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HomeMy WebLinkAboutOrdinance 2003.32 Approving an exchange of real property east of the intersection of Cortaro and Silverbell Roads F. ANN RODRIGUEZ, RECORDER RECORDED BY: NMB · DEPUTY RECORDER 1134 PE2 SMARA TOWN OFMARANA ATTN~ TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12201 iPAGE= 4187 O. OF PAGES~ 2 EQUENCE= 20032440732 12/19/2003 RDIN 16:45 MAIL AMOUNT PAID MARANA ORDINANCE NO. 2003.32 $ 8.00 AN ORDINANCE OF TIlE MAYOR AND COUNCIL OF TIlE TOWN OF MARANA, ARIZONA, APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED EAST OF THE INTERSECTION OF CORTARO AND SILVERBELL ROADS; SPECIFICALLY, IN THE NORTHEAST QUARTER OF SECTION 34 AND IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 11 EAST, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, FOR OTHER PARCELS OF SUBSTANTIALLY EQUAL VALUE IN THE SAME AREA FOR PURPOSES INCLUDING THE RECONFIGURATION OF THE MARANA DISTRICT PARK SITE AND NEW PUBLIC LIBRARY AND THE CREATION OF PUBLIC ROADS AND OTHER IMPROVEMENTS TO SERVE THE DISTRICT PARK SITE AND NEW PUBLIC LIBRARY; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, in 2000, the Town received title by Charitable Gift Deed recorded at Docket 11411, Page 1616 to a certain parcel of property containing approximately 23.25 acres (the "Park Parcel") located east of the intersection of Cortaro and Silverbell roads, where the Town intends to build and operate a district park and new public library; and WHEREAS, in 2002, the Town and ARIZONA PAVILIONS DEVEI~OPMENT, INC. ("Arizona Pavilions"), the owner of property adjacent to the Park Parcel, negotiated and agreed to an exchange to straighten out the boundary lines of the Park Parcel and adjacent Arizona Pavilions- owned land; and WHEREAS, the Town approved the boundary-straightening exchange on November 4, 2002 with the adoption of Town of Marana Resolution No. 2002-126; however, the land exchange agreement and deeds carrying out the exchange were not signed and recorded, and the Town now desires to complete the originally contemplated boundary-straightening land exchange; and WHEREAS, the Town wishes to acquire an approximately 2.09 acre parcel of land adjacent to the Park Parcel for the construction of a public library (the "Library Parcel"); and WHEREAS, 'Arizona Pavilions is willing to convey the Library Parcel to the Town in exchange for three Town-owned parcels in the immediate vicinity totaling approximately 1.06 acres (the "Trade Pieces"); and 4 I Marana Ordinance No. 2003.32 Page 1 of 2 WHEREAS, the properties that are being exchanged by the Town and the properties being received from Arizona Pavilions are specifically described and mapped on the exhibits attached to the Real Estate Exchange and Development Agreement; and WHEREAS, the parcels of land being exchanged are of substantially equal value; and, WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The exchange of lands as set forth in the document entitled "Real Estate Exchange and Development Agreement" presented to the Mayor and Council concurrently with this Ordinance is hereby authorized pursuant to the terms and conditions set forth in that Agreement. Section 2. The Mayor is hereby authorized to execute the Real Estate Exchange and Development Agreement and any and all deeds and other related documents necessary to carry out the terms of the Agreement. Section 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of December, 2003. Ma . ATTEST: celyn ~. Bronson, Town C~erk APPROV] D AS TO FORM: To y Marana Ordinance No. 2003.32 Page 2 of 2 0 1 4 ! F. ANN RODRIGUEZ, RECORDER RECORDED BY: NMB ~ DEPU'l lECORDER 1134 PE2 SlQ.RA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 AMOUNT PAID $ 18.00 REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMtNT TIDS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), ARIZONA PAVILIONS DEVELOPMENT, INC., an Arizona corporation ("Arizona Pavilions") and RANCH HOLDINGS L.L.C., an Arizona limited liability company ("Ranch Holdings"). Arizona Pavilions and Ranch Holdings are re- ferred to collectively as the "Owner." The Town, Arizona Pavilions and Ranch Holdings are sometimes collectively referred to as the "Parties," who are sometimes individually referred to as the "Party." RECITALS A In 2000, Ranch Holdings gave the Town a certain parcel of property containing ap- proximately 23.25 acres (the "Park Parcel") located east of the intersection of CoTtaro and 8il- verbell roads by Charitable Gift Deed recorded at Docket 11411, Page 1616 (the "Gift Deed"). B. Among other things, the Gift Deed restricted the use of the Park Parcel to "public rec- reational purposes" and provided that "[i]f the Property is not used for public recreational pur- poses for anyone year period, the Property will automatically revert to Grantor without further act or acknowledgment by Grantee." C. The Park Parcel has remained substantially unused through the date of this Agree- ment, the Parties desire to clarify that there has been no automatic reversion of the Park Parcel, and the Parties desire to modify the Park Parcel's automatic reversion and "public recreational purposes" provisions. D. In 2002, the Parties negotiated and agreed to an exchange to straighten out the bound- ary lines of the Park Parcel and adjacent Arizona Pavilions-owned land. The Town approved the exchange on November 4,2002 with the adoption of Town of Marana Resolution No. 2002-126; however, it now appears that the land exchange agreement and deeds canying out the exchange were not signed and recorded. E. The Parties desire as part of this Agreement to reaffirm and cany out the terms of the land exchange to straighten out the boundary lines of the Park Parcel and adjacent Arizona Pavil- ions-owned land. F. The Town wishes to acquire an approximately 2.25 acre parcel of land adjacent to the Park Parcel for the construction of a public library (the "Library Parce!"). G. The Owner is willing to convey the Library Parcel to the Town in exchange for three Town-owned parcels in the immediate vicinity totaling approximately 1.11 acres (the "Trade Pieces") and of substantially equal value as the Library Parcel. H. The Parties desire to address various other infrastructure and development issues relat- ing to properties owned by the Parties in the vicinity of COTtaro and 8iJverbell roads. TOWN OFMARANA /CONTINENTAL RANCH LrBRARY - 1 - REAL EST.4TE ExCHANGE & DEVELOPMENT AGREEMENT 11117/2003 9:44 AM IG' AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. No later than December 31,2003, the Parties will complete the follow- ing exchange of land: (A) Town to Arizona Pavilions. The Town shall transfer to Arizona Pavilions: (i) the portions of the Park Parcel identified as Trade Piece # I, Trade Piece #2 and Trade Piece #3 as set forth in the legal descriptions and map attached as Exhibits A, B and C respectively; and (ii) an ingress-egress easement over the 50-foot strip of land described in Exhibit D; and (iii) the portions of the Park Parcel identified as "Continental Ranch Parcel 56-57 Land Exchange (to Arizona Pavilions, Inc.)" as set forth in the legal description and map attached as Exhibit E. (B) Arizona Pavilions to Town. Arizona Pavilions shall transfer to the Town: (i) the Library Parcel identified as Trade Piece #4 in the legal description and map at- tached as Exhibit F; and (ii) an ingress-egress easement over the 50-foot strip of land described in Exhibit G; and (iii) the land identified as "Continental Ranch Parcel 56-57 Land Exchange (to Town of Marana.)" as set forth in the legal description and map attached as Exhibit E. 2. Order of Recording. Deeds for the parcels referenced in paragraphs 1 (A)(iii) and 1 (B)(iii), accomplishing the exchange of property intended to straighten out the boundary lines of the Park Parcel and adjacent Arizona Pavilions-owned land, shall be recorded first, followed by instru- ments carrying out the remaining transfers addressed by this Agreement. 3. Modification of Park Parcel "public recreational purposes" restriction. Owner shall rec- ord documentation in form and substance reasonably satisfactory to the Town replacing the Park Parcel's restriction that it be used solely for "public recreational purposes" with a restriction that it be used for any combination of the following: (A) Any public recreational purpose, or (B) Commercial purposes directly related to and supporting an actual recreational use occurring on the Park Parcel such as concessions and sporting equipment rentals directed pri- marily to users of the Park Parcel, or (C) Any municipal and government purpose except prisons, correctional facilities, refor- matories, treatment facilities and other facilities for the housing, incarceration or treatment of youth or adult criminal offenders, asylums, animal control facilities and soup kitchens, or (D) Vacant land or natural or disturbed open space. 4. Modification of Park Parcel reversion. Owner shall record documentation in form and substance reasonably satisfactory to the Town replacing the Park Parcel's automatic reversion TOlfW OF MWANA /CONTlNENTAL RANCH LIBRARY REAL ESTATE ErCHANGE & DElEWPMEl\TAG/U:"EMENT - 2 - 1111712003 9:44 AM " . . provision with a right of reversion by Owner exercisable upon Owner's demand to the Town after use of the Park Parcel in a manner inconsistent with the provisions of paragraph 3 above. 5. Bank protection. The Town will continue diligently and in good faith with the design, permitting and construction (which may be by or through the Pima County Flood Control Dis- trict) of bank protection along the southeast side of the Santa Cruz River south ofCortaro Road, resulting in the protection of the properties owned by the Parties in the vicinity of Cortaro and Silverbell roads. 6. Owner construction of improvements. Owner shall design, construct and pay for the public infrastructure improvements described in the improvement plans submitted to the Town by the WLB Group identified as Continental Ranch Parcels 56 & 57, Engineering No. ENG 0310-002, which shall be substantially completed not later than substantial completion of the public library on the Library Parcel. 7. Town reimbursement out of Construction Sales Tax revenues. Provided that the Owner has complied with all applicable public bidding requirements in the design and construction of the public infrastructure improvements referenced in paragraph 6 above, the Town shall reimburse the Owner out of Construction Sales Tax revenues generated and received by the Town as a result of the construction of Construction Sales Tax-generating activities occurring on the prop- erty identified as the "Construction Tax Reimbursement Area" on Exhibit H from the date of this Agreement until the tenth anniversary of this Agreement or until half of the cost of the design and construction of the public infrastructure improvements described in Exhibit H have been paid, whichever occurs first. No Town Construction Sales Tax revenues shall be paid over to the Owner until the Town has actually received construction sales tax revenues, the Owner has provided documentation satisfactory to the Town evidencing the payment and costs of the public infrastructure and the public infrastructure improvements are substantially complete. The Owner is responsible for assuring that all contractors who do work in the Construction Tax Reimburse- ment Area separately account for and report to the Town their construction activities within the Construction Tax Reimbursement Area, so that the Town can distinguish the activities that are subject to reimbursement under this paragraph from other construction work they do within the Town. 8. Dedication of public roadways by subdivision plat. Before the Owner may receive any construction sales tax reimbursement as provided in paragraph 7 above, ownership of the im- provements for which reimbursement is sought (see paragraph 6 above) shall be transferred to the Town and the land where the improvements are located shall be dedicated to the Town by subdivision plat or other instrument acceptable to the Town. 9. Not a subdivision. The reconfiguration of the properties affected by this Agreement and the location and construction of surrounding public infrastructure have been accomplished as an accommodation to and at the request and direction of the Town. The division of the lands by virtue of this Agreement are acknowledged to be actions of the Town, and are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws. 10. Development agreement. To the extent this Agreement governs the uses and development of property, it shall be considered a development agreement executed under the authority of AR.S. 9 9-500.05. i ~:J: TOWN OFMAR'1N4 /COA7INEN7:4L RANCH LIBRARY REAL E'5TATE ErCHANGE & DEVELOPMENT AGREEMENT 'l - -' - 11/1712003944 AM 11. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) 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 confinning copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653-9723 (520) 682-3401 Fax (520) 682-9026 If to the Owner: GREG WEXLER 7995 North Business Park Drive Tucson, AZ 85743 (520) 744-8500 Fax (520) 744-0749 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 \\!fitten notice thereof to the other parties in accordance with the tenns 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. 12. Miscellaneous. (A) This Agreement may not be modified except in a \\!fiting signed by the Parties. (B) 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 es- :.0-= TOHN OFMARAll/A /CON17NENT.4L R4NCH LiBRARY REAL ESTATE EXCHANGE & DEVELOPAfENT AGREEMENT - 4 - 11117/20039:44 AM tablishing its rights under tIus Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be 4eemed an original and aU of which, taken together, shall constitute one and the same agreement (G) 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 no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. ~ 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as'ifset forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TOWN OF MARANA, an Arizona munici- pal corporation By: Date: /2 . /? . tJ 1 . A ITEST: TOlf1N OF MAR7lNA /CON17NF.-NTAL Ncn LIBRARY OWNER: RANCH HOLDINGS L.L. c., an Arizona limited liability company ('<Ranch Holdings") BY~_~{~ 4dA Millard R Se din, Manager Date: It -1 - t/; ARIZONA P A VUJONS DEVEI.,OPMENT, INC., an Arizona corporation ("Arizona Pavilions") BY~ Mark Schlossberg, President Date: /J - /J-03 REAL ESTATli: ExCHANGE & DEVEWPMENT AGREEMENT - 5 - 1/11712003 9:44 AM STATE OF ARIzONA ) ss County of Pima ) The foregoing instnunent was acknowledged before me on~t... q I 200:3 by Millard R. Seldin of RANCH HOLDINGS L.L.c., an Arizona limited liability company, on behalf of the L.L.c. CA-k/o,r}t'o.- S'f'A.TE OF AtuzUNA ) ss County o(PiImt ) ~al1 J:>, yo The foregoing instrument was acknowledged before me on 1) ec / 'J; ~ 00 3 by Mark Schlossberg, President of ARIzoNA PAVILIONS DEVELOPMENT, INC., an Arizona corporation, on behalf of the corporation. KARLENE K. SILVER Notary Public - Ariz S Maricopa County ~ My Commission Expires February 24,2007 lveA. My' commission expires: ~/ S; ;/006 1.... ".-" / _/-,;~-"-'- V-~~#~~ ~ Nouiry Public --~-~-~l ...........-.........-... clOMARA GALEANO la CommIUlon'1~103 z -. Notary Public - California ! i Sa" DIog<> eou"" 1 1..- _ _ ~~~~",,:~~2~ TOWN OF MARANA ICONTlNENTAL RANCH LIBRARY REAl,ESTATE EXCHANGE & DEVELOPMENT AGREE!.fENT -6- lJIl? /2003 9:44 AM ...7\ I['13 ~OUg Inc. October 31, 2003 WLB No. 186031-K-056-1003 W:\LEGALS\ 186031 \Parcel 56\Corn-1 exchange.doc CONTINENTAL RANCH PARCEL 56-57 COMMERCIAL PARCEL (1) . TOWN OF MARANA TO ARIZONA PAVILIONS TRADE PIECE #1 That portion of the Northeast Quarter (NE 1/4) of Section 34, and Northwest One-Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows: . COMMENCING at the Northwest comer of said Section 35; . THENCE S 01001'00" E, along the West line of the said Northwest Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road; THENCE S 33030'07" W along said right-of-way line, a distance of 174.19 feet to the POINT OF BEGINNING; . THENCE S 56017'16" E, 194.23 feet, THENCEN 33019'47" E; 105.00 feet; THENCE N56017'1~" W,193.92 feet toa point on said Southeasterly right-of-way line of Cortaro Road; . THENCE S 33030'07" W, along said right-of-way line a distance of 105.00 feet to the POINT OF BEGINNING.. . Containing 0.47 acre, more or less. Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo \', I' .-" -' Page 1 of 1 EXHIBIT A Real Estate Exchange & Development Agreement (Page 1 of 2) <~ -~ 27 26 I ~PJllLE I~ W It o O. ;-8 O. .N 00> OLO U> c$ ~ ~O ~ \;C ~~ ~ i i EXHIBIT OF LAND EXCHANGE "1'1'l:llN' PARCEL 56-57 CONTINENTAL RANCH SECTIONS 34-35, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA EXHIBIT A Real Estate Exchange & Development Agreement (Page 2 of 2) WLB# project No. 186031-K56A-1003 11-03-2003 N:\ 186031\PAR56-57\EXIiJBIl\EXBT-TRADE1-2.DWG r~ /",,:, Ta.i3 ~OUQ Inc. August7,2003 WLB No. 186031-K-56A-1003 W:\LEGALS\186031 \Parcel 56\Com-2exchange.doc CONTINENTAL RANCH PARCEL 56-57 COMMERCIAL PARCEL (2) TOWN OF MARANA TO ARIZONA PAVILIONS TRADE PIECE #2 That portion of the Northwest One-Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Maranaj Pima County, Arizona, described as follows: COMMENCING at the Northwest comer of said Section 35; THENCE S 01001'00" E, along the West line ofthe said Northwest Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road; THENCE S 33DJO'07" W, along said right-of-way line, a distance of 174.19 feet; THENCE S 56<>17'16" E, distance of 244.23 feet, to 'the POINT OF BEGINNING; THENCE continue S 56017'16" E..175.77 feet; THENCE N 33030'07" E, 105.00 feet; THENCE N 56017'16" W, 176.09 feet; - THENCE S 33019'47" W, a distance of 105.00 feet to the POINT OF BEGINNING. Containing 0.42 acre, more or less. - - Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo Page 1 of 1 EXHIBIT B Real Estate Exchange & Development Agreement (Page I of2) >~~. 27 26 l~pWLEI~ \JJ t: o O. . ~ ~O O. .N Ocn OlD (f) c$ ~ f ~ (.;t::j ~ ~~ 'i::...F EXHIBIT OF LAND EXCHANGE "11'J1J.1'l PARCEL 56-57 CONTINENTAL RANCH SECTIONS 34-35, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA EXHIBIT B Real Estate Exchange & Development Agreement (Page 2 of 2) WLB# project No. 186031-K56A-1003 11-03-2003 N:\ 186031\PAR56-57\EXHIBIT\EXBT - TRADE1-2.DWG /:-:'\. ''':,',\ ." " August7,2003 WLB No. 186031-K-56A56-1003 W:\LEGAL8\ 186031 \Partel 56\Exchange.TOM-2.doc ~~i3 GYroug Inc. CONTINENTAL RANCH PARCEL 56-57 EXCHANGE PARCEL TOWN OF MARAN A TO ARIZONA PAVILIONS TRADE PIECE #3 That portion oftheNorthwest 9ne-Quarter (NW 1/4) of 8ection 35, Township 12 80uth, Range 12 East, Gila and 8alt RiverMeridian, Town of Marana, Pima County, Arizona, described as follows: COMMENCING at the Northwest comer of said Section 35; THENCE 8 01001'00" E, along the West line of the said Northwest Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road; THENCE 8 33DJO'07" W along said right-of-way line, 174.19 feet; _ THEN~E 8 56017'16" E, 534.96 feet; . THENCE S 56010'25" E, 225.44 feet; THENCE 856029'41" E, 148.15 feet to the most Northerly comer of the parcel deeded to the City of Tucson recorded in Docket 11505, Page 639; THENCE 8 33030'19" W, 100.00 feet to the Westerly comer thereof; THENCE 8 56029'41" E, 127.20 feet to the Southerly comer thereof; - THENCE 8 18017'29" W, 68.35 feet; THENCE 803017'19" W, 165.97 feet; THENCE 8 07032'02" E, 51.15 feet; THENCE 8 40053'47" W, 143.52 feet to the POINT OF BEGINNING; .%- THENCE continue 8 40053'47" W, 333.37 feet to a point of curvature of a non-tangent curve concave to the North, a radial line through said point bears 819017'48" E THENCE Northeasterly along said curve to the left, having a radius of 25.00 feet, a central angle of 17012'01", for an arc length of 7.51 feet to a point of tangency; --::1 -:.:} Page 1 of 2 EXHIBIT C Real Estate Exchange & Development Agreement (Page 1 of3) ,<~ <~ August 7, 2003 WLB No. 186031-K-56A56-1003 W:\LEGAL8\ 186031 \Parcel 56\Exchange.TOM-2.doc ~~i3 GVrouQ Inc. THENCE N 53030'11" E, 53.50 feet; THENCE N 60043'31" E, 54.22 feet to a point of curvature of a tangent curve concave to the Northwest; THENCE Northeasterly along said curve to the left, having a radius of 50.00 feet, a central angle of 54005'33", for an arc length of 47.20 feet to a point of reverse curvature; THENCE Nort~easterly along said curve to the right, having a radius of 50.00 feet, a central angle of 87015'29", for an arc length of 76.15 feet to a point of curvature of non-tangent cUrve,. a radial line through said point bears 859021'06" E THENCE Northerly along said curve to the left, having a radius of 375.00 feet, a central angle of 17051'58", for an arc length of 116.93 feet to the POINT OF BEGINNING. Containing 0.17 acre, more or less. Prepared by: . THE WLB GROUP, INC. Jack A. Buchanan, RL8 JAB:cll :4 -4 Page 2 of 2 EXHIBIT C Real Estate Exchange & Development Agreement (Page 2 of 3) ''7\ ~o~>~ 27 26 34 35 w ~~ ~ f. ~ ~ ~. ~. t-. \} ~ m u) CD .- CJl ~ ~ SAME poun / UPPER LEFT ~ ,,~ ,,~ ~ ~ ,,~ \ TRADE PIECE #3 0.17 AC EXHIBIT C Real Estate Exchange & Development Agreement (Page 3 of 3) INGRESS-EGRESS AND UTILlTIES EASEMENT 2: ::i..= ILB# prolect No. 186031-K56A-1003 1-04-2003 N:\ 186031\PAR56-57\EXHIBI1\EXBT-TRADE3.DWG EXHIBIT OF LAND EXCHANGE Wl1'mN' PARCEL 56-57 CONTINENTAL RANCH SECTION 35, T. 12 B., R. 12 E., G.B.R.M., PIMA COUNTY, ARIZONA /0 T~i3 '~OUP Inc. November 4, 2003 WLB No. 186031-K-56A-1003 W:\LEGALS\ 186031 \Parcel 56\CI.Access-2.doc CONTINENTAL RANCH . PARCEL56-57 INGRESS-EGRESS EASEMENT TOWN OF MARANA TO ARIZONA PAVILIONS A strip of land 50.00 feet wide within a portion of the Northwest One-Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, lying 25.00 feet on each side of the following described line: . COMMENCING at the Northwest comer of said Section 35; THENCE S 01001'00" E, along the West line of the said Northwest One Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road; THENCE S 33030'07" W along said right-of-way line, 174.19 feet; THEN.CE S 56017'16" E, 219.23 feet to the POINT OF BEGINNING; u _ . THENCE N 33019'47" E, 105.00 feet to the POINT OF TERMINUS. Prepared by: . THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo ::.:c Page 1 of 1 EXHIBIT D Real Estate Exchange & Development Agreement (Page 1 of 2) ,/ 26 .8 l~pWLBI~ o W a o. 0"- . 0 ..- . oN .0) Oil) o If) r::> ~ ~ r::> -., ~ ~ (;C ~. 7..e ~ INGRESS-EGRESS EASEMENT PARCEL 56-57 CONTINENTAL RANCH SECTION 35, T. 12 S., R. 12 E., G.B.R.M., PIMA COUNTY, ARIZONA EXHIBIT D Real Estate Exchange & Development Agreement (Page 2 of 2) WLB# project No. 186031-K56A-1003 11-03-2003 N:\ 186031\PAR56-57\EXHIBI1\EXBT -Acc-2.DWG 16(23/2603 09:41 15267440749 ll5ilO/2002 13;40 FAA 520 ^^1 7.~ /~ 0713012002 18: 33 FAX 1120 181:.\:> AZ PAVILIONS WLB CROUP Yll.A CROtJll .. )'~!L.CK SV}J .. :. :'7'\~ ~Yl I-"Aut. tlb ~ 002/007 WYVl.tV\lV July 29, 2002 WLB No. 186031~K056-1003X W:\LEGALS\ 166031\P ARCEL 56\EXCHANGE.AZPA V.DOC ~B GrOUQ tl< ~ -~ CONTINENTAL RANCH PARCEL 58-57 LAND EXCHANGE (TOWN OF MARANA TO ARIZONA PAVIUONS, INC.) That poi1lon of the Northeasl One-QLlarter (NE 1/4) of Section 34 and the Northwest One-QlJartel' (NW 1/4) of Section 35, Township 12 South. Range 12 East. Pima Coun1y, Arizona, described as follows: COMMENCING at the Northsast corner of .ald Section 34; THENCE S 01'Cl01'OO" E, along the East line'ofthe said Northeast One-Quarter (NE 1/4), a dIstance of 592.01 fee to the Southeasterly right-of-way line of Cortaro Roacf; THENCE S 33030'07" W along satd right-of-way line. 174.19 feet to Ihe POINT OF BEGINNING: - l'HENCE s 36~21'26"..e.f 167.52 feet; THENCe 556041'37" e, 106.06 feel: THeNce S 71018'34" E. 164.29 feel; THENCE S 39047'56" E. 52.27 (eet; THENCE S 79022'<1\9" e, 44.QO feet; THENCE N 56~17'1B" W, 5304.ga feel. Ie thel'OJNT OF BEGINNING: Containing .15.111 square feet, O1ore or less. ,;-' : \ ......, ' :\ .~c /1,. ~ prepared by: .: " THE WLB GROUP I INC. Jaek A. Buchan.n, RLS jAB:teg 5J Page 1 of 1 EXHIBIT E Real Estate Exchange & Development Agreement (Page 1 of 4) 10/23/2003 09:41 15207440749 ':0 AZ PAVILIONS f-'AGc. tl4 ~\ July 9, 2002 WLB No. 186031-K056.1003X W:\LEGALS\ 186031\PARCEL 56\EXCHANGE,TOM.OOC CONTINENTAL RANCH PARCEL 56-57 LAND EXCHANGE (TO TOWN OF MARANA) That portion or the Northwest One-Quarter (NW 114) of Section 35, Township 12 South, Range 12 East, Pima County, Arizona, described as fotlows: COMMENCING at the Northwest corner of sai:f Section 35; THENCE 501001'00" E. along the West line of the said Northwest on&Quarter (NW 1/4). a distance of 592.01 fee to the Southeasterly line of Cortaro Road: THENCE S 33D30'07" W along said southeasterly line. 174.19 feet; -~ THENCE S 38D27'26" E, 167.52 feet; THENCE 556041'37" e, 106.08 feet; THENCE S 71 g 18'34" E, 184.29 feet; THENCE 539041'56" E, 52.27 feet; THENCE S 79022'49" E, 44.90 feet; THENCE S 56010'25" E. 225,44 feet; THENCE S 56029'41" E, 248.15 feet; THENCE S 18017'29" W, 171.99 feet; THENCE S 03017'19" W, 165.97 feet; THENCE S or32'02" E. 51.15 feet. to thePOtNT OF SEGlNN1NG: THENCE S 07032'02" E.,~1.14 feet THENCE S 54049'10. WI 100.65 feet: THENCe S 51002'50" W, 63.25 feet; Page 1 of 2 EXHIBIT E Real Estate Exchange & Development Agreement (Page 2 of 4) 10(23/2003 09:41 15207440749 AL t-'AV1L1UN=> rHl..JC,. tJ.J /~ 'F'\ July 9. 2002 WLB No. 186031-K()56.1003X W;\LEGALS\186031\PARCEL 56\EXCHANGE.TOM.OOC 't( -~ THENCE S 37000'00" WI 92.04 feel: THENCE S 30021'05" W, 98.95 feet; THENCE S 04058'26" W, 111.55 feet; THENCE S 04056'44" W, 64.25 feet to the Northeasterly line of Silverbell Road; THENCE N 33'56'34" W along said NortheaSlerlY line, 27.16 feet to a poinlof curYlllUI1l of a tangent curve concave to the Southwest; THENCE Nor\I1W8Illerty continuing along said Nor\Ilelly line and ere of &SId cu..... to lhe lell. l1avlng a radIuS of 1.507.39 feel end a cenlral angle of 04' 04'01' for an arc dlslanca of 107.04 feet to a non-tangent line; THENCE N 40053'47" E. 493.95 feel to the POINT OF BEGINNING. containing 15.111 square feet, more or less. Prepared by: THE WLB GROUP I INC. Jack A. Buchanan, RLS JAB:teg Page 2 of 2 ~,'i EXHIBIT E Real Estate Exchan ae & Development Agree~1ent (Page 3 of 4) The WLB WLB Group . "'.. WLSI prolect No. 186031-KO$6-t003 - . -~.~ .. \ .___..., .....~t!' ~." r'VUIDIT\ t'vCT_1 ANI'\-I=''lt't";I-lIIJAC':J;:.DWC !~/L3IL~~3 ~~;ql l~L~/qq~(q~ HL. rHV.LL...J.UI'i;:) /S\ ~ 27 26 34 35 EXl111JIT TO ACCOJIPANY DESCR";;- ON LAND EXCHANGE rp~ . 'ffITIl/N PARCEL 58-57 CONTINENTAL RANCH SECTIONS 34-35. T. 12 S., R. 12 E., G.B.R.M., PIllA COUNTY, ARIZONA rHUr:. tJL ...~ EXHIBITE Real Estate Exchange & Development Agreement (Page 4 of 4) ~ <-:-> T~b ~OUR Inc. Revised September 9, 2003 January 7, 2003 WLB No. 186031-K-56A-1003 W:\LEGALS\ 186031 \Parcel 56\Library.doc CONTINENTAL RANCH PARCEL 56-57 LIBRARY PARCEL ARIZONA PAVILIONS TO TOWN OF MARANA TRADE PIECE #4 That portion of ~he Northwest One-Quarter (NW 1/4) of Section 35, Township 12 South,. Range .12 East, Gila ari!:l Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows: . COMMENCING at the Northwest comer of said Section 35; THENCE S 01001'00" E, along the West line of the said Northwest Quarter (NW 1/4), a. distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road; THENCE S 33e>JO'07" W, along said right-of-way line, a distance of 174.19 feet; THENCE S 56017'16" E, 534.96 feet, - - . THENCES 56010'25" E, 161.83 feet to the POINT OF BEGINNING; THENCE continue S 56010'2511 E,63.61 feet; THENCE S 56029'41" E, 148.15 feet to the most Northerly comer of the parcel deeded to the City of Tucson recorded in Docket 11505, Page 639; THENCE S 33030'19" W, 100.00 feet to the Westerly comer thereof; THENCE S 56029'41"E, 127.20 feet to the Southerly comer thereof; THENCE S 18017'29" W, 68.35 feet; THENCE S 03017'19" W, 165.97 feet; THENCE S 07032'02" E, 51.15 feet; THENCE S 40053'47" W, 143.52 feet to a point of curvature of a non-tangent curve concave to the West, a radial line through said point bears S77013'54" E; THENCE Northeasterly along said curve to the left, having a radius of 375.00 feet, a central angle of 69016'33", for an arc length of 453.41 feet to a point of a non-tangent line; Page 1 of 2 EXHIBIT F Real Estate Exchange & Development Agreement (Page 1 of3) --.-", ~p Inc. Revised September 9, 2003 January .7, 2003 WLB No. 186031-K-56A-1003 W:\LEGALS\ 186031 \Parcel 56\Library.doc THENCE N 30022'23" E, 50.07 feet to a point of curvature of a non-tangent curve concave to ~he Northeast; THENCE Northeasterly along the arc of a non-tangent curve to the right, having a radius. of 185.00 feet, a central angle of 1r38'16", a radial line through said point bears S 33007'30" W, for an arc distance of 56.95 feet to a point of compound curve; THENCE Northeasterly along the arc of said compound curve to the right, having a . radius of 40.00 feet, a central angle of 60023'22", for an arc distance of 42.1() feet to a point compound curve; THENCE Northeasterly along the arc of said compound curve to the right, having a radius of 185.00 feet, a central angle of 1r48'19", for an arc distance of 57.49 feet to ~ point of a non.tangent line; THENCE N 51002'33" W, 25.00 feet; THENCE N 38057'27'~ E, 101.39 feet to the POINT OF BEGINNING. Containing 2.09 acres, more or less. Prepared by: THE WLB GROUP; INC. Jack A. Buchanan, RLS JAB:mo ii/: Page 2 of 2 EXHIBIT F Real Estate Exchange & Development Agreement (Page 2 of 3) .~-:\ ..-......~"'\ 27 26 ~o~ . o~ ~~ ~ t _ 0.- 00 ~N 00> :-1[) o C/) o~ ~ o · .-Q; ~ AlP' \It. ~. ~ o ( ~ ~~ ~~ \,r'Q ''l..v.. ;.... 0> to co ,.... l~pWLBI~ (}l ~ :.... U!. EXHIBIT F Real Estate Exchange & Development Agreement (Page 3 of 3) WLB# project No. 186031-K56A-1003 EXHIBIT OF LAND EXCHANGE 11-03-12-2003 N:\ 186031\PAR56-57\ / / Wll'lflN ~\EXHJBIT\EXBT-TRADE4'DWG PARCEL 56-57 CONTINENTAL RANCH SE~ 34-35, T. 12 S., R. 12 E., G.S.R.M., / ( . \PIMA COUNTY, ARIZONA ~~-!- <~ T~~ ~OUP Inc. November 4, 2003 WLB No. 186031-K-56A-1003 W:\LEGALS\ 186031 \Parcel 56\CI-Access-1.doc CONTINENTAL RANCH PARCEL 56-57 INGRESS-EGRESS. EASEMENT ARIZONA PAVILIONS TO TOWN OF MARANA A strip of land 50.00 feet wide within a portion of the Northwest One-Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, lying 25.00 feet on each side of the following described line: COMMENCING at the Northwest comer of said Section 35; THENCE S 01001'00" E, along the West line of the said Northwest One Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road; THENCE S 33~0'07" W along said right-of-way line, 174.19 feet; . - --- - THENCE S 56017'16" E, 219.23 feet to the POINT OF BEGI.NNING; TI:IENCE S 33019~47" W, 86.00 feet to the POINT OF TERMINUS. Prepared by: THE WLB GROUP, INC. Jack A Buchanan, RLS JAB:mo Page 1 of 1 EXHIBIT G Real Estate Exchange & Development Agreement (Page 1 of 2) : -" '~, 27 26 l~pWLBI~ \.!.I t _ 0.... 00 ;.-~ 00> ~IO o (/) c~ ~ f ~ CJO 4Q-~ ~ INGRESS-EGRESS EASEMENT PARCEL 56-57 CONTINENTAL RANCH SECTION 35, T. 12 S., R. 12 E., G.B.R.M., PIMA COUNTY, ARIZONA EXHIBIT G Real Estate Exchange & Development Agreement (Page 2 of 2) WLB# project No. 186031-K56A-1003 11-03-2003 N:\ 186031\PAR56-57\EXHIBI1\EXBT-Acc-1.DWG >- 0:: <( o z ::> go <(UJ UJO 0::::> <(...J t-() ZX UJUJ :EUl UJZ UlUJ O::UJ ::>0:: alCl :E...J -<( UJ3: o::~ / . . ,. f. . ;~--~~, J .~f . Ila> --~ , -,-" tlIIlI: 1'_'_ ___I~_I\<'19o_O(J"'OO(!I/!'I';_""""" ; ,iJ a 0:::; W! >- 0:: <( o Z ::> o al~ .0 i5~ 0::::> <(....J .t-() n:ifj :EUl wZ UlUJ O::UJ ::>0:: alCl :E...J -<( UJ3: o::~ I Ii ( , f i[, r,nn ::.::::.:.:.:.:.:.:.:.:: :::::.:.:::::. :::.:. -=::;) O\lO~ O~\ll~O:J = ;~ .:~ ~ c....____________:.-:-~-~_:: EXHIBIT H Real Estate Exchange & Development Agreement (Page 1 of 1) Ii ,7,.