HomeMy WebLinkAboutResolution 2003-019 amendment to development agreement bajada phase 1 and canyon passMARANA RESOLUTION NO. 2003-19
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE APPROVAL AND EXECUTION OF AN AMENDMENT
TO DEVELOPMENT AGREEMENTS BETWEEN THE TOWN OF MARANA AND
COTTONWOOD PROPERTIES, INC. AND RELATED TRUST ENTITIES, RELATING TO
THE PROVISION OF REGIONAL WATER, TRAILS AND TRAFFIC IMPROVEMENTS.
WHEREAS, on June 19, 2001 and thereafter the Mayor and Council of the Town of
Marana approved certain development agreements between the Town of Marana and the
developers of Dove Mountain; and
WHEREAS, Cottonwood Properties has determined that it is beneficial to transfer certain
rights it holds through the development agreements and other agreements, in order to enhance the
overall water, trails and traffic infrastructure in the area and provide for shared cost of the
infrastructure; and
WHEREAS, pursuant to A.R.S. § 9-500.05, the Town is authorized to enter into
development agreements relating to property in the Town; and
WHEREAS, the staff of the Town has prepared the Amendment to Development
Agreements attached hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the attached Amendment to Development Agreements permits the expansion
of the water improvements to other property owners in the area, certain financial reimbursements
to Cottonwood Properties, financial payments to the Town for regional traffic and trails
improvements, and the inclusion of newly acquired property to the previous agreements; and
WHEREAS, the Mayor and Council have determined that the terms of the Amendment to
Development Agreements are unobjectionable and do not conflict with the Town's general plan
or with the interests of the Town or its residents; and
WHEREAS, the Mayor and Council have determined that approval of the Amendment to
Development Agreements is in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Amendment to Development Agreements, attached hereto as Exhibit
"A" and incorporated herein by this reference, is hereby approved.
BE IT FURTHER RESOLVED by the Mayor and Council that the Mayor is hereby
authorized to execute the Amendments on behalf of the Town of Marana.
Marana, Arizona Resolution No. 2003-19 Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18th day of March, 2003.
ATTEST:
oo Celyn C. ~t~onson
wn Clerk
APPROVED AS TO FORM:
'"'""'Daniel J Hochuli, Esq
As Town Attorney and not personally
Marana, Arizona Resolution No. 2003-19 Page 2 of 2
Exhibit A
Development Agreement
Marana, Arizona Resolution No. 2003.19
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: JLW
DEPUTY RECORDER
1541 PEl
DOCKET: 12017
PAGE: 6571
NO. OF PAGES: 23
SEQUENCE: 20030601411
03/28/2003
AAG 16 : 28
:
SMARA
,TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 17.00
~--~
r _ 1
MARANA
~/'"
AMENDMENT TO DEVELOPMENT AGREEMENTS
Bajada, Phase 1 and Canyon Pass
(Amends Document Recorded in Docket 11580, page 1885)
=,:1
..
:
l ,
Original 1 of 3
AMENDMENT TO DEVELOPMENT AGREEMENTS
(Bajada, Phase 1 and Canyon Pass)
(Amends Document Recorded in Docket11580 at page 1885)
This Amendment (the "Amendment") is made as of ~dt. i.f ,2003 by and among the
Town of Maran a, an Arizona municipal corporation (the "To n"), Cottonwood Properties, Inc., an
Arizona corporation ("Cottonwood"), Lawyers Title of Arizona, Inc., an Arizona corporation, as
Trustee under Trust No. 7804- T ("Trust 7804") and Lawyers Title of Arizona, Inc., an Arizona
corporation, as Trustee under Trust No. 7805- T ("Trust 7805").
RECITALS:
A. The parties hereto are parties to that certain Amendment to
Development Agreements made as of June 19, 2001 and recorded in Docket 11580 at
Page 2987 in the Office of the Pima County Recorder ("Resort Agreement"), and
the parties hereto (or their predecessors in interest) are parties to the Development
Agreements defined in the Resort Agreement ("Development Agreements"). The
Resort Agreement and the Development Agreements shall be collectively referred to
herein as the "Current Development Agreements").
B. Trust 7804 and Trust 7805 are the current owners of a majority of the
property described and depicted in the Current Development Agreements (exclusive
of the District 1 Property described in the Phase 1 Agreement) and are the assignees
of the Developer's rights and obligations under the Current Development
Agreements.
C. Cottonwood is the intended master developer of the majority of the
property described and depicted in the Current Development Agreements (exclusive
of the District 1 Property described in the Phase 1 Agreement) and all references to
the "Developer" herein refer to any and all of Cottonwood, Trust 7804 and Trust
7805 (and their beneficiaries) and/or such other developer(s), ifany, as the case may
be, to whom Trust 7804 and Trust 7805 hereafter assign all or a portion of their
rights and obligations under the Current Development Agreements in accordance
with the provisions of the Current Development Agreements.
D. Trust 7804 and Trust 7805 hold the rights under a certain Water
Service Agreement with the City of Tucson dated September 19, 1988, as Contract
Number 0161-89, which Water Service Agreement has been amended by a First
Amendment, a Second Amendment, a Third Amendment, and a Fourth Amendment
(collectively the "Water Service Agreement") with respect to the provision of
potable and reclaimed water to the master planned community located in Marana,
Arizona known as Dove Mountain ("Dove Mountain"). Pursuant to the terms of the
.--
.
L
1
Water Service Agreement, the water facilities that have been or will be constructed
to serve development within Dove Mountain, including but not limited to a 24" off-
site pipeline and C to E Booster station (collectively "Offsite Potable Water
Facilities") currently delivering potable water to Dove Mountain, are reserved for
the sole and exclusive use and benefit of Trust 7804 and Trust 7805 and other owners
and occupants within Dove Mountain. The owners or prospective owners of land
identified on Exhibit A (consisting of Participating Parcels A-F and collectively
referred to herein as the "Participating Parcels") desire to obtain authorization from
Trust 7804 and Trust 7805 to connect into and utilize appurtenant capacity from the
Offsite Potable Water Facilities in order to obtain water service from Tucson Water.
E. The Developer desires to obtain reimbursement of certain costs by
selling a portion of the capacity from the Offsite Potable Water Facilities to the
owners of the Participating Parcels. The Town must consent to such utilization of
capacity on the Participating Parcels before the City of Tucson ("City") will provide
water service, and the Town must provide stored water credits ("Stored Water
Credits") as described in the Intergovernmental Agreement dated November 21,
2000 between the Town and the City ("Water IGA"), subject to the City
reimbursing the Town for stored water credits as described in the Water IGA.
F. The Town approved the annexation of section 36, in Township 11
South, Range 12 East ("Section 36") into the Dove Mountain Specific Plan under
Marana Ordinance 2002.13, and the parties desire to establish requirements for
offsite transportation improvements associated with development of Section 36.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto state, confirm and agree as follows:
AGREEMENT
1. Pipeline Capacity Allocation Revenue. In the event that the Developer is able to sell
capacity from the Offsite Potable Water Facilities, the revenue therefrom ("Pipeline Capacity
Allocation Revenue") shall be applied in the following manner: (i) the first one million $1,000,000,
shall be applied to reimburse the Developer or the Dove Mountain Resort Community Facilities
District (as the Developer shall direct) for Other Public Facilities Costs (as such term is defined in
the Resort Agreement); (ii) one-half of the Pipeline Capacity Allocation Revenue in excess of the
initial $1,000,000 applied as provided in (i) above ("Town Revenue") shall be utilized by the Town
to fund the matters described in paragraph 2 below; (iii) the remaining one-half of Pipeline Capacity
Allocation Revenue not allocated in accordance with (ii) above shall be applied to reimburse the
Developer or the Dove Mountain Resort Community Facilities District (as the Developer shall
direct) for Other Public Facilities Costs as such term is defined in the Resort Agreement. The Town
shall provide Stored Water Credits for each of the Participating Parcels upon written confirmation
from the Developer that the Participating Parcel has been allocated capacity from the Offsite Potable
Water Facilities. The Developer owns or anticipates purchasing Participating Parcel A and
Participating Parcel B, and there shall be no Pipeline Capacity Allocation Revenue from such
parcels. Pipeline Capacity Allocation Revenue shall also exclude any revenues that are received in
i
o
2
reimbursement for third party costs incurred or to be incurred for water storage or pumping facilities
within Dove Mountain.
2. Town Proiects. The Town shall use reasonable and diligent efforts to utilize the
Town Revenue in accordance with this paragraph. The Town Revenue shall be applied to
development of trail system and transportation system related expenses directly related to Dove
Mountain or other Public Facilities Costs and public improvements approved by Town staff and the
Developer.
3. Trailhead Parking Lot. Within three months after request by the Town, the
Developer shall dedicate to the Town the two acre parcel depicted on Exhibit C ("Trailhead") for
development of a trailhead parking lot as well as a fifteen foot wide public trail easement for trails
identified on Exhibit B that are located within the Dove Mountain Specific Plan and such dedication
satisfies the trail and trailhead land requirement in the Dove Mountain Specific Plan. All
improvements to the Trailhead shall comply with the design review procedures for the Dove
Mountain Specific Plan. The Trailhead shall be conveyed subject to an easement that permits the
Developer or its assignee to utilize parking within the Trailhead for nighttime events associated with
a Resort Hotel (as such term is defined in the Resort Agreement) and for daytime events such as a
major golf tournament, provided such daytime events are no longer than five days and occur no
more than two times per calendar year.
4. Section 36 Transportation Improvements. The Developer has entered into a contract
to purchase Section 36 and in the event such purchase is made by the Developer or an affiliate
thereof, such owner shall be required to provide only the following offsite transportation
improvements for development in Section 36:
A. Extend Moore Road from its terminus adjacent to the Bluffs at Dove
Mountain easterly to the existing intersection of Camino de Oeste and Moore Road. Moore
road improvements shall include a low water crossing of Prospect Wash and be completed
on the earlier of five years after this Agreement and opening of a Resort Hotel (as such term
is defined in the Resort Agreement). At the discretion of the Town, traffic calming devices
shall be provided for the Prospect Wash crossing to facilitate wildlife crossing of the road.
B. Provide 175 feet of right of way from the center line of Tangerine Road
extending northerly into Section 36. The Town shall have the right to require an additional
twenty- five (25) feet of right of way (but not improvements) to provide right of way for a
frontage road if the Developer utilizes direct access to Section 36 from Tangerine.
i .i
;,:,;:
C. Improvements necessary to accommodate vehicular turning movements in
locations where access to Section 36 is taken from Camino de Oeste or Tangerine Road.
Said improvements shall occur prior to any physical access other than construction access
from Section 36 to Camino de Oeste.
.:-
b
r-
=:]I
5. Public Purposes. The parties hereto recognize and acknowledge that the development
of the property within the Participating Parcels and Dove Mountain and the resulting augmentation
of revenues and commercial and/or recreational activities upon and about such land will directly
3
benefit the Town and its residents. The parties hereto further acknowledge that development of the
matters described in paragraph 2 and other public infrastructure are desirable and will result in
benefits to the public health, welfare and safety of the Town and its residents by (i) providing well
planned development with appropriate open space and recreational areas, (ii) increasing tax and
other revenues to the Town based on businesses and improvements to be constructed, (iii) creating
jobs through the construction and operation of new businesses, (iv) providing for new public
facilities as described herein, and (v) otherwise generally enhancing the Town for the benefit and
econolnic welfare of its residents, and for these reasons the Town will take the actions described
herein.
6. Accounting. Upon request from either party, the other party shall provide an
itemized breakdown of how monies spent from Pipeline Capacity Allocation Revenue have been
utilized.
7. Miscellaneous. In the event of litigation to enforce the terms of this Agreement, the
prevailing party shall be entitled to receive its reasonable attorneys' fees and costs of suit.
Time is hereby made of the essence of this Agreement.
The wording of this Agreement has been arrived at by negotiation between the
parties, and, in the event of any ambiguity, this Agreement shall not be construed in favor of or
against any party hereto on account of such party having prepared any draft or final version hereof.
This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their successors and assigns.
In no event shall the Developer or the Dove Mountain Resort Community Facilities
District, as the case may be, ever be reimbursed by the Town more than once for the same cost or
expense.
This Agreement constitutes the entire agreement between the parties and the parties
expressly acknowledge that there are no other agreements or understandings in regard to this
transaction other than as set forth herein or contained within other written agreements referred to
herein.
The recitals set forth herein are true and correct in all material respects and are
incorporated herein by reference.
. .:
:-..:
No payment or reimbursement hereunder shall be deemed to be an assignment or
pledge of tax revenue.
1
?
Nothing herein shall be deemed a representation as to an amount of revenue that will
be received.
4
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
unreasonably delayed or withheld.
Each party hereto shall from time to time execute and deliver such further
instruments as the other party or its counsel may reasonably request to effectuate the
intent of this Agreement, including, but not limited to, documents necessary for
compliance with the laws, ordinances, rules or regulations of any applicable
governmental authorities.
The waiver by either party of any breach of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, condition or covenant contained herein.
If any provision or any portion of any provision of this Agreement or the
application of any such provision or any portion thereof shall be held invalid or
unenforceable, the remaining portion of such provision and the remaining provisions of
this Agreement, or the application of such provision or portion of such provision, shall
not be affected thereby.
This Agreement shall be construed in accordance with the laws of the
State of Arizona. In the event of any dispute hereunder, exclusive jurisdiction and venue
shall exist only in Pima County, Arizona. In particular this Agreement is subject to the
provisions of A.R.S. 9 38-511.
Captions and headings as set forth herein are for reference purposes only
and shall not be used in construing this Agreement.
IN WITNESS WHEREOF the parties executed this Agreement the day and year
written above.
ATTEST:
THE TOWN OF MARANA, an
Arizona municipal corporation
~or
.i'
?
APPROVED AS TO FORM AND
AUTHORITY:
The foregoing Amendment has been reviewed
by the undersigned attomeywho has
determined that it is in proper form and within
the power and authority granted under the laws
of the State of Arizona to the Town of Mar ana.
~~~
Daniel J. Hocnu i, Town Attorney
APPROV AL BY DEVELOPER:
TRUST 7804:
COTTONWOOD PROPERTIES, INC.,
an Arizona corporation,
LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, as Trustee under Trust
No. 78 4- T only, and not in its corporate capacity
:~:O-;#
TRUST 7805:
LAWYERS TITLE OF ARIZONA, INC.,
an Arizona corporation, as Trustee under Trust
No. 7805- T only, and not in its corporate capacity
o
:J:
n
.r--
=;
6
I~
~,
/
1
I
I
13
N
A
w q) E
S
0'
;
3,:jOCi
35 l (1 36
\
~ n I
\
"-
2
~U
j I
I i
'-,
1
"
"
I, II iii' : I
c=c::J "~. '
j I I I " I
tII I \.
L_Li I;
::7il,
I
~
I
: =
.-
o
i
"...I
I
i
I
)
-,:0;
I
II
l
WestLand Resources lnc.
l/Iott!tln:l OI';:! tlltw"",uruG' Cal'lullllttl:-
EXHIBIT '"A"
PA..RTICIPATING p.AR.eEL EXHIBIT
8
~~..~ : e,"ocawCI\" SI"'e;. Sl.IHCl' :::o.:!
h'CIlQII ~, e!)7H.. l,t.:!Oi 20b-51b~=
EXHIBIT "A".
PARTICIPATING PARCEL A
SECTION 36
LEGAL DESCRIPTION
All of Section 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian,
Pima County, Arizona.
6
EXHIBIT "A"
PARTICIPATING PARCEL B
SAGUARO CANYON RANCH
LEGAL DESCRIPTION
ALL THAT PORTION OF SECTIONS 17,20, AND 29, TOWNSHIP 11 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20 THENCE NORTH
00002'13" WEST ALONG THE WEST LINE OF SAID SECTION 20 A DISTANCE OF
806.48 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING.
THENCE NORTH 00002'20" WEST ALONG THE WEST LINE OF SAID SECTION 20 A
DISTANCE OF 1830.53 FEET TO A POINT BEING THE WEST Y4 CORNER OF SAID
SECTION 20;
THENCE NORTH 00003'11" EAST ALONG THE WEST LINE OF SAID SECTION 20 A
DISTANCE OF 2637.57 FEET TO A POINT BEING THE NORTHWEST CORNER OF
SAID SECTION 20;
THENCE NORTH 00002'10" EAST ALONG THE WEST LINE OF SAID SECTION 17 A
DISTANCE OF 2640.27 FEET TO A POINT BEING THE WEST Y4 CORNER OF SAID
SECTION 17;
THENCE NORTH 00001'16" EAST ALONG THE WEST LINE OF SAID SECTION 17 A
DISTANCE OF 1317.72 FEET TO A POINT BEING THE NORTHWEST CORNER OF THE
SOUTHWEST 1;4 OF THE NORTHWEST 1;4 OF SAID SECTION 17;
THENCE NORTH 89042'15" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1;4
OF THE NORTHWEST 1;4 OF SAID SECTION 17 A DISTANCE OF 1322.94 FEET TO A
POINT BEING THE NORTHEAST CORNER OF THE SOUTHWEST 1~ OF THE
NORTHWEST 1;4 OF SAID SECTION 17;
=/
THENCE NORTH 00002'08" EAST ALONG THE WEST LINE OF THE SOUTH 12 OF THE
NORTHEAST 1;4 OF THE NORTHWEST Y4 OF SAID SECTION 17 A DISTANCE OF
659.39 FEET TO A POINT BEING THE NORTHWEST CORNER OF THE SOUTH 12 OF
THE NORTHEAST Y4 OF THE NORTHWEST 1;4 OF SAID SECTION 17;
THENCE NORTH 89042'20" EAST ALONG THE NORTH LINE OF THE SOUTH Y2 OF
THE NORTHEAST V4 OF THE NORTHWEST Y4 OF SAID SECTION 17 A DISTANCE ()F
1322.68 FEET TO A POINT ON THE NORTH/SOUTH MIDLINE OF SAID SECTION 17;
THENCE NORTH 00001'01" EAST ALONG THE NORTH/SOUTH MIDLINE OF SAID
SECTION 17 A DISTANCE OF 659.50 FEET TO A POINT BEING THE NORTH Y4
CORNER OF SAID SECTION 17;
THENCE NORTH 89043'55" EAST ALONG THE NORTH LINE OF SAID SECTION 17 A
DISTANCE OF 1321.04 FEET TO A POINT BEING THE NORTHEAST CORNER OF THE
WEST Vz OF THE EAST Yz OF SAID SECTION 17;
THENCE SOUTH 00002'00" EAST A DISTANCE OF 2636.87 FEET;
THENCE NORTH 89043'46" EAST A DISTANCE OF 1323.18 FEET TO A POINT BEING
THE EAST Y4 CORNER OF SAID SECTION 17;
THENCE SOUTH 01012'31" EAST A DISTANCE OF 1320.14 FEET;
THENCE SOUTH 01013'19" EAST A DISTANCE OF 1320.25 FEET TO A POINT BEING
THE SOUTHEAST CORNER OF SAID SECTION 17;
THENCE SOUTH 01008'42" WEST A DISTANCE OF 1545.34 FEET;
THENCE NORTH 85039'32" EAST A DISTANCE OF 69.43 FEET;
THENCE SOUTH 76020'52" EAST A DISTANCE OF 288.53 FEET;
THENCE SOUTH 43050'06" EAST A DISTANCE OF 347.26 FEET;
THENCE NORTH 89021'53" WEST A DISTANCE OF 213.63 FEET;
THENCE SOUTH 29041'06" WEST A DISTANCE OF 463.20 FEET;
THENCE NORTH 81036'39" WEST A DISTANCE OF 349.56 FEET;
THE}~CE SOUTH 54030'47" WEST A DISTA1'JCE OF 139.31 FEET;
.-..
:;,:,,;:
1
-.I
THENCE SOUTH 14032'27" EAST A DISTA~CE OF 363.39 FEET;
THENCE SOUTH 89042'28" WEST A DISTANCE OF 1126.37 FEET;
:J:
8
THENCE SOUTH 89058'32" WEST A DISTANCE OF 137.21 FEET;
THENCE NORTH 11000'00" WEST A DISTANCE OF 266.75 FEET;
THENCE NORTH 31059'00" WEST A DISTANCE OF 327.00 FEET;
THENCE NORTH 13006'00" WEST A DISTANCE OF 194.00 FEET;
THENCE NORTH 44056'00" WEST A DISTANCE OF 130.40 FEET;
THENCE NORTH 89045'38" EAST A DISTANCE OF 508.43 FEET;
THENCE NORTH 00024'18" EAST A DISTANCE OF 496.66 FEET;
THENCE SOUTH 89048'21" WEST A DISTANCE OF 1339.50 FEET;
THENCE SOUTH 00003'27" WEST A DISTANCE OF 388.45 FEET;
THENCE SOUTH 00017'36" EAST A DISTANCE OF 107.65 FEET;
THENCE SOUTH 00001'25" WEST A DISTANCE OF 824.23 FEET;
THENCE SOUTH 00001'34" WEST A DISTANCE OF 330.16 FEET;
THENCE SOUTH 45004'07" WEST A DISTANCE OF 934.76 FEET;
THENCE NORTH 00001'25" EAST A DISTANCE OF 329.01 FEET;
THENCE SOUTH 89045'16" WEST A DISTANCE OF 662.38 FEET;
THENCE SOUTH 00000'30" EAST A DISTANCE OF 657.88 FEET;
THENCE SOUTH 00001'26" WEST A DISTANCE OF 279.76 FEET;
THENCE SOUTH 00000'48" EAST A DISTANCE OF 1040.16 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 20;
DrST At~CE OF 271.66 FEET;
2
o
.:;
i
?
THENCE SOUTH 89041'40" WEST ALONG THE SOUTH LINE OF SAID SECTION 20 A
THENCE NORTH 00000'33" WEST A DISTANCE OF 271.02 FEET;
THENCE NORTH 89026'20" EAST A DISTANCE OF 79.44 FEET;
::J:
8
THENCE NORTH 00050'16" EAST A DISTANCE OF 516.43 FEET;
L
THENCE SC)lJTH 89037'18" WEST A DISTANCE OF 858.45 FEET;
THENCE NORTH 00035'03" WEST A DISTANCE OF 20.26 FEET;
THENCE SOUTH 89036'49" WEST A DISTANCE OF 280.75 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPT A PORTION OF THE EAST Y2 OF THE SOUTHWEST Y4 OF SAID SECTION 20,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20;
THENCE NORTH 89040'15" EAST, 1586.52 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 00001'26" EAST, 1643.87 FEET;
THENCE NORTH 89038'32" EAST, 1060.34 FEET;
THENCE SOUTH 00003'52" WEST, 425.49 FEET;
THENCE SOUTH 00000'54" EAST, 1218.91 FEET TO THE SOUTH Y4 CORNER OF
SAID SECTION 17;
THENCE SOUTH 89040' 15" WEST, 1060.23 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 29 THENCE SOUTH
89046'45"WEST A DISTANCE OF 1324.30 FEET TO THE TRUE POINT OF BEGINNING.
THENCE SOUTH 00000'11" EAST ALONG THE EAST LINE OF THE NORTHWEST 'i4
OF THE NORTHEAST ~ OF SAID SECTION 29 A DISTANCE OF 659.51 FEET;
2
THENCE SOUTH 00000'59" EAST ALONG THE EAST LINE OF THE NORTHWEST ~
OF THE NORTHEAST ~ OF SAID SECTION 29 A DISTANCE OF 660.06 FEET TO A
POINT BEING THE SOUTHEAST CORNER OF THE NORTHWEST ~ OF THE
NORTHEAST 'i4 OF SAID SECTION 29;
?
....
o
..
:J
THENCE SOUTH 89042'32" WEST ALONG THE SOUTH LINE OF THE NORTHWEST 14
OF THE NORTHEAST ~ OF SAID SECTION 29 A DISTANCE OF 1323.83 FEET TO A
c=
POINT BEING THE SOUTHWEST CORNER OF THE NORTHWEST ~ OF THE
NORTHEAST ~ OF SAID SECTION 29;
THENCE SOUTH 00001 '58" WEST ALONG THE NORTH/SOUTH MIDLINE OF SAID
SECTION 29 A DISTANCE OF 330.16 FEET;
THENCE SOUTH 84056'27" WEST A DISTANCE OF 664.48 FEET;
THENCE SOUTH 84047'14" WEST A DISTANCE OF 664.33 FEET TO A POINT ON THE
EAST LINE OF THE WEST ~ OF THE WEST ~ OF SAID SECTION 29;
THENCE SOUTH 00001 '27" WEST ALONG THE EAST LINE OF THE WEST ~ OF THE
WEST ~ OF SAID SECTION 29 A DISTANCE OF 879.13 FEET;
THENCE SOUTH 00001 '28" EAST ALONG THE EAST LINE OF THE WEST Y2 OF THE
WEST ~ OF SAID SECTION 29 A DISTANCE OF 330.09 FEET;
THENCE SOUTH 00002'23" EAST ALONG THE EAST LINE OF THE WEST Y2 OF THE
WEST ~ OF SAID SECTION 29 A DISTANCE OF 329.86 FEET;
THENCE SOUTH 00000'32" WEST ALONG THE EAST LINE OF THE WEST ~ OF THE
WEST ~ OF SAID SECTION 29 A DISTANCE OF 660.19 FEET;
THENCE SOUTH 89043 '34" WEST ALONG THE SOUTH LINE OF THE NORTHWEST ~
OF THE SOUTHWEST ~ OF SAID SECTION 29 A DISTANCE OF 918.93 FEET;
THENCE NORTH 00000'50" WEST A DISTANCE OF 1319.65 FEET;
THENCE SOUTH 89040'54" WEST A DISTANCE OF 329.81 FEET TO THE EAST R.O.W.
LINE OF THORNYDALE ROAD;
THENCE NORTH 00000'41" EAST ALONG THE EAST R.O.W. LINE OF THORNYDALE
ROAD A DISTANCE OF 1651.83 FEET;
THENCE NORTH 89042'27" EAST A DISTANCE OF 1248.44 FEET;
THENCE NORTH 00003'02" EAST A DISTANCE OF 330.35 FEET TO A POINT BEING
THE NORTHWEST CORNER OF THE SOUTHWEST ~ OF THE NORTHEAST ~ OF THE
NORTHWEST ~ OF SAID SECTION 29;
1
THENCE NORTH 89041 '30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ~
OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF SAID SECTION 29 A DISTANCE
OF 661.89 FEET TO A POINT BEING THE NORTHEAST CORNER OF THE
SOUTHWEST ~ OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF SAID SECTION
29;
Q
THENCE NORTH 00000'23" WEST ALONG THE WEST LINE OF THE NORTHEAST 1;4
OF THE NORTHEAST 1;4 OF THE NORTHWEST 1;4 OF SAID SECTION 29 A DISTANCE
OF 660.51 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 29;
THENCE NORTH 89041 '40" EAST ALONG THE NORTH LINE OF SAID SECTION 29 A
DISTANCE OF 661.80 FEET TO THE NORTH 1;4 CORNER OF SAID SECTION 29;
THENCE NORTH 00000'22" EAST ALONG THE WEST LINE OF THE SOUTHWEST 1;4
OF THE SOUTHEAST 1;4 OF SAID SECTION 20 A DISTANCE OF 723.53 FEET;
THENCE SOUTH 78038'45" WEST A DISTANCE OF 675.04 FEET TO THE WEST LINE
OF THE EAST Y2 OF THE SOUTHEAST 1;4 OF THE SOUTHWEST1;4 OF SAID SECTION
20;
THENCE NORTH 00000'22" WEST ALONG THE EAST Y2 OF THE SOUTHEAST 1;4 OF
THE SOUTHWEST 1;4 OF SAID SECTION 20 A DISTANCE OF 723.68 FEET TO A POINT
BEING THE NORTHWEST CORNER OF THE EAST Y2 OF THE SOUTHEAST 1;4 OF THE
SOUTHWEST 1;4 OF SAID SECTION 20;
THENCE NORTH 89044'57" EAST ALONG THE NORTH LINE OF THE EAST Yz OF THE
SOUTHEAST 1;4 OF THE SOUTHWEST 1;4 OF SAID SECTION 20 A DISTANCE OF 661.96
FEET TO A POINT BEING THE NORTHEAST CORNER OF THE EAST Y2 OF THE
SOUTHEAST 1;4 OF THE SOUTHWEST 1;4 OF SAID SECTION 20;
THENCE NORTH 89045'39" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1;4
OF THE SOUTHEAST 1;4 OF SAID SECTION 20 A DISTANCE OF 1324.72 FEET TO A
POINT BEING THE NORTHEAST CORNER OF THE SOUTHWEST 1;4 OF THE
SOUTHEAST 1;4 OF SAID SECTION 20;
THENCE SOUTH 00003 '46" WEST ALONG THE EAST LINE OF THE SOUTHWEST 1;4
OF THE SOUTHEAST 1;4 OF SAID SECTION 20 A DISTANCE OF 1317.63 FEET TO A
POINT BEING THE TRUE POINT OF BEGINNING.
PARCEL 3
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, SAID POINT
BEING THE TRUE POINT OF BEGINNING THENCE SOUTH 89046'45" WEST ALONG
THE SOUTH LINE OF SAID SECTION 20 A DISTANCE OF 331.72 FEET;
'l:
i
THENCE NORTH 00005'32" EAST A DISTANCE OF 658.93 FEET;
THENCE NORTH 89052'51" WEST ALONG THE SOUTH LINE OF THE NORTHEAST Y4
OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SAID SECTION 20 A DISTANCE
OF 331.67 FEET TO A POINT BEING THE SOUTHWEST CORNER OF THE
Q
NORTHEAST Y4 OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SAID SECTION
20;
THENCE NORTH 00000'57" EAST ALONG THE WEST LINE OF THE NORTHEAST V4
OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SAID SECTION 20 A DISTANCE
OF 656.53 FEET TO A POINT BEING THE NORTHWEST CORNER OF THE
NORTHEAST Y4. OF THE SOUTHEAST V4 OF THE SOUTHEAST Y4 OF SAID SECTION
20;
THENCE NORTH 89042'34" EAST ALONG THE NORTH LINE OF THE NORTHEAST Y4
OF THE SOUTHEAST Y4 OF THE SOUTHEAST Y4 OF SAID SECTION 20 A DISTANCE
OF 663.28 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 20;
THENCE SOUTH 00002'56" WEST ALONG THE EAST LINE OF SAID SECTION 20 A
DISTANCE OF 1318.24 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING.
PARCEL 4
A PORTION OF THE SOUTHEAST Y4 OF THE NORTHEAST Y4 OF THE SOUTHWEST Y4
OF SAID SECTION 20, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST Y4 OF THE
SOUTHWEST Y4 OF SAID SECTION 20, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89044'57" WEST, 661.96 FEET TO THE SOUTH WEST CORNER OF
THE SOUTHEAST Y4 OF THE NORTHEAST Y4 OF THE SOUTHWEST Y4 OF SAID
SECTION 20i
THENCE NORTH 00002' 12"EAST, 329.54 FEETi
THENCE NORTH 45004'07"EAST, 934.76 FEET;
THENCE SOUTH 00000'14" WEST, 987.55 FEET TO THE TRUE POINT OF BEGINNING.
1
El-.JD OF PARTICIPATING PARCEL B LEGAL DESCRIPTION
.s.
=;:
b
EXHIBIT "A"
PARTICIPATING PARCEL C
FOREST CITY PARCEL
LEGAL DESCRIPTION
Tangerine Crossing, Blocks 1 through 12, inclusive, and Common Areas A, B, and C, as
recorded in Book 49, Page II, of Maps and Plats, Official Records of Pima County, Arizonao
2
:::.:
=7
EXHIBIT "A"
PARTICIPATING PARCEL D
SKY RANCH
LEGAL DESCRIPTION
PARCEL 1:
Those parts of Section 6, Township 12 South, Range 13 East, of the Gila and Salt River Base and
Meridian, Pima County, Arizona, described as follows:
The Southeast quarter;
The South half of the Northeast quarter;
The East half of the Southwest quarter;
The Southeast quarter of the Northwest quarter;
Lots 4, 5,6 and 7;
Lot 3, EXCEPT the East 600 feet;
The South 30 feet and the East 30 feet of the East 600 feet of Lot 3 and the South 30 feet of Lots
1 and 2 and the West 30 feet of Lot 2;
EXCEPTING THEREFROM the East 30 feet lying within Thornydale Road as established by
Resolution recorded in Docket 1064, Page 205~208;
AND EXCEPTING THEREFROM the North 50 feet lying within Tangerine Road as shown by
Map on file in Book 7 of Road Maps" Page 83;
ALSO EXCEPTING THEREFROM any portion lying within Camino de Marana Road No. 220
as shown by Map on file in Book 2 of Road Maps, Page 1; and
FUR TIlER EXCEPTING THEREFROlv1 that portion as set forth in Final Order of
Condemnation recorded June 30, 1994 in Docket 9825, Page 1165;
~
.c
!
?
COMMENCING at the South quarter corner of said Section 6;
5
THENCE North 00 degrees 07 minutes 56 seconds West, along the West line of the East half on
the quarter Section line of said Section 6, 660.66 feet to a point;
B
THENCE North 89 degrees 48 minutes 29 seconds East, 2,609.38 feet to a point 30.00 feet
West of the East line of Section 6;
THENCE North 00 degrees 13 minutes 43 seconds West, 1,979.09 feet along a line parallel to
and being 30.00 feet West of the East line of the Southeast quarter of Section 6;
THENCE North 00 degrees 10 minutes 58 seconds West, 1,348.95 feet along a line parallel to
and being 30,00 feet West of the East line of the Northeast quarter of Section 6;
THENCE South 89 degrees 53 minutes 00 seconds West, 780.00 feet along a line parallel to and
being 30,00 feet North of the South line of Lot 1, to the TRUE POINT OF BEGINNING;
THENCE continuing South 89 degrees 53 minutes 00 seconds West, 400.00 feet to a point;
THENCE South 00 degrees 10 minutes 58 seconds East, 600.00 feet to a point;
THENCE North 89 degrees 53 minutes 00 seconds East, 400.00 feet to a point;
THENCE North 00 degrees 10 Ininutes 58 seconds West, 600.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
The West 660 feet of the South 400 feet of Lot 2, Section 6, Township 12 South, Range 13 East,
of the Gila and Salt River Base and Meridian, Pima County, Arizona;
EXCEPT the South 30 feet and the West 30 feet thereof.
PARCEL 3:
All of that portion of the East 600 feet of Lot 3, Section 6, Township 12 South, Range 13 East,
Gila and Salt River Base and Meridian, Pima County, Arizona, Lying Northwesterly and
adjoining the Northwesterly Right of Way of Camino De Marana as recorded in the office of the
Pima County Recorder of Pima County, Arizona in Book 2 of Road Maps, at Pages 1 through 4,
EXCEPTIN G any portion of said East 600 feet lying in Tangerine Road recorded in the office of
the Pima County Recorder in Book 7 of Road Maps, Page 83.
2
o
1
"'-j
EXHIBIT "A"
PARTICIPATING PARCEL E
FOOTHILLS/CANYON SHADOWS PARCEL
LEGAL DESCRIPTION
That part of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and
Meridian, Pima County, Arizona, that is within the Record of Survey recorded in Docket 11924,
Page 107 of Pima County Records.
n
1
=:,J
b
=,}
.:--..
u
EXHIBIT "A"
PARTICIPATING PARCEL F
MOORE ROAD PARCEL
LEGAL DESCRIPTION
The following portions of Section 26 in Township 11 South, Range 12 East Gila and Salt River
Base & Meridian, Pima County, Arizona, are described as follows:
Parcel A
The west half of the southeast quarter, of the southwest quarter, of the southeast quarter,
excepting the south 75 feet thereof.
Parcel B
The east two hundred and twenty feet of the northwest quarter, of the southwest quarter, of the
southeast quarter.
Parcel C
The west two hundred and twenty feet of the northeast quarter, of the southwest quarter, of the
southeast quarter.
Parcel D
The west two hundred and twenty feet of the east four hundred and forty feet of the northeast
quarter, of the southwest quarter, of the southeast quarter.
Parcel E
The east two hundred and five feet of the west four hundred and forty feet of the northwest
quarter, of the southwest quarter, of the southeast quarter.
Parcel F
A portion of Section 26 in Township 11 South, Range 12 East Gila and Salt River Base &
Meridian, Pima County, Arizona, being more particularly described as follows: the west half of
the southwest quarter, of the southwest quarter, of the southeast quarter, excepting the west 30
feet and the south 75 feet thereof.
Parcel G
A portion of Section 26 in Township 11 South, Range 12 East Gila and Salt River Base &
Meridian, Pima County, Arizona, being 11lore particularly described as follows: the east half of
the southwest quarter, of the southwest quarter, of the southeast quarter, except the south 75
feet thereof.
=-
.
~
o
~
~
o
r
~
~
>
~
(/)
~
t:d
~
~
~.
~
r
~
r
>
Z
t:d
><
~
~
to
~
~
"'
tt3
""
...
1
:-:
L
o
........
-/
...-
;0.
5
==
J
l!"'J:
.::-
I-
(I)
:L
::>
L
Cl...
C\J
o
~
cU
2 ACRE
TRAILHEAD
PARKING
LOT
RESORT
BOUNDARY
SECRET
SPRINGS
DRIVE
SAGUARO
FOREST GOLF
LOOP COURSE
VACATION CLUB
GOLF
COURSE
C"J
C>
o
C\J
......
"-
S
OJ
~
"U
ni
t
I{~~-I , .
~ - ~
.s:::
x
~ DOVE
C"J
~ MOUNTAIN
~ BOULEVARD
/'
I.Il
.IJ
o
---,
,
~
n.
o
I
-:::
/
I
\J
EXHIBIT C
DOVE MOUNTAIN TRAILHEAD
1
~
NORTH
SCALE: 1" =400'
1
=.1-
'"
........
-/
<0> COPYRIGHT OPW & ASSOC. INC. 20
6
5
9
3
OPW ENGINEERING, L.L.C.
i:::o:: ~: ~~~5 Road 137 OPW JOB NO. 96013-RES-602
Phone (520) 296-85<<