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HomeMy WebLinkAboutResolution 2023-093 Accepting the Offer of Just Compensation from Pima County Continental Ranch Regional Pump Station Force Main Augmentation MARANA RESOLUTION NO. 2023-093 RELATING TO REAL ESTATE; ACCEPTING THE OFFER OF JUST COMPENSATION FROM PIMA COUNTY FOR ADDITIONAL PROPERTY RIGHTS NEEDED FOR THE CONTINENTAL RANCH REGIONAL PUMP STATION FORCE MAIN AUGMENTATION PROJECT AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE THE ACQUISITION AGREEMENT, CONVEYANCE INSTRUMENTS, AND ANY AND ALL OTHER ASSOCIATED DOCUMENTS WHEREAS the Town of Marana owns various properties in the vicinity of the Crossroads at Silverbell District Park and the Santa Cruz River Park; and WHEREAS Pima County needs to acquire additional property rights from the Town for its Continental Ranch Regional Pump Station Force Main Augmentation Project,which increases sewer conveyance capacity and adds redundancy between Pima County's Continental Ranch Regional Pump Station and Pima County's Tres Rios Wastewater Reclamation Facility; and WHEREAS Pima County has presented the Town an offer of just compensation in the amount of $148,400.00, based on an independent appraisal of the property rights needed for the project, and has prepared an Acquisition Agreement and conveyance instruments for execution by the Town; and WHEREAS the Mayor and Council of the Town of Marana find that the public interests are served by approving this resolution. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the offer of just compensation from Pima County for the property rights needed for its Continental Ranch Regional Pump Station Force Main Augmentation Project is hereby accepted, the Acquisition Agreement attached to this resolution and incorporated by this reference as Exhibit A is hereby approved, and the Town Engineer is hereby directed and authorized to execute the Acquisition Agreement, conveyance instruments, and any other documentation associated with the agreement. BE IT FURTHER RESOLVED THAT the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms of this resolution. 00091605.DOCX/1 Resolution No.2023-093 - 1 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of September 2023. (// Mayor Ed Honea ATTEST: APPROV D AS TO FORM: David L. Udall, Town Clerk Ja�airall, Town Attorney 411111 Com. MARANA AZ ESTABLISHED 1977 00091605.DOCX/1 Resolution No.2023-093 - 2 - Exhibit A to Marana Resolution No. 2023-093 ADV Contract Number 404164k liess PIMA COUNTY REAL PROPERTY ACQUISITION AGREEMENT FOR PERMANENT EASEMENT 1. Defined Terms. The following terms will be used as defined terms in this Acquisition Agreement and have the meaning set forth below ("Agreement"): 1.1. Seller: Town of Marana, an Arizona municipal corporation 1.2. Buyer: Pima County, a political subdivision of the State of Arizona 1.3. Purchase Price: the sum of One Hundred Forty-Eight Thousand Four Hundred Dollars ($148,400.00) 1.4. Buyer's Maximum Costs: the Buyer's share of Closing Costs, which shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) 1.5. Title Company: Stewart Title & Trust of Tucson, Diane Wooster, Escrow Officer, 6831 N. Oracle Road, #101, Tucson, AZ 85704; Phone: (520) 917-6114; E-mail: diane.wooster@stewart.com 1.6. Effective Date: the date Seller and Buyer have approved and accepted this Agreement by affixing their signatures. The date Buyer executes this Agreement is the date this Agreement is signed by Buyer's Procurement Director. 1.7. Permanent Easement Area: the area within the parcel of real property described in Exhibits A, B, C, D & E and depicted in Exhibits A-1, B-1, C-1, D-1 & E-1. 1.8. Exceptions to Title: Exhibit F lists all Reported Exceptions to Title. Items 12 & 13 shall be removed from the title exceptions prior to closing with the remaining listed exceptions being "Approved Exceptions". Exhibit A to Marana Resolution No. 2023-093 1.9. Seller's Address: Town of Marana, 11555 W. Civic Center Dr., Marana, AZ 85653 1.10. Buyer's Address: Director, Pima County Real Property Services, 201 N Stone Ave, 6th Fir, Tucson, AZ 85701-1207; E-mail: jeffrey.teplitsky@pima.gov 2. Parties; Effective Date. This Agreement is entered into between Seller and Buyer, and shall be effective on the Effective Date. Seller and Buyer are collectively referred to herein as the "Parties," and individually as a "Party." 3. Purchase of Permanent Easement; Right of Entry; Driveways. In lieu of exercising Buyer's power of eminent domain, Buyer agrees to acquire from Seller, and Seller agrees to convey to Buyer, in consideration of the Purchase Price, the following real property interests: 3.1. A Permanent Easement, in, on, over, under, across and through the Permanent Easement Area; 3.2. The right for Buyer, its agents and contractors, to enter upon the Permanent Easement Area (the "ROE") prior to closing to inspect the Permanent Easement Area and to conduct other non-ground-disturbing activities, provided that such activities do not unduly disturb Seller's use of the Permanent Easement Area. 3.3. The right, if necessary, to adjust driveway grades on the Permanent Easement Area to match the grade of County improvements. 4. Seller's Warranties 4.1. Leases. Seller warrants that there are no oral or written leases on all or any portion of the Permanent Easement Area. 4.2. Wells and Water Rights. Seller warrants that there are no wells on or water rights associated with the Permanent Easement Area, except as specifically identified on Exhibit G attached. 4.3. Underground Improvements. Seller warrants that there are no septic tanks, septic or leach fields, alternative waste disposal systems, private irrigation lines, and/or other underground improvements on the Permanent Easement Area, except as specifically identified on Exhibit H attached. Page 2 Exhibit A to Marana Resolution No. 2023-093 5. Closing Costs. 5.1. Closing Costs. The closing costs ("Closing Costs") will be paid as follows: 5.1.1. All escrow fees and recording fees, if any, shall be paid by Buyer. 5.1.2. Buyer will pay for a Standard Owner's Title Insurance Policy for the Permanent Easement, in the amount of the Purchase Price. 5.1.3. Buyer will pay a reasonable fee for any necessary Consents to Easement for secured liens. 5.1.4. Buyer may, at its sole discretion, pay other reasonable fees or costs related to the Closing. 5.1.5. Seller will pay for any necessary consents to easement of any unsecured liens and/or the cost to establish free and clear marketable title to the Permanent Easement Area. 5.2. Buyer's Total Costs. Buyer's total costs at Closing shall not exceed Buyer's Maximum Cost, provided, however, that Buyer may unilaterally increase Buyer's Maximum Cost by written notice from Buyer to Seller prior to Closing. 6. Escrow and Title. 6.1. Escrow. Title Company will act as escrow agent. This Agreement will constitute escrow instructions in connection with the escrow established with Title Company under this Agreement (the "Escrow"). Title Company will make reasonably suitable arrangements with either Party, upon that Party's request, to have the Party execute any of the documents to be executed by that Party as provided in this Agreement at the office of Title Company that is most convenient for Buyer. 6.2. Title Commitment. Escrow Agent will distribute to the Parties a Commitment for Standard Owner's Title Insurance (the "Commitment") together with complete and legible copies of all documents that will remain as exceptions to Buyer's policy of title insurance. 6.3. Amended Commitment. In the event Title Company should issue an Amended Commitment for Title Insurance which discloses an exception(s) not previously Page 3 Exhibit A to Marana Resolution No. 2023-093 disclosed, Buyer shall have fifteen (15) days after the receipt of the Amended Commitment and the new Exceptions (the "Disapproval Period") within which to notify Seller and the Escrow Agent in writing of Buyer's disapproval of any new exceptions shown thereon (the "Disapproval Notice"). In the event of such disapproval, Seller shall have ten (10) days from receipt of the Disapproval Notice in which to notify Buyer in writing whether Seller intends to eliminate each of the disapproved Exceptions prior to the Closing (the "Notice Period"). If Seller fails to notify Buyer of its intent with respect to the disapproved items within that time or if Seller elects not to cure all disapproved items, Buyer may terminate this Agreement and the Escrow will be canceled. If the Amended Commitment is issued less than fifteen (15) days prior to the date of the Closing, then the date of the Closing is extended until the end of the Disapproval Period and the Notice Period, if applicable. 6.4. Title Policy is Condition to Closing. Buyer's obligation to Close is contingent upon Title Company being prepared to issue a Standard Owner's Title Insurance Policy for the Permanent Easement in the amount of the Purchase Price, subject only to the Approved Exceptions and the standard printed exceptions in the policy; provided however, notwithstanding the approval of the exceptions by Buyer, prior to Closing all monetary liens and encumbrances on the Fee Property will be released and/or consent(s) will be granted by the lienholder(s) for the Permanent Easement, unless this Agreement expressly provides for the prorating of any such lien or encumbrance. 6.5. Seller's Title Obligation. Seller is hereby obligated to provide Buyer free and clear marketable title subject only to the Buyer's Approved Exceptions. Seller shall cause all exceptions to title not approved by Buyer to be removed prior to Closing. 7. Closing. 7.1. Closing Date. The Closing (the "Closing") will take place at the office of Title Company on or before one hundred twenty (120) days after the Effective Date, provided however, that Buyer may extend the Closing until thirty (30) days after receipt of all necessary releases or consents from Lienholders. Notwithstanding the foregoing, this Agreement will terminate if closing has not occurred within one year after execution by Buyer. 7.2. Deliveries by Buyer at Closing. At Closing, Buyer shall deliver to Seller through Escrow the following: Page 4 Exhibit A to Marana Resolution No. 2023-093 7.2.1. The Purchase Price, which will be paid in full at Closing payable to Title Company by Buyer's check; and 7.2.2. Such additional documents as Seller or Escrow Agent may reasonably require to effectuate the purchase. 7.3. Deliveries by Seller at Closing. At Closing, Seller shall deliver to Buyer through Escrow the following: 7.3.1. An Easement in the form of Exhibit I, granting to Buyer a permanent easement in, on, over, under, across and through the Permanent Easement Area; 7.3.2. Such additional documents as Buyer or Escrow Agent may reasonably require to effectuate the Purchase. 7.4. Security Interests. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trust, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and will, upon demand by the Lienholders, be paid to the Lienholders. 8. Seller's Covenants. 8.1. No Personal Property. No personal property is being transferred pursuant to this Agreement. 8.2. No Encumbrances. Seller shall not encumber the Permanent Easement Area with any lien that Seller will be unable to cause to be released or consented to by the lender before Closing, and Seller shall not be entitled to sell or exchange all or any portion of the Permanent Easement Area before Closing without the prior written approval of Buyer; provided, however, that any such sale will be conditioned upon a written assumption by Buyer thereof of the obligations of Seller under this Agreement, and there will be no novation of Seller with respect to its obligations under this Agreement. From and after the Effective Date through the Closing, Seller will not enter into, execute or record any covenant, deed restriction, or any other encumbrance against the Permanent Easement Area. The recording of any such covenant, deed restriction, or other encumbrance, is a material breach of this Agreement and entitles Buyer to terminate this Agreement. Page 5 Exhibit A to Marana Resolution No. 2023-093 8.3. Reports. Seller shall make available to Buyer all documents relating to the Permanent Easement Area that it has in its possession, including any and all surveys, information regarding wells and water rights, and environmental reports. 9. Environmental. 9.1. Environmental Representations. Buyer and Seller agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Permanent Easement Area, each party remaining responsible for its obligations as set forth by law. Seller represents and warrants that, to the best of Seller's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Permanent Easement Area or within any surface or subsurface waters thereof; that no underground tanks have been located on the Permanent Easement Area; that the Permanent Easement Area is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Permanent Easement Area. 9.2. Environmental Inspection Rights. 9.2.1. From and after the Effective Date, Seller shall permit Buyer to conduct such inspections of the Permanent Easement Area as the Buyer deems necessary to determine the environmental condition of the Permanent Easement Area. If any environmental inspection recommends further testing or inspection, the Parties hereby agree to extend the date of Closing to at least thirty (30) days after the report for such additional testing or inspection is completed on behalf of Buyer, but not later than an additional one hundred eighty (180) day extension. 9.2.2. If any environmental inspection reveals the presence of contamination or the need to conduct an environmental cleanup, Buyer shall provide written notice to Seller, prior to Closing, of any items disapproved by Buyer as a result of Buyer's inspection (the "Objection Notice"). If Buyer sends an Objection Notice, Seller may, within five (5) business days of receipt of the Objection Notice, notify Buyer if Seller is willing to cure any of the items to which Buyer objected (the "Cure Notice"). If Seller elects not to send Buyer a Cure Notice or if Seller's Cure Notice is not acceptable to Buyer, then Buyer may elect to terminate this Agreement, in which case the Agreement will be terminated and of no further force and effect. 10. Broker's Commission. No broker or finder has been used and Buyer owes no Page 6 Exhibit A to Marana Resolution No. 2023-093 brokerage or finders fees related to this Agreement. Seller has sole responsibility to pay all brokerage or finders fees to any agent employed. 11. Default, Remedies, and Conditions Precedent. In the event either Party defaults under this Agreement, the other Party shall be entitled to pursue all rights and remedies available at law or in equity, including specific enforcement. To the extent a Party seeks damages, the recovery is limited to actual damages (including any losses or penalties suffered by Buyer as a result of any violation of federal arbitrage violations caused by a wrongful failure of Seller to perform). Neither Party is entitled to exemplary, punitive, special, indirect or consequential damages. 12. Exhibits. The following Exhibits are fully incorporated herein as if set forth at length. To the extent that any Exhibits to this Agreement are not available at the execution thereof, they will be added by the Parties prior to Closing and will be in form and substance reasonably satisfactory to the Parties. Exhibits A, B, C, D & E Permanent Easement Area Exhibits A-1, B-1, C-1, D-1 & E-1 Depiction of Permanent Easement Area Exhibit F Reported Exceptions to Title Exhibit G Seller Disclosure of Water Rights Exhibit H Seller Disclosure of Underground Improvements Exhibit I Form of Permanent Easement 13. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement: 13.1. Notices. 13.1.1. Writing. All notices required or permitted to be given hereunder must be in writing and mailed by first class, registered, certified or overnight mail, return receipt requested, postage prepaid, or transmitted by electronic mail, facsimile, or hand delivered, addressed to Seller's address or Buyer's address. 13.1.2. Receipt. If mailed, all such notices, demands, requests, or other communications are deemed received upon the expiration of seventy-two (72) hours after deposit in the U.S. mail as aforesaid. Notice served personally or by electronic mail or facsimile is deemed served upon delivery thereof to the addressee. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice Page 7 Exhibit A to Marana Resolution No. 2023-093 was given is deemed to be receipt of the notice, demand or request sent. Any party entitled to notices hereunder may from time to time designate to the other parties, in writing and given in accordance with this Section, a different address for service of notice. 13.2. Governing Law. This Agreement is subject to, and interpreted by and in accordance with, the laws of the State of Arizona. Any action to be brought under this Agreement must be filed and maintained in a court in Pima County, Arizona. 13.3. Entire Agreement. This Agreement is the entire Agreement of the Parties respecting the subject matter hereof. There are no other agreements, representations or warranties, whether oral or written, respecting the subject matter hereof. 13.4. Interpretation. This Agreement, and all the provisions of this Agreement, is deemed drafted by all of the Parties. This Agreement will not be interpreted strictly for or against any Party, but solely in accordance with the fair meaning of the provisions hereof to effectuate the purposes and intent of this Agreement. 13.5. No Representations. Each Party has entered into this Agreement based solely upon the agreements, representations and warranties expressly set forth herein and upon that Party's own knowledge and investigation. Neither Party has relied upon any representation or warranty of any other Party except any such representations or warranties as are expressly set forth herein. 13.6. Signing Authority. Each of the persons signing below on behalf of a Party represents and warrants that the signer has full requisite power and authority to execute and deliver this Agreement on behalf of the Party for whom the signer signs and to bind such Party to the terms and conditions of this Agreement. 13.7. Counterparts. This Agreement may be executed in counterparts, each of which is effective as an original. This Agreement becomes effective only when all of the Parties have executed the original or counterpart hereof. This Agreement may be executed and delivered by a facsimile transmission or email of a counterpart signature page hereof. 13.8. Attorney's Fees and Costs. In any action brought by a Party to enforce the obligations of any other Party, the prevailing Party is entitled to collect from the opposing Party to such action such Party's reasonable litigation costs and attorney's fees and expenses, including court costs, reasonable fees of accountants and experts, and other expenses incidental to the litigation in addition to all other relief, all of which will be set by a judge and not by a jury, to which the prevailing Party may be entitled. Page 8 Exhibit A to Marana Resolution No. 2023-093 13.9. Binding Effect. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. 13.10. No Third Party Beneficiaries. This is not a third party beneficiary contract. No person or entity other than a Party signing this Agreement has any rights under this Agreement, except as expressly provided in this Agreement. 13.11. Amendment. This Agreement may be amended or modified only in a writing signed by the Parties, which specifically references this Agreement. 13.12. No Partnership. Nothing in this Agreement creates a partnership or joint venture, or authorizes any Party to act as agent for or representative of any other Party. 13.13. No Waiver. The failure of a Party to require full or timely performance of any obligation arising under this Agreement (whether on a single occasion or on multiple occasions) is not a waiver of any such obligation. No such failure gives rise to any claim of estoppel, laches, course of dealing, amendment of this Agreement by course of dealing, or other defense of any nature to any obligation arising hereunder. 13.14. Time of the Essence. Time is of the essence with respect to each obligation arising under this Agreement. 13.15. Conflict of Interest. This Agreement is subject to cancellation within three (3) years after its execution pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of Buyer is, at any time while this Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. [Rest of Page Intentionally Left Blank] Page 9 Exhibit A to Marana Resolution No. 2023-093 SELLER'S APPROVAL AND ACCEPTANCE: TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor Date ATTEST: Town Clerk Date APPROVED AS TO CONTENT: Town Engineer Town Parks and Recreation Director APPROVED AS TO FORM: Town Attorney Page 10 Exhibit A to Marana Resolution No. 2023-093 BUYER'S APPROVAL AND ACCEPTANCE: PIMA COUNTY, a political subdivision of the State of Arizona Terri Spencer, Procurement Director Date RECOMMENDATIONS FOR APPROVAL: Dana Hausman, Acquisition Agent Jeffrey Teplitsky, Director, Real Property Services Date Carmine DeBonis, Jr., Deputy County Administrator Date APPROVED AS TO FORM Rachelle Barr, Deputy County Attorney Date RPS Acq-0836 Page 11 Exhibit A to Marana Resolution No. 2023-093 . ' Geomatics Consulting �� ��D°������ u� 1745 W Deer Valley Rd —Suite 118 ' Phoenix, &Z85027 EXHIBIT 'A' LEGAL DESCRIPTION A 30-foot wide strip of land within that parcel described in Pima County Records Sequence Number 2010-0110506 within Section 21, Township 12 South, Range 12 East of the Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at a brass cap stamped "RLS 28745" at the centerline intersection of Sunset Mountain Dr and Scarlet Canyon Dr in the Parcel 28 Continental Ranch Lots 1 Thru 162 Subdivision recorded at Map Book 48, Page 65 of Pima County Records, from which a brass cap stamped RLS 28745^ bears S20"23'5O^E 46068 feet at the centerline intersection of Mesquite River Dr and Scarlet Canyon Dr, being the Basis of Bearings; thenmaS51"22'5O^E 53865 feet to the north end of the centerline of said strip easement on the property line of said parcel and POINT OF BEGINNING; thenceS26"24'18^E 26.24 feet; thence S29"10'47^E 95.51 feet to the south line of said parcel and end of strip emoemen\, the sidelines of which being lengthened or shortened so as to terminate on adjoining sidelines and on the parcel lines; containing approximately 0084 acre. END OF DESCRIPTION / ' :i-Fic NAL II ri _._ ) � � �� ^ Exhibit A to Marana Resolution No 70713-093 EXHIBIT "A-1" \ \ Z I m i �O �,S• 050* y06 e a✓ // \ \ oo �.) 1 oto pp\�0 BCSM RLS 28745 0O "7 -. () v � 'C`-' NO SUNSET MOUNTAIN DR Z� n \ \22615OO5C o --r. Lu cn C2,00 i S \ \IN \ N>,' G� o CITY OF TUCSON in 0 0 7_ T T �6' slc' \ s \ I — 226-15-005D /2S e� 12E \ �. \ 6'l Se.� N CITY OF TUCSON F 10 cP ` \226-15-002 ,._ \ 2[ 7 IfN LK SEC 21 69 �`� TOWN OF MARANA P/MA COUNTY \ o `, SO NO 20100110506 \ 2 e . P08 QQ S26°24'18"E 26.24' \ �� - 0 Q2 S29°10'47"E 95.51' \ \ \ i,' / ',II 15 30'EAN PERMANENT PARCFI 28, T CONTINENTAL RANCH \ 'I`�� MP BK. 48 PG. 65 0 / ___---. - _---- O I TE. N83°40'05-w , MESU R - __ 5.97' -__,j ------ - RIVER -- ___ _ __ ----") i "` \ `s MESQUITE 8CSM RLS 28745 , � RIVER DR ___-------- r �-0 / 1 <m \_ ..... _ _____-\- r/ / P i -( 140 PE--- __-rr ---\\ 1-1_,_-. ---;: I*\ =( 07JP \PROJECTS\211582 CRRPS Force Mei \BENTLEY\DON\22615-002K.dgn PROJECT: 2' 1582 CRRPS Force Main LOCATION: PMA COUNTY * '•,7ed ;17/Aa. Geomatics Consulting Group SURVEY/DATE: / i 4iYzaN4,u,SA �`;� 1745 W Deer alley OA 9Ste 21 118 Phx.,Az.85027 DRAWN/DATE: J DAVIS! 7/2022 SHEET:1 OF 1 ESMT APN 226-15-002K Exhibit A to Marana Resolution No. 2023-093 Geomatics Consulting �� ����K0���� � 1745VV. Deer Valley Rd. - Suite 118 Phoenix AZ 85027 EXHIBIT 13: LEGAL DESCRIPTION A portion of land within in Common Area "Al" of the Parcel 3 Continental Ranch-Resubdivision Lots 1 thru 164, Common Areas Al thru A8, Pima County Records Book 50 Page 11 within Section 27, Township 12 South, Range 12 East of the Gila and Salt River Baseline and Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at a 3 inch brass cap at the centerline intersection ofVVi|doma, Dr and Tulare Way in said Subdivinion, from which a 3 inch brass cap at the centerline intersection of Arcata Dr and Tulare Way bears S43"30'OO^E 341.36 feet, being the Basis of Bearings; thence N22°28'47''VV 265.58 feet to the most northerly corner of Lot 23 of said Subdivision and POINT OF BEGINNING; thence N18°32'33"E 5.86 feet along the boundary line of said Subdivision; thenceW81"39'O1^E 27.29 feet; thence departing said boundary line G47°07'47^E 4 55 feet; thonceO53"22'O8^E 393.25 feet; thenceS7O"O8'27^E 7378h»���. � thence S52°51'33"E 7473 feet to the boundary line of said Subdivision thenceS40°31'O7^VV 24.67 feet along said boundary line; thence departing said boundary line N51°53'Ol"W 48.79 feet; thence N70"03'27^VV 99.70 feet to the boundary line of Lot 26 of said Subdivision; thenoeN28^23'54^VV 8 56 feet along said boundary line; thence N52"52'28^VV 406.87 feet to the POINT OF BEGINNING; ' . containing approximately 0 340 acre y END OF DESCRIPTION �• / (. ' . °n0 2023,093 , azar`a lges°luta J a = .t PtO � 1`lb < on s�� � n W InOm • /-410._ &3'a Z CV N m Q c: C> Z V1 / N N (NI % // i• r- N 1— / c / / - • N p t— ,/ , M 4 7 \- t', // / /4 („) .C4.)--. r J a M 17) / / ry 4 Q �.�.._..`.. •• O c? � O 4� N /�� �tiO^ c` • a (' c.? r ZN N /.4 2 s �. • C, �.L�) <5 dao. % © � a d � c c'� C�j ,„, .., „.0 ("� 0 N / G G o c �t1 N Q . a .: ,-- %11)ii[. 1 .. Citi kr) iN,1,',Z N N y 0-) cY 1 r Q iLi?; s •y (S r' r / 1. MZ �! (,� • it n. CO c mJi(l App (� i i; .t -7 u� ct\ O ' `'_ Z J � / ) 0 N i 7 .' yam• t(•�� n 1) (Y t1 ca. 0Y .1\Y- N.-��,ti. ,, :.; ao aewooi�nn o 20. / m• •ti ":1-• N 3 ,sAk / S N 3 • ti S / zy ww .- ooFrl N Q.. ti ,�22 u� N M 0 0 o o Co / .) 0 r i z / i,- of N 0 N , ..__..____.-__.. . / / ... C.) /OOO r �1 V�" .f. 11�' !U '? �-,, 1'. JJJJJI \\ Exhibit A to Marana Resolution No. 2023-093 • WOOD PATEN 2051 West Northern Ave, Suite 100 Phoenix, Arizona 85021 EXHIBIT 'C' LEGAL DESCRIPTION A portion of the parcel described in Docket 12988 Page 2808 of Pima County Records within Section 35, Township 12 South, Range 12 East of the Gila and Salt River Baseline and Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at a brass cap in the centerline intersection of Cortaro Rd and Courtney Page Way from which a brass cap bears S33°30'06"W 2739.27 feet at the centerline intersection of Cortaro Rd and Silverbell Rd, being the Basis of Bearings; thence S9°08'24"E 2182.74 feet to the west boundary line of said parcel and POINT OF BEGINNING; thence S21°38'11"E 14.19 feet to the south boundary of said parcel; thence S89°28'10"W 5.03 feet to the southwest corner of said parcel; thence N0°53'44"W 13.24 feet to the POINT OF BEGINNING; containing approximately 33 square feet. , ,c, END OF DESCRIPTION rAl/R(7 33307RONALD J.'015t'? BARBALA i a� Exhibit A to Marana Resolution No. 2023-093 ;5 - t► /� J �t Lti (I, 0) \ vec: 21 9 \,,,_ ..io. , Z W,Q �,,),,,,�`� O N `.\i 7r tU� � uih \ N a 0; W33 j O op az o 0 INFO Nill � i o coo V1 V1 z N N N F- N N a O®0 z ;v0 (.00U Z 'V . CN 0 N I-r Oa C1 I CO ¢ Q CO I U ID N m Z 2F. i_ • co r. r`L',.� N V CO) O\O Na) C j .. N N � ?_di 3 4 WQ(NY _ ONO 3OQ I® '.1- °]I O` � 1 O ��_ i e Wt two• C..1OctW V�Q M 1 V11..,Q` c ao e `nr 1 ?Cj V1 p m q� O c4 w in g W /� I '0 J� Lc) Q N V Ln3 ao Q / / N O Q N d /W / lon = v.O�a vo N N�iD N~�W F- C' Lc) N z�JCtQ� Z 0 q? i' o , V1'Iao�Czv o. / 7.- !it.-A- 82 4..3o O 1 V z°b Q: \ V W \`` !6 Od-Q,I ``% tN�W~ O ` oFFs ••\ \ 4J 1C i u6WOZZO-ZZ-9ZZ\N90\A3l1N38\WOW ao.Aod SdEon ZBSIIZ\s1031.0bd\IH Exhibit A to Marana Resolution No. 2023-093 WOOD PATEL 2051 West Northern Ave, Suite 100 Phoenix, Arizona 85021 EXHIBIT `D' LEGAL DESCRIPTION A portion of the parcel described in instrument number 2017-1210051 of Pima County Records within Section 35, Township 12 South, Range 12 East of the Gila and Salt River Baseline and Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at a brass cap in the centerline intersection of Cortaro Rd and Courtney Page Way from which a brass cap bears S33°30'06"W 2739.27 feet at the centerline intersection of Cortaro Rd and Silverbell Rd, being the Basis of Bearings; thence S8°45'02"E 2252.35 feet to the northerly most point of said portion on the boundary line of said parcel and POINT OF BEGINNING; thence southeasterly 260.63 feet along said boundary line along a curve to the right with a radial bearing of S60°56'47"W, a radius of 2310.58 feet thru a central angle of 6°27'47"; thence S22°35'36"E 203.06 feet to a tangential curve to the left with a radius of 2565.33 feet; thence southeasterly 159.21 feet along said curve thru a central angle of 3°33'21"; thence departing said boundary line S21°38'11"E 75.69 feet to a non-tangential curve to the left with a radial bearing of N68°01'02"E and a radius of 1690.00 feet; thence southeasterly 673.64 feet along said curve to the left thru a central angle of 22°50'18"; thence S44°52'49"E 186.36 feet to the boundary line of said parcel; thence S22°05'21"W 32.60 feet along said boundary line; thence departing said boundary line N44°52'49"W 199.12 feet to a non-tangential curve to the right with a radial bearing of N45°10'42"E and a radius of 1720.00 feet; thence northwesterly 685.71 feet along said curve thru a central angle of 22°50'31"; thence N21°38'11"W 697.61 feet to the POINT OF BEGINNING; containing approximately 0.914 acres; f. /• i Lig✓�". A END OF DESCRIPTION ?� y0, '�'\ n 3: 307 , f RONALD J." 'i:: 1 _; BARBALA 5; A Exhibit A to Marana Resolution No 2023-093 EXHIBIT D-1 C 2'1 ST AMPED CONC 139• WLB LS 12214 '� ? R� A 1 1 INTERSECTION OF 533°3a C(fillS8°45'02"E 11 N COURTNEY CORTARO PAGE WAY 2252.35' 1 POB 1 �\ 226-27-0240 N S88°12'24"W 1855.53' / PIMA COUNTY ( // �t FLOOD CONTROL DISTRICT / �� DK 13565 PG 4259 ,,� •i • o� / S�a = Rz2310.58' 31 / � � L=06°27'47'• / a , L=260.63'c `iwt,� // �_ II ,fit; 226-27-023H I�, ,n TOM ZsIs) o SEO. 20171210051 % �� N c I�$ T12S - R12E .q.'- 10, N1 N- ••. rangy li • �• • Ct . 4.i �• �SEC 35 PIMA COUNTY �. o Qi 521°38'11"E 75.69' MATCH LINE SHEET 3 OF 3 ,t, 0 33307 9 RONALD J • BARBALA • H;\PROJECTS\211582 CRRPS Force Matn\BENTLEY\DGN\226-27-023H-SHEET-A.dgn t3, / An . PROJECT: 211582 CRRPS Force Main LOCATION: PIMA COUNTY eSi.nedV i ;FES;S; Geomatics Consulting Group SURVEY/DATE: 46J/20\405j, Eiri, 1745 W.Deer Va4e Rd.Ste 118 Ph.,A.85027 DRAWN/DATE: J DAVIS/ 7/2022 `; ;i :' 823,580.0921 _....—_. .. —. ESMT APN 226-27-023H Exhibit A to Marana Resolution No. 2,023-093 EXHIBIT "D-1" (con't) MATCH LINE SHEE 2 •F 3 • RADIAL ` • N68°01'02"E 0521°38'11"E 75.69' z0S22°05'21*W 32.60' \ 226-2/ 0240 PIMA COUNTY \ FLOOD CONTROL DISTRICT UK 13565 PG 4259 R=1690.00' NR=1720.00' A=22°50'I8" A=22°50'31" 673.64 L=685.71' L TI2S ® RI2E • SEC 35 PIMA COUNTY �� �� 226-27-023H `s�,° \ SEQ. 20171210051RADIAL N45°10' 2 E y �",9, c3' elle 4°W" 2,06''-,1°' ^ry1,V�t)�„1 O� /?”c, 33307 y9 A r RBpoARALLALA H:\PROJECTS\211582 CRRPS Force Main\BENTLEY\OGN\226-27-023H-SHEET-8.dgn Sr PROJECT: 211582 CRRPS Force Main LOCATION: PIMA COUNTY �S'•ned�7 1522„ Geomatics Consulting Group SURVEY/DATE: 4R/ haUs... ::= DRAWN/DATE: J DAVIS/ 7/2022 'ten.,e l 1745 W.Deer Valley Rd.Ste.118 Pk..,Az.85027 ��� !!i 623.580.0921 11 I.'I. •- -1 � Exhibit A to Marana Resolution No. 2023-093 WOOD PAT E L 2051 West Northern Ave, Suite 100 Phoenix, Arizona 85021 EXHIBIT 'E' LEGAL DESCRIPTION A portion of the parcel described in Docket 12167 Page 2530 of Pima County Records within Section 27, Township 12 South, Range 12 East of the Gila and Salt River Baseline and Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at a 3 inch brass cap in the center of the cul-de-sac of Plomosa PI in Parcel 4 of Continental Ranch Subdivision, Lots 1 thru 145, Common Areas A1,A2,B1,B2,D1,D2 recorded at Map Book 48, Page 82 of Pima County Records, from which a 3 inch brass cap bears S48°02'41"E 573.11 feet at the centerline intersection of Plomosa PI and Kearny Dr, being the Basis of Bearings; thence S85°29'33"E 344.58 feet to the northerly most point of said easement on the boundary line of said parcel and POINT OF BEGINNING; thence S49°09'51"E 133.96 feet along said boundary line; thence departing said boundary line S36°13'23"E 70.78 feet to the; thence S47°07'47"E 139.84 feet to the south line of said Parcel; thence along said line S13°46'44"W 32.13 feet; thence departing said line N49°29'14"W 46.74 feet; thence N47°07'47"W 111.63 feet; thence N36°13'23"W 204.20 feet to the POINT OF BEGINNING; containing approximately 0.197 acres; /#0, - END OF DESCRIPTION •33307 RONALD J. BARBALA ,4. Fvhi1--i+ A to Xnarana RAenliitinn NTn 91-191-flQ EXHIBIT "E-1" fr ot%ed. TEP ESMT DK 8329 PG 1590 44:090 4� COMMON AREA "B2" / El / j ?shy SMP BK. 48 PG. 82 / 60 / �OpQ os\ / 5 9 Q� on q C�`S` / 9/ tij O Op 58 �9 'Qp�G�,Tv� ‹R ---a \ _ J:I: '33ZZInv• 58- -- ------ .76 'Q/ o� • / 0 0 .-- -?.V .` / I�� opto 4� •`. ` 55 ,,�,•� M ulliN `,s p�` 54 \f;)c0 z o.) �0c3' Sq,off\ \ \ 53 ����,� PARCEL 4 ,< /52 -� � CONTINENTAL RANCH .?' ` MP BK. 48 PG. 82 ��. 51 o Isk, .`. �` 50 ,5 :�d Q S49°09'51"E 133.96' 0 S36°13'23"E 70.78' :::„....... .� -0 547°07'47"E 139.84' 3" BCSM /N \I 49 ' QQ 513°46'44"W 32.13' CONC w/PUNCH 0 N49°29'14"W 46.74' 0 N47°07'47"W 111.63' 0 N36°13'23"W 204.20' N o i .N. ce W TI2S * TI2E 11 I ' ', �+ eqT SEC 27 , � 30D ti PIMA COUNTY ►`' RONAJ. BARBALA r� H:\PROJECTS\211582 CRRPS Force Motr\BENTLEY\DON\226-30-4150.dgn `dX /. • PROJECT: 211582 CRRPS Force Main LOCATION: PIMA COUNTY es•. ed ,-',- igly . Geomatics Consulting Group SURVEY/DATE: 4Rizaik OSA ;;;�,,,�,3 1745 W Deer Valley Rd.Ste.118 Phx. Az 85027 DRAWN/DATE: J DAVIS/ 4/2023 623.580.0921 _. ESMT APN 226-30-4150 Exhibit A to Marana Resolution No. 2023-093 EXHIBIT F ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 2088187 Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: NOTE: Exceptions 1 through 9, inclusive and as shown below, will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Homeowner's Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form versions thereof. However, the same or similar exception may be made in Schedule B of those policies in conformity with Schedule B, Part Two of this Commitment. 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 3. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 4. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water. 8. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 9. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. This page is only a part of a 2021 ALTAR'Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B, Part I-Requirements;and Schedule B, Part II-Exceptions;and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. IMIMMI prohibited. Reprinted under license from the American Land Title Association. AMERICAN All other uses are P LAND TITLE File No.:2088187 ASsocIATI ON ALTA Commitment for Title Insurance Schedule BII(07-01-2021) Exhibit A to Marana Resolution No. 2023-093 ALTA COMMITMENT FOR TITLE INSURANCE (07'01'2021) SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 10. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the land together with all rights, privileges and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 11. Rights of parties in possession. 12. Taxes and assessments collectible by the County Treasurer, not yet due and payable for the year 2023. 13. Any action by the County Assessor and/or Treasurer, altering the current or prior tax assessment, subsequent to the date of the Policy of Title Insurance. 14. Water righto, claims or title to water, and mgveementa, nnvenanto, conditions or rights incident theratm, whether or not shown by the public records. 15. Reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 16. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 17. Liabilities and obligations imposed upon said land by reason of its inclusion within any district formed pursuant to Title 48 Arizona Revised Statutes. 18. Any easements or rights of way not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land, 19. Easements, restrictions, reservations and conditions as set forth on the recorded plat of said subdivisions in Book 48 of Maps and Plats at paqe 82 and in Book 50 of Mans and Plats at aqe 11 and corrected by Declaration of Scrivener's Error recorded inDocket 1OGS4etpage 1g32. 20. LIABILITIES AND OBLIGATIONS imposed upon said land by reason of its inclusion within the following named District: Cortaro-Marana Irrigation District Cortaro Waer Users Association District Pima County Flood Control District Northwest Fire District Town of Marana General Plan Continental Ranch Specific Plan 21. THE RIGHTS of the United States of America, the State of Arizona, and/or the public to any portion of the within property lying within the bed, of former bed, of the Santa Cruz River. 22. Any private rights or easements within the road, street or alley abandoned by Resolution or Ordinances. This pais only a pad of a 2021 ALTAI' Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions:Schedule A;Schedule B, Part/ Requirements;and Schedule B, Pad II-Exceptions;and a countersignature by the Company or its issuing agent that may be in electronic form Copyright 2021 American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Allvmoruoe�^m pprohiprohibited.�� Reprinted underc�n^n from the�mm,|run Land Title�ssn"ionvn� AMERICAN LAND TITLE File No.:2088187 ASsociAl ION ALTA Commitment for Title Insurance Schedule BlI(07-01-2021) _��� Exhibit A to Marana Resolution No. 2023-093 ALTA COMMITMENT FOR TITLE INSURANCE (07^01'2021) SCHEDULE B PART II ISSUED BY STEVVARTT|TLE GUARANTY COMPANY 23. Established and\or existing roads, roadways, rights of way, streets or highways with particular reference to Mamie Kai Road. 24. Water line as disclosed on the recorded plat of Parcels 56, 57 and 72 of Continental Ranch said subdivision recorded in Book 60 of Maps and Plats at page 16. 25. Matters shown on survey recorded and in Sequence No. 2017-0380340 26. Easement for communication facilities and rights incident thereto, as set forth in instrument recorded in Book 103 of Miscellaneous Records, page 225; Partial Release in Docket 10957, page 843 27. Any matters arising from the reservation of all underground percolating waters in Cortaro Water Users Association, as set forth in instrument recorded in Book 314 of Deeds at Page 445, except such water as may be used by owners and inhabitants for domestic purposes as set forth therein. Further excepting liabilities and obligations imposed upon said land by reason of its inclusion within the Cortaro Water Users Association. 28. RIGHTS OF CORTARO-MARANA IRRIGATION DISTRICT to secure additional land on each side of their Right of Way and easements as may be necessary for the proper maintenance of canals, laterals and ditches as set forth in instrument recorded in Book 107 of Miscellaneous Records, ae 151. 29. Terms and conditions of that certain Drainage-way Easement and rights incident thereto, as set forth in Docket 999 at page 471. 30. Roadway easement and license to remove minerals and other matters as set forth in Docket 1989, page 341. 31. Terms and conditions of License Agreement in Docket 2443, page 189. 32. Terms, Conditions, Liabilities, and Obligations as set forth in Joint Resolution by Cortaro-Marana Irrigation District and Cortaro Water User's Association recorded in Docket 5GTOmtpage GO3. 33. Easement for sewer and utilities, and rights incident thereto, as set forth in instrument recorded in Docket 6733 at page 793. 34. Terms, conditions, restrictions, easements, liabilities and/or obligations arising by reason of Resolution No. 1986- 131 recorded in Docket 7830, page 886. 35. Terma, oondiUonu, covenantn, restrictions, easements, liabilities and obligations as set forth in Master Sewer Agreement recorded in Docket 8054, page 2344; Assignment and Assumption Agreement recorded in Docket 9426 at page 826 and re-recorded in Docket 9501 at page 1627 and in Docket 10233odpage 25GS: Public Sewer Encroachment Agreement in Sequence No. 20120100147. 36. Termo, oondihonu, ranhiotiona, eauemonta, liabilities and/or obligations arising by reason of Grant of Easement recorded in Docket 8329, page 1590. 37. Easement for electric utility lines, and rights incident thereto, as set forth in instrument recorded in Docket 8364 at page 1184. This page is only a part of a 2021 ALTA''' Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I Requirements;and Schedule B, Part II-Exceptions, and a countersignature by the Company or its issuing agent that maybe in electronic form. copyright 2021 American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. m � m|vm=uses are pmmmteox= Reprinted under license the Land Title Association.iun� �eTIT:1, File No.:2088187 ks^"".^" ~ ALTA Commitment for Title Insurance Schedule an(07'01'2021) ~�0�= Exhibit A to Marana Resolution No. 2023-093 ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 38. Easement for public utility, and rights incident thereto, as set forth in instrument recorded in Docket 8338, paqe 1228. 39. Provisions within Resolution No. 1989-35 re: Santa Cruz Bank Protection recorded in Docket 8490, page 819 and Resolution No. 1O80'24recorded inDocket 8724. page 1350. 40. CERTIFICATE of Grandfathered Groundwater Right recorded in Docket 9863 at page 467. 41. TOWN OF MARANA General Plan recorded in Docket 10529 at paqe 1892. 42. Terms and conditions of Easement Agreement in Docket 10647, pacie 424. 43. Terms, conditions, restrictions, easements, liabilities and/or obligations arising by reason of Agreement for Water Service recorded in Docket 10945, Page 1021. 44. Easement for sewer lines and rights incident thereto, as set forth in instrument recorded in Docket 11046, paqe 377 45. Terms, conditions, restrictions, easements, liabilities and/or obligations arising by reason of Linear Park Agreement recorded inDocket 11376. page 87 46. Reservations as contained in Deed recorded in Docket 11411, pacie 1616. 47. Provisions within Ordinance No. 9403 recorded in Docket 11441, page 634. 48. Easement for sewer lines and rights incident thereto, as set forth in instrument recorded in Docket 11513, paqe 856. 49. Renhichonu, Condihono, Covunantn, Reservations, Liabilities and ObUgadono, including but not limited to any recitals creating 000mmonta, party walls or assessments, omi#ing, if any, from the above, any restrictions based on race, oo|or, na|igion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 11S1S. page 4g23and re-recorded inDocket 11S2G. page S22S; Homeowners Association Notice recorded in Docket 13261, aqe 785. 50. Terms, conditions, covenants, restrictions, easements, liabilities and obligations as set forth in Development Agreement inDocket 122O1. page 4D73; Amended inDocket 13837. page S48; inDocket 12413. page 3587; Ordinance No. 2OU4'2OinDocket 12413. page 3557. 51. Provisions within N1onanoOrdinance No. 2O03'32recorded inDocket 12201. page 4187. 52. The effect if any of Easement for utilities and rights incident thereto, as set forth in instrument recorded in Docket 12SS4. page 2G3. 53. Easement for water pipe lines and rights incident thereto, as set forth in instrument recorded in Docket 12928, paqe 2217. 54. Provisions within Ordinance No. 2006-37 recorded in Docket 12956, page 1642. This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue ro/my;mccommitmontconuxmnx;ocoeuule A;Schedule B, Part I Requirements;and Schedule B, Part II-Exceptions;and a countersignature by the Company or its issuing agent that maybe in electronic form. Copyright 2021 American Land Title Association. Aon hts reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibitedReprinted under license from the American Land Title Association LAND TITLE File No.:2088187 sSOC:°iaN ALTA Commitment for Title Insurance Schedule 811(07'01'2021) �C�� Exhibit A to Marana Resolution No. 2023-093 ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 55. LICENSE Agreement between Pima County Flood Control District, and the Town of Marana recorded October 21, 2OO8inDocket 13417. Dade 171. 56. Easement for temporary construction, and rights incident thereto, as set forth in instrument recorded in Docket 13434. paqe 759. 57. Declaration of Restrictive Covenants (Town of Marana/Active Mitigation Area) recorded in Docket 13744 at paqe 893. 58. Matters shown on survey recorded in Sequence No, 20122080234 of Records of Survey. 59. Terms, conditions, easements, liabilities and/or obligations arising by reason of Public Sewer Easement Encroachment Agreement recorded in Sequence No. 20120100147. 60. Terms, conditions, restrictions, easements, liabilities and/or obligations arising by reason of Pima County Land Use License recorded in Sequence No. 2013-0140313. 61. Terms, conditions, restrictions, easements, liabilities and/or obligations arising by reason of Wastewater Conveyance System Components recoded in Sequence No. 20131780462. 62. Provisions within Marana Resolution No. 2015-018 recorded in Sequence No. 20150750082. 63. Matters as disclosed in surveys recorded in Book 72 of Record of Survey. page 71 and Sequence No. 20170380349. 64. Failure of the Pima County Recorder's Office to disclose a deed to the grantor in Sequence No.20171210051. 65. Terms, conditions, easements, liabilities and/or obligations arising by reason of Agreement for Outgrant for Transmission Line Purposes recorded in Sequence No. 20222290477. 66. Any adverse claim based upon the assertion that: a)Some portion of said land has been created by artificial means or has accreted to such portion so created; b)Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the Santa Cruz River, or has been formed by accretion to any such portion: c)Some portion of said land has been removed by erosion or by an avulsive movement of the Santa Cruz River; d)Said land or any part thereof is now or at any time has been below the high watermarks of the Santa Cruz River, in the event the boundary of said river has been artificially raised or is now or at any time has been below the high watennark, if said river is in its natural state; conveyed This page is only a part of a 2021 ALTAr Commitment for Title Insurance, This Commitment is not valid without the Notice;the Commitment to Issue Policy:the Commitment Conditions;Schedule A;Schedule B, Part I Requirements;and Schedule B, Part II-Exceptions;and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. .1111.1111n AMERICAN ~~ All othermm uses are p,nReprintednen, �rn under license fromTitle the�me,/oan Land Association. LAND TIE° File No.:2088187 ^""""°""" ALTA Commitment for Title Insurance Schedule m|(07'01z021) _��� Exhibit A to Marana Resolution No. 2023-093 EXHIBIT "G" Wells & Water Rights Seller's Questionnaire NO WELLS OR WATER RIGHTS 1 Exhibit A to Marana Resolution No. 2023-093 EXHIBIT "H" Seller Disclosure of Underground Improvements NO UNDERGROUND IMPROVEMENTS 1 Exhibit A to Marana Resolution No. 2023-093 EXHIBIT I PUBLIC SEWER EASEMENT CSI ' For valuable consideration,Town of Marana,an Arizona municipal corporation,"Gr to ' oes hereby grant to Pima County, a political subdivision of the State of Arizona, "County", e anent easement (the "Easement") for the construction, installation, maintenance, repair, o atio , replacement and removal of sewer lines,manholes and appurtenances(collectively,"Faciliti ' •' er,under and across the real property described on the attached Exhibits A, B, C, D & picted on the attached Exhibits A-1,B-1,C-1,D-1 & E-1 (the "Property"). Grantor may use the Property for any purpose consistent with .4-xer ise of the Easement by County. Grantor agrees to maintain the Easement free of any obstruct.�. ' croachments at all times,that would block or impede County from driving large sewer ma* MID• vehicles along this Easement to the County Facilities or from constructing, installing, am ping, repairing, operating or removing the Facilities. County may, without notice and without prio ' itli ion of any suit or proceeding at law, remove any obstruction or encroachment from the Pro•- .•i .t blocks or impedes County's vehicular access to its Facilities or limits County's ability to consuc maintain, repair, service, replace and remove County's Facilities. Should the removal of ob t ctions or encroachments from the Property be necessary to obtain adequate vehicular access or t con ct, maintain, repair, service, replace and remove County's Facilities, Grantor shall reimb s o my for all associated removal activities. County may, without no l - without prior institution of any suit or proceeding at law, enter on the Property at any tim or t- purpose of construction, maintenance, repair, service, replacement and removal of any C n Facilities. Following any use of the Property for the above purposes, County will reasonabl s e e Property to its general condition existing prior to County's use provided, however, C i not replace, repair, or restore obstructions or encroachments nor shall County reimburs- for losses associated with damage or removal of the obstructions or encroachments. This . e .en and the covenants, terms, and conditions contained herein are intended to and shall run wit . ' t serty and shall be binding upon County and Grantor and their respective successors, heirs, a • . i_ s. Grantor warrants that Grantor has good title to the Property and warrants the County title to a quiet enjoyment of the Easement. Upon execution,the Easement shall be recorded with the Pima County,Arizona,Recorder's Office.The grants,covenants and provisions herein shall be binding on and inure to the benefit of the heirs, successors and assigns of the parties hereto. Agent: DH File No.: Acq-0836 S21,27&35/Tl2S/Rl2E P[X] De [ ] Do [ ] E [ ] Iiasc i etit-Sewer-09/2021 Exhibit A to Marana Resolution No. 2023-093 The landscaping within all public sewer easements shall be in accordance with the current guidelines of Pima County Regional Wastewater Reclamation Department Engineering Design Standards. THIS EASEMENT granted this day of , 2023. §13 TOWN OF MARANA, an Arizona n corporation By: Title: STATE OF ARIZONA ) O ) § COUNTY OF PIMA ) This instrument was acknowledged b 13 this day of , 2023, by as of Town of Marana. I (1)4 Notary Public (tic<<I 1 Agent: DH File No.: Acq-0836 S21,27& 35/Tl2S/RI2E P [X] De [ ] Do [ ] E [ Basement-Sewer-09/202