, Series 2004, dated as of August 1,
2004 (the "Series 2004 Bonds ") ; and
WHEREAS, in connection with the issuance of the Series 2004
Bonds, the Corporation entered into the Third. Supplement to Amended. and
Restated. Town Lease and Series 1992 Town Lease, dated as of August 1,
2004 (the "Third Supplement to Base Town Lease " ) , with the Town
pursuant to which (i) the corporation extended the lease of the Town
Hall Property to the Town and leased improvements with respect to the
Fifth Project (the "Final Town Hall Improvements ") to the Town and
(ii) the Town (A) extended the lease of the Town Hall Property from the
Corporation and leased the Final Town Hall Improvements from the
Corporation and (B) as agent for the corporation, agreed to design,
acquire, construct and equip, as the case may be, the Fifth Project and
provide for matters related to the Second Refunding; and
WHEREAS, the Town also further heretofore determined that it
was beneficial to its citizens to design, acquire, construct and equip,
as the case may be, extensions and additions to the sewer lines and
interceptors in Silverbell Road and to the Town's Airport, extensions
and improvements to Camino de Marana and Dove Mountain Roads and
improvements to Cortaro Silverbell District Park as well as other
sewer, transportation and park projects (the "Sixth Project ") ; and
WHEREAS, the Corporation assisted the Town in financing the
Sixth Project; and
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WHEREAS, in order to finance the costs of the Sixth Project,
the Corporation issued its $39,790,000 aggregate principal amount of
Town of Marana Municipal Property Corporation Municipal Facilities
Revenue Bonds, Series 2008, dated August 13, 2008 (the "Series 2008
Bonds ") ; and
WHEREAS, in connection with the issuance of the Series 2008
Bonds, the Corporation entered into the Combined Cortaro Silverbell
District Park Ground Lease and Fourth Supplement to Amended. and
Restated Town Lease and Series 1992 Town Lease, dated as of August 1,
2008 (the "Fourth Supplement to Base Town Lease "), with the Town pur-
suant to which (i) the Corporation extended the lease of the First
Water System Real Property, the Municipal Complex Real Property, the
First Water System Improvements, the Second Water System Real Prop-
erty, the Second Water System Improvements, the Town Hall Property,
the Town Hall Improvements, the Additional Town Hall Improvements and
the Final Town Hall Improvements and the operations Center Property
(collectively, the "Existing Leased Property ") to the Town, leased
back the real property described as "Cortaro Silverbell Park Prop-
erty," ground leased by the Town to the Corporation pursuant thereto
and leased. the Sixth Project to the Town and (ii) the Town (A) ground
leased the Cortaro Silverbell Park Property to the Corporation and
leased the same back from the Corporation, extended the lease of the
Existing Leased Property from the Corporation and lease the Sixth
Project from the Corporation and (B) as agent for the Corporation,
agreed to design, acquire, construct and equip, as the case may be,
the Sixth Project; and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens to add another part to the Sixth
Project; and
WHEREAS, pursuant to a Fourth Amendment to Amended and
Restated Town Lease and Series 1992 Town Lease as supplemented by
First, Second, Third and Fourth Supplements to Amended and Restated.
Town Lease and Series 1992 Town Lease, dated as of September 1, 2009
( the "Fourth Amendment to Base Town Lease"), by and between the Corpo-
ration, as lessor, and the Town, as lessee, an amendment was made to
the Fourth Supplement to Base Town Lease for purposes of the
foregoing; and
WHEREAS, the Town also further heretofore determined, that
it was beneficial to its citizens that another portion of the Existing
Leased Property should be released from the terms and provision of the
Fourth Supplement to Base Town Lease affecting it pursuant to a Fifth
Amendment to Amended and Restated Town Lease and Series 1992 Town
Lease as supplemented by First, Second, Third and Fourth Supplements
to Amended. and Restated. Town Lease and Series 1992 Town Lease, dated
as of September 1, 2015 ( the "Fifth Amendment to Base Town Lease"), by
and between the Corporation, as lessor, and the Town, as lessee; and
WHEREAS, the Series 1997 Bonds, the Series 2000 Bonds, the
Series 2003 Bonds, the Series 2004 Bonds, the Series 2008 Bonds and
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any additional obligations on a parity therewith shall be secured by a
Trust Indenture, dated as of October 1, 1997, as supplemented by a
Series 2000 Supplemental Trust Indenture, dated as of February 1,
2000, a Series 2003 Supplemental Trust Indenture, dated as of Septem-
ber 1, 2003, a Series 2004 Supplemental Trust Indenture, dated as of
August 1, 2004, and a Series 2008 Supplemental Trust Indenture, dated
as of August 1, 2008 (collectively, the "Indenture ") , from the Corpo-
ration to Norwest Bank Arizona, N.A. (now wells Fargo Bank Arizona,
N.A., as trustee (the "Trustee "), pursuant to which is pledged, among
other things, rental payments made pursuant to the Base Town Lease,
the First Supplement to Base Town Lease, the Second Supplement to Base
Town Lease, the Third Supplement to Base Town Lease and the Fourth
Supplement to Base Town Lease; and
WHEREAS, pursuant to Section 11.08 of the Indenture, the
Corporation will not, without written consent of the Trustee, alter,
modify or cancel, or agree or consent to alter, modify or cancel, the
Fourth Supplement to Base Town Lease or any other agreements thereto-
fore or thereafter entered into by the Corporation which relate to or
affect the security of the Series 2008 Bonds, but with the written
consent of the Trustee, may consent to alterations and modifications
thereof, provided that no such alterations or modifications will
decrease the amounts available for payment of the Series 2008 Bonds or
will render the income of the Corporation or the interest on the
Series 2008 Bonds taxable to the recipient, and provided further that
prior to giving its consent with respect to an alteration or
modification of the Fourth Supplement to Base Town Lease, the Trustee
shall obtain an opinion of counsel or financial consultant selected by
the Trustee that the proposed alteration or modification will not be
materially adverse to the interests of the owners of the Series 2008
Bonds, will not decrease the amounts of available for payment of the
Series 2008 Bonds and will not render the income of the Corporation or
the interest on the Series 2008 Bonds taxable under the income tax
laws of the United. States of America; and
WHEREAS, pursuant to a Sixth Amendment to Amended and
Restated. Town Lease and Series 1992 Town Lease (as supplemented by the
First Supplement to Base Town Lease, the Second Supplement to Base
Town Lease, the Third Supplement to Base Town Lease and the Fourth
Supplement to Base Town Lease) , to be dated as of May 3, 2016 (the
"Sixth Amendment to Base Town Lease " ) , by and between the Corporation
and the Town, among other things, an amendment is being made to the
Fourth Supplement to Base Town Lease; and
WHEREAS, there have been placed on file with the Clerk of
the Town and presented at the meeting at which this Resolution was
adopted the proposed form of the Sixth Amendment to Base Town Lease;
and
WHEREAS, it is hereby determined that the Corporation was
formed to assist the Town in financing its capital improvement
projects at no profit to the Corporation and the Corporation has not
and shall not make any profit by reason of the assistance it renders
r
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the Town in connection with this Resolution and the Sixth Amendment to
Base Town Lease;
Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF TOWN OF MAR.ANA, ARIZONA, THAT:
Section 1 . All actions (not inconsistent with the
provisions of this Resolution) heretofore taken by or at the direction
of the Town and its officers directed toward the approval and authori-
zation of the execution and delivery of the Sixth Amendment to Base
Town Lease are hereby approved and ratified.
Section 2 . The form, terms and provisions of the Sixth
Amendment to Base Town Lease in substantially the form of such
document (including the exhibits thereto) presented at the meeting at
which this Resolution was adopted, is hereby approved, with such
insertions, deletions and changes as are not inconsistent herewith and
as are approved by the officers authorized to execute the documents
(which approval will be conclusively demonstrated by their execution
thereof), and the Mayor and Vice Mayor and Clerk of the Town are
hereby authorized to execute and attest and deliver, respectively, the
Sixth Amendment to Base Town Lease and the President or Vice President
and Secretary of any other member of the Board of the Corporation are
hereby authorized to execute and attest and deliver, respectively, the
Sixth Amendment to Base Town Lease.
Section 3 . The officers of the Town shall take all action
necessary or reasonably required to carry out, give effect to and
consummate the transactions contemplated thereby, including without
limitation the execution and delivery of the closing and other docu-
ments required to be delivered in connection with the Sixth Amendment
to Base Town Lease.
Section 4 . This Resolution shall be and remain irrepeal-
able until the Series 1997 Bonds, the Series 2000 Bonds, the Series
2003 Bonds, the Series 2004 Bonds and the Series 2008 Bonds and the
interest thereon shall have been fully paid, cancelled and discharged.
Section 5 . If any section, paragraph, clause or provision
of this Resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this Resolution.
Section 5 . Any provisions of any bylaws, orders, proced-
ural pamphlets and resolutions inconsistent herewith are hereby waived
to the extent only of such inconsistency. This waiver shall not be
construed as reviving any bylaw, order, procedural pamphlet or resolu-
tion or any part thereof.
Section 7 . It is hereby found and determined that all
formal actions of the Mayor and Common Council of the Town and its
Board of Directors concerning and relating to the adoption of this
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Resolution were adopted in an open meeting and that all deliberations
that resulted in those formal actions were in meetings open to the
public, in compliance with all legal requirements of the State of
Arizona and the Town.
�;
ADOPTED AND APPROVED this 3rd day of May, 2416.
B......... .........
Ed Honea , ayor, , Town of Marana ,
Arizona
ATTEST:
J celyn Bronson, Town Clerk, 9
own of arana, Arizona
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7
A
EXHIBIT A
After recordation, please return to:
Michael Caf iso, Esq .
Suite 700
2375 East Camelback Road
Phoenix, Arizona 85016
SIXTH AMENDMENT
TO
AMENDED AND RESTATED TOWN LEASE AND SERIES 1992 TOWN LEASE
AS SUPPLEMENTED BY FIRST, SECOND, THIRD AND FOURTH SUPPLEMENTS
TO AMENDED AND RESTATED
TOWN LEASE AND SERIES 1992 TOWN LEASE
This SIXTH AMENDMENT TO AMENDED AND RESTATED TOWN LEASE AND
SERIES 1992 TOWN LEASE AS SUPPLEMENTED BY FIRST, SECOND, THIRD AND
FOURTH SUPPLEMENTS TO AMENDED AND RESTATED TOWN LEASE AND SERIES 1992
TOWN LEASE, dated as of May 3, 2015 (this "Sixth Amendment ") , by and
between TOWN OF MARANA MUNICIPAL PROPERTY CORPORATION, a nonprofit
corporation incorporated and existing under the laws of the State of
Arizona ( the "Corporation") , and the TOWN OF MARANA, ARIZONA, a
municipal corporation of the State of Arizona (the "Town ");
W I T N E S S E T H:
WHEREAS, the Corporation was formed to transact any or all
lawful business for which nonprofit corporations may be incorporated
under the laws of the State of Arizona, including, without limiting
the generality of the foregoing, any civic or charitable purpose such
as financing the cost of acquiring, constructing, reconstructing or
improving buildings, equipment or other real and personal properties
suitable for use by and for leasing to the Town or its agencies or
instrumentalities; and
WHEREAS, the Town heretofore determined that it was benefi-
cial to its citizens (i) to acquire the water system owned by Clifford
Ray Honea and Ethel Wynema Honea, husband and wife, doing business as
Honea Water Company ( the "First Water System"), consisting of the real
property described on Exhibit A attached to the Amended and Restated
Town Lease and Series 1992 Town Lease, dated as of October 1, 1997, as
amended by this Series 2000 First Amendment (collectively, the "Base
Town Lease"), by and between the Town and the Corporation (the "First
Water System Real Property ") and certain personal property (the "Ini-
tial First water System Improvements") with respect to the First Water
System and (ii) to acquire the facility presently being used as the
municipal complex for the Town (the "Municipal Complex "), consisting
of the real property described on Exhibit B attached to the Base Town
Lease (the "Municipal Complex Real Property ") and to make certain
necessary improvements to the First water System (the "New First water
System Improvements " and collectively with the Initial First water
System Improvements, the "First Water System Improvements " and the
acquisition of the First Water System, the acquisition of the Munici-
pal Complex and the making of the New First water System Improvements,
collectively, the "First Project"); and
WHEREAS, the Corporation assisted the Town in financing the
First Project; and
WHEREAS, in order to finance the costs of the First Proj-
ect, the Corporation issued its $280,000 aggregate principal amount of
Town of Marana Municipal Property Corporation Municipal Facilities
Revenue Bonds, Series 1990, dated as of March 1, 1990 and its
$315,000 aggregate principal amount of Town of Marana Municipal Prop-
erty Corporation Municipal Facilities Revenue Bonds, Series 1992,
dated as of June 1, 1992 ( collectively, the "Outstanding Bonds") ; and
WHEREAS, the Town further heretofore determined that it was
beneficial to its citizens (i) to refinance the outstanding Bonds and
(ii) (A) to acquire the water systems known as "Cortaro Marana,"
"Marana Water Service," "Tucson Water," "Lynn Lee" and "KLOS " ( collec-
tively, the "Second Water Systems"" }, consisting of certain real prop-
erty to be included as part of the Base Town Lease by amendment there-
to when acquired as Exhibit C to the Base Town Lease (the "Second
Water Systems Real Property ") and certain personal property (the
"Second Water Systems Improvements" and collectively, with the First
Water System Improvements, the "Water System Improvements ") with
respect to the Second water Systems and {B} to (I) make certain
improvements to the Water System Improvements, (II) make certain road
and related improvements, (III) acquire certain real property upon
which to construct a town hall (the "Town Hall Property " and collec-
tively with the First Water System Real Property, the Municipal Com-
plex Real Property and the Second Water Systems Real Property referred
to in the Base Lease as the "Real Property") to be included as part of
the Base Town Lease by amendment thereto when acquired as Exhibit D to
the Base Town Lease and, as since acquired, as described in Exhibit A
attached hereto and (IV) acquire a modular building (the "Modular
Building"), the property described in clauses ( B) (I) , (II) and (IV)
being as described on Exhibit E attached to the Base Town Lease and
collectively with the acquisition of the Second Water Systems, the
Town Hall Property, the Modular Building and the project described in
clause ( B) (II) being referred to herein as the "Second Project"; and
WHEREAS, the Corporation assisted the Town in refinancing
the outstanding Bonds and in financing the Second Project: and
o
WHEREAS, in order to refinance the outstanding Bonds and to
finance the costs of the Second Project, the Corporation issued its
$8,175,000 Town of Marana Municipal Property Corporation Municipal
Facilities Revenue Bonds, Series 1997, dated as of October 1, 1997
( the "Series 1997 Bonds"); and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens (i) instead of acquiring the water
systems known as "Tucson, " "Lynn Lee" and "KLOS, " to apply the
proceeds of the sale of the Series 1997 Bonds which were to be applied
thereto, along with approximately $260,000 of proceeds of the sale of
the Series 1997 Bonds which remained after the acquisition of the Town
Hall Property, to certain road projects and (ii) instead of acquiring
the Modular Building, to apply the proceeds of the sale of the Series
1997 Bonds which were to be applied thereto to certain tenant
improvements to a building being leased by the Town; and
WHEREAS, pursuant to a First Amendment to Amended and
Restated Town Lease and Series 1992 Town Lease, dated as of February
1, 2000, by and between the Corporation, as lessor, and the Town, as
lessee, among other things, certain amendments were made to the Base
Town Lease for purposes of the foregoing; and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens to design, acquire, construct and
equip a municipal complex on the Town Hall Property (the "Third
Project"); and
WHEREAS, the Corporation assisted the Town in financing the
Third Project; and
WHEREAS, in order to finance the costs of the Third Proj-
ect, the Corporation issued its Town of Marana Municipal Property Cor-
poration Municipal Facilities Revenue Bonds, Series 2000, dated as of
February 1, 2000 (the "Series 2000 Bonds ") ; and
WHEREAS, in connection with the issuance of the Series 2000
Bonds, the Corporation entered into a First Supplement to Amended and
Restated Town Lease and Series 1992 Town Lease, dated as of February
1, 2000 (the "First Supplement to Base Town Lease"),, with the Town
pursuant to which (i) the Corporation extended the lease of the Town
Hall Property to the Town and leased improvements with respect to the
Third Project (the "Town Hall Improvements ") to the Town and (ii) the
Town (A) extended the lease of the Town Hall Property from the Corpo-
ration and leased the Town Hall Improvements from the Corporation and
(B) as agent for the Corporation, agreed to design, acquire, construct
and equip, as the case may be, the Third Project; and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens to use a portion of the remaining
proceeds of the sale of the Series 2000 Bonds to acquire certain prop-
erty to serve as an operations center for the Town (the "Operations
3
Center Property ") and to include such property as part of the property
which is the subject of the First Supplement to Base Town Lease; and
WHEREAS, pursuant to a Combined operations Center Property
Ground Lease and Second Amendment to Amended and Restated Town Lease
and Series 1992 Town Lease (as supplemented by the First Supplement to
Base Town Lease), dated as of April 1, 2002, by and between the Corpo-
ration, as lessor, and the Town, as lessee, among other things, cer-
tain amendments were made to the First Supplement to Base Town Lease
for purposes of the foregoing; and
WHEREAS, thereafter the Town determined for the benefit of
its citizens that a portion of the operations Center Property and a
portion of the Municipal Complex Real Property should be released from
the terms and provisions of the First Supplement to Base Town Lease
affecting it and that other property transferred to the Corporation
should be made a part of the Town Hall Property pursuant to a Third
Amendment to Amended and Restated Town Lease and Series 1992 Town
Lease (as supplemented by the First Supplement to Town Base Lease ),
dated as of September 1, 2003, by and between the Corporation, as
lessor, and the Town, as Lessee, and;
WHEREAS, the Town also further heretofore determined that it
was beneficial to its citizens to design, acquire, construct and equip,
as the case may be, additional parts of the new municipal complex on
the Town Hall Property ( the "Fourth Project"); and
WHEREAS, the Corporation assisted the Town in financing the
Fourth Project; and
WHEREAS, in order to finance the costs of the Fourth
Project, the Corporation issued its $19,700,000 Town of Marana
Municipal Property Corporation Municipal Facilities Revenue Bonds,
Series 2003, dated as of September 1, 2003 (the "Series 2003 Bonds ") ;
and
WHEREAS, in connection with the issuance of the Series 2003
Bonds, the Corporation entered into the Second Supplement to Amended
and Restated Town Lease and Series 1992 Town Lease, dated as of
September 1, 2003 ( the "Second Supplement to Base Town Lease"), with
the Town pursuant to which (i) the Corporation extended the lease of
the Town Hall Property to the Town and leased improvements with respect
to the Fourth Project (the "Additional Town Hall Improvements ") to the
Town and (ii) the Town (A) extended the lease of the Town Hall Property
from the Corporation and leased the Additional Town Hall Improvements
from the Corporation and (B) as agent for the Corporation, agreed to
design, acquire, construct and equip, as the case may be, the Fourth
Project; and
WHEREAS, the Town also further heretofore determined that it
was beneficial to its citizens to design, acquire, construct and equip,
as the case may be, final parts of the new municipal complex on the
Town Hall Property ( the "Fifth Project") and to refinance a portion of
4
the bonds heretofore issued by the Corporation (the "Bonds Being
Refunded ") ; and
WHEREAS, the Corporation assisted the Town in financing the
Fifth Project and refinancing the Bonds Being Refunded ( the "Second
Refunding"); and
WHEREAS, in order to finance the costs of the Fifth Project
and the Second Refunding, the Corporation issued its $8,675,000 aggre-
gate principal amount of Town of Marana Municipal Property Corporation
Municipal Facilities Revenue Bonds, Series 2004, dated as of August 1,
2004 (the "Series 2004 Bonds"); and
WHEREAS, in connection with the issuance of the Series 2004
Bonds, the Corporation entered into the Third Supplement to Amended and
Restated Town Lease and Series 1992 Town Lease, dated as of August 1,
2004 (the "Third Supplement to Base Town Lease"), with the Town
pursuant to which (i) the Corporation extended the lease of the Town
Hall Property to the Town and leased improvements with respect to the
Fifth Project ( the "Final Town Hall Improvements") to the Town and
(ii) the Town (A) extended the lease of the Town Hall Property from the
Corporation and leased the Final Town Hall Improvements from the
Corporation and (B) as agent for the Corporation, agreed to design,
acquire, construct and equip, as the case may be, the Fifth Project and
provide for matters related to the Second Refunding; and
WHEREAS, the Town also further heretofore determined that it
was beneficial to its citizens to design, acquire, construct and equip,
as the case may be, extensions and additions to the sewer lines and
interceptors in Silverbell Road and to the Town's Airport, extensions
and improvements to Camino de Marana and Dove Mountain Roads and
improvements to Cortaro Silverbell District Park as well as other
sewer, transportation and park. projects ( the "Sixth Project"); and
WHEREAS, the Corporation assisted the Town in financing the
Sixth Project; and
WHEREAS, in order to finance the costs of the Sixth Project,
the Corporation issued its $39,790,000 aggregate principal amount of
Town of Marana Municipal Property Corporation Municipal Facilities
Revenue Bonds, Series 2008, dated August 13, 2008 (the "Series 2008
Bonds")- and
WHEREAS, in connection with the issuance of the Series 2008
Bonds, the Corporation entered into the Combined Cortaro Silverbell
District Park Ground Lease and Fourth Supplement to Amended and
Restated Town Lease and Series 1992 Town Lease, dated as of August 1,
2008 (the "Fourth Supplement to Base Town Lease"), with the Town pur-
suant to which ti7 the Corporation extended the lease of the First
Water System Real Property, the Municipal Complex Real Property, the
First Water System Improvements, the Second Water System Real Prop-
erty, the Second Water System Improvements, the Town Hall Property,
the Town Hall Improvements, the Additional Town Hall Improvements and
6i J
the Final Town Hall Improvements described in Exhibit A hereto and the
Operations Center Property (collectively, the "Existing Leased Prop-
erty ") to the Town, leased back the real property described in Exhibit
A hereto as "Cortaro Silverbell Park Property," ground leased by the
Town to the Corporation pursuant thereto and leased the Sixth Project
to the Town and (ii) the Town (A) ground leased the Cortaro Silverbell
Park Property to the Corporation and leased the same back from the
Corporation, extended the lease of the Existing Leased Property from
the Corporation and lease the Sixth Project from the corporation and
(B) as agent for the Corporation, agreed to design, acquire, construct
and equip, as the case may be, the Sixth Project; and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens to add another part to the Sixth
Project; and
WHEREAS, pursuant to a Fourth Amendment to Amended and
Restated Town Lease and Series 1992 Town Lease as supplemented by
First, Second, Third and Fourth Supplements to .Amended and Restated
Town Lease and Series 1992 Town Lease, dated as of September 1, 2009
(the "Fourth Amendment to Base Town Lease "), by and between the Corpo-
ration, as lessor, and the Town, as lessee, an amendment was made to
the Fourth Supplement to Base Town Lease for purposes of the
foregoing: and
WHEREAS, the Town also further heretofore determined that
it was beneficial to its citizens that another portion of the Existing
Leased Property should be released from the terms and provision of the
Fourth Supplement to Base Town Lease affecting it pursuant to a Fifth
Amendment to Amended and Restated Town Lease and Series 1992 Town
Lease as supplemented by First, Second, Third and Fourth Supplements
to Amended and Restated Town Lease and Series 1992 Town Lease, dated
as of September 1, 2015 (the "Fifth Amendment to Base Town Lease ") , by
and between the corporation, as lessor, and the Town, as lessee,
WHEREAS, the Town has determined for the benefit of its
citizens that another portion of the Existing Leased Property
described in Exhibit B hereto (the "Released Parcel") should be
released from the terms and provisions of the Fourth Supplement to
Base Town Lease affecting it pursuant to this Sixth Amendment;
NOW THEREFORE, PURSUANT TO LAW AND FOR AND IN CONSIDERATION
OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, IT IS HEREBY AGREED AS
FOLLOWS:
Section 1 . The reference to "Existing Leased Property" in
the Fourth Supplement to Base Town Lease shall not include the
Released Parcel. (As a result of this exclusion, all right, title and
interest of the corporation in and to the Released Parcel shall be
transferred to, and vested in, the Town, free from any lien or
encumbrance created by or arising through the Corporation (including
the Fourth Supplement to Base Town Lease).)
Section 2 . Except as otherwise specifically provided here-
in, the Base Town Lease, the Second Amendment to Base Town Lease, the
Fourth Supplement to Base Town Lease and the Fourth Amendment to Base
Town Lease are hereby ratified and confirmed in all respects, and no
merger of title or estates is intended hereby.
Section 3 . This Sixth Amendment
counterparts, each of which shall be an
shall constitute but one instrument,
may be executed in several
original, but all of which
7
IN WITNESS WHEREOF, the Corporation and the Town have
caused their respective names to be signed hereto by their respective
officers thereunto duly authorized, all as of the day and year first
above written.
TOWN OF MARANA MUNICIPAL PROPERTY
CORPORATION, an Arizona nonprofit
Corporation
By..... ...............................
Carol McGorray, President
ATTEST:
Lori Malangone, Secretary
TOWN OF MARANA, ARIZONA, a municipal
corporation
By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ■ .
Ed Honea, Mayor
. ■ . . . ■ ■ . ■ . . . . R ■ . ■ . ■ . ■ . . ■ . ■ ■ ■ a ■ ■ .
Jocelyn C. Bronson, Town Clerk
NAaa0r1iA "01 IAX�00M.a[M a079
. . a . ■ . ■ a . . . . ■ . . . . . ■ ■ . ■ . . ■ ■ . ■ . . ■ a
Frank Cassidy, Town Attorney
L,1
CONSENTED TO BY WELLS FARGO BANK,
N.A., AS TRUSTEE
By...............................
Title:
331675015.1
61
STATE OF ARIZONA }
} ss.
COUNTY OF PIMA }
On this, the ......... day of ................ 2016, before
me, the undersigned Notary Public, personally appeared Carol McCorray
and Lori Malangone, who acknowledged themselves to be the President
and Secretary, respectively, of the TOWN OF MARANA MUNICIPAL PROPERTY
CORPORATION, an Arizona nonprofit corporation, and that they, as such
officers, being authorized so to do, executed the foregoing Sixth
Amendment for the purposes therein contained by signing the name of
the Corporation by themselves as such officers.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
Notary Public
My Commission Expires:
STATE OF ARIZONA }
} ss.
COUNTY OF PIMA }
On this, the ......... day of . . . . . . . . . . . . . . a 2016, before
me, the undersigned Notary Public, personally appeared Ed Honea and
Jocelyn C. Bronson, who acknowledged themselves to be the Mayor and
Town Clerk, respectively, of the TOWN OF MARANA, ARIZONA, a municipal
corporation, and that they, as such officers, being authorized so to
do, executed the foregoing Sixth Amendment for the purposes therein
contained by signing the name of the municipal corporation by
themselves as such officers.
IN FITNESS WHEREOF, I have hereunto set my hand and
official seal.
Notary Public
My Commission Expires:
Notice required by A.R.S. Section 41- -313: The foregoing notarial
certificates) relate(s) to the Sixth Amendment to Amended and
Restated Town Lease and Series 1992 Town Lease, dated May 3, 2016,
executed by the Town of Marana Municipal Property Corporation, an
Arizona nonprofit Corporation, and the Town of Marana, Arizona, a
municipal corporation (the " Notarized Document "). The Notarized
Document contains a total of 24 pages.
10
EXHIBIT A
DESCRIPTION OF FIRST WATER SYSTEM REAL PROPERTY
The real property situate in Pima County, State of Arizona,
more particularly described as follows:
Pump Station No. 1 comprising a lot whose Southwest corner
is located approximately 140 feet East of the existing property line,
THENCE 95 feet East., THENCE 150 feet North, THENCE 95 feet West,
THENCE 150 feet South to the Southwest corner, as to be more
specifically legally described by survey performed by purchaser prior
to closing.
Pump Station No. 2 comprising all of Lot 51, Honea Heights
Subdivision, being a subdivision of part of the N112 of the NW
Section 33, T 11 S, R 11 E, G &SRB &M, Pima County, Arizona.
DESCRIPTION OF MUNICIPAL COMPLEX REAL PROPERTY
All that certain real property, situate in the County of
Pima, State of Arizona, being a part of the Southeast quarter of the
Northwest quarter of Section 27, Township 11 South, Range 11 East,
G. &S.R.B. &M., more particularly described as follows:
Beginning at the survey monument marking the North quarter
of said section 27;
THENCE South 00 deg. 14 min. 15 sec. East, a distance of
2629.68 feet to the East quarter corner of said section 27;
THENCE South 89 deg. 41 min. 25 sec. West, a distance of 30
feet to a point;
THENCE North 00 deg . . 14 min. 15 sec. West, a distance of 25
feet to a point, said point being the True Point of Beginning;
THENCE South 89 deg. 41 min. 25 sec. West along a line
parallel to the centerline of Barnett Road for a distance of 100.00
feet, to a point;
THENCE North 00 deg. 14 min. 15 sec. West along a line
parallel to the centerline of Lon Adams Road for a distance of 466.69
feet to a point;
THENCE North 89 deg. 41 min. 25 sec. East along a line
parallel to the centerline of Barnett Road for a distance of 100.00
feet to a point on the West right -of --way line of Lon Adams Road;
A--1
THENCE South 00 deg. 14 min. 15 sec. East along a line
parallel to the centerline of Lon Adams Road a distance of 466.69 feet
to the True Point of Beginning,
BUT NOT INCLUDING all of that portion of Northwest quarter
NW} of Section 27, Township 11 South, Range 11 East, Gila and Salt
River Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Southeast corner of said Northwest
Quarter (NW 1 -�) of Section;
THENCE S 89 0 18 1 55" W, (S 89 0 52 1 08 "W recorded in Docket
11081, Page 1230 ), along the South line of said Northwest Quarter (NW
I') a distance of 496.69 feet;
THENCE N 00 0 36 1 55 "W, (N 00 0 03,43 "W recorded in Docket
11081, Page 1230 ), a distance of 25.00 feet to a point on a line
parallel with and 25.00 feet North of said South line, also being the
North right-of-way line of Barnett Road;
THENCE S 89 0 18 1 55" W, (S 89 0 52 1 08 "W recorded in Docket
11081, Page 1230) , along said right- of-way line a distance of 479.02
feet to the point of beginning;
THENCE N 00036 "' (N 00 0 03 1 43 "W recorded in Docket
11081, Page 1230), 272.81 feet;
THENCE N 44 E, 51.48 feet;
THENCE N 45 0 33 1 12 " W, 58.64 feet to the West line of the
parcel recorded in Docket 11081, Page 1230, said point herein referred
to as Point "A";
THENCE S 00 0 36'55" E, (S 00 0 03 1 43 1 ' E recorded in Docket
11081, Page 1230 ), along said West line a distance of 350.69 feet to a
point on said right -of -way line;
THENCE N 89 E, (N 89'52 E recorded in Docket
11081, Page 1230), along said right-- of-way line a distance of 4.98
feet to the POINT OF BEGINNING, containing 3,062 square feet, more or
less,
COMMENCING at the above referenced Point " rA" ;
THENCE N 00 W, (N 00 W recorded in Docket
11081, Page 1230), along the West line of that Parcel recorded in
Docket 11081, Page 1230, a distance 567.71 feet to the POINT OF
BEGINNING;
THENCE continue N 00 (N 00 recorded in
Docket 11081, page 1230), along said West parcel line, a distance of
114.74 feet;
A -2
THENCE N 44 ° 18'55,. E, 20.80 feet;
THENCE along a non - tangent curve to the left, having a
radius of 50.00 feet, a central angle of 81 a radial line
through said point bears S 44 0 18'55" W, for an arc length of 71.44
feet to a point of reverse curvature;
THENCE along said reverse curve to the right, having a
radius of 50 feet, a central angle of 36 for an arc. length
of 32.18 feet to a point;
THENCE N 89 0 18 1 55" E, 148.10 feet;
THENCE along a non - tangent curve to the left, having a
radius of 495.00 feet, a central angle of 12 0 54 1 58 " a radial line
through said point bears N 32 0 38 1 15 1 . W, for an arc length of 111.59
feet to a point of tangency;
THENCE S 44 0 26 1 48" W, 102.23 feet;
THENCE along a non - tangent curve to the left, having a
radius of 85.00 feet, a central angle of 65 a radial line
through said point bears N 32 0 23'18" E, for an arc length of 97.66
feet to a point of non - tangent line;
THENCE N 45 0 33'12 " W, 8.81 feet to the POINT OF BEGINNING,
Containing 0.51 acres, more or less,
AND INSTEAD INCLUDING all of that portion of Northwest
Quarter (NW 1 4') of Section 27, Township 11 South, Range 11 East, Gila
and Salt River Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Southeast corner of said Northwest
Quarter (NW '�) of Section;
THENCE S 89 0 18 1 55 " W, (S 89 0 52 1 08" W recorded in Docket
11081, Page 1230), along the South line of said Northwest Quarter (NW
1 4) a distance of 496.69 feet;
THENCE N 00 0 36 1 55" W, (N 00 0 03'43 "W recorded in Docket
11081, Page 1230), a distance of 25.00 feet to a point on a line
parallel with and 25.00 feet North of said South line, also being the
North right-of-way line of Barnett Road;
THENCE S 89 W, ( S 89 W recorded in Docket
11081, Page 1230) , along said right- -of --way line a distance of 479.02
feet;
THENCE N 00 0 36 1 55" W, (N 00 0 03 1 43 "W recorded in Docket
11081, Page 1230 ), a distance of 272.81 feet;
THENCE N 44 E, 51.48 feet;
A -3
THENCE N 45 W, 58.64 feet to the West line of the
Parcel recorded in Docket 11081, page 1230, being the point of
beginning;
THENCE continue N 45 0 33 1 12" W, 237.71 feet;
THENCE N 44 0 26 1 48" E, a distance of 237.19 feet to a point
on the West line of said parcel;
THENCE S 00 0 36 1 55" E, along said line a distance of 380
feet to the POINT OF BEGINNING, containing 28,191 square feet, more
less.
DESCRIPTION OF SECOND WATER SYSTEMS REAL PROPERTY
Picture Rocks Well Site That portion of the NE4 of the
NW4 of Section 34, T 12 S, R 12 E: G& SRB &M, Pima County, Arizona, more
particularly described as follows:
Beginning at a 2" open iron pipe set in concrete at the N
Corner of said Section 34;
THENCE South 0 degrees 30 minutes 03 seconds East along the
midsection line of Section 34, 152.90 feet to the True Point of
Beginning;
THENCE continuing South 0 degrees 30 minutes 03 seconds
East 50.00 feet;
feet;
feet;
THENCE South 89 degrees 57 minutes 00 seconds West 50.00
THENCE North 0 degrees 30 minutes 03 seconds West 50.00
THENCE North 89 degrees 57 minutes 00 seconds East 50.00
feet to the True Point of Beginning.
Picture Rocks Reservoir Site That portion of the SE4 of
Section 4, T 13 S, R 12 E. G &SRB &M, Pima County, Arizona, more
particularly described as follows:
Beginning at the East ' corner of said Section 4, T 13 S, R
12 E. G &SRB &M, Pima County, Arizona:
feet;
THENCE South along the East line of section 4, 1,069.05
THENCE West at right angles 300.0 feet;
THENCE North at right angles, 85.0 feet to the True Point
of Beginning;
A -4
THENCE continuing North 134.03 feet to the Southerly line
of Picture Rocks Road;
Beginning.
THENCE North 56 degrees 50 minutes 00 seconds, 89.60 feet;
THENCE South 183.05 feet;
THENCE West at right angles 75.0 feet to the True Point of
Happ Acres Well Site (Airline ) : That certain parcel of
land designated and marked "WELLSITE" located and lying adjacent to
the Southwesterly portion of Lot 28 as shown on the Map or Plat of
"HAPPY ACRES" a subdivision of Pima County, Arizona, in Book 14 of
Maps and Plats at Page 45 thereof.
Happy Acres Well Site (Lambert): All of that parcel of
land designated and marked "WELLSITE" and known as Lot 29, of "HAPPY
ACRES SOUTH," a subdivision of Pima County, Arizona, as shown on the
recorded plat in the office of the Recorder of Pima County, Arizona,
in Book 20 of Maps and Plats at Page 14 thereof.
Palo Verde Well Site (JM Water Company) : East 100 feet of
West 116 feet of South 100 feet of NE4 SW4, Section 17, T 12 S, R 11
E . , G &SRB &M, Pima County, Arizona.
Honea East Well Site
Quarter of Section 33, Township
G. &S.R.B. &M., Pima County Arizona,
as follows:
That portion of the Northeast
11 South, Range 11 East of the
being more particularly described
COMMENCING at the Southwest Corner of the Northeast Quarter
of the Southwest Quarter of the Northeast of said Section 33;
THENCE North 89 deg. 24 min. 26 sec. East along the South
line of said Northeast Quarter of the Southwest Quarter of Northeast
Quarter of said Section 33, a distance of 140.00 feet to the Southwest
Corner of Cactus Country Racing Pigeon Club Parcel, Tucson, Arizona,
Inc. Docket 1975 Page 3, Pima County Recorders, ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE North 00 deg. 29 min. 07 sec. West along the East
line of said Cactus Country Racing Pigeon Club Parcel, also being
parallel with the West line of the said Northeast Quarter of the
Southwest Quarter of Northeast Quarter of Section 33, a distance of
150.00 feet;
THENCE North 89 deg. 24 min. 26. Sec. East along a line
parallel with the South line of the said Northeast Quarter of the
Southwest Quarter of Northeast Quarter of Section 33, a distance of
93.80 feet;
A -5
THENCE South 00 deg. 29 min. 07 sec. East, along a line
parallel with the said Cactus County Racing Pigeon Club Parcel, a
distance of 150.00 feet to a point on the said South line of the
Northeast Quarter of the Southwest Quarter of the Northeast Quarter;
THENCE South 89 deg. 24 min. 26 sec. West 93.80 feet to the
TRUE POINT OF BEGINNING.
Honea West Wellsite Lot 51 of Honea Heights, a
subdivision of Pima County, Arizona, according to the map or plat
thereof of record in the office of the County Recorder of Pima County,
Arizona, in Book 12 at Page 58 thereof.
CMID Well 22.1 That certain parcel or tract of land lying
in the Northeast Quarter of the Southwest Quarter of Section 22,
Township 11 South, Range 11 East, Gila and Salt River Base and
Meridian, Pima County, Arizona, more particularly described as
follows:
COMMENCING at the Northwest corner of said Northeast
Quarter of the Southwest Quarter of Section 22;
RUN THENCE North 89 degrees 38 minutes 30 seconds East,
along the interior quarter line of said Section 22, a distance of
689.03 feet to a point on a line parallel to and 420 feet from the
center line of the Southern Pacific Railroad right -of way;
RUN THENCE South 49 degrees 50 minutes East, along said
line parallel to the Southern Pacific Railroad right --of - way, a
distance of 505.50 feet to the TRUE POINT OF BEGINNING of the parcel
herein described;
RUN THENCE South 49 degrees 50 minutes East, a distance of
120 feet to a point;
RUN THENCE South 40 degrees 10 minutes West, a distance of
60 feet to a point;
RUN THENCE North 49 degrees 50 minutes West, a distance of
120 feet to a point;
RUN THENCE North 40 degrees 10 minutes East, a distance of
60 feet to the TRUE POINT OF BEGINNING;
EXCEPTING therefrom any part lying within Avra Street as
such street is shown on the plat of Marana Estates Subdivision No. 1
as recorded in Book 9 at page 85 of Maps and Plats in the office of
the County Recorder of Pima County, Arizona.
CMID Well 28.2 The South 50 feet of the North 355 feet of
the East 110 feet of the Northeast Quarter of the Northeast Quarter,
Section 28, Township 11 South, Range 11 East, Gila and Salt River Base
and Meridian, Pima County, Arizona.
�,
EXCEPT that portion lying within Sandario Road and as shown
on Book 2 of Road Maps at Page 173.
CMID Well 17P2 The Vest 100 feet of the North 100 feet of
Lot 147, of LA PUERTA DEL NORTE SUBDIVISION, according to the plat of
record in the office of the County Recorder of Pima County, Arizona,
recorded in Book 15 of Maps, Page 76 thereof.
CMID Well 8.1 That portion of the Southwest Quarter of the
Northeast Quarter of the Southeast Quarter of Section 8, Township 12
South, Range 12 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, more particularly described as follows:
COMMENCING at a point on the North right -of -way line of
Avra Valley Road (as established by Proceedings No. 760-A of the Board
of Supervisors of Pima County, State of Arizona) the map of which is
filed in the office of the County Recorder of Pima County, State of
Arizona, in Book 6 of Roads at Page 43 thereof, which point is 383.5
feet Westerly (South 89 degrees 48 minutes 14 seconds West) from the
intersection of said North right --of-way line of Avra Valley Road with
the East line of said Section 8 and which point is the most Easterly
corner of that property described in Docket Book 1799 at Page 227
thereof;
THENCE North 39 degrees 11 minutes 15 seconds West along
the Northeasterly line of said property described in Book 1799 at Page
227, a distance of 56.3 feet to a point;
THENCE North 54 degrees 02 minutes 30 seconds West along
the Northeasterly line of the property described in Book 1799 at Page
227, a distance of 450.00 feet to the TRUE POINT OF BEGINNING;
THENCE South 35 degrees 57 minutes 30 seconds West, a
distance of 70.0 feet to a point;
THENCE North 54 degrees 02 minutes 30 seconds West, a
distance of 60.0 feet to a point;
THENCE North 35 degrees 57 minutes 30 seconds East, a
distance of 70.00 feet to a point on the Northeasterly property line
of said property described in Book 1799 at Page 227;
THENCE South 54 degrees 02 minutes 30 seconds East, along
said Northeasterly property line a distance of 60.0 feet to the TRUE
POINT OF BEGINNING.
DESCRIPTION OF TOWN HALL PROPERTY
All of that portion of Northwest Quarter (NW 1/4) of
Section 27, Township 11 South, Range 11 East, Gila and Salt River
Meridian, Pima county, Arizona, described as follows:
A -7
COMMENCING at the Southeast corner of said Northwest
Quarter (NW 1/4) of Section;
THENCE S 89 0 18'55 1' W, along the South line of said
Northwest Quarter (NW 114) a distance of 496.69 feet;
THENCE N 00 a distance of 25.00 feet to a point on
a line parallel with and 25.00 feet North of said South line, also
being the North right-of -way line of Barnett Road, being the POINT OF
BEGINNING;
THENCE S 89 0 18 1 55" W, along said right -of --way line a
distance of 479.02 feet;
THENCE N 00 0 36 1 55" W, 272.81 feet;
THENCE N 44 E, 51.48 feet;
THENCE N 45 W, 296.35 feet;
THENCE continue N 45'33 W, 237.71 feet;
THENCE N 44 0 26 1 48" E, 255.83 feet;
THENCE along a tangent curve to the right, having a radius
of 44.00 feet, a central angle of 48'22 for an arc length of
37.15 feet to a point of reverse curvature;
THENCE along said reverse curve to the left, having a
radius of 90.00 feet, a central angle of 96 ° 45 1 40 ", for an arc length
of 151.99 feet to a point of reverse curvature;
THENCE along said reverse curve to the right, having a
radius of 44.00 feet, a central angle of 48 for an arc length
of 37.15 feet to a point of reverse curvature;
THENCE N 44 0 26 1 48 E, 133.60 feet;
THENCE along a tangent curve to the right, having a radius
of 405.00 feet, a central angle of 44 0 52 1 08 11 , for an arc length of
317.16 feet to a point of tangency;
THENCE N 89 0 18 1 55 11 E, 160.53 feet to the Northwest corner
of Parcel recorded in Docket 9348, Page 1408;
THENCE S 00 E, along the West line of said parcel a
distance of 160.00 feet to the Southwest corner thereof;
THENCE S 89 E, along the South line of said parcel a
distance of 255.00 feet to the West right -of -way line of Lon Adams
Road;
"TAN1603
THENCE S 00 0 35'55" E, along said right- -of -way line a
distance of 426.51 feet to the Northeast corner of a parcel recorded
in Docket 9325, Page 709;
THENCE S 89 0 18 1 55 " W, along the North line of said parcel a
distance of 466.69 feet to the Northwest corner thereof;
THENCE S 00 0 35 1 55" E, along west line of said parcel a
distance of 456.59 feet to the Southwest corner thereof, being the
POINT OF BEGINNING, Containing 15.88 acres, more or less.
THENCE S 00 0 36 1 55" E, along said line a distance of 3 80
feet to the POINT OF BEGINNING, containing 28,191 square feet, more or
less.
J
DESCRIPTION OF CORT.A.RO S ILVERBELL DISTRICT PARK PROPERTY
SILVERBELUCGRTARD PARR DESCRIPTION
All that certain parcel of land located within Section 35, Township 12 South, Range 12 East,
Gila and Salt River Meridian, Pima County, Arizona, described as follows:
Commencing at the Northeast corner of said Section 35;
Thence South 01'01'00" East along the west line of said Section 35, a distance of 592.01 feet to
the southeasterly line of Cortaro Road;
Thence along said southeasterly line of Cortaro Road, North 33 °30'07" East 159.33 feet;
Thence South 56 °29'53" East 35.00 feet;
Thence South 33 °30'07" Nest 120.00 feet to a point in the northeasterly line of Lot 1 of Parcels
56, 57, and 72, Continental Ranch, a subdivision of Pima County, Arizona, recorded in Book 60
of Maps and Plats at page 16 in the office of the Recorder of said Pima County, Arizona;
Thence along said northeasterly line of Lot 1, and Lot 7, South 56'29'53" East 230.00 feet to the
Point of Beginning;
Thence continuing South 56 °29'53" East 155.00 feet to the most easterly corner of said Lot 7;
Thence along the southeasterly line of said Lot 7 and Lot 6, of said subdivision, South 33 °30'07"
West 215.05 feet to the most easterly corner of Lot 8;
Thence along the northeasterly line of said Lot 8, South 56° 1T1 6" East 114.95 feet;
Thence continuing along said northeasterly line of Lot 8, South 56'10'25" East 161.83 feet;
Thence South 38 °57'27'west 101.39 feet;
Thence South 51 °02'33" East 21.59 feet to a point in the northwesterly line of a parcel conveyed
to Pima County by the Town of Marana, known as the "Library Parcel," recorded in Docket
13295, page 2701;
continued
A-10
S i l verbe l l /Cortaro Park, page 2
Thence along the said "library Parcel" the following courses and distances:
North 38 °57'27" East 163.16 feet;
North 03 °42'49" East 1.98.67 feet;
South 86 " East 40.00 feet;
South 03 °42'49" west 65.81 feet;
South 59'19'33" East 249.05 feet;
South 33'42'49" west 122.70 feet;
South 03 °42'49" west 71.81 feet;
South 56 " East 76.83 feet;
South 33 °42'49" west 57.62 feet;
South 56 0 41.'46" West 54.69 feet to a point in the easterly line of a parcel conveyed to Pima
County and recorded in Docket 13139, page 3218;
Thence along the easterly line of said parcel, South 18 West 14.59 feet to the
southeasterly comer of said parcel;
Thence along the southerly line of said parcel North 56 °29'41" west 9.86 feet to the intersection
with the southeasterly line of the "Library Parcel ";
Thence along said "Library Parcel," South 56 °41'46" `]Vest 144.12 feet to a point on the are of a
non - tangent curve, concave to the Southwest, having a radius of 425.00 feet, from which the
radius point bears South 56 °43'08" west;
Thence northwesterly along said "Library Parcel" and along the arc of said curve, to the left.
through a central angle of 23 °35'37" a distance of 175.04 feet, more or less, to the end of Mamie
Rai Drive as shown on said plat of Parcels 56, 57, and 72, Continental Ranch;
Thence along the end line of said Mamie Rai Drive, South 30 1 22'22" west 50.06 feet to the
boundary of Lot 9 of said Parcels 56, 57, and 71, Continental Ranch, said point also being a point
of compound curvature, from which the radius point bears South 33 °29'33" west 375.00 feet;
continued
A -11
Silverbell /Cortaro Park, page 3
Thence southeasterly and southerly along the boundary of said Lot 9, along the arc of said curve,
to the right, through a central angle of 66 an arc length of 436.58 feet to a point of
compound curvature;
Thence along said curve, to the right, having a radius of 25.00 feet, a central angle of 93'l 7' 02"
for an arc length of 40.70 feet to a point of reverse curvature;
Thence southwesterly along said curve, to the left, having radius of 225.00 feet, a central angle
of 56'25'52" for an arc length of 180.78 feet to a point of tangency;
Thence South 47 °02'56" west 109.00 feet to a point of curvature of a tangent curve, concave to
the North;
Thence northwesterly along said curve, having a radius of 25.00 feet, a central angle of
88 0 09'20 ", for an arc length of 38.47 feet, more or less, to the northeasterly right of way line of
Silverbell Road, said point being on a non - tangent curve, concave to the Southwest, from which
the radius point bears South 45'1 2'17" west 1507.39 feet;
Thence southeasterly along the said curve and the right of way of Silverbell Road, through a
central angle of 10 °51'58" a distance of 285.88 feet to a non - tangent line;
Thence continuing along said Silverbell Road right of way line, South 33 °57'02" East 400.00
feet to a point of curvature of a tangent curve concave to the North, having a radius of 880.00
feet;
Thence continuing along said Silverbell Road right of way line, along a curve to the left, through
a central angle of 29'47'10", an arc length of 457.48 feet to a point of tangency;
Thence continuing along said Silverbell Road right of way line South 6343'53" East 458.58 feet
to a point of curvature of a tangent curve, concave to the South, having a radius of 1030.00 feet;
Thence continuing along said Silverbell Road right of way line, along said curve to the right,
through a central angle of 26 °53'25" for an arc length of 483.40 feet;
Thence North 55 °35'05" East 1.43 feet;
Thence North 2 1. °37'09" East 659.68 feet to a point on the southwesterly line of the Santa Cruz
River, said point being on the arc of a non - tangent curve, concave to the Northeast from which
the radius point bears North 43 °25'52" East 2565.00 feet;
continued
A-12
S i l verbel l /Cortaro Park, page 4
Thence along the arc of said curve, to the right, through a central angle of 23 °59'24 ", for an arc
length of 1073.98 feet to a point of tangency;
Thence North 22 °35'33" West 203.03 feet to a point of curvature of a tangent curve, concave to
the Southwest, having a radius of 2310.28 feet;
Thence along said curve, to the left, through a central angle of 08 °06'35" for an arc length of
327.00 feet to a non - tangent line;
Thence South 59 °29'33" West 1.6.17 feet;
Thence South 89'30'14" West 109.27 feet;
Thence North 33 1 59'05" 'Vest 109.17 feet;
Thence North 89 °28' 49" East 1 09.26 feet to a point on the arc of a non - tangent curve, concave
to the Southwest, from which the radius point bears South 54 °44' 49" Nest 2,450.00 feet;
Thence along said curve, to the left, through a central angle of 21 for an arc length of
905.63 feet to a point of tangency;
Thence North 56 °30'08" West 78.03 feet;
Thence South 3390'07" west 100.11 feet;
Thence North 56'27'10" 'West 35.00 feet;
Thence South 33 °32'02" 'Nest 120.08 feet to the Point of Beginning;
A-13
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
SOUTH 30 FEET OF THE EAST 500 FEET OF THE WEST 1000 FEET OF THE NORTH
1200 FEET OF THE SOUTH 1275 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 12 EAST,
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA.