HomeMy WebLinkAbout2022 08.15 City Council Work Session Agenda PQ Pc HE✓�ti
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Home of the Superstition Mountains
MEMORANDUM TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
FROM: Liz Langenbach, Parks and Recreation Director
DATE: July 20, 2022
SUBJECT: Dedication of Prospector Park Softball Complex to
former director Jeff Bell
Jeff Bell was the first director of the parks and recreation department and served the community
for 35 years before retiring in 2016. He passed away in recent years and the department has
been working closely with his family to find a meaningful way to publicly recognize the lifetime
achievements and contributions of Mr. Bell.
P&R Commission recently considered dedicating the Prospector Park softball complex in
memory of Jeff and voted unanimously to forward their recommendation to the city council. Per
our naming and dedication policy, this topic will be brought to the council in an upcoming work
session for discussion and eventual consideration. The unveiling of the dedication monument
will take place this fall and will be accompanied by a public celebration.
Staff will be sharing the naming/dedication policy at an upcoming meeting prior to council's vote
on the item. We appreciate your consideration.
300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•PHONE(480)983-2181•FAX(480)982-2438•TDD(480)983-0095
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RESOLUTION NO. 13-12
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND
FXCILITIES NAMING/DEDICATION POLICY.
WHEREAS, on or about May 3, 1988, the Apache Junction Parks
and Recreation Commission recommended to the Mayor and City
Council adoption of the "City of Apache Junction Community
Services Department Facility Operating and Procedures Manual"
(the "Policy") ; and
WHEREAS, on or about May 11, 1988, pursuant to Resolution
No. 88-02 the Mayor and City Council voted to approve the
recommendation; and
WHEREAS, the Policy, contains a "Naming of Parks" section,
among other provisions; and
WHEREAS, on or about October 1, 2012, the Parks and
Recreation Commission recommended to the Mayor and City Council
amendments to the Policy (the "Amended Policy" ) ; and
WHEREAS, the amendments are entitled "Parks, Areas and
Facilities Naming/Dedication Policy" , the stated purpose of
which is to establish a systematic and consistent approach for
the official naming and dedication of parks, recreation areas
and facilities; and
WHEREAS, certain changes came about due to citizen interest
in establishing a means to acknowledge individuals or groups
supporting the park system; and
WHEREAS, the Amended Policy includes a provision that sets
forth a "Dedication Criteria" , which is intended to recognize
and honor individuals or groups contributing to the park system
and may be dedicated in memory, or honor of individuals or
groups.
WHEREAS, dedications are accomplished by placement of a
plaque at a facility describing how the individual or croup
supported the parks and recreation program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
RESOLUTION NO. 13-12
PAGE 1 OF 2
I
11 The attached Parks, Areas and Facilities Naming/Dedication
Policy be adopted.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF MAY _, 2013 .
SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY 2013 .
,^
� J N S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-12
PAGE 2 OF 2
PARKS, AREAS AND FACILITIES NAMING/DEDICATION
POLICY
PURPOSE:The purpose of this policy is to establish a systematic and consistent approach for the official
naming and dedication of parks, recreation areas and facilities.
OBJECTIVES: Ensure that parks, recreational areas and facilities are easily identified and located. Ensure
that names and dedications are consistent with the value and character of the area or neighborhood
served. Encourage public participation in the naming, renaming and dedication of parks, recreation
areas and facilities. Encourage the dedication of lands,facilities, or donations by individuals and/or
groups.
DEFINITION: Parks, recreation areas and facilities—means and includes all city parks,trails, swimming
pools, buildings, playgrounds, skate parks and/or any other public property under management and
control of the Parks and Recreation Department,owned or leased by the city for the public benefit.
RESPONSIBILITY: It is the responsibiiity of the Parks and Recreation Director to ensure the parks,
recreation areas and facilities naming and dedication process takes place in compliance with the intent
of this policy.
NAMING CRITERIA: The policy of the Parks and Recreation Department is to name parks, recreation
areas and facilities through an adopted process utilizing established criteria emphasizing community
values and character, local history, geography and the environment. Naming may also be based on a
financial contribution made by an individual,family or group.
1. Acceptable criteria for names of parks, recreation areas and facilities are as follows:
A. The proposed name describes the geographical area where the facility is located.
B. The proposed name describes something specifically unique to the Apache Junction area
(flora, fauna,geology, historical or cultural descriptive termino!ogy).
C. The proposed name acknowledges significant financial support received from individuals or
groups that pays for or donates park land,donates an amount that would provide for 51%
or more of the parks development, and/or donates an amount that would cover the on-
going operating and maintenance needs of the park.The value of volunteer time does not
apply to this criterion.
2. Parks, recreation areas and facilities should be named prior to the beginning of the design for
development so that the area takes on an early identification and allows for proper tracking
during development.
3. The naming of a parks, recreation areas and facilities may be done in conjunction with the
community or neighborhood that will be served.This may be accomplished through various
means as determined by staff and may include naming contest or recommendations made by
recognized community groups.
4. Although not encouraged, names may be changed if properly justified and approved by the
Parks and Recreation Commission and City Council.
DEDICATION CRITERIA:The policy of the Parks and Recreation Department is to utilize a dedication
program to recognize and honor individuals or groups contributing to the park system but not qualifying
under the naming criteria. Parks, recreation areas,facilities or portions thereof, may be dedicated in
memory,or honor of, individuals or groups by the placement of a dedication or memorial plaque that
describes the contribution.The plaque must be made of quality material, rated for outdoor use and shall
be no larger than 8"x 10"for minor amenities and 28"x 32" for major amenities.
1. Acceptable criteria for dedications of parks, recreation areas and facilities areas follows:
A. Dedications are encouraged to be in the form of facility improvements or
enhancements.
B. Dedications may be in recognition of outstanding service that benefits the City,
substantial donations or significant contribution to the facility or Parks and Recreation
Department.
C. Dedications may be in memory of deceased individuals who have significantly
contributed to the facility or Parks and Recreation Department.
D. Individuals or groups sponsoring (nominating)a dedication must provide sufficient
funds to purchase and install the dedication or memorial plaque.The City will make
every effort to maintain and preserve installed plaques but will not be responsible to
replace and/or repair damaged or stolen ones.
E. Dedications of minor amenities(trees, benches, etc.)shall be handled administratively
by the Parks and Recreation Department. Dedications of major amenities(buildings,
sports fields,etc.)shall be approved by the Parks and Recreation Commission and City
Council.The wording, placement and/or mounting of plaque is subject to approval by
the Parks and Recreation Department.
PROCEDURE:The procedure for naming/dedicating parks, recreation areas and facilities is as follows:
1. Public initiated request to name or dedicate a park, recreation area or facility shall be submitted
in writing to the Parks and Recreation Director.
2. Those submitting a naming/dedication request shall show how the proposed name/dedication is
consistent with the criteria stated in this policy.When naming/dedicating after a person,the
request must describe the contributions to the facility or Parks and Recreation Department.
Written documentation of approval by next of kin (if available) is required as part of the
proposal. City staff will review the proposal for adherence to stated criteria and authentication
of statements of contributions before forwarding to the Parks and Recreation Commission.
3. The Parks and Recreation Commission will offer the opportunity for public input on the
proposed naming/dedication.
4. The Parks and Recreation Commission shall forward their recommendation to City Council for
final decision.
5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the
naming/dedication process whenever deemed necessary and/or in the best interest of the City.
6. In the absence of any naming/dedication request,the Parks and Recreation Commission shall
adhere to criteria stated in this policy in recommendation of name/dedication.
PARKS, AREAS AND FACILITIES NAMING/DEDICATION
POLICY
PURPOSE:The purpose of this policy is to establish a systematic and consistent approach for the official
naming and dedication of parks, recreation areas and facilities.
OBJECTIVES: Ensure that parks, recreational areas and facilities are easily identified and located. Ensure
that names and dedications are consistent with the value and character of the area or neighborhood
served. Encourage public participation in the naming, renaming and dedication of parks, recreation
areas and facilities. Encourage the dedication of lands,facilities, or donations by individuals and/or
groups.
DEFINITION: Parks, recreation areas and facilities—means and includes all city parks,trails, swimming
pools, buildings, playgrounds, skate parks and/or any other public property under management and
control of the Parks and Recreation Department,owned or leased by the city for the public benefit.
RESPONSIBILITY: It is the responsibiiity of the Parks and Recreation Director to ensure the parks,
recreation areas and facilities naming and dedication process takes place in compliance with the intent
of this policy.
NAMING CRITERIA: The policy of the Parks and Recreation Department is to name parks, recreation
areas and facilities through an adopted process utilizing established criteria emphasizing community
values and character, local history, geography and the environment. Naming may also be based on a
financial contribution made by an individual,family or group.
1. Acceptable criteria for names of parks, recreation areas and facilities are as follows:
A. The proposed name describes the geographical area where the facility is located.
B. The proposed name describes something specifically unique to the Apache Junction area
(flora, fauna,geology, historical or cultural descriptive termino!ogy).
C. The proposed name acknowledges significant financial support received from individuals or
groups that pays for or donates park land,donates an amount that would provide for 51%
or more of the parks development, and/or donates an amount that would cover the on-
going operating and maintenance needs of the park.The value of volunteer time does not
apply to this criterion.
2. Parks, recreation areas and facilities should be named prior to the beginning of the design for
development so that the area takes on an early identification and allows for proper tracking
during development.
3. The naming of a parks, recreation areas and facilities may be done in conjunction with the
community or neighborhood that will be served.This may be accomplished through various
means as determined by staff and may include naming contest or recommendations made by
recognized community groups.
4. Although not encouraged, names may be changed if properly justified and approved by the
Parks and Recreation Commission and City Council.
DEDICATION CRITERIA:The policy of the Parks and Recreation Department is to utilize a dedication
program to recognize and honor individuals or groups contributing to the park system but not qualifying
under the naming criteria. Parks, recreation areas,facilities or portions thereof, may be dedicated in
memory,or honor of, individuals or groups by the placement of a dedication or memorial plaque that
describes the contribution.The plaque must be made of quality material, rated for outdoor use and shall
be no larger than 8"x 10"for minor amenities and 28"x 32" for major amenities.
1. Acceptable criteria for dedications of parks, recreation areas and facilities areas follows:
A. Dedications are encouraged to be in the form of facility improvements or
enhancements.
B. Dedications may be in recognition of outstanding service that benefits the City,
substantial donations or significant contribution to the facility or Parks and Recreation
Department.
C. Dedications may be in memory of deceased individuals who have significantly
contributed to the facility or Parks and Recreation Department.
D. Individuals or groups sponsoring (nominating)a dedication must provide sufficient
funds to purchase and install the dedication or memorial plaque.The City will make
every effort to maintain and preserve installed plaques but will not be responsible to
replace and/or repair damaged or stolen ones.
E. Dedications of minor amenities(trees, benches, etc.)shall be handled administratively
by the Parks and Recreation Department. Dedications of major amenities(buildings,
sports fields,etc.)shall be approved by the Parks and Recreation Commission and City
Council.The wording, placement and/or mounting of plaque is subject to approval by
the Parks and Recreation Department.
PROCEDURE:The procedure for naming/dedicating parks, recreation areas and facilities is as follows:
1. Public initiated request to name or dedicate a park, recreation area or facility shall be submitted
in writing to the Parks and Recreation Director.
2. Those submitting a naming/dedication request shall show how the proposed name/dedication is
consistent with the criteria stated in this policy.When naming/dedicating after a person,the
request must describe the contributions to the facility or Parks and Recreation Department.
Written documentation of approval by next of kin (if available) is required as part of the
proposal. City staff will review the proposal for adherence to stated criteria and authentication
of statements of contributions before forwarding to the Parks and Recreation Commission.
3. The Parks and Recreation Commission will offer the opportunity for public input on the
proposed naming/dedication.
4. The Parks and Recreation Commission shall forward their recommendation to City Council for
final decision.
5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the
naming/dedication process whenever deemed necessary and/or in the best interest of the City.
6. In the absence of any naming/dedication request,the Parks and Recreation Commission shall
adhere to criteria stated in this policy in recommendation of name/dedication.
Apache Junction Police Department
Memorandum
Date: July 20, 2022
To: Mayor Chip Wilson and City Council
From: Chief Michael Pooley
Subject: Resolution 22-30, Gilbert Police Department Training Academy -
IGA Agreement
This is a time sensitive request, we anticipate at least three recruits in the near future.
Reference is made to the proposed Intergovernmental Agreement ("IGA") presented
by Gilbert Police Department (GPD) to the City of Apache Junction regarding the
Gilbert Police Training Facility. This sworn officer training is an as-needed basis and
generally has space for additional participants. The Apache Junction Police
Department ("AJPD") does not have its own police officer training academy, any
training must be provided as per the State of Arizona Peace Officer Standard Training
("AZPOST") regulations.
GPD requires that Apache Junction enter into the IGA for its training classes should
there be a need for academy participation.
Adoption of Resolution No. 22-30 is respectfully requested.
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Apache Junction Police Department
Memorandum
Date: August 3, 2022
To: Mayor Chip Wilson and City Council
From: Chief Michael Pooley
Subject: Purchase Request for Tasers and Body Worn Cameras from Axon Corporation
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The Apache Junction Police Department (AJPD) is requesting approval for an
updated contract with Axon Corporation for two large purchases. These purchases
include adding additional body worn cameras (BWC) and to replace all older model
Tasers for police department staff. Our current BWC's and Tasers were originally
purchased through Axon and this new purchase will continue working with Axon for
new and upgraded equipment. At this time only 20 BWC's are issued and being
used. This new purchase will allow the Police Department to issue a BWC to every
sworn officer and other staff members working with the community. This will
ultimately provide more transparency and trust with the community.
These new BWC's also include upgraded redaction software which allows all video
evidence to be stored in the cloud based storage (evidence.com). This upgraded
technology will also better support victims of crimes giving them the ability to
quickly upload video and photos themselves. Police management will also better
be able to oversee BWC use and deployment with metrics.
The second purchase request is to replace all old Tasers with the new and
improved Taser 7 models which sync and work with the new BWC. Our current
Tasers, the X26P are over ten years old and past the life cycle and are in need of
replacement.
This request is for a total amount of $307,634.88 which will be funded through the
American Rescue Plan Act (ARPA). This is a four year contract, ending in 2026 at
which time new BWC's and Tasers will need to be purchased for replacement. The
BWC contract has a zero cost replacement agreement along with the annual
evidence cloud based storage fee.
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When recorded, return to:
Zachary D. Sakas, Esq.
Greenberg Traurig, LLP
2375 East Camelback Road, Suite 800
Phoenix, Arizona 85016
AMENDED AND RESTATED
DISTRICT DEVELOPMENT, FINANCING PARTICIPATION,WAIVER
AND INTERGOVERNMENTAL AGREEMENT
by and among
CITY OF APACHE JUNCTION, ARIZONA,
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2,
BROOKFIELD HOMES HOLDINGS LLC,
and
BROOKFIELD ASLD 8500 LLC
Dated as of September_, 2022
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AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING
PARTICIPATION,WAIVER AND INTERGOVERNMENTAL AGREEMENT
ARTICLE I DEFINED TERMS; MISCELLANEOUS MATTERS
RELATING TO USE THEREOF; AND GENERAL
DISTRICT MATTERS .............................................................................
ARTICLE II CONSTRUCTION OF PROJECTS BY THE
DISTRICT; ACQUISITION OF PLANS AND
SPECIFICATIONS..................................................................................
ARTICLE III CONSTRUCTION OF ACQUISITION PROJECTS
BY THE DEVELOPER; CERTAIN MATTERS
RELATED TO PLANS AND SPECIFICATIONS AND
CHANGEORDERS................................................................................
ARTICLE IV ACQUISITION OF ACQUISITION PROJECTS
FROM THE DEVELOPER....................................................................
ARTICLE V FINANCING OF COSTS OF PROJECTS AND
PLANS AND SPECIFICATIONS..........................................................
ARTICLE VI MATTERS RELATING TO THE ASSESSMENT
BONDS AND THE GENERAL OBLIGATION BONDS
AND OTHER OBLIGATIONS OF THE DISTRICT..........................
ARTICLE VII ACCEPTANCE BY THE MUNICIPALITY AND
REIMBURSEMENT ELIGIBILITY.....................................................
ARTICLE VIII INDEMNIFICATION AND INSURANCE...........................................
ARTICLE IX PAYMENT OF CERTAIN EXPENSES AND COSTS........................
ARTICLE X MISCELLANEOUS................................................................................
EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY TO BE
INCLUDED IN THE DISTRICT....................................................... A-1
EXHIBIT B DESCRIPTION OF INFRASTRUCTURE........................................ B-1
EXHIBIT C FORM OF CERTIFICATE OF ENGINEERS FOR
CONVEYANCE OF ACQUISITION PROJECT OR
SEGMENT OF PROJECT................................................................. C-1
EXHIBIT D FORM OF CONVEYANCE OF ACQUISITION
PROJECT OR SEGMENT OF PROJECT....................................... D-1
EXHIBIT E FORM OF DISCLOSURE STATEMENT......................................... E-1
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THIS AMENDED AND RESTATED DISTRICT DEVELOPMENT,
FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL
AGREEMENT, dated as of September _, 2022 (this "Agreement"), is entered into by and
among the City of Apache Junction, Arizona, an Arizona municipal corporation (the
"Municipality"); Superstition Vistas Community Facilities District No. 2, a community facilities
district formed by the Municipality, and duly organized and validly existing,pursuant to the laws
of the State of Arizona (the "District"); Brookfield Homes Holdings, LLC, a California limited
liability company duly organized and validly existing pursuant to the laws of the State of
California ("Broo)�field Homes"), which has an interest in certain property in the District and is
an investor, guarantor and indemnitor but is not a developer; and Brookfield ASLD 8500 LLC, a
Delaware limited liability company duly organized and validly existing pursuant to the laws of
the State of Delaware (the "Developer"), which has an interest in certain property within the
boundaries of the District and is an investor, developer, guarantor and indemnitor. The Property
(as defined herein) is land granted to the Arizona State Land Department ("ASLD"), and ASLD
has permitted the recordation of this Agreement on the Property pursuant to Section 2.7 of the
Participation Contract(as defined herein).
RECITALS
A. Pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as
amended (the "Act"), and § 9-500.05, Arizona Revised Statutes, as amended ("A.R.S."), the
Municipality formed the District on October 5, 2021 in accordance with a petition submitted by
D.R. Horton, Inc., a Delaware corporation ("D.R. Horton"), and in connection therewith the
Municipality, the District and D.R. Horton entered into that certain District Development,
Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas
Community Facilities District No. 2, dated as of February 22, 2022, and recorded as Fee No.
2022-021690 in the official records of Pinal County, Arizona (the "Original Agreement"), to
specify, among other things, conditions, terms, restrictions and requirements for "public
infrastructure" (as such term is defined in the Act) and the financing of public infrastructure and
subsequent reimbursements or repayments over time.
B. In accordance with Section 10.3 of the Original Agreement, D.R. Horton
and Brookfield Homes executed and delivered that certain Assignment and Assumption of
District Development, Financing Participation, Waiver and Intergovernmental Agreement
(Superstition Vistas Community Facilities District No. 2), dated as of March 14, 2022, and
recorded as Fee No. 2022- in the official records of Pinal County, Arizona, whereby D.R.
Horton assigned to Brookfield Homes, and Brookfield Homes accepted such assignment and
assumed, the rights, title, interest, duties, obligations and liabilities as "Developer" under the
Original Agreement, and the Municipality and the District consented to such assignment and
assumption.
C. Prior to or concurrently herewith, Brookfield Homes conveyed to
Developer all of Brookfield Homes' right, title and interest in the real property owned, or
controlled pursuant to the Certificate of Purchase and the Participation Contract (each as defined
herein), by Brookfield Homes within the District.
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D. Pursuant to Section 10.3 of the Original Agreement, Brookfield Homes
has assigned, and the Municipality and the District has consented to, the assignment of
Brookfield Homes' rights, title, interest, duties, obligations and liabilities as "Developer" under
the Original Agreement to Developer, and Developer has assumed such rights, title, interest,
duties, obligations and liabilities, provided that Brookfield Homes has retained certain duties,
obligations and liabilities, and such assignment, assumption, consent and retention is hereby
approved and confirmed by amending and restating the Original Agreement by the execution and
delivery of this Agreement,which supersedes and completely replaces the Original Agreement.
E. Pursuant to the Act and A.R.S. Section 9-500.05, the District, Brookfield
Homes and the Developer are entering into this Agreement as a "development agreement" to
specify, among other things, conditions, terms, restrictions and requirements for public
infrastructure and the financing of public infrastructure and subsequent reimbursements or
repayments over time.
F. With regard to the real property described in Exhibit A hereto (the
"Property"), which makes up the real property included within the District, the Municipality, the
District, Brookfield Homes and the Developer have determined to specify certain matters in this
Agreement relating to the acquisition, construction, financing, operation and maintenance of
public infrastructure, including matters relating to the construction or acquisition of certain
public infrastructure by the District, the acceptance thereof by the Municipality and the
reimbursement or repayment of the Developer with respect thereto, all pursuant to the Act, such
public infrastructure being necessary for the Developer to develop the Property prior to the time
at which the District can itself pay for the construction or acquisition thereof.
G. On November 4, 2020, D.R. Horton was the successful bidder at a public
auction conducted by ASLD and is thereby entitled to purchase the Property from ASLD
pursuant to the terms of Certificate of Purchase No. 53-120190 (the "Certificate of Purchase")
and subject to the terms of the Participation and Infrastructure Contract Regarding ASLD Sale
No. 53-120190, executed on November 12, 2020 between ASLD and D.R. Horton, as it may be
thereafter amended (the "Participation Contract"), with the express condition that D.R. Horton
entitle and develop the Property as a mixed-use master planned community.
H. [BROOKFIELD TO PROVIDE DETAILS ON TRANSFER OF
HORTON RIGHTS UNDER CERTIFICATE OF PURCHASE AND PARTICIPATION
CONTRACT, IF ANY TO BROOKFIELD ASLD 8500.]
I. Pursuant to the Participation Contract, the Property is a component of the
Auction Property(as defined in the Participation Contract).
J. Pursuant to the Participation Contract, D.R. Horton is required to acquire,
construct and improve certain infrastructure benefitting the Property, and ASLD has certain
consent and approval rights regarding the D.R. Horton's development of the Property including
the formation of the District. [BROOKFIELD TO REVISE OR ADD DETAIL ON ITS
RESPONSIBILITIES TO DEVELOP AND RELATIONSHIP TO ASLD, IF ANY.]
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K. This Agreement as a "development agreement" pursuant to A.R.S. § 9-
500.05 is consistent with the "General Plan" of the Municipality, as defined in A.R.S. § 9-461,
applicable to the Property on the date this Agreement is executed.
L. To perform and finance certain "public infrastructure purposes" (as such
term is defined in the Act) the District Board (as defined herein) previously held an election in
and for the District, pursuant to the Act, and the qualified voters of the District approved,
authorizing the District Board to: (i) in its sole discretion, issue certain general obligation bonds
of the District, in the amount of four hundred million dollars ($400,000,000.00), provided
however, the Developer shall not request the issuance of more than three hundred fifty million
dollars ($350,000,000.00), to provide monies for certain "public infrastructure purposes"
described in the General Plan of the District approved by the Municipality and the District (the
"General Obligation Bonds") and to annually levy, assess and collect an ad valorem tax against
all taxable property in the District, unlimited as to rate or amount therefor, to pay debt service on
the General Obligation Bonds; and (ii) annually levy, assess and collect an ad valorem tax in an
amount up to $0.30 (or such higher amount approved at an election in accordance with the Act)
per $100.00 of net assessed limited property valuation against all taxable property in the District
(the "O/M Tax") to provide for amounts to pay the administrative, operation and maintenance
expenses of the District.
M. The District Board, pursuant to the Act and the procedures prescribed by
A.R.S. §§ 48-576 through 48-589, as nearly as practicable, or such other procedures as the
District board provides, may in its sole discretion levy special assessments of the costs of any
public infrastructure purpose on any land in the District based on the benefit determined by the
District Board to be received by such land(the "Assessments").
N. If the District Board, in its sole discretion, adopts a resolution levying a
special assessment on property in the District, pursuant to the Act, special assessment bonds of
the District (the "Assessment Bonds") may be issued and sold to provide monies for certain
"public infrastructure purposes" described in the General Plan of the District.
O. This Agreement, together with the Land Development Agreement and the
CFD Guidelines (each as defined herein) shall set forth some parameters and conditions
pertaining to the use of the proceeds of any General Obligation Bonds, Assessment Bonds and
amounts which will be collected with respect to the O/M Tax in the future.
P. Pursuant to the Act and the Land Development Agreement, the District is
entering into this Agreement with Brookfield Homes and the Developer with respect to, among
other things, the expenditure of monies for public infrastructure purposes by the Developer and,
if the District, in its sole discretion, sells General Obligation Bonds or Assessment Bonds, the
reimbursement of all or part of such expenditures, and the security for, and disbursement and
investment of proceeds of, the General Obligation Bonds and the Assessment Bonds.
Q. The Municipality has adopted Policy Guidelines and Application
Procedures for the Establishment of Community Facility Districts (the "CFD Guidelines") in
Resolution No. 21-05, as thereafter amended and adopted by the Municipality in Resolution
No. 21-44, to establish certain requirements and procedures applicable to all community facility
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districts within the Municipality, including the District except as otherwise provided in this
Agreement.
R. Pursuant to the Act and A.R.S. Title 11, Chapter 7, Article 3, the District
and the Municipality are entering into the specified sections of this Agreement as an
"intergovernmental agreement" with one another for joint or cooperative action for services and
to jointly exercise any powers common to them and for the purposes of the planning, design,
inspection, ownership, control, maintenance, operation or repair of "public infrastructure,"
including particularly to provide for the acceptance by the Municipality and other governmental
entities of certain public infrastructure constructed or acquired by the District.
S. The District has entered into the IGA (as defined herein) with WUCFD,
SMCFD (each as defined herein) and Superstition Vistas Community Facilities District No. 1
pursuant to Resolution No. 2021-001 SVCFD No. 2 of the District Board pertaining to, among
other things,public infrastructure to be financed by the District.
T. Nothing contained in this Agreement is intended to limit the District
Board in exercising its sole discretion at any time with respect to the approval or rejection of a
Report(as defined herein) or the issuance of General Obligations Bonds or Assessment Bonds.
AGREEMENT
NOW, THEREFORE, in the joint and mutual exercise of their powers, in
consideration of the above premises and of the mutual covenants herein contained and for other
valuable consideration, and subject to the conditions set forth herein, the parties hereto agree
that:
ARTICLE I
DEFINED TERMS; MISCELLANEOUS
MATTERS RELATING TO USE THEREOF; AND GENERAL DISTRICT MATTERS
Section 1.1. (a) For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires, the terms defined in this Section
have the meanings assigned to them in this Section and include, as appropriate, the plural as well
as the singular:
"Acquisition Project" means each Project constructed by the Developer pursuant
to a Construction Contract and which the Developer intends to preserve the ability to finance
with the proceeds of District Bonds, and excludes Infrastructure that is a Construction Project
approved by the District Board as described in Section 2.1.
"Act"means A.R.S. Title 48, Chapter 4, Article 6, as amended.
"Agreement" means this Amended and Restated District Development, Financing
Participation, Waiver and Intergovernmental Agreement, dated as of September_, 2022, by and
among the Municipality, the District, Brookfield Homes and the Developer.
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"ASLD"means the Arizona State Land Department.
"Assessed Property" means all or a portion of the real property within the District
subject to, from time to time, an Assessment.
"Assessment Bonds" means any series of special assessment bonds of the District
authorized to be sold and issued by the District as described in this Agreement and the Act,
payable from amounts collected from Assessments.
"Assessment Diagram" means the assessment diagram to be prepared by the
District Engineer and the superintendent of streets (as described in A.R.S. § 48-589 and
incorporated by reference in the Act pursuant to A.R.S. § 48-721.A.) showing the parcels and
lots subject to Assessments.
"Assessment District" means the Assessed Property described in the Assessment
Diagram which is benefited by the Work upon which Assessments will be levied.
"Assessments" means, as to be originally levied and as thereafter reallocated as
described herein, the "not to exceed" proportionate share of costs and expenses of the Work
levied against each parcel or lot of the Assessed Property pursuant to A.R.S. Title 48, Chapter 4,
Article 6.
"Auction Property"has the meaning ascribed in the Participation Contract.
"Bonds" means, as applicable, any Assessment Bonds or any General Obligation
Bonds issued by the District.
"Certificate of Purchase" means Certificate of Purchase No. 53-120190, pursuant
to which D.R. Horton is entitled to purchase the Property from ASLD. [BROOKFIELD TO
REVISE TO REFLECT ANY AMENDMENTS OR ASSIGNMENTS]
"Certificate of the Engineers"means a certificate of the Developer's Engineer and
the District Engineer in substantially the form of Exhibit C hereto.
"Community Plan" means the Master Planned Community Zoning Ordinance and
Development Plan for the Auction Property adopted by the Municipality on October 5, 2021, as
Ordinance No. 1513, together with any amendment thereto approved by the Municipality in the
manner required by Community Plan and City Code.
"Construction Contract"means a construction or acquisition contract for a Project
procured and awarded pursuant to the Public Bid Requirements.
"Construction Cost" means an amount equal to the sum of the amounts paid by
the Developer or the District for: (1)the cost of any Plans and Specifications which have been
approved pursuant to Section 2.6 of this Agreement and comply with Section 5.3 (including the
costs of the review of such design by the District Engineer); (2) construction of the Project
pursuant to the Construction Contract for such Project (such amount to be equal to the contract
amount plus any increases to such contract amount approved as described in Section 3.5 less any
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change orders decreasing the contract amount); (3) independent third party inspection and
supervision of performance under such Construction Contract; and (4) other miscellaneous or
incidental costs for such Project attributable to construction of the Project approved by the
District Engineer and as certified in the Certificate of the Engineers for that Project.
"Construction Project" means each Project which is a part of Infrastructure
constructed by the District as described in Section 2.1.
"Conveyance" means a conveyance for a Segment in substantially the form of
Exhibit D hereto.
"days"means Justinian calendar twenty-four hour periods.
"Developer" means Brookfield ASLD 8500 LLC, a Delaware limited liability
company.
"Developer's Engineer" means any firm of professional engineers procured using
Public Procurement Requirements and hired by the Developer after approval thereof by the
District Manager to perform the services required therefrom for the purposes hereof.
"Disclosure Statement" means the disclosure statement substantially in the form
of Exhibit E hereto or such other form agreed to by the Developer and the Municipality.
"District" means Superstition Vistas Community Facilities District No. 2, a
community facilities district formed by the Municipality, and organized and existing, pursuant to
the laws of the State.
"District Board"means the board of directors for the District.
"District Budget" means the annual budget of the District adopted by the District
Board for each Fiscal Year.
"District Consulting Costs" means the costs and expenses incurred by the District
as described in Section 1.3 of this Agreement.
"District Engineer" means such engineer as is appointed or designated, from time
to time, on behalf of the District by the District Manager.
"District Expenses" means the expenses and costs of the operation and
administration of the District including, without limitation, the expenses and costs billed to the
District by the Municipality for services relating directly or indirectly to the District, including
but not limited to: overhead incurred by the Municipality in providing services to the District and
the operation and maintenance of the District's website including searchable electronic records
database pursuant to A.R.S. § 48-727; the expenses and costs of administering and operating the
District, including the District Consulting Costs, District Insurance Expense and the costs, time
and expenses of staff and overhead incurred by the District; the costs of issuance and
administration of Bonds not paid with the proceeds of Bonds; and Initial Expenses not paid
pursuant to Section 9.3 of this Agreement.
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"District Indemnified Party" means the Municipality and each council member,
director, trustee, member, officer, official, agent or employee thereof or of the District.
"District Insurance Expense"means the annual or semi-annual premium costs and
expenses incurred in obtaining a policy or policies of insurance in the form and coverage
amounts described in Section 8.3(a) or as otherwise determined by the District Manager
exercising his or her sole and absolute discretion, providing for commercial general liability
coverage for, from and against the Municipality and the District, its directors, officers, agents
and employees against any losses, claims, damages or liabilities, directly or indirectly, arising
from or related to activities or administration of the District, including but not limited to, any
losses, claims, damages or liabilities related to the offer and sale of the Bonds. District Insurance
Expense also includes, to the extent necessary as a result of application to claims under such
insurance, amounts to pay the deductible described in Section 8.3(a).
"District Manager" means the City Manager, or designee, serving independently
from the Municipality as the manager of the District.
"Engineers" means, collectively, the Developer's Engineer (as applicable) and the
District Engineer.
"Estimate" means the estimate of the Financeable Amount indicated in the
Report.
"Financeable Amount" means, with regard to any Project, the total of amounts
necessary to pay: (1) the total of all Construction Costs or Segment Prices due pursuant to
Construction Contracts for any such Project; and (2) (i) all other amounts indicated in this
Agreement(including the cost of Plans and Specifications); (ii) all relevant issuance costs related
to any Bonds; (iii) capitalized interest for a period not in excess of that permitted by the Act and
federal law; and(iv) if requested by the Developer and approved by the District Board, in its sole
discretion, an amount necessary to fund a debt service reserve fund in an amount not in excess of
that permitted by the Act and federal law as described elsewhere herein.
"Fiscal Year" means the twelve (12) month period beginning on July I of any
year and ending on June 30 of the following year.
"Force Majeure" means any condition or event not within the control of a parry
obligated to perform hereunder, 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 the government of the United States or any state thereof or any of their
departments, agencies, or officials, or of any civil or military authority; insurrection; civil
disturbances; riots; epidemics; pandemics; quarantines; curfews; federal, State or local executive
orders mandating public obedience to government emergency order mandates; landslides;
lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests; restraints
of government and of people; explosion; 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
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case when such course is in the judgment of the party hereto unfavorable to such parry, shall not
constitute failure to use its commercially reasonable efforts to remedy such a condition or event.
"General Obligation Bonds" means any series of general obligation bonds of the
District authorized to be sold and issued by the District.
"General Plan of the District" means the General Plan submitted by D.R. Horton
in connection with the petition for formation of the District in accordance with the Act.
"IGA" means the Intergovernmental Agreement by and among the Water Utilities
Community Facilities District (City of Apache Junction, Arizona), the Superstition Mountains
Community Facilities District No. 1, the Superstition Vistas Community Facilities District No. 1
and the Superstition Vistas Community Facilities District No. 2 Pertaining to Community
Facilities District Operations, Infrastructure and Financings, dated as of November 30, 2021 and
recorded January 24, 2022, in the Official Records of the Pinal County Recorder as Instrument
No. 2022-009053.
"Indemnified Party" means the Municipality and the District and each council
member, legislator, director, trustee, partner, member, officer, official, independent contractor,
agent or employee thereof and each person, if any, who controls the Municipality and/or the
District within the meaning of the Securities Act. Indemnified Parry further includes SMCFD
and WUCFD and each director, trustee, partner, member, officer, official, independent
contractor, agent or employee thereof, but only in connection with any Infrastructure accepted by
SMCFD or WUCFD, respectively.
"Infrastructure" means, collectively, the public infrastructure and public
infrastructure purposes described in Exhibit B hereto and described in the General Plan of the
District to be the subject of a Report.
"Initial Expenses" means, the expenses and costs incurred by the District and the
Municipality in connection with the formation and initial operation of the District and budgeted
District Expenses specifically allocated to the Initial Expenses.
"Intergovernmental Agreement Act" means Title 11, Chapter 7, Article 3, Arizona
Revised Statutes, as amended.
"Land Development Agreement" means the Development Agreement for
Superstition Vistas dated October 5, 2021, between the Municipality and D.R. Horton and
recorded on November 4, 2021, in the Official Records of Pinal County as Instrument No. 2021-
140530, as the same may be amended from time to time as expressly provided in Section 2.1 of
this Agreement. [BROOKFIELD TO DESCRIBE ANY
ASSIGNMENT/ASSUMPTION/AMENDMENT RELATED TO CONVEYANCE FROM
HORTON TO BROOKFIELD]
"Municipality" means the City of Apache Junction, Arizona, an Arizona
municipal corporation.
"Necessary Public Property"has the meaning ascribed in Section 2.5.
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"O/M Expenses" means any and all expenses and costs of the operation and
maintenance of any Project and accumulating a Replacement Reserve Amount with respect to
the Projects including any overhead incurred by the Municipality, or other governmental entity,
with respect thereto and specifically allocated to the O/M Expenses.
"O/M Reserve"has the meaning ascribed in Section 9.4.
"O/M Tax" means an ad valorem tax levied at the rate of not to exceed $0.30 per
$100.00 of net assessed limited property valuation against all real and personal taxable property
in the District; provided that such O/M Tax rate may be increased in accordance with the Act.
"Participation Contract" means the Participation and Infrastructure Contract
Regarding ASLD Sale No. 53-120190, executed on November 12, 2020, between ASLD and the
Developer, as thereafter amended. [BROOKFIELD TO DESCRIBE ANY
ASSIGNMENT/ASSUMPTION/AMENDMENT RELATED TO HORTON TO BROOKFIELD
CONVEYANCE]
"Patented"has the meaning ascribed in the Participation Contract.
"Plans and Specifications"means the plans and specifications for a Project which,
if the District acquires, shall be prepared and reviewed in accordance with the same standards
and requirements for plans and specifications for construction projects of the Municipality, or
other governmental entity, similar to the Project or the Acquisition Project, as applicable.
"Project" means each component or element which is a part of the Infrastructure
on an individual basis and includes both Acquisition Projects and Construction Projects which
are the subject of a Construction Contract in the name of the District.
"Property"means the real property described in Exhibit A to this Agreement.
"Public Procurement Requirements" means the public procurement and award
processes established pursuant to A.R.S. Title 34, as amended from time to time, and the
procurement policies of the Municipality, or other governmental entity, pertaining to projects of
the Municipality, or other governmental entity, similar to the Infrastructure.
"Replacement Reserve Amount" means an amount calculated using generally
acceptable accounting practices based on the useful life of the various assets comprising the
Projects established by the Internal Revenue Code of 1986, as amended, to be used to replace
such assets.
"Report' means the study of the feasibility and benefits required by the Act for
each applicable Project or Acquisition Project.
"Securities Act"means the Securities Act of 1933, as amended.
"Segment" means a completed, discrete, functional portion of a Project as
determined by the District Engineer and the District Manager, in their sole discretion.
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"Segment Price" means an amount equal to the sum of the amounts paid by the
Developer or the District for: (1)the Plans and Specifications for the Segment if approved by the
District Board as described in Section 2.6 and Section 5.3 of this Agreement, (including the costs
of the review of such design by the District Engineer); (2) construction of the Segment pursuant
to the Construction Contract for such Segment (such amount to be equal to the contract amount
plus any increases to such contract amount approved as described in Section 3.5 less any change
orders decreasing the contract amount); (3) independent third parry inspection and supervision of
performance under such Construction Contract; (4)the fair market value of any real property
required for public purposes, other than right-of-way, utility, access easements or other land
typically required to be dedicated by developers of infrastructure similar to the Project, if
included in a Report approved by the District Board, in its sole discretion; and (5) other
miscellaneous or incidental costs for such Segment attributable to design and construction of the
Segment approved by the District Engineer and as certified in the Certificate of the Engineers for
that Segment.
"Shortfall"has the meaning ascribed in Section 9.2(b).
"SMCFD" means Superstition Mountains Community Facilities District No. 1, a
municipal corporation and political subdivision of the State.
"State"means the State of Arizona.
"World" means the portion of the Infrastructure described in the resolution of
intention pertaining to the formation of an Assessment District.
"Work Plans and Specifications" means, the descriptions of the Infrastructure in
the Report and the Plans and Specifications for the corresponding Projects, which shall comprise
the Work.
"WUCFD" means Water Utilities Community Facilities District (City of Apache
Junction, Arizona), a municipal corporation and political subdivision of the State.
(b) All references in this Agreement to designated "Exhibits,"
"Articles," "Sections" and other subdivisions are to the designated Exhibits, Articles, Sections
and other subdivisions of this Agreement as originally executed.
(c) The words "herein," "hereof' and "hereunder" and other words of
similar import refer to this Agreement as a whole and not to any particular Exhibit, Article,
Section or other subdivision.
Section 1.2. Except as otherwise specifically provided in this Agreement, the
District shall be subject to and governed by the terms and provisions of this Agreement and the
applicable terms and provisions of the Land Development Agreement, Community Plan and the
CFD Guidelines, as the same may be amended from time to time; provided, in the event of a
conflict between the Land Development Agreement, Community Plan, this Agreement and the
CFD Guidelines, the Land Development Agreement, Community Plan and this Agreement shall
control; provided, further, in the event of a conflict between the Land Development Agreement
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and Community Plan and this Agreement, the Land Development Agreement and Community
Plan shall control.
Section 1.3. The District may retain an independent financial advisor, legal
counsel, bond counsel, underwriter, engineer and such other advisors and consultants as the
District determines are necessary to assist in its operations, including but not limited to
evaluating budgets, reports, financing documents, District construction documents and similar
matters. District Consulting Costs shall be included as District Expenses, provided, however, all
or certain District Consulting Costs may, if approved by the District Board, be paid with the
proceeds of Bonds.
Section 1.4. The District shall maintain its records and conduct its affairs in
accordance with the Act, the laws of the State, and this Agreement.
Section 1.5. The Municipality shall be paid by the District for costs and
expenses relating to the District and the Infrastructure financed by the District, provided,
however, in no event shall the Municipality be paid less than fifteen thousand ($15,000.00) per
fiscal year. The Municipality may request the District to allocate all or any portion of such
amount to SMCFD and WUCFD in accordance with the IGA. Upon request of the Developer,
the Municipality will provide the District and the District will provide the Developer with an
invoice for the Municipality's costs and expenses.
Section 1.6. (a) All Infrastructure described in the District's General Plan (as
defined in the Act) that is or expected to be financed with District moneys or proceeds of District
Bonds: (i) shall be public infrastructure as described in the Act; and (ii) shall be publicly
procured and awarded pursuant to the Public Procurement Requirements.
(b) The form of Notice Inviting Bids shall be in such form as agreed to by the
Engineers and approved by the Municipality.
(c) Compliance with the Public Procurement Requirements shall be evidenced
by the Certificate of the Engineers.
(d) All Construction Contracts relating to Infrastructure shall provide that the
respective contractors or vendors shall not have recourse, directly or indirectly, against the
Municipality or other governmental entity, as applicable. In the case of any initial financing
provided by the Developer of any Construction Contract relating to Infrastructure for which
reimbursement is expected, such Construction Contract shall provide that the respective
contractors or vendors shall not have recourse, directly or indirectly, against the District for the
payment of any costs under such contract or any liability, claim or expense arising therefrom and
that the Developer shall have sole liability for payment under such Construction Contract of all
such amounts.
Section 1.7. (a) The Developer, or, after the end of the Developer's
Exclusive Period (as defined herein), the District or the Municipality or, if applicable, any third
party owning real property within the District, shall have the right to submit to the District Board
one or more Reports pertaining to the issuance of Bonds to finance the construction, acquisition
or installation of all or a part of the Infrastructure described in the General Plan. The District
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Board, exercising its sole discretion, may thereafter approve or reject the Report and approve or
reject the issuance of District Bonds. With respect to the issuance of Bonds, the District Board
may consider Reports submitted by: (1) the District or the Municipality and issue Bonds upon
(and only upon) the earliest to occur of. (i) the twenty-fifth (25th) anniversary of the formation of
the District, (ii)the date on which the District has issued seventy percent (70%) or more of the
General Obligation Bonds authorized at the election referenced in the Recitals hereto, or (iii)the
date on which the undeveloped property then owned (including ownership rights under the
Certificate of Purchase and the Participation Contract) by the Developer within the District
represents less than fifteen percent (15%) of the land within the District; provided, further in any
such event the District may consider Reports submitted for Assessment Bonds by parties other
than the Developer only if no portion of the assessment to be levied to secure the Assessment
Bonds will be levied on property owned by the Developer; or (2) parties other than Developer
upon (and only upon) the earliest to occur of. (i) the twenty-fifth (251h) anniversary of the
formation of the District, or (ii) the date on which undeveloped property then owned (including
ownership rights under the Certificate of Purchase and the Participation Contract) by the
Developer within the District represents less than fifteen percent (15%) of the land within the
District (the foregoing periods described in clauses (1) and (2) are collectively referred to herein
as the "Developer's Exclusive Period"). Any District financing not initiated by the Developer
shall be in accordance with the CFD Guidelines and as otherwise approved by the District Board.
(b) Notwithstanding the provisions set forth above in paragraph (a) of this
Section, the District Board, at any time, may approve a Report and authorize the issuance and
sale of Bonds, notwithstanding whether the Report was submitted by the District or the
Municipality, if the proceeds of such Bonds are necessary to: (1) alleviate or otherwise contain
bona fide threats, as determined by the District Engineer (provided, however, the Developer may
appeal such determination to the District Board and the District Board's determination shall be
conclusive), to public health and safety within the District; (2) construct Infrastructure required
to be constructed by the Developer and the Developer has failed to construct such Infrastructure
after a written request has been presented by the Municipality or other governmental entity; or
(3)to repair or replace Infrastructure which the Municipality, or other applicable governmental
entity, is responsible to maintain and which was not installed pursuant to or in conformance with
approved plans or specifications or which the District Engineer and Developer's Engineer
mutually agree has failed prior to its expected useful life, as such useful life is established by
usual and customary engineering principles, except if such failure is attributable to the failure of
the Municipality, or other governmental entity, to maintain such Infrastructure to applicable
standards.
(c) The Developer and Brookfield Homes acknowledge and agrees as follows:
(1) the approval of any Report, the issuance and sale of Bonds or the District's levy of taxes,
assessments, fees or charges are subject to the sole, absolute and unfettered discretion of the
District and District Board; (2)nothing contained in this Agreement or any action or continued
actions taken or not taken pursuant to this Agreement shall create any obligation, express or
implied, of the District to issue or continue to issue Bonds of any type or amount or levy or
continue to levy any tax or assessment of any type or amount; (3)the Developer and Brookfield
Homes have no rights and expressly waive any and all future rights, claims or causes of action,
express or implied, created by this Agreement for any action or continued actions taken or not
taken pursuant to this Agreement or under any other agreement with the District or the
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Municipality that would create any obligation of the District to issue or continue to issue Bonds
of any type or amount or levy or continue to levy any tax or assessment (except as necessary to
pay debt service on outstanding Bonds of the District); (4)the Developer and Brookfield Homes
are not relying now or shall not rely in the future on Bonds, taxes, assessments, fees or other
District actions for the development of the Property; and (5)upon expiration of the Developer's
Exclusive Period, as referenced in Section 1.7(a), or the occurrence of an event described in
Section 1.7(b), as applicable, the District may issue Bonds or levy taxes, assessments, fees or
charges for purposes other than payment to the Developer for Acquisition Projects then eligible
for financing pursuant to Article III of this Agreement. The District shall review submitted
Reports in accordance with the time periods described in A.R.S. § 48-715.
Section 1.8. Notwithstanding Section 1.7 above, the Developer shall be
permitted to withdraw any Report submitted by the Developer from consideration by the District
at any time before the conclusion of the hearing thereon. In the event of such a withdrawal, the
District Board shall not approve the Report or adopt any resolution which would effect an
implementation of any part of the transaction described in such Report. The Developer shall be
permitted to resubmit any such withdrawn Report or any Report which has been rejected by the
District Board and then amended by the Developer, at such time as the Developer may, in its sole
discretion, deem advisable. The Developer is responsible for the costs incurred prior to the
withdrawal, including consultant fees.
ARTICLE II
CONSTRUCTION OF PROJECTS BY THE DISTRICT;
ACQUISITION OF PLANS AND SPECIFICATIONS
Section 2.1. Upon a written request of the Developer and after approval by the
District Board, exercising its sole discretion, the District may enter into a Construction Contract
to construct a portion of the Infrastructure. The District may cause any portion of the
Infrastructure to be constructed pursuant to the Plans and Specifications which, in the discretion
of the District Manager, allows for development of the Property to proceed in accordance with
the terms of the Participation Contract and the Land Development Agreement and any
amendment thereto. The District shall not enter into a Construction Contract unless all
Necessary Public Property has been conveyed to the Municipality or, if applicable, to the District
or other governmental entity pursuant to Section 2.5 of this Agreement.
Section 2.2. (a) The procurement and preparation of the Plans and
Specifications and the procurement of the contractor for a Construction Contract for
Infrastructure shall be procured and awarded pursuant to the Public Procurement Requirements.
The Infrastructure shall be designed and constructed in accordance with the requirements for
constructing projects of the Municipality, or other applicable governmental entity, similar to the
Projects.
(b) The Infrastructure (or any Project which is a part thereof) shall be
procured in one or more parts by and in the name of the District, and Construction Contracts
shall be entered into with the respondent selected in accordance with the requirements for
awarding contracts pursuant to the Public Procurement Requirements and the requirements of the
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Municipality, or other applicable governmental entity, pertaining to projects of the Municipality
or governmental entity similar to the Construction Contracts.
Section 2.3. None of the Developer or any corporation, partnership or other
business entity that owns or controls, is owned or controlled by, or is under common ownership
or control with Developer, have been or shall be compensated by any of the Municipality,
another governmental entity, or the District for any costs of any Project except as provided
herein.
Section 2.4. The public procurement of a Project or, at the sole discretion of the
District Board, the award of a Construction Contract in the name of the District, shall occur only
after the sale and delivery of the Bonds in an amount sufficient to produce Bond proceeds,
together with any cash collections of Assessments or other lawfully available monies, to pay all
the applicable Financeable Amounts.
Section 2.5. Unless the District Board, in its sole discretion, agrees such real
property is to be acquired by the District as part of the construction of the Project, prior to
publicly procuring any Construction Contract for the construction of a Project under this
Article II, or at such other time as approved by the District Board or District Manager, in its or
his discretion, the Developer or other landowner shall dedicate to the District or the
Municipality, as directed by the District Manager, or, if directed by the District Manager, to such
other governmental entity (as applicable), without cost, all necessary real property required for
the construction, ownership and operation of the Project (the "Necessary Public Property"). The
type, size and terms of the Necessary Public Property required for the Project shall be as
provided for in the Participation Contract, Land Development Agreement and Community Plan,
as applicable, and otherwise shall be in compliance with the requirements for public
infrastructure projects of, as applicable, the Municipality, or other applicable governmental
entity, similar to the Project. In addition, any such dedication to the District, the Municipality, or
other governmental entity, as applicable, shall occur after receipt by the District Manager of the
following with respect to such Necessary Public Property, in form and substance reasonably
satisfactory to the District Manager:
(i) special warranty deed, easement or other conveyance instrument
acceptable in form and substance to the Municipality (or other governmental entity) from the
Developer or the applicable landowner for such Necessary Public Property executed by an
authorized officer of the Developer or other landowner(as applicable),
(ii) such environmental assessments or other evidence satisfactory to
the District Manager that such Necessary Public Property does not contain environmental
contaminants, historical sites, burial grounds or other conditions which make such Necessary
Public Property unsuitable for its intended use or to the extent such conditions are present, a plan
satisfactory to the District Manager which sets forth the process by which such Necessary Public
Property will be made suitable for its intended use, a plan for remediation of such conditions, if
required by the District Manager and the sources of funds necessary to accomplish such purpose,
and
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(iii) such other documents, instruments, approvals or opinions as the
District, Municipality, or other governmental entity, as applicable, may reasonably request
including title reports, insurance, findings of no significant impact, etc.
Section 2.6. Plans and Specifications for the Projects which pertain to possible
Construction Contracts to be entered into by the District pursuant to this Article II or to possible
Acquisition Projects to be acquired pursuant to Article III shall be procured utilizing Public
Procurement Requirements. The District shall not be liable for any payment or repayment to the
Developer with respect to the Plans and Specifications except as provided by this Agreement.
ARTICLE III
CONSTRUCTION OF ACQUISITION PROJECTS BY THE DEVELOPER;
CERTAIN MATTERS RELATED TO PLANS AND SPECIFICATIONS
AND CHANGE ORDERS
Section 3.1. Subject to the terms of this Agreement including the obligation of
the District under the circumstances described herein to pay the Segment Price for a Segment or
the Construction Cost of any Acquisition Project as hereinafter provided, the Developer shall, at
the sole cost and expense of the Developer, cause the Infrastructure (other than Infrastructure
constructed by the District pursuant to Article II of this Agreement) to be constructed pursuant to
the Plans and Specifications, in a fashion which allows for development of the Property to
proceed in accordance with the terms of, and the timing provided by, the Community Plan and
the Land Development Agreement on real property in which the Developer has an interest.
Section 3.2. (a) The procurement and preparation of the Plans and
Specifications and the procurement of a contractor for the construction of an Acquisition Project
shall be procured and awarded pursuant to the Public Procurement Requirements applicable to
such Project. Construction Contracts and the construction of the Acquisition Project related
thereto shall be in accordance with the requirements for constructing projects of the
Municipality, or other applicable governmental entity, similar to the Acquisition Project.
(b) The Municipality, the District, or other applicable governmental
entity shall not bear any risks, liabilities, obligations or responsibilities under any contract to
prepare the Plans and Specifications, under any Construction Contract for Acquisition Projects,
or any risk of loss of or damage to any Acquisition Project (or any part thereof) occurring prior
to the later of. the time of acceptance or the time of acquisition of such Acquisition Project (or
part thereof)pursuant to Article IV.
(c) The Municipality and the District shall each be named as an
additional insured party on any and all insurance policies required under the bid specifications
for procurement of the Plans and Specifications or the procurement and contract terms of a
Construction Contract for any Acquisition Project and as a third-party beneficiary with respect to
all bonds, warranties and guarantees with respect thereto.
(d) Evidence of final payment, lien releases, assignments and such
other documents as required by the District Manager or District Engineer shall be provided by
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the Developer to the District before any acquisition pursuant to Article IV. If any liens are
placed on any portion of an Acquisition Project which is the subject of a Construction Contract
or if litigation ensues between the Developer and any contractor or other person with respect to
an Acquisition Project or Construction Contract pertaining to an Acquisition Project, the District
shall not acquire the Acquisition Project or any portion thereof until such liens are removed or
such litigation is resolved.
Section 3.3. (a) Any advertisement for bids and a Construction Contract for
any Acquisition Project or any advertisement for bids and a contract for services relating to the
preparation of any Plans and Specifications for any Acquisition Project shall clearly indicate that
the Developer will be the "OWNER" for purposes of the Construction Contract or contract for
such Plans and Specifications and shall include the following language: "THE WORK
WHICH IS THE SUBJECT OF THE BID IS THE SUBJECT OF AN AMENDED AND
RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER
AND INTERGOVERNMENTAL AGREEMENT AMONG DEVELOPER,
BROOKFIELD HOMES HOLDINGS LLC, THE CITY OF APACHE JUNCTION,
ARIZONA, AND SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO.
2 PURSUANT TO WHICH SUCH WORK MAY BE ACQUIRED FROM OWNER BY
SUCH COMMUNITY FACILITIES DISTRICT. THE SUCCESSFUL BIDDER WILL
NOT HAVE RECOURSE, DIRECTLY OR INDIRECTLY, TO SUCH CITY OR
COMMUNITY FACILITIES DISTRICT FOR ANY COSTS UNDER ANY CONTRACT
OR ANY LIABILITY, CLAIM OR EXPENSE ARISING THEREFROM."
(b) Each Construction Contract or contract for such Plans and
Specifications shall provide that the respective contractors shall not have recourse, directly or
indirectly, against the Municipality, the District, or other applicable governmental entity, for the
payment of any costs pursuant to such Construction Contract or contract for such Plans and
Specifications or any liability, claim or expense arising therefrom and that the Developer shall
have sole liability therefor. Notwithstanding the foregoing, each Construction Contract or
contract for Plans and Specifications shall provide for the assignment of all insurance,
warranties, guarantees and owner's rights to the District, the Municipality or other governmental
entity, as directed by the District Manager or designee, upon acquisition of the Acquisition
Project.
Section 3.4. The Developer shall provide for inspection of Work performed
under any Construction Contract by the Engineers and, if applicable the Municipality or other
applicable governmental entity. The District and, if applicable, the Municipality, shall comply
with the inspection review time periods described in A.R.S. § 48-728. In accordance with the
IGA, to the extent applicable, SMCFD and WUCFD have agreed to comply with A.R.S. § 48-
728.
Section 3.5. Any change order to any Construction Contract or contract for
Plans and Specifications shall be subject to approval by the Engineers (which approval shall not
be unreasonably withheld or delayed) and shall be certified to in the applicable Certificate of the
Engineers; provided, however, that any change order or the aggregate of any change order and
all previously approved change orders: (i) expected to increase the contract amount of a
Construction Contract in excess of ten percent (10%); (ii) for work not reasonably related to the
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scope of work in the Construction Contract; or (iii) constituting a material change to the scope of
the Project shall be the subject of the same approval requirements that a change order to a
construction contract of, as applicable, the Municipality or other applicable governmental entity
would be subject unless modified by action of the District Board and, specifically, the approval
of the District Manager.
ARTICLE IV
ACQUISITION OF ACQUISITION PROJECTS FROM THE DEVELOPER
Section 4.1. (a) Subject to the other terms of this Agreement and after the
District Board, exercising its sole discretion, approves a Report, the Developer shall sell to the
District, and the District shall acquire from the Developer, the Acquisition Project or Segments
thereof, together with (if not previously conveyed or dedicated) the Necessary Public Property,
for the Construction Costs or Segment Prices, as applicable.
(b) Acquisition of an Acquisition Project or a Segment shall be
financed only pursuant to Section 5.2 hereof.
(c) None of the District, the Municipality, or other applicable
governmental entity, shall be liable for any payment or repayment to the Developer with respect
to the Acquisition Project except as provided by this Agreement.
Section 4.2. Unless the District, in its sole discretion, agrees such real property
is to be acquired as part of the Project, the Developer or other landowner, as applicable, shall
dedicate to the District or the Municipality, as directed by the District Manager, or if directed by
the District Manager, to such other governmental entity (as applicable), without cost, all
Necessary Public Property required for the Acquisition Project or the Segment, as applicable.
The type, size and terms of such Necessary Public Property required for the Acquisition Project
shall be in accordance with the Participation Contract, the Land Development Agreement and the
Community Plan, as applicable, and otherwise shall be in compliance with the requirements for
public infrastructure projects of the Municipality, or other governmental entity, similar to the
Project. Following the conveyance or dedication of Necessary Public Property to the District,
the Municipality or other governmental entity, the District, the Municipality or other
governmental entity, as applicable, shall provide any required license or other use right in respect
of the Necessary Public Property conveyed or dedicated, as necessary to permit the construction
of all or any remaining portion of the Acquisition Project (including performing required
warranty work).
Section 4.3. The District shall pay the Construction Cost or Segment Price, as
applicable, and acquire from the Developer, and the Developer shall accept the Construction
Cost or Segment Price for and sell to the District, the applicable Acquisition Project or Segment
described in the approved Report as provided in Section 4.1 within sixty (60) days after receipt
by the District Manager of the following with respect to such Acquisition Project or Segment, in
form and substance reasonably satisfactory to the District Manager:
(a) the Certificate of the Engineers;
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(b) the Conveyance;
(c) special warranty deed, easement, map of dedication, plat or other
conveyance instrument for all Necessary Public Property, executed by an authorized officer of
the Developer or other landowner, or, if applicable, evidence that all Necessary Public Property
pertaining to the Segment or the Acquisition Project, as applicable, has been conveyed to the
District or dedicated to the Municipality or other governmental entity, as applicable, pursuant to
Section 2.5 of this Agreement;
(d) the assignment of all applicable contractors' and materialmen's
warranties and guarantees as well as payment and performance bonds;
(e) a letter of acceptance issued by the Municipality, or other
governmental entity, and by its terms subject specifically to recordation of the Conveyance
which is the subject of such letter;
(f) if applicable, executed agreements pertaining to the Developer's
maintenance obligation for such Acquisition Project or Segment; and
(g) such other documents, instruments, insurance, warranties or
approvals as may reasonably be requested by the District Manager, or as may be required by the
Municipality (if such requirements are consistent with the Land Development Agreement), or
other governmental entity, for projects similar to the Acquisition Project, including, with respect
to any real property related to the Acquisition Project or Segment, title reports and evidence
satisfactory to the District Manager that such real property does not contain environmental
contaminants, historical sites, burial grounds or other conditions which make such real property
unsuitable for its intended use or, to the extent such conditions are present, a plan satisfactory to
the District Manager which sets forth the process by which such real property will be made
suitable for its intended use and the sources of funds necessary to accomplish such purpose.
ARTICLE V
FINANCING OF COSTS OF PROJECTS
AND PLANS AND SPECIFICATIONS
Section 5.1. (a) Any amounts due pursuant to a Construction Contract
wherein the District is the "owner" for purposes of such Construction Contract shall comply with
the provisions of Article II of this Agreement.
(b) For any Construction Contract wherein the District is the
"owner" for purposes thereof, until the requirements set forth in Article II of this Agreement are
satisfied, the District shall not have any obligation to pay any amounts pertaining to any Work or
Construction Contract or Plans and Specifications relating thereto.
Section 5.2. (a) To provide for the financing of the acquisition of an
Acquisition Project or a Segment thereof as described in Article III of this Agreement, the
Developer shall submit a Report pertaining to such Acquisition Project or Segment to the District
Board for its approval, which Report the District Board may approve or reject, exercising its sole
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discretion. If the Report is rejected, explanations for the rejection shall be provided and the
Developer will be given the opportunity to address the District Board's concerns and resubmit
the Report for the District Board's consideration. Notwithstanding the approval of the Report,
the issuance of Bonds or the District's levy of taxes or assessments shall require District Board
approval, which approval or denial may be exercised by the District Board in its sole discretion.
Prior to the sale of the Bonds, the Segment Price of that Acquisition Project or Segment shall be
paid by the Developer subject to the payment terms of this Agreement.
(b) If the District's issuance of Bonds for the financing of the
acquisition of an Acquisition Project is approved, as soon as possible after the sale and delivery
of the Bonds, the amount advanced by the Developer for the Construction Cost or Segment Price
of an Acquisition Project or a Segment thereof shall, subject to the requirements of Sections 4.2
and 4.3, be paid to the Developer from, and only from, the available, unrestricted proceeds of the
sale of the Bonds to the extent only of the remaining amounts thereof(and, if applicable, cash
collections, if any, from the Assessments). The District, the Municipality, or, as applicable,
other governmental entity, shall not be liable to the Developer or any other landowner (or any
contractor or assigns under any Construction Contract) for payment of any Construction Cost or
Segment Price except to the extent available, unrestricted proceeds of the sale of the Bonds (and,
if applicable, cash collections, if any, from the Assessments) are available for such purpose, and
no representation or warranty is given that Bonds will be issued, can be sold or that sufficient
available, unrestricted proceeds from the sale of the Bonds shall be available to pay any
Construction Cost or Segment Price. In the event there are not sufficient Bond proceeds to pay
all of the Construction Cost or Segment Price, nothing contained herein shall preclude the
Developer from including the unpaid portion in a future Report or preclude the District from
including the unpaid portion in a future Bond financing.
Section 5.3. The costs of any Plans and Specifications for a Project to be
constructed by the District pursuant to Article 11 of this Agreement or for an Acquisition Project
pursuant to Article III of this Agreement, and the Construction Costs of any Acquisition Project
or Segment Price of a Segment may be paid only after: (i) the District Board's approval of a
Report submitted by the Developer, which Report the District Board may approve or reject
exercising its sole discretion; (ii) the issuance, sale and delivery of the Bonds (and while there
are remaining, available, unrestricted proceeds of the sale of the Bonds)produces Bond proceeds
sufficient to pay all Construction Costs or Segment Prices; and (iii) the receipt by the District
Manager of reasonable evidence of ownership of the Plans and Specifications including
architectural or design materials (including memorandums, notes and preliminary and final
drawings) and the related intellectual property rights (including copyright, if any) related to such
Plans and Specifications, in all media, including electronic.
Section 5.4. The District, the Municipality or, as applicable, other
governmental entity shall not be liable to the Developer or any other landowner (or any
contractor or assigns under any Construction Contract) for payment of any Construction Costs or
Segment Price or for the costs of Plans and Specifications except to the extent available,
unrestricted proceeds of the sale of the Bonds (and, if applicable, cash collections, if any, from
the Assessments) are available for such purpose, and no representation or warranty is given that
the Bonds can be sold or that sufficient, available, unrestricted proceeds from the sale of the
Bonds shall be available to pay such Construction Costs or Segment Price or the costs of such
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Plans and Specifications. In the event there are not sufficient Bond proceeds to pay all of the
Construction Costs or Segment Price, or the costs of such Plans and Specifications, nothing
contained herein shall preclude the Developer from including the unpaid portion in a future
Report or preclude the District from including the unpaid portion in a future Bond financing.
Section 5.5. If any cost component described in a Segment Price is procured or
otherwise determined with reference to the Project of which the Segment is a part, without
reference to particular Segments (e.g., Plans and Specifications), such cost shall be
proportionately allocated among the Segments comprising the Project in a manner approved by
the District Manager for purposes of determining the applicable Segment Price.
ARTICLE VI
MATTERS RELATING TO THE ASSESSMENT BONDS AND
THE GENERAL OBLIGATION BONDS AND
OTHER OBLIGATIONS OF THE DISTRICT
Section 6.1. (a) Upon dates established by the District Manager in his or
her sole discretion at the request of the Developer and in accordance with the Act, the District
Board shall consider Reports submitted by the Developer and if the District Board, exercising its
sole discretion, approves such Report, the District Board, in its sole discretion, may take all such
reasonable action necessary for the District to issue and sell, pursuant to the provisions of the
Act, the Bonds in accordance with the expected method of financing, including the nature and
timing of the issuance of the Bonds set forth in the Report.
(b) If the Assessment Bonds or the General Obligation Bonds, as
applicable, are not issued or if the available, unrestricted proceeds of the sale of the Assessment
Bonds or the General Obligation Bonds are insufficient to pay any or all of the amounts due
described in Sections 5.1(a), or 5.2(b), there shall be no recourse against the District, the
Municipality or other governmental entity for, and none of the District, the Municipality or other
governmental entity shall have liability with respect to, such amounts so due or the Construction
Costs or Segment Prices for the Acquisition Project, except from the available, unrestricted
proceeds of the sale of the Bonds, if any and as applicable. In the event there are not sufficient
Bond proceeds to pay all of the Construction Cost or Segment Price, nothing contained herein
shall preclude the Developer from including the unpaid portion in a future Report or preclude the
District from including the unpaid portion in a future Bond financing. Notwithstanding anything
contained in this Agreement, any Report or the Land Development Agreement, Bonds shall not
be issued to pay the Financeable Amount of any Project that does not meet the reimbursement
eligibility requirements set forth in Section 7.1.
(c) The District Board shall, in its sole and absolute discretion,
determine on a series by series basis the method of sale of the Bonds. The District will consider
factors such as investment grade ratings (as assigned by a nationally recognized bond rating
agency), public sale or placement and transfer restrictions, if any, at the time each series of
Bonds is sold.
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(d) All costs of issuance related to the issuance, sale and delivery of
the General Obligation Bonds and the Assessment Bonds shall be paid by Developer, unless
otherwise approved by the District Board, in its sole and absolute discretion. On a case by case
basis, the District Board may require the Developer to pay an additional amount related to an
Assessment Bond or General Obligation Bond transaction for District staff time to process the
transaction.
(e) The District may enter into agreements with the Treasurer of Pinal
County, Arizona, for the collection of ad valorem property taxes, Assessment installment
payments, and other fees and charges imposed by the District. The Developer shall consent, as
applicable, to the modification of any Assessment Bond or General Obligation Bond financing
transaction structure as necessary to comply with such collection agreement between the
Treasurer of Pinal County, Arizona, and the District, including, without limitation, agreeing to
the application of proceeds of the General Obligation Bonds and the Assessment Bonds to
capitalized interest.
(f) The District shall only levy Assessments on such portion of the
Property that is Patented in accordance with the Participation Contract.
Section 6.2. (a) The total aggregate principal amount of all of the series of
the General Obligation Bonds shall not exceed $400,000,000, during the term of this Agreement.
The General Obligation Bond authorization shall not expire, but the Developer's ability to
request reimbursement from proceeds of the sale of General Obligation Bonds is limited as
described in Article VII.
(b) A series of the General Obligation Bonds shall only be issued if the
debt service therefor is reasonably projected to be amortized from amounts generated by a tax
rate of not to exceed $3.85 per one hundred dollars ($100.00) of net assessed limited property
valuation of taxable property within the boundaries of the District as indicated on the certified
tax roll for the current tax year; provided, however, and notwithstanding the foregoing, General
Obligation Bonds may be issued if authorized by the District Board, in its sole discretion, where
a tax rate greater than $3.85 is necessary to pay the combined debt service of a proposed and any
outstanding General Obligation Bonds if other financial assurances, sources of revenue or
security acceptable to the District Board, in its sole discretion, are provided to secure the
payment of debt service on the General Obligation Bonds.
(c) For purposes of the foregoing, a delinquency factor for tax
collections equal to the greater of five percent (5%) or the historic, average, annual, percentage
delinquency factor for the District calculated at or near the time of the issuance of the General
Obligation Bonds shall be assumed; all property in the District owned by Brookfield Homes or
the Developer (including any ownership interest pursuant to the Participation Contract) or any
entity owned or controlled (as such term is used in the Securities Act) by Brookfield Homes or
the Developer shall be assigned the last certified assessed value such property had when
categorized as "vacant" for purposes of net assessed limited property valuation and the debt
service for any outstanding series of the General Obligation Bonds theretofore issued shall be
taken into account in determining whether such tax rate will produce adequate debt service tax
collections; provided, however, and without limiting the District's sole discretion pertaining to a
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decision whether to issue Bonds, the District and the Developer shall use their best efforts to
issue the first series of the General Obligation Bonds no later than necessary to have the debt
service tax rate of $3.85 appear on the first tax bill applicable to any single family residential
dwelling unit to be located within the boundaries of the District to be owned by other than
Brookfield Homes or the Developer or any entity owned or controlled (as such term is used in
the Securities Act) by Brookfield Homes or the Developer or any homebuilder to whom
Brookfield Homes or the Developer or any entity owned or controlled (as such term is used in
the Securities Act)by Brookfield Homes or the Developer sells property within the boundaries of
the District.
(d) If requested in the Report or determined to be necessary in the sole
discretion of the District Board, the "sale proceeds" of the sale of such series of General
Obligation Bonds shall include an amount sufficient to fund a debt service reserve fund, which
shall be a reserve to secure payment of debt service on that series of the General Obligation
Bonds, in an amount not to exceed the maximum amount permitted by the Internal Revenue
Code of 1986, as amended, and the Treasury Regulations applicable thereto.
(e) At the sole discretion of the District Board, until such time as all of
the Property is Patented pursuant to the Participation Contract, in connection with the issuance of
any series of General Obligation Bonds requested in a Report submitted by the Developer, the
District Board may require any such series of General Obligation Bonds to have redemption
features or final maturity dates as determined appropriate by the District Board in its sole and
absolute discretion, and further the District Board may require the projected debt service of any
such series of General Obligation Bonds to be calculated using a net assessed limited property
valuation which excludes any portion of the Property that is not Patented.
Section 6.3. (a) The District Board shall, from time to time and in its sole
discretion, take all such reasonable action necessary for the District to levy Assessments and to
issue and sell, pursuant to the provisions of the Act, the CFD Guidelines, and this Agreement,
Assessment Bonds, in an amount not to exceed the Financeable Amount. The Developer and
any landowners shall consent to and assist with necessary actions for the District to levy
Assessments and issue and sell Assessment Bonds, including, without limitation, entering into
waiver and development agreements pertaining to formation of assessment districts and levying
Assessments. The Developer's ability to request reimbursement from proceeds of the
Assessment Bonds is limited as described in Article VII. Assessments shall only be levied on
portions of the Property that have been Patented pursuant to the Participation Contract.
(b) (1) The Assessments shall be levied based on the Financeable
Amount, but in any case shall, subject to Section 6.3(d), not exceed $5,000 per single family
residential lot. Upon the request of the District, the Developer shall submit data and other
information pertaining to the expected average full cash value of the improved residential parcel,
such as comparable sales prices, per foot construction costs, or independent estimates or
appraisals.
(2) The Assessments may be levied pursuant to the procedures
prescribed by A.R.S. §§ 48-576 through 48-589, as amended, as nearly as practicable and except
as otherwise provided herein, upon all of the Assessed Property in an amount equal to the
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Financeable Amount based on the benefits to be received by and as allocated to the Assessed
Property and shall be collected pursuant to the procedures prescribed by A.R.S. §§ 48-599 and
48-600 as nearly as practicable.
(3) The Developer and any other landowners shall accept the
Assessments which are in an amount not more than the Financeable Amount against the
Assessed Property and have the Assessments allocated and recorded against the Assessed
Property; provided, however, that the District Board may modify the Assessments after the
Assessments have been assessed to correspond to subsequent changes, modifications or
subdividing of the Assessed Property but in no case shall the aggregate total of all Assessments
be reduced below a total necessary to provide for debt service for the corresponding Assessment
Bonds.
(4) In the event of nonpayment of any of the Assessments, the
procedures for collection thereof and sale of the applicable portion of the Assessed Property
prescribed by A.R.S. §§ 48-601 through 48-607 shall apply, as nearly as practicable, except that
pursuant to A.R.S. § 48-721 neither the District nor the Municipality is required to purchase any
of the Assessed Property at the sale if there is no other purchaser.
(5) Assessments on single family residential lots may be
prepaid at any time and the Assessment Bonds secured by such Assessments shall provide for
redemption on any interest payment date, without penalty or premium, unless the District
approves different prepayment terms, such approval shall be deemed granted if different
prepayment terms are set forth in approved bond proceedings. To prepay in whole or in part the
applicable portion of any of the Assessments, the following shall be paid in cash to the District:
(I) the interest on such portion to the next date Bonds may be redeemed plus (II) the unpaid
principal amount of such portion rounded up to the next highest multiple of$1,000 plus (III) any
premium due on such redemption date with respect to such portion plus (IV) any administrative,
engineering or other fees charged by the District with respect thereto.
(6) The Developer and any other landowners hereby
acknowledge that lenders and other parties involved in financing future improvements on the
Assessed Property (including mortgages for single family residences) may require that liens
associated with the Assessments (or applicable portions thereof) be paid and released prior to
accepting a lien with respect to any such financing.
(c) (1) This Agreement shall be construed to be an express consent
by the Developer and all landowners that with respect to the issuance of any Assessment Bonds
that: (I) the District may, with respect to the Assessed Property, incur costs and expenses
necessary to complete the Work and (II) the District may levy and collect the Assessments in
amounts sufficient to pay the Financeable Amount, including the Work, but not in excess of the
Financeable Amount.
(2) The mailing to the governing body of the Municipality of
the Estimate and the Plans and Specifications in the form of the Report pursuant to A.R.S.
§ 48-715, shall satisfy the filing requirements of A.R.S. § 48-577.
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(d) At the time of a limited or a private sale of the Assessment Bonds,
an appraisal prepared by an MAI appraiser must show that the bulk, wholesale value of each
parcel comprising the Assessed Property with all of the Infrastructure described in the Report,
and to be financed by the Assessment Bonds and/or for which performance bonds have been
obtained, in place as of the date of valuation has a value to lien ratio at least four (4) times as
much as the principal amount of the Assessment Bonds assessed to such parcel. In the case of a
public sale of Assessment Bonds, an appraisal prepared by an MAI appraiser must show that the
bulk, wholesale value of each parcel comprising the Assessed Property with all of the
Infrastructure described in the Report, and to be financed by the Assessment Bonds and/or for
which performance bonds have been obtained, in place as of the date of valuation has a value to
lien ratio at least six (6) times as much as the principal amount of the Assessment Bonds
assessed to such parcel.
(e) If requested in the Report or determined to be necessary in the sole
discretion of the District Board, the proceeds of the Assessment Bonds shall include an amount
sufficient to fund a reserve fund, which shall be a reserve to secure payment of debt service on
the Assessment Bonds, in an amount not to exceed the maximum amount permitted by the
Internal Revenue Code of 1986, as amended, and the Treasury Regulations applicable thereto.
Payment from such reserve shall not effect a reduction in the amount of the Assessments, and
any amount collected with respect to the Assessments thereafter shall be deposited to such
reserve to the extent the Assessments are so paid therefrom.
(f) The proceeds of the sale of the Assessment Bonds may include an
amount sufficient to fund interest accruing on such series of the Bonds in accordance with the
Act.
Section 6.4. In the event any portion of the Property is not eligible for an
Assessment for any reason, including, without limitation, a determination by the District Board
in its sole and absolute discretion, the Developer shall not assess fees or other costs against any
of the Property as an alternative to, or in lieu of, the Assessments that would otherwise be paid
by owners of the Property related to Bonds without the prior written approval of the District
Board, in its sole and absolute discretion. Provided, however, that if the fees or other costs
assessed by the Developer as an alternative to, or in lieu of, the Assessments does not exceed the
Assessments for other comparable property within the applicable Assessment District, then the
District Manager, in his or her sole and absolute discretion, may approve such fees or costs
without action by the District Board.
Section 6.5. Other than (1) this Agreement, (2) the Assessment Bonds and the
General Obligation Bonds and (3) any obligations necessary in connection with either of the
foregoing, the District shall not incur, or otherwise become obligated with respect to, any other
obligations.
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ARTICLE VII
ACCEPTANCE BY THE MUNICIPALITY AND REIMBURSEMENT ELIGIBILITY
Section 7.1. Upon satisfaction of the terms for acceptance of the Infrastructure
established by the Municipality or other applicable governmental entity and compliance with the
provisions set forth in this Agreement and in the Land Development Agreement, the
Municipality, or as applicable, other governmental entity, shall accept such Infrastructure.
Unless previously paid by the proceeds of the District's Bonds, if sufficient Bond proceeds are
available, the District shall, simultaneously with the acceptance, pay the related Project
Construction Cost or Segment Price. If sufficient Bond proceeds are not available, the
Municipality or, as applicable, other governmental entity, shall accept such Infrastructure,
subject to the right of the Developer within the immediately succeeding ten(10) years from the
date of acceptance to seek reimbursement from the District for the advance of Project
Construction Costs and/or Segment Prices made by the Developer for the benefit of the District
from future Bond proceeds; provided, if the Developer seeks reimbursement there shall be
deducted from the reimbursement amount the amount, if any, expended by the Municipality, the
District or, as applicable, the other governmental entity, for the purposes described in Section
1.7(b)(3). The Project shall be accepted by the Municipality or, as applicable, other
governmental entity, subject to the conditions pursuant to which facilities such as the Projects so
constructed are typically accepted by the Municipality or, as applicable, other governmental
entity, including for purposes of the maintenance and operation thereof, except as otherwise
provided in the Land Development Agreement, and all warranties. Unless previously dedicated
and approved for public use by the Municipality or, as applicable, other governmental entity,
after acceptance the Project or Segment shall be made available for use by the general public.
ARTICLE VIII
INDEMNIFICATION AND INSURANCE
Section 8.1. (a) Brookfield Homes and the Developer (1) shall, jointly and
severally, indemnify and hold harmless each Indemnified Party for, from and against any and all
losses, claims, damages or liabilities, joint or several, arising from any challenge or matter
relating to the formation, activities or administration of the District (including the establishment
of the Assessed Property), or the carrying out of the provisions of this Agreement (but not for
any matters which are related to infrastructure which is not part of the Infrastructure), including
particularly but not by way of limitation for any losses, claims or damages or liabilities
(A) related to the levy or collection of any tax or assessment which pays or secures any Bonds;
(B)to which any such Indemnified Party may become subject, under any statute or regulation at
law or in equity or otherwise, insofar as such losses, claims, damages or liabilities (or actions in
respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement
of a material fact set forth in any offering document relating to the Bonds, or any amendment or
supplement thereto, or arise out of or are based upon the omission or alleged omission to state
therein a material fact required to be stated therein or which is necessary to make the statement
therein, in light of the circumstances in which they were made, not misleading in any material
respect; (C) to the extent of the aggregate amount paid in any settlement of any litigation
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commenced or threatened arising from a claim based upon any such untrue statement or alleged
untrue statement or omission or alleged omission if such settlement is effected with the written
consent of Brookfield Homes and the Developer (which consent shall not be unreasonably
withheld); and (D)related to any Construction Contract or Project constructed pursuant to a
Construction Contract, including claims of any contractor, vendor, subcontractor or supplier and
(2) shall reimburse any legal or other expenses reasonably incurred by any such Indemnified
Party in connection with investigating or defending any such loss, claim, damage, liability or
action; provided, however that the foregoing shall not apply to any loss, claim, damage or
liability to the extent arising from the activities or administration of the District with respect to
any portion of the Infrastructure that has been accepted by the Municipality, or, as applicable,
other governmental entity,pursuant to Section 7.1.
(b) Section 8.1(a) shall, however, not be applicable to any of the
following:
(1) to the extent matters involve any gross negligence or
willful misconduct of any Indemnified Party,
(2) subject to Section 8.3(c), to the extent any loss, claim,
damage or liability for which and to the extent there is insurance coverage, procured for the
benefit of the District (excluding any self-insurance or coverage provided pursuant to any
insurance contracts obtained by the Municipality in the course of its normal business and not
specifically for community facilities district purposes) which names the District as an insured or
beneficiary, in order to provide insurance against the errors and omissions of the District Board
or the other representatives, agents or employees of the District and, subject to Section 8.3(c), to
the extent any loss, claim, damage or liability that is covered by any commercial general liability
insurance policy or other financial security instrument actually procured which names the
District as an insured or beneficiary. In the event that the insurance available to the Indemnified
Party is insufficient to reimburse the Indemnified Party for its actual losses, claims, damages or
liabilities, then the Indemnified Parry has a right to indemnification from Brookfield Homes and
the Developer, but only to the extent that indemnification by Brookfield Homes and the
Developer will be secondary to, and in excess of, the insurance available pursuant to this Section
8.1(b)(2) of the Indemnified Party; provided, however, that indemnification by Brookfield
Homes and the Developer will not be secondary to any available insurance procured pursuant to
Section 8.3(c) or in the event the District is otherwise unable to procure insurance because of a
breach by Brookfield Homes or the Developer to pay amounts due pursuant to Section 9.2 or
Section 9.3,
(3) to the extent any loss, claim, damage or liability arises from
or relates to defects in any Infrastructure (i) not constructed by the Developer, or (ii) constructed
by the Developer that are not known to the Developer and are discovered after any applicable
warranty period following acceptance thereof by the Municipality or, if applicable, other
governmental entity, pursuant to Section 7.1,
(4) matters arising from or involving any material breach of
this Agreement by the District or any other Indemnified Party,
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(5) the activities or administration of the District with respect
to Bonds or Infrastructure that is not the result of a Report submitted by the Developer,
(6) the levy and collection of any tax or assessment in order to
pay O/M Expenses which the Developer is not obligated to pay or any such levy and collection
in order to provide for the payment of Bonds which were not issued and sold as the result of a
Report submitted by the Developer,
(7) the offer or sale of any Bonds which are not the result of a
Report submitted by the Developer, or
(8) the claims of any contractor, vendor, subcontractor or
supplier under any Acquisition Project Construction Contract or Construction Contract which is
not initiated by, or is not the subject of an approved Report submitted by, the Developer.
(c) An Indemnified Party shall, promptly after the receipt of notice of
a written threat of the commencement of any action against such Indemnified Party in respect of
which indemnification may be sought against Brookfield Homes and the Developer, notify
Brookfield Homes and the Developer in writing of the commencement thereof and provide a
copy of the written threat received by such Indemnified Party. Failure of the Indemnified Party
to give such notice shall reduce the liability of Brookfield Homes and the Developer by the
amount of damages attributable to the failure of the Indemnified Party to give such notice to
Brookfield Homes and the Developer but the omission to notify Brookfield Homes and the
Developer of any such action shall not relieve Brookfield Homes and the Developer from any
liability that it may have to such Indemnified Party otherwise than under this section. In case
any such action shall be brought against an Indemnified Party and such Indemnified Party shall
notify Brookfield Homes and the Developer of the commencement thereof, Brookfield Homes
and the Developer may, or if so requested by such Indemnified Party shall, participate therein or
defend the Indemnified Parry therein, with counsel satisfactory to such Indemnified Party and
Brookfield Homes and the Developer (it being understood that, except as hereinafter provided,
Brookfield Homes and the Developer shall not be liable for the expenses of more than one
counsel representing the Indemnified Parties in such action), and after notice from Brookfield
Homes and the Developer to such Indemnified Party of an election so to assume the defense
thereof, Brookfield Homes and the Developer shall not be liable to such Indemnified Parry under
this section for any legal or other expenses subsequently incurred by such Indemnified Party in
connection with the defense thereof, subject to obligations of Brookfield Homes and the
Developer under Section 8.1(a) of this Agreement; provided, however, that unless and until
Brookfield Homes and the Developer defend any such action at the request of such Indemnified
Party, Brookfield Homes and the Developer shall have the right to participate at their own
expense in the defense of any such action. If Brookfield Homes and the Developer shall not
have employed counsel to defend any such action within a reasonable period of time after receipt
of written notice of such action or if an Indemnified Party shall have reasonably concluded that
there may be defenses available to it and/or other Indemnified Parties that are different from or
additional to those available to Brookfield Homes and the Developer (in which case Brookfield
Homes and the Developer shall not have the right to direct the defense of such action on behalf
of such Indemnified Party, which right may be exercised by an Indemnified Party) or to other
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Indemnified Parties, the legal and other expenses, including the expense of separate counsel,
incurred by such Indemnified Parry shall be borne by Brookfield Homes and the Developer.
Section 8.2. To the extent permitted by applicable law, the District shall
indemnify, defend and hold harmless each Indemnified Party who is not an independent
contractor for, from and against any and all liabilities, claims or demands for injury or death to
persons or damage to property arising from in connection with, or relating to the performance of
this Agreement by the District and any of its officials, officers, employees and agents. The
District shall not, however, be obligated to indemnify the District Indemnified Parties with
respect to damages caused by the negligence or willful misconduct of the District Indemnified
Parties. The District shall not indemnify, defend and hold harmless the Municipality or any
other governmental entity with respect to matters relating to public infrastructure owned by the
Municipality or any other governmental entity.
Section 8.3. (a) The District shall procure and maintain general liability and
public official liability insurance for the District and each member of the District Board with
limits of$1,000,000 per occurrence or claim, an annual aggregate liability of$3,000,000, with
defense costs not included in the limits, and terms and conditions acceptable to the Developer in
its reasonable discretion. The District shall maintain an additional $2,000,000 of excess
insurance above such primary underlying limits. The deductible associated with the insurance
obtained for the District and the members of the District Board shall not be more than $25,000
per occurrence or claim (provided that if such insurance is obtained in accordance with Section
8.3(c), the deductible associated with the insurance shall not be more than $75,000 per
occurrence). Otherwise, such insurance shall be procured in accordance with the CFD
Guidelines and may include different terms than described in this Section if approved by the
District Manager in his or her sole discretion.
(b) Subject to the provisions of Section 8.3(c), the insurance required
by Section 8.3(a) shall be primary to, and will not seek contribution from, any insurance
available to the District as an additional insured pursuant to Section 8.4. Any insurance benefit
of the District as an additional insured pursuant to Section 8.4 shall be in excess of any insurance
required by Section 8.3(a). Subject to the provisions of Section 8.3(c), if any of the
Municipality, or other applicable governmental entities expected to accept Infrastructure, qualify
as an insured under the insurances required by Section 8.3(a), then the insurances described in
Section 8.3(a) shall be primary to, and will not seek contribution from, any insurance that is
available to the Municipality or other applicable governmental entities, as an additional insured
pursuant to Section 8.4, and any insurance for the benefit of the Municipality or other applicable
governmental entity as an additional insured pursuant to Section 8.4 shall be excess of any
insurance required by Section 8.3(a). The District shall obtain all endorsements to its policies of
insurance that are needed to cause its policies to comply with this requirement.
(c) At any time when Brookfield Homes and the Developer are in
breach of their payment obligations pursuant to Section 9.2 or Section 9.3, or at any time when
no Bonds that are the result of a Report submitted by the Developer are outstanding, the District
Manager, in his or her sole discretion, may obtain the insurance required by Section 8.3(a)
through a risk retention pool available to certain political subdivisions of the State. If the District
obtains insurance through a risk retention pool, then, so long as such insurance is provided by a
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risk retention pool, Section 8.3(b) shall be of no force and effect and in no event shall any
insurance coverage provided by such risk retention pool be primary to the insurance available to
the District pursuant to Section 8.4 or the indemnification available to the District pursuant to
Section 8.1.
Section 8.4. The Developer, in connection with its development activities and
operation for development of the Property pursuant to the Participation Contract, the Land
Development Agreement, the Community Plan and this Agreement, and at its own expense, shall
maintain "occurrence" form commercial general liability insurance which names the District, the
Municipality, and other governmental entities anticipated to accept Infrastructure, with limits of
not less than $1,000,000 for each occurrence, $2,000,000 products and completed operations
aggregate, and $2,000,000 general aggregate. Proof of such insurance shall be provided to the
District Manager annually by July 1 of each calendar year as long as development activities and
operations for development of the Property pursuant to the Participation Contract, the Land
Development Agreement, the Community Plan and this Agreement are, from time to time,
occurring. In no event shall the Developer be required to maintain insurance specified in this
Section 8.4 after the District has acquired from the Developer public infrastructure from
proceeds of the sale of the General Obligation Bonds in the amount of$350,000,000.
ARTICLE IX
PAYMENT OF CERTAIN EXPENSES AND COSTS
Section 9.1. (a) To provide for expenses and costs required to administer
the General Obligation Bonds and the levy and collection of ad valorem taxes for payment of the
debt service for any General Obligation Bonds and any purposes otherwise related to such
activities of the District, amounts shall be budgeted by the District Board each Fiscal Year in the
District Budget for such purposes and may be paid from amounts available from the tax levy
described in Section 6.2(b).
(b) To provide for the payment of expenses and costs required to
administer the Assessment Bonds and the levy and collection of the Assessments and any
purposes otherwise related to such activities of the District, amounts shall be budgeted by the
District Board each Fiscal Year in the District Budget for such purposes and may be paid from
amounts collected for such purposes as a portion of the interest portion of the installments due
with respect to the Assessments.
Section 9.2. (a) To provide for the payment of the District Expenses and the
O/M Expenses, the District Board shall levy all or a portion of the O/M Tax and shall apply the
collections of the O/M Tax first to pay the District Expenses and second to pay any remaining
O/M Expenses.
(b) Provided the District has levied or will levy in the Fiscal Year the
maximum authorized tax rate for the O/M Tax, and to the extent the collections of the O/M Tax
are not sufficient to pay the District Expenses, Brookfield Homes and the Developer or, if
approved by the District Manager in his or her sole discretion, in lieu of Brookfield Homes and
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the Developer, a homeowners' association, property owners' association or similar association
(an"HOA"), shall be jointly and severally liable and obligated to pay to the District on May 1 of
each year of the District the amount of any shortfall indicated in the District Budget for the next
Fiscal Year between the projected O/M Tax revenues for the Fiscal Year and the aggregate
amount of the District Expenses for such Fiscal Year (the "Shortfall"), including any amount
required because of any Shortfall in the prior Fiscal Year as provided in such District Budget and
no matter how such Shortfall was otherwise funded. The obligation of Brookfield Homes and
the Developer, or HOA, to pay the Shortfall pursuant to this Section shall only be effective until
May I after the levy of the O/M Tax at $0.30 per $100.00 of net assessed limited property value
results in actual collections equal to or greater than $250,000 for three consecutive Fiscal Years,
and such collections are sufficient to pay all District Expenses reflected in the respective District
Budget for such three consecutive Fiscal Years. The District shall only levy the O/M Tax in an
amount necessary for the District Expenses and the O/M Expenses reflected in the District
Budget for the applicable Fiscal Year of the District and only in reasonable amounts therefor.
Section 9.3. Brookfield Homes and the Developer shall be jointly and severally
obligated to promptly deposit with the District such amounts and, at such times as are required
by the CFD Guidelines (for example, without limitation, a $60,000 initial deposit, additional
$25,000 deposits (or such other additional deposit amount approved by the District Manager or
designee not less than $5,000) from time to time, and at no time shall the balance fall below
$25,000, all as further described in the CFD Guidelines), provided, in no event shall Brookfield
Homes and the Developer be required, after the second full Fiscal Year in which the O/M Tax is
levied, to deposit amounts in excess of the estimated Shortfall, or portion thereof, which
Brookfield Homes and the Developer are obligated to pay for the next succeeding Fiscal Year.
The District shall provide written notice to Brookfield Homes and the Developer when additional
deposits are required. Upon the request of Brookfield Homes and the Developer, an accounting
will be made to Brookfield Homes and the Developer of all amounts spent for the Initial
Expenses, to date. Amounts paid pursuant to this Section by the Developer which may be
reimbursed under applicable law to the Developer from the proceeds of the sale of Bonds shall,
at the request of the Developer and to the extent of available amounts therefor, be included as
part of the uses of the Bond proceeds.
Section 9.4. (a) Within twenty (20) days of formation of the District,
Brookfield Homes and the Developer shall be jointly and severally obligated to deposit $100,000
with the District (the "O/M Reserve"). The District shall maintain the O/M Reserve in a non-
interest bearing account separate from the general operating accounts of the District.
(b) In the event Brookfield Homes and the Developer fail to pay the
amounts to the District required by Section 9.2(b) or Section 9.3, the District may apply the O/M
Reserve to Initial Expenses and District Expenses, as applicable. If the Participation Contract is
terminated, or if at any time the District applies any portion of the O/M Reserve to Initial
Expenses or District Expenses due to the nonpayment by Brookfield Homes and the Developer
described in the preceding sentence, then (i) Section 9.4(c) shall not apply, (ii) the District shall
transfer any unspent balance of the O/M Reserve to the general operating accounts of the District
and(iii) close the separate non-interest bearing account.
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(c) Not later than 180 days after all Property has been Patented in
accordance with the Participation Contract and receipt by the District of a written request from
the Developer, the District shall disburse $100,000 to the Developer, or disburse such $100,000
to Brookfield Homes at the direction of the Developer.
(d) The O/M Reserve may not be used for the payment of principal or
interest on the District's Bonds, and is not a reserve or replacement fund for federal tax law
purposes.
ARTICLE X
MISCELLANEOUS
Section 10.1. Federal Tax Law Compliance. The Municipality, the District,
Brookfield Homes and the Developer shall not knowingly take, or cause to be taken, any action
which would cause interest on any Bond to be includable in gross income for federal income tax
purposes of the Internal Revenue Code of 1986, as amended.
Section 10.2. Disclosure Statement. (a) To provide evidence satisfactory to
the District Manager that any prospective purchaser of land within the boundaries of the District
has been notified that such land is within the boundaries of the District and that the Bonds may
be then or in the future be outstanding, the Disclosure Statement shall be produced by the
Developer or each homebuilder to whom the Developer has sold land and signed by each
subsequent owner of real property in the District, and such executed Disclosure Statement shall
be provided to the District as set forth below; provided, however, that the Disclosure Statement
may be modified as necessary in the future to adequately describe the District and the Bonds and
source of payment for debt service therefor as agreed by the District Manager and the Developer
or any homebuilder to whom the Developer has sold land. The failure to provide any subsequent
owner of real property in the District the Disclosure Statement will not relieve the Developer or
any other owner of real property in the District from the payment of any District tax, assessment,
fee or charge.
(b) The Developer or each homebuilder to whom the Developer has
sold land shall:
(1) cause any purchaser of land to sign the Disclosure
Statement upon entering into a contract for purchasing such land;
(2) provide a copy of each fully executed Disclosure Statement
to be filed with the District Manager; and
(3) provide such information and documents, including audited
financial statements, to any necessary repository or depository, but only to the extent necessary
for the underwriters of the Bonds to comply with Rule 15c2-12 of the Securities Exchange Act of
1934, as amended.
(c) Any seller of a property in the District who is otherwise required to
obtain a subdivision public report as prescribed by A.R.S. § 32-2183 shall disclose to a
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prospective purchaser the existence of the District, the purpose for which the District was formed
as set forth in the resolution forming the District, the estimated tax rate and the estimated annual
tax amount that is based on applying that tax rate to a hypothetical residential property.
Section 10.3. Binding- Ems. (a) Subject to Section 10.3(b), this Agreement
shall be binding upon and shall inure to the benefit of the parties to this Agreement and their
respective legal representatives, successors and assigns and the rights, title, interest, duties,
liabilities and obligations under this Agreement are attached to and run with the Property;
provided, however, that except as provided in Section 10.3(c), none of the parties hereto shall be
entitled to assign its rights and obligations hereunder or under any document contemplated
hereby without the prior written consent of the other parties to this Agreement, which consent
shall not be unreasonably withheld.
(b) In the event of the Developer's default and forfeiture of its interest
under the Certificate of Purchase prior to the Developer acquiring all of the Property in
accordance with the Certificate of Purchase, the Developer shall, if so directed by ASLD and
without any consent or approval required from the Municipality or the District, concurrently
relinquish and assign to ASLD, coupled with an appointment of ASLD as Developer's attorney-
in-fact for such purpose, all right and interest of the Developer under this Agreement and with
respect to the District, and shall execute and deliver such further consents and documents as
ASLD may request to evidence such relinquishment and assignment. Upon Developer's
relinquishment and assignment of all right and interest of the Developer under this Agreement
and with respect to the District, Developer will be relieved of all duties, obligations, and
liabilities arising after the effective date of such relinquishment and assignment, except for any
continuing or future obligations and liabilities with respect to Bonds issued, or Projects or
Infrastructure acquired, by the District pursuant to a Report submitted by the Developer to the
District Board, and including the activities or administration of the District related thereto. The
Municipality and the District each hereby agree, in respect of ASLD's and the Developer's rights
and obligations under this Section, to take all steps necessary to accommodate the assignment
and relinquishment by the Developer. Prior to, or promptly after, such relinquishment and
assignment, the Developer shall prepare a list of Acquisition Projects or Segments thereof that
are eligible for acquisition by the District in accordance with Article IV and Article VII, and
submit such list to the District and ASLD (the "Brookji'eld ASLD 8500 Residual Project List").
Following the relinquishment and assignment described above, the Developer may submit
Reports to the District Board pertaining to Projects described in the Brookfield ASLD 8500
Residual Project List, and the District may, in its sole discretion, issue Assessment Bonds or
General Obligation Bonds to finance the acquisition of such Projects (and any Projects that were
the subject of Reports submitted by the Developer to the District Board prior to the
relinquishment and assignment described above) in accordance with Section 5.2; provided that
the proceeds of any General Obligation Bonds shall be equitably allocated, in accordance with
Section 2.7 of the Participation Contract, between the Developer and any other party or parties
eligible to receive proceeds of the General Obligation Bonds. Notwithstanding the foregoing,
the District shall not issue Bonds pertaining to Reports submitted by or on behalf of the
Developer related to Projects included in the Brookfield ASLD 8500 Residual Project List (or
Projects that were the subject of Reports submitted by the Developer to the District Board prior
to the relinquishment and assignment described above) unless Brookfield Homes and the
Developer,jointly and severally, have provided financial assurances and indemnifications to the
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District substantially similar to the financial assurances and indemnifications required from
Brookfield Homes and the Developer under this Agreement. This Section 10.3(b) shall survive
the termination of this Agreement and may not be amended, modified, supplemented, restated,
replaced, or terminated without the prior written consent of the District, the Municipality, ASLD,
Brookfield Homes and the Developer. [BROOKFIELD TO REVISE IN THE EVENT UPON A
BROOKFIELD DEFAULT OBLIGATIONS REVERT TO HORTON, OR TO OTHERWISE
REFLECT THE RIGHTS AND OBLIGATIONS CONVEYED BY HORTON TO
BROOKFIELD]
(c) To the extent applicable and subject to the Participation Contract
and Section 10.3(b), upon any bankruptcy or dissolution of the Developer, the Developer's
interest herein may be assigned by a bankruptcy judge or other court of competent jurisdiction to
a subsequent purchaser, receiver or trustee, who shall have the ability to seek reimbursement
from the District's Bonds as otherwise described herein.
Section 10.4. Acknowledgment and Effect. Each parry hereto shall, promptly
upon the request of any other, have acknowledged and delivered to the other any and all further
instruments and assurances reasonably requested or appropriate to evidence or give effect to the
provisions of this Agreement.
Section 10.5. Entire Agreement; No Exception to Title. This Agreement sets
forth the entire understanding of the parties as to the matters set forth herein as of the date this
Agreement is executed and cannot be altered or otherwise amended except pursuant to an
instrument in writing signed by each of the parties hereto; provided, however, that an amendment
signed by only the Developer and the District shall be effective against the Developer and the
District only if such amendment does not amend any right, benefit or obligation of the
Municipality and an amendment signed by the Developer, Brookfield Homes, the District and
the Municipality shall be effective against the Developer, Brookfield Homes, the District and the
Municipality, as applicable, with respect to any amendment that does amend the Municipality's
rights, benefits or obligations under this Agreement. This Agreement is intended to reflect the
mutual intent of the parties with respect to the subject matter hereof, and no rule of strict
construction shall be applied against any party. This Agreement shall not create conditions or
exceptions to title to or, except with regard to waivers, consents and other matters relating to
Assessments, covenants running with any individual lots into which the Property is subdivided.
Any title insurer can rely on this Section when issuing any commitment to insure title to any
individual lot or when issuing a title insurance policy for any individual lot. For this section
"lot" shall be any lot upon which a home or commercial building has been completely
constructed and approved to be occupied that is contained in a recorded subdivision plat that
been approved by the Municipality or any parcel of land conveyed to a public entity, such as a
school district or fire district.
Section 10.6. Diminution in Value and Land Use Laws Waiver; Development
Not Dependent on CFD Financing. (a) The Developer on behalf of itself and all other
parties having an interest in the Property, including Brookfield Homes, intends to encumber the
Property with the agreements and waivers described in this Section 10.6. Brookfield Homes and
the Developer hereby waive and release the District and the Municipality from any and all claims
under A.R.S. § 12-1134, et seq., including any right to compensation for reduction to the fair
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market value to the Property, as a result of the approval of this Agreement by the Municipality or
the District. The terms of this waiver shall run with the land and shall be binding upon all
subsequent landowners and shall survive the expiration or earlier termination of this Agreement.
(b) Brookfield Homes and the Developer acknowledge and agree that
Developer's development of the Property is not dependent upon the formation of the District or
District financing. Brookfield Homes and the Developer are not in any manner relying, to their
detriment or otherwise, on the Municipality forming the District or, if the District is formed, to
issue Bonds or, if Bonds are issued, issue any additional series of Bonds, levy any tax or
assessment, or otherwise in any manner finance the costs of any Project.
Section 10.7. Applicable Law; Venue and Jurisdiction. The terms and
conditions of this Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by the parties hereto for the purpose
of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent
jurisdiction in Pinal County, Arizona. The parties hereto hereby waive all provisions of law
providing for a change of venue in such proceeding to any other county. In the event a party
brings suit to enforce any term of this Agreement or to recover any damages for and on account
of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing
party in such action shall recover all costs including reasonable attorneys' fees, court costs,
expert witness fees, and other litigation related expenses to be determined by the court in such
action.
Section 10.8. Waivers. The waiver by any party hereto of any right granted to
it under this Agreement shall not be deemed to be a waiver of any other right granted in this
Agreement nor shall the same be deemed to be a waiver of a subsequent right obtained by reason
of the continuation of any matter previously waived under or by this Agreement.
Section 10.9. Counterpart Executions. This Agreement may be executed in
any number of counterparts, each of which, when executed and delivered, shall be deemed to be
an original, but all of which taken together shall constitute one of the same instrument. Each
party hereto shall, promptly upon the request of any other, have acknowledged and delivered to
the other any and all further instruments and assurances reasonably requested or appropriate to
evidence or give effect to the provisions of this Agreement.
Section 10.10. Cancellation Due To Conflict of Interest. The Municipality and
the District may, within three years after its execution, cancel this Agreement, without penalty or
further obligation, if any person significantly involved in initiating, negotiating, securing,
drafting or creating this Agreement on behalf of the Municipality or the District, respectively, is,
at any time while this Agreement is in effect, an employee or agent of Brookfield Homes and the
Developer in any capacity or a consultant to any other party of this Agreement with respect to
the subject matter of this Agreement and may recoup any fee or commission paid or due any
person significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of the Municipality or the District, respectively, from Brookfield Homes
and the Developer arising as the result of this Agreement. Brookfield Homes and the Developer
have not taken and shall not take any action which would cause any person described in the
preceding sentence to be or become an employee or agent of Brookfield Homes and the
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Developer in any capacity or a consultant to any party to this Agreement with respect to the
subject matter of this Agreement.
Section 10.11. Term; Expiration. The term of this Agreement shall be as of the
date of the execution and delivery hereof by each of the parties hereto and shall expire upon the
earlier of the agreement of the District, the Municipality, Brookfield Homes and the Developer to
the termination hereof, December 31, 2056, or the date on which all of the Bonds are paid in full
or defeased to the fullest extent possible pursuant to the Act.
Section 10.12. Notices. All notices, certificates or other communications
hereunder (including in the Exhibits hereto) shall be sufficiently given and shall be deemed to
have been received 48 hours after deposit in the United States mail in registered or certified form
with postage fully prepaid addressed as follows:
If to the Municipality: City of Apache Junction, Arizona
Attn: City Manager
300 E. Superstition Boulevard
Apache Junction, Arizona 85119
If to the District: Superstition Vistas Community Facilities District No. 2
c/o City of Apache Junction, Arizona
Attn: City Manager
300 E. Superstition Boulevard
Apache Junction, Arizona 85119
If to Developer: Brookfield ASLD 8500 LLC
14646 N. Kierland Road, Suite 270
Scottsdale, Arizona 85254
Attn: John Bradley
With a copy to: Snell &Wilmer L.L.P.
One Arizona Center
400 East Van Buren
Phoenix, Arizona 85020
Attn: Jody K. Pokorski, Esq.
If to Brookfield Homes: Brookfield Homes Holdings LLC
3200 Park Center Drive, Suite 1000
Costa Mesa, California 92626
Attn: Ted McKibbin
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With a copy to: Snell & Wilmer L.L.P.
One Arizona Center
400 East Van Buren
Phoenix, Arizona 85020
Attn: Jody K. Pokorski, Esq.
If to ASLD: Arizona State Land Department
Attn: State Land Commissioner
1616 W. Adams
Phoenix, Arizona 85007
With a copy to: Arizona Attorney General
Attn: Natural Resources Division
2005 N. Central Avenue
Phoenix, Arizona 85004
Any of the foregoing, by notice given hereunder, may designate different addresses to which
subsequent notices, certificates or other communications will be sent.
Section 10.13. Severability. If any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision thereof.
Section 10.14. Headings. The headings or titles of the several Articles and
Sections hereof and in the Exhibits hereto, and any table of contents appended to copies hereof
and thereof, shall be solely for convenience of reference and shall not affect the meaning,
construction or effect of this Agreement.
Section 10.15. Governing Terms. This Agreement does not relieve any party
hereto of any obligation or responsibility imposed upon it by law; provided, further, the
provisions of this Agreement shall be subject to and governed by the terms and provisions of the
terms and provisions of this Agreement and the applicable terms and provisions of the Land
Development Agreement, Community Plan and the CFD Guidelines, as provided in Section 1.2
hereof.
Section 10.16. Recording. No later than ten (10) days after this Agreement is
executed and delivered by each of the parties hereto, the Municipality shall record a copy of this
Agreement with the County Recorder of Pinal County, Arizona. Furthermore, the Municipality
shall, on behalf of Brookfield Homes, the Developer and the District, file a copy of the recorded
Agreement that contains thereon the Pinal County Recorder's Office recording information with
ASLD.
Section 10.17. Materiality and Continuing Effect. Unless otherwise expressly
provided, the representations, covenants, indemnities and other agreements contained herein
shall be deemed to be material and continuing, shall not be merged and shall survive any
conveyance or transfer provided herein.
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Section 10.18. Force Majeure. No party hereto shall be considered not to have
performed its obligations under this Agreement in the event of enforced delay (an "Enforced
Delay") due to causes beyond its control and without its fault or negligence or failure to comply
with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantines, governor's executive orders, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts
of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or
eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption,
extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any
governmental body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting the obligations
under this Agreement. In no event will an Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any reason of particular
contractors, subcontractors, vendors or investors desired by Brookfield Homes and the
Developer in connection with the obligations under this Agreement. In the event of the
occurrence of any such Enforced Delay, the time or times for performance of the obligations of
the party claiming delay shall be extended for a period of the Enforced Delay; provided,
however, that the party seeking the benefit of the provisions of this Section shall, within thirty
(30) calendar days after such party knows or should know of any such Enforced Delay, first
notify the other parties of the specific delay in writing and claim the right to an extension for the
period of the Enforced Delay; and provided further that in no event shall a period of an Enforced
Delay exceed ninety(90) calendar days.
Section 10.19. Consent. Whenever the consent or approval of any party hereto,
or of any agency therefor, shall be required under the provisions hereof, such consent or approval
shall not be unreasonably withheld, conditioned or delayed unless specifically otherwise limited
as provided herein.
Section 10.20. City Council/District Board Final Actions; Remedies and
Arbitration. (a) Notwithstanding any provision of this Agreement to the contrary,
no act, requirement, payment, or other agreed upon action to be done or performed by the
Municipality or the District shall be required to be done or performed by the Municipality or the
District, respectively, unless and until said formal action of the City Council and the District
Board, respectively, has been taken and completed. This Agreement in no way acquiesces to or
obligates the Municipality or the District to perform a legislative act.
(b) Failure or unreasonable delay by any party to perform or otherwise
act in accordance with any term or provision of this Agreement for a period of thirty (30) days
(hereinafter referred to as the "Cure Period") after written notice thereof from any other party,
shall constitute a default under this Agreement; provided, however, that if the failure or delay is
such that more than thirty (30) days would reasonably be required to perform such action or
comply with any term or provision hereof, then such party shall have such additional time as
may be necessary to perform or comply so long as such party commences performance or
compliance within said thirty (30) day period and diligently proceeds to complete such
performance or fulfill such obligation. Said notice shall specify the nature of the alleged default
and the manner in which said default may be satisfactorily cured, if possible. In the event such
37
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default is not cured within the Cure Period, any non-defaulting party shall have all rights and
remedies that are set forth in the next subsection.
(c) Except as provided in subsection (b), the parties shall be limited to
the remedies and the dispute resolution procedure set forth in this subsection and subsection (d).
Any decision rendered by the Panel (as hereinafter defined) pursuant to the provisions of
subsection(d) shall be binding on the parties unless and until a court of competent jurisdiction
renders its final decision on the disputed issue, and if any party does not abide by the decision
rendered by the Panel during the pendency of an action before the court of competent jurisdiction
or otherwise (if no court action), any other parry may institute an action for money damages on
the issues that were the subject of the Panel's decision and/or any other relief as may be
permitted by law.
(d) (1) If an event of default is not cured within the Cure Period,
any non-defaulting party may institute the dispute resolution process set forth in this subsection
(hereinafter referred to as the "Process") by providing written notice initiating the Process
(hereinafter referred to as the "Initiation Notice")to the defaulting party.
(2) Within fifteen (15) days after delivery of the Initiation
Notice, each involved party shall appoint one person to serve on an arbitration panel (herein
referred to as the "Panel"). Within twenty-five (25) days after delivery of the Initiation Notice,
the persons appointed to serve on the Panel shall themselves appoint a separate neutral person to
serve as a member of the Panel. Such person shall function as the chairman of the Panel.
(3) The remedies available for award by the Panel shall be
limited to specific performance, declaratory relief and injunctive relief.
(4) Any parry can petition the Panel for an expedited hearing if
circumstances justify it. Such circumstances shall be similar to what a court would view as
appropriate for injunctive relief or temporary restraining orders. In any event, the hearing of any
dispute not expedited shall commence as soon as practicable, but in no event later than forty-five
(45) days after selection of the chairman of the Panel. This deadline can be extended only with
the consent of all parties to the dispute or by decision of the Panel upon a showing of emergency
circumstances.
(5) The chairman of the Panel shall conduct the hearing
pursuant to the Center For Public Resources' Rules for Non-Administered Arbitration of
Business Disputes then in effect. The chairman of the Panel shall determine the nature and scope
of discovery, if any, and the manner of presentation of relevant evidence, consistent with the
deadlines provided herein, and the parties' objective that disputes be resolved in a prompt and
efficient manner. No discovery may be had of privileged materials or information. The
chairman of the Panel upon proper application shall issue such orders as may be necessary and
permissible under law to protect confidential, proprietary or sensitive materials or information
from public disclosure or other misuse. Any party may make application to the Pinal County
Superior Court (hereinafter referred to as the "Court") to have a protective order entered as may
be appropriate to confirm such orders of the chairman of the Panel.
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126
(6) The hearing, once commenced, shall proceed from business
day to business day until concluded, absent a showing of emergency circumstances. Except as
otherwise provided herein, the Process shall be governed by the Uniform Arbitration Act as
enacted in the State.
(7) The Panel shall, within fifteen (15) days from the
conclusion of any hearing, issue its decision. The decision shall be rendered in accordance with
this Agreement and the laws of the State.
(8) Any involved party may appeal the decision of the Panel to
the Court for a de novo review of the issues decided by the Panel, if such appeal is made within
thirty(30) days after the Panel issues its decision. The remedies available for award by the Court
shall be limited to specific performance, declaratory relief and injunctive relief. The decision of
the Panel shall be binding on both parties until the Court renders a binding decision. If a non-
prevailing party in the Process fails to appeal to the Court within the time frame set forth herein,
the decision of the Panel shall be final and binding. If one party does not comply with the
decision of the Panel during the pendency of the action before the Court or otherwise, then
another party shall be entitled to exercise all rights and remedies that may be available under law
or equity, including without limitation the right to institute an action for money damages related
to the default that was the subject of the Panel's decision and the provisions of this subsection
shall not apply to such an exercise of rights and remedies.
(9) All fees and costs associated with the Process before the
Panel, including without limitation the fees of the Panel, other fees, and the prevailing party's
attorneys' fees, expert witness fees and costs, shall be paid by the non-prevailing party or parties.
The determination of prevailing and non-prevailing parties, and the appropriate allocation of fees
and costs, shall be included in the decision by the Panel. Similarly, all fees and costs associated
with an appeal to the Court or any appellate court thereafter, including without limitation, the
prevailing party's attorneys' fees, expert witness fees and costs, shall be paid by the non-
prevailing party. The determination of prevailing and non-prevailing parties, and the appropriate
allocation of fees and costs, shall be included in the decision by the Court.
Section 10.21. No Boycott of Israel. To the extent applicable, each of
Brookfield Homes and the Developer certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a "boycott," as that term is defined in §
35-393, Arizona Revised Statutes, of Israel.
Section 10.22. E-verify Compliance. To the extent applicable under A.R.S. §
41-4401, each of Brookfield Homes, the Developer and their respective subcontractors warrant
compliance with all federal immigration laws and regulations that relate to their employees and
their compliance with the E-verify requirements under A.R.S. § 23-214(A). The failure by
Brookfield Homes, the Developer or their respective subcontractors' failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the District.
Section 10.23. SMCFD and WUCFD. (a) The parties to this Agreement
anticipate that certain Projects will be accepted by SMCFD (generally, sewer Projects) or
39
127
WUCFD (generally, potable and non-potable water Projects) (the "Utility Projects" or "Utility
Acquisition Project"), and not accepted by the Municipality. In connection with such Utility
Projects:
(1) SMCFD or WUCFD, as applicable, will review any Plans
and Specifications for the Utility Projects.
(2) The Utility Projects will be subject to the Public
Procurement Requirements, including the procurement policies of SMCFD or WUCFD, as
applicable, pertaining to projects similar to the Utility Projects. Construction Contracts shall be
entered into with the respondent selected in accordance with the requirements of awarding
contracts pursuant to the Public Procurement Requirements and the requirements of SMCFD or
WUCFD, as applicable.
(3) The District Manager may appoint an engineer of SMCFD
or WUCFD as the District Engineer in connection with such Utility Projects.
(4) Construction Contracts relating to such Utility Projects
shall provide that the respective contractors or vendors shall not have recourse, directly or
indirectly, to SMCFD or WUCFD, as applicable. Construction Contracts and the construction of
Utility Projects shall be in accordance with the requirements for constructing projects of SMCFD
or WUCFD, as applicable. Neither SMCFD nor WUCFD will bear any risks, liabilities,
obligations or responsibilities under any contract to prepare Plans and Specifications, under any
Construction Contract for Utility Projects, or any risk of loss of or damage to any Utility Project
(or any part thereof) occurring prior to the later of: the time of acceptance by SMCFD or
WUCFD, as applicable, or the time of acquisition by the District of such Utility Project (or part
thereof)pursuant to Article IV.
(5) With respect to any Utility Project, SMCFD or WUCFD, as
applicable, shall be named as an insured on any and all insurance policies required under the bid
specifications for procurement of the pertinent Plans and Specifications or the procurement and
contract terms of a Construction Contract, and as a third party beneficiary with respect to all
bonds, warranties and guarantees with respect to the Utility Projects. The District Manager shall
direct that any Construction Contract or Plans and Specifications for Utility Projects shall
provide for the assignment of all insurance, warranties, guarantees and owner's rights to SMCFD
or WUCFD, as applicable, upon the District's acquisition of the Utility Projects.
(6) With respect to any change order described in Section 3.5
pertaining to a Utility Project, the District Manager shall confirm compliance with the
requirements of SMCFD or WUCFD, as applicable,prior to approving such change order.
(7) With respect to the acquisition of any Necessary Public
Property in connection with Utility Projects, the type, size and terms of the Necessary Public
Property shall be in compliance with the requirements for public infrastructure projects of
SMCFD or WUCFD similar to the Utility Project. Prior to any conveyance or dedication of
Necessary Public Property to SMCFD or WUCFD, the District Manager shall confirm with
40
128
SMCFD or WUCFD as to the sufficiency of the materials received pursuant to Section 2.5. Prior
to the District Manager directing the conveyance or dedication of any Necessary Public Property
in accordance with Sections 4.2 and 4.3 pertaining to any Utility Acquisition Projects, the
District Manager shall confirm with SMCFD or WUCFD, as applicable, as to the fulfillment of
any requirements of SMCFD or WUCFD for such conveyance or dedication.
(8) Prior to the District paying the Construction Cost or
Segment Price, as applicable, and acquiring a Utility Acquisition Project or Segment, the District
Manager shall confirm fulfillment of the requirements in Section 4.3 to the satisfaction of
SMCFD or WUCFD, as applicable.
(9) For any Utility Projects to be accepted by either of SMCFD
or WUCFD, the District Manager shall, in accordance with the provisions of Section 7.1, receive
confirmation from SMCFD or WUCFD, as applicable, as to acceptance of the Utility Projects
before such Utility Projects are eligible for reimbursement from proceeds of the District's Bonds.
(b) For purposes of Article VIII, each of SMCFD and WUCFD are
anticipated to accept Infrastructure and should be named as additional insureds pursuant to
Sections 8.3 and 8.4 in connection with Utility Projects.
(c) Each of SMCFD and WUCFD shall be third-party beneficiaries of
the provisions hereof which grant rights and obligations to them.
Section 10.24. No Forced Labor of Ethnic Uyghurs. To the extent applicable
under A.R.S. § 35-394, each of Brookfield Homes and the Developer hereby certifies it does not
currently, and for the duration of this Agreement shall not use: (a) the forced labor of ethnic
Uyghurs in the People's Republic of China, (b) any goods or services produced by the forced
labor of ethnic Uyghurs in the People's Republic of China, and (c) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the
forced labor of ethnic Uyghurs in the People's Republic of China. The foregoing certifications
are made to the best knowledge of Brookfield Homes and the Developer, respectively, without
any current independent investigation or without any future independent investigation for the
duration of this Agreement. If Brookfield Homes or the Developer becomes aware during the
duration of this Agreement that it is not in compliance with such certification, Brookfield Homes
and the Developer, as applicable, shall take such actions as provided by law, including providing
the required notice to the District. If the District determines that either Brookfield Homes or the
Developer is not in compliance with the foregoing certification and has not taken remedial
action, such failure to comply with the certifications in this section shall be deemed a material
breach of this Agreement and may result in the termination of this Agreement by the District.
[THIS IS A NEW LAW EFFECTIVE SEPTEMBER 24, 2022, AND SHOULD BE INCLUDED
IF WE EXECUTE AFTER THAT EFFECTIVE DATE]
IN WITNESS WHEREOF, the officers of the Municipality and of the District
have duly affixed their signatures and attestations, and the officers of the Developer their
signatures, all as of the day and year first written above.
[Signature Pages to Follow]
41
129
42
130
CITY OF APACHE JUNCTION,ARIZONA,
a municipal corporation
By:
Walter"Chip"Wilson, Mayor
STATE OF ARIZONA )
)ss.
COUNTY OF PINAL )
The foregoing instrument was acknowledged before me this day of
, 2022, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction,
Arizona, a municipal corporation under the laws of the State of Arizona.
Notary Public
(Affix Seal Here)
ATTEST:
Jennifer Pena, City Clerk
Pursuant to A.R.S. Section 11-952(D), this
Agreement has been reviewed by the
undersigned attorney for the Municipality
who has determined that this Agreement is
in proper form and is within the powers and
authority granted pursuant to the laws of this
State to the Municipality.
Richard Joel Stern, City Attorney
[Signature Page to Amended and Restated District Development, Financing Participation,
Waiver and Intergovernmental Agreement for
Superstition Vistas Community Facilities District No. 2]
131
SUPERSTITION VISTAS COMMUNITY
FACILITIES DISTRICT NO. 2
By:
Walter "Chip" Wilson, Chairman, District
Board
STATE OF ARIZONA )
)ss.
COUNTY OF PINAL )
The foregoing instrument was acknowledged before me this day of
, 2022, by Walter "Chip" Wilson, as Chairman of the Board of Directors of
Superstition Vistas Community Facilities District No. 2, an Arizona community facilities district.
Notary Public
(Affix Seal Here)
ATTEST:
Jennifer Pena, District Clerk
Pursuant to A.R.S. Section 11-952(D), this
Agreement has been reviewed by the
undersigned attorney for the District, who
has determined that this Agreement is in
proper form and is within the powers and
authority granted pursuant to the laws of this
State to the District.
Richard Joel Stern, District Counsel
[Signature Page to Amended and Restated District Development, Financing Participation,
Waiver and Intergovernmental Agreement for
Superstition Vistas Community Facilities District No. 2]
132
DEVELOPER:
BROOKFIELD ASLD 8500 LLC,
a Delaware limited liability company
By:
Name:
Its:
By:
Name:
Its:
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20_, by , the of Brookfield
ASLD 8500 LLC, a Delaware limited liability company.
(Seal and Expiration Date)
Notary Public in and for the State of
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the of Brookfield
ASLD 8500 LLC, a Delaware limited liability company.
(Seal and Expiration Date)
Notary Public in and for the State of
[Signature Page to Amended and Restated District Development, Financing Participation,
Waiver and Intergovernmental Agreement for
Superstition Vistas Community Facilities District No. 2]
133
BROOKFIELD HOMES:
BROOKFIELD HOMES HOLDINGS LLC,
a California limited liability company
By:
Name:
Its:
By:
Name:
Its:
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20_, by , the of Brookfield
Homes Holdings LLC, a California limited liability company.
(Seal and Expiration Date)
Notary Public in and for the State of
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the of Brookfield
Homes Holdings LLC, a California limited liability company.
(Seal and Expiration Date)
Notary Public in and for the State of
[Signature Page to Amended and Restated District Development, Financing Participation,
Waiver and Intergovernmental Agreement for
Superstition Vistas Community Facilities District No. 2]
134
ACKNOWLEDGMENT AND CONSENT OF SMCFD AND WUCFD
Reference is made to that certain Amended and Restated District Development,
Financing Participation, Waiver and Intergovernmental Agreement, dated as of September _,
2022 (the "CFD Development Agreement"), by and among the City of Apache Junction, Arizona
(the "Municipality"), Superstition Vistas Community Facilities District No. 2 (the "District"),
Brookfield Homes Holdings LLC, and Brookfield ASLD 8500 LLC (the "Developer"), to which
this Acknowledgment and Consent (this "Acknowledgment and Consent") is attached. All
capitalized terms used and not otherwise defined in this Acknowledgment and Consent shall
have the meanings set forth in the CFD Development Agreement, or, as applicable, the
Intergovernmental Agreement by and among the Water Utilities Community Facilities District
(City of Apache Junction, Arizona), the Superstition Mountains Community Facilities District
No. 1, the Superstition Vistas Community Facilities District No. 1 and the Superstition Vistas
Community Facilities District No. 2 Pertaining to Community Facilities District Operations,
Infrastructure and Financings, dated as of November 30, 2021 and recorded January 24, 2022, in
the Official Records of the Pinal County Recorder as Instrument No. 2022-009053 (the "IGA").
The undersigned representatives of SMCFD and WUCFD have had the opportunity and right to
review the terms and provisions of the CFD Development Agreement and the General Plan of
the District, and, in accordance with the IGA, SMCFD and WUCFD each hereby acknowledges
and consents to the terms of Section 10.23 of the CFD Development Agreement, including,
without limitation, accepting Infrastructure acquired by the District in accordance with the CFD
Development Agreement and A.R.S. Title 48, Chapter 4, Article 6, as amended.
Dated as of September , 2022.
135
WATER UTILITIES COMMUNITY
FACILITIES DISTRICT (CITY OF APACHE
JUNCTION,ARIZONA),
an Arizona community facilities district
By:
Walter "Chip" Wilson, Chairman, Board of
Directors
STATE OF ARIZONA )
)ss.
COUNTY OF PINAL )
The foregoing instrument was acknowledged before me this day of
2022, by Walter "Chip" Wilson, as Chairman of the Board of Directors of the
Water Utilities Community Facilities District (City of Apache Junction, Arizona), an Arizona
community facilities district.
Notary Public
ATTEST:
Jennifer Pena, District Clerk
[Signature Page to Acknowledgment and Consent of SMCFD and WUCFD]
136
SUPERSTITION MOUNTAINS COMMUNITY
FACILITIES DISTRICT NO. 1,
an Arizona community facilities district
By:
Kathleen Waldron, Chairperson,
Board of Directors
STATE OF ARIZONA )
ss.
COUNTY OF PINAL )
The foregoing instrument was acknowledged before me this day of
2022, by Kathleen Waldron, as the Chairperson of the Board of Directors of
Superstition Mountains Community Facilities District No. 1, an Arizona community facilities
district.
Notary Public
[Signature Page to Acknowledgment and Consent of SMCFD and WUCFD]
137
ATTACHMENTS TO AMENDED AND RESTATED DISTRICT DEVELOPMENT,
FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT:
EXHIBIT A - Legal Description Of The Property To Be Included in the District
EXHIBIT B - Description Of Infrastructure
EXHIBIT C - Form Of Certificate Of Engineers For Conveyance Of Acquisition Project
or Segment Of Project
EXHIBIT D - Form Of Conveyance Of Acquisition Project or Segment Of Project
EXHIBIT E - Form Of Disclosure Statement
138
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
TO BE INCLUDED IN THE DISTRICT
A-1
139
Wood, Patel & Associates, Inc. January 8, 2021
480.834.3300 WP# 205166.01
www.woodpate1.com Page 1 of 4
See Exhibit"A"
PARCEL DESCRIPTION
Superstition Vistas
Brookfield Parcel
Sections 17 and 20, a portion of General Land Office(GLO) Lot 12 and a portion of the east half of
Section 18, a portion of GLO Lots 1 and 2 and a portion of the east half of Section 19, Township 1
South, Range 8 East, of the Gila and Salt River Meridian, Pinal County,Arizona, more particularly
described as follows:
BEGINNING at the northwest corner of said Section 17, a 3-inch Pinal County brass cap in
handhole, from which the north quarter corner of said Section 17, a 2 1/2-inch GLO brass cap in
concrete, bears North 89°45'04" East (basis of bearing), a distance of 2642.33 feet;
THENCE along the north line of said Section 17, North 89°45'04" East, a distance of 2642.33 feet,
to said north quarter corner;
THENCE North 89°47'06" East, a distance of 2643.88 feet,to the northeast corner of said Section
17;
THENCE leaving said north line, along the east line of said Section 17, South 00°17'17" East, a
distance of 2641.26 feet, to the east quarter corner of said Section 17;
THENCE South 00'17'39" East, a distance of 2641.38 feet,to the northeast corner of said Section
20;
THENCE leaving said east line, along the east line of said Section 20, South 00°16'25" East, a
distance of 2640.88 feet, to the east quarter corner of said Section 20;
THENCE South 00°15'30" East, a distance of 2641.53 feet, to the southeast corner of said
Section 20;
THENCE leaving said east line, along the south line of said Section 20, South 89°46'59" West, a
distance of 2643.36 feet, to the south quarter corner of said Section 20;
THENCE South 89°48'18" West, a distance of 2643.78 feet, to the southwest corner of said
Section 20;
THENCE leaving said south line, along the west line of said Section 20, North 00'17'01" West, a
distance of 2640.28 feet, to the west quarter corner of said Section 20;
THENCE North 00°17'35" West, a distance of 2641.12 feet, to the northeast corner of said
Section 19;
THENCE leaving said west line, along the north line of said Section 19, South 89°46'31" West, a
distance of 500.00 feet, to the beginning of a curve;
THENCE leaving said north line, westerly along said curve to the left, having a radius of 2500.00
feet, concave southerly, through a central angle of 22°55'06", a distance of 1000.00 feet, to the
curves end;
THENCE South 66°51'25" West, a distance of 540.51 feet, to the beginning of a curve;
THENCE westerly along said curve to the right, having a radius of 3000.00 feet, concave
northerly, through a central angle of 30°39'58", a distance of 1605.68 feet, to the curves end;
A-2
140
Legal Description January 8, 2021
Superstition Vistas WP# 205166.01
Brookfield Parcel Page 2 of 4
See Exhibit"A"
THENCE North 82028'36" West, a distance of 583.29 feet, to the northerly line of that certain
Maricopa County Flood Control District Easement, recorded in Document 2011-0619607, Pinal
County Records (PCR);
THENCE along said northerly line, North 53°29'13" East, a distance of 910.07 feet, to said north
line of Section 19;
THENCE leaving said north line, North 53°29'26" East, a distance of 4200.33 feet, to the west line
of said Section 17;
THENCE leaving said northerly line, along said west line, North 00°17'10" West, a distance of
155.64 feet, to the west quarter corner of said Section 17;
THENCE North 00°13'51" West, a distance of 2639.88 feet, to the POINT OF BEGINNING.
Containing 61,348,819 square feet or 1,408.3751 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description is based on client provided information and is located within an area
surveyed by Wood, Patel & Associates, Inc. during the month of December, 2020. Any
monumentation noted in this parcel description is within acceptable tolerance (as defined in
Arizona Boundary Survey Minimum Standards dated 02/14/2002)of said positions based on said
survey.
Y:\WP\Parcel Descnptions\2020\205166.01 Superstition Vistas Brookfield Parcel L02 01-08-21.docx !O LAND
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A-3
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A-4
142
LINE TABLE CURVE TABLE
LINE BEARING DISTANCE CURVE DELTA RADIUS ARC
L1 N89°47'06"E 2643.88' Cl 22'55'06" 2500.00' 1000.00'
L2 S00017'17"E 2641.26' C2 30039'58" 3000.00' 1605.68'
L3 S00017'39"E 2641.38'
L4 S00016'25"E 2640.88'
L5 S00015'30"E 2641.53'
L6 S89046'59"W 2643.36'
L7 S89048'18"W 2643.78'
L8 N00017'01"W 2640.28'
L9 N00017'35"W 2641.12'
L10 S89046'31"W 500.00'
L11 S66051'25"W 540.51'
L12 N82028'36"W 583.29'
L13 N53029'1YE 910.07'
L14 N53029'26"E 4200.33'
L15 N00017'10"W 155.64'
L16 N00013'51"W 2639.88'
LAND
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A-5
143
EXHIBIT B
DESCRIPTION OF INFRASTRUCTURE
(a) Sanitary sewage systems, including collection,transport, storage,
treatment, dispersal, effluent use and discharge.
(b) Drainage and flood control systems, including collection, transport,
diversion, storage, detention, retention, dispersal, use and discharge.
(c) Water systems for domestic, industrial, irrigation, municipal or fire
protection purposes, including production, collection, storage, treatment, transport, delivery,
connection and dispersal, but not including facilities for agricultural irrigation purposes unless
for the repair or replacement of existing facilities when required by other improvements
permitted by A.R.S. Title 48, Chapter 4, Article 6.
(d) Highways, streets, roadways and parking facilities, including all areas for
vehicular use for travel, ingress, egress and parking.
(e) Areas for pedestrian, equestrian,bicycle or other nonmotor vehicle use for
travel, ingress, egress and parking.
(f) Pedestrian malls, parks, recreational facilities other than stadiums, and
open space areas for the use of members of the public for entertainment, assembly and
recreation.
(g) Landscaping, including earthworks, structures, lakes and other water
features, plants, trees and related water delivery systems.
(h) Public buildings, public safety facilities and fire protection facilities.
(i) Lighting systems.
0) Traffic control systems and devices, including signals, controls, markings
and signage.
(k) Equipment, vehicles, furnishings and other personalty related to the items
listed in this Exhibit B.
(1) Any other public infrastructure now or hereafter included in the definition
of"Public Infrastructure" in A.R.S. Title 48, Chapter 4, Article 6.
(m) Operation and maintenance of the items listed in clauses (a) through and
including (1) above.
B-1
144
EXHIBIT C
FORM OF CERTIFICATE OF ENGINEERS FOR
CONVEYANCE OF ACQUISITION PROJECT
OR SEGMENT OF ACQUISITION PROJECT
CERTIFICATE OF ENGINEERS FOR CONVEYANCE OF SEGMENT OF
ACQUISITION PROJECT
(insert description of Acquisition Project/Segment)
STATE OF ARIZONA )
COUNTY OF PINAL )
CITY OF APACHE JUNCTION ) ss.
SUPERSTITION VISTAS )
COMMUNITY FACILITIES )
DISTRICT NO. 2 )
We the undersigned, being Registered Engineers in the State of Arizona and,
respectively, the duly appointed District Engineer for Superstition Vistas Community Facilities
District No. 2 (the "District"), and the engineer employed by Brookfield ASLD 8500 LLC
(hereinafter referred to as the "Developer"), each hereby certify for purposes of the Amended
and Restated District Development, Financing Participation, Waiver and Intergovernmental
Agreement, dated as of September , 2022 (the "Development Agreement"), by and among the
District, the City of Apache Junction, Arizona, Brookfield Homes Holdings LLC, a California
limited liability company, and Brookfield ASLD 8500 LLC, a Delaware limited liability
company, as the Developer, that:
1. The Acquisition Project or Segment indicated above has been completed
in substantial accordance with the Plans and Specifications (as such term and all of the other
initially capitalized terms in this Certificate are defined in the Development Agreement) and the
Acquisition Project Construction Contract (as modified by any change orders permitted by the
Development Agreement) for such Acquisition Project or Segment.
2. The Segment Price as publicly bid and including the cost of approved
change orders for such Segment is $
3. The Developer provided for compliance with the requirements for public
bidding for such Acquisition Project or Segment as required by the Agreement (including,
particularly but not by way of limitation, Title 34, Chapter 2, Article 1, Arizona Revised Statutes,
as amended) in connection with the award of the Acquisition Project Construction Contract for
such Acquisition Project or Segment.
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145
4. The Developer filed all construction plans, specifications, contract
documents, and supporting engineering data for the construction or installation of such
Acquisition Project or Segment with the District Engineer and the Municipality or other
governmental entity, as applicable.
5. The Developer obtained and has supplied to the District evidence of good
and sufficient performance and payment bonds or such other equivalent payment and
performance financial guarantees acceptable to the District Manager and the District Engineer in
connection with such Acquisition Project or Contract.
DATED AND SEALED THIS DAY OF 20 .
By
District Engineer
[P.E. SEAL]
[P.E. SEAL] By
Engineer for the Developer
[Confirmed for purposes of Section 3.5 of the
Development Agreement by
District Manager for Superstition Vistas
Community Facilities District No. 21]
[THIS WILL BE REQUIRED
FOR EVERYSEGMENT ACQUIRED
WITH PROCEEDS OF THE
SALE OF THE BONDS]
' To be inserted if the provisions of Section 3.5 of the Development Agreement are applicable to the
respective Segment of the Project.
C-2
146
EXHIBIT D
FORM OF CONVEYANCE OF SEGMENT OF ACQUISITION PROJECT
CONVEYANCE OF SEGMENT OF ACQUISITION PROJECT
(Insert description of Acquisition Project/Segment)
STATE OF ARIZONA )
COUNTY OF PINAL )
CITY OF APACHE JUNCTION ) ss.
SUPERSTITION VISTAS )
COMMUNITY FACILITIES )
DISTRICT NO. 2 )
KNOW ALL MEN BY THESE PRESENTS THAT:
Brookfield ASLD 8500 LLC (the "Developer"), in consideration of the promise to
pay [INSERT ACQUISITION PROJECT CONSTRUCTION COST OR SEGMENT PRICE, AS
APPLICABLE] to the Developer by Superstition Vistas Community Facilities District No. 2, a
community facilities district formed by the City of Apache Junction, Arizona (the
"Municipality"), and duly organized and validly existing pursuant to the laws of the State of
Arizona (the "District"), such amount in accordance with the hereinafter described Development
Agreement, does by these presents grant, bargain, sell and convey to the District, its successors
and assigns or, at the request of the District, to the Municipality [or other governmental entity],
all right, title and interest in and to the following described property, being the subject of an
Amended and Restated District Development, Financing Participation, Waiver and
Intergovernmental Agreement, dated as of September_, 2022 (the "Development Agreement"),
by and among Brookfield ASLD 8500 LLC, a Delaware limited liability company, as the
Developer, Brookfield Homes Holdings LLC, a California limited liability company, the
Municipality and the District, as follows:
[Insert description of Acquisition Project/Segment]
together with any and all benefits, including warranties and performance and payment bonds,
under the Acquisition Project Construction Contract (as such terms are defined in such
Development Agreement) or relating thereto, all of which are or shall be located within public
rights-of-way, public utility or other public easements dedicated or dedicated by map of
dedication, plat or otherwise, free and clear of any and all liens, easements, restrictions,
conditions, or encumbrances affecting the same [, such subsequent dedications not affecting the
promise of the District to hereafter pay the amounts described in such Development
D-1
147
Agreement'], but subject to all reservations in patents, all easements, rights-of-way,
encumbrances, liens, covenants, conditions and restrictions to which reference is made in the
public record including all obligations, leases, liabilities and other matters of record or as set
forth on Schedule 1 hereto (collectively, the "Property").
TO HAVE AND TO HOLD the Property, as described above, unto the
Municipality [or other governmental entity], its successors and assigns forever; and the
Developer does hereby bind itself and its successors and assigns to forever warrant and defend
the title against the acts of the Developer and no others, subject to the matters set forth above.
The Developer further binds itself and its successors and assigns to execute and
deliver at the request of the District such other or additional instruments of transfer, bills of sale,
conveyances or other instruments or documents which may be necessary or desirable to evidence
more completely or to perfect the conveyance to the District of the Property as described above,
subject to the matters set forth above.
This Conveyance is made pursuant to such Development Agreement and the
Developer hereby agrees that the amounts specified above and paid [or promised to be paid 2] to
the Developer hereunder satisfy in full the obligations of the District under such Development
Agreement and hereby releases the District from any further responsibility to make payment to
the Developer under such Development Agreement except as above provided.
The Developer, in addition to the other representations and warranties herein,
specifically makes the following representations and warranties:
1. The Developer has the full legal right and authority to make the sale,
transfer, and assignment herein provided.
2. The Developer is not a party to any written or oral contract which
adversely affects this Conveyance.
3. The Developer is not subject to any bylaw, agreement, mortgage, lien,
lease, instrument, order, judgment, decree, or other restriction of any kind or character which
would prevent the execution of this Conveyance.
4. The Developer is not engaged in or threatened with any legal action or
proceeding, nor is it under any investigation, which prevents the execution of this Conveyance.
5. The person(s) executing this Conveyance on behalf of the Developer has
full authority to do so, and no further official action need be taken by the Developer to validate
this Conveyance.
' Insert with respect to any acquisition financed pursuant to Section 5.2(a) of the Development
Agreement.
2 Insert with respect to any acquisition financed pursuant to Section 5.2(a) of the Development
Agreement.
D-2
148
6. The facilities conveyed hereunder are all located within public
rights-of-way or public utility or other public easements dedicated by deed or dedicated by map
of dedication, plat or otherwise.
IN WITNESS WHEREOF, the Developer has caused this Conveyance to be
executed and delivered this day of , 20_.
By
Title
STATE OF ARIZONA )
ss.
COUNTY OF )
This instrument was acknowledged before me on 20 by
of a on behalf of said
corporation.
Notary Public
Typed/Printed Name of Notary
(Affix Seal Here)
D-3
149
EXHIBIT E
FORM OF DISCLOSURE STATEMENT
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2
DISCLOSURE STATEMENT
Brookfield ASLD 8500 LLC, a Delaware limited liability company ("Developer"), in
conjunction with the City of Apache Junction, Arizona (the "City"), have established a
community facilities district (the "CFD")within the planned community development known as
Superstition Vistas. The CFD has financed and, in the future, will finance certain public
infrastructure improvements, which will result in a property tax liability and a separate special
assessment lien liability for each residential property owner in Superstition Vistas.
HOW THE CFD WORKS
On October 5, 2021, the Mayor and Council of the City formed the CFD consisting of
approximately 1,408 acres of land. An election was held on February 2, 2022, at which time the
owners of the property within the CFD voted to authorize up to $400,000,000 of ad valorem tax
bonds to be issued over time by the CFD to finance the acquisition or construction of public
infrastructure improvements benefitting principally land within the CFD. The proceeds of
separate special assessment bonds will be used to finance acquisition or construction of public
infrastructure improvements benefitting principally designated areas within the CFD. Such
improvements have been or will be dedicated to the City or other governmental entity upon
acquisition or construction of such public infrastructure by the CFD. The City or other
governmental entity will operate and maintain such improvements.
WHAT WILL BE FINANCED?
The CFD has been established to finance, at the request of Developer, not more than
$350,000,000 in public infrastructure improvements within the CFD, including financing
costs related to such improvements, through ad valorem tax bonds to be issued to finance the
acquisition and construction of public infrastructure benefitting principally land within the CFD.
[The CFD issued $_, ,000 of its General Obligation Bonds, Series 20_ on ,
20
In addition, a special assessment bond has been issued in the amount of$_, ,000 to finance
the acquisition of completed public infrastructure, consisting of roadway, sewer, water, storm
drain, signage, streetlight, landscape and related improvements benefitting principally the
land area depicted on Attachment 1 hereto ("Assessment District _"). The lot and
residence for which this Disclosure Statement is provided is located in Assessment District
Developer may be reimbursed from CFD bond proceeds for eligible public infrastructure
improvements for up to ten (10) years after the date of acceptance of such infrastructure by the
City or other governmental entity.
E-1
150
PROPERTY OWNERS' TAX AND ASSESSMENT LIABILITY
The obligation to retire the ad valorem tax bonds will become the responsibility of all
property owners in the CFD through the payment of ad valorem property taxes collected by the
Pinal County Treasurer in addition to all other property tax payments. The CFD has levied a
$_._per$100.00 of net assessed limited property value tax rate for the District's current fiscal
year 20_- 20 to provide for repayment of the ad valorem tax bonds. The CFD has also
levied up to a $0.30 per $100.00 of net assessed limited property value tax rate to provide
for the payment of certain administrative expenses and operation and maintenance of the
public infrastructure improvements financed by the CFD ("O/M Tax").
Although the ad valorem tax rate levied by the CFD to retire the ad valorem tax bonds is
not limited by law, beginning this fiscal year, the rate of the ad valorem tax is not expected to
exceed a rate of$3.85 per $100.00 of net assessed limited property value for as long as any
ad valorem tax bonds are outstanding. However, in the event of declining assessed values
or significant delinquencies in the collection of ad valorem taxes, the ad valorem tax rate
could increase above the rate that would generate the same levy as would have been generated
under a rate of $3.85 per $100.00 of net assessed limited property value. Accordingly,
there can be no guarantee ad valorem tax rates will not be increased, and may be
increased significantly, to provide for repayment of such ad valorem tax bonds in the
future. Developer is acquiring certain land within the boundaries of the District from the
Arizona State Land Department. Should Developer default on its obligations to the
Arizona State Land Department in connection with such land acquisition, portions of the
property within the District may revert to the Arizona State Land Department and no
longer be subject to ad valorem taxes. In such situation, the ad valorem taxes levied on
taxable property within the District, including the lot which is the subject of this
Disclosure Statement, may increase significantly above a rate of $3.85 per $100 of net
assessed limited property value. [BROOKFIELD TO REVISE AS NECESSARY TO
REFLECT RELATIONSHIP WITH ASLD AND ABILITY OF HORTON TO TAKE
REMEDIAL ACTIONS,IF ANY]
The obligation to retire the special assessment bonds issued to finance the acquisition of
the completed public infrastructure benefitting principally Assessment District_ will be
the responsibility of all property owners in Assessment District through the collection of
installments of assessment liens of $_,_00 per lot levied by the CFD. It is anticipated that
such assessment lien installment payments will be collected by the Pinal County Treasurer
through its standard ad valorem property tax collection process.
IMPACT OF ADDITIONAL CFD PROPERTY TAX AND ASSESSMENTS
The following illustrates the estimated additional annual ad valorem tax liability imposed by
the CFD, based on a range of residential values within Superstition Vistas and a combined
$4.15 tax rate for the current fiscal year 20_-20_(the $3.85 tax rate to retire the ad valorem
tax bonds plus the $0.30 O/M Tax rate):
E-2
151
Assumed Value Estimated Annual
of Residence Additional CFD Tax Liability*
$ ,000 $
$ ,000
$ ,000
$ ,000
$ ,000
$ ,000
$ ,000
*Assumptions:
1. Improved residential property assessment ratio will remain at 10%.
2. The estimated total ad valorem tax amount is computed by multiplying the$4.1 S per
$100 of assessed limited property value times the estimated limited tax rate of
property value times the improved residential property assessment ratio. The actual
limited property value is determined by the Pinal County Assessor.
The estimated annual assessment lien liability imposed by the CFD in Assessment District
in addition to the ad valorem tax liability described above, is $
Additional information regarding the description of public infrastructure improvements to
be financed by the CFD, bond issue public disclosure documents and other documents and
agreements (including a copy of this Disclosure Statement) are available for review in the City
of Apache Junction City Clerk's office.
Your signature below acknowledges that you have read this Disclosure Statement at the time
you made your decision to purchase property at Superstition Vistas and signed your purchase
contract and that you understand the property you are purchasing will be taxed and separately
assessed to pay the CFD bonds described above and issued in the future and taxed to pay
the CFD operation, administration and maintenance expenses.
Home Buyer Signature/Date Home Buyer Printed Name
IF PURCHASING JOINTLY OR OTHERWISE WITH ANOTHER PARTY:
Home Buyer Signature/Date Home Buyer Printed Name
E-3
152
Builder Name:
Parcel No.
Lot No.
UPON EXECUTION,MAIL DIRECTLY
TO: CFD DISTRICT CLERK,
CITY OF APACHE JUNCTION
300 E. SUPERSTITION BLVD
APACHE JUNCTION,AZ 85119
E-4
153
City Council Work Session
for Superstition Vistas
1. Final Plat for Reverence at Superstition Vistas Parcel 19. 1
2. Final Plat for Reverence at Superstition Vistas Parcel 19.2
3, Final Plat for Reverence at Superstition Vistas 19.12
4, Final Plat for Reverence at Superstition Vistas 19.13
5. Map of Dedication Phase 1A
City of Apache Junction
August 16, 2022
rW
-_- City of Apache Junction
LEGEND
Auction Property
= r'.6 Retained Property
r O .Apache Junction Municipal Boundary
■ Pinal County Island
. �.; t
0 0 76
Miles
■
' APACHE JUNCTION CITY LIMITS
■ _
DR Horton Brookfield o
4: DU 1 DU 2 Yy
AUCTION PROPERTY', - .+
ir
X• APPROX. 27813 ACRES
_.,.. XX CASE: P-21-50-MPC f
m
t`1
RETAINED PROPERTY 1�
APPROX. 5306 ACRES
CASE: P-21-51-MPC
24
156
TTT'i T I 1111..LJ111 1
WARNER ROAD — - •.�� /�'T
I PARCEL 19.25 / } III'Tr]l I.1�, 1 �C Y \ ,C\ `11.b0
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SINGLEfAMILY
FOR RENT
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LEGEND
!NTRY MONUMENT-MAKM
RAY ROAD-- ---.--------------— ENTRY MONUMENT-MUM
ENTRY MONUMENT-TERTIARY
BaMNG DRAINAGE STRUCRIRE 157
' t PROPOSED DRAINACE STRUCTURE(23 QTY)
Staff Recommendation
1 . Staff is supportive of all four (4) Final Plats and Map of
Dedication
• Conformance with the preliminary plat
• Conformance Auction Property MPC
• Conformance with the Superstition Vistas Master
Infrastructure Reports
3.1.3 Site Plans and Subdivision Plats
The most detailed level of planning and development review occurs with the approval for a site
plan and/or a preliminary subdivision plat. This level of planning provides site-specific details
of individual parcels and will identify land uses permitted within the site plan and/or preliminary • •
subdivision plat. Site plans shall be submitted and approved as set forth in the City Code. A
preliminary subdivision plat or site plan must demonstrate compliance with the MPC Plan and -the Development Unit Plan. Unless otherwise modified by the MPC Plan, the City's subdivision . •
standards are applicable to the development of the Property. Preliminary subdivision plats
shall be submitted to the Subdivision Committee and processed in accordance with the City's •
subdivision code. Final subdivision plats must be submitted for review and approval by the City
Council in accordance with the City's subdivision code.
�w ^I.
159
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N
FINAL PLAT00
M
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FOR ago
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LL �
— �
DEDICATION
"REVERENCE AT SUPERSTITION VISTAS - PHASE 1A - PARCEL 19 . 1 " Iwo3:
� �
STATE OF ARIZONA ) � N
)SS A RE-PLAT OF A PORTION OF TRACT A OF THE MAP OF DEDICATION
COUNTY OF PINAL ) FOR REVERENCE AT SUPERSTITION VISTAS - PHASE 1A RECORDED IN —
KNOW ALL MEN BY THESE PRESENTS: FEE NO . PINAL COUNTY RECORDS LOCATED IN THE l J LO
N
THAT AS OWNER, HAS SUBDIVIDED UNDER SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST SOLINA SECTION REVERENCE w o
RE-PLAT PLAT OF A"PORTION COFA TRACT A OF10 THE�MAP OF DEDICATION FOR AREVER REVERENCE ATQUARTER OF SECTION 30 TOWNSHIP 1 SOUTH RANGE 8 EAST O F AVENUE k17,
ROAD Q N 7 7 Q 13ir Z Q
RECORDSSUPERST LION OCATED OCATEDAN THE SOUTHWESTS - PHASE 1A CORDED QUARTEIR OFESECTION 19 AND THE NORTHWESTCOUNTY THE GILA AND SALT RIVER MERIDIAN PINAL COUNTY ARIZONA Z o APACHE z w Q x
7 7 0 JUNCTION o 0 z = w
QUARTER OF SECTION 30, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT N Ua Q 0 J — w a
RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS SHOWN AND PLATTED HEREON AND HEREBY '�
o RAY AVENUE o Q �
PUBLISHES THIS PLAT AS AND FOR THE PLAT OF "REVERENCE AT SUPERSTITION VISTAS - v PINAL z lw It
PHASE 1A - PARCEL 19.1" HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION Q � PROJECT COUNTY - N
AND GIVES THE DIMENSIONS OF THE LOTS, TRACTS, STREETS AND EASEMENTS � SITE
CONSTITUTING SAME AND THAT EACH LOT, TRACT AND STREET SHALL BE KNOWN BY THE SECTION 30
NUMBER, LETTER, OR NAME GIVEN EACH RESPECTIVELY ON SAID PLAT. r
AS OWNER, HEREBY DEDICATES TO THE
r
PUBLIC, FOR USE AS SUCH, THE STREETS AND EASEMENTS AS SHOWN ON SAID PLAT AND VICINITY MAP w
INCLUDED IN THE ABOVE DESCRIBED PREMISES. SHEET 3 TRACT A NOT TO SCALE 0
EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. T1S, R8E a z
co 00o0I- C\2c) 't �0 oNwrno � � �, � � � O
ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF rn rn rn o 0 0 0 0 0 0 0 0 0 0 SHEET 4
APACHE JUNCTION. r W
TRACT G SHANLEY AVENUE TRACT J OWNER/DEVELOPER SURVEYOR W
TRACTS A, B, C, D, E, F, G, H, I, J AND K ARE NOT TO BE CONSTRUED TO BE DEDICATED co W Q
BUT ARE DEEDED TO HOMEOWNERS' ASSOCIATION FOR ITS USE � � CO N o o 00 tl o LO � coN o z DR HORTON HILGARTWILSON, LLC < Q
TO THE PUBLIC OR CITY, 106 z z
AND ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS °j °� °� °� °� °� `�' � co ' 2141 E. HIGHLAND AVETE. 250
2525 WEST FRYE AVENUE, SUITE 100 AVE.,� a - O
' � `� � `� `� � `� `� � `� `� `� `� � � � `' `' 107 PHOENIX, ARIZONA 85016 p N
CONDITIONS AND RESTRICTIONS AND SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE CHANDLER, AZ 85224
MAINTENANCE THEREOF. 108 CONTACT: JOSE CASTILLO PHONE: (602) 490-0535 C* a0 Q
N CO Lo co co > m o C d. L � N 0 W DIVISION VICE PRESIDENT OF LAND DEVELOPMENT CONTACT: BRIAN J. BENEDICT, RLS a w
co co co co co co co > co N � �+ > 109 h PHONE: 480 791-1593 ~ z
EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, _ O O
HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE VEHICULAR 110 > J
NON-ACCESS EASEMENTS AND PUBLIC UTILITY AND FACILITY EASEMENTS, AS SHOWN ON ¢ TRACT F =TT
T RACT H SABLE AVENUE 1 1 1 J U I
THE SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF 0 �- 0 w
REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF z o o) co N o � co � v- o Z 00 N o cc 112 N BASIS OF BEARING ~ W Q
APACHE JUNCTION, IN FEE, FOR THE CITY'S USE AS PUBLIC RIGHT-OF-WAY. THE Z CO o LO LO L LO � LO LO LO LO � d' d' d' d' q a 113 _
DEDICATION OF REAL PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS ISco
A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH �
SHEET 6 cj SANDOVAL AVENUE OFS SECTION IS OF E24,INTOWNSHIP 1G IS 8'SOUVTH, RANGE ALONG H7 EAST OF THE EAST LINE E F GILA AND THE TSALT RIIVERHEAST RTER w Q Q Z
DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, TRACT A o co CO `� °j o `'� d' w MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON. CL 0 Q
REPAIR, RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT CO CO CO co co CO CO co co co d' d' d' d' d' � E� > q � z
LL
LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, STORM WATER, PIPES, CONDUIT, CABLES, SHEET 5 Q
AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND (:7�THR.� CT E BEAVER AVENUE z DEVELOPMENT SERVICES APPROVAL p
SIGNAL LINES, TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE 0 W
HYDRANTS, STREET LIGHTS, STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC t� co o o� o TRACT A � h THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS Z ui
SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND N � N � N � � � � OF THE LAND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE ANDLLI
IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, REGULATIONS AND THAT PUBLIC STREET CONSTRUCTION ASSURANCES WILL BE cc
FLOOD CONTROL, AND ALL APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. W
AND RELATED PURPOSES TO THE FOREGOING, TOGETHER WITH THE RIGHT TO ALTER W
GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED RAY AVENUE
IN A MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF
EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND THE UNRESTRICTED RIGHT OF VEHICULAR DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE
AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND ACROSS THE EASEMENT PROPERTY. SHEET INDEX
ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC UTILITY
AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL NTS MAYOR
OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS APPROVED LIENHOLDER RATIFICATION APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS
OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS PLAT STATE OF ________ ) ----- DAY DAY OF ------------------------- 20__. AND THE CITY
ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. )SS COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN ON BEHALF OF THE
IN WITNESS WHEREOF: COUNTY OF _ _____ PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER
_ ) SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT
z
THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER o
AS OWNER, HAS HEREUNDER CAUSED ITS KNOW ALL MEN BY THESE PRESENTS: RESOURCES AS HAVING AN ASSURED WATER SUPPLY.
NAME TO BE SIGNED AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF
--------------, ITS __________________________ THEREUNTO DULY THAT THE UNDERSIGNED AS BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDED IN FEE NO.
AUTHORIZED THIS _____ DAY OF_________________ _____ ________ RECORDS OF PINAL COUNTY, ARIZONA, HEREBY RATIFIES, AFFIRMS AND APPROVES BY:
THIS FINAL PLAT, THE DECLARATION OF RESTRICTIONS RECORDED CONCURRENTLY HEREWITH AND EACH =
AND EVERY DEDICATION CONTAINED HEREIN. MAYOR
i Z
BY: --------------------------------
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE SIGNED THEIR NAMES THIS ______ DAY OF ATTEST: ________________________________________ Q
20__. CITY CLERK o z
ITS:
CERTIFICATION
BY: ----------------------------------
THIS IS TO CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF ALL THE u) Q
CL
EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE D C)
ACKNOWLEDGMENT ITS: __________________________________ PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY E
CERTIFY TO ITS CORRECTNESS AND THAT ALL LOTS ARE STAKED OR WILL BE STAKED 0 U) :2
STATE OF ARIZONA ) ACKNOWLEDGMENT AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER
)SS STATE OF ARIZONA ) RECORDATION.
COUNTY OF PINAL ) )SS ~
I N
COUNTY OF PINAL ) c, ro o mON THIS _____________________ DAY OF _______________________- _____, BEFORE M E, BRIAN J. BENEDICT J N m
THE UNDERSIGNED, PERSONALLY APPEARED ------------------------------------------ RLS 32222 MATE pL _ � � Z
ON THIS --------------------- DAY OF ----------------------_, ----_, BEFORE ME, �, ti z U) o
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE THE UNDERSIGNED, PERSONALLY APPEARED HILGARTWILSON, LLC � 32222 ° o 0 0 o o ;
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN -----------------------------------------' 2141 E. HIGHLAND AVE., STE. 250 BRIAN J. � - Z >
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE BENEDICT 3: m
CONTAINED. PHOENIX, ARIZONA 85016
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN °o�P 7/5/22 •:` o Q Q 0—
P: 602.490.0535 S/ ned..•�•• Q D' Q U CK 0-
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. CONTAINED. bbenedict@hilgartwilson.com gR�ZONA.\3- = m o cn o Q
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _____________________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. o DWG. N0.
N
NOTARY PUBLIC: ____________ _____ MY COMMISSION EXPIRES: _ -----------------------------------------------------------
-------------------- SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR ' FP01
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LOT TABLE LOT TABLE LOT TABLE w N
z 00
LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) z M o
NOTES Q 0 0
LOT : 106 6,268 0.1439 LOT : 126 6,030 0.1384 LOT : 146 5,805 0.1333 -
1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF CURB �_ 3
Cz
SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION OR THE ABUTTING LOT, TRACT LOT : 107 6,030 0.1384 LOT : 127 62030 0.1384 LOT : 147 5,805 0.1333 L
OR PARCEL OWNER. w o 3
LOT : 108 5,805 0.1333 LOT : 128 6,030 0.1384 LOT : 148 5,805 0.1333 > 3
2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALL BE THE o
RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. LOT : 109 5,805 0.1333 LOT : 129 6,030 0.1384 LOT : 149 5,805 0.1333 a
LOT : 110 5,805 0.1333 LOT : 130 5,638 0.1294 LOT : 150 5,805 0.1333
3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE RESPONSIBILITY ZLo
o
OF THE HOMEOWNER'S ASSOCIATION. LOT : 111 5,805 0.1333 LOT : 131 5,603 0.1286 LOT : 151 5,805 0.1333 _ w
co
4. CONSTRUCTION WITHIN PUBLIC UTILITY FACILITY EASEMENTS SHALL BE LIMITED TO UTILITIES � � TA
REMOVABLE FENCES AND DRIVEWAYS. LOT : 112 5,805 0.1333 LOT : 132 5,603 0.1286 LOT : 152 5,805 0.1333 ® a 00
13
N
LOT : 113 5,804 0.1333 LOT : 133 5,603 0.1286 LOT : 153 5,805 0.1333 W a x
5. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN DRAINAGE TRACT TABLE J W = uj
PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS AND, EXCEPT LOT : 114 5,930 0.1361 LOT : 134 5,602 0.1286 LOT : 154 5,805 0.1333 2 o
AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER, FENCING WILL BE LIMITED TO TRACT AREA (SQ.FT) AREA (ACRES) USE w
WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER FLOW OR COLLECT LOT 115 6,030 0.1384 LOT 135 5,804 0.1333 LOT 155 5,805 0.1333 FTA
TA
DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION SHALL NOT BE PLANTED NOR ALLOWED TRACT A 463,050 10.6302 COMMON AREA & DRAINAGE N
TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION BASINS WHICH WOULD IMPEDE THE LOT : 116 6,030 0.1384 LOT : 136 51805 0.1333 LOT : 156 5,804 0.1333
FLOW OF WATER. TRACT B 4,801 0.1102 COMMON AREA & DRAINAGE
LOT : 117 6,030 0.1384 LOT : 137 5,805 0.1333 LOT : 157 6,007 0.1379 r
6. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN TRACT C 58,785 1.3495 COMMON AREA & DRAINAGE CID
T: : :LOT 118 6,030 0.1384 LOT 138 5,805 0.1333 LOT 158 6,008 0.1379
ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS' ASSOCIATION AFTER J
RECORDATION OF THE PLAT. TRACT D 16,112 0.3699 COMMON AREA & DRAINAGE LV
LOT : 119 6,030 0.1384 LOT : 139 5,805 0.1333 LOT : 159 6,008 0.1379
7. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE TRACT E 4,503 0.1034 COMMON AREA & DRAINAGE cc
LOT : 120 5,805 0.1333 LOT : 140 5,805 0.1333 LOT : 160 6,008 0.1379 a Z
RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION. SHOULD THE ASSOCIATION NOT ADEQUATELY O
MAINTAIN THEM, THE GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT F 4,503 0.1034 COMMON AREA & DRAINAGE F-
TRACT OR THE EASEMENT IS LOCATED, AT ITS DISCRETION, MAY ENTER UPON AND MAINTAIN THE LOT : 121 5,805 0.1333 LOT : 141 5,805 0.1333 LOT : 161 6,007 0.1379 � w
TRACT G 4,503 0.1034 COMMON AREA & DRAINAGE
DRAINAGE AREAS, AND CHARGE THE HOMEOWNERS' ASSOCIATION THE COST OF THE MAINTENANCE.
LOT : 122 5,805 0.1333 LOT : 142 5,805 0.1333 LOT : 162 5,805 0.1333 co w
TRACT H 4,503 0.1034 COMMON AREA & DRAINAGE
8. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY LOT : 123 5,805 0.1333 LOT : 143 5,805 0.1333 LOT : 163 5,805 0.1333 = z z
EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS TRACT 1 21,930 0.5034 COMMON AREA & DRAINAGE a O
FACILITIES IN PUFE'S ON THIS PLAT. LOT : 124 6,030 0.1384 LOT : 144 5,805 0.1333 LOT : 164 5,805 0.1333 1 Q N
TRACT J 5,792 0.1330 COMMON AREA & DRAINAGE co O Q
9. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS LOT : 125 6,030 0.1384 LOT : 145 5,805 0.1333 LOT : 165 5,805 0.1333 w, �
OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING ORDINANCE, TRACT K 283 0.0065 COMMON AREA & DRAINAGE co O~ ZO
VOL. 11, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE OVERHEAD UTILITY LOT TABLE LOT TABLE LOT TABLE > U
LINES SHALL BE PLACED UNDERGROUND. NOTES: Z w z
10. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL HAVE LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) 1. COMMON AREAS MAY INCLUDE OPEN SPACE, LANDSCAPING, PEDESTRIAN PATHS AND/OR AMENITIES. w
THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON THE
� "-d w Q
LOT : 166 5,805 0.1333 LOT : 186 5,580 0.1281 LOT : 206 5,805 0.1333 2. SPECIFIC EASEMENTS THAT ARE BEING DEDICATED AS PART OF THIS PLAT �
HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST o U
ARE FULLY DELINEATED ON THE FOLLOWING SHEETS.
AND/OR BENEFITING PROPERTIES. LOT : 167 5,805 0.1333 LOT : 187 5,580 0.1281 LOT : 207 5,805 0.1333 3. THE USES SHOWN IN THE TRACT TABLE ABOVE DO NOT INTEND TO GRANT a 0 Q
EASEMENTS THAT ARE BLANKET IN NATURE OVER THE ENTIRE TRACT. m Q
11. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY OWN LOT : 168 5,805 0.1333 LOT : 188 5,580 0.1281 LOT : 208 5,805 0.1333 Z LL
WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY THROUGH TAX I-- _Q o FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING ENTITY HAVING LOT : 169 6,030 0.1384 LOT : 189 5,805 0.1333 LOT : 209 5,805 0.1333 oc
JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, SHALL V Of
ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN INTEREST AND/OR BENEFITING LOT : 170 6,030 0.1384 LOT : 190 5,805 0.1333 LOT : 210 5,805 0.1333 Z
PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE FACILITIES, W
LANDSCAPING AND AMENITIES. LOT : 171 6,030 0.1384 LOT : 191 5,805 0.1333 LOT : 211 5,805 0.1333 W
LOT : 172 6,030 0.1384 LOT : 192 5,805 0.1333 LOT : 212 5,805 0.1333 45' MIN 45' MIN W
j I �
LOT 173 6,030 0.1384 LOT 193 5,805 0.1333 LOT 213 6,030 0.1384 16'
R/W
LOT 174 6,030 0.1384 LOT 194 5,805 0.1333 LOT 214 6,030 0.1384 16' 1� PUFE_ _ _
BC 1
LOT : 175 6,030 0.1384 LOT : 195 5,805 0.1333 LOT : 215 6,030 0.1384 1 15 sw I 1 co
m
I 1 I 1 � I
LOT 176 6,030 0.1384 LOT 196 5,825 0.1337 5' BSL 5' BSL 1
I 1 5' BSL 5' BSL�{
LOT : 177 6,030 0.1384 LOT : 197 5,805 0.1333
Z
33'X33' (2) 10'X16' c5
FLOOD ZONE DESIGNATION I I SIGHT
VISIBILITY' PARKING SPACES 1 o J
LOT 178 6,030 0.1384 LOT 198 5,805 0.1333 j IN GARAGE I z
THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED i ; i TRIANGLE I I
FACE A cn
1 0
DIRECTLY FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WEBSITE. LOT 179 5,580 0.1281 LOT 199 5,805 0.1333 1 1 OF u
HILGARTWILSON, LLC AND THE UNDERSIGNED REGISTERED PROFESSIONAL LAND j I 1 m v
� 1 GARAGE 1 0
SURVEYOR MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE LOT : 180 5,580 0.1281 LOT : 200 5,805 0.1333 j I o
FOLLOWING FLOOD ZONE DESIGNATION STATEMENT. I
LOT : 181 5,580 0.1281 LOT : 201 5,805 0.1333 - -- -------------- -- --t -1 --l-F
------------ - - -
III
THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE 'Y' WITH A DEFINITION OF: LOT : 182 5,580 0.1281 LOT : 202 5,805 0.1333 1ti L oz
0.2-PERCENT-ANNUAL-CHANCE FLOODPLAIN, AREAS OF 1-PERCENT-ANNUAL-CHANCE j 20' MIN Q
(BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT, LOT 183 5,580 0.1281 LOT 203 5,805 0.1333 � ------------__________� � m_ ____(FOR FRONT LOADING GARAGE) Q Z
AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF TYPICAL CORDER LOTT TYPICAL LOT o Q
LESS THAN 1 SQUARE MILE, OR AREAS PROTECTED FROM THE BASE FLOOD BY LEVEES. LOT : 184 5,580 0.1281 LOT : 204 5,805 0.1333 TYPICAL LOT DETAIL c
NO BFES OR DEPTHS ARE SHOWN IN THIS ZONE, AND INSURANCE PURCHASE IS NOT
REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021 CO200E, PANEL LOT 185 5,580 0.1281 LOT 205 5,805 0.1333 45' x 120' J
*MIN 13 BSL FOR LOTS THAT FRONT PUFE � Q
NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. PERIMETER SETBACK WHERE SHOWN ON PLAN CL
SCALE: N.T.S. a U
z
A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "A" WITH A DEFINITION OF: PARCEL 19.1 SITE SUMMARY TABLE cn
0
1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) FLOODPLAINS THAT ARE DETERMINED FOR
THE FLOOD INSURANCE STUDY (FIS) BY APPROXIMATE METHODS OF ANALYSIS. BECAUSE ZONING MPC oco
DETAILED HYDRAULIC ANALYSES ARE NOT PERFORMED FOR SUCH AREAS, NO BASE OVERALL GROSS AREA 1,583,501 SQ.FT. 36.3522 AC. \� FICATF� QL�
FLOOD ELEVATIONS (BFES) OR DEPTHS ARE SHOWN IN THIS ZONE. MANDATORY FLOOD OVERALL NET AREA 1,231,328 SQ.FT. 25.9231 AC. 32222 � c> `n o m
INSURANCE PURCHASE REQUIREMENTS APPLY. DESIGNATION DETERMINED BY FEMABRIAN J. J N m
TOTAL NUMBER OF LOTS 110 BENEDICT z
Lu
FLOOD ZONE MAP 04021 CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE % 7/5 22 z zo CQ o
DECEMBER 4, 2007. TOTAL NUMBER OF TRACTS 11 9R/S/9ned.••SP O O z Z
20NA U.
TOTAL LOT AREA 642,563 SQ.FT. 14.7512 AC. o a a ci-
TOTAL OPEN SPACE 588,765 SQ.FT. 13.5162 AC. 0 m Q
m o cn o a
TOTAL RIGHT OF WAY 352,173 SQ.FT. 8.0848 AC. _
OPEN SPACE PERCENTAGE 37% o DWG. N0.
N
DENSITY (DU/AC): 3.03 FP02
PER GROSS AREA
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SECTION 19, TOWNSHIP 1 M
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L1 N00°38'07"W 5.00' C1 59.00' 46°29'30" 47.87' w o
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L27 N4524'20"E 28.28' 31
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o L28 S44°35'40"E 28.28' C15 25.00' 81*05'14" 35.38' a
o EAST QUARTER CORNER - -
z SECTION 24, TOWNSHIP 1 L39 N13°05'33"E 29.32' C22 97.00' 46*18'46" 78.41'
SOUTH, RANGE 7 EAST L40 N13°05'33"E 31.94' C23 3813.00' 0°22'32" 25.00'
FOUND BRASS CAP GLO n.
LEGEND > 00
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65' R/W o FOUND MONUMENT AS NOTED M W Z Q
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\ I I PAGE __, PCR SET 1/2" REBAR W/ CAP, Tc w It
\ N89'21 '53"E 145.00' RLS 32222 OR AS NOTED N
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\ 8.00'1 w TRACT A SECTION LINE
MAP OF DEDICATION -
� „ CENTER LINE
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_ _ _ _ _ _
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ti � 8 PUFE v� N55°51'43"E . C2 �
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\ I I PUFE PUBLIC UTILITY AND FACILITIES EASEMENT oc U
\ 1 1 20 SEWER �'� o -2 J � L=6.69' VNAE VEHICLE NON-ACCESS EASEMENT W 0
\ I i EASEMENT � PCR PINAL COUNTY RECORDS co u Q
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RADIAL PUFE PUBLIC UTILITY AND FACILITIES EASEMENT U
N85°18*41"E 167.29 CURVE TABLE LINE TABLE VNAE VEHICLE NON-ACCESS EASEMENT W 0
------ PCR PINAL COUNTY RECORDS co w
CURVE N0. RADIUS DELTA LENGTH Q
LINE NO. DIRECTION LENGTH < � Q
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C3 41.00' 13*1553" 9.49' L2 S00'24'20"W 21.99' a- O
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n ^, MAP OF DEDICATION C4 59.00' 82'41'05" 85.14' L3 S89°35'40"E 58.00' APN ASSESSOR PARCEL NUMBER '
y REVERENCE AT SUPERSTITION VISTAS C12 45.00' 19°04'53" 14.99' °' a Q
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NO Co L I ro I 1 N o o �W Z a
C14o o w I oI CURVE NO. RADIUS DELTA LENGTH a x
W J Z
of N o o oI o I`> 01 10 9 , z m w
171 0 173 0 174 0 175I TRACT I o 76 0 77 N 178 N I N I c5 9610.00 0 00 09 0.44
w rl o N I� C14 "'I N � N I S89°35'40"E 129.00' w a
Q N
N N w cv 1 N I N � 00 o I Q; o } I , > j C6 10000.00' 0°39'46" 115.69' w �
CD o a_ con 1 0 0o I o 1 cn l z c o 13 PUFE o o f z zo I C7 , » N N
Icon cn 1 1 VNAE ---I I 16 �; o I of o ., I
1 I 1 J , ' 1 � 110 � o � �
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- - - , - 4.00'IXN�)
16 S89 35 40 E 129.00 1 w M vow w I "
45.00 45.00 45.00 85.00 45.00' 45.00' 45.00' R/W I I o M o Q I C9 45.00 19 04 53 14.99
� a I C16 9626.00 0°03 56 11.03 J
- 538.00' SABLE AVENUE `° fa� -} o I o �" TRACT C o ~ a W
S89°35'40"E 610.00' Ln i �I z o z �z C17 9610.00' 0°42'24" 118.54'
r 538�00' to S89°35'40"E 129.00' I w ,' 40 20 0 40 80 z
Of C18 36.00 90 00 00 56.55 a O
45.00 45.00 45.00 45.00 45.00 45.00 45.00 1 44.00 �\ ��� Lu 1 O >
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ch
1 - - - - ���� 16> > o I o1 uj SCALE: 1" = 40' U
Li w 1 c o l 1 12 0
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j 1 S89°35'40"E 129.00' I Q Q
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I
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c/' cn c' c" U' c' � 1 0 1 �� -_-_-_-_-_-_-_-_ -_�_ _ _ - SECTION 19, NORTH QUARTER TOWNSHIP 1 SOUTH, RANGE 8 > O O
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N89°35 40 W 495.00 I N O 5
45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' I I o N I � SAN_DOV 94' ° \ J RADIAL EAST CALCULATED POSITION CAP IN HAND HOLE w
AL AVENUE „� _ C17 _ � � w
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o j - 1 16 n o FOUND BRASS CAP FLUSH W
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- - - - SET 1/2 REBAR W/ CAP �
- - - - _ - - � L7 S44°57'19"W 27.08' '
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - I 17 PUFE RLS 32222 OR AS NOTED
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,
574.00 538.00 SEAVER AVENUE � �'��' 1 rn Q SECTION LINE
(ifc,`b TRACT A L9 S45°02 54 E 42.34
N89°35'40"W 731 .65' M � I - CENTER LINE
' CO \ � N I L10 S00°15'27"E 65.00'
712.90 r C9 / 1 � o z I - - - RIGHT OF WAY
45.00 45.00 45.00 45.00 45.00 45.00 45.00 1 rn o o � 3 z O I ,
- - - - - - - - - - - - - - - - - -10.06' I �� I I o (� ^ L11 S44°5719 W 35.43 PARCEL LINE
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W N N r7 � 4 4 4 4 N O � � I , » , 0
I I Z o Q I L14 N 44°35 40 W 28.28
1 �`' 17 PUFE iI O 1 o Q w o VNAE VEHICLE NON-ACCESS EASEMENT
123 121 120 I I co � z L15 N45°24'20"E 28.28' PCR PINAL COUNTY RECORDS
0 0 0 119 118 - 117 - 116 115 114 _ z
N N N ON O O O OclljN I O I W W Q
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1 VNAE I w I I L30 N00°18'14"W 16.00' O Q z
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8' PUFE
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00 \�\SM Np \ �7.98 - - - - - - - - - - - - - - - - - - - - - -1.41' o, I 1.41'- - - - - - - - - - - - - - - - - - - - TD
' f > i I 1 - - - RIGHT OF WAY
°O I V OAR\0 �RPS\P�� \-�� \ 45.00 45.00 45.00 45.00 45.00 45.00 44.00 �, O ,44.00 45.00 45.00 45.00 J
I 1\ E�� Pti 0000 \ � 321.98
- SABLE AVENUE 538.00' PARCEL LINE
i W
- - - - - - - - _ - - EASEMENT LINE
R / � S89°35 40 E 287.84 '
1 \ \ r S89°35 40 E 610.00 i co R/W RIGHT-OF-WAY Z
251.84 538.00'- 0' a O
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0 1 I \ \ o I� 1' VNAE 1.41' \ 16' 16 -1.41'� - - - - - - - - - - - - - - - - - - VNAE VEHICLE NON-ACCESS EASEMENT w
1 1 \ \ \ �� / I w 26.87 I 26.87 0
w w J 1 I \ j 1 0 1 1 R/W R/W 1 w PCR PINAL COUNTY RECORDS W
w o \ \ 6' / o 0 0 Ln I I o o o o co W
Q c� I 1 \ \ �\ Os1 I Ln L" Ln w r`' 1 1 1 1 1 I o o w o o MCR MARICOPA COUNTY RECORDS Q Q CK S rri rri raj I I ai ai = Z Z
w o z w w I \ \ '' �_ 6� w I 1 N N r? N N RLS REGISTERED LAND SURVEYOR - O
00U I \ \ 209. ,� o �, �o N
o � o w I \ \ \\ i Lfn o I I to APN ASSESSOR PARCEL NUMBER
Uw �, I 1 \ \ > 6 > o > 60 0 � 59 0 � 58 157 N 1 cc o I I� > 56 0 � 55 0 > 54 0 > 53 0 > �� o a
o z a I I �, N N N ��Nl � W I N N N N O 33 X33 SIGHT VISIBILITY EASEMENT a
W of m I 1 \\ \\ 'O 1 N N N o �I 1 = (� I I r N N N N Z
o I I- I o 0 0 0 CO O
o 0 0 � I } I o 0 0 0 - O
o I cn cn 1' VN A E i1 1 1 0 o 1 VNAE cn cn cn cn J U
0a;ujoo I I \\ \\ of 1 C) o col Z w Z
O w
\\ \\ N I N89°35'40"W 225.00' j ° o `" o N N89°35'40"W 495.00'� �
1 \ \ w I 45.00' 45.00' 45.00' 45.00' 45.00' 1 `" o o w 45.00' 45.00' 45.00' 45.00' Q
\ \ 0 45.00' 45.00' 45.00' 45.00' 45.00' I `�' C) 1 45.00' 45.00' 45.00' 45.00' CURVE TABLE _
0 r4 N (�
I I N89°46'41"E 3511.17' N 1 N N N I W Q Q
\ \ o I N o o f CURVE NO. RADIUS DELTA LENGTH a O e
I \ 01 I o c� of Q
o o `o 0 1 Z z 1 CD 0 cD 0o C10 25.00' 81*05'14" 35.38'Ln Z
`� 0 I \ \ 1 4 4 413' PUFE 1 LL
13 PUFE a; c; ° Q
Q
U � I I \ \ �o 1 I I- C11 25.00 81 0514 35.38
� Ln
1 1 \ I� 1 1 1 135 1 � 36 - � 37 � 38 a �� w
� a' '�N Q I I \ \ I� � � � � L�li I I o � � � � C19 97.00' 46°18'46" 78.41' V �
Q N co o f I \ \ > 30 0 � 3 � o � 32 0 > 33 0 > 34 N I I N o 0 0 0
N N N N N N N N Z
C' 3 W C141 1 \\ \ 1 N N N N �I 1 1 I N cv � N N C20 97.00' 46°18'46" 78.41' W
Q n
ww �^ I I \ I o 0 0 0 0 11 1 1 0 0 o o
_ ai p Lo I 1 \ o 0 0 0 1 I o o o o LJ.1
_ \ I- - 1 VNAE cn 1
c� N �oo \ \ ;Y-, cn cn cn I 16 16 1 cn cn cn cn
Y o I j \\ \ L=24.37 Ji�'� R/WIR/W �� 26.87 I
w rn oM I
o zo I I \ \ 12.79' - - - - 1 - - - - - - - - - - - -1.41' i r - - - - - - - - - 1 - - - - - -
m Z I 1 \ \\ S29°56'57"E, 45.00' 45.00' 45.00' 44.00' 1 � 6' I \,44.00' 45.00' 45.00' 45.00'
1 \\ \ 17.74' co 191.79 �o c° 574.00' 538.00'-
TRACT A \ 0' _ 157.65 - - _
of SEAVER AVENUE N89°35'40"W 731.65' 712 90' co LINE TABLE
27.84' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00'Of LINE N0. DIRECTION LENGTH
1 1 \ I rn I _ I- - - - _
- - - - - - - - - -
- - - - - - - - - -
I I \ \\ I\ L-2.17' j 1' VNAE L16 S44°35'40"E 28.28'
0 1 1 \ \ \ �� / L=33.22' 1- L o L17 N45°24'20"E 28.28' J
1 1 \\ \R\C \ `�6j I I o 0 0 0 0 0 0 o o z
C ai ai L18 N44°35'40"W 28.28' o
1;E \SS\0N � \ �``� Os�4" . 1 0 1 rr c" N H
1 1 \ �RN\A P� \ d'S L=209 / 10� o W
20' SEWER PSEM`�N R�W \ ?4' oo W L19 S45°24'20"W 28.28' <
\ E P p \ , o 129 0 128 127 126 125 124 � �23 0 122 0 = Q
I 1 EASEMENT \ / S\PEE 65,00003 \ �� i � � i� � 0 0 0 0 0 CN (n L20 N44°35'40"W 28.28'
j1 \ NO 1g \\ GAF 1 0 I ) o 0 0 0 0 0 o V L21 N45°24'20"E 28.28' o
8 PUFE \ I � Flo 0 0 0 0 0 0 0 o H-
6 5' R W 1 I \ \\ cn L-i cn cn cn cn cn N � Q z
0 0
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11 .42' \ I I 1 VNAE
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= a I \ \ EASEMENT I L 45.00- _ _ 45.00_ L _ _45.00_ _ _ 45.00_ _ _ 45.00_ _ _ 45.00_ - - Q
w `rst d' I \ I I ° S89°35'40"E '
w z o s° s�. \ S89 35 40 E 270.00
o r` z Q 06,1 �� 9.98 \ \ 1 1 8' PUFE 5 00' 180.00'Of J
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U zQ 19til 399.20 �- - - - - - - - - - - - - - - - - - _ _ CL
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DEDICATION
'REVERENCE AT SUPERSTITION VISTAS - PHASE 1A PARCEL 19 . 2 " � wo 3
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N
STATE OF ARIZONA A RE-PLAT OF A PORTION OF TRACT A OF THE MAP OF
)SS a
COUNTY OF PINAL ) DEDICATION FOR REVERENCE AT SUPERSTITION VISTAS - - -
KNOW ALL MEN BY THESE PRESENTS: PHASE 1A RECORDED IN FEE NO . , I J N
THAT _ �� AS OWNER, HAS SUBDIVIDED UNDER PINAL COUNTY RECORDS SOLINA SECTION 19 �� � �
THE NAME OF REVERENCE AT SUPERSTITION VISTAS - PHASE 1A - PARCEL 19.2 ARE-PLAT AVENUE REVERENCE o w LO
OF A PORTION OF TRACT A OF THE MAP OF DEDICATION FOR REVERENCE AT SUPERSTITION LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19 AND APACHE ROAD a 00
VISTAS - PHASE 1A RECORDED IN FEE N0.____________ PINAL COUNTY RECORDS z a JUNCTION o z Q
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 1 PROJECT o � W J Z
o SITE 0 0 z 0 o
SECTION 30, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, SOUTH , RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN , N < a � .�► � �' �� = a
PINAL COUNTY, ARIZONA, AS SHOWN AND PLATTED HEREON AND HEREBY PUBLISHES THIS < < z J w
PLAT AS AND FOR THE PLAT OF "REVERENCE AT SUPERS11TION VISTAS - PHASE 1A - PINAL COUNTY, ARIZONA 0 w RAY AVENUE z W It
PARCEL 19.2" HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION AND GIVES THE Q PINAL COUNTY N
DIMENSIONS OF THE LOTS, TRACTS, STREETS AND EASEMENTS CONSTITUTING SAME AND THAT
EACH LOT, TRACT AND STREET SHALL BE KNOWN BY THE NUMBER, LETTER, OR NAME GIVEN TRACT J SECTION 30
EACH RESPECTIVELY ON SAID PLAT. _ AS N
OWNER, HEREBY DEDICATES TO THE PUBLIC, FOR USE AS SUCH, THE STREETS AND EASEMENTS SHEET 3
AS SHOWN ON SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. Y AVENVE SHEET 4 VICINITY MAP
1. W
EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. TRACT H SNE` NOT TO SCALE V
x TRACT A T1 S, R8E
ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF — a O
APACHE JUNCTION. � � � � `� ran ' �
0) � _
TRACTS A, B, C, D, E, F, G, H, I, AND J ARE NOT TO BE CONSTRUED TO BE DEDICATED TO Ey AVENUE 2 TRACT B a
SHANL OWNER/DEVELOPER SURVEYOR W
THE PUBLIC OR CITY, BUT ARE DEEDED TO HOMEOWNERS' ASSOCIATION FOR ITS USE AND 3 co w Q
ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND 98v_j � Q
CO --a � rn--a DR HORTON HILGARTWILSON LLC a z z
RESTRICTIONS AND SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE TRACT D 99 90 89 88 87 86 85 84 83 82 ' 4 2525 WEST FRYE AVENUE, SUITE 100 2141 E. HIGHLAND AVE., STE. 250 = — 0
THEREOF. m 5 CHANDLER, AZ 85224 PHOENIX, ARIZONA 85016
R1 a p N
100 m y m m CONTACT: JOSE CASTILLO PHONE: (602) 490-0535 ' Q
6 DIVISION VICE PRESIDENT OF LAND DEVELOPMENT CONTACT: BRIAN J. BENEDICT, RLS CO W
EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, 7 73 74 75 (A, "m
HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE VEHICULAR 0 70 71 2 m PHONE: (480) 791-1593 1 ~O oz
NON-ACCESS EASEMENTS AND PUBLIC UTILITY AND FACILITY EASEMENTS, AS SHOWN ON THE 02 < 61 62 63 64 65 66 67 68 69 7 — LD
SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL SABLE AVENUE O 8 Z w Z
SA
PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE 103 9 p J
JUNCTION, IN FEE, FOR THE CITY'S USE AS PUBLIC RIGHT-OF-WAY. THE DEDICATION OF REAL 104 � y 49 48 47 46 45 BASIS OF BEARING O w
PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A 55 54 53 52 51 50 10 w Q
PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION INCLUDING THE TRACT I 105 m 60 59 58 57 56
11 -TRACT E BASIS OF BEARING IS N00°38'07"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER p U
FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER CC < <
SANDOVAL VENUE `� W o �
REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED T0, WATER, 4 12 MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON. a W <
WASTEWATER, GAS, ELECTRIC, STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING TRACT C 3839
404142434
29 30 31 32 33 34 35 36 37
28 CO z
EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND SIGNAL LINES, <
TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET 27 SEAVER AVENUE a p
IL
LIGHTS, STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND TRACT A DEVELOPMENT SERVICES APPROVAL W w
SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM I 15 14 13
DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES TO 25 24 23 22 21 120 19 18 17 16 THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF Z
26 ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, TRACT A I THE LAND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND W�
TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT I REGULATIONS AND THAT PUBLIC STREET CONSTRUCTION ASSURANCES WILL BE PROVIDED W
GROUND LEVEL SHALL NOT BE ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION, SHEET 6 PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. >
MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND THE RAY AVENUE LLJ
UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND SHEET 5
ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS ----------------------------------------------------------
TO USE THE PUBLIC UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE
ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS
APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS SHEET INDEX MAYOR
PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. NTS APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS
LIENHOLDER RATIFICATION _----- DAY of ------------------------- 20__. AND THE CITY
IN WITNESS WHEREOF: STATE OF ________ ) COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN ON BEHALF OF THE
J
PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER
AS OWNER, HAS HEREUNDER CAUSED ITS )SS SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT
NAME TO BE SIGNED AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF COUNTY OF 0
THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER
co
ITS __________________________ THEREUNTO DULY AUTHORIZED RESOURCES AS HAVING AN ASSURED WATER SUPPLY.
THIS _____ DAY OF_________________, ------ KNOW ALL MEN BY THESE PRESENTS:
CD
THAT THE UNDERSIGNED AS BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDED IN FEE N0. BY: J
------------------------------------------- _
RECORDS OF PINAL COUNTY, ARIZONA, HEREBY RATIFIES, AFFIRMS AND APPROVES MAYOR
BY: ________________________________ THIS FINAL PLAT, THE DECLARATION OF RESTRICTIONS RECORDED CONCURRENTLY HEREWITH AND EACH 0 0
41
AND EVERY DEDICATION CONTAINED HEREIN. ATTEST: ____________________________________ Z
ITS: ---------------------------------- CITY CLERK 0 c�
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE SIGNED THEIR NAMES THIS ______ DAY OF Y
----------- 20_
o a
ACKNOWLEDGMENT
STATE OF ARIZONA ) CERTIFICATION J
cn <
)SS BY: THIS IS TO CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF ALL THE C/) CL
COUNTY OF PINAL ) EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE Q C)
ITS: PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY I- :D
ON THIS _____________________ DAY OF ------------------------ _____, BEFORE ME, CERTIFY TO ITS CORRECTNESS AND THAT ALL LOTS ARE STAKED OR WILL BE STAKED
THE UNDERSIGNED, PERSONALLY APPEARED ------------------------------------------ AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER cn
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ACKNOWLEDGMENT RECORDATION.
N
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN STATE OF ARIZONA ) LO N m
CONTAINED.
)SS
BRIAN J. BENEDICT L J w w m
COUNTY OF PINAL ) ��, z z 0 c� o
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. RLS 32222 \� �� FICATFN �� 0 0 z w
HILGARTWILSON, LLC L `' 32222 ° o J Z z 0
ON THIS _____________________ DAY OF _______________________- _____, BEFORE ME, r � � w
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: ______________ 2141 E. HIGHLAND AVE., STE. 250 BRIAN J. � � w m
THE UNDERSIGNED, PERSONALLY APPEARED ------------------------------------------ BENEDICT � 0 < < m
PHOENIX, ARIZONA 85016 a Q o' < C Of m
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE °te 6/30/22: ` J o � o <
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN b 602.490.0535 R/S�gned.••'S
q P =
bbenedictQhilgartwilson.com ZONA,��
CONTAINED. N DWG. N0.
0
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. N� FP01
-----------------------------------------------------------
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _____________________
SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR
0
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U:\1600\1635\SURVEY\PLAT\PARCEL B (PARCEL 19.2)\1635—PB—FP01.dwg 6/29/2022 10:11 AM
NOTES LOT TABLE LOT TABLE LOT TABLE W cn
1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK N
OF CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION OR THE LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) z M
ABUTTING LOT, TRACT OR PARCEL OWNER. N 0
`� N
LOT : 1 7,553 0.1734 LOT : 21 6,482 0.1488 LOT : 41 6,616 0.1519
2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALLLo Cc
0
m_
BE THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. LOT : 2 6,593 0.1514 LOT : 22 6,473 0.1486 LOT : 42 6,534 0.1500 � 1p
} o �
3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE LOT : 3 6,779 0.1556 LOT : 23 6,725 0.1544 LOT : 43 6,522 0.1497
RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. LOT : 4 6,764 0.1553 LOT : 24 6,722 0.1543 LOT : 44 6,642 0.1525
a
4. CONSTRUCTION WITHIN PUBLIC UTILITY FACILITY EASEMENTS SHALL BE LIMITED TO LOT : 5 6,731 0.1545 LOT : 25 6,722 0.1543 LOT : 45 6,145 0.1411
UTILITIES, REMOVABLE FENCES AND DRIVEWAYS. �z 0
LOT : 6 6,450 0.1481 LOT : 26 6,722 0.1543 LOT : 46 6,401 0.1469 w
5. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN
DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT LOT : 7 6,450 0.1481 LOT : 27 8,365 0.1920 LOT : 47 6,388 0.1467 TRACT TABLE o a Lo
PLANS AND, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER, N
FENCING WILL BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT LOT : 8 6,450 0.1481 LOT : 28 6,759 0.1552 LOT : 48 6,470 0.1485 Mae z
TRACT AREA (SQ.FT.) AREA (ACRES) USE a X
IMPEDE WATER FLOW OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. ,i W = Z
VEGETATION SHALL NOT BE PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS LOT : 9 6,700 0.1538 LOT : 29 6,657 0.1528 LOT : 49 6,150 0.1412 2 a
EASEMENTS OR RETENTION BASINS WHICH WOULD IMPEDE THE FLOW OF WATER. ' ' ' TRACT A 208,229 4.7803 COMMON AREA & DRAINAGE 13 uj
-
z
LOT : 10 6,700 0.1538 LOT : 30 6,602 0.1516 LOT : 50 6,485 0.1489 TRACT B 6,752 0.1550 COMMON AREA & DRAINAGE 1: w ITA t
6. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED N
IN ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS' LOT : 11 6,700 0.1538 LOT : 31 6,611 0.1518 LOT : 51 6,509 0.1494 TRACT C 10,812 0.2482 COMMON AREA & DRAINAGE
ASSOCIATION AFTER RECORDATION OF THE PLAT. LOT : 12 6,687 0.1535 LOT : 32 6,611 0.1518 LOT : 52 6,497 0.1491
TRACT D 4,522 0.1038 COMMON AREA & DRAINAGE N
7. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL W
1492 500 0 1515 LOT 599 0 53 6 .1510 LOT 578 0. 33 6, . ,
: : : r
BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION. SHOULD THE ASSOCIATION LOT 13 6,
TRACT E 4,523 0.1038 COMMON AREA & DRAINAGE J
NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING ENTITY HAVING JURISDICTION OVER LOT : 14 6,734 0.1546 LOT : 34 6,574 0.1509 LOT : 54 6,517 0.1496 W
THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, AT ITS DISCRETION, TRACT F 12,003 0.2756 PARK, COMMON AREA & DRAINAGE 0
MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND CHARGE THE LOT : 15 6,744 0.1548 LOT : 35 6,570 0.1508 LOT : 55 6,513 0.1495 z
HOMEOWNERS' ASSOCIATION THE COST OF THE MAINTENANCE. TRACT G 4,522 0.1038 COMMON AREA & DRAINAGE a 0
LOT : 16 6,744 0.1548 LOT : 36 6,587 0.1512 LOT : 56 6,488 0.1489 ' ~
TRACT H 185,750 4.2642 COMMON AREA & DRAINAGE 0
8. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY a Ld
EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND LOT : 17 6,727 0.1544 LOT : 37 6,590 0.1513 LOT : 57 6,476 0.1487 TRACT I 2,290 0.0526 COMMON AREA & DRAINAGE LLI w
SOUTHWEST GAS FACILITIES IN PUFE S ON THIS PLAT. co
LOT : 18 6,723 0.1544 LOT : 38 6,578 0.1510 LOT : 58 6,475 0.1487 TRACT J 7,812 0.1793 COMMON AREA & DRAINAGE = z z
9. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE a O
LOT : 19 6,474 0.1486 LOT : 39 6,601 0.1515 LOT : 59 6,485 0.1489 � Q UNDERGROUNDED AS OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND NOTES: n
EQUIPMENT, ZONING ORDINANCE, VOL. II, APACHE JUNCTION CITY CODE. ALL EXISTING LOT : 20 6,480 0.1488 LOT : 40 6,279 0.1441 LOT : 60 6,525 0.1498 1. COMMON AREAS MAY INCLUDE OPEN SPACE, LANDSCAPING, co 0 Q �L
AND PROPOSED ONSITE OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. PEDESTRIAN PATHS AND/OR AMENITIES. � Z
2. SPECIFIC EASEMENTS THAT ARE BEING DEDICATED AS PART OF Co O O
10. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT THIS PLAT ARE FULLY DELINEATED ON THE FOLLOWING SHEETS. > J U
SHALL HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE LOT TABLE LOT TABLE LOT TABLE 3. THE USES SHOWN IN THE TRACT TABLE ABOVE DO NOT Z L z
FINAL PLAT ON THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND INTEND TO GRANT EASEMENTS THAT ARE BLANKET IN NATURE O L
SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) OVER THE ENTIRE TRACT. L Q
11. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT LOT : 61 6,675 0.1532 LOT : 81 5,245 0.1204 LOT : 101 6,500 0.1492 < Q
THEY OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE W 0 z
PROPERTY THROUGH TAX FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR LOT : 62 6,591 0.1513 LOT : 82 6,488 0.1489 LOT : 102 6,500 0.1492 Q
THE GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR co z
THE EASEMENT IS LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY LOT : 63 6,573 0.1509 LOT : 83 6,473 0.1486 LOT : 103 6,500 0.1492 11-- Q IL
SUCCESSOR IN INTEREST AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE a
OF ALL IMPROVEMENTS, DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. LOT : 64 6,577 0.1510 LOT : 84 6,472 0.1486 LOT : 104 6,500 0.1492 V
LOT : 65 6,603 0.1516 LOT : 85 6,477 0.1487 LOT : 105 6,552 0.1504 j 140' MIN 40' MIN w
LOT : 66 6,614 0.1518 LOT : 86 6,488 0.1490 16' j W
R/W >
W
LOT 67 6,619 0.1520 LOT 87 6,514 0.1495 j , 13' PUFE
- - - - -
LOT : 68 6,618 0.1519 LOT : 88 6,518 0.1496 BC ,
FLOOD ZONE DESIGNATION
LOT : 69 6'603 0.1516 LOT : 89 6'501 0.1492 j 1
5 SW
THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED ' I 5' BSL I I 5' BSL
DIRECTLY FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WEBSITE. LOT 70 6,681 0.1534 LOT : 90 6,514 0.1495 5' BSL I 5' BSL
HILGARTWILSON LLC AND THE UNDERSIGNED REGISTERED PROFESSIONAL LAND
z
SURVEYOR MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE LOT 71 6,703 0.1539 LOT : 91 6,486 0.1489 j ' 33X33' (2) 10'X16' 1
SIGHT PARKING SPACES 1 0
FOLLOWING FLOOD ZONE DESIGNATION STATEMENT. I VISIBILITY IN GARAGE
LOT : 72 6,711 0.1541 LOT : 92 6,486 0.1489
TRIANGLE i I I
THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE 'Y' WITH A DEFINITION OF: j ; I FACE 1 w 0
LOT 73 6 726 0.1544 LOT 93 6,486 0.1489 J 1 OF I G_ o
0.2-PERCENT-ANN UAL-CHANCE FLOODPLAIN, AREAS OF 1-PERCENT-ANNUAL-CHANCE I �, GARAGE mcn
(BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT, LOT : 74 6,748 0.1549 LOT : 94 6,493 0.1491 I m vv ybt
o F/r/�/�r 1
AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF Q
LESS THAN 1 SQUARE MILE, OR AREAS PROTECTED FROM THE BASE FLOOD BY LEVEES. LOT : 75 6,756 0.1551 LOT : 95 6,507 0.1494 I - -- I 1 - �., ---
-----------------------
NO BFES OR DEPTHS ARE SHOWN IN THIS ZONE, AND INSURANCE PURCHASE IS NOT
REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021 CO200E, PANEL LOT : 76 7,259 0.1666 LOT : 96 6,695 0.1537 1 0o
NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. 1 c� 20 MIN Q z
LOT : 77 6,490 0.1490 LOT : 97 6,725 0.1544 '
__ r m__-__-_ (FOR FRONT LOADING GARAGE) ° z
A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "A" WITH A DEFINITION OF: LOT : 78 7,817 0.1795 LOT : 98 6,231 0.1431 TYPICAL CORNER LOT TYPICAL LOT o Q
1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) FLOODPLAINS THAT ARE DETERMINED FOR TYPICAL LOT DETAIL
THE FLOOD INSURANCE STUDY (FIS) BY APPROXIMATE METHODS OF ANALYSIS. BECAUSE LOT : 79 7,831 0.1798 LOT : 99 6,500 0.1492 1-
DETAILED HYDRAULIC ANALYSES ARE NOT PERFORMED FOR SUCH AREAS, NO BASE PARCEL 19.2 SITE SUMMARY TABLE 40' x 120' ; 50' x 120'
FLOOD ELEVATIONS (BFES) OR DEPTHS ARE SHOWN IN THIS ZONE. MANDATORY FLOOD LOT : 80 5,230 0.1201 LOT : 100 6,500 0.1492 *MIN 13' BSL FOR LOTS THAT FRONT PUFF `� cn a_
INSURANCE PURCHASE REQUIREMENTS APPLY. DESIGNATION DETERMINED BY FEMA ZONING MPC PERIMETER SETBACK WHERE SHOWN ON PLAN _U
FLOOD ZONE MAP 04021 CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE SCALE: N.T.S. D Q z
OVERALL GROSS AREA 1,435,190 SQ.FT. 32.9474 AC. u � �
DECEMBER 4, 2007.
0
OVERALL NET AREA 1,139,921 SQ.FT. 26.1690 AC.
TOTAL NUMBER OF LOTS 105
N
TOTAL NUMBER OF TRACTS 10 N m
TOTAL LOT AREA 692,706 SQ.FT. 15.9023 AC. L J C° L m
LU TOTAL OPEN SPACE 447,215 SQ.FT. 10.2666 AC. ��� Ficar � 0 o o o
TOTAL RIGHT OF WAY 295,268 SQ.FT. 6.7784 AC. BRIANRIAN o J z >
J. __D Li J � �
BENEDICT
OPEN SPACE PERCENTAGE 31% °�f 6/30/22.. ' Q cr Q v � 0-
=
DENSITY (DU/AC): 319
PER GROSS AREA 9R�20NA,�SP
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U:\1600\1635\SURVEY\PLAT\PARCEL B (PARCEL 19.2)\1635-PB-FP02.dwg 6/29/2022 10:11 AM
EAST QUARTER CORNER M
SECTION 24, TOWNSHIP 1 w N
SOUTH, RANGE 7 EAST a o E
FOUND BRASS CAP GLO z N
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85°53'47"E 123.56" RADIAL a
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9
a N
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OT o TRACT A LINE TABLE o a o
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N REVERENCE AT SUPERSTITION VISTAS LINE NO. DIRECTION LENGTH w J x
--------- - - - - - - PHASE 1A z w
i� N89°21'53"E W
FEE NO _. _
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1197.43' p z LLi a
L8 N83°50'25"E 58.85' w It
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z 0" N L8 L9 L9 N 81 3818E 58.85'
ox N87°32'529*E 220°59 L7' L10 N79°26'111 58.85' N
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L26 N 71°56'17"W 26.58'
NTRACT H S86°44'24"W 49.89' L27 S46°49'35"E 18.33'
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4.70'
TRACT H _
N88°28'55"E 99.75' _ _ S87°22'24"W 99.78' _ _ _ _ _ _., L40 N46°15'14"W 28.25' z
_ S88°19'26"W 99.78' _ _ _ _ _ _ _ O
r 49.88'- - - -49.87' - -49.89' - 49.89' 49.89' -49.89' I
1 w I L41 N43°44'38"E 28.32' a w
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o I ;n z d CD > �I CURVE TABLE
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W N 91 --coI C2 59.00' 82°41'05" 85.14' a N
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95
N 1 97 M 96 M N 94 93 ;° �j C3 41.00' 13°1553" 9.49' c Q
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Zz z Z CD z z z Z C5 41.00' 18*11'42" 13.02' > J U
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SOUTHWEST CORNER SECTION 19, -_ _ _ _ _ _ _ _ _ - 1 o N I I z S86°07'32"W L25 N87°41'04"E 50.54' a O
NORTHWEST CORNER SECTION 30, TRACT I 26.75 "�`b I I 50.53 U
TOWNSHIP 1 SOUTH, RANGE 8 EAST �' 0 1 , 50.53'
50.53' L36 S46°15'05"E 28.25' ~
FOUND BRASS CAP GLO L=110.29 (0 01 ro o � 1 1 50.90' 50.53 50.53' ,
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50.53 50.53' 50.53 50.53' S86°07 32 W L37 S46°05'51"E 28.32' r
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;r, S87°4010 W 151.59'- - 50.53'- W u4
S89 46 41 W 3511.17� N00°18'14"W L=110.34 I I S87°47'36"W 151.96'
- L38 N 43°54'10"E 28.25' a z z
RADIAL rj _
\ j o I I^13 PUFE � � � > ° a - O
16 116 C� I I oo N � oo L39 N 43 49 26 E 28.36 N
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11.68' L-7.38' 1_41' _ _ - _ _ _ _ _ - - - - - - - - - - - ,- L-51.21' L=51.21' --- C9 9610.00' 0*52'16" 146.10' Q Q
L=51.21 L=51.21 C10 36.00' 90*12'44" 56.68' LV O
It 1 I L=51.06' L=51.21' L=51.21' L=863.44' _ a
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110 MAP OF DEDICATION , �� �, �� L=49.85 = -
co w I M .��� 0� , L=139.66 _ _ I- - - - _ _ - _ _ _ _ _ - C19 45.00' 18°59'40" 14.92' W W
�, REVERENCE AT SUPERSTITION VISTAS ^ I 56'I' �� 6 - - - - - - - - - - - - - 1 V
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RLS 32222 OR AS NOTED
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w I _ 50.54'_ _ _ _50.54'_ _ L24 -- BOUNDARY LINE
1 QJ� L L _ L25_ _ _ SECTION LINE
N87°0559"E 101.07' -
LL CENTER LINE
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_ BOOK PARCEL LINE
PAGE PCR L=1252.60'
-o EASEMENT LINE Q
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SOUTHEAST CORNER T,
SECTION 24, TOWNSHIP 1 a- o ,�, R/W RIGHT-OF-WAY =
� PUE PUBLIC UTILITY EASEMENT °
SOUTH, RANGE 7 EAST c RAY AVENUE >1 O
FOUND REBAR, NO I.D. ;r, Y J PUFE PUBLIC UTILITY AND FACILITIES EASEMENT Z
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- - - - - - R=10000.00' D=7°39'13" L=1335.78'-
PCR PINAL COUNTY RECORDS o Q
RLS REGISTERED LAND SURVEYOR
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'REVERENCE AT SUPERSTITION VISTAS - PHASE 1A - PARCEL 19 . 12 " � Wo
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DEDICATION A RE-PLAT OF A PORTION OF TRACT A OF THE MAP OF DEDICATION
STATE OF ARIZONA ) FOR REVERENCE AT SUPERSTITION VISTAS - PHASE 1A RECORDED — a
COUNTY OF PINAL )SS IN FEE NO. PINAL COUNTY RECORDS �a N
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LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, J a. LUco
KNOW ALL MEN BY THESE PRESENTS: 0
TOWNSHIP 1 SOUTH RANGE 8 EAST OF THE GILA AND SALT RIVER w N
Q00
THAT AS OWNER, HAS SUBDIVIDED UNDER ' a o w Z Q
THE NAME OF "REVERENCE AT SUPERSTITION VISTAS - PHASE 1A - PARCEL 19.12" A MERIDIAN , PINAL COUNTY, ARIZONA SFCro o z J w
RE-PLAT OF A PORTION OF TRACT A OF THE MAP OF DEDICATION FOR REVERENCE AT N Q N 0 2 a
is
SUPERSTITION VISTAS - PHASE 1A RECORDED IN FEE NO-------------- PINAL COUNTY o 79 z z w
RECORDS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 w SOLINA AVENUE o I w It
EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS SHOWN AND LPRECT
— N
PLATTED HEREON AND HEREBY PUBLISHES THIS PLAT AS AND FOR THE PLAT OF "REVERENCE AT SUPERSTTTTON VISTAS - PHASE 1A - PARCEL 19.12" HEREBY DECLARES THAT SAID PLAT VERENCE
SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE LOTS, TRACTS, STREETS AND AD rN,
EASEMENTS CONSTITUTING SAME AND THAT EACH LOT TRACT AND STREET SHALL BE KNOWN v�NVE SHEET 3 w
BY THE NUMBER, LETTER, OR NAME GIVEN EACH RESPECTIVELY ON SAID PLAT. p��NP N �G RAY AVENUE J
AS OWNER, HEREBY DEDICATES TO THE S ,�, �� VICINITY MAP w
PUBLIC, FOR USE AS SUCH, THE STREETS AND EASEMENTS AS SHOWN ON SAID PLAT AND 404 , �2 NOT TO SCALE
INCLUDED IN THE ABOVE DESCRIBED PREMISES. 396 403 CO T1S, R8E a zz
EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. SHEET 7 395 0 402 Irv *1'o
TRACT A AVENUE 3 94 3 9 7 � � -9a Q n
ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF y 'o STpNT ON 398 z 401 OWNER/DEVELOPER SURVEYOR
APACHE JUNCTION. '� Lu
377 391 393 J�G�v HILGARTWILSON, LLC Lu Q
y 378 399 400 P DR HORTON < z z
TRACTS A, B, C, D, E, F, G, H, I, J, K, L, M AND N ARE NOT TO BE CONSTRUED TO BE y -4 376 390 m 392 ��P� 0 2525 WEST FRYE AVENUE, SUITE 100 2141 E. HIGHLAND AVE., STE. 250 a — O
DEDICATED TO THE PUBLIC OR CITY, BUT ARE DEEDED TO HOMEOWNERS' ASSOCIATION FOR ITS 379 cn L rn PJP � o CHANDLER, AZ 85224 PHOENIX, ARIZONA 85016 0 —
USE AND ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS,
lz 0 375 y 389 m TRACTo � CONTACT: JOSE CASTILLO PHONE: (602) 490-0535 ' < Q
CONDITIONS AND RESTRICTIONS AND SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE 374 380 TRACT M o � �� DIVISION VICE PRESIDENT OF LAND DEVELOPMENT CONTACT: BRIAN J. BENEDICT, RLS w
MAINTENANCE THEREOF. m 381 388 m N ( ) � o 0
PHONE: 480 791-1593 H � z
vE 387 -� 42 7 _
EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, V pNNAH AVEN 382 v y a, cn 4- 7L,3
$� v
HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE VEHICULAR SA 386 T1 � � �7L,3 � Z w
NON-ACCESS EASEMENTS AND PUBLIC UTILITY AND FACILITY EASEMENTS, AS SHOWN ON THE 383 m10, BASIS OF BEARING o w
SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL 385 .p za t� 1-1 �
373 384 '� � -� � � BASIS OF BEARING IS N00 38 07 W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER �
PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE CO cfl o g,AC� �� 30 OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER � p U
JUNCTION, IN FEE, FOR THE CITY'S USE AS PUBLIC RIGHT-OF-WAY. THE DEDICATION OF REAL 372 TRACT J U3 � N MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON. W Q Q Z
PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A
71 N SPAULDING AVENUE N3
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3 LL
PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION INCLUDING THE y p w co y N � O� 3,4 � z Q
FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, '�i Z W �
REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, 370 v y rn cn G �, Q
WASTEWATER GAS ELECTRIC STORM WATER PIPES CONDUIT CABLES AND SWITCHING � 6 g � � � -p � � � o o y � � � q.33 DEVELOPMENT SERVICES APPROVAL a o
EQUIPMENT , CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND SIGNAL LINES, y 3 m c) SHEET 6 SHEET 5 0 4r THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF w
TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET 368 '� �, c� w ��� 434 THE LAND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND Z
LIGHTS STREET PAVEMENT CURBS GUTTERS SIDEWALKS TRAFFIC SIGNALS EQUIPMENT AND .p .p -4- -P -P �''c3A aco
S� REGULATIONS AND THAT PUBLIC STREET CONSTRUCTION ASSURANCES WILL BE PROVIDED W�
SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM 367 o � c'`' �' VENUE - 435 PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. W
DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES TO 366 TRP►D��NG A O m CT $ w
ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, T C 0 TR,A __________________________________________________________ oC
TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND D c� TRAC DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE
LEVEL SHALL NOT BE ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION, TRACT C-0 c � caCO Q0
MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND THE C.), o
UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND �E
ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS DR MAYOR
TO USE THE PUBLIC UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS
ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS SHEET INDEX
______ DAY OF __ ------, 20__. AND THE CITY
APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS LIENHOLDER RATIFICATION NTS COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN ON BEHALF OF THE
PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER
STATE OF -------- ) SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT
IN WITNESS WHEREOF: )SS THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER o
COUNTY OF ) RESOURCES AS HAVING AN ASSURED WATER SUPPLY.
_ AS OWNER, HAS HEREUNDER CAUSED ITS
NAME TO BE SIGNED AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF KNOW ALL MEN BY THESE PRESENTS: Q
------------- I TS -------------------------- TH EREU N TO DULY AUTHORIZED BY: -------------------------------------------
THIS _____ DAY OF_________________, ------ THAT THE UNDERSIGNED AS BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDED IN FEE NO. MAYOR
RECORDS OF PINAL COUNTY, ARIZONA, HEREBY RATIFIES, AFFIRMS AND APPROVES
o
THIS FINAL PLAT, THE DECLARATION OF RESTRICTIONS RECORDED CONCURRENTLY HEREWITH AND EACH ATTEST: ________________________________________ L
AND EVERY DEDICATION CONTAINED HEREIN. CITY CLERK o
BY:
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE SIGNED THEIR NAMES THIS ______ DAY OF o Q
ITS: ---------------------------------- 20_
CERTIFICATION
CERTIFICATION
THIS IS TO CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF ALL THE u) Q
ACKNOWLEDGMENT EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE
BY: ____________________________ PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY E Q Z
STATE OF ARIZONA ) CERTIFY TO ITS CORRECTNESS AND THAT ALL LOTS ARE STAKED OR WILL BE STAKED 0 I--_ �
°
)SS ITS: __________________________________ AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER
COUNTY OF PINAL ) RECORDATION.
ACKNOWLEDGMENT
N
ON THIS _____________________ DAY OF ------------------------ _____, BEFORE ME, rn o m
THE UNDERSIGNED, PERSONALLY APPEARED STATE OF ARIZONA ) BRIAN J. BENEDICT � '� N
---------------------------------------- o s� �J m
c� m
)SS RLS 32222 -\� ICA r �'� w z
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE �� Fti F z •• z cn o
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN
COUNTY OF PINAL ) HILGARTWILSON, LLC `' 32222 ° 0 0 0 c� w
2141 E. HIGHLAND AVE., STE. 250 BRIAN J. J z Z
CONTAINED. BENEDICT � ,� 0
ON THIS _____________________ DAY OF ------------------------ _____, BEFORE ME, PHOENIX, ARIZONA 85016 a
�tP 6/30/22._'' o � Q Q a-
THE UNDERSIGNED, PERSONALLY APPEARED P: 602.490.0535 s/ ned..." Q cr Q U � a-
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. / -----------------------------------------' 9 9R�ZONA,USP 0 o cn o Q
WHO ACKNOWLEDGED HIMSELF HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE bbenedict@hil artwilson.com -
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _________________ INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN N DWG. N0.
CONTAINED.
0
N
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR FP01
0
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _____________________
SH T. 1 OF 7
U:\1600\1635\SURVEY\PLAT\PARCEL C (PARCEL 19.12)\1635—PC—FP01.dwg 6/29/2022 9:59 AM 0
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NOTES � .. -
LOT TABLE LOT TABLE LOT TABLE
1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK - M
OF CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION OR THE LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) LOT NO. AREA (SQ.FT) AREA (ACRES) o
ABUTTING LOT, TRACT OR PARCEL OWNER. > a
LOT : 334 7,097 0.1629 LOT : 354 7,527 0.1728 LOT : 374 7,370 0.1692 N
2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALL BE X (o
THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. LOT : 335 7,100 0.1630 LOT : 355 7,381 0.1694 LOT : 375 7,370 0.1692 a
3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE LOT : 336 7,104 0.1631 LOT : 356 8,441 0.1938 LOT : 376 7,346 0.1686 z Lo
N
RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. LOT : 337 7,135 0.1638 LOT : 357 7,324 0.1681 LOT : 377 7,258 0.1666 co
w o
4. CONSTRUCTION WITHIN PUBLIC UTILITY FACILITY EASEMENTS SHALL BE LIMITED TO LOT 338 7,276 0.1670 LOT 358 7,324 0.1681 LOT 378 7,095 0.1629 0 'a 00
UTILITIES, REMOVABLE FENCES AND DRIVEWAYS. TRACT TABLE Z Q
5. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN LOT : 339 7,276 0.1670 LOT : 359 7,325 0.1682 LOT : 379 7,095 0.1629 TRACT AREA (SQ.FT) AREA (ACRES) USE z �_ w
DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT
LOT : 340 7,095 0.1629 LOT : 360 7,325 0.1682 LOT : 380 7,095 0.1629 � � = a
PLANS AND, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER, TRACT A 162,874 3.7391 COMMON AREA & DRAINAGE ocz �
It
FENCING WILL BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT LOT : 341 7,095 0.1629 LOT : 361 7,126 0.1636 LOT : 381 7,095 0.1629 w N
IMPEDE WATER FLOW OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. TRACT B 39,888 0.9157 COMMON AREA & DRAINAGE CN
VEGETATION SHALL NOT BE PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, LOT : 342 7,095 0.1629 LOT : 362 7,117 0.1634 LOT : 382 7,095 0.1629
EASEMENTS OR RETENTION BASINS WHICH WOULD IMPEDE THE FLOW OF WATER. TRACT C 24,365 0.5593 COMMON AREA & DRAINAGE N
LOT : 343 7,095 0.1629 LOT : 363 7,117 0.1634 LOT : 383 7,095 0.1629 �-;
6. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN TRACT D 2,673 0.0614 COMMON AREA & DRAINAGE W
ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS' LOT : 344 7,137 0.1638 LOT : 364 7,117 0.1634 LOT : 384 7,095 0.1629 J
ASSOCIATION AFTER RECORDATION OF THE PLAT. TRACT E 72,989 1.6756 COMMON AREA & DRAINAGE LV
LOT : 345 8,135 0.1867 LOT : 365 7,117 0.1634 LOT : 385 71095 0.1629 0
7. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE TRACT F 27,594 0.6335 COMMON AREA & DRAINAGE z
THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION. SHOULD THE ASSOCIATION NOT LOT 346 8,134 0.1867 LOT 366 7,333 0.1683 LOT 386 7,095 0.1629 a O
TRACT G 8,906 0.2045 COMMON AREA & DRAINAGE F-
ADEQUATELY MAINTAIN THEM, THE GOVERNING ENTITY HAVING JURISDICTION OVER THE 0
AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED AT ITS DISCRETION MAY LOT : 347 8,135 0.1868 LOT : 367 7,478 0.1717 LOT : 387 7,095 0.1629 Q w
> TRACT H 11,428 0.2623 COMMON AREA & DRAINAGE v�
ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND CHARGE THE HOMEOWNERS' LOT : 348 8,146 0.1870 LOT : 368 7,478 0.1717 LOT : 388 7,095 0.1629 L w Q
ASSOCIATION THE COST OF THE MAINTENANCE. TRACT 1 19,867 0.4561 COMMON AREA & DRAINAGE co
< z z
LOT : 349 7,777 0.1785 LOT : 369 7,478 0.1717 LOT : 389 7,095 0.1629 3r_ - 0
8. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY TRACT J 18,732 0.4300 COMMON AREA & DRAINAGE a p IV
EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST LOT : 350 7,233 0.1660 LOT : 370 7,478 0.1717 LOT : 390 71095 0.1629 Q
GAS FACILITIES IN PUFE'S ON THIS PLAT. TRACT K 4,503 0.1034 COMMON AREA & DRAINAGE w
LOT : 351 7,417 0.1703 LOT : 371 7,451 0.1711 LOT : 391 7,095 0.1629
TRACT L 15556 03571 COMMON AREA & DRAINAGE z
, .
9. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED coO O
1692 - D370 0 1697 LOT 391 0 392 7 .1745 LOT 603 0. 372 7 .: : :
AS OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING LOT 352 7 TRACT M 4,562 0.1047 COMMON AREA & DRAINAGE 1 0
ORDINANCE, VOL. 11, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE Z w Z
OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. LOT : 353 7,849 0.1802 LOT : 373 7,391 0.1697 LOT : 393 7,370 0.1692 O w
TRACT N 5,440 0.1249 COMMON AREA & DRAINAGE
10. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL ~ _
HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL LOT TABLE LOT TABLE LOT TABLE NOTES: Q Q
( ) ( ) ( ) ( ) ( ) ( )
PLAT ON THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND LOT NO. AREA SQ.FT AREA ACRES LOT NO. AREA SQ.FT AREA ACRES LOT NO. AREA SQ.FT AREA ACRES 1. COMMON AREAS MAY INCLUDE OPEN SPACE, LANDSCAPING, PEDESTRIAN a O 0
SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. PATHS AND/OR AMENITIES. w Q
LOT : 394 7,225 0.1659 LOT : 414 7,402 0.1699 LOT : 434 12,729 0.2922
2. SPECIFIC EASEMENTS THAT ARE BEING DEDICATED AS PART OF THIS co z LL
11. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT PLAT ARE FULLY DELINEATED ON THE FOLLOWING SHEETS. II-_
o
THEY OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE LOT : 395 7,948 0.1825 LOT : 415 7,402 0.1699 LOT : 435 10,847 0.2490 3. THE USES SHOWN IN THE TRACT TABLE ABOVE DO NOT INTEND TO
PROPERTY THROUGH TAX FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GRANT EASEMENTS THAT ARE BLANKET IN NATURE OVER THE ENTIRE v w
GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE LOT : 396 7,204 0.1654 LOT : 416 7,402 0.1699 LOT : 436 7,489 0.1719 TRACT. `Z
EASEMENT IS LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR cc
IN INTEREST AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL LOT : 397 7,095 0.1629 LOT : 417 7,143 0.1640 LOT : 437 7,370 0.1692 >
IMPROVEMENTS, DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. LOT : 398 7,095 0.1629 LOT : 418 7,514 0.1725 LOT : 438 7,370 0.1692 �
LOT : 399 7,095 0.1629 LOT : 419 7,713 0.1771 LOT : 439 7,370 0.1692
LOT : 400 6,592 0.1513 LOT : 420 7,715 0.1771
LOT : 401 6,735 0.1546 LOT : 421 8,079 0.1855
FLOOD ZONE DESIGNATION LOT : 402 10,224 0.2347 LOT : 422 7,714 0.1771
THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED PARCEL 19.12 SITE SUMMARY TABLE
DIRECTLY FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WEBSITE. LOT : 403 7,303 0.1677 LOT : 423 7,713 0.1771 ZONING MPC
HILGARTWILSON, LLC AND THE UNDERSIGNED REGISTERED PROFESSIONAL LAND
SURVEYOR MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE LOT : 404 8,289 0.1903 LOT : 424 7,712 0.1770 OVERALL GROSS AREA 1,521,155 SQ.FT. 34.9209 AC. o
FOLLOWING FLOOD ZONE DESIGNATION STATEMENT. ! �50' MIN 50' MIN OVERALL NET AREA 1,224,055 SQ.FT. 28.1004 AC. �
LOT : 405 8,923 0.2048 LOT : 425 7,712 0.1770 �
THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE 'Y' WITH A DEFINITION OF: 16' TOTAL NUMBER OF LOTS 106 Q
LOT 406 6,606 0.1516 LOT 426 9,056 0.2079 �I 0
0.2-PERCENT-ANNUAL-CHANCE FLOODPLAIN, AREAS OF 1-PERCENT-ANNUAL-CHANCE R/W j 13' PUFE TOTAL NUMBER OF TRACTS 14
(BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT, LOT : 407 7,109 0.1632 LOT : 427 14,889 0.3418 16'_ - - - - - - - - - - - TOTAL LOT AREA 804,679 SQ.FT. 18.4729 AC. o
AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF BC O
5' SIN N TOTAL OPEN SPACE 419,377 SQ.FT. 9.6279 AC. z
LESS THAN 1 SQUARE MILE, OR AREAS PROTECTED FROM THE BASE FLOOD BY LEVEES. LOT 408 7,122 0.1635 LOT 428 9,830 0.2257 1 m
NO BFES OR DEPTHS ARE SHOWN IN THIS ZONE, AND INSURANCE PURCHASE IS NOT I 1 1 TOTAL RIGHT OF WAY 297,099 SQ.FT. 6.8205 AC. z
REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021CO200E, PANEL LOT : 409 7,148 0.1641 LOT : 429 7,437 0.1707 �5 BSL �5 BSL Y
NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. Q
1 5' BSL 5' BSL Z OPEN SPACE PERCENTAGE 28% Q)
LOT : 410 7,402 0.1699 LOT : 430 7,455 0.1711 1 33 X33 (2) 1o'X16' 1 DENSITY (DU/AC): ,
SIGHT PARKING SPACES 1 0 3.04
A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "A" WITH A DEFINITION OF: 1 VISIBILITY PER GROSS AREA J
LOT : 411 7,402 0.1699 LOT : 431 7,455 0.1711 1 TRIANGLE IN GARAGE U) Q
1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) FLOODPLAINS THAT ARE DETERMINED FOR I 1 FACE 1 CL
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THE FLOOD INSURANCE STUDY (FIS) BY APPROXIMATE METHODS OF ANALYSIS. BECAUSE LOT 412 7,402 0.1699 LOT : 432 7,455 0.1711 1OFz
DETAILED HYDRAULIC ANALYSES ARE NOT PERFORMED FOR SUCH AREAS NO BASE 1 N GARAGE 1
7 402 7 321 1 1 m y �Jrrr '�
FLOOD ELEVATIONS (BFES) OR DEPTHS ARE SHOWN IN THIS ZONE. MANDATORY FLOOD LOT . 413 0.1699 LOT . 433 0.1681 o N
INSURANCE PURCHASE REQUIREMENTS APPLY. DESIGNATION DETERMINED BY FEMA 1 L
L-_ --- -------------- -- -- -_--^--- -------------- - -�-
FLOOD ZONE MAP 04021 CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE N
DECEMBER 4, 2007. N
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'REVERENCE AT SUPERSTITION VISTAS - PHASE 1A - PARCEL 19 . 1311
Nt 3:
DEDICATION A RE—PLAT OF TRACT A OF THE MAP OF DEDICATION FOR
STATE OF ARIZONA ) REVERENCE AT SUPERSTITION VISTAS — PHASE 1A RECORDED IN —
)SS FEE NO . , PINAL COUNTY RECORDS �� N
COUNTY OF PINAL ) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19 AVENSOLUE MEN BY THESE PRESENTS: NA SECTION 19 V) CD
' REVERENCE o w Lh
THAT D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HAS SUBDIVIDED UNDER THE TOWNSHIP 1 SOUTH , RANGE 8 EAST OF THE GILA AND SALT o ROAD (Bat o Q
N
NAME OF "REVERENCE AT SUPERS11110N VISTAS — PHASE 1A — PARCEL 19.13" A RE—PLAT OF RIVER MERIDIAN , PINAL COUNTY, A R I ZO N A o APACHE o J W _ Z
TRACT A OF THE MAP OF DEDICATION FOR REVERENCE AT SUPERSTITION VISTAS — PHASE 1A PROJECT JUNCTION o o z o
RECORDED IN FEE NO-------------- PINAL COUNTY RECORDS LOCATED IN THE SOUTHWEST N < a SITE J = a
QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER o0 RAY AVENUE PINAL zo z w TA
MERIDIAN, PINAL COUNTY, ARIZONA, AS SHOWN AND PLATTED HEREON AND HEREBY PUBLISHES E w COUNTY
THIS PLAT AS AND FOR THE PLAT OF "REVERENCE AT SUPERSTITION VISTAS — PHASE 1A — SHEET 3 SHEET 4 � N
PARCEL 19.13" HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION AND GIVES THE SECTION 30
DIMENSIONS OF THE LOTS, TRACTS, STREETS AND EASEMENTS CONSTITUTING SAME AND THAT SOLINA AVENUE M
EACH LOT, TRACT AND STREET SHALL BE KNOWN BY THE NUMBER, LETTER, OR NAME GIVEN TRACT A
EACH RESPECTIVELY ON SAID PLAT. D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER,
HEREBY DEDICATES TO THE PUBLIC, FOR USE AS SUCH, THE STREETS AND EASEMENTS AS VICINITY MAP Lu
SHOWN ON SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. V TRACT A c�2cJd- � coZ` coa� o � c�tc� �1-
� � � � � � �- NOT TO SCALE
00000000 � � co �� GC
EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. CO co co co co co co co co co co co M `3 T1S, R8E a zz
a STANTON AVENUE 319
ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF APACHE p U
JUNCTION. pc � oo) ao � � 320 a w
301 w wt� co � � � �t AVENUE
Q 300 V ANNAH OWNER/DEVELOPER SURVEYOR w w
TRACTS A, B, C, D, E, F, G, H AND I ARE NOT TO BE CONSTRUED TO BE DEDICATED TO THE o �, SA HILGARTWILSON LLC co P Q Q
PUBLIC OR CITY, BUT ARE DEEDED TO HOMEOWNERS' ASSOCIATION FOR ITS USE AND cc 299 w � TRACT B DR HORTON 2141 E. HIGHLAND AVE. STE. 250 = z z
ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND w 298 = co � Lo � t co � o � co d' 94 321 CONTACT: JOSE CASTILLO = O
�- P4 cfl co co co co � �o N t Z\ � 22 DIVISION VICE PRESIDENT OF PHOENIX, ARIZONA 85016 a o N
RESTRICTIONS AND SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE THEREOF. 297 >- � N N � � N N � � � N � cat N 3 23 PHONE: (602) 490-0535 ' Oa Q ry
3 LAND DEVELOPMENT CONTACT: BRIAN J. BENEDICT, RLS co �
296 co 2525 WEST FRYE AVENUE, SUITE 100
EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, SPAULDING AVENUE n 324 CHANDLER AZ 85224 z
HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE VEHICULAR 295 m _ 0
NON-ACCESS EASEMENTS AND PUBLIC UTILITY AND FACILITY EASEMENTS AS SHOWN ON THE 294 o z co N � I d' °o v 325 CA O
W Lo �}. d- PHONE: (480)791-1593 J U
SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL �, 293 � � � N N N N N N C� 326 Z w Z
PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE 292 � 327 N O w D
JUNCTION, IN FEE, FOR THE CITY'S USE AS PUBLIC RIGHT-OF-WAY. THE DEDICATION OF REAL � d, ro N co z O co � � 328 BASIS OF BEARING �— w Q
PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A 291 m
c� c� c� c� c`r� c`r� c� � � � � d' d' �
PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION INCLUDING THE 290 �' co co co co co C�2 N n2 N � � � N � � 329 BASIS OF BEARING IS N00°38'07"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER � p U
FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, 289 330 OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER W Q Q
STRADLING AVENUE TRACT G 331 MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON. a � 0-
REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED T0, WATER, �
WASTEWATER, GAS, ELECTRIC, STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING p z co N co L co N O 0) C 332 H Q LL
EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND SIGNAL LINES, TRACT F co co co n2 N c�2 c�2 cl2 � � � N �
TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET c�2 N � � � � � � � �N 333 o
LIGHTS, STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND ��.? DEVELOPMENT SERVICES APPROVAL � w
SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM TRACT HJ ' THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF Z
DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES TO SHEET 6 THE LAND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND �
ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, REGULATIONS AND THAT PUBLIC STREET CONSTRUCTION ASSURANCES WILL BE PROVIDED W
TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND SHEET 5 PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. w
LEVEL SHALL NOT BE ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION,
MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND THE
UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND
ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE
TO USE THE PUBLIC UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES SHEET INDEX
ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS NTS MAYOR
APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS
PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS
____ DAY OF ------------------------- 20__. AND THE CITY
IN WITNESS WHEREOF: COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN ON BEHALF OF THE
D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HAS HEREUNDER CAUSED ITS NAME
PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER
TO BE SIGNED AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT z
ITS THEREUNTO DULY AUTHORIZED THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER 0
THIS DAY OF_________________, ------ RESOURCES AS HAVING AN ASSURED WATER SUPPLY. �
D.R. HORTON, INC., A DELAWARE CORPORA110N CD
LIENHOLDER RATIFICATION BY: ___________________________________________
BY: STATE OF ________ ) MAYOR
ITS: ATTEST: ---------------------------------------- Q c�
---------------------------------- COUNTY OF ------- )
CITY CLERK o z
KNOW ALL MEN BY THESE PRESENTS: 0 C)
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THAT THE UNDERSIGNED AS BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDED IN FEE NO. J
ACKNOWLEDGMENT --- RECORDS OF PINAL COUNTY, ARIZONA, HEREBY RATIFIES, AFFIRMS AND APPROVES CERTIFICATION
c Q
STATE OF ARIZONA ) THIS FINAL PLAT, THE DECLARATION OF RESTRICTIONS RECORDED CONCURRENTLY HEREWITH AND EACH THIS IS TO CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF ALL THE w
)SS AND EVERY DEDICATION CONTAINED HEREIN. EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE � Q Z
COUNTY OF PINAL ) PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY � I
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IN WITNESS WHEREOF, THE UNDERSIGNED HAVE SIGNED THEIR NAMES THIS ______ DAY OF CERTIFY TO ITS CORRECTNESS AND THAT ALL LOTS ARE STAKED OR WILL BE STAKED 0
ON THIS DAY OF ------------------------ _____, BEFORE ME, ------------' 20_ AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER
THE UNDERSIGNED, PERSONALLY APPEARED ------------------------------------------ RECORDATION. N
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE U-) o m
Q:fINSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN L s J roo N m
CONTAINED. ---------------------------------- ���� Ftio �� z z Z o
• BRIAN J. BENEDICT icAT �'�'� w �`' �
RLS 32222 32222 O 0 0 z w
ITS: __________________________________ HILGARTWILSON, LLC BRIAN J. U) Z >
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. z O
2141 E. HIGHLAND AVE., STE. 250 BENEDICT � w J of
PHOENIX ARIZONA 85016 °�es.6/9/22 o � a Q w
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _________________ , 9ned.••.' < cr Q U CK Q_
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P: 602.490.0535 9R�ZorvA,u 5 P = w cn Q
bbenedict@hilgartwilson.com
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SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR ,
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NOTES w 1*
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1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE LOT TABLE LOT TABLE LOT TABLE TRACT TABLE a T I=
(MCOD O
BACK OF CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION 13 Z N
OR THE ABUTTING LOT, TRACT OR PARCEL OWNER. LOT N0. AREA (SQ.FT) AREA (ACRES) LOT N0. AREA (SQ.FT) AREA (ACRES) LOT N0. AREA (SQ.FT) AREA (ACRES) TRACT AREA (SQ.FT) AREA (ACRES) USE Q
-0 LL -
LOT : 216 4,876 0.1119 LOT : 236 4,760 0.1093 LOT : 256 4,760 0.1093 - L 3
2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALL COMMON AREA. DRAINAGE M
' LOT : 217 4,869 0.1118 LOT : 237 4,760 0.1093 LOT : 257 4,760 0.1093 TRACT A 168,602 3.8706 & SEWER EASEMENT >� 0
BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION. w rn 3
3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE LOT : 218 4,869 0.1118 LOT : 238 4,760 0.1093 LOT : 258 4,760 0.1093 TRACT B 2,104 0.0483 COMMON AREA & DRAINAGE 0 3
b%ib, X (o
RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. LOT : 219 4,886 0.1122 LOT : 239 4,760 0.1093 LOT : 259 4,760 0.1093 TRACT C 15,144 0.3477 COMMON AREA & DRAINAGE a
LOT : 220 4,886 0.1122 LOT : 240 4,953 0.1137 LOT : 260 4,760 0.1093
4. CONSTRUCTION WITHIN PUBLIC UTILITY FACILITY EASEMENTS SHALL BE LIMITED TO TRACT D 18,260 0.4192 COMMON AREA & DRAINAGE z 0
UTILITIES, REMOVABLE FENCES AND DRIVEWAYS. LOT : 221 4,868 0.1118 LOT : 241 4,959 0.1138 LOT : 261 4,760 0.1093 < CN
w
TRACT E 17,865 0.4101 COMMON AREA & DRAINAGE E CD
5. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN LOT : 222 4,868 0.1118 LOT : 242 4,959 0.1138 LOT : 262 4,760 0.1093 w Lo
DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED TRACT F 539 0.0124 COMMON AREA & DRAINAGE 'a 00
IMPROVEMENT PLANS AND, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT LOT : 223 4,886 0.1122 LOT : 243 4,959 0.1138 LOT : 263 4,780 0.1097 jx 0 Q
SERVICES ENGINEER, FENCING WILL BE LIMITED TO WIRE-STRAND OR BREAK-AWAY TRACT G 5,718 0.1313 COMMON AREA & DRAINAGE W J Z
LOT : 224 4,860 0.1116 LOT : 244 4,959 0.1138 LOT : 264 4,780 0.1097 = w
SECTIONS THAT CANNOT IMPEDE WATER FLOW OR COLLECT DEBRIS WHICH WOULD Z o
IMPEDE WATER FLOW. VEGETATION SHALL NOT BE PLANTED NOR ALLOWED TO GROW LOT : 225 4,860 0.1116 LOT : 245 4,959 0.1138 LOT : 265 4,780 0.1097 TRACT H 4,803 0.1103 COMMON AREA & DRAINAGE w a
WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION BASINS WHICH WOULD IMPEDE It
It
THE FLOW OF WATER. LOT : 226 4,860 0.1116 LOT : 246 4,959 0.1138 LOT : 266 4,780 0.1097 TRACT 1 17,303 0.3972 COMMON AREA & DRAINAGE w N
6. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED LOT : 227 4,860 0.1116 LOT : 247 4,959 0.1138 LOT : 267 4,780 0.1097
NOTES:
IN ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS' LOT : 228 4,860 0.1116 LOT : 248 4,800 0.1102 LOT : 268 4,780 0.1097 1. COMMON AREAS MAY INCLUDE OPEN SPACE, LANDSCAPING,
ASSOCIATION AFTER RECORDATION OF THE PLAT. PEDESTRIAN PATHS AND/OR AMENITIES. C�
LOT : 229 4,860 0.1116 LOT : 249 4,801 0.1102 LOT : 269 4,782 0.1098 2. SPECIFIC EASEMENTS THAT ARE BEING DEDICATED AS PART OF THIS
7. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL LOT : 230 4,860 0.1116 LOT : 250 4,801 0.1102 LOT : 270 4,998 0.1147 PLAT ARE FULLY DELINEATED ON THE FOLLOWING SHEETS. W
BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION. SHOULD THE 3. THE USES SHOWN IN THE TRACT TABLE ABOVE DO NOT INTEND TO
ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING ENTITY HAVING LOT : 231 5,114 0.1174 LOT : 251 4,801 0.1102 LOT : 271 5,004 0.1149 GRANT EASEMENTS THAT ARE BLANKET IN NATURE OVER THE Q z
JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, ENTIRE TRACT. a O
AT ITS DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND LOT : 232 4,938 0.1134 LOT : 252 4,801 0.1102 LOT : 272 5,004 0.1149 1 F-
CHARGE THE HOMEOWNERS' ASSOCIATION THE COST OF THE MAINTENANCE. LOT : 233 4,760 0.1093 LOT : 253 4,801 0.1102 LOT : 273 5,004 0.1149 Q Lq
8. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC LOT : 234 4,760 0.1093 LOT : 254 4,801 0.1102 LOT : 274 5,003 0.1149 Lco
Q
UTILITY EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND < z z
SOUTHWEST GAS FACILITIES IN PUFE'S ON THIS PLAT. LOT . 235 4,760 0.1093 LOT . 255 4,799 0.1102 LOT . 275 5,002 0.1148 = - O
a p N
9. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE LOT TABLE LOT TABLE LOT TABLE a0 Q
co
UNDERGROUNDED AS OUTLINED IN § 1-8-6 K RELOCATION OF OVERHEAD WIRES LOT NO. AREA (SQ.FT) AREA ACRES LOT NO. AREA (SQ.FT) AREA ACRES LOT NO. AREA (SQ.FT) AREA ACRES
( Q ) (ACRES) ( Q ) (ACRES) ( Q ) (ACRES) Z
AND EQUIPMENT, ZONING ORDINANCE, VOL. II, APACHE JUNCTION CITY CODE. ALL co O O
EXISTING AND PROPOSED ONSITE OVERHEAD UTILITY LINES SHALL BE PLACED LOT : 276 4,818 0.1106 LOT : 296 4,960 0.1139 LOT : 316 5,002 0.1148
UNDERGROUND. w U
LOT . 277 4,819 0.1106 LOT . 297 4,960 0.1139 LOT : 317 8,535 0.1959 40' MIN 40' MIN Z Z
10. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT LOT : 278 4,819 0.1106 LOT : 298 4,960 0.1139 LOT : 318 8,862 0.2034 I w
SHALL HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE 16
�I H
FINAL PLAT ON THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS LOT : 279 4,818 0.1106 LOT : 299 4,960 0.1139 LOT : 319 5,817 0.1335 Raw j 13' PUFE_ _ _
AND SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. 16
/ LOT 280 4,818 0.1106 LOT 300 5,157 0.1184 LOT 320 4,959 0.1138 BC Q Q
. . . � I i
W
I I a O �
j 15' SW I NI = Q 11. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT LOT : 281 4,817 0.1106 LOT : 301 5,106 0.1172 LOT : 321 4,955 0.1138 I m I � z I .
THEY OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE �5' BSL 5' BSL I H Q
LOT : 282 4,778 0.1097 LOT : 302 4,956 0.1138 LOT : 322 4,947 0.1136 j F3
PROPERTY THROUGH TAX FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR I 5' BSL 5' BSL
THE GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT LOT : 283 4,780 0.1097 LOT : 303 4,960 0.1139 LOT : 323 4,938 0.1134 I 33'X33' I W
OR THE EASEMENT IS LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY I I SIGHT PARKING SPACES o V
SUCCESSOR IN INTEREST AND/OR BENEFITING PROPERTIES THE COST OF LOT : 284 4,780 0.1097 LOT : 304 4,760 0.1093 LOT : 324 4,929 0.1131 I VISIBILITY IN GARAGE I W
MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE FACILITIES, LANDSCAPING AND I TRIANGLE I FACE I �
LOT : 285 4,780 0.1097 LOT : 305 4,760 0.1093 LOT : 325 4,942 0.1134 Lu
AMENITIES. I j J I of I >
Lu
LOT : 286 4,780 0.1097 LOT : 306 4,760 0.1093 LOT : 326 4,973 0.1142 j I m v� I GARAGE
LOT : 287 4,780 0.1097 LOT : 307 4,760 0.1093 LOT : 327 4,995 0.1147 I I I L, I
7.LOT : 288 4,780 0.1097 LOT : 308 4,760 0.1093 LOT : 328 5,006 0.1149 j
I
FLOOD ZONE DESIGNATION LOT : 289 5,044 0.1158 LOT : 309 4,760 0.1093 LOT : 329 5,006 0.1149 j c� 20' MIN
THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED LOT 290 5,121 0.1176 LOT 310 4,827 0.1108 LOT 330 5,006 0.1149 ___�_____ ___________________� �_ m__-__-___
(FOR FRONT LOADING GARAGE)
: : : CORNER LOT �TYPICAL LOT
DIRECTLY FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WEBSITE. TYPICAL
HILGARTWILSON, LLC AND THE UNDERSIGNED REGISTERED PROFESSIONAL LAND LOT : 291 4,960 0.1139 LOT : 311 4,869 0.1118 LOT : 331 5,006 0.1149 TYPICAL LOT DETAIL
SURVEYOR MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE 40' x 110'
FOLLOWING FLOOD ZONE DESIGNATION STATEMENT. LOT 292 4,960 0.1139 LOT 312 4,877 0.1120 LOT 332 5,006 0.1149 *MIN 13' BSL FOR LOTS THAT FRONT PUFE
LOT : 293 4,960 0.1139 LOT : 313 4,865 0.1117 LOT : 333 5,006 0.1149 PERIMETER SETBACK WHERE SHOWN ON PLAN 0
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THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE 'Y' WITH A DEFINITION OF: SCALE: N.T.s.
0.2-PERCENT-ANNUAL-CHANCE FLOODPLAIN, AREAS OF 1-PERCENT-ANNUAL-CHANCE LOT : 294 4,960 0.1139 LOT : 314 4,833 0.1110
(BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT, LOT : 295 4,960 0.1139 LOT : 315 5,042 0.1157 CD
AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF
LESS THAN 1 SQUARE MILE, OR AREAS PROTECTED FROM THE BASE FLOOD BY LEVEES. 4-
NO BFES OR DEPTHS ARE SHOWN IN THIS ZONE, AND INSURANCE PURCHASE IS NOT °, o
REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021 CO200E, PANEL z
NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. o Z
A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "A" WITH A DEFINITION OF: Q
1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) FLOODPLAINS THAT ARE DETERMINED FOR THE FLOOD INSURANCE STUDY (FIS) BY APPROXIMATE METHODS OF ANALYSIS. BECAUSE PARCEL 19.13 SITE SUMMARY TABLE
J
cn Q
DETAILED HYDRAULIC ANALYSES ARE NOT PERFORMED FOR SUCH AREAS, NO BASE ZONING MPC vi CL
FLOOD ELEVATIONS (BFES) OR DEPTHS ARE SHOWN IN THIS ZONE. MANDATORY FLOOD OVERALL GROSS AREA 1,044,251 SQ.FT. 23.9727 AC. Q z
INSURANCE PURCHASE REQUIREMENTS APPLY. DESIGNATION DETERMINED BY FEMA I- :D
FLOOD ZONE MAP 04021 CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE OVERALL NET AREA 834,720 SQ.FT. 19.1625 AC. o
DECEMBER 4, 2007. TOTAL NUMBER OF LOTS 118
TOTAL NUMBER OF TRACTS 9 ~
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TOTAL LOT AREA 584,382 SQ.FT. 13.4156 AC. � s� J oN w m
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TOTAL OPEN SPACE 250,338 SQ.FT. 5.7470 AC. ���� �CATF�f'L z z zo o
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TOTAL RIGHT OF WAY 209,531 SQ.FT. 4.8102 AC. BRIAN J. J z �
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BENEDICT
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OPEN SPACE PERCENTAGE 24% °o,1e 6/9/22 o 1 Q Q a-
DENSITY (DU/AC): 4.92 9R�ZONgd\03 � Q
PER GROSS AREA =
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w N
WEST QUARTER CORNER a ° o
SECTION 19 TOWNSHIP 1 N
SOUTH, RANGE 8 EAST .N
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FOUND BRASS CAP GLO w J X
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N89'21 '53"E 664.080 LLI
------- LEGEND v
0 FOUND MONUMENT AS NOTED a zo
SOLINA AVENUE KD FOUND BRASS CAP IN HAND HOLE , U
1 - - - - - o FOUND BRASS CAP FLUSH Q
569.08' - - - - -
_ _ _ - - - - - - - -- o SET BRASS CAP FLUSH ui
SET 1 2" REBAR W CAP, ~ Q
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ui
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\�`�`LQ' I 2.83 RLS 32222 OR AS NOTED = Z O��. � �
BOUNDARY LINE a Q
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I- 8 PUFE CENTER LINE � II.- z
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I I N89°21'53"E 80.00' - - - RIGHT OF WAY co O O
I I - - - 5.00' S89°21'53"W 240.00' - - - - - -_- - - - - - - - - � � U
I� 20' SEWER 40.00' 40.00-' -40.00' 40.00' 40.00' 40.00' 40.00' �40-.00- -' PARCEL LINE Z w z
EASEMENT I Q Q EASEMENT LINE O w
I 1 C, I o z O R/W RIGHT-OF-WAY w
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v N � j o 00 0 0 0 00 �o W PUFE PUBLIC UTILITY AND FACILITIES EASEMENT U
w I I TRACT A I N o; a; °' °' = VNAE VEHICLE NON-ACCESS EASEMENT a p
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o C-DI 302 0 303 0 4 305 306 307 308 309 a: 9 �31 1 � PCR PINAL COUNTY RECORDS � � Q
= a•; I 1 00 1 o °' 30 0 '- o 0 o w o = MCR MARICOPA COUNTY RECORDS Z
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rn C14I ZONE X o I oo ;� ;7 M �`' f' RLS REGISTERED LAND SURVEYOR
Y 0 1� , z m o 0 0 0 o z �, z APN ASSESSOR PARCEL NUMBER CD V w 0 1 VNAE ? z z z z z
°° z �'4 1 1 L=4_97' I - +- - - - _ _ - - - - _ - - 0 33'X33' SIGHT VISIBILITY EASEMENT W
,� N� I I FLOODPLAIN �� - - - - - ' - - - ' - - -
m I 1 i �ti I 30.06 40.00 40.00 40.00 40.00 40.00 40.00 40.00 W
3 p I I �r��. C6 � 319.33' _ W
o � ^ Q 1 r '� � _ _ N89°21'53"E 338.08' _ _ _ cc
� °�000 I I ZONE A \� STANTON AVENUE
Q o M Z I I G i 338.08 CK -
m o Q I I I 1 ,�h i 58.08' - -40.00' - 40.00' - - 40.00'- 40.00' - 40.00' - - 40.00'- 40.00' -
o I I S89°21'53"W 124.05' �, _ r
z I I - T - - - - - - - - - - 16' ���� 1- 1' VNAE 1
w I I o I L=11.87 R/W w I � 00
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w I > 13.75 I I a; ci � a� a�
I S89°21'53"W 128.92 1 R/W I ? I_ '�' LINE TABLE
13' PUFE I I 1 288 287 286 285 w 284 `1' 283 `1' 282 w 281 280
1 o I I 1 ,� ,� o LINE NO. DIRECTION LENGTH
o o o 0 0 0 0 0
I o 10 300 I o w 1 I ° , ° ° ° ° L11 N44°21'53"E 42.43' 0
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0 0 0
o f 11' VNAS89°21'53"W 128.92' 1 I o f o 0 0 0 0 0 c) O
L15 N44 21 53 E 28.28
� j 1 124.00' p l I o f
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I o 299 I o I TRACT D w 1 40.00 40.00 40.00 40.00 40.00 40.00 40.00 _
I I o°' 1 0 1 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' = o 0
jr 8 1 PUFE I oo I L z
I S89°21'53"W 124.00' 1 I �' I V
o F- CURVE TABLE CD
- - - - - i i i o to t o I N i ocn i o o Y
o I 298 1 0 Lo �n CURVE NO. RADIUS DELTA LENGTH
50' DRAINAGE FACILITIES I 1 I '° 1� I � o I I a' a' C6 °' °' °' °' U
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AZ STATE LAND R/W NO. I� CD
j i I ° , � j o w w w w w w w C6 45.00' 19°04'53" 14.99'
18-118098 I I TRACT A o S89 21 53 W 124.00 Ln 263 � 264 � 265 1 266 ;� 267 ;� 268 � 269 � 2�0 71
I o w o �, cn Q
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I cn I I c^0000 1f 13' PUFE ;� I o 0 0 0 0 0 o C8 45.00 19 04 53 14.99
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I If 20' SEWER I o S89°21'53"W 124.00' I _ 0 16 \�\ - j� 1' VNAE - - - _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ C10 36.00' 90°00'00" 56.55'
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EASEMENT o 296 0 + R/W - - - - - - - - - - - - - - - - - - - - - - - -
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1 I- 1 VNAE 13 PUFE �I 1 ` , „ 338.08' , �
I S89°21'53"W 124.00' _ _ N8_9°21 53 E 374.08 PAULDING AVENUE -
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ZONE X 409.65 a N
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00 40 20 0 40 80
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m SCALE: 1" = 40' W
S84°2102"W 145.52_
5.37' 67'
S87 46 24 W 198.76' 39.68' ?, v
66-17
_ _ _ _ _
39.73' 39•76' z �s2° CURVE TABLE c
39.81' 39.73' 39.73' z
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7 4 w oo �����O N C3 45.00' 19°04'53" 14.99' FOUND MONUMENT AS NOTED W.
o -coM FTI '`? 0i C4 N 317 )4'�p w FOUND BRASS CAP IN HAND HOLE Lu
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c=i� 3 1 3 2 314 00 r` �- Ln ,�,`� ,� rn m = Z oz
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° 1 36.00 85 53 57 53.97 RLS 32222 OR AS NOTED �
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9.26' - - - - - - - -
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L=41.26'
' L=41.26' L=41.26' L=41.26' , C5 �, �p N6� WII N i `� - CENTER TER LINE
L=31.71 rn Z
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L=252.03 „ ZE RIGHT OF WAY O w
AVENUE CA
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1 L=25.84 w
10 L=272.99 LA
65' L-39.64' L=35.14� CAA 16, I L=9.13 I� v - - - - - - - - - EASEMENT LINE p Q z
L=39.62' L=39.65 L=39.65 L 39.65 =_ - _ _ _ _ _ i - 8"E 123.62 w z of- - - - - - - - - - - - - 16' N8�, 0°27'2 R/W RIGHT-OF-WAY a Q
T 1' VNAE-� c- o� LINE TABLE PUFE PUBLIC UTILITY AND FACILITIES EASEMENT LL
3' PUFE I �,, I L=5.86 320 -r, I _ co z
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m 276 NI 11 �� �- N$ - _ _ L1 S08°27'33"E 41.50' W
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W N89°11'35"E 41.10' - - _ _
= 41.07' 41.08' 41.10' 41.08' _ _ _ _ _ L5 S09°32'32"E 58.00'
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SECTION 30, TOWNSHIP 1 ~
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MAP OF DEDICATIONz 00
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DEDICATION FORm LO M
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STATE OF ARIZONA 'REVERENCE
1
)SS R EVE R E N C E AT SUPERSTITION VISTAS - PHASE 1 A _ W 09 1:
COUNTY OF PINAL ) N
LOCATED IN THE SOUTH HALF OF SECTION 19 AND THE
KNOW ALL MEN BY THESE PRESENTS: a
NORTH HALF OF SECTION 30, TOWNSHIP 1 SOUTH , - -
THAT
NAME OF "REVERENCE AT SUPERSTITION VISTAS — PHASE OWNER,1 A" LOCATED HAS SUBDIVIDED
DTHE DER RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN , Q< CN
THE N
SOUTH HALF OF SECTION 19 AND THE NORTH HALF OF SECTION 30, TOWNSHIP 1 SOUTH, PINAL COUNTY, ARIZONA SOLINA ROAPi4UE
SETION 19
RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS REVERENCE o w 0
SHOWN AND PLATTED HEREON AND HEREBY PUBLISHES THIS PLAT AS AND FOR THE ROAD 'a N
PLAT OF "REVERENCE AT SUPERSIITlION VISTAS - PHASE 1A" HEREBY DECLARES THAT SHEET 2 z a o air Z Q
o APACHE z a X
SAID PLAT SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE LOTS, o � o : W = Z
c> JUNCTION o o z w
TRACTS, STREETS AND EASEMENTS CONSTITUTING SAME AND THAT EACH LOT, TRACT SOLINA AVENUE z _
AND STREET SHALL BE KNOWN BY THE NUMBER, LETTER, OR NAME GIVEN EACH N a- o 00
z -i w a
RESPECTIVELY ON SAID PLAT. AS OWNER, wVENPINAL 0 W
HEREBY DEDICATES TO THE PUBLIC, FOR USE AS SUCH, THE STREETS AND EASEMENTS Q COUNTY - N
AS SHOWN ON SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. ��G SECTION 30
EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. SHEET 3 SHEET 4
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ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF VICINITY MAP r
APACHE JUNCTION. �p NOT TO SCALE co
THE CITY OF APACHE JUNCTION DOES HEREBY ABANDON ALL RIGHTS AND INTEREST IN OK TRACT A �O T1S, R8E = Z Z
THOSE PORTIONS OF THE RIGHT OF WAY FOR HIGHWAY PURPOSES FILED UNDER R/W N o a 0 0
NO. 09-002458 RECORDS OF THE ARIZONA STATE LAND DEPARTMENT AS SHOWN OWNER/DEVELOPER ~
HEREON. O w —
DR HORTON co cr �
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EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, Z 2525 WEST FRYE AVENUE, SUITE 100 Q w
HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE —p CHANDLER, AZ 85224 z_ z
VEHICULAR NON-ACCESS EASEMENTS AND PUBLIC UTILITY AND FACILITY EASEMENTS, AS w CONTACT: JOSE CASTILLO 0 U
SHOWN ON THE SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE TRACT A DIVISION VICE PRESIDENT OF LAND DEVELOPMENT Q 0:� —
DEDICATION OF REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION SHEET 7 PHONE: (480) 791-1593 Z 00 Q 0
TO THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITY'S USE AS PUBLIC
RIGHT-OF-WAY. THE DEDICATION OF REAL PROPERTY MARKED AS PUBLIC UTILITY AND SHEET 5
FACILITIES EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT SHEET 6 RAY AVENUE SURVEYOR �- 0 0 W
TO THE CITY, WITH SUCH DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT, HILGARTWILSON, LLC w U 0
INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND 2141 E. HIGHLAND AVE., STE. 250 Z
FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, PHOENIX, 02 4 A 85015 W w
STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, RAY AVENUE PHONE: (6 ) 90-053 a --d w LL
CABLES, FIBER OPTICS, COMMUNICATION AND SIGNAL LINES, TRANSFORMERS, VAULTS, SHEET INDEX BASIS OF BEARING CONTACT: BRIAN J. BENEDICT, RLSco
o U 0
MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET LIGHTS, STREET NTS Q Q
PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, BASIS OF BEARING IS N00°38'07"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER H w Q
PUBLIC TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER Q
DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON. LV Q
APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES APPROVALS V 2 Q
TO THE FOREGOING, TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR Z
FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED IN A MANNER THAT THIS MAP OF DEDICATION HAS BEEN CHECKED FOR CONFORMANCE WITH THE LV w
CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR REQUIREMENTS OF THE LAND DEVELOPMENT CODE AND ANY OTHER APPLICABLE c
PUBLIC IMPROVEMENTS) AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN ORDINANCE AND REGULATIONS AND THAT PUBLIC STREET CONSTRUCTION ASSURANCES W
INGRESS AND EGRESS TO, FROM, AND ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, LIENHOLDER RATIFICATION WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. W
THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC UTILITY AND FACILITY STATE OF ) �
EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER )SS
EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS APPROVED OTHERWISE ----------------------------------------------------------
BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS PLAT ARE COUNTY OF _______ ) PUBLIC WORKS DIRECTOR DATE
PERPETUAL AND NONEXCLUSIVE EASEMENTS. KNOW ALL MEN BY THESE PRESENTS:
IN WITNESS WHEREOF: THAT THE UNDERSIGNED AS BENEFICIARY OF THAT CERTAIN DEED OF TRUST RECORDED IN FEE N0. ----------------------------------------------------------
DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE
AS OWNER, HAS HEREUNDER CAUSED ITS ---------- RECORDS OF PINAL COUNTY, ARIZONA, HEREBY RATIFIES, AFFIRMS AND APPROVES
NAME TO BE SIGNED AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF THIS FINAL PLAT, THE DECLARATION OF RESTRICTIONS RECORDED CONCURRENTLY HEREWITH AND EACH MAYOR
______, ITS __________________________ THEREUNTO DULY AND EVERY DEDICATION CONTAINED HEREIN. APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS
AUTHORIZED THIS _____ DAY OF_________________, ------ IN WITNESS WHEREOF, THE UNDERSIGNED HAVE SIGNED THEIR NAMES THIS ______ DAY OF ----- DAY OF ------------------------- 20__. AND THE CITY
COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN ON BEHALF OF THE o
------' 20_-. PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER C/�
SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT
BY: -------------------------------- - THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER Q
RESOURCES AS HAVING AN ASSURED WATER SUPPLY.
ITS: BY: ---------------------------------- _
----------------------------------
0
ITS: ---------------------------------- BY:
o
-------------------------------------------
MAYOR 0
0 Z
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ACKNOWLEDGMENT ATTEST: ________________________________________
CITY CLERK
STATE OF ARIZONA ) ACKNOWLEDGMENT °' �
)SS STATE of ARIZONA CERTIFICATION U) Q N
COUNTY OF PINAL ) A E AR A )SS THIS IS TO CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF ALL THE CL cV
EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE E Q Z >
ON THIS _ DAY OF ------------------------ _____, BEFORE ME, COUNTY OF PINAL ) PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY
---------------- ----
THE UNDERSIGNED PERSONALLY APPEARED _________________________________________, 0
WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ON THIS _____________________ DAY OF _______________________, _____, BEFORE ME, CERTIFY TO ITS CORRECTNESS AND THAT ALL LOTS ARE STAKED OR WILL BE STAKED
AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER 0
.-
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN THE UNDERSIGNED, PERSONALLY APPEARED _________________________________________, RECORDATION.
CONTAINED. WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE Ln o m
INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN c, ,o N
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. CONTAINED. BRIAN J. BENEDICT J � w w m
RLS 32222 \� ��FICATFN pL� o o o o
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _________________ IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. c, c`� o J z >
HILGARTWILSON, LLC �, 32222 o z
2141 E. HIGHLAND AVE., STE. 250 r BRIAN J. o Q Q
NOTARY PUBLIC: ___________________ MY COMMISSION EXPIRES: _________________ PHOENIX, ARIZONA 85016 aBENEDICT Q o Q < < m
0 6/30/22,:` J 0 Q
P: 602.490.0535 �Ps�gned...
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SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR
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1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF CURB SHALL BE THE 1 o
RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION OR THE ABUTTING LOT, TRACT OR PARCEL OWNER. M
'a 00
M z Q
2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALL BE THE RESPONSIBILITY OF mi w = Z
THE HOMEOWNER'S ASSOCIATION. NORTHWEST CORNER SECTION 19, o
TRACT TABLE TOWNSHIP 1 SOUTH, RANGE 8 EAST ]a w a
3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE RESPONSIBILITY OF THE FOUND BRASS CAP GLO Fc w It
TRACT AREA (SQ.FT) AREA (ACRES) USE �
HOMEOWNER'S ASSOCIATION. N
CD -cD
TRACT A 5,073,824 116.4790 FUTURE DEVELOPMENT
4. CONSTRUCTION WITHIN PUBLIC UTILITY AND FACILITIES EASEMENT SHALL BE LIMITED TO UTILITIES, REMOVABLE
FENCES AND DRIVEWAYS. CD o �5. NO STRUCTURES' EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN DRAINAGE PATHS OR NOTES: z Q
COMMON AREAS MAY INCLUDE OPEN SPACE LANDSCAPING
RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS AND, EXCEPT AS MAY BE APPROVED BY 1. I �
DEVELOPMENT SERVICES ENGINEER, FENCING WILL BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS PEDESTRIAN PATHS AND/OR AMENITIES.
THAT CANNOT IMPEDE WATER FLOW OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION SHALL 2. SPECIFIC EASEMENTS THAT ARE BEING DEDICATED AS PART OF THIS — Q Z
NOT BE PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION BASINS WHICH PLAT ARE FULLY DELINEATED ON THE FOLLOWING SHEETS. a p
WOULD IMPEDE THE FLOW OF WATER. 3. THE USES SHOWN IN THE TRACT TABLE ABOVE DO NOT INTEND TO z 0 >- � � 0
GRANT EASEMENTS THAT ARE BLANKET IN NATURE OVER THE o z H- o a U _
ENTIRE TRACT. o o � � " � cii
6. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE RESPONSIBILITY OF Ld � ,� 0 z uj � 0
THE HOMEOWNERS' ASSOCIATION. SHOULD THE ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING `�' `' � a "' Q w
ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, AT ITS w a_ w a- Q m co z_ z
DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND CHARGE THE HOMEOWNERS' � J) � og w z N � O U
z cr_
ASSOCIATION THE COST OF THE MAINTENANCE. C) L, Q Q —
� � z � I— I Z Q Q
7. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS OUTLINED IN § w � o —
0
1-8- 6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING ORDINANCE, VOL. II, APACHE JUNCTION `" z co WEST QUARTER CORNER H- ~p O W
CITY CODE. ALL EXISTING AND PROPOSED ONSITE OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. ocr- ; SECTION 19, TOWNSHIP 1 J U 0
~ o co SOUTH, RANGE 8 EAST (f� w z
8. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL HAVE THE RIGHT TO CALCULATED POSITION UJI =)
ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON THE HOMEOWNERS' ASSOCIATION OR Wa w LL
ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. MAP OF DEDICATION SITE SUMMARY TABLE _
9. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY OWN WITHIN THE
ZONING MPC CD co Q Q 0
SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY THROUGH TAX FORECLOSURE OR OVERALL GROSS AREA 6,021,563 SQ.FT. 138.2361 AC. LINE TABLE � SECTION 24 TOWNSHIP 1
EAST QUARTER CORNER H Q
FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH a
OVERALL NET AREA 5,073,824 SQ.FT. 116.4790 AC. LINE NO. DIRECTION LENGTH 1 SOUTH, RANGE 7 EAST z
THE TRACT OR THE EASEMENT IS LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN TOTAL NUMBER OF TRACTS ' 1 p
FOUND BRASS CAP GLO W
INTEREST AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE L1 N89°21'53"E 65.00' V 2
FACILITIES, LANDSCAPING AND AMENITIES. TOTAL OPEN SPACE 5,073,824 SQ.FT. 116.4790 AC. W w
TOTAL RIGHT OF WAY 947,738 SQ.FT. 21.7571 AC. L2 S00°38'07"E 261.29' m
10. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY EASEMENTS WHEN LV
DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS FACILITIES IN PUFE'S ON THIS PLAT. OPEN SPACE PERCENTAGE 84% ,
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FLOOD ZONE DESIGNATION o FOUND BRASS CAP FLUSH 00. w I z
THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED DIRECTLY FROM THE FEDERAL EMERGENCY Sao 0
MANAGEMENT AGENCY (FEMA) WEBSITE. HILGARTWILSON, LLC AND THE UNDERSIGNED REGISTERED PROFESSIONAL LAND SURVEYOR SET 1/2" REBAR W/ CAP, I CD J
MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE FOLLOWING FLOOD ZONE DESIGNATION STATEMENT. RLS 32222 OR AS NOTED oo
„ „ BOUNDARY LINE + IZ R W
THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE X WITH A DEFINITION OF: 0.2-PERCENT-ANNUAL-CHANCE FLOODPLAIN, SECTION LINE 1 /
AREAS OF 1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT,
AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF LESS THAN 1 SQUARE MILE, OR AREAS CENTER LINE o
PROTECTED FROM THE BASE FLOOD BY LEVEES. NO BFES OR DEPTHS ARE SHOWN IN THIS ZONE, AND INSURANCE PURCHASE IS
NOT REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE RIGHT OF WAY _ _ _ __ L
DATE DECEMBER 4, 2007. PARCEL LINE MATCH SHEET 03 0 c�
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EASEMENT LINE Q) 0
A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "AE" WITH A DEFINITION OF: 1—PERCENT—ANNUAL—CHANCE ° Q
EASEMENT TO BE ABANDONED HEREON
FLOODPLAINS THAT ARE DETERMINED FOR THE FIS BY DETAILED METHODS OF ANALYSIS. IN MOST INSTANCES, BFES DERIVED FROM N
THE DETAILED HYDRAULIC ANALYSES ARE SHOWN AT SELECTED INTERVALS IN THIS ZONE. MANDATORY FLOOD INSURANCE R/W RIGHT-OF-WAY J q
PURCHASE REQUIREMENTS APPLY. AE ZONES ARE AREAS OF INUNDATION BY THE 1-PERCENT-ANNUAL-CHANCE FLOOD, INCLUDING PUFF PUBLIC UTILITY AND FACILITIES EASEMENT U) vi
AREAS WITH THE 2-PERCENT WAVE RUNUP, ELEVATION LESS THAN 3.0 FEET ABOVE THE GROUND, AND AREAS WITH WAVE v N
HEIGHTS LESS THAN 3.0 FEET. THESE AREAS ARE SUBDIVIDED INTO ELEVATION ZONES WITH BFES ASSIGNED. THE AE ZONE WILL MCR MARICOPA COUNTY RECORDS E Q Z >
GENERALLY EXTEND INLAND TO THE LIMIT OF THE 1—PERCENT—ANNUAL—CHANCE STILLWATER FLOOD LEVEL (SWEL). DESIGNATION PCR PINAL COUNTY RECORDS o I-- N
DETERMINED BY FEMA FLOOD ZONE MAP 04021 CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. N
RLS REGISTERED LAND SURVEYOR U)
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CITY COUNCIL
CONSENT AGENDA STAFF REPORT
DATE : August 16, 2022
TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
Rudy Esquivias, Development Services
Director
CASE NUMBERS : Map of Dedication for Reverence at
Superstition Vistas - Phase 1A (SV-22-27)
OWNERS : D.R. Horton
APPLICANT: Jose Castillo II, D.R. Horton
REQUEST: Approval of Map of Dedication for Meridian
Road, Solina Avenue, Reverence Road, and
Ray Avenue
LOCATION: Southwest area of Section 19
BACKGROUND
On October 5, 2021, the City of Apache Junction approved the
Auction Property at Superstition Vistas Master Planned Community
Plan.
Most recently, D.R. Horton has submitted final plats for Parcels
19 . 1, 19 . 2, 19 . 12, and 19 . 13 . Staff has found the final plats
and proposed map of dedication to be in conformance with the
preliminary plat, the Auction Property at Superstition Vistas
Master Planned Community Plan and the Superstition Vistas Master
Infrastructure Reports .
The applicant is requesting approval of a Map of Dedication for
Meridian Road, Solina Avenue, Reverence Road and Ray Avenue. The
"SV-22-27,Map of Dedication for Reverence at Superstition Vistas-Phase IA"
August 16,2022 City Council Staff Report
1
192
proposed roadways will serve as access to the development of
Reverence at Superstition Vistas Phase 1A. The proposed road
improvements will be constructed with the first phase of
construction.
PLANNING DIVISION RECOMMENDATION
Staff is supportive of the proposed Map of Dedication because of
its conformance with the Auction Property at Superstition Vistas
Master Planned Community Plan and the Superstition Vistas Master
Infrastructure Reports, and respectfully recommends that the
City Council approve the proposed request.
---------------------------------------------------------------
RECOMMENDED MOTION FOR MAP OF DEDICATION
I move that the Apache Junction City Council approve SV-22-27,
Map of Dedication for Reverence at Superstition Vistas - Phase
1A, as requested by D.R. Horton (applicant) , generally located
in the southwest area of Section 19 .
Prepared by Sidney Urias
Principal Planner
Attachments :
Exhibit #1 - Map of Dedication for Reverence at Superstition
Vistas - Phase 1A (SV-22-27)
"SV-22-27,Map of Dedication for Reverence at Superstition Vistas—Phase IA"
August 16,2022 City Council Staff Report
2
193
�PQpCNF✓
ti Public Works Department
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Home of the Superstition Mountains
gHIZON
Date: August 2, 2022
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Heather Hodgman, Administrative Services Manager
Subject: Proposed Purchase of General Fund Vehicles
The public works department budgeted $1,094,000 for three detective vehicles, two prisoner
transport vans, one evidence vehicle, six patrol vehicles, five parks and recreation vehicles, one
building maintenance vehicle, and one library van including accessories and equipment using
general funds in the city's Fiscal Year 2022/2023 budget approved by city council in June. Staff
respectfully requests these items for the purchase in an amount not to exceed $1,094,000 be
placed on the consent agenda for the September 6, 2022 city council meeting as done in prior
years.
Police Department Detectives
1- 2022 Ford Explorer XLT to replace unit 20-344 with 109,777 miles in poor condition
2- 2022 Ford Edge- additions to the fleet
Police Department Evidence
1- 2022 Ford Explorer to replace unit 20-348 with 121,776 miles in fair condition
Prisoner Transport Van
1- 2022 Ford F-350 Transit Van to replace unit 20-323 with 231,000 miles in fair/poor
condition
1- 2023 Ford Transit 350 DRW to replace unit 20-353 with 194,495 miles in fair condition
Patrol
1- 2022 Ford Explorer Police Utility Interceptor to replace unit 20-387 with 98,267 miles in
poor condition
1- 2022 Ford Explorer Police Utility Interceptor to replace unit 20-389 with 102,226 miles in
poor condition
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 195
PP p,C NF
Public Works Department
Home of the Superstition Mountains
gRIZONA
4- 2022 Ford Explorer Police Utility Interceptors- additions to the fleet
Parks and Recreation Department
1- 2022 Ford F-350 DRW Truck with an 11-foot dump bed to replace unit 50-157 with
80,000 miles in poor condition
1- 2022 Ford F-350 DRW Truck with an 11-foot dump bed to replace unit 50-158 with
75,000 miles in poor condition
1- 2022 Ford F-350 DRW Truck with an 11-foot dump bed to replace unit 50-149 with
73,315 miles in poor condition
1- 2022 Ford F-150 XL Super Crew Truck to replace unit 50-218 with 96,135 miles in poor
condition
1- 2022 Ford F-150 XL Super Crew Truck to replace unit 50-205 with 105,000 miles in poor
condition
Library Department
1- 2022 Ford Transit Connect 8 Passenger Van to replace unit 80-001, 80-003 and 80-004
Building Maintenance
1- 2022 Ford Super Crew XL Truck to replace unit 30-241 with 142,622 miles in poor
condition
The purchase of these vehicles would be through the cooperative State of Arizona Contract#
CTR059322 and CTR060664.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 196
�PQpCNF✓
ti Public Works Department
J�G�U Z
Home of the Superstition Mountains
gHIZON
Date: August 2, 2022
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Heather Hodgman, Administrative Services Manager
Subject: Proposed Purchase of HURF Fund Equipment and Vehicle for Public Works
The public works department budgeted $363,550 for a 2022 Ford F-450 DRW Sign Truck, 2023
Freightliner M2-60 Cab with dump bed, 2023 Ford F-150 XL Supercrew truck and 2023 Ford F-
350 DRW XL Dump Truck using highway user revenue funds (HURF) in the city's Fiscal Year
2022/2023 budget approved by city council in June. Staff respectfully requests these items for
the purchase in an amount not to exceed $363,550 be placed on the consent agenda for the
September 6, 2022 city council meeting as done in prior years.
1- 2022 Ford F-450 DRW Sign Truck to replace unit 30-271 with 120,620 miles and in poor
condition.
1- 2023 Freightliner M2-60 Cab with Dump Bed to replace unit 30-219 with 100,252 miles
and in fair/poor condition
1- 2023 Ford F-150 XL Supercrew Truck- new addition
1- 2023 Ford F-350 DRW XL Dump Truck- new addition
The purchase of the Freightliner would be through the State of Arizona cooperative contract#
CTR041810. The vehicles would use the State of Arizona contract# CTR059322 and
CTR060664.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 197
Public Works Department
LA410 el AI 0 9 e4 J
1� Home of the Superstition Mountains
MEMORANDUM
DATE: August 1, 2022
TO: Mayor and Members of City Council
THROUGH: Bryant Powell, City Manager
FROM: Michael Wever P.E., Public Works Director
SUBJECT: Utilization of Hazard Mitigation Grant Program
HFE22-25 Weeks Wash Regional Multi-Use Detention Facility
REQUEST
Staff respectfully requests the mayor and city council, discuss and consider an Intergovernmental
Agreement with Pinal County Flood Control District ("District") for the planning and design for the
Weekes Wash Regional Multi-Purpose Stormwater Detention Facility flood control project.
BACKGROUND
The city requested and has been awarded funds from the Hazard Mitigation Grant Program "HMGP".
FEMA's Hazard Mitigation Grant Program provides funding to state, local, tribal and territorial
governments so they can develop hazard mitigation plans and rebuilding a way that reduces, or
mitigates, future disaster losses in their communities.
This project includes planning and design for a regional flood control facility. The District will act as the
leading agency and will invoice the city. The cost for planning and preliminary design and preparation
of HMGP documents is $374,138.00, which the District will invoice to the City.
575 E. Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • FAX (480) 983-5872
199
Public Works Department
LA4/ 1AIA09e4 V
�.,
Home of the Superstition Mountains
DISCUSSION
The City is in an agreement with the District for the following: the City will reimburse the District for for
planning and preliminary design and preparation of HMGP project documents in the amount of
$374,138.00.
RECOMMENDATION
The City has pursued and is hoping to utilize these available funds for the construction of the Weekes
Wash Regional Multi-Purpose Stormwater Detention Facility.
The Public Works Department is requesting City Council approval to enter into an Intergovernmental
Agreement "IGA" with the District which will become the lead agency for the planning and design of the
project.
ACTION REQUIRED
Discussion and consideration of the proposed Intergovernmental Agreement with the District.
Attachment 1: Intergovernmental Agreement
Attachment 2: Exhibit A (Study Area and Project Site)
575 E. Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • FAX (480) 983-5872
200
RESOLUTION NO. 22-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH PINAL COUNTY FLOOD CONTROL DISTRICT FOR
THE WEEKES WASH REGIONAL MULTI-PURPOSE STORMWATER
DETENTION FACILITY FLOOD CONTROL PROJECT.
WHEREAS, the City of Apache Junction ("City") and the Pinal
County Flood Control District ("District") desire to enter into
an Intergovernmental Agreement ("IGA") for the purposes of
submitting for a grant for the Apache Junction Regional Flood
Control Project (the "Project") ; and
WHEREAS, the City acquired funds through the Hazard
Mitigation Grant Program ("HMGP") for the construction of the
Project; and
WHEREAS, the District shall be the designated agent for the
City; and
WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities
may enter into IGAs with other municipalities and governmental
entities for joint or cooperative activities; and
WHEREAS, the parties have crafted the attached written
agreement in the form of an IGA which formalizes the
arrangement; and
WHEREAS, the attached written IGA sets forth the financial
and administrative conditions for the Project; and
WHEREAS, the City will reimburse the District for all
invoices related to the Project; and
WHEREAS, the City will prepare and submit all required
documents to HMGP in order to be reimbursed; and
WHEREAS, the City will contribute $374, 138 . 00 for the design
Project costs .
RESOLUTION NO. 22-34
PAGE 1 OF 2
201
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The mayor and city council approve the attached form of the
IGA set forth in the Attachment; and the mayor is hereby
authorized to sign the agreement on behalf of the city.
2) The city manager and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution and to fulfill all
the duties required under the IGA.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS DAY OF , 20
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 22-34
PAGE 2 OF 2
202
When Recorded Return to:
Pinal County Flood Control District
Christopher Wanamaker,PE,CFM
85 N Florence Street
PO Box 727
Florence,AZ 85132
IGA#
INTERGOVERNMENTAL AGREEMENT
FOR PLANNING AND DESIGN(PHASE 1)OF
APACHE JUNCTION REGIONAL FLOOD CONTROL PROJECT
BETWEEN FINAL COUNTY FLOOD CONTROL DISTRICT
AND THE CITY OF APACHE JUNCTION
Agenda Item
This Intergovernmental Agreement ("Agreement") is entered into by and among Pinal County
Flood Control District a political subdivision of the State, acting by and through its Board of
Directors (hereinafter referred to as "DISTRICT") and the City of Apache Junction, an Arizona
municipal corporation (hereinafter referred to as "APACHE JUNCTION"). DISTRICT and
APACHE JUNCTION are hereinafter collectively called the PROJECT PARTNERS.
This Agreement shall become effective as of the date it has been executed by all parties and may
be recorded by the Pinal County Recorder.
STATUTORY AUTHORIZATION
I. APACHE JUNCTION is empowered by Arizona Revised Statutes ("A.R.S.") Section 9-240
and 11-951 et. seq. to enter into this Agreement and has authorized the undersigned to
execute this Agreement on behalf of APACHE JUNCTION.
2. DISTRICT is empowered by A.R.S. Section 48-3603, as revised, to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of
DISTRICT.
RECITALS
3. The Weekes Wash watershed originates in the Orohai and Superstition Mountains. It
encompasses approximately 10 square miles in northeast Apache Junction and surrounding
unincorporated Pinal County. The wash flows from northeast to southwest and crosses
through the rural, suburban, and urban areas of Apache Junction. Because of a lack of
watershed-based flood control infrastructure, flooding from the wash in low-lying areas of
Apache Junction is common. The wash is hydraulically active and routinely contributes to
significant sediment transport which is commonly deposited on roadway crossings and
private properties downstream of State Route 88.
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4. The issues surrounding the flooding areas have for years created challenging problems for
development and redevelopment of the area. The City of Apache Junction has submitted a
Notice of Intent to apply for a grant for the Apache Junction Regional Flood Control Project
(hereinafter referred to as "PROJECT") through the Hazard Mitigation Grant Program
(hereinafter referred to as "HMGP").
5. The PROJECT seeks to mitigate significant stormwater impacts and sediment transport risks
within a well-defined portion of Weekes Wash, located upstream of existing rural
development in order to provide downstream risk reduction. The PROJECT will provide
increased public safety, enhanced emergency access, and reduce risk to utility infrastructure,
while decreasing the burden of post storm cleanup services. Furthermore, the PROJECT will
mitigate the potential for repetitive loss properties while also providing a reduction to the
effective FEMA floodplain delineations for Weekes Wash.
6. This Agreement is for the planning and preliminary design of the PROJECT necessary to
complete the HMGP grant application (hereinafter be referred to as "Phase 1 of the
PROJECT"). Phase 1 of the PROJECT will investigate the feasibility of, and provide
preliminary design for, constructing a regional stormwater basin or a series of regional
stormwater storage basins on or adjacent to Weekes Wash, to be located north of Lost
Dutchman Boulevard and east of SR-88 (see Exhibit A). The undeveloped site consists of
multiple land ownerships, located on state and federal lands (Bureau of Land Management)
that will require purchasing a permanent easement for construction and maintenance of the
mitigation solutions. The ownerships are currently divided vertically through the area of
interest by the North Goldfield Road alignment. It is anticipated that a future
intergovernmental agreement will be entered into by the PROJECT PARTNERS to address
subsequent phases of the PROJECT, which are anticipated to include final design of the
PROJECT solution; acquisition of rights-of-way, fee simple property, and easements; utility
relocation; construction; construction management; and operation and maintenance.
PURPOSE OF THE AGREEMENT
7. This Agreement identifies and defines the responsibilities of APACHE JUNCTION and
DISTRICT for Phase 1 of the PROJECT activities related to planning and design.
TERMS OF AGREEMENT
8. APACHE JUNCTION shall:
8.1 Fund one hundred percent (100%) of the design cost for Phase 1 of the PROJECT,
anticipated to be $374,138.
8.2 Within thirty (30) calendar days of receipt, pending funding availability, reimburse
DISTRICT for all invoices related to Phase 1 of the PROJECT in accordance with the
terms of this Agreement.
8.3 Prepare and submit any required documentation to HMGP in order to be reimbursed
from the grant funding for the planning and design costs incurred during Phase 1 of the
PROJECT.
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8.3.1 APACHE JUNCTION agrees that reimbursement payments to DISTRICT
shall not be contingent upon receipt of reimbursement payments from the
HMGP grant.
8.4 Grant the DISTRICT permits at no cost for PROJECT investigations within APACHE
JUNCTION rights-of-way or easements.
9. The DISTRICT shall:
9.1 Serve as the lead agency for Phase 1 of the PROJECT.
9.2 Contract for engineering services to satisfy the intent of the PROJECT using a
procurement process authorized by A.R.S. Title 41.
9.3 Provide to APACHE JUNCTION interim PROJECT submittals and allow four (4)
weeks for review and comment. Incorporate APACHE JUNCTION comments into the
PROJECT as appropriate.
9.4 Provide sufficient DISTRICT staff to review the engineering submittals, participate in
the PROJECT meetings, manage and administer the PROJECT, and fulfill all other
requirements of this AGREEMENT.
9.5 Submit monthly invoices to APACHE JUNCTION for reimbursement of actual costs
for contracted engineering services.
10. Each PROJECT PARNTER, and the PROJECT PARTNERS collectively, shall:
10.1 Comply with A.R.S. Sections 41-4401 and 23-214, subsection A.
10.1.1 Each party to this Agreement retains the legal right to inspect the records of the
other parties' and any contractors' or subcontractors' employees performing
work under this Agreement to verify compliance with A.R.S. Sections 41-4401
and 23-214, subsection A.
10.1.2 Failure by any party to this Agreement to comply with A.R.S. Sections 41-4401
and 23-214, subsection A shall be deemed a breach of this Agreement and is
subject to penalties up to and including termination of the Agreement.
10.2 Require that any contractor selected for the PROJECT:
10.2.1 Warrant its compliance with all federal immigration laws and regulations that
relate to its employees and their compliance with A.R.S. Section 23-214(A);
10.2.2 Agree that a breach of the warranty under paragraph 21.2.1 shall be deemed a
material breach of contract and is subject to penalties up to and including
termination of the contract;
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10.2.3 Agree that the other parties to this Agreement retains the legal right to inspect
the papers of the contractor or subcontractor employee(s) who work(s) on this
Agreement to ensure that contractor or subcontractor is complying with the
warranty under paragraph 21.2.1;
10.2.4 Certify that it does not have a scrutinized business operation, as defined in
A.R.S. Sections 35-391 and 35-393, in either Sudan or Iran.
10.3 Have the right, following mutual written agreement of all PROJECT PARTNERS, to
delegate its responsibilities under this Agreement to another party. Any delegation,
however, shall not relieve the delegating PROJECT PARTNER of its original
responsibilities as defined herein.
10.4 In the case of any dispute over any items in this Agreement, agree to use their best
efforts and enter into good faith negotiations to resolve the disputed matters. However,
this shall not limit the rights of the PROJECT PARTNERS to seek any remedies
provided by law.
10.5 Agree to equally share the cost of a PROJECT compliance and cost audit to be initiated
within sixty (60) calendar days of PROJECT completion, if requested by any
PROJECT PARTNER. An independent auditing firm agreed to by the PROJECT
PARTNERS will perform the audit. Any payments or reimbursements necessary to
bring the PROJECT into compliance with the audit findings shall be made within forty-
five (45) calendar days of acceptance by the PROJECT PARTNERS.
11. The PROJECT may be phased for design and/or construction due to funding or other
coordination issues. Responsibilities of APACHE JUNCTION and the DISTRICT shall be
phased accordingly, including, but not limited to, invoicing, reimbursements, transfer of land
rights and accepting of operation and maintenance.
12. If mutually acceptable to the PROJECT PARTNERS, PROJECT invoicing may be
conducted periodically based on actual PROJECT COST incurred, no more frequently than
monthly, in lieu of invoicing timelines otherwise established in this Agreement.
13. Each party to this Agreement (indemnitor) shall, to the extent permissible by law, indemnify,
defend and hold harmless the others (indemnitees) including agents, officers, directors,
governors and employees thereof, from and against any loss or expense incurred as a result of
any claim or suit of any nature whatsoever, which arises out of indemnitor's negligent or
wrongful acts or omissions pursuant to this Agreement. Such indemnification obligation
shall encompass any personal injury, death or property damages resulting from the
indemnitor's negligent or wrongful acts or omissions, as well as reasonable attorney's fees,
court costs, and other expenses relating to the defense against claims or litigation, incurred by
the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as
provided by law.
14. All notices or demands upon any party to this Agreement shall be in writing and shall be
delivered in person or sent by mail addressed as follows:
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City of Apache Junction
CIO City Engineer
300 E Superstition Blvd
Apache Junction, AZ 85119
Pinal County Flood Control District
Christopher Wanamaker, PE, CFM
85 N Florence Street
PO Box 727
Florence, AZ 85132
15. This Agreement shall expire ten (10) years from the date of recording with the Pinal County
Recorder or upon completion of the PROJECT and after all funding obligations and
reimbursements have been satisfied in accordance with this Agreement, whichever is the first
to occur. However, by mutual written agreement of all parties, this Agreement may be
amended or terminated. The indemnification provisions of this Agreement shall survive the
expiration of this Agreement
16. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S.
Section 38-511.
17. Attached to this Agreement or contained herein are the written determinations by the
appropriate attorneys for the parties to this Agreement, that these agencies are authorized
under the laws of the State of Arizona to enter into this Agreement and that it is in proper
form.
18. If legislation is enacted after the effective date of this Agreement that changes the
relationship or structure of one or more parties to this Agreement, the parties agree that this
Agreement shall be renegotiated at the written request of any party.
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CITY OF APACHE JUNCTION
A Municipal Corporation
Approved and Accepted:
By:
Walter"Chip"Wilson Date
Mayor
Attest:
By:
Jennifer Pena Date
City Clerk
APPROVAL AS TO FORM
The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 1I-
952, as amended, by the undersigned General Counsel, who has determined that it is in proper
form and within the powers and authority granted to the City of Apache Junction under the laws
of the State of Arizona.
Richard Joel Stern Date
Counsel for Apache Junction
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PINAL COUNTY FLOOD CONTROL DISTRICT
A Municipal Corporation
By:
Jeffrey McClure Date
Chairman, Pinal County Flood Control District
Board of Directors
Attest:
By:
Clerk of the Board of Directors Date
APPROVAL AS TO FORM
The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 48-
3603 as amended, by the undersigned attorney who has determined that it is in proper form and
within the power and authority granted to the County of Pinal under the laws of the State of
Arizona.
Counsel for the Pinal County FCD Date
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EXHIBIT "A"
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StudyExhibit A
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Resolution 22 - 34 :
An Intergovernmental Agreement with
Pinal County Flood Control District for
Planning and Design ( Phase 1 ) of the
Apache Junction Regional Flood Control Project
Department of Public Works
August 16, 2022
By: Emile Schmid, P. E.
�
Background
• Weekes Wash presents a significant flood risk to many properties in the City of
Apache Junction, flooding and damaging properties as recently as 2019. ,.
• January filed a Notice of Intent with AZ Dept. of Emergency and Military Affairs
("AZDEMA") for Hazard Mitigation Grant Program ("HMGP") funds with an initial cost
estimate of $7,000,000.
• HMGP funding changed from 75/25 to 90/10, with the city providing 10% of the total
grant.
• City was awarded the grant and had six weeks to prepare a final submission package
to AZDEMA.
• HMGP funding changed from 75/25 to 90/10, with the city providing 10% of the total
grant.
• City utilized Pinal County Flood Control District engineering consultants for planning
& design.
Resolution 22-34: Weekes Wash Regional Flood Control Project Z
Background
• The city, the county, and the engineering consultants moved forward in good faith
due to the accelerated six-week schedule with commitments from all that the IGA
would be completed.
• During the six-week planning and initial design effort including multiple model storm
runs and 18 structures, the preferred alternative is a large detention facility.
• The planned multi-use detention facility will increase public safety, enhance
emergency access, reduce risk to utility infrastructure, and decrease the burden of
post-storm cleanup while offering the potential for integration of enhanced public
features.
• The project is expected to remove many properties downstream from the FEMA 100-
year floodplain for Weekes Wash, potentially saving residents flood insurance costs
and allowing for an improved quality of life.
Resolution 22-34: Weekes Wash Regional Flood Control Project 3
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WEEKES WASH
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WATERSHED `� •' r�r
Pinal County
PROPOSED FLOOD ��• '�• •.L
Apache Junction
CONTROL FACILITY
PROPOSED FLOOD
CONTROL FACILITY E--Lost°Dutchma,��Blvd , ; ; -
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Schedule
• Final Design anticipated to begin January 2023
• Total project duration including design and construction is 36 months
• Construction anticipated to begin 2024
• Future IGXs for final design phases of the project.
• City is currently looking at additional funding options and opportunities as the cost of
the preferred alternative will exceed the HMGP grant amount.
Resolution 22-34: Weekes Wash Regional Flood Control Project 5
I
The Public Works Department recommends
APPROVAL
Consent Agenda on 9/6/2022
L Quest 'ions
6how:
Thank You
Resolution 22-34: Weekes Wash Regional Flood Control Project 6
Date: — S- zZ CITY COUNCIL MEETING ROLL CALL
Work Study Regular pecial
CITY COUNCIL: Present b%excu Present Ab/excu Present Ab/excu
MAYOR WILSON V
VICE MAYOR RIZZI Vol ✓ ✓
COUNCILMEMBER Evans ✓
COUNCILMEMBER Heck ✓
COUNCILMEMBER Johnson ✓ 1� ✓
COUNCILMEMBER NESSER ✓ ✓
COUNCILMEMBER SCHROEDER v
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell 1/ V/'
Assistant City Manager Matt Busby L/
City Clerk Jennifer Pena ✓ l/'
City Attorney Joel Stern ✓
Assist to City Manager Anna McCray
Public Information Officer Al Bravo
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias i/ ✓
PW Director Michael Wever
Parks& Rec Director Liz Langenbach L/
ED Director Janine Solley
Library Director Pam Harrison
Finance Director Leslie DeReche
HR Director ITM Anna Mccray
Water District Director Mike Loggins
Municipal Court Judge
Deputy City Clerk Evie McKinney
Senior Planner Sidney Urias
Building&Safety Mgr Adrian Alegria
Plannin M Esquivias
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
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