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HomeMy WebLinkAboutResolution 2004-086 development agreement relating to sky ranchMARANA RESOLUTION NO. 2004-86 RELATING TO DEVELOPMENT; APPROVING AND AUTHOR/ZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH EXETER LXI, LLC, REGARDING THE SKY RANCH DEVELOPMENT PROJECT. WHEREAS, the Sky Ranch Specific Plan was adopted on October 2, 2001, as Ordinance No. 1001.14; and WHEREAS, the Sky Ranch preliminary block plat was approved on August 19, 2003, by Resolution No. 2003-90; and WHEREAS, the Sky Ranch habitat conservation plan and associated incidental take permit was issued by the Department of the Interior, U. S. Fish and Wildlife Service; on January 30, 2004; and WHEREAS, the Town of Marana and the developer of the Sky Ranch development project have negotiated a development agreement to facilitate the development of the Sky Ranch project in a manner consistent with the Sky Ranch Specific Plan, the Sky Ranch preliminary block plat, and the Sky Ranch habitat conservation plan and incidental take permit; and WHEREAS, the Mayor and Council find that the terms and conditions of the Sky Ranch Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Mayor and Council of the Town of Marana hereby approve and authorize the execution of the Sky Ranch Development Agreement with Exeter LXI, LLC, relating to the Sky Ranch development project. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Sky Ranch Development Agreement attached hereto as Exhibit A and incorporated herein by this reference, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. RSO 040615 Skyranch DA #2004-86. doc 040608 FdC/cds PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: APPROVED AS TO FORM: ~Po~r~r%~ ~ ..,,,,,,,,,.. RSO 040615 Skyranch DA #2004-86.doc 2 040608 FJC/cds Exhibit A SKY RANCH DEVELOPMENT AGREEMENT MARANA, ARIZONA THIS DEV~LOPlvmh,-r AoRE~/vmm- ("this Agreement") is made by and between the Town oF ~x, an Arizona municipal corporation (the "Town") and EXETER LXI, LLC, an Arizona linfited liability company (the" ,, referred to in this Developer ). The Town and the Developer are collectively the "Party." Agreement as the "Parties," and who are sometimes individually referred to as A. The Developer is the owner of approx./mately 515 acres land located in the Town l/mits, as depicted on the map attached as Exhibit "A' and legally described on Exhibit "B" (the "Property"). B. The following are among the development regulations that now apply to the Property: i) The conditions of the Sky Ranch Specific Plan adopted as Ordinance No. 2001.14 on October 2, 2001 (the "Specific P/an"). ii) Conditions of the Developer's preliminary block plat (the "Preliminary Plat"), approved August 19, 2003, by Resolution No. 2003-90. iii) The Marana Development Code (including the written roles, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staf0 (collectively the "Marana Development Code"), establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, commercial and recreation/open space opportunities. iv) The Sky Ranch Habitat Conservation Plan (the "Sky Ranch ItCP") and associated Incidental Take Permit issued by the Department Of the Interior, U. S. Fish and Wildlife Service, dated January 30, 2004. (Together, the Sky Ranch HCP and the Incidental Take Permit are referred to as the "Sky Ranch HCP and Permit".) C. The Developer and the Town desire that the Property be developed in a manner consistent with the development regulations that now apply to the Property, ns amplified and supplemented by this Agreement. D. The Developer intends to develop and improve the property into an environmentally sensitive single family residential subdivision with private streets, and a children's desert education center. E. The Town and the Developer aelmowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. F. The Developer has made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. A GT 040615 Sky Ranch Dtt. doc 6/8/2004 10:,t8.434'FJC G. The Parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. H. This Agreement is consistent with the portions of the Town's General Plan applicable to the Property. ~4 GREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development Plans. 1.1. Develo merit Review. The Property shall be developed in a manner consistent with the development regulations that now apply to the Property and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the development regulations that now apply to the Property, the Town agrees to issue such permits or approvals for the Property as may be requested by the Developer. 1.2. Zoning and Plat Conditions~ The Developer agrees to fulfill all conditions outlined in the development regulations that now apply to the Property. 1.3. Archacological/I-Iistoric Resources Development of thc Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to Archeological and Historic Resources. 1.4. Site Built Construction and Building Permits. All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. Article 2. Environmental Protection. 2.1. Habitat Conservation Plan ("HCP"). The Property will be developed in accordance with the Sky Ranch HCP, the terms of which shall have priority over this Agreement in the event ora conflict. Under the HCP, at least 80% of the Property shall remain in its natural state and condition. The Reserve Management Entity ("RME") under the HCP shall be an organization designated by Developer as allowed under the HCP which shall be a neutral steward of the natural open space under the HCP. The Town shall permit the Developer to take all actions required under or referable from the HCP to implement the same. Developer shall have all rights to develop and improve the Property as set forth in the HCP. The Town shall cooperate with Developer and the RME in connection with the use or improvement of any public easements within the natural open space or common areas of the Property. 2.2. Protection of Open Space During Construction. The Developer shall provide construction fencing to protect all natural areas or other areas in their natural state as set forth in the HCP. In no event will Developer disturb more than 20% of the Property, including areas for emergency access, easements, roadways, and drainage ways. Developer shall comply with all Town grading requirements unless permitted otherwise herein. Article 3. On-Site Infrastructure. 3.1. Roadway Improvements: The Developer shall construct intersection improvements acceptable to the Town and consistent with the approved Traffic Impact Analysis, and approved A GT 040615 Sky Ranch DA.doc 6/10/2004 l O.'26 A. M FJC -2- construction improvement plans for the Property at all local driveway intersections with Thomydale Road and Camino de Manana, as well as improvements to the intersection of Camino de Manana and Tangerine Road. These improvements shall be completed prior to the engineering warrants for these improvements being met. Once engineering warrants are met, no ftt~er building permits will be issued until such time as the required improvements are complete, and accepted by the Town. 3.2. Fire Protection. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district. 3.3. School [.and. In lieu of the dedication of land for public school use, Developer shall contribute a School Improvement Contribution Fee of $1,200 per residential lot, payable to the Marana Unified School District. The School Improvement Contribution Fee shall be due and payable at the issuance of the building permit for each residential unit. 3.4. Regional Public Park/Trail System. The Developer shall dedicate the land shown as parcel A on the preliminary plat to the Town at no cost for the construction and development ora children's desert educational center which shall be open to the public at large. The purpose of the children's desert educational center shall be to educate children about the Sonoran Desert habitat. The Developer shall contribute $1,000.00 per residential unit into an interest-bearing escrow account established with a title company in Pima County, Arizona, acceptable to both the Town and the Developer which shall be used for the construction and development of the children's desert educational center. The Developer shall pay any escrow fees. If the funds deposited into the escrow account are not sufficient to cover the cost to construct the children's desert educational center, the Developer shall pay into the escrow account any shortfall; provided, however, that in no event shall the Developer's obligations with respect to any shortfall exceed $250,000. If for any reason the construction of the children's desert educational center does not begin within three years after the effective date of this Agreement, all funds in the escrow account shall be transferred to the Town. Article 4. Cooperation and Alternative Dispute Resolution. 4.1..Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Development Services Administrator, and the initial representative for the Developer shall be Tim Ensign or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 4.2. _Timing. The Town acknowledges the necessity for prompt review by the.Town of all plans and other materials (the "Submitted Materials") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3. Defanlt; Remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "N ' ,, on-Defaulting Party ) A GT 040615 Sky Ranch DA.doc -3- 6/10/2004 10.' 2 6 AM FJC shall be entitled to give written notice in the manner prescribed in paragraph 7.1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non-monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within, the applicable time period set forth in this paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 4.4 and 4.5 below. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 4.4. Mediation. If there is a dispute under tkis Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 4.5. _Arbitration. After mediation any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 5. Protected Development Rights To establish legally protected rights for the development of the Property in a manner consistent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable certainty, stability find fairness to the Developer and the Town over the term of this Agreement, the Developer and the Town agree that the development regulations that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the execution of this Agreement without the agreement of the Developer. A GT 040615 Sky Ranch DA.doc -4- 6/10/2004 l O.'26 AM FJC Article 6. Future Impact Fees If the Town adopts an impact fee for the same infrastructure for which Developer has contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit for such contributions as set forth in A.R.S. § 9-463.05. Article 7. Notices and F/lings. 7.1. Manner of Serving All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To the Developer: Exeter LXI, LLC c/o Stellar Homes Att: Scott Stiteler 5215 N. Sabino Canyon Road #100 Tucson, Arizona 85750 With a Copy to: Lawrence S. Rollin, Esq. Chandler, Tullar, Udall & Redhair, LLP 33 N. Stone Ave. #2100 Tucson, Arizona 85701 Article 8. General Terms and Conditions. 8.1. _Term This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. The Developer shall be entitled to terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 8.2..Waiver. No delay in exercising any fight or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of ,4GT 040615 Sky Ranch D,4.doc -5- 6/10/2004 lO.'26.4MFJC this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. 8.4. ~. This Agreement ma,/be executed in two or more counterparts, each of .which shall be deemed an original, but all 'of which together shall constitute one and the same ~nstrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.5.. Headin s and Recitals. The descriptive headings of this Agreement are inserted for convemence only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 8.6. ~xhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8.7. Further Acts. Each of the Parties shall ' execute and dehver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 8.8. Future Effect. 8.8.1. Time Essence and Successors. Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal, representative of the Parties, except as provided in paragraph 8.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's fights under this Agreement may only be assigned by a written instrument, agreed to by all of the Parties and recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Developer under this Agreement shall be binding upon anyone owning any fight, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. The Town understands that the Developer may create one or more entities or subsidiaries wholly owned or controlled by the Developer for purposes of carrying out the development of the Property as contemplated in this Agreement, and the Town's consent to the Developer's assigament of its fights under this Agreement to such entities or subsidiaries shall not be withheld. In the event of a complete assignment by Developer of all fights and obligations of Developer under this Agreement, Developer's liability under this Agreement shall terminate effective upon the assumption of those liabilities by Developer's assignee, provided that the Town has approved the assignment to such assignee, which approval shall not unreasonably be withheld. 8.8.2. Term/nation Upon Sale to Public It is the intention of the Patties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land, unless specifically noted above. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or AGT 040615 Sky Ranch DA.doc -6- 6/10/200~ instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.9. _No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 8.10. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.11. _I~rnl~osition of Duty by Law. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 8.12. ~. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 8.13. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 8.14. Names and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.15. Good Standing~ Authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 8.16. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to penuit the Town to AGT 040615 Sky Ranch DA.doc -7- 6/10/2004 l O.'2 6.4M' FJC act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 8.17. ~. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 4.5, requiring disputes to be resolved by binding arbitration. 8.18..Interpretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 8.19. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after its has been executed by the Town and the Developer. 8.20. _No Developer Representations Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 8.21. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.22. Force. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force ma' " ~Jeure, then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. orce majeure, as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; dots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.23. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. .d GT 040615 Sky Ranch DA.doc -8- 6/10/2004 J O.'26.4gd' FJC IN WITNEss WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE Town OF MARANA, an Arizona municipal corporation By: ~ Bobby S~o~, Jr/Mayor ! / ATTEST: STATE OF ARIZONA ) SS County of Pima ) DEVELOPER: EXETER LXI, LLC, an Arizona limited liability company By: /ES Development, Inc., an Arizona corporation, managing member By: Doughs ~teler, %ce President Date: The foregoing instrument was acknowledged before me on I()~ I0, ~.00([ by Douglas Stiteler, Vice President of/ES Development, Inc., an Arizon~-~orporation, managing member of Exeter LXI, LLC, an Arizona limited liability company, on behalf of the LLC. My commission expires: ,4 GT 040615 Sky Ranch DA.doc -9- 6/10/2004 lO.'26AMFJC Exhibit A UNSUBDIVIDED TANG~ERINE ROAO THIS PROJECT (MARANA) TANGERINE CROSSING M~P 49/II MARANA ........................... .~UNSUBDIVlDED PI~,IA COUNTY .~" = I MILE LOCATION PLAN SECTION 6, T12S, R1JE, G&SRB&M, TOWN OF MARANA, P/MA COUNTY, ARIZONA Exhibit B (! of 2) PARCEL l: ; Thc West 660 feet of the South 400 feet of Lot 2, $~ctjon 6, Township 12 South, l~ 13 E~st, of thc Gila a~d Salt River Base and Meridian, l~ima County, Arizona; EXCEPT the South 30 feet and the West 30 feet thereof. PAI~CEL 2: All of that poztion of the East 600 feet of Lot 3, Section 6, Tow~eh¥ 12 SoutlL Range 13 East, Gila and Salt River Base and Meddi.a~ Pima County, .arizona, Lying l'lm'thwesterly a~d adjoining the Northwesterly Right of Way of Caln. ino De ~,,~ as rccordcd ia the office of thc Pima County Recorder of Pims County, Arizona in Book 2 OF Road Maps, at Pages 1 through 4, EXCEPTINO any portion of said East 600 feet lying in Tangerine Road recorded in the office of a th~ Pima County Recorder of Book 7 of Road Maps, Page 83. PARCEL 3: The East 600 feet of Lot 3, Sectiun 6, Townslgp 12 Soutl~, Range 13 l~ast, of the Gila and §alt River Base and IVleddian, Pima Cotmty, Arizona; EXCEPT the North $0 feet, the East 30 feet and the South 30 feet; and F. XCEPT that po~_'_ _~,~_ tyiag Northwesterl7 of the $omheas~ly rlglg-of-way linc of El Camino de MM,-,. as shown in Booll: 2 of Road Maps, Page I, reccads ofPima COlulIy, Arizona. PARCEL 4: Those p.arts of Section 6, Tow~l~ip 12 South, Range 1t P..ast, of tho Gila and Salt River Bas~ and Meridian, p;ms County, Al'izona, descn'oed as fellow~; ~c Southeast quar~r, Thc South half of the lqortheast quartc:; Thc East half of the Southwest quarte~, Tho Routheast quarter of the Northwest qtmrter, Lots 4,26 and "/; Lot 3, EXCEPT the Ea~t 600 foot of said Lot 3; The South 30 feet and thc Bast 30 feet of the East 600 feet of Lot 3 and Exhibit B (2 of 2) the South 30 feet ofLots I and 2 md the West 30 feet of Lot 2; EXCEPTINO THE~)M the East 30 feet lying withill Thomydele Road as established by Resolution zecorded in Doch, t 1064. Pag~ 205-208; AND EXCEPTING THEREFROM the North 50 feet lying within Tangerine Road as shown by Map on fil~ in Book 7 of Road Maps, Page gE; and ALSO EXCEPTINO TttF. REFROM any portion lying wi~in C~rnlno de Manana Road No. 220 as shown by Map on file in Book 2 of Road Map~, Page 1; and FURTHER EXCEPTINO THERF, FROM that portion m set forth in Final Order of Condemnation reeorded Jun~ 30, 1994 in Docket 9~2-~, Page 1165, described as follows: CO~CINO at tho South quarter;corner of aaid Sccgon 6; THENCE North 00 degrees 06 minutes 46 seconds West measured(lqorth 00 dcgrce$ 07 minutes 56 seconds West rcconi), aloag tho West Uae ~fthe Bast half on the quarter So. ion llne of said Section 6, a distance of 660.66 f~et to a point;, THENCE Not~h 89 de~rees 48 minutes 29 aeconds East, 2609.20 feet measured (2,609.38 feet record) to a point ~0.00 feet West of the East line of Section 6; THENCE North 00 degrees 14 minutes ~2 seconds West, 1,979.04 feet rneastu~d (North 00 dsgreeS 13 minutes 43 seconds West, !,979.09 feet [ecord) along a liue parallel with and being 30.00 feet West of the Hast line of the Stmtheast quarto' of Section 6; THENCE No~h 00 degrees 11 minutes 44 seconds West, 1349.02 feet measu~d (North 00 degr~$10 minut~ Sg su0onds We,~ 1,34K95 feat r~x~cl) alor~ a line parall~l with and bein~ 30.00 feet West of gila Fast Rue ofthn ]Northeast quarter of Se~ion 6; TRBNCE South 8[ degree, s 52 minutes 13 seconds West, 780.00 feet measmed~outh 89 degrees 53 ,-~,,utes iX} seeonds West, 780.00 feet zecold) along a line parallel with and b~ing 30.00 feet North of the South line of Lot 1, to the TRUE POINT OF BEGINNING; THENCE continuing Soufl189 degrees 52 minutes 13 s~conds Wc~ 400:00 feet measurcd (South 89 dekuees 53 minutes 00 seconds West, 400.00 fcct record) to a poin~ TB~EIqCE South 00 degrees 11 ,~i~nteS 44 seconds East, 600.00 f~t mcasurcd (South 00 degrees 10 minutes 58 seconds East, 600.00 feet record) to apoint; . TH]gNC~ North 89 degrees 52 minutes I$ ~eeonds F. ut, 400.00 feet measured CNorth 89 deg..es 53 minutes 00 seconds Fast, 400.00 feet record) to a point; THENCE Nort~ 00 degrees 11 ,V. ;,,u~s 44 seconds West, 600.00 f~"t measured (North 00 degrees 10 ,,,;m,~es 58 seconds West, 600.00 feet ~ to thc TRUE POINT OF ]3EGINNINO.