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HomeMy WebLinkAboutOrdinance 2007.010 Amending the Villages of Tortolita specific plan adopting ordinance F. ANN RODRIGUEZ, RECORDER RECORDED BY: C V DEPUTY RECORDER 1016 PE2 DOCKET: 13038 PAGE: 3688 NO. OF PAGES: 1 SEQUENCE: 20070770728 04/20/2007 ORDIN 16:12 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.10 RELATING TO DEVELOPMENT; AMENDING SECTION 4 OF ORDINANCE NO. 2007.09 (THE VILLAGES OF TORTOLITA SPECIFIC PLAN ADOPTING ORDINANCE) BY EXTENDING TO 60 DAYS THE PERIOD FOR PROPOSITION 207 WAIVERS TO BE SIGNED, RETURNED AND RECORDED; AND DECLARING AN EMERGENCY. WHEREAS the Town Council adopted Ordinance No. 2007.09 on April 3, 2007, approv- ing The Villages ofTortolita Specific Plan; and WHEREAS Section 4 of Ordinance No. 2007.09 established a IS-day period for signing, returning and recording waivers from the owners of all property within The Villages of Tortolita Specific Plan, waiving any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. ~ 12-1131, et. seq., and specifically A.R.S. ~ 12-1134) resulting from the Town's adoption of The Villages ofTortolita Specific Plan; and WHEREAS the Town Council finds that the IS-day time period for signing, returning and recording the waivers is insufficient and should be extended. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The last sentence of Ordinance No. 2007.09, Section 4, is amended by re- placing "within 15 calendar days after the motion approving this Ordinance" with the words "within 60 calendar days after the motion approving this Ordinance". SECTION 2. BE IT FURTHER ORDAINED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this ordinance become imme- diately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of APril~~:: J (t.~f~ ... Oi-Ivt..q ~ Mayor Ed Honea 1\",\\111"'1... :'t..,.. ,~. ~ s ~~,..' AI" ATTEST: ~~g CQ~:.!)OJ' '-A:PeRO .. :; - . ~-ql~' .~p ~~ t ;]: i~~1 ::~!: :\2:1: iDli ':~:~: 0"'" ~IU~~!, '~~;~ll :\;::! {00004496.DOC I} FJClcds 4/10/07 F. ANN RODRIGUEZ, RECORDER DOCKET: 13067 RECORDED BY: C V < ? PAGE: 1238 DEPUTY RECORDER 1016 PE1 ? Pr?r v11- NO. OF PAGES: 2 1 SEQUENCE: 20071060204 SMARA TOWN OF lv? 6 06/01/2007 CONSEN 14:59 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR Z MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 The KAI TRuST, JoHN KAI JR., LLC, an Arizona limited liability company, and HERBERT KAI, a married man acting in his sole and separate right (collectively the "Owners") own a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A and Exhibit B attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. 02 AA IV Dated thisoto day of Apm, 2007. KAiTRuST ? V, Z?? . By:_ e::?? Sid Lex felker, Esq., Trustee JoHN KAI JR., LLC, an Arizona limited liability compan B John Kai Jr., managing member HERBERT KAI, a married man acting in his sole and separate right Herbert Kai (00004517.DOC /) - I - 4/17/2007 2:50 PM FJC F. ANN RODRIGUEZ, RECORDER RkCORDED BY: C V OF P I DEPUTY RECORDER V 1016 PEI 0 S14ARA TOWN OF MARANA wil ATTN: TOWN CLERK 4 M k?- 1Z 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: CONSEN MAIL AMOUNT PAID 13067 1236 2 20071060203 06/01/2007 14:59 $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 TMR INVESTORS, LLC, an Arizona limited liability company, (the "Owner") owns a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, filed on behalf of the Owners, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this 2& day of April, 2007. TMR INVESTORS, LLC, an Arizona limited liability company By: TMR MANAGEMENT, LLC, an Arizona limited liability company By: ZIPPRICH GRoup, LLC, an Arizona limited liability company, ?ts managing Mrhaei?i 'ch, its managing m or mb `3 5 By: INCA C PITAL, LLC, an Arizona limited liability c Y, . managing member 5 A 11 By: William W. Cleverly, its managing 6 member (00004580.DOC /) 4/17/2007 3:27 PM FJC STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on April k 2007 by Michael B. Zipprich, the managing member Of ZIPPRICH GROUP, LLC, an Arizona limited liability company, member of TMR MANAGEMENT, LLC, an Arizona limited liability company, managing member of TMR INVESTORS, LLC an Arizona limited liability company, on behalf of the LLC. "OFFICIAL Bethany L. Franks Notely Public - Arizona My commmiss Maricopa County My Commission ExPires a/1 112011 Notary Public STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on April 2-k , 2007 by William W. Cleverly, the managing member Of INCA CAPITAL, LLC, an Arizona limited liability company, member of TMR MANAGEMENT, LLC, an Arizona limited liability company, managing member of TMR INVESTORS, LLC an Arizona limited liability company, on behalf of the LLC. My co 1'11? * ?R.Ipt'P "r'&FICIAL SEAL" Bethany L. Franks Notary Public - Arizona Maricopa Cc j1y My Commission E, ?,i,es 3/11/2011 Notary Public 2 4 (00004580.DOC /) 4/17/2007 3:27 PM FJC F. ANN RODRIGUEZ, RECORDER DOCKET: 13067 RECORDED BY: C-V PAGE: 1232 DEPUTY RECORDER NO. OF PAGES: 1 1016 PEI SEQUENCE: 20071060199 SMARA 06/01/2007 TOWN OF MiAIZANA 60 CONSEN 14:59 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 DAN1EL K. WONG and DARRYL K. WONG, as joint tenants with right of survivorship, (the "Owners") own a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. IW4,Y Dated this // day ofApri4, 2007. Daniel K. Wong STATE OF ARizoNA ss County of Pima The foregoing instrument was acknowledged before me on,4pril 2007 by Daniel K. Wong. M.X,commission expires: Notary, PuWir- STEPHANIE EDDINGS NOTARY PUBLIC - ARIZONA PIMA COUNTY STATE OF ARizONA I 4,ij My Commission Expires S,aptembe, 7, 2010 County of Pima f'A" The foregoing instrument was acknowledged before me on Aprif Lk 2007 by Daniel K. Wong. M commission expires-,-- - Notary Pub 9 F31r. =UJJJJJUV - ?44-* L) NOTARY PUBLIC - ARIZONA PIMA COUNTY My Commission Expires _§pp mbq (00004579.DOC 4/17/2007 3:18 PM FJC F. ANN RODRIGUEZ, RECORDER DOCKET: 13067 RECORDED BY: C-V Oy P1 PAGE: 1233 DEPUTY RECORDER V NO. OF PAGES: 1 1016 PEI SEQUENCE: 20071060200 SMARA 06/01/2007 TOWN OF MARANA CONSEN 14:59 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 DOUGLAS S. HOLSCLAW, JR., (the "Owner") owns a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this 3 0 tdaY of April, 2007. Q)a- Douglks'. Holsilaw, Jr. STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on April 3 0 , 2007 by Douglas S. Holsclaw, Jr. Q My commission expires: Notary Public 26 February 2010 ENaTARLAL SEAL SrE j0AN A. stiERAIRA, NOWY POW Low Marion Two. LpColemery County My Commiss'2n Expime rfibrmary 26,201J0 STATE of Pennsylvania Countv of Montgomery 100004574,DOC /) 4/17/2007 2:57 PM FJC F. ANN RODRIGUEZ, RECORDER RECORDED BY: C-V DEPUTY RECORDER -0VP1 1016 PE1 SMARA TOWN OF MARANA ATTN: TOWN CLERK IZ 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCKET: 13067 PAGE: 1234 NO. OF PAGES: 1 SEQUENCE: 20071060201 06/01/2007 CONSEN 14:59 MAIL AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 THE REILLY REVOCABLE TRUST, (the "Ownee') owns a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in con unction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this99 day of April, 2007. THE REILLY REVOCABLE TRUST By: R?c?ard L. Reilly"" Trustee By: ElizabAh R. Reilly, Trustee STATE OF ARIZONA County of-PiTw A) C L J The foregoing instrument was acknowledged beforeme oa,,At)ril 51?1 -5?00 Richard L. Reilly and Elizabeth R. Reilly, trustees of THE REILLY REvOC B E , RUST, O?M)alf o?ve trust. k co ex _,pires: Notary Public OFFICIAL SEAL LISA G. PARSONS NOTARY PUBLIC - ARIZONA NAVAJO COUNTY *my Commission Expires Dec. 19, 2008 (00004577.DOC /) 4/17/2007 3:03 PM FJC F. ANN RODRIGUEZ, RECORDER DOCKET: 13067 RECORDED BY: C_V 0V P1 PAGE: 1235 DEPUTY RECORDER NO. OF PAGES: 1 1016 PE1 SEQUENCE: 20071060202 SNLAI?A 06/01/2007 TOWN OF 1-?A CONSEN 14:59 ATTN: TOWN CLERK 4 1Z 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 INTERSTATE TEN 18.7 ACRES, an Arizona partnership, (the "Owner") owns a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument, The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. a Dated this,,?'S_ - day of April, 2007. INTERSTATE TEN 18.7 ACRES, an Arizona partnership By: J. D a.% ars ll, man Eat g partner STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged I Marshall, managing partner Of INTERSTATE TEN I the partnership. My commission expires: NOTARY PUBLIC -ARIZONA PIMA COUNTY My Commission Expires July27,2010 YVETTE PEYRON BEADCHAA*- jl__? me on Aprile?5' 2007 by J. Douglass RES)an Arizona partnership, on- behalf of NotWrv Publij (00004575.DOC /) 4/17/2007 3.03 PM FJC 1?w V? 4 1 t5,?i5-w - J\Acocatka, ?A a ra Ko, I Cw,f1r_ 6?K40y_ 'DnX A Z_ '8:5&5 3 OFFICIAL RECORDS OF 18"_ 75 PINAL COUNTY RECORDER LAURA DEAN-LYTLE DATE/TIME: 05/31/07 1423 FEE: $12.00 PAGES: 1 FEE NUMBER: 2007-064328 MARANA ORDINANCE NO. 2007.10 RELATING TO DEVELOPMENT; AMENDING SECTION 4 OF ORDINANCE NO. 2007.09 (THE VILLAGES OF TORTOLITA SPECIFIC PLAN ADOPTING ORDINANCE) BY EXTENDING TO 60 DAYS THE PERIOD FOR PROPOSITION 207 WAIVERS TO BE SIGNED, RETURNED AND RECORDED; AND DECLARING AN EMERGENCY. WHEREAS the Town Council adopted Ordinance No. 2007.09 on April 3, 2007, approv- ing The Villages of Tortolita Specific Plan; and WHEREAS Section 4 of Ordinance No. 2007.09 established a 15-day period for signing, returning and recording waivers from the owners of all property within The Villages of Tortolita Specific Plan, waiving any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131, et. seq., and specifically A.R.S. § 12-1134) resulting from the Town's adoption of The Villages of Tortolita Specific Plan; and WHEREAS the Town Council finds that the 15-day time period for signing, returning and recording the waivers is insufficient and should be extended. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The last sentence of Ordinance No. 2007.09, Section 4, is amended by re- placing "within 15 calendar days after the motion approving this Ordinance" with the words 14 within 60 calendar days after the motion approving this Ordinance". SECTION 2. BE IT FURTHER ORDAINED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this ordinance become imme- diately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL ;aTOWN OF MARANA, ARIZONA, this 17th day of April, 2007. e%V AA Maydr Ed Honea f 00004496. DOC /) AS TO FORM: --I '% FJClcds 4110107 T6-wvi c,? ?Aara*veL., 11151J? W, (_%VL_C? &,W6-_rDnvc, Ma?-a44,_et, Ae? &5&5-3 OFFICIAL RECORDS OF PINAL COUNTY RECORDER LAURA DEAN-LYTLE DATE/TIME: 05/31/07 1423 FEE: $12.00 PAGES: 1 FEE NUMBER: 2007-064325 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 THE ELINOR Loum BARNETT TRuST, (the "Ownee') owns a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance') and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. , The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. PAQ Dated this IS day of.?m"1,1?0_7. THE ELINOR LOUISE BARNETT TRuST Elinor L. Barnett, tt- rustee ?;Pa icia ?Bame?ttTrustee STATE OF ARizoNA ) ss County of Pima The foregoing instrument was acknowledged before me on 2007 by Elinor L. Barnett and Patricia Barnett, trustees of THE ELINOR Loum BA?? TRuST, on behalf of??it. b. KJQtQgV Pt iblic - A'ZonQ 6ma County My Commission Expires xp 68] May 6, 2008 (00004576.DOC /) 4/17/2007 3:03 PM FJC o4-' Mav"o,_ GvL, Ce A.? r L?i F_C? Hora to I ke ?6,5&5-5 OFFICIAL RECORDS OF PINAL COUNTY RECORDER LAURA DEAN-LYTLE DATE/TIME: 05/31/07 1423 FEE: $12.00 PAGES: J FEE NUMBER: 2007-064326 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 TMR INVESTORS, LLC, an Arizona limited liability company, (the "Ownee') owns a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, filed on behalf of the Owners, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this / ? day of April, 2007. TMR INVESTORS, LLC, an Arizona limited liability company By: TMR MANAGEMENT, LLC, an Arizona limited liability company By: ZIPPRICH GRoup, LLC, an Arizona limited liability company, its managing memb ic Y$prich, its mmannaging ber By: INCA CAPITAL, LLC, an Arizona limited liability c ts managing member By: William W. Cleverly, its managing member (00004580.DOC /) 4/17/2007 3:27 PM FJC STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on April -A, 2007 by Michael B. Zipprich, the managing member Of ZIPPRICH GROUP, LLC, an Arizona limited liability company, member of TMR MANAGEMENT, LLC, an Arizona limited liability company, managing member of TMR INVESTORS, LLC an Arizona limited liability company, on behalf of the LLC. "OFFICIAL SEAL" 6 Franks mO si ?? rizona Maricopa County my Commission ETP-Ires 3/11/2011 T?otary Public STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on April -d 2007 by William W. Cleverly, the managing member Of INCA CAPITAL, LLC, an Arizona limited liability company, member of TMR MANAGEMENT, LLC, an Arizona limited liability company, managing member of TMR INVESTORS, LLC an Arizona limited liability company, on behalf of the LLC. My co e piMICIAL SEAL" Bethany L. Franks 4 Notary Public - Arizona ?Maricopa County My Commission Expires &1112011 C- 'Notary Public (00004580.DOC /1 4/17/2007 3:27 PM FJC T,5 LA.) A 6? 0 a raJA_CC_ I t VJ - C? V t*c_? 6!!?e_4r T)n v<-, Act rCLAAC( I A-z -e-6,5-?5 18, ,75 DATE, FEE: OFFICIAL RECORDS OF PINAL COUNTY RECORDER LAURA DEAN-LYTLE /TIME: 05/31/07 1423 $12.00 PAGES: 2 FEE NUNMER: 2007-064324 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 The KAI TRuST, JoHN KAI JR., LLC, an Arizona limited liability company, and HERBERT KAI, a married man acting in his sole and separate right (collectively the "Owners') own a portion of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.09 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06047, which the Marana Town Council approved with conditions on April 3, 2007 by the adoption of the Rezoning Ordinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. P910 Dated this 0 day of Apht, 2007. KAI TRuST By: _e4:?!5 ,- Sid Lex Kfker, Esq., Trustee JoHN KAI JR., LLC, an Arizona limited liability company JoiiiWkai J?., managing-mimAWr HERBERT KAI, a married man acting in his sole and separate right B __:; f y< Herbert Kai (00004517.DOC /) - I - 4/17/2007 2:50 PM FJC STATE OF ARIZONA ss County of Pima ma-Ly The foregoing instrument was acknowledged before me on ArrH-Q-3, 2007 by Sid Lex Felker, Esq., the Trustee for the Kai Trust, on behalf of the trust. C My commiss n expires: Q, 14 , C) OFFICIAL ?EA VICTORIA G WARY 'ZOMA PIMA COUNTY My Comm. Expires Feb. 04, 2M Notary Public STATE OF ARIZONA ss County of Pima 10A Y The foregoing instrument was acknowledged before me on AVri4---!R-7, 2007 by John Kai Jr., managing member of JOHN KAI JR., LLC, an Arizona limited liability company, on behalf of the LLC. My commission expires: &/ -/ -y--' a STATE OF ARIZONA ss County of Pima OFFKX& 8WM_4L Afth CAWLE DE ROTARY PUBM ARL70NA MW COUNTY H? CW". fom Jum K SIM Notary The foregoing instrument was acknowledged before me on April ea 3 2007 by Herbert Kai, a married man acting in his sole and separate right. My commission expires: -I-1-1-0 - IC? 9? 0 V, OFFICIAL SEAL RI, L 11A G. A, E I CTO LMME M NOTARY PUBLIC - ARIZONA " PIMA COUNTY ...._yComm. EXP?11's Feb. 04,2009 Notary Public f 00004517.130C /1 -2- 4/17/2007 2:50 PM FJC