HomeMy WebLinkAboutResolution 2001-156 development agreement with gladden farmsMARANA RESOLUTION NO. 2001-156
A RESOLUTION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH GLADDEN FARMS, L.L.C. FOR THE PURPOSES OF INFRASTRUCTURE
DEVELOPMENT RELATED TO THE PROPOSED PROJECT.
WHEREAS, the growing population of the Town of~ places increasing demand upon
the existing irrfilkqtmcture in the region; and
WHEREAS, the Town desLres to develop new ilffrastmcture to meet the demands that are
placed upon the publi~ facilities as a consequence of incre~ing population and the proportionate
WHEREAS, the Town and the residents of the proposed Gladden Farms project will jointly
benefit from the development of the infr~m~cture contemplated in support ofthl-q project; and
WHEREAS, it is in the best interest of the citizens of the Town of Marana to improve the
capacity of the Town's existing public infrastructure through the development of new public parks,
roadways and facilities thereon.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marans, Arizona, that the Mayor is authorized to execute a Development Agreement with Gladden
Farms, L.L.C., establishing tl~ responmt~-ties of both the Town and Developer regarding the
infrastructure necessary to support the proposed project by Gladden Farms, L.L.C., and to establish
the phasing of the development of said improvements.
PASSED AND ADOPTED by the Mayor and Cbuncil ofth¢ Town of Marana, Arizona, 4e
day of December, 2001.
ATTEST:
APPROVEDASTOFORM:
Darnel J. Hochuli
As Town Attorney and not personally
F. lIltN RODRIGUEZ r FECORDER
RECOiWEO BY: YRN
DEi'U'1'Y RECOiWER
5131 ROOE
~
DANIEL J HOCHULI
220 E WETMORE :RD STE 110
~UCSON AZ 85705
DOCKE~: 11738
PAGE: 1900
NO. OF i'AGES: S8
SEQuENCE: 20020320512
02/15/2002
AG 16:44
MAJ:t.
AMOUNT PAID $ 34 . 50
DEVELOPMENT AGREEMENT
BETWEEN
TOWN OF MARANA, ARIZONA,
FIDELITY NATIONAL TITLE AGENCY, INC.
AND
GLADDEN FARMS, L.L.C.
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TABLE OF CONTENTS
Page
EXHI BIT LIST "..."...t..., .", ..., .... .... ........ ....... .... ...................... .." ...." I.t ...".,........................111
REC I TAL S .. ......"..t. I..... t... t. '...f ....."." ,...,. ........ .... .......... ...... ......... ....... ........... ...... ..... ......... .... 1
A G RE EM E NT ....... ............ ...... ..... .... ...,.. ..... ...... ....... ......... ...... ....... ...... .................... .......... 2
1.
Rezoning and Development Plans .............................................................. 2
1.1 Development in Accordance with the MDC,
the Rezoning and the Preliminary Development Plan _h.................... 2
1.2 Rezoning Conditions ..........___________. ______._.............. ............................. 2
1.3 Block Plat. __ ..__.. __. __.............................. ..... ....... ......... ................ .......... 2
1.4 Design Guidelines... ............ ____ .... .._____... ................................... ........-- 2
lnfrastru ctu re J mprovements ................ ............................... ........ .............. 3
2.1 Regional Public Infrastructure ........................................................... 3
2.2 Water Utilities................................... ................................................. 3
2.2.1 Transfer of Grandfathered Water Rights ............................... 3
2.3 Sewer Facilities.............................................. ...... ........ ...................... 3
2.4 Roadway IJnprovements ........... ............. ..............................._....__._..n 4
2.4.1 Tangerine Farms Road........__________________................................. 4
2.4.2 Moore Road ._____ ___....__......... ....... ...... ............. ...._.._.__m.___..__... 4
2_4.3 Lon AdanlS Road ................................................................... 4
2.4.4 Gladden Farms Drive...................................--...---------.-----...... 5
2.4.5 Proportionate Financial Share______.......................................... 5
2.5 Recreation Facilities/School Site ....................................................... 5
2.5.1 Regional Park/Trial Syslem .......................................__......._.. 5
2.5.1.1 Phasing of Improvements _____.__.................................. 5
2.5.1.2 Park Improvement Contribution .________....................... 5
2.5.2 SchoolJPark Sites ________...................................................________ 6
2.6 Bank Protection.. ......... ....,.......... ...... .......__. ____....__..... .............. ........... 5
2.7 Irrigation System ................................. ......................... ............--.------- 6
2.7.1 Cortaro-Marana Irrigation District.______..__.............................. 6
Responsibility for Financing Infrastructure Improvements ................... 6
Cooperation and Alternative Dispute Resolution .........mm...................... 7
4.1 Appointment of Representatives..................____.................................. 7
4.2 Timing... .__. ___.... .......................................... ...... ........__._______. .__............ 7
4.3 Defaul t; Remedies.................................. ........ ........._____________ __..... ....... 7
Pro tected Deve 10 pmen t Righ ts.................................................................... 7
5.1 Purpose........................................ no ........... ..................... ............. ....... 7
5.2 Future ul1pact Fees..................... ....... ......... _____._____........ ..................... 8
Notices and Filings. .............................................. ........................................ 8
6.1 Manner of Serving ..___m ....................... .......... ...... ............._.._.______...... 8
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T ABLE OF CONTENTS (Continued)
Page
7. General Terms & COD ditions...................................................................... 9
7.1 Telm............................................. ...................................................... 9
7.2 Sunset...... ............ ........... ....__.. ____ ______... ........ _________ ________________________..____ 9
7.3 Wai ver.................. ___. __. ____ .__.. __.. __................................ ...... .................. 9
7.4 Allomeys' Fees ................................ ........................... ....................... 9
7.5 Counterparts.. .....___ ___. ___. _....__ .................................. ..__.... __. ___ __ ___...... __. 9
7.6 Headings and Recitals............................................... ........... .............. 10
7.7 Exhibits __.___ ____ _ __. _______.. __. ___ ____. __.. __w..... __. .__.__. ___________ ___ ___ _________________ __ 10
7.8 Further Acts .......... ..... ............... ...................................... .............. ..... 10
7.9 Future Effect.. ................ ........ __.. __..__..... ............... .............................. 10
7 _ 9 _1 Successors __ ___...___ ___ ___. ____ ____ ____ __. ..__...... ........ .............. ..... __._._.. 10
7.10 Tem1ination Upon Sale to Public....................................................... 11
7.11 No Partnership and Third Parties....................................................... 11
7.12 Other Instrwncnts............................_.____..._____..w...__...______________n_____.n 11
7.13 Imposition of Duty By Law __________.._.................................................. 11
7.14 Entire Agreelnent. ........................ ....... .... ......... ...... ............................ 11
7.15 Amendment.... ............ ........... .................. ...... .......... .......... ................. 11
7.16 Names and Plans............................... ....... ......... ........... ......... ............. 12
7_17 Good Standing; Authority.................................................................. 12
7.18 Severability ........................................................................................ 12
7.19 Governing Law/Arbitration .____.______.._.........__..__...__00___......__..____....___.. 12
7.20 Recordation __. __. _. __ ___........................................................................... 12
7.21 No Developer Representations .......................................................... 13
7.22 Approval.. ........ ........... ...... ..... .......... ...................................u. ...__.______ 13
7 .23 Foree Maj eure u.....w..__.....w__ .______________.___00.__ ............._...................... 13
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DEVELOPMlliNTAGREEMffiNT
THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is
made by and between the TOWN OFMARANA, an Arizona municipal corporation
(hereinafter HTown"), FIDELITY NA TIONAl.. TITLE AGENCY, INC., AS TRUSTEE UNDER
TRUST No. 30,212 (hereinafter "Owner"), and GLADDEN FARMS, L.L.C., a Nevada
limited liability company (hereinafter "Developer").
RECITALS:
A. Owner owns approximately 714 acres of real property within the
corporate limits of the Tovm, as depicted on the map attached hereto as Exhibit "A"
and legally described on Exhibit "B" (hereinafter collectively referred to as the
"Prop erty").
B. Developer is the beneficiary lmder Fidelity National Title Agency, Inc.
Tmst No. 30,212 and is the developer of the Property.
C. The Developer intends to construct a master-planned community,
including single-family residences, approximately 41 acres of commercial uses, and
recreation/open space on the Property.
D. Pursuant to Marana Ordinance No. 2000.09, which was approved and
adopted on November 7,2000 (the "Ordinance"), attached hereto as Exhibit "C",
714 acres of the Property were conditionally rezoned from Zone "C", Zone "A" and
Zone "D" to "ve", "R-6", "R-7", "R-8", ''R-16'', and "R-144" (the "Rezoning"), in
order to facilitate development of the Property as delineated in the Preliminary
Development Plan, attached hereto as Exhibit "D".
E. The future development of the Property shall be subject to, among
other things, (i) the Northwest Marana Area Plan and General Plan, (ii) conditions of
the Ordinance, (iii) the Preliminary Development Plan, and (iv) the Marana
Development Code (including the written mles, regulations, procedures and other
policies relating to development ofland, whether adopted by the Mayor and COWlcil
or by Town staff) (the "MDC"), collectively establishing, among other things, the
type of land uses, location, density and intensity of such land uses, and community
character ofthe Property, and providing for, among other things, the development of
a variety of housing, recreation/open space and commercial opportunities.
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F. The Owner, the Developer and the Town desire that the Property shall
be developed in accordance with the 11DC, the Ordinance, the Northwest Marana
Area Plan and General Plan, and the Preliminary Development Plan, as amplified and
supplemented by this Agreement. The parties acknowledge that this Agreement is
intended to be consistent with the foregoing, and operates to the benefit of the Town,
the Owner, the Developer, and the public.
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EXHIBIT LIST
Exhibit # Description of Exhibit Prepared By
A Map of the property Developer
B Legal description of thc property Developer
C Ordinance No. 2000.09 approving rezoning Town
D Preliminary Development Plan Developer
E Cross-Section of Moore Road Developer
F Cross-Section of Lon Adams Road Developer
G Cross-Sectiou of Gladden Famls Drive Developer
H Regional ParkfTrail Site Plan Developer
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G. The parties understand and aCknowledge that this Agreement is a
"Development Agreement" within the meaning of, and entered into pursuant to the
terms of, A.R.S. 9 9-500.05, in order to facilitate the development of the Property by
providing for, among other Ihings, conditions, terms, restrictions and requirements for
the construction and installation of public infrastructure as more particularly
described herein, the phasing over time of construction or development on the
Property, and other matters related to the development of the ProperlY-
H. The Owner, the Town and the Developer acknowledge that the
development of the Property pursuant to this Agreement will result in planning and
economic benefits to the Town and its residents by, among other things, requiring
development ofthe Property consistent with the NIDC, the Ordinance, the Northwest
Marana Area Plan and General Plan, and the Preliminary Development Plan.
Now, TrIf;REFORE, in consideration of the foregoing premises and the
mutual promises and agreements set forth herein, the parties hereto state, confinn and
agree as follows:
AGREEMENT;
I. Re~oning and Development Plans.
1.1. Development in Accordance with the Northwest Marana Area
Plan. MDC. the Rezoning and the Preliminary Block Plat. Prior to the approval and
executIOn of this Agreement, the Town conditionally approved the Ordinance- The
Property shall be developed in accordance with the Ordinance, which, in conjunction
with the Northwest Marana Area Plan, the MDC and the Preliminary Block Plat, sets
forth the basic land uses, densities and intensities of such land uses as presently
authorized for the Property and development regulations related thereto_ Upon
compliance by the Developer with the applicable development review and approval
procedures as set forth in the Ordinance, the MDC and other Town ordinances, rules,
regulations and staLe laws, the Town agrees to approve or issue such permits, plans,
specifications, and/or plats of or for the Property as may be requested by the
Developer and which are consistent with the Ordinance, the Northwest Marana Area
Plan, the Preliminary Block Plat, and the MDC.
1.2. Rezoning Conditions. The Owner and the Developer agree to
fulfill all conditions outlined in the Ordinance and as may be clarified by this
Agreement for the Property.
1.3. Block Plat. The Town approved the Preliminary Block Plat on
May 22,2001. The Developer subsequently submitted the Final Block Plat, in
substantial conformance with the Preliminary Block Plat, on June 14,2001. The
Town agrees to review the Final Block Plat expeditiously and in good faith, and to
work diligently with Developer toward Final Block Plat approval.
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1.4. Design Guidelines. In compliance with Condition No. 19 ofthe
Ordinance and in order to insure a high level of design, the Developer has included
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detailed community design guidelines (the "Design Guidelines") with the Final
Block Plat submittal. The Design Guidelines include, but are not limited to, restricted
fencing and subdivision design limitations.
2. Infrastructure Improvements.
2.1. Regional Public Infrastructure. The Public Infrastructure
described in Section 2 of this Agreement will be provided by Developer in order to
serve the planned development of the Property, but will also facilitate and support the
ultimate development of the larger land area that includes the Property (the
"Regional Public Infrastructure"). The Town acknowledges that portions of the
Regional Public Infrastructure will be provided as part of the early phases of
development of the Property, prior to the time when such public infrastructure
facilities and services would otherwise be required to serve completed phases of the
development within the Property and, therefore, prior to the time Developer might
otherwise be required to provide or contribute to the cost of same and prior to the
time the expense of such public infrastructure facilities and services otherwise would
be justified by the phaslllg of development ofthe Property. Developer is willing to
provide the Regional Publie Infrastructure earlier than otherwise required for its
private development of the Property, and to have such Regional Public Infrastructure
utilized to facilitate and support development of the larger land area that includes the
Property only if Developer can complete development of the Property as provided for
in the Rezoning and this Agreement. The Town acknowledges tills commitment by
Developer and will reasonably cooperate to allow this development to proceed
pursuant to the Rezoning and this Agreement
2.2. Water Utilities. The Developer and the Town are cWTently
negotiating a Water Service Agreement, which sets forth the various agreements of
the parties relating to, among other things, the development, construction, dedication,
ownership, and design ofthe water system which shall serve the Property. TIus
Water Service Agreement shall be entered into prior to recordation of the Final Block
Plat [or the Property. The Town will aet on tile Water Service Agreement within a
reasonable time.
2.2.1. Transfer of Grand fathered Water Rillhts. The Owner shall
transfer to the Town, as prescribed by the Arizona Department of Water Resources,
the Irrigation Grandfathered Rights (TOR) water rights on lands deeded to the Town
pursuant to the Certificate of Grandfathcred Water Rights. On lands not deeded to
the Town, extinguishment credits will be transferred to the Town on the appropriate
Department of Water Resources form. In exchange, the Town shall provide
designation of assured water supply and water service to the Property.
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2.3. Sewer Faciljties. The Developer and Pima County Wastewater
Management (the "PCWM") are currently negotiating a Sewer Services Agreement
and Master Sewer Plan for approval by PCWM. The Developer shall construct all
sewer system improvements as required by Pima County. Prior to the
commencement of construction, Developer shall submit all plans to the Town for
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review and approval. The parties acknowledge that the Developer will be
constructing facilities that are oversized for this project, and will be receiving Sewer
Hookup Credits from PCWM in the amount of the marginal cost of oversizing. The
Town shall require that all development agreements for property in Northwest
Marana which use the oversized infrastmcture shall provide for a payment of not less
than five hundred ($500.00) dollars per unit to be paid to PCWM: for regional sewer
collector development.
2.4. Roadway Improvements.
2.4.1. Tangerine Fanus Road. In satisfaction of Condition No.6
of the Ordinance, the Developer has requested that the Town form an Improvement
District (the "ID") to construct the Tangerine Farms Road from 1-10 to Moore Road.
The Town, pursuant to state law, shall proceed expeditiously to form the ill. The ill
may only construct the surface improvements (i,e., grading, parking and median
landscaping, etc.) of Tangerine Farms Road from curb to curb and must construct
Tangerine Fanns Road to the same standard both on and off the Project site. At such
time as the ill is fomled, Developer will install any utilities required to service the
Project, as well as on-site shoulder and buffer landscaping. Timing of utility
improvements will be as necessary to support the development of the Project. The
timing oflandscape improvements will coincide with the landscape improvements of
any adjacent block in thc Project.
Tn the event the TO fails, Developer and Town will meet
within thirty (30) days to agree upon a revised funding, design and phasing plan for
the completion of Tangerine Farms Road in satisfaction of Condition No, 6 to the
Ordinance. Developer shall nol proceed with any development in Phases II, ill or IV
of the project until such alternative method to meet the plat condition has been
mutually agreed upon. Furthermore, the Town shall not release the assurances posted
to assure completion of the improvements set forth on the unal plat for each
development block delineated on the Preliminary Block Plat other than Phase I until
completion of Tangerine Farms Road. Failure of the ill shall not affect the
completion of development of Phase 1.
2.4.2. Moore Road. Moore Road is planned as a 2SD-foot right-
of-way. A cross-section of Moore Road is attached as Exhibit "E". The Developer
will install landscaping along the 100-foot wide buffer area on the south side of
Moore Road pursuant to Exhibit "E". These improvements will be installed
contemporaneously with each development block contiguous to Moore Road, and
will be completed prior to the release of the assurances posted to assure completion of
the improvements set forth on the final plat for each development block dellneated on
the Preliminary Block Plat.
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2.4.3. Lon Adams Road. Pursuant to Condition No.7 of the
Re7;oning, the Developer has completed the design ofthe realignment of Lon Adams
Road. Lon Adams Road will be a 90-foot right-of-way. A cross-section of Lon
Adams is attached as Exhibit "F". The Developer shall construct Lon Adams Road
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pursuant to Exhibit "F" m hvo phases, or as required and necessary to serve adjacent
blocks to be developed. The Phase 1 portion is the portion of Lan Adams Road
adjacent to and 1ncludes the first phase orthe development and will be completed
prior to the issuance of the 1 OOlh building permit Phase 2 is the balance of the
roadway and will be improved prior to the issuance of the 600lh build1ng permit.
2.4.4. Gladden Farms Drive. The Developer will improve
Gladden Farms Drive [or its entire length across the Property. Gladden Farms Drive
will be a 90-foot right-of-way. A cross-section of Gladden Farms Drive is attached
as Exhibit "G". The improvements will be completed in two phases, or as required
and necessary to serve adjacent blocks to be developed. Phase 11$ the portion of
Gladden Farms Drive WIthin the first phase of development and will be completed
prior to the issuance ofthe 1 oalh building permit. Phase 2 is the balance of the
roadway and wi II be improved prior to the issuance of the 1100111 building permit.
2.4.5. Proportionate Financial Share. Pursuant to Condition No.9
of the Rezoning requiring the Owner/Developer to contribute its proportionate
financial share to regional transportation improvements, completion of all
improvements in Section 2.4 of this Agreement is deemed to satisfy Condition NO.9.
Nothing in this Section 2.4.5 precludes the Town from levying future impact fees for
transportation as otherwise pemlitted pursuant to this Agreement and other laws.
2.5. Recreation Facilities/School Site. It is the Developer's intention,
which the Town acknowledges and relies upon, to incorporate significant recreational
facilities, including a regional park, trail system, and school sites. The reservation of
the school sites, and the transfer of ownership of the park sites pursuant to this
Section 2.5. satis1ies all requirements for open space contained in the MDC, the
Ordinance, and the Northwest Marana Area Plan and General Plan for the Project.
2.5.1. Regional ParkITrail System. Pursuant to Condition Nos. 12
and 14 of the Rezoning, the Owner agrees to dedicate Parcels 26, 27, 28 and 29 to the
Town for park facilities, trail system and flood control purposes. The Developer will
improve a portion ofthe 42-acre Parcel 26. The Improvements will include two L1ule
League baseball/soccer fields, a tot play structure, a group ramada and picnic area, an
"orchard landscaped" barbecue and picnic area, restroom facilities, roadways and
parking areas, and an underground pedestrian crossing of Tangerine Farms Road as
shown on the site plan attached hereto as Exhibit '.R" and the specifications to be
provided and approved by the Town.
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2.5.1.1. Phasing onmprovements. The Park Improvements
will be constructed no later than six (6) months after the completion of Tangerine
Fanus Road or upon the issuance of the six hundredth (600) building permit,
whichever first occurs.
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2.5.1.2. Park Improvement Contribmion. Developer shall pay
a $100 per unit Park Improvement Contribution for the Park Improvements, payable
upon the release of the assurances or issuance of substitute assurances posted to
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assure completion of the improvements set forth on the final plat for each
dcvelopment block delineated on 1he Preliminary Block Plat in an amount equal to
the number of homes for that block.
2.5.2. School/Park Sites. In compliance with Condition No. 13 of
the Ordinance, the Owner shall reserve not less than two (2) school sites, each a
minimwn often (10) acres in size and located in Blocks 7 and 10 ofllie Project, for
use by the Marana Unified School District (the ~'StbooJ District"). These sites shall
be delmeated at the time of Town approval of the preliminary plat for Blocks 7 and
10, respectively, and shall be acceptable to the Town's Parks and Rccreation Director
and the Development Services Administrator, in accordance with the Park, Trail and
Open Space System Master Plan, and must be deemed acceptable to the School
Distric1 and the Town's Development Services AdminiS1ra1or. The school site shall
be subject to all planning and engineering standards, ordinances, etc. in effect at the
time the school is developed. In the event either or both school sites are not
conveyed to the state or the School District within fifteen (15) years oithe date of this
Agreement, said site(s) shall be deeded to thc Town for use as a public park.
2.6. Bank Protection. In compliance with Condition No. 16 of the
Ordinance and Town Ordinance No. 99.02, Developer shall pay $500.00 per acre of
affccted property for bank protection as set forth hereinafter. Therefore, the total
obligation of Developer for the Project is $273,500 ($500 x 547 affected acres)-
Developer shall pay this obligation at the rate of$11 ,892.00 per block, for each of23
residential blocks according to the Approved Preliminary Block Plat. This payment
shall be payable upon the release of the assurances or issuance of substitute
assurances posted to assure the completion of the improvements set forth on the final
plat, for residential each block of development delineated on the Approved
Preliminary Block Plat.
2.7. Irrigation System. In compliance with Condition No. 17 of the
Rezoning, the Developer shall develop and construct an irrigation system, dedicated
to the Town, to distribute irrigation water throughout the Property.
2.7.1. COIiaro-Marana Irrigation District ("CMID'l). In
compliance with Condition No. 18 of the Rezoning, the Developer is working with
CMID to enter into a formal agreement conccrning the maintenance of the necessary
irriga1ion system and well sites to perpetuate the ability for CMID to have their users
ilrigate as necessary.
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3. Responsibility for Financing Infrastructure Improvements. Upon
request ofthe Developer, the Town s1aff shall process any request for a Community
Facilitics District pursuant to A.R.S. ~ 48-701, et seq. and the Town's Guidelines for
Establishment of Community Fad Iities Districts, and the Town Council shall
reasonably consider such request for a Community Facilities District.
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4. Cooperation and Alternative Dispute Resolution.
4.1. Appointment of Representatives. To further the commitment of
the parties 10 cooperate in the progress oftlIe Development, the Town, the Owner and
the Developer each shall designate and appoint a representative to act as a liaison
between the Town and its various departments and the Owner and/or the Developer.
The initial representative for the Town (the "Town Representative") shall be the
Planning Director, the initial representative ofthe Owner shall be Marty Hill and the
initial representative [or the Developer shall be Eugene L. Baker or a replacement
project manager to be selected by the Developer. The representatives shall be
available at all reasonable times to discuss ami review the performance ofllie parties
to this Agreement and the development of the Property.
4.2. Timing. The Town acknowledges the necessity for prompt
review by the Town of all plans and other materials (the "Submitted Materials")
submitted by the Owner and/or the Developer to the Town hereunder or pursuant to
any zoning procedure, pennit procedure, or other governmental procedure pertaining
to the development of the Property and agrees to use its best efforts to accomplish
such prompt review of1he Submitted Materials whenever possible.
4.3. Default; Remedies. If either party hereto defaults (the
"Defaulting Party") with respect to any of such party's obligations hereunder, then
the other party hereto (the "Non-Defaulting Party") shall be entitled to give written
notice in the manner prescribed in Section 6.1 to the Defaulting Pal.1y, which notice
shall state the nature ofthe default claimed and make demand that such default be
corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of
such notice within which to correct such default ifit can Teasonablybe corrected by
the payment o[ money, or (ii) sixty (60) days from the date of such notice to cure
such default if action other than the payment of money is reasonably required, or if
any such non-monetary default cannot reasonably be cured within sixty (60) days,
then such longer period as may be reasonably required, provided and so long as such
cure is promptly commenced within such period and 1hereafter diligently prosecuted
to completion. If any such default is not cured within the applicable time period(s)
set forth above in this Section 4.3, then the Non-Defaulting Party shall be entitled to
commence an aclion at law or in equity in the Pima County Superior Court. The
parties hereto agree that due to the size, nature and scope of the Development, and
due to the fact that it may not be practical or possible IO restore the Property to the
condition which existed prior to Developer's development and improvement work,
Once implementation of this Agreement has begun, money damages and remedies at
law will likely be inadequate and that specific performance will likely be appropriate
for the enforcement of this Agreement. This Section 4.3 shall not limit any other
righls, remedies, or causes of action that either party may have at law Or in equity.
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5. Protected Development Rights.
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5.1. Purpose. One ofthe purposes of this Agreement is to establish
legally protected rights for the development of the Property in a manner which is
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consistent wilh the Norlhwest Marana Area Plan, the l'vIDC, the Ordinance and the
Preliminary Block Plat, in order to ensure reasonable certainty, stability and fairness
to the Developer over the term of this Agreement Toward this end, Developer,
Owner and Town agree that the zoning designations granted by the Zoning Ordinance
shall remain in effect and shall not be changed without the agreement ofllie Owner
and the Developer for the term of this Agreement.
5.2. Future Impact Fees. In consideration for the roadway, sewer,
water and irrigation improvements funded and/or constructed by Developer pursuant
to this Agreement, in the event the Town adopts an impact fee for which Developer
has paid a voluntary fee or constructed improvements pursuant to Section 2 of this
Agreement, Developer shall be entitled to a credit for such contributions, whether
monetary or actual construction costs, as set forth in A.R.S. S 9-463.05.
6. Notices and Filings.
6.1. Manner of Serving. All notices, filings, consents, approvals and
other communications provided for herein or given in connection herc",ith shall be
validly given, filed, made, transmitted or served if ill writing and delivered personally
or sent by registered or certified United States mail, postage prepaid, if to (or to such
other addresses as either party hereto may from time to time designate in writing and
deliver in a like manner):
The Town:
Town of Maran a
Planning Director
13251 N. Lon Adams Road
Marana, Arizona 85653
With a copy to:
Daniel J. Hochuli, Esq.
Hochuli & Benavidez, P.C.
220 East Wetmore Rd., Suite 110
Tucson, Aunzona 85705
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The Owner:
Fidelity National Title Agency, Inc.
as Trustee under Trust No. 30,212
Attention: Malty Hill
Trust Department
7750 East Broadway, Suite B222
Tucson, Arizona 8571 0
The Developer:
Gladden Farms, L.L.C.
c/o Eugene L. Baker, Project Manager
HallCraft Homes
16766 East Park"View Avenue, Suite 201
Fountain Hills, Arizona 85268
With a copy to:
Frank S. Bangs, Jr.
Lewis and Roca, LLP
One South Church Ave., Suite 700
Tucson,luizona 85701-1620
7. General Terms & Conditions.
7.1. Term. This Agreement shall become effective upon its execution
by all the parties and the taking effect of a duly adopted resolution of the Town's
governing body approving the Agreement (the "Effective Date"). The term of the
Agreement shall commence upon the Effective Date and, unless sooner terminated by
the mutual consent of the parties, shall automatically terminate and shall thereafter be
void for all purposes twenty-five (25) years from the date of this Agreement- If the
parties determine that a longer period is necessary for any reason, the tcrm of this
Agreement may be extend cd by written acknowledgment executed by the parties.
7.2. Sunset. In the event the Final Block Plat is not recorded within
the time limit established in the Ordinance, tlus Agreement shall terminate and be of
no further force and effect
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7.3. Waiver. No delay in exercising any right or remedy shall
constitute a waiver thereof, and no waiver by the Town, the Ovmer or the Developer
orthe breach of any covenam of this Agreement shall be constlued as a waiver of any
preceding or succeeding breach of the same or any other covenant or condition of this
Agreement.
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7.4. Attorneys' Fees. in the event any party hereto finds it necessary
to bring an action at law or oiller proceeding against any other party to enforce any of
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the tenns, covemlnrs Or conditions hereof, Or by reason of any breach of default
hereunder, the party prevailing in any such action or other proceeding shall be paid
all reasonable costs and reasonable attorneys' fees by the other party, and in the event
any judgrnent is secured by said prevailing party, an such costs and attorneys' fees
shall be included therein, such fees to be set by the court and not by jury.
7.5. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. The signature pages from one Or mOTe
counterparts may be removed from such counterparts and such signature pages all
attached to a single instrument so that the signatures of all parties may be physically
attached to a single document.
7.6. Headings and Recitals. The descriptive headings of the sections
of this Agreement are inserted for convenience only and shall not control or affect the
meaning or construction of any of the provisions hereof. The Recitals set forth at the
beginning of this Agreement are hereby acknowledged and incorporated herein and
the parties hereby confirm the accuracy thereof.
7-7- Exhibits_ Any exhibit attached hereto shall be deemed to have
been incorporated herein by this reference with the same force and effect as if fully
set forth in the body hereof.
7-8. Further Acts. Each of the parties hereto shall execute and deliver
all such documents and perform all such acts as reasonably necessary, from time to
time, 10 carry Out the matters contemplated by this AgreemenL Without limiting the
generality of the foregoing, the Town shall cooperate in good faith and process
promptly any requests and applications for plat or permit approvals or revisions, and
other necessary approvals relating to the development of the Property by the Owner,
the Developer and its SLlccessors.
7.9. Future Effect.
7.9.1. Successors. All of the provisions hereof shall inure to the
benefit of and be binding upon the successors, assigns and legal representatives of the
parties hereto, except as provided in Section 7.9 below. To the extent permitted by
law, the Developer's rights hereunder may be freely assigned by a written instrument
recorded in the Official Records of Pima County, Arizona, expressly assigning such
rights. Notwithstanding the foregoing to the contrary, Obligations of the Developer
hereunder shall be binding upon anyone owning any right, title or interest in the
Properly, provided such obligation has been specifically assumed in writing and such
writing has been recorded in the Official Records of Pima County, Arizona. The
Town understands that rhe Developer may create one Or more entities or subsidiaries
wholly owned or controlled by the Developer or Eugene L. Baker for purposes of
carrying out the development of the Property as contemplated in this Agreement. In
the event of a complete assignment by Developer of all rights and obligations of
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Developer hereunder, Developer's liability hereunder shall Ierminate effective upon
the assumption by Developer's assignee.
7.10. Termination Upon Sale to Public. It is the intention of the
palties that although recorded, this Agreement shall not create conditions or
exceptions to title or covenants running with the land. Nevertheless, in order to
alleviate any concern as to the effect orthis Agreement on the status of title to any of
the Property, this Agreement shall temlinate without the execution or recordation of
any further document or instrument as to any lot which has been finally subdivided
and individually (and not in "bulk") leased ([or a period of longer than one year) or
so ld to the end purchaser or user thereof and thereupon such lot shall be released
from and no longer be subject to or burdened by the provisions of this Agreemenl
7.11. No Partnership and Third Parties. It is not intended by this
Agreement to, and nothing contained in this Agreement shall, create any partnership,
joint venture or other arrangement between the Developer, the Owner and the Town,
No tenll or provision ofthis Agreement is intended to, or shall, be for the benefit of
any person, finll, organization or corporation not a party hereto, and no such other
person, finn, organization or corporation shall have any right or cause of action
hereunder.
7.12. Other Instruments. Each party hereto shall, promptly upon the
request of the other, have acknowledged and delivered to the other any and all further
instruments and assurances reasonably requested or appropriate to evidence or give
effect to the provisions of this Agreement.
7.13. 11llQQsition ofDutv By Law. This Agreement does not relieve
any party hereto of any obligation or responsibility imposed upon it by law.
7.14. Entire Agreement. This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof. All
prIor and contemporaneous agreements, representations and understanding of the
palties, oral or written, are hereby superseded and merged herein.
7.15. Amendment. The Town, the Owner and the Developer agree to
cooperate and in good faith pursue any amendments to this Agreement that are
reasonably necessary to accomplish the goals expressed in the MDC, the Ordinance
and the Preliminary Development Plan, and to facilitate the development of the
Property in light of any changes in development requirements, including an extension
of the term of this Agreement as pro"ided in Section 7.1. Ifthe Developer or the
Owner detennines that it would be beneficial to amend this Agreement to include
adj:lcent lands owned by the Developer or the Owner, the Town agrees to consider in
good faith such amendment. All amendments to this Agreement shall be in writing
and, if approved, must be signed by all appropriate parties. Within ten (10) days after
any amendment to this Agreement, such amendment shall be recorded by, and at the
expense of, the party requesting the amendment, in the Official Records of Pima
County, Arizona.
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7_16_ Names and Plans. The Developer shall be the sole owner of all
names, titles, plans, drawings, specifications, ideas, programs, designs and work
products 0 r every nature at any time developed, formulated or prepared by or at the
instance of the Developer in connection with the Property or any plans; provided,
however, that in connection with any conveyance ofponions ofLhe infrastructure as
provided in this Agreement such rights pertaining to the portions of the infrastructure
so conveyed shall be assigned to the extent that such rights are assignable, to the
appropriate governmental authority.
7.17. Good Standing: Authority. The Developer represents and
warrants to the Town that it is duly formed and validly existing under the laws of
California and is authorized to do business in the state of Arizona. The Town
represents and warrants to the Developer that it is an Arizona municipal corporation
duly qualified to do business in the State of Arizona and is in good standing under
applicable state laws. Each of the parties hereto represents and warrants to the others
that the individua.l(s) executing this Agreement on behalf of the respective parties are
authorized and empowered to bind the party on whose behalf each such individual is
slgmng_
7.18. Severabili1Y. If any provision of this Agreement is declared
void or unenforceable, such provision shall be severed from this Agreement, which
shall otherwise remain in full force and effect. If any applicable law or court of
competent jurisdiction prohibits or excuses the Town from undertaking any
contractual commitment to perform any act hereunder, this Agreement shall remain in
full force and errect, but the provision requiring such action shall be deemed to
permit the Town to take such action at its diserelion. If, however, the Town fails to
take the action specified hereunder, the Developer and/or the Owner shall be entitled
to terminate this Agreement.
7_19_ Governing Law/Arbitration. Tins Agreement is entered into in
Arizona and shall be construed and interpreted under the laws of Arizona, and the
parties agree that any litigation or arbitration shall take place in Pima County,
Arizona. In particular, tins Agreement is subject to the provisions of A.R.S. 938-
511. Tl1is Agreement has been negotiated by separate legal counsel for the Town and
the Developer, and no party shall be deemed to have drafted this Agreement for
purposes of construing any portion of this Agreement for or against any party. Any
dispute, controversy, claim or cause of action arising out of or relating to this
Agreement shall be settled by submission ofthe matter by both parties to binding
arbitration in accordance with the rules of the American Arbitration Association and
the Arizona Ulnfoffil Arbitration Act, A.R.S. ~ 12-501, et seq., and judgment upon
the award rendered by the arbitrator(s) may be entered in a court having jurisdiction
thereof.
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7.20. Recordation. No later than ten (10) days after this Agreement
has been executed by the Town, the Owner and the Developer, it shall be recorded in
its entirety, by, and at the expense of, the Developer, in the Official Records o[Pima
County, Arizona.
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7.2 L No Developer Representations. Except as specifically set forth
herein, nothing contained herein shall be deemed to obligate the Town, the Owner or
the Developer to complete any part or all of the development of the Property.
7.22. Approval. If any party is required pursuant to this Agreement to
give its prior written approval, consent or permission, such approval, consent or
permission shall not be lweasonably withheld or delayed.
7.23. Force Mai eure. If any party hereto shall be unable to observe or
perform any covenant or condition herein by reason of "force maj eure," then the
failure to observe or perform such covenant or condition shall not constitute a default
hereunder so long as such party shall use its best effort to remedy with all reasonable
dispatch the event or condition causing such inability and such event or condition can
be cured within a reasonable amount of time. "Force majeure," as used here, means
any condition or event not reasonably within the control of such party, including
without limitation, "acts of God"; strikes, lock-outs, or other disturbances of
employer/employee relations; acts of public enemies; orders or restraints of any mind
of the government of the United States or any state thereof or any of their
departments, agencies, or officials, or of any civil or military authority; insurrection;
civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence;
fires; hurricanes; storms; droughts; noods; arrests) restraints of government and of
people; explosions; and partial or entire failure ofutjlities. Failure to settle strikes,
lock-outs and other disturbances of employer/employee relations or to settle legal or
administrative proceedings by acceding to the demands ofthe opposing party or
parties, in either case when such course is in Lhe judgement of the party hereto
unfavorable to such party, shall not constitute failure to use irs best efforts to remedy
such a condition.
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IN WITNESS WHEREOF) the parties have executed this Agreement the day and
year written below.
Dat.: 01~ ~ ~ TOWN OF MARANA
an Anzona muntclpal corporatIon
ATTEST:
~~r.
APPROVED AS TO AND AUTHORITY
The foregoing Agreement has been reviewed by the undersigned attorney who has
determined that it is in proper form and within the power and authority granted under
the laws o[the State of Arizona to the Town of Maran a.
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Attorney for To'Wll of Marana
81 ATE OF ARIZONA
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County of Pima
H ~he foregoil g ocuroent was swom to and acknowledged before me the
.::1d.''-d.ayof , 20~, by Bobby Sutton, Jr., in his capacity as
Mayor of the Town o[Maran Arizona municipal corporation..
My co~ission expires:
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- ~i1I.VN"WAADE .i.
~IIY llwllt ~ ArlIona 1
'IMA COUNTY
. ~ CCI1\m. bp. Aug. 29. 7
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STATE OF ARIZONA
County of fJ/lJ1
Fidelity National Title Agency, lnc.
.An An ana corporation. as Trustee
under Tru No. 30,212, only and not
in its rporate capacity
By
MaH;'-J.li.~ Martha L. Hill, Trust Officer
Its
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The foregoing document was sworn Lo and acknowledged before me the
~ day of Mw,/.J;L ,2001, by Marty Hill, ~r~;Hc~f
Fidelity National Title Agency, Inc., an Arizona corporation, in iLs capacity as
Trustee under Trust No. 30,212 only, on behalf o,J;the corporation.
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Date:
;:)../'6/01
Gladden Farms, L.L.C.
a Nevada limited liability company
By
STATE OF NEVADA
c./ aJLk
County 0 r
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th The fore~oing document was sworn to and aclrnowledged before me the
/6 dayof D2.t.2mbVL ,2001, by JohnM. Keilly, m~/Nj f/~mJJfO'LOf
Gladden FamlS, LL.C-, a Nevada limited liability company, on behalf of the limited
liability company.
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Notary Public
My commission expires:
(p -/B--03
CARLENE D. ORlllO
Nolory Pubji<; Stale of Ne'iOda
No. 01-69357-1
My cppt. expo Jim. 18, 2005
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PBCTlON 28
SBCI'I6N Z7
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SIfCTION
~ LOCATION MAP
BEING THE EAST )i Of THE NE QUARTER OF SECTION 33.
AND ALL OF SECTION 34, TOWNSHIP 11 SOUTH. RANGE 11 EAST.
GILA & SALT RIVER MERIDIANi TOWN OF MARANA,
SCALE: 3- "'" 1 MILE PIMA COUNTY. ARt ONA
GLADDEN FARMS
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EXHIBIT A
SIC'nON 1M
SHCTION 3$
S8CT/ON Z
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LEGAL DESCRIPTION
l'arccll:
The EaH half of th~ Northeast Quarter of Section 33, Township 11 South, Range 11 East, Gila and 8aJt River Base
and Meridian, P~ma County, Arizona;
Except the North 30 feet within Moore Rond conveyed in Docket 11115 at Page 2442;
Except the East 30 feet witbin Sandario Road;
Except that portion within the Lateral and Sub-Laterals; and
Except all percolating water, contained within, underlying, or which may be produced except such water as may
be used by the OWners and Inhabitants for domestic pnrposes, as reserved in Deed recorded In Book 314 of Deeds
at Page 445.
Parcel 2:
All of Section 34, Township 11 South, Range 11 East, Gila and SaIt River Base and Meridian, PUna County.
Adzona;
Except the South 292 feet of the North 322 feet of the East 357 feet;
Except the North 6s feet of the South 115 feet of the West 93 feet of the East 118 feet of the Northeast Qllarter;
Except the South 125 feet of the West 75 feet of the East 262.66 feet (262.68 feet record) of the Sontheast Quarter;
Except that portion within the Lateral and Sub-Laterals;
Except the West 30 feet within Sandario Road, increasing to 60.feet In the Southwest Quarter;
Except the North 30 feet withiu Moore Road;
Except all percolating water, contained within, underlying, or which may be produced except such water as may
be used by the owners and inhabitants for domestic purposes, as reserved in Deed recorded in Book 314 of Deeds
at Page 445.
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EXHIBIT B
1
CASE No. 41000299
E'. ANN ROPRIGUE~ I R.EC:O~ZR
RECOEU:l1ro Bl': uG
o tJTY RBCORDER
6.3 9 ROOF
11422
1805
E3: 31
2000219057
11/09/20 0
1.6 08
SMAlUl.
TOliN 011'
ATTN: 'l'OWN LEU
1.3251 N LON ADAMS JU)
~ M 5653
AMOUN'r PArD $ 21- 00
MARANA ORDINANCE NO. 2000.09
Al\ ORDrNANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARiZONA, APPRoyrNG A REZONE REQUESTBY GLADDEN FARMS, L.L.C., TO REZONE
APPROXIMATELY 714 ACRES OF LAND LOCATED NORTH OFT ANGERINE ROAD. VlEST
OF POSTY ALE ROAD AND SOUTH OF MOORE ROAD, IN SECTION 34, TOWNSHIP J 1
SOUTH, RANGE 11 EAST AND A PORTION OF SECTION 33. TO\VNSHIP 11 soum.
RANGE II EAST, FROM "lONE C,""ZONE AU AND ZONE "D" TO APPROXIMATELY 41
ACRES OF "VC," 244 ACRES OF "R-6," 137 ACRES "R.7." 118 ACRES "R-8," 30 ACRES "R.-
16," AND I44ACRES "R.I44," ASSESSOR'S PARCEL NUMBERS 217-49-001 0, 217-53-008E,
217-53-008F AND 217-53-008H.
WHEREAS, Gladden Fauns, L.L.C. is the owner of approximately 714 acres of Land
Located North of Tangerine Road, West ofPostvale Road and South of Moore Road, as depicted on
Exhibit A, attached hereto and incorporated herein by this reference, and are more specifically
described as Section 34, Township 11 South, Range 1] East and a Portion of Section 33, Township
11 South, Range II East; and
WHEREAS, Gladden Farms, L.L.C. has requested a rezone of the 717 acre property from
"Zone C,''''Zone A It and Zone "D" to approximately 41 acres of"YC," 244 acres of"R-6," 137 acres
"R- 7," I ] 8 acres "R~8," 30 acres "R-16," and 1 44 acreS "R-l44," rezoning requests more particularly
described in Exhibit B, atlached hereto and incorporated herein by this reference; and
WHEREAS. in reviewing the rezoning request, Staff recommended to the Planning and
Zoning Commission the approval ofrhe rezoning request subject to nineteen conditions; and
WHEREAS, the Marana Planning Commission, after a public hearing, considered this
request for a rezone on May 31, 2000, and voted to recommend that the Town Council approve said
rezOne for the pmpose of integratmg the tWO subject parcels into the planned community, adopting
all nineteen reconunended staff conditions and placing one mOre recommended condition on the
request's approval by the Town Council; and
WHEREAS, the Maran a Town Council heard from the representative of the owner, staffand
members of the public at the regular Town Council meeting held July 5, 2000, and has determined
that the rezone is in conformity with the: General Plan and should be approved.
NOW, THEREFORE, BElT ORDAINED by the Mayor and Council of the Town of Maran a,
Arizona, as follows:
M.u",,, ..., ,zona OrdInance Z()()U 0\1
Page 1 of 5
EXHIBITC
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Section!. The :wning of approximately 717 acres located in Section 34, Township I 1 South, Range
11 East and a Portion of Section 33, Township 11 South, Range 11 East, Assessor's Parcel Numbers
217-49-0010, 217-53-008E.217-53-008F and 217-53.008H., more particularly described in Exhibit
A, attached hereto, is hereby changed from "Zone C," "Zone A" and Zone "D" to approximately 41
acres of"VC," 244 acres of"R-6," 137 acres "R.7," II S acres "R-8," 30 acres "R-16," and 144 acres
"R.144," as more particularly described in Exhibit B, attached hereto.
Section 2. The purpose of this rezoning is to integrate the two subj eet parcels into the Rancho Santa
Cruz Master-planned Communily, subject to the followmg conditions:
1 Compliance with all provisions of the Town's Codes, Ordinances and policies ofthe Northwest
Marana Area Plan and the General Plan, current at the time of any subsequent development,
includmg, but not limited to, requirements for public improvements.
2. A block plat, that includes a phasing plan is required for this project. This rezoning is valid for
three years from the date of Town Council approval provided that if the developer fails to bave a
final block plat recorded prior to the three years, the property shall reven to the original zoning
WIthout further action by the Town Council.
3. Potential buyers shall be notified ofllie existence and potential issues related to the operation of
the Northwest Marana Regional Airport, located south of the property. The Development Services
Administrator, prior to prior to the Planning Commission's review and reC()mmendations of the first
Preliminary Plat, shall approve the method ofnotifieation.
4. Potential buyers shall be notified of the location of any potential Wastewater Treatment Plant(s)
north of A vm Valley Road, as identified in the Pima Association of Governments (P AG) 208 Plan.
The Development Services Administrator, prior to the Planning Commission's review and
recommendations of the flfst Preliminary Plat, shall approve the method of notification.
5. Tht.: Developer shall dedicate Moore Road and Tangerine Loop connectorroad a minimum of
l50-feet [ull right~of-way, inclusive of the linear park element, within 90 days of Town Council
approval. Said alignment shall meet the 50 MPH design speed criteria.
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6. The construction of the Tangerine Loop Road shall be to full configuration in conjunction with
the first phase of the development, Or as approved in the Development Agreement. The Tangerine
Loop Road shall include a landscaped median and street.
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7. The Developer shall design Ihe realignment of Lan Adams Road to continue through the site in
a direct manner, as approved by the Development Services Administrator and dedicate Lon Adams
through the site, a minimum of 90-feet full right-of-way for street purposes only.
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M,,,,na. Arizon:l Ordinance 200C1.09
Page 2 of 5
8. The Developer shall provide, to the Development Services Administrator's satisfaction, the
necessary off site roadway dedications and improvements as deemed necessary by the Town's
Dcvelopmem Services Administrato, and Town Engineer to support the proposed development of
the site. This includes, but not limited, to the offsite right-of-way extension of Lon Adams roadway
to ItS COlUlcction with existing Lon Adams R.oad, shall be conveyed to the Town prior to approval
of the first preliminary plat, subsequent to the Block Plat, or development plan by the Town Council.
9. The Developer shall provide their proportionate fmancial share in regional transportation
improvements and other major infrastructure improvements, that includes but not limited to,
upgrddcs to the Tangerine/I-lO and Maranall-lO interchanges, Moore Road/I-IO interchange, as
identified in the Northwest Marana Area Plan and the Marana Master Transportation Plan. A
Development Agreement and phasing plan addressing infrastructure implementation are required
prior to the approval of the first preliminary plat, subsequent to the Block Plat, by the Town
COWlcil.
10. A water service agreement and master water plan must be submitted, by the Developer, and
accepted by the UTilities Director prior to the approval ofthe first prelirninaryplat, subsequentto the
Block Pial, by the Town COWlcil.
II A scwer service agreement and master sewer plan must be submitted, by the Developer, and
acc(;pled by Pima County Wastcwarer Management and the Town Engineer prior to the approval of
the first preliminary plat by the Town Council.
12_ The Developer shall dedicate the proposed R-I44 zoning area that is located in the floodway,
10 the approprIate agencies fOT flood control and trail purposes.
13. Two (2) school/park SItes, each ten (10) aCres in size, shall be dedicated by block plat to either
the Town of Maran a or the Marana Unified School District, as appropriate..
14. The Developer shall provide the necessary park site( s), preferably joint use facilities with the
necessary school site(s) acceptable to the Parks and Recreation Director and the Development
Services Administrator, per the proposed Park, Trail, and Open Space System Master Plan.
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15. The propertyoWDer shall transfer with the:final plat, by the appropriate Arizona Departxnent of
Water Resources form, those water rights being IGR Type I or Type II to the Town ofMarana for
the Town providing designation of assured water supply and water service to said property. rfType
r or Type n arc needed on said property, the Town and developer/landowner sball arrive at an
agreeable solution to the;; use of those water rights appurtenant to said land.
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16. Prior to me issuance of a building pennit and pursuant to Marana Ordinance No. 99.02, the
propel1Y owner(s) within the Lower Santa Cruz River Levee Benefit Area shall cntcr into a
Development Agreement to reimburse the Town for its share of costs for construction of the levee
17. The Developer shall develop an irrigation system, dedicated to the Town, to distribute irrigation
waler to all propcrti~s within Ihis development.
18. The Developer shall work with the Cortaro-Marana Irrigation District (CMID) to maintain the
necessary irrigation system and well sites to perpetuate the ability for CMID to have their users
irrigate as .necessary.
19. The app h cant shall include detailed community design with the Block Plat submittal to address
the requirements ofthe Northwest Marana Area Plan. TIle community design shall include restricted
fencing, so no solid material to be used along the open space area and use limited loaded streets
adjacent to the open space and that no more than 30 percent of the structures adjacent to arterials and
collectors shall be two stories.
20. The applicant shall create or participate in a Community Facility District, Maintenance
Improvement District and/or Street Lighting District, for the maintenance of the common arcas
and street lights as deemed acceptable by the Community Development Administrator.
2 I. The VC (Village Conunercial) zoned property shall not be allowed to be developed at the R-
6 standards.
22. If in the future me property owner( s) desire to change from the commercial to a residential
On the VC (Village Commercial) zoned property a Rezoning application shall be submitted,
which will mclude a market analysis supporting rhe removal of the commercial property and a
detaIl account of where the proposed dwelling units arc coming and that these units are available.
23. Based On the requirements of the Northwest Marana Area Plan the Maximum number of
dwelling units for the Gladden Farms Rezoning areas is 2,012.
Section 3. All Ordinances, Resolutions, and Motions and parts of Ordinances, Resolutions, and
Motions oftha Marana Town Council in contlict with the provisions of this Ordinance are hereby
repealed, effective as of the effective date of Ordinance No. 2000.09.
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Section 4. If any section., subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affcct me validity of the remaining portions hereof.
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Mora"". Amon, Ordimmcc 2000.09
Page 4 of 5
PASSED AND ADOPTED by [he Mayor and Council of the Town of Maran a, Arizona,
this 7" day of November, 2000. ~
May BBY SUTTON, JR.
ATTEST:
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AP:PROVED AS TO FORM:
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As Town Attorney
and not personally
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Marllna, ArilOrOl Ordl/UlnO" 2000.09
Page 5 of5
EXHIBIT A
Assessor's Parcel Numbers
217-49-0010, 217-53-008E, 217-53-008F and 217-53-008H.
Legal Descriptions
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WL8 No.199065-B-001-1003X
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LEGAL DESCRIPTION
GlADDEN FARMS
ZONE R-6
PARCELS 1,2,5,6,8,9,11,21. and 24
That portion of Section 34, and the East One-Half (E 1/2) of the Northeast One-Quarter (NE 1/4)
of Section 33, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County,
Arizona, de'scrlbed as follows:
PARCEL.S 1, 2, S, and 9
COMMENCING at tt1e Northwest comer or said Section 34;
THENCE S 00.37'15" E, along the East Hne of said Northeast One-Quarter (NE 1/4)
30.00 feet to the POINT OF BEGINNING;
THENCE N 89025'06" E, 539.83 feet;
THENCE S 05 001'5SR E, 1,072.71 feet;
THENCE S 46031'36" E, 364.22 feet to a point on the arc of a no~tangent curve
concave to the Southeast, a radial line of said curve through said point having a bearing of
N 46'31'36. W;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of
1,642.00 feet and a central angle of 02'1 0'36" for an arc distance of 62.38 feet to a point of
compolInd curvature of a tangent curve concave to the Southeast;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of
1,700.00 feel and a central angle 07"26'23" for an arc distance of 220.74 feet to a point on the
arc of a non-tangent curve concave to tf1e Northeast, a radial line of said curve through said
point having a bearing of S 69'04'54" W;
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THENCE Southeasterly along the arc of said curve, to the left, having a radiua of
1,215.00 feet and a central angfe of 50044'48. for an arc distance of 1,076.12 feet to a
non-tangent line:
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THENCE S 26"22'14" W, 984_54 feet to a point on the arc ofa non-tangent curve
concave to the South, a radial line of said curve through said point having a bearing of
N 26022'14" E;
THENCE Westerly along the are of said curve, to the left, having a radius of 2,800.00
feet and a centr.al angle of 13016'30" for an arc distance of 648.74 feet to a point of tangency;
THENCE N 76"54'16" W, 79.19 feet to a point of curvature of a tangent curve concave
to the Northeast;
THENCE Northwesterly along the arc of said curve, to the right, having a radius of
2,500.00 feet and a central angle of 76019'54" for an arc distance of 3,330.60 feet to a point of
tangency;
THENCE N 00034'22" W, to the South right-of-way line of Moore Road a distance of
66.58 feet;
THENCE N 89020'24" E, along said right-of-way line 1,195_81 feet to the POINT OF
SEGINNING.
Containing 104.79 acres. more or less.
Tog eth er with:
PARCELS 5 and 11
COMMENCING at the North One-Quarter (N 1/4) comer of said Section 34;
THENCE S 00"34'56" E, 30.00 feet to the POINT OF BEGINNING;
THENCE N 89025'03" E, 1,198.34 feet;
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THENCE: South. 1377_22 feet to a point of curvature of a tangent curve concave to the
Northwest'
THENCE Southwesterly along the arc of said curve, to the right. having a radiUS of
550.00 feet and a central angle of 64"48'14" for an arc distance of 622.07 feet to a point of
tangency;
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THENCE S 64048'14" W, 450.92 faetto a point of curvature of a tangent curve concave
to the North:
THENCE Southwesterly along the arc of said curve, to the right, having a radius of
297.96 feet and a central anQle 19018'47" for an arc distance of 100.43 feet to a !)Oint on the
arc of a non-tangent curve concave to the South, a radial line of said curve through said point
having a bearing of N 08010'06" W;
THENCE Southwesterly along the arc of said curve. to the left. having a radius of 480.00
feet and a central angle 24018'49" for an arc distance of 203.69 feet to a point on the arc of a
non-tangent curve concave to the East, a radial line of said curve through said point having a
bearing of S 46D05'28" W;
THENCE Northerly along the arc of said curve, to the right, having a radius of 1,565.00
feet and a central angle of 52027'2T' for an arc distance of 1,432.84 feet to a non-tangent line;
THENCE N 09013'19" E. 294.77 feet;
THENCE North, 540,86 feet;
THENCE N 89025'06" e, 184.36 feet 10 the POINT OF BEGINNING.
Containing 61 85 acres, more or less.
Together with:
PARCEL 6
COMMENCING at the Northeast comer of said Section 34;
THENCE S 00030'13" E, along the East line of the Northeast One-Quarter (NE 1/4) of
said Section a distance of 310.00 feet;
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THeNCE 5 89025'03" W, 45.00 feet to the POINT OF eeGINNING;
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THENce S 00030'13" E. 331.24 feet to a point on the arc of a non-tangent curve
concave to the East, a radial line of said curve through said point having a bearing of
S 89024'20" W;
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THENCE Southerly along the arc of said curve, to the left, having a radius of 1,695.00
feet and a central anale of 13 "08'30" for an arc distance of 388.77 feet to a non-tangent line;
THENCE S 00.30'13" E, 73.71 feet;
THENCE S 89037'25" W, 597.05 feet;
THeNCE S 82008'50" W, 615.00 feet;
THENCE North, 1,146.05 feet;
THENCE N 89.25'03" E, 896.92 feet;
THENCE S 00"30'13" E, 280.00 feet;
THENCE N 89.25'03" E. 255.00 feet to the POINT OF BEGINNING;
Containing 27.49 acres more or Jess.
Together' with:
PARCELS 21 and 24
COMMENCING at the East One-Quarter (E 1f4) comer of said Section 34;
THENCE S OO.30'12~ E. along the East line of the Southeast One-Quarter(SE 1/4) a
distance of 836.56 feet to the POINT OF SEGINNING;
THENCE continue S 00'30'12" E, 729.14 feet;
THENCE N 7S.<<'03" W, 652.19 feet;
1
THENCE S 16.52'14" W. 1,049.76 feet to a point on the arc of a non-tangent curve
concave to the Nor1heast, a radial line of said curve through said point having a bearing of
S 17'14'04" W;
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THENCE Northwesterly along the arc of said curve, to the right, having a radius of
1,800.00 feet and a central angle of 14.45'34" for an arc distance of 463.69 feet to a point of
tangency;
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THENCE N 58000'22" W, 500_00 feet to a point of curvature of a tangent curve concave
to the Northeast:
THENCE Northwesterly along the arc of said curve, to the right, having a radius of
4.000.00 feet and a central angle of 02007'34" for an arc distance of 14B_43 feet to a
non-tangent Une;
THENCE N 3]034'08" E. 1012.46 feet;
THENCE N 48 050'07" W, 631.40 feet to a point on the arc of a non-tangent curve
concave to the Northwest. a radial line of said curve through said point having a bearing of
S 34044'54" E;
THENCE Northeasterly along the arc of said curve, to the left, having a radius of
1,250.00 feet and a central angle of 17005'00" for an arc distance of 372.70 feet to a
non-tangent line;
THENCE S 71"47'33" E, 1,058.49 feet;
THENCE S 81"22'29" E, 494.54 feet to the POINT OF BEGINNING;
Containing 46.53 acres more or less.
Prepared by:
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THE WLB GROUP. INC.
Jack A. Buchanan, RLS
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October 27,2000
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Group
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LEGAL DESCRIPTION
GLADDEN FARMS
ZONE R-8
PARCELS 4.10.15.18. 19 and 25
That portion of Section 34, Township 11 South. Range 11 East, Gila and Salt River Meridian,
Pima County. Arizona. described as follows:
PARCEL is:
COMMENCING at the West One-Quarter (W 1/4) comer of said Section 34;
THENCE N 89027'31" E along the West-East midsection line, a distance of 30.00 feet;
THENCE S 00030'16" E, 534.38 feet;
THENCE S 68014'29" E, 1,107.05 feet to the POINT OF BEGINNING;
THENCe S 68~38'O7" E, 932.21 feet;
THENCE N 36.48'43" E, 591.80 feet;
THENCE N 4O~59'00" W. 26.14 feet to a point of etuvature of a tangent curve concave
to the Southwest
THENCE Northwesterly along the arc of said curve, to the left, having a radius of
2,800.00 feet and a central angle of 20055'23" for an arc distance of 1.022.50 feet to a
non-tangent line;
THENC E S 27"31 '24" W, 888.20 feet to the POINT Of BEGINNING:
Containing 17.31 acres more or Jess.
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Together with:
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PARCEL 25-
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COMMENCING at the Southeast comer of said Section 34;
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THENCE N 00030'12" W, along the East line of said Section a distance of 125.00 feet;
THENCE S Sgo22'30" W, 400.00 feet to a point of curvature of a tangent curve concave
to the North;
THENCE Wester1y along the arc of said eurve, to the right, having a radius of 1,800.00
feet and a central anQle of 20.55'44" for an arc distance of 657.50 feet to the POINT OF
BEGINNING;
THENCE S 89022'30" W, 1,340.60 feet to a point of curvature of a tangent curve
concave to the North;
THENCE Westerly along the arc of said curve. to the right, having a radius of 200.00
feet and a central angle of 41 033'14" for an arc distance of 145.05 feet to a point of tangency:
THENCE N 49004'16" W, 744.07 feet;
THENCE N 40055'44" e, 740.96 feet to a point on the arc of a no~tangent curve
concave to the Northeast. a radial line of said curve through said point having a bearing of
S 46048'58" W;
THENCE Southeasteny along the arc of said curve, to the left, having a radius of
4,00000 feet and a central angle of 14"49'20U for an arc distance of 1.034.78 feet to a point of
tangency;
THENCE S 58000'22" E, 500.00 feet to a point Of curvature of a tangent curve concave
to the Northeast;
THENCE Southeasterly along the arc of said curve. to the left, having a radius of
1,800.00 feet and a central angle of 11041'24" for an arc distance of 367.25 feet to the POINT
OF BEGINNING.
Containing 22.26 acres more or less.
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Together with:
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COMMENCING at the East One-Quarter (E 1/4) comer of said Section 34:
October 27,2000
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THENCE S 89028'31" W, 1,951.53feettothe POINT OF BEGINNING;
THENCE S 58015'13" E, 620.02 feet to a point on the arc of a non-tangent curve
concave to the Northwest, a radial line of said curve through said point having a bearin!l of
S 56046'25" E,
THENCE Southwester1y along the arc of said CtIrve, to the right, having a radius of
1.250.00 feet and a central angle of 35'27'04" for an arc distance of m.42 feet to a point of
reverse curvature of a tangent curve concave to the Southeast;
THENCE Southwesterly along the arc of said cl,lrve. to the left, having a radius ot
1,500.00 feet and a central angle 13"58'12" for an arc distance of 365.74 feet to a point on the
arc of a non-tangent curve concave to the East, a radial fine of said curve through said point
having a bearing of S 57"32'37" W;
THENCE Northerly along the arc of said curve, to the right, having a radius of 560.00
feet and a central angle of 33 "14'42" for an arc distance of 324.93 feet to a point of reverse
curvature of a tangent curve concave to the West;
THENCE Norther1y along the are of said curve, to the left, having a radius of 2, 195.00
feet and a central angle of 12"47'11" for an arc distance of 489.84 feetto a point of reverse
curvarure of a tangent curve concave to the East;
THENCE NOr1herly along the arc of said curve, to the right. having a radius of 525.00
feet and a central angle of 51 005'50" for an arc distance of 468.20 feet to a non-tangent line;
THENCE S 58 "15'13" E, 486.96 feet to the POINT OF BEGINNING;
Containing 16.72 acres more or less.
Together with:
PARCELS 4 and 10:
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COMMENCING at North One...Quarter(N 1/4) comer of said Section 34;
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THENCE S 89025'03" W, along the North line of Northeast One-Quarter (NE 1/4) of said
Section a distance of 184.37 feet;
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THENCE S 00034'57" E, 30.00 feet to the POINT OF BEGINNING;
THENCE South, 540.86 feet;
THENCE S 09013'19" W, 294.77 feet to a point on the arc ofa non-tangent curve
concave to the East. a radial line of said curve through said pOint having a bearing of
N 81 "2TD5" W;
TH!:NCE Southeasterly along the arc of said curve, 10 the left, having a radius of
, ,565.00 feet and a central angle 52<>27'27" for an arc distance of 1,432.84 feet to a point on
the arc of a non-tangent curve concave to the Southeast a radial line of said curve througll said
point having a bearing of N 32<>28'55" W;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of 480.00
feet and a central angle 4001 T20" for an arc distance of 337.52 feet to a point on the are of a
non-tangent curve concave to the Northeast, a radial line of said curve through said point
havIng a bearing of S 38006'58" W;
THENCE Northwesterly along the arc of said curve, to the right. having a radius of
1,335.00 feet and a central angle of 20Q28'56" fot an arc distance of 4n.24 feet to a point of
reverse curvature of a tangent curve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, having a radius of 595.00
feet and a central angle of 43031'06" for an arc distance of451.92 feet to a point of reverse
curvature of a tangent curve concave to the Northeast;
THENCE Northwesterly along the arc of said curve, to the right, having a radius of
1,115.00 feet and a central angle 55016'37' for an arc distance of 1,076.36 feet to a point on
the arc of a non-tangent curve concave to the Southeast, a radial line of said curve through said
pOInt haVIng a bearing of N 33025'21" W;
THENce Northeasterly along the arc of said curve, to the right, hailing a radius of
1,700.00 feet and a central angle of 15Q35'27" for an arc distance of 462.59 feet to a
non-tangent line;
THENCE N 17049'54" W. 430.58 fee~
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THENCE North. 471.66 feet;
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THENCE N 89025'06" E, 972.64 feet to the POINT OF BEGINNING.
ContaIning 44.76 acres, more or less.
PARCEL18:
ElEGINNING at the East One-Ouarter (E 114 ) comer of said Section 34:
THENCE S 00030'12" E, along the East line of the Souttleast One-Quarter (SE 1/4) a
distance of 153.62 feet:
THENCE N 84046'08" W, 469.24 feet;
THENCE N 80037'04" W, 806.40 feet to a point on the arc of a non-tangent curve
concave to the West, a radial line of said curve through said point having a bearing of
S 75009'25" E,
THENCE Northerly along the arc of said curve. to the left, having a radius of 1,250.00
feet and a central angle of 14950'35" for an arc distance of 323.82 feet to a point of tangency;
THENCE North, 133.99 feet;
THENCE S 87" 15'48" E, 1.217.56 teet to the East line of the Northeast One--Quarter
(NE 1/4) of said Section;
THENCE S 00030'13" E, 416.71 feet to the POINT OF BEGINNING.
Comaining 14.82 acres more or less.
Prepared by:
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THE WLB GROUP, INC.
Jack A. Buchanan RLS
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WLB No.199065-S-001-1003X
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LEGAL DESCRIPTION
GLADDEN FARMS
ZONE R-16
PARCELS 7 and 13
A portion of Sections 33 and 34, Township 11 South, Range 11 East, Gila and Salt RiVer
Meridian. P-ima County, Arizona, described as follows:
BEGINNING at the Southeast comer of the East Om~-Half (E 112) of the Northeast One-
Quarter (NE 1/4) of said Section 33;
THENCE Sag" 1 T57" W, 1,321.05 feet;
THENCE N 00034'22" W, 2,610.04 feet to a point on a line which is 30.00 feet southerly
of the North lille of said Section 33;
THENCE N 89920'24" E, along said North line a distance of 125.00 feet;
THENCE S 00 034'22" E, 66.96 feet to a point of curvature of a tangent curve concave to
the Northeast;
THENCE Southeasterly along the arc of said curve, to the Jeft, having a radius of
2,500.00 feet and a central angle of 60039'01" for an arc distance of 2,648.37 feet to a
non-tangent line;
THENCE S 07005'26" W, 364.48 feet;
THENce S 89027'31" W, 30.00 feet to the POINT OF BEGINNING.
....
Containing 36.37 acres, more or less.
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THE WLB GROUP, INC.
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Jack A. Buchanan. RLS
JA8:teg
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October 27,2000
WLB No.199065-B-001-1003X
W:\LEGALS\ 199065\Newzone\Zone. VC.wpd
LEGAL DESCRIPTION
GLADDEN FARMS
ZONE VC
PARCELS 14 and 23
A portion of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima
County, Arizona, descrihed as follows:
PARCEL 23:
COMMENCING at the Southeast comer of said Section 34;
THENCE N 00"30'12" W, along the East line of the Southeast One-Quarter (SE 1/4) of
said Section a distance of 1,078.56 feet;
THENCE N 78044'03B W, 652.19 feet;
THENCE N 62051'29" W, 737.37 feet to the POINT OF BEGINNING;
THENce S 37"34'08" W, 1012.46 feet to a point on the arc of a non-tangent curve
concave to the Northeast, a radial line of said curve through said point having a bearing of
S 34 o07'12~ W:
THENce Northwesterly along the arc of said curve. to the right, having a radius of
4,000.00 feet and a central angle 13"53'38" for an arc dista/1ce of 969.98 feet to a point on the
arc of a non-tangent curve concave to the Southeast, a radial line of said curve through said
point having a bearing of N 50035'36" W;
THeNCE Northeaster1y along the arc Of said curve, to the right, having a radius of
1,500.00 feet and a central angle of 29016'15" for an arc distance of 766.31 feet to a point of
reverse curvature of a tangent curve concave to the Northwest;
THENCE Northeasteny along the arc of said a.lIve, 10 the left, having a radius of
1,250.00 feet and a central angle of 13025'33" for an arc distance of 292_90 feet to a
non-tangent line:
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THENCe S 4SoS0'or E. 631.40 feet to the POINT OF BEGINNING.
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Containing 19.87 acres more or less.
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Together with:
PARCEL 14:
COMMENCING at the West One-Quarter (W 1/4) comer of said Section 34;
THENCE N 89027'31" E, along the East-West midsection line a distance of 30.00 feet to
the POINT OF BEGINNING;
THENCE N 07005'26" E, 364.48 feet to a point on the arc of a non-tangent curve
concave to the North. a radial line of said curve through said point having a bearing of
S 28046'37" W;
THENCE Easterly along the arc of said curve, to the Jeft, having a radius of 2,500.00
feet and a central angle of 15040'53" for an arc distance of 684.23 feet to a point of tangency;
THENCE S 76054'16" E, 79.19 feet to a point of cwvature of a tangent curve concave to
the South;
THENCE Easterly along the arc of said curve, to the right, having a radius of 2,800.00
feet and a central angle of 14'59'53" for an arc distance of 732.S4 feet to a non-tangent line;
THENCE S 27031'24" W, 888.20 feet:
THENCE N 68014'29" W, 1,107.05 feet;
THENCE N ooa30'16" W, 534.38 feet to the POINT OF BEGINNING.
Containing 26.14 acres more or less.
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Prepared by:
THE WLB GROUP. INC.
'of
Jack A. Buchanan, RLS
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WLB No. 199065-B-OOH 003X
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LEGAL DESCRIPTION
GLADDeN FARMS
ZONE.oPEN SPACE
PARCEL 30
That portion of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian,
Pima County, Arizona, described as follows:
PARCEL 30;
COMMENCING at the Northeast comer of said Section:
TI-fENCE S 89425'03" W, along the North fine of said Northeast One-Quarter (NE 1/4) a
distance of 1196.96 feet;
THENCE S 00"34'57" E, 30.00 feet to the South right-of-way Hne of Moore Road to the
POINT OF BEGINNING;
THENCE South, 1,837.19 feetto a point on the arc of a norrtangent curve concave to
the South, a radial line of said curve through said point having a bearing of N 09035'32" E;
THENCE Westerly along the arc of said curve, to the left, having a radius of 500.00 feet
and a central angle of 36' 47'17" for an arc distance of 321.04 feet to a point of tangency;
THENCE S 62048'15" W, 749.24 feet to a point of curvature of a tangent curve concave
to the Southeast;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of 525.00
feet and a central angle of 74048'06" for an arc distance of 685.41 feet to a point of reverse
curvature of a tangent CUlVe concave to the West:,
THENce Southerly along the arc of said curve, to the right, having a radius of 2,195.00
feet and a central angle of 12447'11" for an arc distance of 489.64 feet to a point of reverse
curvature of a tangent curve concave to the East;
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THENce Southerly along the arc of said curve, to the left having a radius of 560.00 feet
and a central angle of 33914'42a for an arc distance of 324.93 feet to a point on the arc of a
non-tangent curve concave to the Southeast, a radial line of said curve through said point
having a bearing of N 35.17'34" W;
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October 27, 2000
WLB No. 199065-B-Q01-l003X
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THENCE Southwesterly along the arc of said curve, to the left, having a radius of
1 500.00 feet and a central angle 15018'03" for an arc distance of 400.57 feet to a point on the
arc of a non-tangent curve concave to the Northeast, a radial line or said CUNe through said
point having a bearing of S 48000'50" W
THENCE NorthWesterly along the arc of said curve, to the right. having a radius of
4,000.00 feet and a central angle of 01"00'10" for an arc distance Of 70.00 feet to a point of
tangency; .
THENCE N 40059'00" W, 409.79 feet to a point on the are of a non-tangent curve
concave to the West, a radial line of said curve through said point having a bearing Of
S 54046'52" E;
THENCE Nortl1erty along the arc of said curve, to the left, having a radius of 1,380.00
feet and a central angle of 39035'42" for an arc distance of 953.67 feet to a non-tangent line;
THENCE N 00015'32" W, 68.93 feet to a point on the arc of a non-tangent curve
concave to the Northeast, a radial rine of said curve through said point having a bearing of
S 36'03'01" W;
THENCE Northwesterly along the arc of said curve, to the right, having a radius of
1,435.00 feet and a central angle of 22'32'53" for an arc distance of 564.73 feet to a point of
reverse curvature of a tangent curve concave to the Southwest,
THeNCE Northwestel1y along the arc of said curve, to the left, having a radius of 495.00
feet and a central angle of 43031'06" for an arc distance of 375.97 feet to a point of reverse
curvature of a tangent curve concave to the Northeast;
THENCE Northwesterly along the arc of said CUNe, to the right, having a radius of
1.215.00 feet and a central angle 54 ~OO'06" for an arc distance of 1,145.14 feet to a point on
the arc of a non-tangent curve concave to tf1e Southeast, a radial line of said curve through
said point having a beanng of N 36054'37" W;
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THENCE Northeasterly along the arc of said curve. to the right, having a radius of
1 70000 feet and a central angle 03029'17" for an arc distance of 103.49 feet to a point on the
arc of a non-tangent curve concave to the Northeast, a radial line of said curve through said
point having a bearing of S 70923'26" W;
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October 27, 2000
wLB NO.199065-S-001-1003X
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THENCE Southeasterly along the arc of said curve. to the left, havIng a radius of
1 115 00 feet and a central angle of 55018'37" for an arc distance of 1,076.36 feet to a point of
reverse curvature of a tangent curve concave to the Southwest;
THENCE Southeasterly along the arc of said curve, to the right, having a radius of
595.00 feet and a central angle of 4J"31 '06" for an arc distance of 451.92 feet to a point of
reverse curvature 01 a tangent curve concave to the Northeast;
THENCE Southeasterly along the arc of said curve, to the left. having a radius of
1,335.00 feet and a central angle 20"28'56" for an are distance of 477.24 feet to a point on the
arc of a non-tangent curve concave to the Southeast, a radial line of said curve through said
point having a bearing of N 72046'15" W;
THENCE Northeasterty along the arc of said curve, to the nght, having a radius of
480.00 feet and a central angle 64 936'09" for an arc distance of 541.21 feet to a point on the
arc of a non-tangent curve concave to the North. a radial line of said curve through said point
having a bearing of S 05952'59" E;
THENCE Easterly along the arc of said curve, to the left, having a radius of 297.96 feet
and a central angle of 19018'47" for an arc distance of 100.43 feet to a point of tangency;
THENCE N 64"4B'14" E, 450.92 feet to a point of curvature of a tangent curve concave
to the Northwest;
THENCE Northeasteny along the arc of said curve, to the left, having a radius of 550.00
feet and a central angle of 64.48'14" for an arc distance of 622.07 feet to a point of tangency;
THENce North, 1,377.22 feet;
THeNCE N 89025'12" E, 245.01 feet to the porNT OF BEGINNING.
Prepared by:
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THE WlB GROUP. INC.
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October 27, 2000
WLB No.199065-8-001.1Q03X
W:\LEGALS\199065\Newzone\Zone,Park.River, wpd
LEGAL DESCRIPTION
GLADDEN FARMS
ZONES PARK AND RIVER
PARCELS 26,27,28 and 29
PARCELS 26, 27, 28 and 29:
That portion the South Om~.Half (5 112) of Section 34, Township 11 SOLllh, Range 11 East, Gila
and Saft Riyer Meridian, Pima County, Arizona, described as follows:
BEGINNING at the Southeast comer of said Section 34;
THENCE S sga22'30" W, along the South line of the Southeast One-Quarter (SE 1/4) of
said Section 34 a distance of 2,636,08 feet to the South One-Ouarter (5 1/4) comer of said
Section,
THENce S 89022'14" W, along the South Une of the Southwest One-Quarter (SW 1/4) a
distance of 2605.75 feet;
THENCE N 00"30'16" W, 2,119.26 feet;
THENce S 68014'29" E. 1.107,05 feet;
THENCE S 68038'07" E. 932.21 feet;
THENCE N 36"48'43" E, 591.80 feet;
THENce S 40"59'00" E, 473.86 feet to a point of curvature of a tangent curve concave
to the Northeast;
THENCE Southeasterly along the arc of said curve, to the left. having a radius of
4,000.00 feet and a central angle of 02012'02" for an arc distance of 153.63 feet to a
non-tangent fme;
THENCE S 40"55'44" W, 740.96 feet;
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THENCE S 49004'16" E, 744.07 feet to a point of curvature of a tangent curve concave
to the North;
THENCE Easterly along the arc of said curve. to the left. having a radius of 200.00 feet
and a central angle of 41033" 4" for an arc distance of 145.05 feet to a point of tangency;
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WLB NO.199065-B.o01-1003X
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THENCE N 89022'30" E, 1,340.60 feet to a point on the arc of a non-tangent curve concave to
the North. a radial line of said curve through said pOint having a bearing of S 20018'14" W;
THENCE Easterly along the arc of said curve, to the left, having a radius of 1.800.00
feet and a central angle of 20"55'44ft for an arc distance of 657.50 feet to a point of tangency;
THENCE N 89022'30" E, 400.00 feet;
THENCE S 00"22'53" E, 125.00 feet to the POINT OF BEGINNING.
Containing 109.83 acres more or less.
Prepared by:
THE WLB GROUP, INC.
Jack A Buchanan, RLS
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October 27, 2000
WL8 No.199065-8-001-1 003X
W:\LEGALS\ 199065\Newzone\Zone.R-7.wpd
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LEGAL D~SCRIPTION
GLADDEN FARMS
ZONE R-7
PARCELS 3,12,16,17,20, and 22
A portion of Section 34, Township 11 South, Range 11 East, Gila and $alt River Meridian. Pima
County, Arizona, described as follows:
PARCEL 22:
COMMENCING at the Southeast comer of said Section 34;
THENCE N 00022'53" W, along the East line of the Southeast One-Quarter (SE 1/4) of
said Section 34, 125.00 feet to the POINT OF BEGINNING:
THENce s 89022'30" W, 400.00 feet to a point of curvature of a tangent CUNe concave
to the North;
THENCE Westerly along the arc of said curve, to the right, having a radios of 1,800.00
feet and a central angle of 17051'33" for an arc distance of 561.07 feet to a noo.-tangent line;
THENCE N 16"52'14" E, 1,049_76 feet;
THENCE S 78044'03" E, to a point on said East line a distance of 652_19 feet;
THENCE S 00.31'09" E, along said East line a distance of 953.56 feet to the POINT OF
BEGINNING;
Containing 1S.83 acres more or less.
Together with:
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PARCEL 16
COMMENCING at the West On&-Ouarter (W 1/4) comer of said Section 34;
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THENCE N 89"28'31" E, along the East-West midsection line 1.463.79 feet to the
POINT OF BEGINNING;
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WLB No.199065-B-001-1003X
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THENCE S OQ03T1S" E, 30.00 feet to the South right-of-way line of Moore Road;
THENCE N 89025'06" E, along said right-of-way line a distance of 539.83 feet to the
POINT OF BEGINNING:
THENce N 89025'06" E, 938.16 feet:
THENCE South, 471.66 feet;
THENCE S 1r49'54" E, 430.58 feet to a point on the arc ofa non-tangent curve
concave to the Southeast, a radial line of said curve through said point having a bearing of
N 1 r 49'54" W;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of
1,700.00 feet and a central angle of 26031'07" for an arc distance of 786.82 feet to a point of
compound curvature of a tangent curve concave to the SouttJe.ast;
THENCE Southwesterly along the arc of said CUNe, to the left, having a radius of
1,642.00 feet and a cerrtral angle of 020 1 0'36" for an arc distance of 62.38 feet to a non-tangent
line,
THENCE N 46031'36" W, 364.22 feet;
THENce N 05001'55" W, 1,072.71 feet to the POINT OF BEGINNING;
ContaIning 23.70 acres onore or less.
PARCELS 12, 17 and 20:
COMMENCING at the East One-Quarter (E 1/4) comer of said Section 34;
THENCE S 00030'12" E, along the East line of the Southeast One-Quarter (SE 1/4) of
said Section line a distance of 153.62 feet to the POINT OF BEGINNING;
THENCE S 00030'12" E, 682.94 feet
THENCE N 81"22'29" W, 494.54 feet:
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WlB No. 199065-B..{J01-1 003X
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THENCE N 26022'14" E. 837.60 feet to a pomt on the arc of a non-tangent CUlVe
concave to the North. a radial line of said curve through said point having a bearing of
S 18020'07" W
THENCE Easter1y along the arc of said curve, to the left, having a radius of 1,215.00
feet and a central angle of 03"15'18N for an arc distance of 69.02 feet to a point of reverse
curvature of a tangent curve concave to the Southwest:
THENCE Southeasterly along the arc of said C1Jcve, to the right, having a radius of
495.00 feet and a central angle of 43G31'06R for an arc distance of 375.97 feet to a point of
reverse curvature of a tangent curve concave to the Northeast;
THENCE: Southeasterly along the arc of said curve, to the left., having a radius of
1,435 00 feet and a central angle of 22 .32'53" for an arc distance of 564.73 feet to a
non-tangent fine;
THENCE S 00.15'32" E, 66.93 feet to a point on the arc of a non-tangent curve concave
to the West, a radial line of said curve through said point having a bearing of N 85.37'26" E
THENCE Southerly along the arc of said curve, to the right, having a radius of 1,380.00
feet and a central angle of 39035'42" for an arc distance of 953.67 feet to a non-tangent line;
THENCE N 40.5g00" W, 90.21 feet to a point of curvature of a tangent curve concave
to the Southwest;
THENCE Northwesterty along the arc of said curve, to the left. having a rad;lJS of
2.800.00 feet and a cemral angle of 22"38'46" for an arc distance of 1,106.69 feet to a
non-tangent line,
THENCE N 26022'14" E, 146.94 feet to the POINT OF BEGINNING;
Containing 24.17 acres more or less.
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PARCEL 3:
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COMMENCING at the Northwest comer of said Section 34:
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WlB No.199065-B-001-1 Q03X
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THENCe N 11 ~4r33" W, 1,058.49 feet to a point on the arc of a non-tangent curve
concave to the Northwest. a radjalline of said curve through said point having a beating of
S 51049'54" E:
THeNCe Northeasterly along the arc of said curve. to the left, having a radius of
1,250.00 feet and a central angle of 04056'31" for an arc distance of 107.82 feetto a
non-tangent Hne;
THENCE N 58015'13" W, 1,106.99 feet to a point on the arc ofa non-tangent curve
concave to the Southeast, a radial line of said curve through said point having a bearing of
N 50"54'0'" W;
THENCE Northeasteny along the arc of said curve, to the right. having a radius of
525.00 feet and a central angle of 23042'16" for an arc distance of 217.20 feet to a point of
tangency;
THENCE N 62048'15" E a distance of 749.24 feet to a point of curvature of a tangent
curve concave to the South;
THENCE Easterly along the arc of said curve, to the right, having a radius of 500.00 feet
and a central angle of 36G47'1r for an arc distance of 321.04 feet to a non-tangent line;
THeNCE North a distance of 691.14 feet;
THENCE N 82008'50" E a distance Of 615.00 feet:
THENCE N 89037'25" E a distance of 597.05 feet;
THENCE S Ooo30'13~ E a distance of 1,12736 feet;
THENCE N 87015'48" W a distance of 1.217.56 feet;
THENCE South a distance of 133.99 feet to a point of curvature of a tangent curve
concave 10 the West;
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THENce Southerly along the arc of said curve. to the right, having a radius of 1,250.00
feet and a central angle of 14050'35" for an arc distance of 323.82 feet to a non-tangent line;
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THENCE: S 80037'04" E a distance of 806.40 feet;
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WLB No.199065-B"{)01-1003X
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THENCE S 84 D46'08" E a distance of 469.24 feet to the POINT OF BeGINNING;
Containing 65.75 acres more or less.
Jack A. Buchanan, RLS
JAB:teg
Prepared by:
THE WLB GROUP, INC.
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