HomeMy WebLinkAboutRES 21-50 RESOLUTION NO. 21- 0
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO
ENTER INTO THE SUPERSTITION VISTAS DEVELOPMENT
AGREEMENT FOR THE RETAINED PROPERTY WITH THE ARZONA
STATE LAND DEPARTMENT.
WHEREAS, the Arizona State Land Department ("ASLD") owns
approximately 5, 307 gross acres of real property (the
"Property") located within the roadway alignments of Ironwood
Drive, Baseline Avenue, Central Arizona Project Canal and State
Route 24 alignment, under unincorporated Pinal County
jurisdiction; and
WHEREAS, on June 16, 2021, the mayor and city council
passed Resolution No. 21-26, authorizing a procedural pre-
annexation agreement between the City and ASLD to address the
timing of Annexation and subsequent potential approval of the
Development Agreement ("Agreement") and rezoning; and
WHEREAS, the Property has been divided into six development
units and ASLD intends to conduct auctions to sell these units;
and
WHEREAS, the City desires to enter into the Agreement with
the ASLD, annex the Property into the City' s municipal limits in
accordance with A.R.S . § 9-471, process applications in the City
requesting rezoning the property to master planned community
zoning districts, and develop the property to provide for
quality growth in the area, improve and enhance the economic
welfare of the residents of the City and ensure that the
Property is developed in accordance with the Agreement; and
WHEREAS, the City has determined that the development of
the Property pursuant to this Agreement will result in
significant pudic benefits to the City and its residents; and
WHEREAS, the Agreement is authorized under A.R. S . § -
500 . 05 to facilitate the annexation, rezoning and development of
the Property by providing for conditions, terms, restrictions,
and requirements for annexation by the City; and
WHEREAS, this Agreement, for purposes of Apache Junction
City Code ("A. J.C.C. ") , Vol. II, Land Development Code, Chapter
1 ® Zoning Ordinance, Article 1® a Zoning Districts, § 1-4-2
Master Planned Community ("MPCII) District, Subsection I,
RESOLUTIO NO. 21-50
PAGE 1 OF 2
Development Agreement, requires that the Agreement be processed
and adopted concurrently with the rezoning.
NOW, THEREFORE, DD IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, that:
The mayor is authorized to enter into the Superstition
Vistas Development Agreement for the Retained Property
between the City of Apache .junction and ASLD, a copy of
which is attached hereto.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF 2021 .
SIGNED AND ATTESTED TO THIS® � DAY OF . � 2021 .
E
WALTER `®CHIP" WILSON
Mayor
ATTEST:
+EI ER Dlerk
APPROVED AS TO FORM:
el;� 1c) -'+-'0 1
RIC ARD J. STERN
City Attorney
RESOLUTION NO. 21-50
PAGE 2 OF 2
EXHIBIT
When recorded, return to:
City Attorney's Office
City of Apache Junction
300 Superstition Boulevard
Apache Junction, Arizona 85119
DEVELOPMENT AGREEMENT
FOR
SUPERSTITION VISTAS
THIS DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS (this
"Agreement") is entered into , 2021, by and between the City of
Apache Junction,an Arizona municipal corporation(the "City") acting by and through its mayor
and city council (the "Council"), and the Arizona State Land Department ("ASLD") acting by
and through the State Land Commissioner. The City and the ASLD are sometimes referred to
herein collectively as the "Parties" or individually as a "Party."
RECITALS:
A. The subject of this Agreement consists of approximately 5,307 gross acres of real
property located adjacent to the City limits in Pinal County, Arizona, legally described in Exhibit
A (Legal Description of the Property) and depicted in Exhibit B (Map of the Property), both of
which are attached hereto and incorporated herein by reference(the "Property").
B. The Property was land granted to the ASLD in trust by the Arizona-New Mexico
Enabling Act and administered by the State Land Commissioner (the "Commissioner") and the
ASLD pursuant to Article 28 of the Enabling Act, Article 10 of the Arizona Constitution, and
Arizona Revised Statutes ("A.R.S.") § 37-101 et seq. The Parties acknowledge that the Arizona
Legislature granted the Commissioner authority to determine appropriate uses of state trust
("Trust") lands and the Parties further acknowledge that any agreement permitting the City to
annex the Property and any future zoning uses of the annexed Property must serve the financial
interests of the Trust.
C. The Parties desire to have the Property annexed by the City (the "Annexation")
and to receive Council approval for zoning the Property to the Master Planned Community("WC")
zoning district, as more particularly described in the MPC Zoning Ordinance and Development
Plan currently pending approval from the City in Case No. P-21-5 I-MPC, ("Rezoning").
D. As depicted on Exhibit C and described in the Rezoning, the Property has been
divided into six (6) development units (each, a "Development Unit"). As set forth herein, prior
to commencement of development of any portion of a Development Unit, the ASLD shall arrange
for the preparation of master infrastructure reports and more detailed planning for such
Development Unit consistent with the Rezoning. The ASLD intends to conduct auctions to sell
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discrete parcels of the Property, which may include all or any part of a Development Unit, as and
when it determines in its sole discretion.
E. The City desires to annex the Property into the corporate limits of the City, to be
developed as an integral part of the City, to provide for the orderly, controlled, and quality growth
in the area, to improve and enhance the economic welfare of the residents of the City, to ensure
that the Property is developed in accordance with this Agreement, Rezoning and applicable City
standards, and to ensure efficient use of City resources.
F. The City has determined that the development of the Property pursuant to this
Agreement will result in significant planning, economic, and other public purpose benefits to the
City and its residents by, among other things: (i)the construction of certain public improvements,
(ii) conformance of the Rezoning to the City's General Plan 2020-2050 currently in effect; and
(iii) an increase in revenues to the City.
G. The City recognizes the magnitude and cost of the services/infrastructure necessary
to properly serve the development and because it prefers not to pass on such costs to existing
residents, City will consider various forms of development-based public infrastructure financing
allowed under Arizona law. Accordingly,it is contemplated that one or more community facilities
districts (each, a "CFD") will be formed within the boundaries of the Property for the purpose of
financing the construction of infrastructure within the Property, but not for any ongoing utility
operations or deliveries. It is instead contemplated that all water service within the Property will
be provided primarily by the Apache Junction Water Utilities Community Facilities District
("WUCFD"), and all sewer service within the Property will be provided only by the Superstition
Mountains Community Facilities District No. I ("SMCFD").
H. The Parties understand and acknowledge that this Agreement is a "Development
Agreement"within the meaning of and entered into pursuant to the terms of A.R.S. § 9-500.05,to
facilitate the Annexation, proper municipal zoning designation, and development of the Property
by providing for, among other things, conditions, terms, restrictions, and requirements for the
Annexation by the City and other matters related to the development of the Property. This
Agreement constitutes a "development agreement" for purposes of Apache Junction City Code
("A.J.C.C."),Vol. II, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-4: Zoning
Districts, § 1-4-2 Master Planned Community ("MPC") District, Subsection 1, Development
Agreement,which requires that a development agreement be processed and adopted concurrently
with the Rezoning.
I. The Parties entered into a Procedural Pre-Annexation Agreement, dated June 16,
2021 and recorded in the Office of the Pinal County Recorder as Document No. 2021-102468
("Procedural Pre-Annexation Agreement")to address the timing of Annexation and subsequent
potential approval of this Agreement and the Rezoning.
J. The Parties acknowledge that development of the Property is a major undertaking
for the Parties and that the ASLD and its purchasers, lessees, assigns and other successors in
interest with respect to the Property (each, an "Assignee" and collectively, the "Assignees")will
incur substantial expenses in reliance on this Agreement and the approval of the Rezoning
including, without limitation, costs to design and construct lots, streets, sewer and water lines,
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other utility lines and infrastructure, park, police and library sites, trails and other amenities,
professional and consulting fees, application fees, and other costs, fees and expenses. Therefore,
the ASLD requests protection of development rights in order that the ASLD and Assignees will be
allowed to complete the development of the Property in accordance with the Rezoning over the
period of years permitted by this Agreement. Likewise, City requests assurances from the ASLD
and Assignees that the development of the Property will comply with the Rezoning and the terms
and conditions of this Agreement. An Assignee is a "Party" for purposes of implementing this
Agreement as to the portion of the Property in which it has an interest.
K. Pursuant to A.R.S. § 9-471(L) the City is required, upon annexation, to adopt a
zoning classification for the Property that permits density and uses no greater than those permitted
by Pinal County immediately before the Annexation. The Property is currently zoned General
Rural (1.25 acre per dwelling unit) in Pinal County. The City's equivalent zoning category is
General Rural Low Density Single-Family Detached Residential ("RS-GR").
AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated
herein by reference, the promises contained in this Agreement and for other good and valuable
consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties hereto
agree as follows:
1. Term and Termination.
1.1 Effective Date and Term. This Agreement will be effective upon the date
it is approved by the Council (the "Effective Date"). This Agreement will remain in full force
and effect until December 31, 2056 (the "Term"), or as extended by mutual written consent of
the Parties but no later than December 31, 2066, after which time this Agreement will
automatically terminate without the necessity of any notice,agreement or recording by or between
the Parties.
1.2 Termination Upon Sale of Subdivided Lots. It is the intention of the Parties
that although recorded, this Agreement will not create conditions or exceptions to title or
covenants running with the Property when sold to the end purchaser or user. Therefore, in order
to alleviate any concern as to the effect of this Agreement on the status of title to any of the
Property, so long as not prohibited by law, this Agreement will automatically terminate without
the execution or recordation of any further document or instrument as to any lot that; (1)has been
finally subdivided, individually(and not in bulk) leased (for a period of longer than one year) or
sold to the end purchaser or user thereof; and (2) fully developed by such purchaser or user (a
"Subdivided Lot"), and thereupon such Subdivided Lot will be released from and no longer
subject to or burdened by the provisions of this Agreement. The term "Subdivided Lot" will
include commercial parcels, school and other public parcels, and common areas within the
Property as well as the residential lots into which the Property is divided and sold. The "end
purchaser or user" of the commercial parcels and school and other public parcels means the
party purchasing or otherwise acquiring such parcels from the ASLD or an Assignee and, in the
case of commercial parcels but not public parcels, fully developing such parcels for their intended
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use. The "end user" of the common areas within the Property means the applicable property
owners' association.
1.3 Termination Upon Rescission of Annexation. It is the intention of the
Parties that, although recorded,this Agreement will not create conditions or exceptions to title or
covenants running with the Property if the Annexation Ordinance is repealed pursuant to the
Procedural Pre-Annexation Agreement. Accordingly, if pursuant to the terms of the Procedural
Pre-Annexation Agreement, the Annexation Ordinance is repealed, then this Agreement will
automatically terminate without the execution or recordation of any further document or
instrument and any title company insuring any interest in the Property may rely on same.
Notwithstanding the foregoing, if desired by the ASLD to alleviate any concern as to the effect
of this Agreement on the status of title to the Property, at any time after the repeal of the
Annexation Ordinance pursuant to the terms of the Procedural Pre-Annexation Agreement, the
ASLD may unilaterally record against the Property a notice of termination,without the joinder or
consent of any other person or entity, confirming that the approved Annexation Ordinance was
repealed, and reflecting that as such this Agreement has terminated by its terms. Any title
company insuring any interest in any of the Property may thereafter rely on such notice of
termination as being effective against all Parties and their respective successors and assigns.
2. Annexation and Rezoning.
2.1 General Plan. The City has reviewed the Rezoning and has determined
that the Rezoning is in conformance with the General Plan and in conformance with the types of
land uses desired by the City for the Property.
2.2 Rezoning Ordinance Availability. If the final ordinance annexing the
Property into the corporate limits of City (the "Annexation Ordinance") is adopted by the
Council,the City will ensure that the Rezoning ordinance will be"available"(as defined in A.R.S.
§ 19-142)on the day following the date of passage. Upon thirty(30) calendar days after Council
approval of the Rezoning,the Rezoning becomes an integral part of the City's zoning regulations
for the Property and all future development on the Property shall be in conformity with the
Rezoning. ASLD and Assignees shall be authorized to implement the Rezoning and will be
accorded all appropriate approvals necessary to permit the ASLD and Assignees to implement
the Rezoning,subject to the City's approval of site plans,subdivision plats and other similar items
in accordance with the Governing Documents. Pursuant to the Governing Documents and the
Rezoning, all approvals (and any appeals thereof) of preliminary subdivision plats and site plans
are administrative actions. References hereafter in this Agreement to the Rezoning shall mean
the Rezoning, as approved by Council by its authorizing ordinance, together with all stipulations
and other provisions contained in the Rezoning.
3. Development of Property.
3.1 Regulation of Development. The development of the Property shall be in
accordance with this Agreement and the Rezoning (collectively, the "Governing Documents").
The Governing Documents shall control over any conflicting City ordinances, rules, regulations,
standards, procedures, and administrative policies, and shall be the primary regulations used by
the City when reviewing and approving submittals within the Property. All applicable federal,
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state, and county rules and regulations, and all City ordinances and City standards, procedures
and policies adopted now or in the future except for those City ordinances and City standards,
procedures and policies in conflict with the Governing Documents (collectively, the "Rules")
shall apply to development of the Property. If there is a conflict between the Rezoning and this
Agreement regarding an issue,then the document that more specifically addresses the issue shall
control.
3.2 Anti-Moratorium. The Parties hereby acknowledge and agree that the
development of the Property will be phased and that, for the Term of this Agreement, no
moratorium shall be imposed except as permitted by A.R.S. § 9-463.06, as that statute is in effect
on the Effective Date.
3.3 Timing of Development. The development of the Property, including the
Infrastructure, is intended by the ASLD and Assignees to be carried out sequentially over a
significant number of years. Development of the Property is contemplated to progress in areas
that may be non-contiguous until all of the Property is developed.
3.4 Development Rights. In consideration of the expenditures by the ASLD for
the design and planning of the Property, the Rezoning, if and once approved, shall be deemed
contractually vested as of the Effective Date for the Tenn (subject to this Agreement) and the
ASLD and Assignees shall have a right to undertake and complete the development and use of
the Property in accordance with the Rezoning and this Agreement. The ASLD and Assignees
will remain bound by the Governing Documents as to the planning and construction of the
Infrastructure.
3.5 No Dedications or Exactions. Unless mutually agreed upon in writing, and
except for the dedications and requirements identified in the Rules and Governing Documents,
the City agrees that it shall not attempt to acquire or require(through zoning, Development Unit
Plans, subdivision, subdivision stipulations, site plan approvals or stipulations or otherwise) any
reservations, conditions, or further dedications of portions of the Property or easements or other
rights over portions of the Property (collectively "Requirements"), or money or other things of
value in lieu of such Requirements.
3.6 Continued Agdcultural Operations. The City recognizes that the ASLD and
Assignees may continue existing agricultural and ranching operations. Agricultural and ranching
operations may include,but not be limited to,grazing, agricultural activities, and other operations
ancillary to agricultural and ranching operations;provided,however,that such operations will not
be permitted to include construction of any permanent improvements or dairy farming operations
and any temporary improvements must be related to the continuation of existing agricultural and
ranching operations. The City agrees that such agricultural and ranching operations will not be
affected by this Agreement and will not be the basis for any claim of breach of this Agreement or
the Rezoning.
4. Infrastructure and City Services.
4.1 Public Benefits. The Rezoning requires that the Development Unit Plan
process provide details for the coordinated planning, design, engineering, construction,
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acquisition, installation, and/or provision of services/infrastructure improvements for each such
Development Unit, including transportation, water sewer, nonpotable water, and drainage
infrastructure (each, a "Development Unit Infrastructure Plan"). The Development Unit
Infrastructure Plan will describe the appropriate public and private infrastructure improvements
of the type described therein for the development of the Development Unit contemplated by the
Rezoning and the design standards for such infrastructure improvements (collectively, the
"Infrastructure Improvements"). Each component or segment of the Infrastructure
Improvements identified in the Development Unit Infrastructure Plan, as well as those
Infrastructure Improvements not referenced in the Development Unit Infrastructure Plan but
specifically set forth in this Agreement shall be referred to herein, individually and collectively,
as the "Infrastructure." If subsequent updates of a Development Unit Infrastructure Plan
demonstrate the need for additional Infrastructure within the relevant Development Unit,adjacent
to the Development Unit, or at any point off the relevant Development Unit, beyond those
described in the relevant Development Unit Infrastructure Plan or this Agreement, the ASLD or
Assignees shall pay for such additional Infrastructure, or increase in the size of the planned
Infrastructure (provided, however, that any additional Infrastructure shall be the financial
responsibility of the ASLD or Assignees only if such additional Infrastructure is necessary to
serve the portion of the Property for which the relevant Development Unit Infrastructure Plan has
been updated due to changed on-site circumstances, as opposed to changes off the Property for
which the relevant Development Unit Infrastructure Plan has been updated in land use or use of
Infrastructure).
4.2 Construction. The ASLD and Assignees shall have the right, at any time
after the execution of this Agreement,to construct or cause to be constructed and installed any or
all portions of the Infrastructure that relate to the portions of the Property developed by the ASLD
or Assignees and thereafter to dedicate land on which such Infrastructure is located, subject to the
City's or other applicable jurisdiction's acceptance of the land and such Infrastructure in
accordance with the Governing Documents and Rules. All such construction performed by the
ASLD and Assignees shall be performed in compliance with the Governing Documents and
Rules. The ASLD, Assignees, and the agents and employees of both, shall have the additional
right, upon receipt from the City of an appropriate permit, as required by the Rules, to enter and
remain upon and cross over any City easements or rights-of-way to the extent reasonably
necessary to permit construction of the Infrastructure, or reasonably necessary to maintain or
repair such Infrastructure, all as allowed by the permit, provided that the use by ASLD or
Assignees of such easements and rights-of-way shall not materially impede or adversely affect
the City's use and enjoyment thereof and provided that the ASLD and Assignees shall restore
such easements and rights-of-way to their condition prior to ASLD's or an Assignee's entry
(subject to ordinary wear and tear, casualty damage, and damage caused by third parties not
engaged by or affiliated with ASLD or such Assignee) upon completion of such construction,
repairs or maintenance. Subject to obtaining the required permit from the City, and as allowed
by the terms of such permit once obtained,the prior dedication of any easements or rights of way
to the City shall not affect or proscribe the ASLD's or Assignees' right to construct install,and/or
provide Infrastructure thereon or thereover. The City, as necessary to implement each
Development Unit Infrastructure Plan, shall cooperate reasonably with, at the sole cost of the
ASLD or an Assignee: a) the abandonment or extinguishments of any unnecessary public rights-
of-way or easements currently located on the relevant Development Unit and not otherwise used
or required by other members of the public; (b) the ASLD's or an Assignee's requests or
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applications with Pinal and Maricopa Counties, the City of Mesa, the Town of Queen Creek or
other governmental entities regarding the abandonment or extinguishments or acquisition of
public rights-of-way or easements necessary to develop the Relevant Development Unit; (c)
establishing intergovernmental agreements with Pinal or Maricopa Counties, the City of Mesa,
the Town of Queen Creek or other governmental entities adjacent to the City's corporate limits
regarding the construction standards for improvement of roads adjacent to the Relevant
Development Unit; (d)the ASLD's or an Assignee's requests to work with adjacent landowners
regarding the installation of consistent landscaping within and next to perimeter arterial
roadways; and (e) the ASLD's or an Assignee's requests for assistance in acquiring necessary
off-site public rights-of-way or easements. If such acquisition is determined to be feasible only
by payment of above-market value, the Parties will attempt to find an alternative location for or
consider deferring construction of the Public Infrastructure for which the necessary public rights-
of-way or easements are required. However, in no case shall the City be obligated to provide
funds for such alternative location in these situations.
4.3 At-Risk Grading and Infrastructure. Because development of the Property
requires significant grading and earth moving and infrastructure improvements, at the ASLD's or
an Assignee's request, the City agrees to issue an at-risk permit to the ASLD or such Assignee
after Annexation,Rezoning and pre-plat submittal and after ASLD or such Assignee receives any
required Arizona Department of Environmental Quality approval. For the avoidance of doubt,
issuance of an at-risk grading or Infrastructure Improvement Plan permit does not constitute final
plan approval by the City, and any work, services or materials accomplished or acquired by the
ASLD or such Assignee pursuant to any at-risk permit is done at the financial risk of the ASLD
or such Assignee.
4.4 Infrastructure Assurance. Prior to the construction of any Infrastructure,the
City may require the ASLD and/or an Assignee, to provide assurances, as required by the Rules,
that the construction or installation of such Infrastructure being undertaken by the ASLD or
Assignee within a particular subdivision or site plan or other Infrastructure Improvements directly
related to such subdivision or site plan will be completed ("Infrastructure Assurance"). Once
the required Infrastructure Assurance has been provided, the ASLD or Assignee will have the
right,with the approval of the City,which approval will not be unreasonably withheld,to replace
such initial method of Infrastructure Assurance, either in whole or in part,with any other form of
Infrastructure Assurance. Permitted forms of Infrastructure Assurance are(see A.J.C.C.,Vol. II,
Land Development Code, § 10-7-4, Public Improvement Assurance Alternatives):
A. Irrevocable letter of credit,in a form reasonably acceptable to ASLD
or Assignee, the City Engineer and the City Attorney, from a recognized financial
institution reasonably acceptable to the City, authorized and licensed to do business in the
State of Arizona;
B. Cash or certified bank funds,said funds to be deposited in a financial
institution to the credit of the City;
C. A surety bond, in a form reasonably acceptable to ASLD or
Assignee,the City Engineer and the City Attorney, executed by an Arizona qualified surety
reasonably acceptable to the City and licensed to do business in the State of Arizona;
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D. Withhold certificates of occupancy for structures for which the
Infrastructure is required, in the form attached hereto as Exhibit T-1-
E. Any other method of assurance and amount of assurance agreed
upon by the Parties in writing.
4.5 Dedication/Acceptance of Services/Infrastructure. The Parties hereto
acknowledge and agree that the Rezoning and this Agreement provide that the ASLD or an
Assignee will convey to the City certain completed segments or components of the Infrastructure
in fee simple, including but not limited to the underlying land (the "Public Infrastructure").
Pursuant to the Rules, the City may accept segments or components of the Public Infrastructure
that will be located under a public street or roadway before it accepts the street or roadway.
A. Warranty. ASLD or an Assignee shall give the City one-year
warranties for all Public Infrastructure,which warranties shall begin on the respective date
that the City accepts such Public Infrastructure as provided in this section. Any material
deficiencies in the material or workmanship identified by City staff during the one-year
warranty period shall be brought to the attention of the ASLD or the relevant Assignee,
who shall promptly remedy or cause to be remedied such deficiencies to the reasonable
satisfaction of the City Engineer. Continuing material deficiencies in a particular portion
of a Segment or Component of the Infrastructure shall be sufficient grounds for the City to
require the proper repair of, or the removal and reinstallation of, that portion of the
Infrastructure that is subject to such continuing deficiencies and an extension of the
warranty for an additional one-year period for such repairs. Regardless of whether the
warranty period has expired, the ASLD or Assignee agrees to repair any damage to the
Infrastructure caused by the ASLD's or Assignee's construction activities on the Property.
Nothing herein shall prevent the City or ASLD or Assignee from seeking recourse against
any third party for damage to the Infrastructure caused by such third party.
B. Acceptance, Operation, and Maintenance. So long as such
Infrastructure is constructed in accordance with the approved plans and Governing
Documents, as verified by the inspection of the completed improvements by the City
Engineer, all punch list items have been completed, to the City's relevant and reasonable
satisfaction, and the Infrastructure is free of any liens and encumbrances, the ASLD or
Assignee will convey title to the City and the City shall accept such conveyance.
Acceptance of any Public Infrastructure is expressly conditioned upon ASLD or assignee
providing a warranty for the Infrastructure Improvement as provided in paragraph A of this
Section 4.5. ASLD or Assignee, at no cost to the City, shall dedicate, convey or obtain, as
applicable all rights-of-way, rights of entry, easements and/or other use rights, wherever
located, as useful or necessary for the operation and maintenance of the Public
Infrastructure dedicated to and accepted by the City. Upon acceptance, and except as
otherwise provided in this Agreement,the City,at its own cost and expense, shall maintain,
repair, and operate such Public Infrastructure.
4.6 Access to Infrastructure. The ASLD entered into a contract with D.R.
Horton Inc. ("Horton")for the purchase of approximately 2,800 acres of property adjacent to the
Property pursuant to the terms of Certificate of Purchase No. 53-120190 and subject to the terms
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of the Participation and Infrastructure Contract Regarding ASLD Sale No., 53-120190, executed
on November 12, 2020 ("Participation Contract"). The Participation Contract requires Horton
to construct certain Infrastructure, and, in exchange for its agreement to construct such
Infrastructure, the ASLD agreed that no purchaser of all or any part of the Property may connect
to or utilize any Infrastructure for a period beginning on the date of the Participation Contract and
ending on November 12, 2028 ("Access Period"). ASLD and Assignees acknowledge that the
City will not permit any owner of the Property to connect to or utilize any Infrastructure
constructed by Horton during the Access Period unless approved by Horton.
4.7 Transportation.
A. Transportation Infrastructure. The ASLD or Assignees will
construct or arrange for the construction of the streets, roadways, and parking facilities to
be used for motorized vehicular travel,ingress, egress, and parking and pedestrian,bicycle
or other facilities to be used for non-motor vehicular travel, ingress, egress, and parking
within and adjacent to the Property, including street lighting with underground electric
service distribution,and all striping,traffic signals, street sip posts,street name signs,stop
signs, speed limit sips, and all other directional/warning/advisory signage as required, all
in accordance with the applicable provisions of the Governing Documents and applicable
Development Unit Plans. For all public streets within the Property, the ASLD and
Assignees shall dedicate the right-of-way and construct the roadway improvements in
accordance with the Governing Documents and any applicable Rules.
B. Landscaping, Specialty Features, and Specialty Materials in Public
Streets.
1. Except as otherwise provided herein, the ASLD and
Assignees shall install and maintain the landscaping installed within and adjacent
to the road rights-of-way according to the Rules, Governing Documents, and
applicable Development Unit Plans and site plans.
2. As permitted and approved pursuant to the Rules and
Governing Documents, the ASLD or an Assignee may design and install in public
streets on the Property, specialty poles for traffic control and street name signs,
specialty street and sidewalk lighting,specialty street signage, and specialty paving
materials ("Specialty Features and Materials"). At the Development Unit Plan
stage of the planning process, the Parties will enter into one or more maintenance
agreements concerning the Specialty Features and Materials. Each such
maintenance agreement shall contain provisions for the ASLD or an Assignee to
provide the City with: (i) extra quantities of Specialty Features and Materials, in
amounts as determined by the City Engineer, in his or her sole discretion, for use
in City maintenance,repair and replacement on the public streets; and(ii) funds,on
an annual basis, to offset the City's costs to perform maintenance or repair the
Specialty Features and Materials in the public streets that exceed the amount the
City would have incurred to perform maintenance or repair of standard poles,
lighting, signage and paving materials. Each such maintenance agreement shall
provide for annual adjustments of the funds provided for the City's excess costs to
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maintain, repair, and replace the Specialty Features and Materials in the public
streets. The ASLD or an Assignee may assign its rights and obligations under this
subsection to a property owners' association or another developer or owner of the
Property; provided that such assignment shall be accompanied by such property
owners' association's, developer's or owner's assumption of the ASLD's or such
Assignee's obligations hereunder.
C. Private Streets/Street Naming. The Parties acknowledge and agree
that ASLD and Assignees will have the right to retain some interior local streets located
within the Property("Private Streets"). At the time of application for platting,the ASLD
or Assignee will make an election whether or not to keep any or all of the streets private.
In addition, some or all of the Private Streets may be conveyed to one or more property
owners' associations created by ASLD or an Assignee for this and other purposes. The
ASLD or Assignee shall have the right to install access control structures across the Private
Streets at any portions of the relevant Development Unit. The ASLD or Assignee shall
grant to the City or other appropriate public service provider an easement for police, fire,
ambulance, solid waste collection, water, gas, storm drain line, or wastewater line
installation and repair, and other similar public purposes, over the Private Streets. The
ASLD or Assignee shall, at its sole cost and expense, maintain the Private Streets in a
manner such that City vehicles may safely, and without undue wear and tear or damage,
use the Private Streets for their intended purposes. The Parties agree that new private or
public streets shall ben ed to ensure that the public interest, health, safety, convenience
and general welfare are maintained. Street names for major arterials and address
numbering conventions shall be in conformance with the Rules. Unique non-arterial street
names for streets within the Property may be proposed by the ASLD or an Assignee and
shall be reviewed and approved by City staff upon the determination by City staff that the
unique street names do not compromise public health safety, convenience and general
welfare. Address numbering on non-arterial streets shall be in conformance with the Rules.
D. Technology. Subject to compliance with the approval processes
contained in the Governing Documents and Rules, the ASLD or Assignees may locate
private technology facilities within public or private rights-of-way or public utility facilities
easements for purposes of facilitating community communications within the Property,
subject to pre-existing licenses or franchises and other City agreements regulating the use
of City rights-of-way and state and federal telecommunication laws and regulations.
E. Adjacent Road Construction.The ASLD or Assignees will construct
or arrange for the construction of half-street improvements to arterial and collector roads
adjacent to the Property (each a "City Road") in accordance with the Governing
Documents and applicable Development Unit Transportation Reports. Arterial City Roads
may be constructed in segments if the phased construction is approved by the City
Engineer. All construction involving lane closures on Ironwood Drive will be reviewed
and approved by the City Engineer. The non-arterial City Roads may be constructed in
segments as development of the adjacent portions of the Property occurs.
4.8 Drainage Improvements. The ASLD or Assignees will construct or arrange
for the construction of drainage improvements in phases and in accordance with the Rules,
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Governing Documents,and applicable Development Unit Drainage Reports and after consultation
with the Pinal and Maricopa County Flood Control Districts. Such drainage improvements shall
include, without limitation, drainage and flood control systems and facilities for collection,
diversion, detention, retention, dispersal, use, and discharge as necessary for development of the
Property.
4.9 Water. VY'UCFD will provide water service to the Property pursuant to a
separate agreement between ASLD or Assignees and WUCFD.
4.10 Wastewater. SMCFD will provide sewer service to the Property pursuant
to a separate agreement entered into between the ASLD or Assignees and the SMCFD.
4.11 Non-potable Water. Non-potable water service to the Property will be
subject to an agreement between ASLD or Assignees and Vv'UCFD and/or SMCFD, as
appropriate.
4.12 Municipal Services Generally. The City hereby agrees to include the
Property in any and all City service areas and to provide the Property with police protection
services,park and library service,residential refuse collection, and all other services provided by
the City, in a manner comparable to those services provided to all landowners and occupants of
the City, subject to the terms of this Agreement.
4.13 Development Fees. ASLD or Assignees shall pay City development fees
for transportation,parks, police, library, and any future adopted categories of fees in accordance
with A.R.S. § 9-463.05 and Apache Junction City Code, Vol. II, Land Development Code,
Chapter 7: Development Fees, as amended ("Development Fees"). ASLD or Assignees shall be
entitled to credits against Development Fees as provided in the Rules.
4.14 Police. The City intends to locate a police station and evidence yard site
("Police Site")within Development Units that the City determines are best suited for its residents
and are strategically located for law enforcement logistical efficiency. ASLD and the relevant
Assignee shall reserve the Police Site of up to ten (10) acres in size, for purchase by the City at
the then-fair market value of the land area reserved for the Police Site. The City's right to
purchase a Police Site shall run from the Effective Date up until one(1) year from the date of the
filing of the final plat by the ASLD and/or Assignee for the area designated by the City as the
Police Site. If the Police Site is not purchased by the City prior to the filing of a final plat for the
area where the Police Site is desired to be located, then the land area reserved for the Police Site
shall be of such a size and shape as to permit the remainder of the land area of the subdivision
within which the reservation is located to develop in an orderly and efficient manner and such
that the land area reserved shall be in such multiples of streets and parcels as to permit an efficient
division of the land area reserved for the Police Site in the event that it is not acquired within the
one(1) year after the filing of the final plat for the area where the Police Site is located.
4.15 Public and Private Parks,Recreation and Open Space.ASLD and Assignees
shall allocate a minimum of fifteen percent(15%)of the Property to open space. The open space
shall include public parks, landscaped common area, public or private, or any areas maintained
by the property owners' association within public right-of-way (excluding medians), setbacks,
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drainage areas, trail corridors, landscape easements, parks or other natural area or other open
space areas. The Administrator (as defined in Section 6.5) shall be responsible for tracking the
open space and providing the City with an updated calculation of the cumulative total of open
space with the submittal of each plat. ASLD and Assignees will not be required to provide a
minimum of fifteen percent (15%) of open space on each plat, however, the 15% open space
minimum will be required at the overall Development Unit level. Minimum "active" open space
requirements shall also be determined at the future Development Unit level. The ASLD or
Assignees may enter into park maintenance agreements to maintain public park improvements,
inclusive of landscaping; wherein the City and the ASLD and/or Assignees will mutually agree
on an annual baseline level of maintenance and associated cost for the Public Parks, and where
the cost of maintenance above the baseline level required by either the City or the ASLD or
Assignee will be the responsibility of the respective Party.
4.16 Maintenance of Common Areas. The City may require that ASLD or
Assignees submit documents necessary for the establishment of a maintenance improvement
district ("MID") pursuant to A.R.S. Title 48, Chapter 4, Article 2 for the property included in
such final plat and/or require a final plat note regarding maintenance of the landscaping,irrigation,
drainage facilities, hardscape and retention areas on tracts within each final plat. If the City
requires a MID, the MID assessment to property owners will be $0.00 provided that the property
owners' association maintains the landscaping, irrigation, drainage facilities, hardscape and
retention areas on tracts within each final plat.
4.17 Communi1y Facilities Districts. It is contemplated that one or more CFDs
will be formed within the boundaries of the Property for the purpose of financing development
within the Property. SMCFD will be the sole provider of sewer service and V*TUCFD the
primary provider of water service within the Property. If more than one CFD is formed, their
respective boundaries will not overlap. It is anticipated that the Assignees of the ASLD will
likely want or desire to file applications for the formation of one or more CFDs for the purpose
of financing development within the Property and the City will consider formation of each CFD
for which an application is submitted. The Parties acknowledge that one purpose of this
Agreement is to provide for the coordinated planning, design, engineering, construction and/or
provision of the range of public services/infrastructure necessary to serve development on the
Property as indicated in this Agreement, the Rezoning, and the Master Reports. The City
acknowledges and agrees that whenever an Assignee is obligated to construct or arrange for the
construction of Public Infrastructure, and notwithstanding anything in this Agreement to the
contrary, a CFD may construct, arrange for the construction, and/or finance any such Public
Infrastructure. Dedication and acceptance of such Public Infrastructure will be in accordance
with Section 4.5 of this Agreement and any applicable development agreement entered into by
the City, the Assignees of the ASLD and a CFD in connection with the formation of a CFD.
5. Indemnification, Insurance and Risk.
5.1 ASLD/Assignee Indemnification. ASLD or its relevant Assignee shall
defend, indemnify and hold the City, its mayor and Council, officials, officers, employees, and
agents, individually and collectively, harmless for, from and against all losses, expenses
(including attorney fees), damages, claims, charges, fines, suits, actions, demands, or other
liabilities of any kind ("Liability"), including without limitation Liability for bodily injury,
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illness, death, or for property damage, which shall occur on or adjacent to, or resulting from or
arising out of the performance of the obligations of ASLD or the relevant Assignee under this
Agreement, and/or the use or occupancy of the Property (including without limitation the
construction and maintenance of the Public Infrastructure until such time as the Public
Infrastructure are accepted by the City), to the extent directly or indirectly caused by any acts or
omissions of the ASLD or relevant Assignee, its boards, officers, employees, agents, or any
person under the ASLD's or relevant Assignee's direction and control, unless caused by the
willful, reckless or negligent acts of the City, its mayor and Council, employees, agents, or any
person under the City's direction and control (but not the ASLD or relevant Assignee itself if the
ASLD or relevant Assignee maintains Public Park Improvements pursuant to Section 4.17). The
foregoing indemnity obligations of ASLD or relevant Assignee shall survive the expiration or
termination of this Agreement for a period equal to the applicable statute of limitations period.
ASLD or relevant Assignee shall add on the insurance policy required pursuant to Section 5.3
below by endorsement the City, its mayor and council, officials, employees and agents as
additionally insured parties and such additions shall be reflected on the certificate of insurance.
5.2 City Indemnification. The City shall defend, indemnify and hold the
ASLD and relevant Assignee, and their officers, employees, and agents, individually and
collectively, harmless for, from and against all Liability, including without limitation Liability
for bodily injury, illness, death, or for property damage, which shall occur on or adjacent to the
Property(including without limitation the Public Improvements), or resulting from or arising out
of the performance of the obligations of the City under this Agreement, to the extent directly or
indirectly caused by any acts or omissions of the City, its employees, agents, or any person under
the City's direction and control, unless caused by the willful or negligent acts of the ASLD or
relevant Assignee, its employees, agents, or any person under the ASLD's or relevant Assignee's
direction and control. The foregoing indemnity obligations of the City shall survive the expiration
or termination of this Agreement for a period equal to the applicable statute of limitations period.
City shall add on its insurance policy the ASLD and relevant Assignee, and their officers,
employees and agents as additionally insured parties and such addition shall be reflected on the
certificate of insurance.
5.3 Insurance. %ile construction on a portion of the Property is ongoing, the
ASLD or Assignee responsible for such construction shall, at such Assignee's sole cost and
expense, maintain comprehensive general liability insurance against claims for personal injury,
death or property damage occurring in, upon or about such portion of the Property or Public
Improvements. The limitation of liability of such shall not be less than $2,000,000.00 general
aggregate and$1,000,000.00 per occurrence.
5.4 Risk of Loss,. Subject to Sections 4.5 and 5.2, an Assignee assumes the
risk of any and all loss, damage or claims to any portion of the Public Infrastructure unless and
until the Public Infrastructure is accepted by the City in accordance with City standards, as
relevant, for acceptance of other public infrastructure.
6. Cooperation and Alternative Dispute Resolution.
6.1 Appointment of Representatives. To further the commitment of the Parties
to cooperate in the implementation of this Agreement, the Parties shall designate and appoint a
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representative to act as a liaison between the City and its various departments and the ASLD.
The Parties may change their representative at any time, but each Party agrees to have a current
active representative appointed for discussion and review as further detailed in this Agreement.
The initial representative for the City (the "City Representative") shall be the City Manager or
his designee, and the initial representative for the ASLD (the "ASLD Representative") shall be
the land manager for the Property. The representatives shall be available at all reasonable times
to discuss and review the performance of the Parties to this Agreement and the development of
the Property pursuant to this Agreement.
6.2 imasse. For purposes of this Section 6.2 only, "Impasse" shall mean
either a failure of a City department director to make a decision or the ASLD's or Assignee's
disagreement with a decision of a City department director affecting the Property. The Parties
agree that if the ASLD or an Assignee believes that an Impasse has been reached with the City
on any issue affecting the Property,the ASLD and/or such Assignee shall have the right to appeal
to the City Manager for a decision pursuant to this Section. This appeal shall be made in writing
and delivered to the City Manager's attention. To facilitate the resolution of such an Impasse,the
City Manager shall schedule a meeting with the ASLD and/or such Assignee and the City
Manager or a designee within fifteen calendar days (15) of the delivery of written notice of the
Impasse, to discuss resolution of the Impasse. Both the City and the ASLD and/or Assignees
agree to continue to use reasonable good faith efforts to resolve any such Impasse pending any
such appeal to the City Manager. A decision reached by the City Manager may be the basis of
ASLD's and/or such Assignee's allegation of a default as set forth in Section 6.3. At the meeting
of the Parties on the appeal, the Parties will make their best efforts to mutually agree on a method
and time frame for resolution of the Impasse. In the event that the parties cannot agree on a
resolution to the Impasse at the meeting, the City Manager shall advise the ASLD and/or such
Assignee as to the City Manager's decision, which shall be final and binding. The ASLD and/or
such Assignee may then choose to challenge such a decision in the superior court or other venue
appropriate for the resolution of the disagreement.
6.3 Default. Failure or unreasonable delay by a Party to perform or otherwise
act in accordance with any term or provision of this Agreement for a period of thirty(30)calendar
days after written notice thereof from another Party ("Cure Period"), shall constitute a default
under this Agreement;provided,however,that if the failure or delay is such that more than thirty
(30)calendar days would reasonably be required to perform such action or comply with any to
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) calendar 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 default is not cured
within the Cure Period, the non-defaulting Party shall have all rights and remedies provided by
law or equity. Notwithstanding the foregoing, a default by any Assignee of a portion of the
Property shall not be deemed a default by ASLD or any other Assignee of a different portion of
the Property, and the City may not withhold or condition its performance under this Agreement,
or terminate this Agreement, as to any Assignee of a portion of the Property who is not in default
of this Agreement. No Assignee of this Agreement may enforce this Agreement as against any
other Assignee of this Agreement.
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6.4 Force Majeure. Neither Party, as the case may be, 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 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 ASLD or an Assignee 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 Party 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 Enforced Delay exceed ninety (90) calendar
days.
6.5 Additional Duties of ASLD as Administrator. In addition to the duties and
obligations undertaken in the Rezoning and elsewhere in this Agreement, the ASLD shall have
the specific duties and obligations listed in this Section as the "Administrator" of the Property
and shall be the"Administrator"for purposes of this Section and Section 8.6(B). Notwithstanding
the foregoing,the ASLD may, at its option, elect to assign its duties and title as Administrator to
a maximum of one Assignee for each Development Unit.
A. Property Owners' Association. The Administrator will form one or
more property owners' associations to govern the development, operation, use and
maintenance of special community features and infrastructure, and to administer and
enforce various governance procedures and design review processes.
B. Funding for Customized Review of Submitted Materials. Due to the
scale, and scope of the development contemplated for the Property, the Parties
acknowledge that: (i) the implementation of the Governing Documents involves unique
design and engineering standards, and a significant amount of plan review and engineering
work; and (ii) the City's standard turn-around or completion times for many submittals
may not be adequate for ASLD or an Assignee. Therefore,if ASLD or an Assignee wishes
to establish customized or expedited review or inspection time parameters for the
development of all or any portion of the Property, the ASLD or such Assignee may enter
into a funding agreement, in form and substance acceptable to the Parties, which will
include provisions addressing the following issues: (i) identifying additional City staff
position(s) or outside consultant(s) that may be necessary to review Development Unit
Plans, site plans, subdivision plats, construction plans, and other submitted materials
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(collectively, the "Submitted Materials") or provide land development and construction
inspection services(collectively,the"Inspection Services")within the timeframes desired
by the ASLD or such Assignee; (ii) providing for the cooperation between the Parties as
to the persons or consultants who are best suited to review the Submitted Materials or
provide the Inspection Services; (iii) identifying the time period for which the additional
City staff positions and/or outside consultants are necessary; and (iv) any other provision
deemed necessary by the Parties. The Parties agree that any portion of the Property may
be the subject of a funding agreement, even if such portion of the Property is not owned or
developed by ASLD or an Assignee who has been assigned the duties of Administrator for
a Development Unit.
The Parties will mutually agree on review times applicable to construction documents. In
the event the City does not have a sufficient number of personnel to implement an
expedited development review process requested by the ASLD or an Assignee, or
expedited land development and construction inspection services requested by the ASLD
or an Assignee, the ASLD or Assignee may elect to pay the costs incurred by the City for
such private, independent consultants and advisors which may be retained by the City, as
necessary, to assist the City in the review and/or inspection process; provided, however,
that such consultants shall take instructions from, be controlled by, and be responsible to,
the City and not the ASLD or such Assignee.
C. Update of the Land Use Budget. The Administrator shall submit an
update to the land use budget set forth in the Rezoning concurrently with the submittal of
each subdivision plat (or any revisions to such submittals, in the case of redevelopment).
The update shall be in chart form and shall identify the allocation of the land use budget to
such Development Unit Plan, site plan, or subdivision plat as well as the remaining
unallocated portion of the land use budget.
D. Architectural Review. The Administrator shall establish an
architectural review committee for each Development Unit that will be solely responsible
for architectural design review and approval of building elevations, building fagades, and
landscaping to ensure consistency between the "Development Unit Architecture" and
"Development Standards and Design Guidelines" (as such terms are defined in the
Rezoning)for the particular DU. Such committee shall consist of three members,one City
staff member, one Administrator representative and one professional from a private
architectural firm who is mutually selected by the City and Administrator and is paid by
both the City and Administrator in equal amounts for such architectural review services.
The architectural review committee's decisions are fmal, binding, and not subject to any
level of appeal within the City.
E. Updating of Development Schedule. Upon the City's request, but
not more often than annually, the Administrator shall provide an anticipated development
schedule based upon then-current Infrastructure needs, residential and commercial real
estate market conditions, industry factors, and/or business considerations. Any such
modification shall not necessitate an amendment to this Agreement or the Rezoning.
7. Notices and Filings.
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7.1 Manner of Service. Except as otherwise required by law, any notice
required or permitted under this Agreement shall be in writing and shall be given by personal
delivery, or by deposit in the United States mail, certified or registered, return receipt requested,
postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such
other address as a Party may designate in writing pursuant to the terms of this Section, or by
telecopy facsimile machine,or by any nationally recognized express or overnight delivery service
(e.g. Federal Express or UPS), delivery charges prepaid:
The City: City of Apache Junction
300 Superstition Boulevard
Apache Junction, Arizona 85119
Attention: City Manager
Copy to: City of Apache Junction
300 Superstition Boulevard
Apache Junction, Arizona 85119
Attention: City Attorney
ASLD: Arizona State Land Department
1616 W. Adams
Phoenix, Arizona 85007
Attention: State Land Commissioner
Copy to: Arizona Attorney General
2005 N. Central Avenue
Phoenix, Arizona 85004
Attn: Natural Resources Division
7.2 Notice. Any notice sent by United States Postal Service certified or
registered mail shall be deemed to be effective the earlier of the actual delivery, or three (3)
business days after deposit in a post office operated by the United States Postal Service. Any
notice sent by a recognized national overnight delivery service shall be deemed effective one(1)
business day after deposit with such service. Any notice personally delivered or delivered through
a same-day delivery/courier service shall be deemed effective upon its receipt or refusal to accept
receipt by the addressee. Any notice sent by telecopy facsimile machine shall be deemed effective
upon confirmation of the successful transmission by the sender's telecopy facsimile machine.
Notwithstanding the foregoing,no payment shall be deemed to be made until actually received in
good and available funds by the intended payee. Any Party may designate a different person or
entity or change the place to which any notice shall be given as herein provided.
8. General.
8.1 Delay;Waiver. Except as otherwise expressly provided in this Agreement,
any delay by any Party in asserting any right or remedy under this Agreement shall not operate
as a waiver of any such rights or limit such rights in any way; and any waiver in fact made by
such Party with respect to any default by the other Party shall not be considered as a waiver of
rights with respect to any other default by the performing Party or with respect to the particular
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default except to the extent specifically waived in writing. It is the intent of the Parties that this
provision will enable each Party to avoid the risk of being limited in the exercise of any right or
remedy provided in this Agreement by waiver, laches or otherwise at a time when it may still
hope to resolve the problems created by the default involved.
8.2 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original,but all of which together constitute one
and the same instrument. The signature pages from one or more counterparts may be removed
from such counterparts and such signature pages all attached to a single instrument so that the
signatures of all parties may be physically attached to a single document.
8.3 Headings. The descriptive headings of the paragraphs of this Agreement
are inserted for convenience only and shall not control or affect the meaning or construction of
any of the provisions hereof.
8.4 Exhibits and Recitals. Any exhibit attached hereto shall be deemed to have
been incorporated herein by this reference with the same force and effect as if fully set forth in
the body hereof. The Recitals set forth at the beginning of this agreement are hereby
acknowledged and incorporated herein and the Parties hereby confirm the accuracy thereof.
8.5 Further Acts. Each of the Parties shall promptly and expeditiously execute
and deliver all such documents and perform all such acts as reasonably necessary, from time to
time, to carry out the intent and purposes of this Agreement.
8.6 Time is of the Essence/Assignment.
A. Time of Essence and Successors. Time is of the essence in
implementing the terms of this Agreement. All of the provisions hereof shall inure to the
benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S.
§ 9-500.05(D), except as provided below; provided, however, the ASLD's rights and
obligations hereunder may only be assigned to a person or entity that has acquired an
interest in the Property or a portion thereof and only pursuant to the terms and conditions
of this Section 8.6(C).
B. Assignment to Property Owners' Association or Complete
Aaggriment. The ASLD and Assignees may assign their rights and obligations to one or
more property owners' associations;provided,however,that such assignment to a property
owners' association shall be accompanied by such property owners' association's
irrevocable assumption of such rights and obligations. The ASLD shall provide the City
with written notice of any assignment of the ASLD's rights or obligations in a complete
assignment by the ASLD of all rights and obligations of the ASLD hereunder within a
reasonable period of time following such assignment,provided however, such assignment
shall be accompanied by the Assignee's irrevocable assumption of the ASLD's obligations
hereunder, and replacement of any of ASLD's Infrastructure Assurances set forth in
Section 4.4; and upon the City's receipt of such notice, the ASLD's liability hereunder
shall terminate as to the obligations assigned.
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C. Partial Assianment to Purchasers. The ASLD may assign less than
all of its rights and obligations under this Agreement to an Assignee (each, an
"Assignment"). The ASLD will be released from its obligations under this Agreement
with respect to Assignment relative to the portion of the relevant Development Unit
assigned to an Assignee, subject to the following: (i) the ASLD is not in default pursuant
to Section 7.3; (ii) the ASLD has given the City written notice of the Assignment, which
shall include the name,address, and facsimile number for notice purposes, and the City has
provided its written consent to the Assignment, which consent will not unreasonably be
withheld, delayed, or conditioned; (iii) the Assignee has agreed in writing to be subject to
all of the applicable provisions of this Agreement and such agreement provides for the
allocation of responsibilities and obligations between the ASLD and the Assignee; and(iv)
such agreement has been recorded in the official records of Pinal County on that portion of
the Property owned by such Transferee.
D. Assiggment to Financial Institutions/Borrowers/AssigLiees.
Notwithstanding any other provisions of this Agreement, an Assignee may assign all or
part of its rights and duties under this Agreement to any financial institution from which
the Assignee has borrowed funds for use in constructing the Infrastructure Improvements
or otherwise developing a portion of the Property; provided that the documents assigning
rights to any financial institution shall be subject to the prior written approval of the City
not to be unreasonably withheld, delayed, or conditioned. Additionally, an Assignee may
assign its rights and duties under this Agreement to another Assignee, homebuilder or
owner, subject to Section 8.6(C) of this Agreement.
8.7 No Partnership;Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any partnership, joint venture or other
arrangement between the ASLD or Assignees and the City. No term or provision of this
Agreement is intended to, or shall, be for the benefit of any person, firm, organization or
corporation not a party hereto, and no such other person, firm, organization or corporation shall
have any right to cause of action hereunder, except for Assignees to the extent they assume or
succeed to the rights and obligations of the ASLD as set forth in this Agreement.
8.8 Entire Agleement. Except as expressly provided herein, this Agreement
constitutes the entire agreement between the Parties with respect to the subject matters hereof and
supersedes any prior agreement, understanding, negotiation or representation regarding the
subject matters covered by this Agreement.
8.9 Amendment. No change or addition is to be made to this Agreement except
by a written amendment executed by the Parties. Within ten(10)calendar days after any approved
and executed amendment to this Agreement, such approved and executed amendment shall be
recorded in the Official Records of Pinal County, Arizona by the City at its own cost. The ASLD
anticipates conveying one or more parcels of the Property to Assignees. After such conveyance,
an Assignee shall have no right to consent to or approve any future amendment to the Agreement
requested by the ASLD if such future amendment relates solely to the development or use of the
portion of the Property owned by the ASLD. No Assignee shall be considered a third-party
beneficiary to any future amendments to the Agreement that relate to the portion of the Property
not owned by such Assignee. Neither the ASLD nor any Assignee may enforce or request that
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the City enforce the obligations contained in this Agreement as against each other. If a future
amendment proposed by the City or a subsequent owner impacts the development or use of
another subsequent owner or the ASLD's portion of the Property, then the party seeking the
amendment shall submit its proposed amendment in writing to the other parties for review and
approval. "Development or use"in this Section 8.9 includes land use,infrastructure requirements,
and all other issues related to the entitlement,development, and use of the portion of the Property
owned by the ASLD.
8.10 Names and Plans. The relevant Assignee shall be the sole owner of all
names,titles,plans,drawings,specifications,ideas,programs,designs and work products of every
nature at any time developed, formulated or prepared by or at the instance of such relevant
Assignee in connection with the Property; provided, however, that in connection with any
conveyance of portions of the Property to the City, such rights pertaining to the portions of the
Property so conveyed shall be assigned, to the extent that such rights are assignable, to the City.
Notwithstanding the foregoing,the relevant Assignee shall be entitled to utilize all such materials
described herein to the extent required for the relevant Assignee to construct,operate or maintain
improvements relating to the Assignee's portion of the Property.
8.11 Good Standing; Authority. Each of the Parties represents to the other that
it has the full right, power and authorization to enter into and perform this Agreement and each
of its obligations and undertakings under this Agreement,and the Parties' execution, delivery and
performance of this Agreement have been duly authorized and agreed to in compliance with the
state law.
8.12 Severabilily. If any provision of this Agreement is declared void or
unenforceable, such provision shall be severed from this Agreement, which shall otherwise
remain in full force and effect. The Parties acknowledge and agree that, although they believe
that the terms and conditions contained in this Agreement do not constitute an impermissible
restriction of the police power of the City nor an illegal gift under Arizona Constitution,Art. 9, §
7, and that it is their express intention that such terms and conditions be construed and applied as
provided herein, to the fullest extent possible, it is their further intention that, to the extent any
such term or condition is found to constitute an impermissible restriction of the police power of
the City, such term or condition shall be construed and applied in such lesser fashion as may be
necessary to reserve to the City all such power and authority that cannot be restricted by contract.
8.13 Governing Law/Conflicts of Interest/ Changing Venue. 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 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, State of Arizona. The Parties 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: all litigation and appeal expenses,collection
expenses, reasonable attorney fees, necessary witness fees (inclusive of professional
services/meals/lodging/transportation), court costs, and transcript fees. This Agreement is also
subject to the conflict of interest laws set forth in A.R.S. § 3 8-511 et seq.
20
8651281 v U2483 1-0003
8.14 Recordation. This Agreement shall be recorded in its entirety by the City
at its own cost in the Official Records of Pinal County, Arizona not later than ten (10) calendar
days after this Agreement is executed by the Parties.
8.15 No ASLD or AssigLiee Representations. Nothing contained in this
Agreement or in the Rezoning shall be deemed to obligate the City or ASLD or Assignees to
complete any part or all of the development of the Property, and the Rezoning shall not be deemed
a representation or warranty by the ASLD or Assignees of any kind whatsoever. To the extent
development of the Property occurs, it shall be pursuant to the Governing Documents and the
Rules.
8.16 Status Statements. Any party(the "Requesting Party") may, at any time,
and from time to time, deliver written notice to any other party requesting such other party(the
"Providing Party") to provide in writing that, to the knowledge of the providing party: (a) this
Agreement is in full force and effect and a binding obligation of the parties; (b) this Agreement
has not been amended or modified either orally or in writing, and if so amended, identifying the
amendments; and (c) the requesting party is not in default in the performance of its obligations
under this Agreement, or if in default, to describe therein the nature and amount of any such
defaults (a"Status Statement"). A party receiving a request hereunder shall execute and return
such Status Statement within thirty (30) calendar days following the receipt thereof. The City
Manager or designee shall have the right to execute any Status Statement requested by ASLD or
an Assignee hereunder. The City acknowledges that a Status Statement hereunder may be relied
upon by transferees and mortgagees. The City shall have no liability for monetary damages to
ASLD or an Assignee, and transferee or mortgagee, or any other person in connection with,
resulting from or based upon the issuance of any Status Statement hereunder.
8.17 Nonliabili!y of City Officials, etc., and of Employees, Members and
Partners, etc. of ASLD and each AssigLage. No Council member, official, representative, agent,
attorney or employee of the City shall be personally liable to the ASLD, or to any Assignee, in
the event of any Non-Performance or breach by the City or for any amount which may become
due to the ASLD or any Assignee, or with respect to any obligation of the City under the terms
of this Agreement including any punitive damage claim. Notwithstanding anything contained in
this Agreement to the contrary, the liability of an Assignee under this Agreement shall be limited
solely to the assets of such Assignee, including but not limited to the Infrastructure Assurance,
and shall not extend to or be enforceable against: (i)the individual assets of any of the individuals
or entities who are shareholders, members, managers, constituent partners, officers or directors
of the general partners or members of the Assignee; (ii) the shareholders, members or managers
or constituent partners of the Assignee;or(iii)officers of the Assignee. This Section shall survive
termination of the Agreement.
8.18 Takings Waiver. The ASLD hereby waives and releases the City from any
and all claims under A.R.S. § 12-1134, et seq., including any right to compensation for reduction
to the fair market value of the Property, as a result of the City's approval of this Agreement. 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.
21
8651281vi/24831-0003
8.19 Good Faith of Parties. Except where any matter is expressly stated to be
in the sole discretion of a Party,in performance of this Agreement or in considering any requested
extension of time,the Parties agree that each will act in good faith and will not act unreasonably,
arbitrarily or capriciously and will not unreasonably withhold, delay or condition any requested
approval, acknowledgment or consent.
9. Provisions Required by Law. Each and every provision of law and any clause
required by law to be in this Agreement will be read and enforced as though it were included herein
and,if through mistake or otherwise any such provision is not inserted, or is not correctly inserted,
then upon the application of any Party, the Agreement will promptly be physically amended to
make such insertion or correction.
10. Notice to and Consent by ASLD. The ASLD will be conveying discrete portions
of the Property and retaining other portions of the Property at any given time. Accordingly, the
Parties hereby acknowledge that during the implementation of the terms of this Agreement, no
changes proposed by an Assignee that are inconsistent with or make material modifications or
changes to 1) this Agreement, 2) the NTC Zoning, or 3) the Development Unit Infrastructure
Plans, shall be made by the City unless such changes have been approved by the ASLD in writing,
which may be granted or denied by the ASLD in its sole discretion.
11. Prohibition to Contract with Assignee Who Engages in Boycott of the State of
Israel. The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended,which forbids
public entities from contracting with developers who engage in boycotts of the State of Israel.
Should an Assignee under this Agreement engage in any such boycott against the State of Israel,
this Agreement shall be deemed automatically terminated by operation of law as to the portion of
the Property owned by such Assignee but not to the remainder of the Property. Any such boycott
is a material breach of contract as to such Assignee only.
[SIGNATURES THE PAGE]
22
8651281 v 1./24831-0003
CITY:
CITY OF APACE JUNCTION, an Arizona
municipal corporation
By: Walter"Chip" Wilson
Its: Mavor
ATTEST:
Jennifer Pena
City Clerk
APPROVAL AS TO FORM:
Richard J. Stem
City Attorney
STATE OF ARIZONA
ss.
COUNTY OF PINAL
The foregoing was subscribed and sworn to before me this day of
, 20®, by Walter "Chip" Wilson, Mayor of City of Apache Junction, an
Arizona municipal corporation,
Notary Public
My Commission Expires:
23
8651281v1/24831-0003
ALSD:
STATE OF ARIZONA, acting by and through
the ARIZONA STATE LAND DEPARTMENT
y: Lisa Atkins
Its: -Commissioner
STATE OF ARIZONA )
) ss.
COUNTY F )
The foregoing was subscribed and sworn to before me this day of
2021,by Lisa Atkins,Commissioner of the Arizona State Land Department.
Notary Public
y Commission Expires:
24
8651281 v l'24831-0003
EXHIBITS
Exhibit A Legal Description
Exhibit B Property Map
Exhibit C Depiction of the Development Units
Exhibit D Certificate of Occupancy Clearance Agreement Form
EXHIBIT A
[Legal Description]
8651281v1/24831-0003
EXHIBIT"A"
RETAINED PROPERTY BOUNDARY DESCRIPTION
THOSE PORTIONS OF SECTIONS 6,7,8,9, 16, 17, 18, 19, 20, 21, 22,27,28,29, 30, 31,32,33
34 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 6, BEING MARKED BY A 3 INCH CITY
OF MESA BRASS CAP IN A HANDHOLE, FROM WHICH THE WEST QUARTER CORNER OF SAID
SECTION 6, BEING MARKED BY A 4 INCH ALUMINUM CAP STAMPED WITH LS#39325 2016,
BEARS SOUTH 00 DEGREES 38 MINUTES 28 SECONDS EAST, 2254.87 FEET;
THENCE SOUTH 89 DEGREES 46 MINUTES 09 SECONDS EAST,ALONG THE TOWNSHIP LINE
BETWEEN TOWNSHIP 1 NORTH AND 1 SOUTH, RANGE 8 EAST, 1045.52 FEET TO THE
SOUTHWEST CORNER OF SECTION 31,TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND
SALT RIVER MERIDIAN, BEING MARKED BY A 3 INCH CITY OF MESA BRASS CAP IN A HAND HOLE;
THENCE CONTINUING ALONG SAID TOWNSHIP LINE, NORTH 89 DEGREES 44 MINUTES 21
SECONDS EAST, 2115.12 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA
PROJECT CANAL,AS SHOWN ON RECORD OF SURVEY BY GEOMATICS CONSULTING GROUP,SAID
CORNER BEING MARKED BY A PK NAIL WITH TAG, LS#39325;
THENCE DEPARTING SAID TOWNSHIP LINE,ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE
CENTRAL ARIZONA PROJECT CANAL THE FOLLOWING COURSES:
THENCE SOUTH 39 DEGREES 50 MINUTES 42 SECONDS EAST, 2921.45 FEET TO A POINT ON THE
EAST-WEST MID-SECTION LINE OF SAID SECTION 6, FROM WHICH THE EAST QUARTER CORNER
OF SAID SECTION 6, BEING MARKED A 3.25 INCH PINAL COUNTY HIGHWAY DEPARTMENT BRASS
CAP, BEARS NORTH 89 DEGREES 48 MINUTES 15 SECONDS EAST, 1263.42 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE,SOUTH 89 DEGREES 48 MINUTES 15
SECONDS WEST,ALONG SAID EAST-WEST MID-SECTION LINE,57.32 FEET TO THE SOUTHWEST
CORNER OF THE EAST HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 6;
THENCE SOUTH 00 DEGREES 16 MINUTES 00 SECONDS EAST,ALONG THE WEST LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6, 9.41 FEET TO A POINT
ON SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL,SAID
POINT BEING MARKED BY A PK NAIL WITH TAG, LS#39325;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT
CANAL THE FOLLOWING COURSES:
THENCE SOUTH 39 DEGREES 49 MINUTES 39 SECONDS EAST, 1011.54 FEET TO BRASS CAP FLUSH
STAMPED CAP ROW LS#39325;
THENCE SOUTH 39 DEGREES 49 MINUTES 37 SECONDS EAST, 1061.71 FEET TO A POINT ON THE
EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 6, BEING MARKED BY A BRASS CAP FLUSH
STAMPED CAP ROW LS#39325;
Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbard Engineering(Mesa, ) Page 1 of 7 aburchamhubbardenineering.com
THENCE SOUTH 01 DEGREE 15 MINUTES 22 SECONDS EAST,ALONG SAID EAST LINE, 1036.55
FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6, BEING MARKED BY A 4 INCH PINAL
COUNTY PUBLIC WORKS BRASS CAP STAMPED LS 31021 2008, FROM WHICH THE SOUTH
QUARTER CORNER OF SAID SECTION 6, BEING MARKED BY A 4 INCH PINAL COUNTY PUBLIC
WORKS BRASS CAP STAMPED LS 31021 2008, BEARS SOUTH 89 DEGREES 47 MINUTES 34
SECONDS WEST, 2641.07 FEET;
THENCE SOUTH 00 DEGREES 16 MINUTES 26 SECONDS EAST,ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 7,27.86 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE
OF THE CENTRAL ARIZONA PROJECT CANAL;
THENCE SOUTH 65 DEGREES 30 MINUTES 54 SECONDS EAST,ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL,580.79 FEET TO THE NORTHWEST
CORNER OF THAT CERTAIN PROPERTY DEFINED IN DOCUMENT NUMBER 2018-083654, PINAL
COUNTY RECORDS,SAID CORNER BEING MARKED BY A 1/2 INCH REBAR WITH CAP LS 32222;
THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST,ALONG THE WEST LINE OF SAID
PROPERTY, 2319.93 FEETTO THE SOUTHWEST CORNER OF SAID PROPERTY, BEING MARKED BY
A PK NAIL WITH TAG HEWITT LS 21773;
THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 46 MINUTES 50 SECONDS EAST,
ALONG THE SOUTH LINE OF SAID PROPERTY,2135.69 FEET TO THE SOUTHEAST CORNER OF SAID
PROPERTY;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 16 MINUTES 03 SECONDS WEST,
ALONG THE EAST LINE OF SAID PROPERTY,741.36 FEET TO A 1/2 INCH REBAR WITH NO CAP;
THENCE NORTH 89 DEGREES 59 MINUTES 55 SECONDS EAST, 942.39 FEET TO SAID WESTERLY
RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL, BEING MARKED BY A 1/2 INCH
REBAR WITH NO CAP;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT
CANAL THE FOLLOWING COURSES:
THENCE SOUTH 46 DEGREES 11 MINUTES 56 SECONDS EAST,45.55 FEET TO A U.S. DEPARTMENT
OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 27 DEGREES 00 MINUTES 54 SECONDS EAST,2934.29 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 27 DEGREES 00 MINUTES 57 SECONDS EAST,377.14 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 34 DEGREES 17 MINUTES 35 SECONDS EAST, 286.43 FEET TO A POINT ON THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, BEING MARKED BY AN ALUMINUM
CAP FLUSH STAMPED LS 39325, FROM WHICH A BRASS CAP STAMPED S8/59/517/S16 LS
35306 MARKING THE CORNER TO SECTIONS 08,09, 16 AND 17, BEARS SOUTH 00 DEGREES 14
MINUTES 26 SECONDS EAST 202.42 FEET;
Project o.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbard Engineering(Mesa, ) Page 2 of 7 aburchamCa hubbardengineering.com
THENCE SOUTH 34 DEGREES 13 MINUTES 21 SECONDS EAST,244.01 FEET TO A POINT ON THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, FROM WHICH A BRASS CAP
STAMPED S8/S9/S17/S16 LS#35306 MARKING THE CORNER TO SECTIONS 08,09, 16 AND 17,
BEARS SOUTH 89 DEGREES 43 MINUTES 24 SECONDS WEST, 136.38 FEET;
THENCE CONTINUING INTO SECTION 16,SOUTH 34 DEGREES 18 MINUTES 10 SECONDS EAST,
1162.61 FEETTO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 31 DEGREES 47 MINUTES 01 SECONDS EAST,483.62 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 29 DEGREES 16 MINUTES 41 SECONDS EAST,2796.96 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 27 DEGREES 26 MINUTES 50 SECONDS EAST,546.31 FEET TO THE NORTH-
SOUTH MID-SECTION LINE OF SAID SECTION 16;
THENCE CONTINUING SOUTH 27 DEGREES 26 MINUTES 50 SECONDS EAST,539.81 FEET TO A
U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 27 MINUTES 18 MINUTES 00 SECONDS EAST, 556.20 FEET TO A POINT ON THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, FROM WHICH THE SOUTH
QUARTER CORNER OF SAID SECTION 16, BEING MARKED BY A GLO BRASS CAP, BEARS SOUTH 89
DEGREES 42 MINUTES 18 SECONDS WEST,499.08 FEET;
THENCE CONTINUING INTO SECTION 21,SOUTH 27 DEGREES 15 MINUTES 55 SECONDS EAST,
3619.06 FEETTO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 20 DEGREES 48 MINUTES 28 SECONDS EAST,597.78 FEET;
THENCE SOUTH 14 DEGREES 24 MINUTES 38 SECONDS EAST,919.93 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 14 DEGREES 23 MINUTES 11 SECONDS EAST,264.84 FEET TO A POINT ON THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, FROM WHICH A U.S. GLO BRASS
CAP STAMPED S21/S22/S27/S28 1914, MARKING THE CORNER TO SECTIONS 21,22,27 AND 28,
BEARS SOUTH 00 DEGREES 14 MINUTES 56 SECONDS EAST, 351.19 FEET;
THENCE CONTINUING INTO SECTION 22,SOUTH 14 DEGREES 24 MINUTES 22 SECONDS EAST,
362.17 FEETTO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
22, FROM WHICH A U.S. GLO BRASS CAP STAMPED S21/S22/S27/52 1914, MARKING THE
CORNER TO SECTIONS 21, 22,27 AND 28, BEARS SOUTH 89 DEGREES 44 MINUTES 14 SECONDS
WEST,88.58 FEET;
THENCE CONTINUING INTO SECTION 27,SOUTH 14 DEGREES 24 MINUTES 08 SECONDS EAST,
3133.90 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 11 DEGREES 47 MINUTES 35 SECONDS EAST,531.16 FEET;
Project o.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbardinerin (Mesa, ) Page 3 of 7 aburcham hubbardengineering.com
THENCE SOUTH 08 DEGREES 49 MINUTES 30 SECONDS EAST,861.60 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 08 DEGREES 53 MINUTES 59 SECONDS EAST,881.26 FEET TO A POINT ON THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27, FROM WHICH THE
NORTHEAST CORNER OF SECTION 33, BEING MARKED BY A U.S.GLO BRASS CAP STAMPED 1914,
BEARS SOUTH 89 DEGREES 48 MINUTES 21 SECONDS WEST, 1223.65 FEET;
THENCE CONTINUING INTO SECTION 34,SOUTH 08 DEGREES 55 MINUTES 40 SECONDS EAST,
1058.68 FEETTO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 08 DEGREES 51 MINUTES 12 SECONDS EAST,383.27 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 23 DEGREES 14 MINUTES 06 SECONDS EAST,384.55 FEET TO A U.S.
DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP;
THENCE SOUTH 23 DEGREES 09 MINUTES 55 SECONDS EAST,936.25 FEET TO THE EAST-WEST
MID-SECTION LINE OF SAID SECTION 34, FROM WHICH THE EAST QUARTER CORNER OF SAID
SECTION 34, BEING MARKED BY A U.S. GLO BRASS CAP, BEARS NORTH 89 DEGREES 48 MINUTES
18 SECONDS EAST,3327.10 FEET;
THENCE ALONG SAID EAST-WEST MID SECTION LINE,SOUTH 89 DEGREES 48 MINUTES 18
SECONDS WEST, 1955.24 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33, BEING
MARKED BY A U.S.GLO BRASS CAP;
THENCE SOUTH 89 DEGREES 44 MINUTES 45 SECONDS WEST,ALONG THE EAST-WEST MID
SECTION LINE OF SECTION 33,5282.89 FEET TO THE EAST QUARTER CORNER OF SAID SECTION
32, BEING MARKED BY A U.S. GLO BRASS CAP;
THENCE SOUTH 89 DEGREES 48 MINUTES 52 SECONDS WEST,ALONG THE EAST-WEST MID
SECTION LINE OF SECTION 32,5284.57 FEET TO THE EAST QUARTER CORNER OF SAID SECTION
31, BEING MARKED BY A BRASS CAP IN A HAND HOLE;
THENCE SOUTH 89 DEGREES 57 MINUTES 44 SECONDS WEST,ALONG THE EAST-WEST ID-
SECTION LINE OF SECTION 31,5283.27 FEET TO THE SOUTHWEST CORNER OF GLO LOT 5;
THENCE NORTH 00 DEGREES 12 MINUTES 58 SECONDS WEST,ALONG THE WEST LINE OF GLO
LOTS 5 AND 2,2621.68 FEET TO THE NORTHWEST CORNER OF GLO LOT 2, BEING MARKED BY A
1/2 INCH REBAR WITH NO MARKINGS;
THENCE SOUTH 89 DEGREES 45 MINUTES 58 SECONDS WEST,ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 30 AND THE SOUTH LINE OF GLO LOT 10,838.80 FEET
TO THE SOUTHWEST CORNER OF SAID SECTION 30 AND THE RANGE LINE BETWEEN RANGES 7
EAST AND 8 EAST,TOWNSHIP 1 SOUTH BEING MARKED BY A U.S. GLO BRASS CAP;
THENCE NORTH 00 DEGREES 36 MINUTES 36 SECONDS WEST,ALONG SAID RANGE LINE,959.66
FEETTO THE SOUTHEAST CORNER OF SECTION 25,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING
MARKED BY A 1 INCH IRON PIPE WITH NO MARKINGS;
Project o.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbard Engineering(Mesa, ) Page 4 of 7 aburchamC@hubbardengineering.com
THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 39 MINUTES 04 SECONDS
WEST, 1317.10 FEET TO THE EAST QUARTER CORNER OF SECTION 25,TOWNSHIP 1 SOUTH,
RANGE 7 EAST, BEING MARKED BY A MARICOPA COUNTY BRASS CAP LS#36563 2002;
THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 37 MINUTES 37 SECONDS
WEST, 2634.56 FEET TO THE SOUTHEAST CORNER OF SECTION 24,TOWNSHIP 1 SOUTH, RANGE
7 EAST, BEING MARKED BY A 1/2 INCH REBAR WITH NO MARKINGS, FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 30, BEING MARKED BY U.S. GLO BRASS CAP, BEARS
NORTH 00 DEGREES 38 MINUTES 44 SECONDS WEST,371.05 FEET;
THENCE DEPARTING SAID RANGE LINE,SOUTH 89 DEGREES 35 MINUTES 53 SECONDS EAST,
1419.06 FEET TO ATAGENT CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 10,000
FEET;
THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 55
MINUTES 54 SECONDS,AN ARC LENGTH OF 202.47 FEET TO THE BEGINNING OF REVERSE
CURVE,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10,000 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 17
MINUTES 44 SECONDS,AN ARC LENGTH OF 1971.47 FEET TO THE SOUTH LINE OF SAID SECTION
19;
THENCE NORTH 89 DEGREES 45 MINUTES 57 SECONDS EAST,ALONG THE SOUTH LINE OF SAID
SECTION 19,702.14 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 19, BEING MARKED BY
A BRASS CAP IN HAND HOLE;
THENCE NORTH 89 DEGREES 48 MINUTES 18 SECONDS EAST,ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 20, 2643.70 FEET TO THE SOUTH QUARTER CORNER OF
SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP;
THENCE NORTH 89 DEGREES 46 MINUTES 57 SECONDS EAST,ALONG THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 19, 2643.35 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP;
THENCE NORTH 00 DEGREES 15 MINUTES 27 SECONDS WEST, ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 20,2641.55 FEET TO THE EAST QUARTER CORNER OF
SAID SECTION 20, BEING MARKED BY A U.S.GLO BRASS CAP;
THENCE NORTH 00 DEGREES 16 MINUTES 27 SECONDS WEST,ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 20, 2640.94 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 17, BEING MARKED BY A U.S.GLO BRASS CAP;
THENCE NORTH 00 DEGREES 17 MINUTES 40 SECONDS WEST,ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 17, 2641.37 FEET TO THE EAST QUARTER CORNER OF
SAID SECTION 17 BEING MARKED BY A GLO BRASS CAP;
Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbard Engineering(Mesa, Z) Page 5 of 7 aburchamCa)hubbardengineering.com
THENCE NORTH 00 DEGREES 17 MINUTES 14 SECONDS WEST,ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 17, 2641.27 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 8, BEING MARKED BY A BRASS CAP STAMPED"S8/59/S17/S16 LS 35306
THENCE SOUTH 89 DEGREES 47 MINUTES 05 SECONDS WEST,ALONG THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 8,2643.87 FEET TO THE SOUTH QUARTER CORNER OF
SAID SECTION 8, BEING MARKED BY A U.S. GLO BRASS CAP;
THENCE SOUTH 89 DEGREES 45 MINUTES 01 SECONDS WEST,ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 8,2642.26 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 7, BEING MARKED BY A BRASS CAP IN HAND HOLE;
THENCE SOUTH 89 DEGREES 45 MINUTES 42 SECONDS WEST,ALONG THE SOUTH LINE OF SAID
SECTION 7, 703.03 FEET TO A TANGENT CURVE,CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 10,000 FEET;
THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 33
MINUTES 00 SECONDS,AN ARC LENGTH OF 2015.84 FEET TO A REVERSE CURVE, HAVING A
RADIUS OF 10,000 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 12 DEGREES 10
MINUTES 01 SECONDS,AN ARC LENGTH OF 2123.54 FEET TO THE BEGINNING OF NON-TANGENT
CURVE, CONCAVE EASTERLY, FROM WHICH THE CENTER BEARS NORTH 88 DEGREES 20
MINUTES 50 SECONDS EAST, 1057.78 FEET;
THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 04 DEGREES 03
MINUTES 48 SECONDS,AN ARC LENGTH OF 75.02 FEET;
THENCE NORTH 89 DEGREES 37 MINUTES 16 SECONDS WEST, 1403.26 FEET TO SAID RANGE
LINE, FROM WHICH TO THE SOUTHEAST CORNER OF SECTION 12,TOWNSHIP 1 SOUTH, RANGE 7
EAST, BEARS SOUTH 00 DEGREES 39 MINUTES 10 SECONDS EAST,75.01 FEET, BEING MARKED BY
A CITY OF MESA BRASS CAP IN A HAND HOLE;
THENCE NORTH 00 DEGREES 39 MINUTES 10 SECONDS WEST,ALONG SAID RANGE LINE,314.31
FEET,TO THE SOUTHWEST CORNER OF SAID SECTION 7, BEING MARKED BY A PK NAIL WITH TAG
LS 28237;
THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 39 MINUTES 10 SECONDS
WEST, 2637.68 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 12, BEING MARKED BY A
CITY OF MESA BRASS CAP IN HADHOLE;
THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 40 MINUTES 01 SECOND
WEST,263 .07 FEET TO THE SOUTHEAST CORNER OF SECTION 1,TOWNSHIP 1 SOUTH, RANGE 7
EAST, BEING MARKED BY A U.S.GLO BRASS CAP 1911;
THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 37 MINUTES 47 SECONDS
WEST,398.28 FEET TO THE SOUTHWEST CORNER OF SECTION 6,TOWNSHIP 1 SOUTH, RANGE 8
EAST, BEING MARKED BY A U.S.GLO BRASS CAP 1911;
Project o.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbard n ►n erin (Mesa, ) Page 6 of 7 aburcha hubbardengfneerfng.com
THENCE DEPARTING SAID RANGE LINE, NORTH 89 DEGREES 47 MINUTES 38 SECONDS EAST,
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6 AND THE NORTH
LINE OF GLO LOTS 3,2& 1, 3612.04 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 6,
BEING MARKED BY A 4 INCH PINAL COUNTY PUBLIC WORKS BRASS CAP LS 31021 2008;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 15 MINUTES 48 SECONDS WEST,
ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 6 AND THE EAST LINE OF GLO
LOT 14, 1321.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 14, BEING MARKED BY A 1/2
INCH REBAR WITH TAG LS#39325;
THENCE DEPARTING SAID NORTH-SOUTH MID-SECTION LINE, NORTH 89 DEGREES 47 MINUTES
30 SECONDS EAST,ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 6, 1320.75 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6, BEING MARKED BY A 1/2 INCH
REBAR WITH CAP LS#21773 HEITT;
THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST,ALONG SAID WEST LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, 1311.99 FEET TO A POINT
ON SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL,SAID
POINT BEING MARKED BY A PK NAIL WITH TAG LS#39325;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00 DEGREES 16 MINUTES 00 SECONDS
WEST,9.41 FEET TO SAID SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 6;
THENCE SOUTH 89 DEGREES 48 MINUTES 15 SECONDS WEST,ALONG THE EAST-WEST ID-
SECTION LINE OF SAID SECTION 6,4949.90 FEET A POINT ON SAID RANGE LINE AND THE WEST
QUARTER CORNER OF SAID SECTION 6, BEING MARKED BY AN ALUMINUM CAP LS#39325 2016;
THENCE NORTH 00 DEGREES 38 MINUTES 28 SECONDS WEST,ALONG THE WEST LINE OF SAID
SECTION 6, 2254.87 FEET TO SAID NORTHWEST CORNER OF SAID SECTION 6, BEING MARKED BY
A 3 INCH CITY OF MESA BRASS CAP IN A HANDHOLE AND THE POINT OF BEGINNING.
SAID PARCELS CONTAIN 231,138,261 SQUARE FEET OR 5,306.2043 ACRES MORE OR LESS.
g 1%v a 'P4
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ADRIAN M.
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Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description
Hubbard Engineering(Mesa,AZ) Page 7 of 7 aburchamCa)hubbardengineering.com
1201 S.Rma f .
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SEC. 1 , SEC. 17, SEC. 16,
— T1S,I RBE I T15, R8E TlS, R8E
SHEET SHEET
—
SEC. 19, SEC. 20, SEC. 21, SEC. 22,
TlS, R8E TlS, R8E TlS, R8E T 1 S, R8E
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SHEET5 HEET SHEET
1
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SEC. 30, SEC. 29, I SEC. 28, SEC. 27,
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.SEC. 31, SEC. 32, SEC. 33, SEC. 34,
TlS, R8E TlS, R8E TIS, R8E TlS, R8E
L SHEET -*----SHEET SHEET
7 1
ASLD 8500 Project No. Dote
RETAINED PARCEL-BOUNDARY 's'zs 05/05/20
s s of»
EXHIBIT A Project Manager Project Eng.
Pinal County, Arizona ADRIAN BURL
11 S.Alma
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2115.12' TOWNSHIP LINE
w �^ ® TOWNSHIP LINE AB � T1 /T1S
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ASLD 8500 Project No. Dare
RETAINED PARCEL BOUNDARY 1912J 05105120
EXHIBIT A i Project Manager Project Eng.
snt2o�n
Pina/ County, Arizona ADRh4N BURGH
11 S.AIm a9 .
suftimm
MOM AZ SWO
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N9"47'3 "E 3612.04' 89'47'34 E 2641.07
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GLO
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LOT 1 TlS,
W. LINE, NW 114, SEE SHEET 4
SEC. 18, T 1 S, RE
ASLD 8500 Project No. Dare
RETAINED PARCEL BOUNDARY
19123 05/05/20
3 Of f7
EXHIBIT A Project Manager Project Eng.
Pinal County, Arizona ADR BURG
1201 S.Alma .
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ASLD 8500 Project No. Date
RETAINED PARCEL BOUNDARY 19123 05105120
EXHIBIT A Project Manager Project Eng Shk 4 0117.
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SEE SHEET 6
SLD 8500 Project No. ®ate
'9�z3 ®5/®5/z®
RETAINED PARCEL BOUNDARY s of 17
Project Manager Project Eng.
Pina/ County, Arizona ADR BURL;
1 1 S.Alma 9 F .
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S89'45'58"W 3479.87' S88'44'48" 2640.79'
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z o� SEC. 30 T 1 S, R E SEC. 30 T 1 S, RBE uo +Lai
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EXHIBIT A Project Manager Project Eng.
Sht Pinal County, Arizona AD BURG 8ot17
1201 S.ABma FK
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SHEETSEE
SEC. 29, SEC. 28,
TlS, R8E TlS,
S89'47'14" 7925. 14 S89'47'14"W
S. LINE, SEC. 29, T 1 S, RBE SC40 7925.14'
S. LINE, SW 114,
SEC. 2 , T1 S, R8E
Cc
SEC
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T1 , R8E T1 ,
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W S89'48'52" 5284.57' S894445"W 5282.89 Z
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L SEC. 33, T 1 S, R8E
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SEC. 20, T1 S, R8E SEC. 20, T 1 S, R8E SEC. 21, T 1 S, R8E
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RETAINED PARCEL BOUNDARY 1[ 19123 0510
EXHIBIT A Project Manager ProjectJvf17
Pinal County, Arizona ADRIAN BURG
1201 S.PJma F .
Suite 1
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SEC. 17, T 1 S, R8E SEC. 17, T15, R8E S. LINE, SW 1/4,
SEC. 16, T l S, RE
W zZ
SEC. 20, z NSEC. 21,
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SC47
E SHEET 8
ASLD 8500 EADJRMN
ect No. Date
9123 05105120
RETAINED PARCEL BOUNDARY 9 of f7
EXHIBIT A Manager Project Eng.
Pino/ County, Arizona BURG
1201 S.Alma Rd
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SEC. 8, T 1 S, R8E,
N89046'50'E 2135.69' 4018.55' 1271.25' FND, ACF W/CAP
_ — LS JJ9J25
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S89'45'01'�Y 2642.26' S9'47'05"W 643.87' 487.43'2508.22
S. LINE, S 1/4, S LINE, SE 1 SC49 B SC50
SEC. 0 , T 1 S, RE SEC. 0 , T 1 S, R8E SEC.1 ,
SC48 SEC.17, 136.38 �� `r j J 1
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SEC. 17, T 1 S, R8E L 10
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SEE SHEET 9
ASLD 8500 Project No. Dote
19123 ®5/®5/z®
RETAINED PARCEL BOUNDARY rootrr
EXHIBIT A Project Manager Project Eng.
Pinal County, Arizona AOR BURL
11 S.AIma .
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SC52 S. LINE, SE 114, S. LINE, SW 114,
SEC. 16, T 1 S, R8E I SEC. 15, T 1 S, R8E w
op w I N Z
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ASLD 8500 Project No. Date
RETAINED PARCEL BOUNDARY
rs rzs 05/05/20
1fOf17
EXHIBIT A Project Manager Project Eng. sht
Pinal County, Arizona ADR14N BURG
1 1 S.Alms .
SuRe imm
Ph:4SOM2=3
w w w . h u b b a r d ® n g I n a e r i n g c o m
SEE SHEET 11
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475.76' 88.5 '
2167.82 B 2552.42
S89'4643V 2643.58' S89'44'14"W 2641.00'
S06 S. LINE, SE 114, SC57 S LINE, SW 114, SC58
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SEE SHEET 13
ASLD 8500 Project No. Date
RETAINED PARCEL BOUNDARY
19123 05/05/20
rzat'n
EXHIBIT -A Project Manager Project Eng.
Pinal County, Arizona ADRIAN BURG
1201 S.AIma .
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SEE SHEET 1
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I SEC. 28, T l S, RBE SEC. 27, T 1 S, R8E z
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SEC. 33, T l S, R8E SEC. 34, T 1 S, R8E
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RETAINED PARCEL BOUNDARY 1912J 05/05/20
at 13of f7
EXHIBIT A Project Manager Project Eng.
Pina/ County, Arizona ADR14N BURG
11 S.Alma .
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1` I Ph. G .3313
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SC 1 = NW CORNER, SEC. 06, T l S, RBE, FND. 3" C17Y OF MES4 BCHH
SC2 = SW CORNER, SEC. 31, T1 , RBE, FND. 3" CITY OF MES4 BCHH
SC3 = N. 1/4 CORNER, SEC. 06, T 1 S, RBE, FND. IRON PIPE
SC4 = S. 1/4 CORNER, SEC. 31, TIN, RBE, FND. CPS W/TAG LS 1116588
SC5 = NE CORNER, SEC. 0 , T 1 S, RBE, FND. BCF
SC6 = SE CORNER, SEC. 31, TIN, R8E, FND. PINAL COUNTY PUBLIC WORKS BCF LS 131021
SC7 = E 1/4 CORNER, SEC. 06, T 1 S, R E, FND. 3.25" PINAL COUNTY HIGHWAY DEPARTMENT
BRASS CAP
SC8 = SW CORNER, E. 1/2, S. 1/2, NE 1/4, SEC. 6, T 1 S. RE, FND. NOTHING
SC9 = CENTER SECTION, SEC. 06, T 1 S, RE, FND. NOTHING
SC 10 = W. 114 CORNER, SEC. 06, T 1 S, R E, FND. 4" ALUMINUM CAP STAMPED LS 1J9J25 201
SC 11 = SE CORNER, NW 1/4, SE 1/ , SEC. 6, T 1 S RE, FND. 1/2 INCH REBAR WITH
CAP LS 12177J HE I T
SC 12 = SW CORNER SEC. 06, T 1 S, RBE, FND. GLO BRASS CAP 1911
SC 13 = S. 114 CORNER, SEC. 06 T 1 S, R E, FND. " PINAL COUNTY PUBLIC WORKS
BRASS C4P STAMPED LS IJ1021 200
SC 14 = SE CORNER SEC. 06, T 1 S, RBE, FND. " PINAL COUNTY PUBLIC WORKS BRASS CAP
STAMPED LS 31021 200
SC 15 = E. 114 CORNER, SEC. 07, T 1 S, RBE, FND. NOTHING
SC 16 = SE CORNER, SEC. 07, T l S RE, FND. BCHH
SC 17 = SE CORNER, SEC. 12, T 1 S R7E, FND. 3" COM BCHH NO STAMPING
SC18 = SW CORNER, SEC. 07, T 1 S R E, FND. PK NAIL W11TAG LS 1282J7 ,% a ,�
SC 19 = E 114 CORNER, SEC. 12, T 1 S, R7E, FND. C17Y OF MESA BCHH 41282
SC20 = SE CORNER, SEC. 01, T1S, R7E, FND. GLO BRASS CAP 1911 ADRIAN M.
SC21 = E. 1/4 CORNER, SEC. 18, T 1 S, E, FND. BCHH D RCHA
SC22 = SE CORNER, SEC. 1 , T 1 S 8E, FND. BCHH ®s`®n®d '
SC23 = E. 114 CORNER, SEC. 19, T 1 S, R8E, FND. BCHH 'R'I®NA u
SC24 = W. 1/4 CORNER, SEC. 19, T l S, RE, FND. 1/2 REBAR NO MARKINGS
SC25 = SE CORNER, SEC. 13, T 1 S, R7E, FND. NOTHING
SC26 = NW CORNER, SEC. 1 , T 1 S RBE, FND. U.S. GLO BCF 1911
SC 7 = E. 114 CORNER SEC. 13, T 1 S, R7E, FND. CITY OF MESA BCHH
SC28 = E. 114 CORNER SEC. 2 , T 1 S, R7E, FND. U.S. GLO BRASS CAP 1911
SC29 = SE CORNER, SEC. 19, T 1 S RBE, FND. BCHH
SC30 = E. 1/4 CORNER, SEC. 30, T 1 S, R8E, FND. PINAL COUNTY PUBLIC WORKS
BR4SS CAP LS IJ1021
SC31 = SE CORNER, SEC. 25, T 1 S, R7E, FND. 1" IRON PIPE WITH NO MARKINGS
SC32 = E. 114 CORNER SEC. 25, T 1 S, R7E, FND. MARICOPA COUNTY BRASS C,4P LS fJ656J 2002
SC33 = W 114 CORNER, SEC. 30, T 1 S, R8E, FND. ACF
SC34 = SE CORNER, SEC. 24, T 1 S, R7E, FND 1/2" REBAR NO MARKING
SC35 = NW CORNER, SEC. 30, T1S, R E, FND. U.S GLO BRAS CAP
ASLD 8500 Project No. Date
RETAINED PARCEL BOUNDARY 1912J 05105120 14 "
EXHIBIT A Project Manager Project Eng. Sht
Plnal County, Arizona ADR14N BURG
11 S.Alma SdW PA
suraimm
E E R I N G Ph. . i3
. h u b b a r d e n g I n e e r I n g c o m
SC36 = SW CORNER, SEC. 3D, T l S, R8E, FND. U.S. GLO BRASS CAP
SC37 = S. 114 CORNER, SEC. 30, T 1 S, R8E, FND. ACF
SCJ8 = SE CORNER, SEC. 30, T 1 S, RBE, FND. BCHH, CAP BROKEN
SCJ9 = E. 114 CORNER, SEC, 31, T 1 S, R8E, FND. BCHH
SC0 = SE CORNER, SEC. 29, T 1 S, RBE. FND. NOTHING
SC41 = E 114 CORNER, SEC. 32, T 1 S, R8E, FND. GLO BRASS CAP
SC42 = S. 114 CORNER, SEC. 20, T l S, RBE, FND. GLO BRASS CAP
SC43 = SE CORNER, SEC. 20, T 1 S, R8E, FND. GL0 BRASS CAP
SC44 = E. 114 CORNER, SEC. 17, T 1 S, R8E, FND. GLO BR4SS CAP
SC45 = SE CORNER, SEC. 17, T1S, RBE, FND. GL0 BRASS CAP
SC46 = S. 114 CORNER, SEC. 17, T 1 S, RBE, FND. GLO BRASS CAP
SC 7 = E. 114 CORNER, SEC. 20, T 1 S, R8E, FND. GLO BRASS CAP
SC48 = S. 114 CORNER, SEC. 8, T 1 S, RBE, FND. GLO BRASS CAP
SC49 = SE CORNER, SEC. 8, T 1 S, R8E, FND. BRASS CAP STAMPED S /S /S 17/S 16 LS 135J06
SC50 = S. 114 CORNER, SEC. 9, T 1 S, R8E, FND. ACF
SC51 = E 114 CORNER, SEC. 16, T 1 S, R8E, FND. GL 0 BRA SS CAP
SC52 = S. 114 CORNER, SEC. 16, T 1 S, R8E, FND. GLO B SS CAP
SC53 = SE CORNER, SEC. 16, T 1 S, RE. FND. NOTHING
SC54 = N. 114 CORNER, SEC. 22, T1 S, R8E, FND. GL0 BCHH
SC55 = E. 114 CORNER, SEC. 21, T 1 S, R8E. FND. NOTHING
SC56 = S. 114 CORNER, SEC. 21, TlS, R8E, FND. GLO BRASS CAP
SC57 = SE CORNER, SEC. 21, T 1 S, RBE, FND. U.S GLO BWS CAP STAMPED 52 IIS221527IS2
1914
SC58 = S. 114 CORNER, SEC. 22, T 1 S, R8E, FND. GLO BRASS CAP
SC59 = E. 114 CORNER, SEC. 28, T 1 S, RBE, FND. GLO BRASS CAP
SC60 = N. 114 CORNER, SEC. 33, T1S, R8E, FND. GLO BRASS CAP
SC61 = NE CORNER, SEC. 33, T 1 S, R8E, FND. U.S. GLO BRASS CAP STAMPED 1914
SC62 = N. 114 CORNER, SEC. 34, T 1 S, R8E, FND. IRON PIPE NO TAG
SC63 = E. 114 CORNER, SEC. 3 , T 1 S, RBE. FND. U.S. GLO BRASS CAP
SC64 = E. 114 CORNER, SEC. 33, T 1 S, R8E, FND. U.S. GLO BWS CAP
ds 1`f s P`
v� 122 �®
AI
®f® U CA ' .
N.T.S.
ASLD 8500 Project No. Date
RETAINED PARCEL BOUNDARY 19123 05/05/20 f5]IT
EXHIBIT A Project Manager Project Eng.
Pina/ County, Arizona ADRIAN BURG
1201 S.Alma 8dmd Rd
3ulw 1
MOMAUM0
ENGINEERING Ph:MM2=3
w w w . h u b b a r d e n g I n a e r I n g . c o m
A = FND. PK NAIL /TAG LS JJ9J25
B = FND. U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP
C = FND. 1/2" REBAR WICAP LS JJ9J25
D = FND. 1/2" REBAR WITAG LS 12177J
E = FND. " PINAL COUNTY PUBLIC WORKS BRASS CAP
F = FND. PINAL COUNTY PUBLIC WORKS BRASS CAP LS IJ1021
G = FND. CITY OF MESA BCHH 0 INTERSECTION OF MERIDIAN & PRONGHORN
H = FND. CITY OF MESA BCHH @ INTERSECTION OF MERIDIAN & PETERSON
I = FND. CITY OF MESA BCHH 0 INTERSECTION OF MERIDIAN & PR41RIE
J = FND. CITY OF MESA BCHH 0 INTERSECTION OF MERIDIAN & QUINTANA
K = FND. CITY OF MESA BCHH @ INTERSECTION OF MERIDIAN & RENFIELD
L = FND. CITY OF MESA BCHH @ INTERSECTION OF MERIDIAN & REMBRANDT
M = FND. REBAR W/CAP LS IJ2788
N = FND. PK NAIL NO TAG
0 = FND. IRON PIPE NO TAG
P = FND. REBAR WICAP LS 150620
Q = FND. MCDOT BRASS CAP LS 22782 0 INT. OF MERIDIAN & SABLE
R = FND. MCDOT BRASS CAP LS 122782 0 INT. OF MERIDIAN & SOLINA
S = FND. 112" REBAR NO CAP
T = FND. 1/2" REBAR WICAP LS J2222
U = FND. ACF W/CAP LS JJ9J25
V = FND. PK NAIL W.17AG HE ITT LS 2177J
= FND. BRASS CAP FLUSH STAMPED CAP ROW LS fJ9J25
u� 4128 y®
AD [AN
o UCHA
®'. a
qa
7�/ZOJVA U45.P
N.T.S.
ASLD 8500 Project N®. Date
RETAINED PARCEL BOUNDARY 19 12J 05105120
sr�rsotn
EXHIBIT A Project Manager Project Eng.
Pinal County, Arizona ADR BURG
11 S.Alma lam.
3uEte 1
woo
MaM I I Ph. Az M13
w w w . h u b b a r d e n g l n e e r I n g c o m
LINE TABLE LINE TABLE
LINE BEARING LENGTH LINE BEARING LENGTH
L l N89'4421'E 42.94' L 14 58'49'30"E 861.60'
L2 S8946'09'E 1045.52' L 15 523'09'55"E 936.25'
L3 S39'49'39"E 1011.54' L 16 ND®36'36" 959.66'
L4 S394937"E 1061.71' L 17 NO'39'04" 1317. 10'
L5 S65'30'54"E 580.79' a 4�,®f F 41282 . "� L 1 NO'3 '44" 371.05'
w
I
L6 N8975955'E 942.39' ® BUR �. L 19 S89'3553"E 1419.06'
L 7 S34'1735'E 286.43' �� s®°"°° 'Q'1P L20 N8937'16" 1403.26'
'2®NA u•5
L8 S34'1321'E 244.01' L21 SO'39'10'E 75.01'
L9 S34'18'10"E 1162.61' L22 N0739'10" 314.31'
L 10 S31'47'01'E 483.62' L23 NO'37'47" 398.2 '
L l l S29'1641'E 2796.96' L24 NO'37'35" 2637.63'
L 12 S2726'50"E 1086. 12' L25 NOW561W 3026.95'
L 13 S 14 2438'E 919.93' L26 SO'13'49"E 2639.89'
CURVE TABLE
CURVE DELTA RADIUS LENGTH CHORD
Cl 11'5554" 10000.00' 2082.47' S8426'10"W 2078.71
C2 11'1744" 10000.00' 1971.47' S84'07'05"W 196 .28
C3 11'33'00" 10000.00' 2015.84' S8J*59'lJ'"W 2012.43
C4 12'10'01" 10000.00' 2123.54' S84'17'4JnW 2119.55
C5 4'03'48" 105Z 7 ' 1 75.02' 00'2244E 75.00
ASLD 8500 Project No. Date
RETAINED PARCEL BOUNDARY 19123 05/05/20
"of"
EXHIBIT A Project Manager Project Eng.
Pina/ County, Arizona AOR BURL
EXHIBIT
[Property Map]
8651281v1/24831-0003
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8651281v1124831-0003
EXHIBIT C
[Depiction of the Development Units]
8651281v1/24831-0003
tDEVELOPMENT UNITS
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8651281v1/24831-0003
EXHIBIT
[Certificate of Occupancy Clearance Agreement Form]
8651281v1/24831-0003
Certificate of Occupancy - Clearance Agreement For
1 City of Apache Junction—Development Services Department
Please Print or Type all Information
ProjectName:
Project Address:
DSD BLD Number Computer Sequential Number Civil Eng. Folder Number
Developer/Owner:
Address:
City: State: Zip:
Phone: Fax:
E-Mail:
Type of Construction:
Residential 0 Commercial 0 Industrial 0 Other(Explain)
Number of Buildings Number of Lots
*****All Agreements require an 8 '/z"x 11" Exhibit indicating affected area*****
---------------------------------------------------------------------------------------------------------------------
e are authorized and hereby agree to have occupancy clearance withheld on future
construction permits until all tracts, easements, and right-of-way improvements detailed i
the Schedule of Infrastructure Improvements below have been installed and accepted by the
Public Works Department,Apache Junction Water District,and the Superstition Mountains
Community Facilities District No. 1, or until other means of acceptable assurance has been
presented to and accepted by the Development Services Department. This agreement is
attached to the parcel and subsequent owners are subject to its provisions.For any additional
questions regarding bonding requirements, contact the Development Services Department
at( 0) 7 -53.
Schedule of Infrastructure Improvement Requirements:
Specific standards of improvements to be installed in a subdivision, single-family residential
development,two-family and multi-family residential development, and commercial development
shall be as outlined in the following schedule of improvement requirements.
Requirements: (a)All streets, including pavement,concrete curb ramps,curb/gutter and sidewalks
both sides,installed to an approved cross section; (b)Underground streetlight circuits, lamps,poles
and fixtures per City requirements; (c) Public sewer in accordance with Superstition Mountains
Community Facilities District No. 1; (d) Public water supply systems in accordance with Apache
Junction Water District including mains and fire hydrants to AJWD standards in areas served by
the AJWD water system;... (e) Storm drainage in accordance with City requirements; (
Landscaping per City requirements; and(g)All electrical lines shall be installed underground.
[SIGNATURES ON THE FOLLOWINGPAGE]
Signature: Name(Print):
Title: Authorized Agent For:
Agency Address:
Date: Phone Number:
STATE OF ARIZONA )
ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day of 2 ` ,
by
Notary Public
y Commission Expires:
2
8651281v1r24831-0003