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HomeMy WebLinkAboutRes 1991-26RE-S01,11T I ON NO. 1991 -26 TOWN OF FOUNTA I N H I I.LS ARI7.UNA I,OS AL'T'OS HILLS IMPROVEMENT DISTRICT RESOLUTION OF T11E MAYOR AND COUNCIL. OF TILE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARi7.ONA, APPROVING 771E PLANS, SPECIFICATIONS, AND ESTIMATES, AND DECI,AR I NG ITS IN'rEN'I' l ON TO ORDER 'fill; IMPROVEMENT OF A PORTION OF TI1E TOWN OF FOUNTAIN HILLS KNOWN AS TIIE LOS ALTOS HILLS IMPROVEMENT DISTRICT BY TILE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS INCLUDING THE CONS-1-RUCTION, PAVING AND LANDSCAPING OF CERTAIN ROADS AND DRAINAGE FACILITIES; ATJ. AS SHOWN ON TIIE PLANS; DESIGNATING SUCH IMPROVEMENT AS THE LOS ALTOS HILLS IMPROVEMENT DIS'T'RICT; DETERMINING THAT IMPROVEMENT BONDS WILL BE ISSUED TO FINANCE TILE- COSTS AND EXPENSES THEREOF AND DECLARING TILE WORK OR I MPROVF.MENT TO BE OF MORE TIIAN LOCAL OR ORDINARY PUBLIC BENEFIT; AND TIIAT THE COSTS OF SAID WORK OR IMPROVEMENT WILL BE ASSESSED UPON TILE LOS ALTOS HILLS IMPROVEMENT DISTRICT; AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT WILT, BE PERFORMED UNDER TILE PROVISIONS OF 48 -571 TIIROUGII 48 -621 INCLUSIVE, ARIZONA REVISE) STATUTES, AND ALL AMENDMENTS TILERETO . WIIEREAS, the property owners of all property within the proposed district have expressed ari interest in having certain public improvements which are of more than local or ordinary public benefit acquired and c:onstructe(I within said District; and k'HrREA�C, pursuanz: to Arizona Revised Statutes Section 48 -577, there leas been filed with the Clerk plans, specifications, and estimates of the casts and expellscs of the proposed improvement project; and WHEREAS, the improvements which are to be acquired and constructed include improvements, to the roads and the drainage system and landscaping within the r ight.s of way, and the Mayor and Council haws found that such improvements ar4- of more than local or ordinary public benefit and it is the intention of l.h- Hayor and Council to order the acquisition and construction of these improvements upon the completion of these proceedings; and WIl {:RFAS, the Mayor and Council have examined the plans, specifications, and est.imat.es; C., NOW, THEREFORE IT IS RESOLVED, DETERMINED AND ORDERED AS FOLLOWS: Section 1 Definitions. In this Resolution, the following terms shall have the following meanings: "Assessment Diagram" shall mean those diagrams of the property contained within the District to be filed with the Clerk and approved by the Governing Body. "Clerk" shall mean the Clerk of the Town of Fountain Hills, Arizona. "Count-y" shall menu Maricopa County, Arizona. "District" shall. mean all lots, parcels and tracts of land lying within the exterior boundaries of the entire composite and consolidated territory known as the Los Altos Hills Improvement District as described in Exhibit A attached hereto and depicted upon the District Map on file with the Clerk and attached hereto as Exhibit B. "District Engineer" shall mean Collar, Williams & White, or any successor to such entity. "Est.i.mate" shall mean the estimate of costs and expenses of Los Altos Hills Improvement District filed with the Clerk prior to adoption of this Resolution, showing the estimated total cost of the proposed work to be $6,350,000, said estimate attached hereto and labeled Exhibit C. "Governing Body" shall mean the Mayor and Council of the Town of Fountain hills, Arizona. "Incidental Expenses" shall mean compensation paid to the District Engineer for the design of the facilities, costs of printing, advertising, posting, the amount paid to the District Engineer to take charge and superintend the work of constructing the improvements, the expenses of making the assessment, Bond Registrar and Paying Agent fees, appraiser's fees, all legal and Einancial fees, expenses and costs incurred in drafting the proceedings and the sale and registration of bonds and all interest to be paid on the bonds for the period of construction and six months beyond. "Plans and Specifications" shall mean the Plans and Specifications and contract documents for the Work to be constructed within the District pursuant Lo one or more contracts for the construction of said work. "Stiperi_ntendent of ,streets" shall mean the person lesignated to act in this capacity by the Town of Fountain Hills, Arizona, and any successor to such person. "Town" shill mean the Town of Fountain Hills, Arizona. "Work" shall metro the acquisition and construction, paving and landscaping of certain roads and the construction and installation of certain drainage facil i.t:ies, to wit: The project consists of master infrastructure de%,elopment, including roadway grading, paving, drainage and landscaping and project drainage control fnci.li_ ties for Los Altos Hills; located in Section 29 Township 3 North Range 6 East Salt River Base and Meridian. 2 Project Scope Roadway Roadway construction will include four (4) roadways: Los Altos Hills Parkway, Summerhills Blvd., Miramonte Drive and Westwind Drive. Los Altos ]tills parkway consists of a major collector cross section containing approximately 3900 l.f. of improvements. Stimmerh i_11 Bl %7,1. consists of a modified collector cross section containing approximately 4800 1. f . of improvements. Miramonte l)ri,7.-!. is a local residential cross s,- ,ction consisting of 1700 l.f. of improvements., Westwind Drive is a modified collector street consisting of 900 1. £. of improvements. The construction of these roadways includes: Paving Subbase preparation Grading Installation of curb /gutters Manhole /valve box adjustments Underpasses Drainage StormDrainage SystEem The drainage improvements provide the master drainage control for project. Drainage improvements include RGRCP culverts and drains with headwalls, manholes, aprons and erosion protection. §1 gnage and S t r i_p_J n_g Traffic safety control devices are to be constructed on all roadways witlii.n the district. These improvements consist of s i.gnage and striping. Landscaping Landscaping improvements consist of the salvage and replanting of native plat-it species to include, cacti, paloverde and ironwood. The salvaged plant material with the addition of nursery plants will be inst�:'!led in the medians and on the roadway shoulders. These impr_ovenw nts will include accent lighting and irrigation; all as shown on the Plans and Specifications, which for purposes of this Resolution and all subsequent Resolutions and Notices pertaining to this Resolution is hereby designated the Town of Fountain Hills Los Altos Hills Improvement District. Section 2. Approval of Plans, specifications, and Estimates. The Civil Governing Body of the Town of Fountain Hills, Arizona, hereby preliminarily adopts and approves the plans, specifications, and estimates for the Los Altos Hills Improvement District subject to such protests and modifications as may be made in accordance with the law and such modifications as may be subsequently made by this Governing Body for the Los Altos Hills Improvement District, a copy of said estimate being attached hereto as Exhibit C and 3 incorporated herein by reference. Said Plans and Specifications and the Estimate of the costs .and expenses thereof are on file with the Clerk and are hereby referred to for more particular descriptions of the said work and the same are hereby incorporated herein by reference as though fully set forth herein. Section 3. Dectnr.ation of Intent=ion to Order Improvements. The public interest and convenience require and it is the intention of this Governing Body to order the Work to be acquired or constructed. All of said work and improvements are to be acquired or constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials and at the lin! s, grades and elevations as exist and as shown and delineated on the Plans and Spec ificat -. ions therefore, prepared by the District Engineer and filed with the Cl rk, and preliminarily adopted and approved. No assessment for any lct or parcel shall exceed its proportion of the Estimate. For purposes of this Resolution and of all resolutions and notices pertaining to this Resolution the improvement as herein described is hereby designated Los Altos Hills Improvement District. Section 4. Determination of Need. In the opinion of the Governing Body, the Work is of more than local or ordinary public benefit, and the Governing Body hereby orders that all amounts due or to become due with respect to the Work shall be chargeable upon the r.especti.ve lots, pieces and parcels of land within the Los Altos Hills Improvement District subject to assessment, in accordance with the benefits to be received by each such lot or parcel. Section 5. Assessment of Public Property_ any public street or alley within the boundaries of the Improvement District may be omitted from the Improvement District to be assessed. Any lot belonging to the United States, the State of Arizona, Maricopa County, any city or town, school district or any political subdivision or institution of the State of Arizona or Maricopa County which is included within the District may be omitted from the assessment, and if so omitted, the expenses for such property sliall be paid in accordance with Title 48, Chapter 4, Article 2, Section 48 -582, Arizona Revised Statutes. If not omitted, the expenses shall be paid as provided by the aforesaid statute. Section 6. Determi.naLi.on and Notice of Necessity to Issue Bonds. The Governing Body f.i.nds that the convenience requires that Improvement Bonds (hereinafter 11Bonds ") shall. be issued, pursuant to Title 48, Chapter 41 Article 2, Arizona Revised Statutes, and all amendments thereto, in an amount not: to exceed $6,350,000 to represent the costs and expenses of the acquis i.tioti nn.,] constru( ti.on of the Work; said amount to be assessed only upon the lots, pieces and parcels of land within the Los Altos Bills Improvement District; aad determines that Bonds shall b,� issued in the name of the Los Altos lulls Improvement District payable solely and only out of a special fund consisting of funds collectable from special assessments levied and assessed upon the lots, pieces and parcels of land within the Los Altos Hills Improvement District subject to assessment therefore, in not to exceed twenty-five (25) annna 1 principal installments from the assessments of twenty-five dollars ($25.00) or over remaining unpaid as of the date of the Bonds. The first interest payment on the bonds issued shall he clue on the first day of January, 1.993, which date occurs no ear.l.i.er than ninety (90) days after the expected date of completion of the Work, and the first 4 principal payment shall be payable to bond holders on the first day of January, 1993. The Bonds as they mature during the term of the issue shall mature on the first day of January in amounts to be set by the Governing Body prior to their issuance. Said Bonds shall bear interest at the rate of not to exceed twelve percent (1.2 %) per annum, payable on the first day of January and July of each year. Said bonds and the interest thereon shall be payable as provided in Arizona Revised Statutes Section 48 -597. Section 7. Bond Anticipation Notes. The Governing Body reserves the right to issue bond anticipation notes pursuant to Arizona Revised Statutes Section 48 -618. The Governing Body also reserves the right to retain any Bonds which may be issued and to sell the same for cash to pay the contractor the amounts due it in cash. Section 8. Statutory Authority. The Work and all proceedings pertaining thereto shall be performed under the provisions Chapter 4, Article 2, Sections 48 -571 through 48 -621, inclusive, Arizona Revised Statues, and all amendments thereto. Section 9. Protests and Objections to the Extent of the District. Owners of property within the Los Altos Hills Improvement District may file with the Clerk of the Town of Fountain Hills, P.O. Box 17958, Fountain Hills, Arizona 85268 written protests against the Work, or objections to the extent of the Los Altos Hills Improvement District to be assessed to pay the expenses of the improvements; said protests or objections to be filed within fifteen (15) days after the last publication of this resolution, or within fifteen (15) days after the completion of the posting of the notices of proposed improvement, whichever date is later. Notice is hereby given that all protests or objections made will be heard by the Governing Body at the time fixed herein, and protesting or objecting property owners shall appear at said time and show cause who their protests or objections should not be overruled. Wednesday , the 10th day of July, 1991, at the hour of 6:30 o'clock p.m., at the Council. Chambers, School Administrative Building, Fountain Hills, Arizona, which is located at 14605 N. Del Cambre, is fixed ns the time and place when and where the Governing Body will consider all protests against the Work and the estimated costs thereof, and objections to the extent of the District to be assessed to pay the costs of the Work. Owncirs and all other persons directly interested in the assessment, who have any objection to the extent of the Los Altos Hills Improvement District or the improvement, or to any of the previous proceedings connected therewith, may, prior to the time fixed above in this resolution, file a written notice briefly specifying the grounds of their objections. All protests made as here state the grounds of protest, protest relates, shall state shall be signed by the owner owner that each signature was genuine signature. in provided shall be in writing, shall clearly shall describe the property as to which the its frontage in feet and decimals thereof, and shall have attached an affidavit of an affixed in his presence and is the signer's Section 10. Delegation of Authority. The District Engineer is hereby authorized to fill in any blanks and to make any minor corrections necessary to complete the Plans and Specifications and the Contract 5 Documents. All of said work will be done under the direction of the District Engineer, such being a suitable person appointed therefore by the Superintendent of Streets and this Governing Body, and the District Engineer shall see that the contract is fulfilled. Section 11. Retained Ri.ght to Reduce or Alter Scope of Work. If, because of pending or threatened litigation concerning any one or more parcels subject to assessment, the Town and the winning bidder(s) receive a written opinion of Bond Counsel stating that bonds cannot be issued against such parcel or parcels, the Los Altos Hills Improvement District may then cause the construction contract to be modified to exclude from the applicable contract some or all of the Work which will benefit the parcel or parcels in question. The filing of a certificate and r(-quest that no bonds be issued against any parcel pursuant to Section 48 -597, Arizona Revised Statutes, may be deemed to be threatened litigation. To the extent that plans, detailed drawings and specifications show that any of the improvements described therein may be done according to any of several alternative Plans and Specifications, or methods, classes or kinds of construction or classes or kinds of material, the Governing Body reserves the right to hereafter determine according to which the work shall be done. Secti.on 12. Miscellaneous. The Work shall be constructed under one or more Contracts for Construction and Acquisition and all proceedings therefore shall be taken. The Superintendent of Streets shall cause to be posted Notices of Proposed Improvement at not more than three hundred (300) feet apart along the lines of the proposed improvements within the Los Altos Bills Improvement District, which notice shall be headed "Notice of Proposed Improvement ", such heading to be in letters at least one (1) inch in height; said Notice of Proposed Improvement shall state the fact of passage of this Resolution, shall briefly describe the proposed improvements and the Bonds and shall state that the proceedings are had pursuant to Title 48, Chapter 4, Article 2 and all amendments thereto; said Notice to be in the form attached hereto as Exhibit D. The Clerk shall certify to the passage of this Resolution of Intention, and shall cause the same in its entirety with all Exhibits to be published five (5) times in a daily newspaper or two (2) times in successive issues of a weekly or semi - weekly newspaper published and of general circulation within the Town of Fountain Hills. On or before the first date of publication of the Resolution of Intention the Clerk shall cause copies of said notice to be mailed to the owners of real property within the District, as their names and addresses appear on the last equalized Maricopa County tax roll or as known to the Clerk. All of the locati.oits where streets will be paved are either open to public use or have been dedicated thereto by a plat of record or otherwise, or separate easements, leases or permits have been obtained therefore, or shall be acquired and shall be deemed to be public and subject to improvement and maintenance by the Town of Fountain Hills, Arizona. The descriptions of the public improvements and the terms describing the proposed work used in this Resolution are general in nature. All items C-11 of work and improvements do not necessarily extend for the full length of the description thereof or may extend beyond said description. The plans and detailed drawings for the work and improvements shall. be controlling as to the correct and detailed description thereof. 6 The Engagement of the Law Office of John G. Gliege, Flagstaff, Arizona, as Bond Counsel is hereby approved in accordance with the Faigagement Letter of this date describing the services to be performed and the fees therefore. The grades and elevations shown in the Plans and Specifications are hereby adopted and established as the official grade for said work. All such grades and elevations are in feet and decimals thereof with reference to the datum plane established by the United States Geological Survey. The District Engineer shall make diagrams of the property contained within the Los Altos Hills Improvement District; the diagrams shall' show each separate lot, numbered consecutively, the- area in square feet of each lot, and the location of the lot in relation to the work proposed to be done. This Resolution shall- be filed with the Clerk and made a part of the records of the Governing Body. It is understood that as each parcel o£ property contained within the District is subdivided and sold the assessment will be allocated among the subdivided portions of such property in such a manner so as to preserve the maximum value Of property liened and encumbered by the assessment. At no time shall the ratio of the amount of the assessment to the value of the property exceed one to three (1:3), unless the assessments are otherwise adequately guaranteed by some other means as approved by the Town Council. No portion of the cost of the Work shall be paid by the Town of Fountain Hills, Arizona. Following the completion of the work and acceptance of the Improvement by the Town of Fountain. Hills, Arizona the improvements will be maintained -by the Town of Fountain :Rills or other entities as designated by the Town of Fountain Hills, Arizona. ADOPTED THIS 0th day of June , 1991 ATTEST: 6 Clerk APPROVED ASYV FORM: ai Co o!1 for Los Altos Hills _._. 7 TOWN OF FOUNTAIN HILLS, ARIZONA (, I hereby certify definition "District" read the description same. that I have read the description set out under the and approve the same. I further certify that I have set out under the definition "Work" and _Spnroye the Dis I hereby certify that the above foregoing Resolution NoyY91-26, was fully pass,,d by the Mayor and Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on June 6 , 19 91 , and that a quorum was present thereat and that the vote thereon was 7 ayes and o nays. None were no vote and none were absent. DECLINT.RES /FOUNTHIL May 22, 1991 H Clerk -ORDER No. 8545 -0819 A part of Section 28 Gila and Salt River and more particulary EXHIBIT "A" and 29, Township 3 North, Mange 6 Base and Meridian, Maricopa'County, described as - follows: page A East of the Arizona i Beginning at the Southeast corner of said Section 29; thence South 89 degrees 49 minutes 54 seconds West, and along the South line of said Section a distance of 2638.21 feet to the South quarter corner; thence north 89 degrees 57 minutes 36 seconds West, 2636.88 feet to. the Southwest corner of said Section; thence North 00 degrees 03 minutes 51 seconds West and along the West line of said Section, 2642.91 feet to the West quarter .corner of said Section, thence North 00 degrees 03 minutes 52 seconds West along said Section line, 1216.11 feet to a point being on the Southerly Right --of -Way of Shea Boulevard; thence North 70 degrees 18 minutes 51 seconds East, and departing said line and along said right -of- way 162.37 feet to the beginning of a. non - tangent curve being con- cave Southerly and having -a radius of 2686.79 feet (from which a radial line bears South 19 degrees 42 minutes 07 seconds East); thence along thq arc of said curve through a central angle of 23 _ degrees 11 minutes-58 seconds an arc' length of :1087.90 feet (from which a radial line bears South 03 degrees 29 minutes 51 seconds West); thence South 86 degrees 31 minutes 46 seconds East, 451.66 feet to the beginning of a rion-- tangent curve concave Northerly and having a radius of 3056.21 feet (from which a radial line bears North 03 degrees 28 minutes 03 seconds East); thence along the arc of said curve through a central angle of 14 degrees 11 minutes 55 seconds and an .a,rc length of 757.37 feet ( from, which a radial line bears North. 10 degrees 43 minutes 52 seconds West),- thence North 79 degrees 13 minutes 03 seconds East r 1682.26 ;feet., thence departing said right- -of -way, South 10 degrees 46 minutes 57 seconds East, 438.00 feet; thence South 17 degrees 54 minutes.27 seconds East, 80.62 feet; thence North 62 degrees 14 minutes 48 seconds East, 369.73 feet; thence South 08 degrees 54 minutes 17 seconds East, 102.75 feet; thence South 26 degrees 49 minutes 09 seconds East, 1008.48 feet; thence East, 288.95 feet to the Easterly line of said Section 29; thence South00 degrees 02 minu- tes 36 seconds East along said Section line a distance of 418.78 feet to the East quarter corner of said Section; thence continuing EXHIBIT "A" CONTINUED. . . . . . • r EXHIBIT "A" CONTINUED >, • bRDER NO. 8645 — .0819 PAGE B along said line South 00 degrees 07 minutes 04 seconds East, 492.32 feet to a point on a curve being concave :Southerly and having a radius of 758.00 feet (front which point a radial line bears South 12 degrees 16 minutes 30 seconds West); thence along the arc of said curve through a central angle of 14 degrees 21 minutes 00 seconds and on an arc length of 189.8*5 feet; thence' South 63 degrees 22 minutes 30 seconds East, 141.60 feet to a point on. a curve being concave Easterly- and having a radius of 442.00 feet (from which point a radial line bears South 68 degrees 49 minutes 39 seconds East) ; thence along the arc of said curve through a central axigle of 43 degrees 31 minutes 21 seconds and an arc'length of 335.75 feet; thence South 22 degrees 21 minutes 00 seconds East, 101.15 feet to the beginning of a tangent curve being concave Northwesterly and having a radius :of 258.00 feet; thence along the are of said curve through a central angle of 92 degrees 04 minutes 30 seconds and an arc length :of 414.61 feet; thence South 69 degrees 43 minutes 30 seconds West, 29.15 feet; thence South 08 degrees 28 minutes 01 seconds We 49.68 feet; thence South 21 degrees 14 minutes 06.seconds West, 157.97 feet; thence South 12 degrees 39 minutes 55 seconds East, 130.38 feet; thence South 08 degrees IG minutes 10 seconds East, 160.92 feet; thence South 77 degrees 10 minutes 45 seconds East, 59.65 feet; thence South-20 degrees 00 minutes 55 seconds East, 217.67 feet; thence South 56 degrees 55 minutes 55 seconds East., 50.46 feet; thence South-25 degrees 03 minutes 38 seconds East, 83.43 feet; _thence South 41 degrees 42'minutes 19 seconds East, 40.03 feet; thence South• 11. degrees 57 minutes 53 seconds East, 88.79 feetor 90. 08 feet; thence South 04 degrees 22 minutes 58 seconds West4 thence Soutli. 04 degrees 05 minutes 42 seconds West, 236.78 feet to the South line of said Section 28; thence South 89 degrees 46 minutes 58 seconds West, and along . the South line of said section a distance of 384.59 feet tb the POINT OF BEGINNING. EXCEPT all minerals and ground water rights, as reserved in Deed recorded December 22, 1986 at Recorders No. 86;708594 records of Maricopa County, Arizona. _ PAGE C 1 T 5HEA .BLVD fP TRACT C -2 �Of I I I cAA l \ \\ PARCEL 2 <f I I � n � � I V �WESTWIND D IRAMONT AY \\ O.3 h ti j SRnC U TRACT C- TRACT C -1 TRACT ,C�6 . EXHIBIT TO ACCOMPANY DESCRIPTIONS OF PREPARED 5100 I9 / SUMMIT WEST %� COLLAR, WILLIAMS & WHITE- JOINT VENTURE ��� EXCEPTIONS Sd,.,00A fro n..AY..LU1 o�n..,.mn loo „o.90p50Z� 1 of 7 • EXCEPTION A 2702 N.4411, S,,,•0 COLLAR, WILLIAMS & WHITE sui,, 11%)A 11weik AUSMS -1576 (612) 957.3350 fAa:(6021956.5466 Description For CWW No. 900502 -21 Summit West Joint Venture April 25, 1991 RIGHT -OF -WAX AT LOS ALTOS HILLS Being a portion of Section 29 and a portion of Section 28, Township 3 North, Range 6 East, G. & S. R. B. & M., Maricopa County, Arizona, more particularly described as follows: COMMENCING at the south Quarter Corner of said Section 29; THENCE N89 057136 "W, along the south line of the southwest quarter of said Section 29, a distance of 777.15 feet; THENCE N00 002124 "E, 10.54 feet to the POINT OF BEGINNING, said point marking the beginning of a non - tangent curve, the central point of which bears NO2 055'59 "E, 425.00 feet; THENCE westerly, along the arc of said curve, through a central angle of 22 013121 ", having an arc distance of 164.84 feet; THENCE N64 050140 "W, 107.94 feet to a point marking the beginning of a tangent curve, having a radius of 325.00 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 32 007145 ", having an arc distance of 182.25 feet; THENCE N32 042155 "W, 148.53 feet to a point marking the beginning of a tangent curve, having a radius of 625.00 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 11 °10'40", having an arc distance of 121.93 feet; THENCE N64 000157 "W, 29.07 feet; THENCE S72 035119 "W, 117.02 feet to a point marking the beginning of a tangent curve, having a radius of 275.00 feet to the right; THENCE westerly, along the arc of said curve, through a central angle of 62 006112 ", having an arc distance of 298.07 feet; THENCE N45 018128 "W, 135.76 feet; THENCE N44 041132 "E, 50.00 feet; THENCE S45 018'28 "E, 135.76 feet to a point marking the beginning of .a . tangent curve, having a radius of 225.00 feet to the left; THENCE easterly, along the arc of said curve, through a central angle of 62 °06112 ", having an arc distance of 243.88 feet; THENCE N72 035'19 "E, 117.02 feet; THENCE N29 011'36 "E, 29.07 feet to a point marking the beginning of a non - tangent curve, the central point of which bears N76 °42'53 "E, 625.00 feet; THENCE northerly, along the arc of said curve, through a central angle of 13 °07144 ", having an arc distance of 143.21 feet; THENCE N00 009123 "W, 161.41 feet to a point marking the beginning of a tangent curve, having a radius of 2075.00•feet to the left; 2 of 7 EXCEP'T'ION A THENCE northerly, along the arc of said curve, through a central angle of 05 °34'57 ", having an arc distance of 202.18 feet; THENCE N05 °44'20 "W, 147.80 feet to a point marking the beginning of a tangent curve, having a radius of 575.00 feet to the right; .THENCE northerly, along the arc of said curve, through a central angle of 63 °37118 ", having an arc distance of 638.48 feet; to a point of compound curvature marking the beginning of a tangent curve, the central point of which bears S32 °07'02 "E, 881.82 feet; THENCE northeasterly, along the arc of said curve, through a central angle of 03 °34122 ", having an arc distance of 54.99 feet; THENCE N61 027120 "E, 244.87 feet; THENCE N65 °17'59 "E, 158.50 feet to a point.marking the beginning of a tangent curve, having a radius of 808.00 feet to the left; THENCE northeasterly, along the arc of said curve, through a central angle of 12 °07'13 ", having an arc distance of•170.92 feet; THENCE N53 010146 "E, 879.38 feet to a point marking the beginning of a tangent curve, having a radius of 1442.00 feet to the right; THENCE northeasterly, along the arc of said curve, through a central angle of 13 043138 ", having an arc distance of 345.48 feet; THENCE N66 054124 "E, 309.18 feet to a point marking the beginning of a tangent curve, having a radius of 458.00 feet to the left; THENCE northeasterly, along the arc of said curve, through a central angle of 32 °09'37", having an arc distance of 257.08 feet; THENCE N34 044147 "E, 04.02 feet; THENCE N10 °24141 "W, 28.21 feet; THENCE N55 034110 "W, 293.54 feet to a point marking the beginning of a tangent curve, having a radius of 533.00 feet-to the left; THENCE northwesterly, along the arc of said curve, through a central angle of 33 031102 ",.having an arc distance of 311.80 feet; THENCE N89 005112 "W, 166.92 feet to a point marking the beginning of a tangent curve, having a radius of 642.00 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 68 °00'35 ", having an arc distance of 762.05 feet; THENCE N21104138 "W, 121.52 feet to a point marking the beginning of a tangent curve, having a radius of 1000.00 feet to the right; THENCE northerly, along the arc of said curve, through a central angle of 09 °49144 ", having an arc distance of 171.55 feet; to a point on a curve on the southerly right -of -way line of Shea Boulevard, from which the central point bears N07 000'23 "W, 3056.21 feet; THENCE easterly, along said southerly right -of -way line and along the arc of said curve, through a central angle of 02 °03156 ", having an arc distance of 110.18 feet; THENCE S11 014153 "E, 174.69 feet to a point marking the beginning of a tangent curve, having a radius of 558.00 feet to the left; ' THENCE southeasterly, along the arc of said curve, through a central angle of 77 °50'19 ", having an arc distance of 758.06 feet; 3 of 7 EXCEPTION A THENCE S89 005112 "E, 166.92 feet to a point marking the beginning of a tangent curve, having a radius of 617.00 feet to the right; THENCE southeasterly, along the arc of said curve, through a central angle of 33 031'02 ", having an arc distance of 360.94 feet; THENCE S55 034110 "E, 421.27 feet; THENCE S54 047104 "E, 547.55 feet; THENCE S55 034110 "E, 403.71 feet to a point marking the beginning of a tangent curve, having a radius of 2965.50 feet to the left; THENCE southeasterly, along the arc of said curve, through a central angle of 12 020142 ", having an arc distance of 630.96 feet; THENCE S67 054152 "E, 180.10 feet to a.point on the west line of the aforementioned Section 28; THENCE S00 007104 "E, along said west line, 34.56 feet to a point marking the beginning of a non - tangent curve, the central point of which bears S12016136"W, 758.00 feet; THENCE southeasterly, along the arc of said curve, through a central angle of 14 °21100 ", having an arc distance of 189.85 feet; THENCE S63 022130 "E, 141.60 feet to a point marking the beginning of a non - tangent curve, the central point of which bears S68 °49139 "E, 442.00 feet; THENCE-southerly, along the arc of said curve, through a central angle of 43 031121 ", having an arc distance of 335.75 feet; THENCE S22 021100 "E, 101.15 feet to a point marking the beginning of a tangent curve, having a radius of 258.00 feet to the right; THENCE southwesterly, along the arc of said curve,.through a central angle of 92 °04130 ", having an arc distance of 414.61 feet; THENCE S69 043'30 "W, 29.15 feet; THENCE N48 035115 "W, 28.40 feet; THENCE N69 043130 "E, 42.62 feet to a point marking the beginning of a tangent curve, having a radius of 233.00 feet to the left; THENCE northeasterly, along the arc of said curve, through a central angle of 92 °04130 ", having an arc distance of 374.43 feet; THENCE N22 °21'00 "W, 101.15 feet to a point marking the beginning of a tangent curve, having a radius of 467.00 feet to the right; THENCE northerly, along the arc of said curve, through a central angle of 36 052141 ", having an arc distance of 300.58 feet; THENCE N26 °04'47 "W, 29.80 feet; THENCE N67 054152 "W, 480.26 feet to a point.marking the beginning of a tangent curve, having a radius of 3034.50 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 12 °20142 ", having an arc distance of'653.82 feet; THENCE N55 034110 "W, 403.71 feet; THENCE N56 020156 "W, 551.28 feet; THENCE S79 035119 "W, 28.36 feet; THENCE S34 044147 "W, 84.48 feet to a point marking the beginning of a tangent curve, having a radius of 542.00 feet to the right; 4 of 7 EXCEPTION A THENCE southwesterly, along the arc of said curve, through a central Cv angle of 32 009'37 ", having an arc distance of 304.23 feet; THENCE S66 054124 "W, 309.18 feet to a point marking the beginning of a tangent curve, having a radius of 1358.00 feet to the left; THENCE southwesterly, along the arc of said curve, through a central angle of 13 °43138 ", having an arc distance of 325.36 feet; THENCE S53 °10146 "W, 879.38 feet to a point marking the beginning of a tangent curve, having a radius of 892.00 feet to the right; THENCE southwesterly, along the arc of said curve, through a central angle of 08 °3910411, having an arc distance of 134.68 feet; THENCE S18 °53'11 "W, 28.97 feet; THENCE S24 °42101 "E, 80.31 feet to a point marking the beginning of a tangent curve, having a radius of 366.00 feet to the left; THENCE southerly, along the arc of said curve, through a central angle of 06 °29117 ", having an arc distance of 41.45 feet to a point of compound curvature marking the beginning of a tangent curve, the central point of which bears N58 048'42 "E, 447.78 feet; THENCE southeasterly, along the arc of said curve, through a central angle of 26 °21116 ", having an arc distance of 205.97 feet; THENCE S57 032134 "E, 125.89 feet to a point marking the beginning of•a tangent curve, having a radius of 674.50 feet to the left; THENCE southeasterly, along the arc of said curve, through a central angle of 24 °27120 ", having an arc distance of 287.90 feet; THENCE S81 059154 "E, 269.28 feet to a point marking the beginning of a tangent curve, having a radius of 274.50 feet to the left; THENCE easterly, along the arc of said curve, through a central angle of 21 009148 ", having an arc distance of 101.39 feet; THENCE N76 050118 "E, 455.60 feet; THENCE S13 009142 "E, 50.00 feet; THENCE S76 °50118 "W, 455.60 feet to a point marking the beginning of a tangent curve, having a radius of 324.50 feet'to the right; THENCE westerly, along the arc of said curve, through a central angle of 21 °09148 ", having an arc distance of 119.86 feet; THENCE N81 059154 "W, 269.28 feet to a point marking the beginning of a tangent curve, having a radius of 724.50 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 2.1 °27120 ", having an arc distance of 309.24 feet; THENCE N57 032134 "W, 125.89 feet to a point marking the beginning of a tangent curve, having a radius of 497.78 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 26 021116 ", having an arc distance of 228.97 feet to a point of compound curvature marking the beginning of a tangent curve, the central point of which bears N58 °48'42 "E, 416.00 feet; THENCE northwesterly, along the arc of said curve, through a central angle of 06 °29117 ", having an arc distance of 47.11 feet; 5 of 7 EXCEPTION A THENCE N24 042101 "W, 79.66 feet; cwv THENCE N69 042101 "W, 28.28 feet; THENCE S65 017159 "W, 122.50 feet; THENCE 968 054128 "W, 232.39 feet to a point marking the beginning of a tangent curve, having a radius of 315.85 feet to the left; THENCE southwesterly, along the arc of said curve, through a central angle of 11 001'30 ", having an arc distance of 60.78 feet to a point of compound curvature marking the beginning of a tangent curve, the central point of which bears S32 °07102 "E, 525.00 feet; THENCE southwesterly, along the arc of said curve, through a central angle of 63 °37118", having an arc distance of 582.96 feet; THENCE S05 044120 "E, 147.80 feet to a point marking the beginning of a tangent curve, having a radius of 2125.00 feet to the right; THENCE southerly, along the arc of said curve, through a central angle of 05 °34157 ", having an arc distance of 207.05 feet; THENCE S00 009123 "E, 161.41 feet to a point marking the beginning of a tangent curve, having a radius of 575.00 feet to the left; THENCE southerly, along the arc of said curve, through a central angle of 32 °33132 ", having an arc distance of 326.75 feet; THENCE S32 °42'55 "E, 148.53 feet to a point marking the beginning of a tangent curve, having a radius of 275.00 feet to the left; THENCE southeasterly, along the arc of said curve, through a central angle of 32 °07145 ", having an arc distance of 154.21 feet; THENCE S64 050140 "E, 107.94 feet to a point marking the beginning of a tangent curve, having a radius of 375.00 feet to the left; THENCE southeasterly, along the arc of said curve, through a central angle of 22 013121", having an arc distance of 145.45 feet; THENCE S02 055159 "W, 50.00 feet to the POINT OF BEGINNING. Comprising 17.164 Acres, more or less, subject to all easements of record. J S•o 3. H . Z0.00 S�11H SO1�V Sod 1V JVM d0 1HOI�J' j0 NOIldIdOS]O J NddWOOOV lIBIHX] .tz.£t.zz a .re•r9t 1 .00•szr a ,W101 M.Or.0S.M .9r.10.Z£ a .SZ•zet 1 .00•SZ£ a M.9£.1S.68 .£S'8rl ----- � - - ---- M.Mak.Z£N 6Z 03S a00 b /!W 8 0 .00,09 .or.ol.tt a . n.BS.SS.ZOS j £6•tzt 1 .tZ.£I.ZZ G .00'SZ9 N .Sv*9kl 1 .001S1£ a ,v6.10t 110.62 M.IS.00.M 3.0b.OS.r9S .ZO'ltt M.614£.Z1S .sr-10.Z£ a .Z1.9029 a .tz'rst 1 ,10'86Z 1 .00'91Z H .00•91Z M .£S'Brl .91'S£l 3.SS.Zr.Z£S M.BZ.eI.SrH - ZC.ss.z£ a� %)), v� r- • o .00.OS .00'S1S , �`o- -- , r� 3.Z£. tr.VM .91's£t . Y• 191 •��' `t'{�� 3.8Z.81.M 3.£Z.60.00S • .68'SZ1 .19.r£.s0 a c. .2149029 a A.r£.Z£.1S or,� .SO•lOZ 1 C. ti ,00•SZZ 1 .OZ.lz.rz a. N N ,00•szlz N �rr,lc. t o .4Z-60f. 1 .08' lr l .0s•rz1 a °�� �•• 3.OZ,kr.SOS .tz•£rl 1 .BZ•69Z Nay Gov °m .001SZ9 a M.rs.6S.18 C! 4'.y� --ca °r- :10 .lr'19l .8t.60.1Z a umN M.£Z.60.00N O O • N N .19.t'£.Sa a -4 - RJ D 09 X0.00. 9 44� C 171. Ss TO H21'04. 121 s2 w LY ROW SHEA BLVD /` 11 R Jo (� 06.21. .1 2•03,S6r a• 6• 8 0 0 0l� J6s 9?..1,2 N89-05. 2•N J R • 0 6 166.92. D 33 0.1 94, R 533.00. 31.02, D 33.31.02.L 311. so. N55.34.10, 293.54. N10.24 w S 28.21. R 458.56. 434-44' 7b R 1442.00 66•s4,24, L 257.08. 84.02' DJ 5.48. 309.18. 32'09'37• -43.38. ` N36•49.14,1, _ 84.00' EXHIBIT ACCOMPANY DESCRIPTION OF RIGHT OF WAY AT LOS ALTOS HILLS 7 of 7 EXCEPTION A SCALE 1 " =500 ` 8� �s4, 0 4 'F ?0� 0. J . 2 N6l•4 � � °$6. 0 -. 4go 42 • R f 26 . l �p 14. 48.00. 21 . 0 ( 18 N26. S63. 0 . 9 O.f J4j. �2.J0� -as. R 29.8 _ 60. f L '76? 00 1 36S�41. A22 011,00'H �R 1', .00. V69. 92. 43. 43.3 �04.30'. 42'62 N Aa. 329.40' > 69 . 9.1g 3'30, ^ :.,..r, I111.7.n..i V1��i,�,�nN�,ti,� Witi•i•ii - 1,0011 c'� "" l of 6 . 1'h•ni. A /.NQR�i.I�:N EXCEPTION B Nil 1 11% PA\:1041: •ion. �,tNN Description For CWW No. 900502 -2 Summit West Joint venture Exception May 20, 1991 PARCEL 2 AT LOS ALTOS HILLS being a portion of Section 29, Township 3 North, Range 6 East, G. 6 S. R. B. & M., Marieopa County, Arizona, more particularly described as follows: COMMENCING at the east Quarter Corner of said Section 29; THENCE N00 002'36 "w, along the east line of said Section, 432.33 feet; THENCE S89 °57'24 "W, 1655.41 feet to the POINT OF BEGINNING; THENCE S34 044'47 "W, 04.02 feet to a point marking the beginning of a tangent curve, having a radius of 450.00 feet to the right; THENCE southwesterly, along the arc of said curve, through a central angle of 32 °09'37 ", having an arc distance of 257.00 feet= THENCE S66 054124 "W, 309.10 feet to a point marking the beginning of a tangent curve, having a radius of 1442.00 feet to the left; THENCE southwesterly, along the arc of said curve, through a central angle of 02 002159 ", having an arc distance of 51.59 feet; THENCE H07 013'52 "E, 112.34 feet; THENCE N19 032!07 "W, 116.93 feet; THENCE N44 028'12 "W, 600.20 feet; THENCE N10 °37111 "W, 94.17 feet to a point marking the beginning of a non - tangent curve, the central point of which bears N30 °19'35 "E, 642.00 feet; THENCE southeasterly, along the arc of said curve, through a central angle of 37 °24147 ", having an arc distance of 419.21 feet; THENCE S09 005'12 "E, 166.92 feet to a point marking the beginning of a tangent curve, having a radius of 533.00 feet to the right; 'THENCE southeasterly, along the arc of said curve , through a central angle of 33 °31'02 ", having an arc distance of 311.00 feet; THENCE S55 °34110 "E, 293.54 feet; THENCE S10 °24'41 "E, 28.21 feet to the POINT OF BEGINNING. to all easements of Comptising 0.405 Acres, more or less, subject record. Description For CWW No. 900502 -2 Summit west Joint Venture Exception May 20, 1991 TRACT C -0 AT LOS ALTOS [TILLS Being a portion of Section 29, Township 3 North, Range 6 East, G. s S. R. B. 6 M., Maricopa County, Arizona, more particularly described as follows: COMMENCING at the west Quarter Corner of said Section 291 THENCE N00 °03'52 "W, along the west line of said Section, 707.48 feet; THENCE N09 056100 "E, 3145.16 feet to the POINT OF BEGINNING; THENCE N31 904'17 "W, 313.06 feet; THENCE N71 °19'09 "W, 951.23 feet; THENCE N52 022100 "W, 54.04 feet; THENCE N09 °00'15 "W, 47.20 feet; THENCE N27 °32'56 "E, 73.30 feet to a point on a curve on the southerly Right -Of -Way line of Shea Boulevard from which the central point bears S00 °10'34 "W, 2606.79 feet; THENCE easterly, along said southerly Riglrt -OE -way line, and along the arc of said curve, through a central. angle of 03 °19'17 ", Laving an arc distance of 155.75 feet; THENCE S06 °31'46 "E, continuing along said southerly Right -Of -way line, - 451.66 feet to a point marking the beginning of a non- tangent curve, the central point of which bears NO3 °28'03 "F., 3056.21 feet; Right -Of -way line, and THENCE easterly, continuing along said southerly along the arc of said curve through a central angle of 10 °28'26 ", having an arc distance of 550.69 feet to a point marking the beginning bears N70 °45'07 "E, of a non - tangent curve, the central point of which 1000.00 feet; THENCE southerly, along the arc of said curve, through a central angle of 09 °49144 ", having an arc distance of 171.55 feed °04'30 "E, feet to a marking the be of a 'THENCE S21 121.52 point tangent curve, having a radius of 642.00 feet to the left; THENCE southeasterly, along the are of said curve, through a central angle of 30 °35'48 ", having an arc distance of 342.04 feet; THENCE Sl0 037111 "E, 94.17 feet; THENCe S44 020112 "E, 600.20 feed THENCE S19 °32107 "E, 116.93 feet; THENCE S07 013'52 "W, 112.34 feet to a point marking the beginning of a °08'35 "E, non- tangent curve, the central point of which bears 525 1442.00 feet; THENCE southwesterly, along the arc of said curve, through a central angle of 08 °32'30 ", having an arc distance of 214.97 feet; THENCE N43 016139 "W, 1033.90 feet to the POINT OF BEGINNING. less, to all easements of Comprising 10.502 Acres, more or subject ' record. : ;U;N 11,4 `:Ir„' )I YYILLIAMS & W1 1111", 2 of 6 EXCEPTION B Description For CWW No. 900502 -2 Summit west Joint Venture Exception May 20, 1991 TRACT C -7 AT LOS ALTOS IiILLS Being a portion of Section 29, Township 3 North, Range 6 East, G. s S. R. B. 6 M., Maricopa County, Arizona, more particularly described as follows OMMENCING at the southwest Corner of said Section 29; THENCE N00 °03'51 "W, along the west line of said Section, 2094.47 feet to the POINT OF BMINNING; THENCE, continuing N00 °03'51 "W, along said west line, 540.44 feet; THENCE N00 003'52 "W, continuing along said west line, 1216.11 feet to a point on the- southerly night -Of -way line of Shea boulevard. THENCE N70 018151 "E, along said southerly Right -Of -Way line, 162.37 feet to a point marking Lite beginning of a non- tangent curve, the central point of which bears 519 °42'07 "E, 2606.79 feet; THENCE easterly, continuing along said Right -Of -Way line and along the arc of said curve, through a central angle of 01 °00102 ", having an arc distance of 53.18 feet; THENCE S68 007128 "E, 100.23 feet; THENCE S44 043'50 "E, 60.67 feet; THENCE S25 °53100 "E, 49.02 feet; THENCE S07 035124 "E, 402.02 feet; THENCE SO4 001127 "E, 39.90 feet; THENCE S09 018107 "W, 35.26 feet; THENCE S13 051131 "W, 469.67 feet; THENCE S06 °50'22 "W, 14.00 feet; THENCE 534 905'09 "W, 16.06 feet; THENCE 526 057114 "W,. 210.91 feet; THENCE S61 013113 "E, 48.60 feet; THENCE 538 °10'47 "E, 42.87 -feet; THENCE 525 032156 "E, 40.35 feet) THENCE SO4 °27127 "E, 37.31 feet; THENCE S00 050'33 "E, 393.46 feet; THEHCE1S83 044120 "E, 88.03 feet) THENCE S67 955'17 "E, 53.74 feet; THENCE S39 048120 "E, 70.29 feet; THENCE S15023118'E, 56.53 feet; THENCE S07 011'01 "E, 157.54 feet; THENCE S27 059'39 "E, 1095.70 feet) THENCE S17 014'25 "E. 310.51 Teets THENCE S00 017138 "E, 50.50 feet; THENCE S35 024144 "W, 59.50 feet to a point marking the beginning of a non - tangent curve, Lite central point of which bears N09 °20'37 "E, 225.00 feet; THENCE ncrthwesterly, along the arc of said curve, through a central angle of 35 °12'54 ", having an arc distance of 138.29 feet; THENCE N45 918128 "W, 277.72 feet; TIIENCC N31 013109 "W, 540.30 feet; THENCE N27 927147 "W, 550.48 feet; THENCE H10 031'51 "W, 170.17 feet; THENCE N37 °31109 "W, 311.00 feet to Lite POINT OF BEGINNING. Comprising 2G.243 Acres, more or less, subject to all easements of record. Description For CWW No. 900502 -2 Summit West Joint Venture Exception May 20, 1991 TRACT C -6 AT LOS ALTOS HILLS Being a portion of Section 29, Township 3 North, Range 6 East, G. s S. R. B. & M., Maricopa County, Arizona, more particularly described as follows: BEGINNING at Lite southwest Corner of naid Section 29; TIIENCE N00 °03'51 "W, along the went line of naid Section, 377.69 feet; TIIENCE N70 °30159 "E, 706.16 feet; THENCE N44 041132 "E, 74.01 feet; THENCE S45 018'28 "F, 135.76 feet to a point marking e l beginning of a tangent curve, having a radius of 275.00 feet to the left; THENCE southeasterly, along the arc of said curve, through a central angle of 07043'08 ", having an arc distance of 37.05 feet: THENCE S07 038'35 "E, 02.16 feet; THENCE S21 009117 "E, 52.65 feet) THENCE S40 032'56 "E, 47.30 feet; THENCE S64 033125 "E. 73.09 feet; THENCE S74 030153 "E, 470.57 feet to a point marking the beginning of a non - tangent curve, the cenL•ral point of which bears N41 °13'34 "E, 325.00 feet; THENCE southeasterly, along the arc of said curve, through a central angle of 16 004114 ", having an arc distance of 91.16 feet; THENCE S64 950140 "E, 20.16 feet; THENCE S25 058150 "W, 70.54 feet) THENCE S68 004133 "W, 55.12 feet to a point on the south line of the aforementioned Section 29; THENCE N89 °5736 "W, along said south line, 1546.57 feet to ;tie POINT OF UK, INNING.' Comprising 13.540 Acres, more or lens, r;uhj ,,ct to nil easements of record. „i�N .IliliSua, COLLAR, WILLIAMS rat Wl 11TH • . ` • Y NsiIN I.NIA 3 of • 6 • 1'1". ii A/. NSININ IS1N EXCEPTION B 1.1X: a•,i; l •iy. S Iti:1 Description ' For CWW No. 900502 -2 Summit West Joint Venture Exception May 20, 1991 1'ItACT C -5 AT, LOS ALTOS HILLS Being a portion of Section 29, Township 3 North, Range 6 East, G. & S. R. B. b M., Maricopa County, Arizona, more particularly described as follows: COMMENCING at the south Quarter Corner of said Section 29; 774.63 feet; TIIENCE N89 957'36 "W, alone the south line of said Section, 002'24 "E, 60.48 feet to the POINT OF BEGINNING, said point THENCE N00 marking the beginning of a non- tangent curve, the central point of which bears NO2 055'59 "E, 375.00 feet; THENCE westerly, along the arc of said curve, through a central angle of 22 °13121 ", having an arc distance of 145.45 feetl "W, feet to a marking the beginning of a THENCE N64 950140 107.94 point tangent curve, having a radius of 275.00 feet to the right; through a central TIIENCE northwesterly, along the arc of said curve, °42'51 ", having an arc distance of 32.23 feet; angle of 06 THENCE N18 °35'54 "E, 1490.55 feet; TIIENCE N20 018103 "E, 55.45 feet to a point marking the beginning of a °58'06 "E, 497.78 non - tangent curve, the cenL•ral point of which bea ts N43 feet; THENCE southeasterly, along the arc of said curve, through a central angle of 11 °30139 ", having an arc distance of 100.01 feet; THENCE S57 032'.34 "E, 40.44 feet; TIIENCE SO4 017'25 "W, 850.94 feet; THENCE S21 °07118 "W, 596.37 feet; TIIENCE S43 002112 "W, 105.51 feet to the POINT OF BEGINNING. to all easements of Comprising 10.117 Acresv more or less, subject record. Description For CWW No. 9005Q2 -2 Summit West Joint Venture Exception May 20, 1991 TRACT C -4 AT LOS ALTOS HILLS 29 a of the southwest Being a portion of Section alyd portion R. B. quarter of.Section 20, Township 3 North, Range 6 East, G. & S. more described as follows: & M., Maricopa County, Arizona, particularly COMMENCING at the southwest Corner of said Section 28; TIIENCE, N09 046'50 "E, along the south line of said Section 20, 304.59 feet; TIIENCE N04 905142 "E, 230.70 feet) TIIENCE N04 022158 "E, 90.08 feet to the POINT OF BEGINNING; TIIENCE S43 °53'55 "W, 06.02 feet; TIIENCE S66 023'00 "W, 110.34 feet; •THENCE N01 050'55 "W, 113.55 feet; TIIENCE N53 043'17 "W, 62.02 feetl TIIENCE N32 011'55 "W, 86.00 feet; THENCE N11 038'57 "W, 190.66 feet to a point on the east line of the aforementioned Section 29; THENCE, continuing N11 °30'57 "W, 104.31 feet; TIIENCE M01 029148 "W, 333.11 feet; THENCE N36 011119 "E, 75.71 feet; TIIENCE SO4 019'15 "E► 93.42 feet; TIIENCE S12 039'55 "E, 106.13 feet; TIIENCE S08 °16110 "E, 160.92 feetl THENCE S77 910145 "E, 59.65 feet; THENCE S20 °00 '55 "E, 217.67 feet; TIIENCE S56 055155 "E, 50.46 feet) TIIENCE S25 003'38 "E, 83.43 feet; TIIENCE S41 042'19 "E, 40.03 feet; TIIENCE S11 °57' 53 "E, 80.70 feet to the POINT OF BEGINNING. easements of Comprising 4.620 Acres, more or less, subject to all record. • � l L. X U U01,1„11\. 11II.l.I. \t�l,� ���.��• tlaa A G 11 -.1% Al M411" 1 A 4 of 6 1NV1'1t111••41 EXCEPTION B 1AN (1401'et,. %Is$ Description For CWW No. 900502 -2 Summit West Joint venture Exception May 20, 1991 TRACT C -3 AT I.OS ALTOS HILLS Being a portion of Section 29, and a portion of the southwest quarter of Section 20, Township 3 North, Range 6 East, G. & S. R. B. & M., Maricopa County, Arizona, more particularly described as follows: BEGINNING at the southeast Corner of said Section 29; THENCE S89 049154 "W, along the south line of said Section 29, a distance of 2185.14 feet; THENCE N15 °29'00 "W, 049.99 feet; THENCE N23 005'47 "E, 623.19 feet; THENCE N76 050118 "E, 220.90 feet; THENCE S41 030147 "E, 156.27 feed THENCE S23 027155 "W, 509.95 feet; THENCE 6010-42'32 "W, 115.00 feet; THENCE S40 °43'38 "E, 73.20 feet; THENCE N51 050'26 "E, 725.77 feet; THENCE N15 °13112 "E, 300.54 feet; THENCE N06 654154 "W, 761.64 feet; THENCE N84 039'09 "W, 50.38 feet; THENCE S44 °30'47 "W, 469.90 feet; THENCE S42 059'34 "E, 52.44 feet; THENCE S42 "32139 "E, 62.71 feet; TIIENCE S18' 058104 "E, 64.61 feet! THENCE SO4 °36110 "W, 71.03 feet; THENCE S20 957157 "W, 57.29 feet; THENCE S47 021127 "W, 77.35 feet; THENCE S72 °51124 "W, 74.00 feet; THENCE S76 050'18 "W, 455.60 feet to a point marking the beginning of a tangent curve, having a radlus of 274.50 feet to the right; THENCE westerly, along the arc of said curve, through a central angle of 21 °09140", having an arc distance of 101.39 feet; THENCE N19 °01'39 "W, 59.33 feet; THENCE N00 049145 "W, 69.11 feet; THENCE N59 012'26 "E, 201.48 feet; THENCE H34 032'31 "W, 70.90 feet; THENCE N12 016156 "E, 83.20 feet; THENCE N34 °35'35 "E, 366.01 feet; THENCE N41 °26144 "E, 394.62 feet; THENCE N05 010109 "E, 153.66 feet; TIIENCE•N64 046'34 "W, 87.00 feet; THENCE S38 °41110 "W, 243.00 feet; TIIENCE S53 053141 "W, 1104.42 feet; THENCE S29 045149 "W, 76.14 feet; TIIENCE S41 004'27 "W, 06.75 feet; THENCE S63 020'16 "W, 05.93 feet; THENCE N57 °32134 "W, 33.94 feet to a point marking the beginning of a tangent curve, having a radius of 447.78 feet to the right; THENCE northwesterly, along the arc of said curve, through a central angle of 25 °3220 ", having an arc distance of 199.59 feet; THENCE N15 °39'30 "E, 216.79 feet to a point marking the beginning of a Lion- tany'ent curve, the central polnt of which bears H36 "10142 "W, 092.00 feet; THENCE northeasterly, alony the arc of said curve, through a central angle of 00 °38132 ", having an arc distance of 10.00 feet; TIIENCE N53 010146 "F„ 879.38 feet to a point marking the beginning of a tangent curve, having a radius of 1350.00 feet to the right; THENCE northeasterly, along the arc of said curve, through a central angle of 13 043130 ", !laving an arc distance of 325.36 feet; THENCE N66 °54124 "E, 309.18 feet to a point marking the beginning of a tangent curve, having a radius of 542.00 feet to the left; THENCE northeasterly, along the arc of said curve, through a central angle of 32 009'37 ", having an arc distance of 304.23 feet; THENCE N34 044147 "E, 04.40 feet; THENCE N79 035119 "E, 28.36 feet; THENCE S56 020156 "E, 349.46 feet; THENCE S17 015126 "E, 401.46 feet; THENCE S07 049'37 "E, 1036.06 feet; THENCE S13 059142 "W, 202.61 feet; THENCE S62 036157 "E, 57.58 feet; THENCE N66 007107 "E, 900.53 feet; THENCE S82 033104 "9, 90.30 feet to a point on the west line of the aforementioned southwest quarter of Section 20; THENCE, continuing S02 033'04 "E, 57.51 feet; THENCE S41 034150 "E, 103.21 feet; THENCE S02 002127 "E, 07.06 feet; THENCE S18.37110 "W, 70.61 feet; THENCE S48 011'26 "W, 83.85 feet; TIIENCE S67 009'07 "W, 1060.29 feet; THENCE S66 030122 "14, 310.30 feet; THENCE S15 003114 "W, 97.61 feet; THENCE S27 019108 "W, 332.05 feet; THENCE 602 °39115 "E, 63.61 feet; THENCE N09 042100 "E, 699.96 feet; THENCE 805 013'57 "E, 496.92 feet; THENCE S64 954128 "E, 367.15 feet; THENCE S12 050'28 "E, 64.14 feet; TIIENCE S19 026155 "W, 64.51 feet; THENCE S09 046'50 "W, 121.45 feet to the COINT or DW,1HNIFK;. Comprining 04.820 Acren, more or less, subject to all easements of record. ::U: N (;( }I .1,i \i ;. Vl�ll,l, AMS & W111'1 H ., • , l .,.11,11~1.1 5 of 6 lii1:1.1t7 l :'.n EX=TIQN B Description For CWW No. 900502 -2 Summit West Joint Venture Exception May 20, 1991 TRACT C -1 AT LOS ALTOS BILLS Being a portion of Section 29, Township 3 North, Range 6 East, G. & S. R. B. & M., Maricopa County, Arizona, more particularly described as follows: COMMENCING at the southwest Corner of sold Section 291 THENCE N00 °03'51 "W, along the west line of said Section, 466.07 feett THENCE N89 056'09 "F„ 947.09 feet to the POINT OF BEGINNING, said point marking the beginning of a non- tangent curve, the central point of which bears N36 058'23 "E, 275.00 feed THENCE southeasterly, along the arc of said curve, through a central angle of 54 °23104 ", having an arc distance of 261.03 feet; THENCE N72 °35'19 "E, 117.02 feet; THENCE S64 000'57 "E, 29.07 feet to a point marking the beginning of a non;- tangent curve, the central point of which bears N68 °27' 46 "E, 625.00 feet; THENCE southeasterly, along the arc of said curve, through a central angle of 11 010'40 ", having an arc distance of 121.93 feetl THENCE S32 °42'55 "E, 148.53 feet to a point marking the beginning of a tangent curve, having a radlun of 325.00 feet to the left; TIIENCE southeasterly, along the arc of said curve, through a central angle of 16 °03'31 ", having an arc distance of 91.09 feet; THENCE N74 938'53 "W, 470.57 feet; TIIENCE N64 °33125 "w, 73.09 feet; THENCE N40 032'56 "W, 47.38 feet; THENCE H21 °09'17 "W, 52.65 feet; THENCE N07 030'35 "W, 82.16 feet to the POINT OF BEGINNING. Comprising 1.906 Acres, more or less, subject to all easements of record. Description For CWW No. 900502 -2 Summit West Joint Venture Exception May 20, 1991 TRACT C -2 AT LOS ALTOS IIIL1,S Being a portion of Section 29, Township 3 North, Range 6 East, G. & S. R.' B. & M., Maricopa County, Arizona, more particularly described as follows: COMMENCING at the east Quarter Corner of said Section 291 TIIENCE N00 °02136 "W, along the east line of said Section, 322.27 feet; THENCE S09 057'24 "W, 1317.02 feet to l-he POINT OF UOGINNINGt THENCE N54 °47'04 "W, 233.45 feet; THENCE N55 034110 "W, 421.27 feetl THENCE N10 046'57 "W, 918.57 feet to a point on the southerly Right -0£ -Way line of Shea Boulevard; THENCE N79 °13'03 "E, along said southerly Right -Of -Way line, 848.17 feetl TIIENCE S10 °46'57 "E, 438.00 feet; THENCE S17 054'27 "E, 80.62 feet; THENCE S67 019122 "W, 303.63 feet; THENCE S03 °33'08 "E, 811.35 feet to the POINT OF BEGINNING. Comprising 18.064 Acres, more or leas, subject -to all easements of record. 6OF6 DELETED 'DOWN OF FOUNTAIN HILLS LOS ALTOS HILLS IMPROVEMENT DISTRICT PROJECT ESTIMATE MAY 22, 1991 ITEM CONS'T'RUCTION CONTINGENCY ENGINEERING TOWN ATTORNEY BOND OPINION /PROCEEDINGS FINANCIAL ADVISOR BOND REGIS & PRINTING TOWN ADMINTSTRATION ADVERTISING CAPITALIZED INTEREST TOTAL ESTIMATE.CST /FOUNTHIL _ ESTIMATED COST $4,2383500.00 $636,000.00 $598,000.00 $15,000.00 $90,000.00 $90,000.00 $27,000.00 $15,000.00 $2,500.00 $638,000.00 $6,350,000.00 NOTICE IS HEREBY GIVEN that on the 6th day of June, 1991, the Governing Body of the Town of Fountain }fills, Arizona, adopted a Resolution of Intention to Order the a auisition and construction of certain roads, drainage and landscape improvements within Los Altos Hills Improvement District, the boundaries of which are set forth on the a« ached map and legal description, for an amount not to exceed $6,350,000. Said proceedings are being had pursuant to Article 2, Chapter 4, Title 48, Arizona Revised Statutes. The Plans and Specifications, Diagram of the District, and the Total Estimated Cost have been preliminarily adopted and are on file with the Clerk of the Town of Fountain Hills, Arizona located at 16836 E. Palisades, Building C, Fountain Hills, Arizona. NOTICE IS FURTHER GIVEN that improvement bonds will be issued, to bear interest from their date at a rate not to exceed twelve percent (12 %) per annum, to be paid from a special fund collected in not to exceed twenty -five (25) annual installments from assessments of twenty -five dollars ($25.00) or over remaining unpaid thirty (30) days after the date of recording the assessment- or five (5) days after the decision of the Governing Body upon an objection. NOTICE IS FURTHER GIVEN that pursuant to A.R.S. Section 48-580, on Wednesday the 10th day of July, 1991, at 6:30 p.m. at the meeting place of the Town Council, School Administrative Building, 14605 N. Del Cambre, Fountain Hills, Arizona, 85268, the Governing Body will. hold a hearing upon the sufficiency of any protest filed pertaining to the Resolution of Intention to order certain improvements adopted by said Governing Body on the 29th day of Nay, 1991, upon the proposed Plans and Specifications or Total Estimated Cost, or any other matters which may lawfully come before the Governing Body. All persons filing protests pursuant to A.R.S. Section 48 -580, their agents or attorneys are required to appear and show cause why their protest should not be overruled. Upon completion of the determination of the sufficiency of any protest, the Governing Body will consider adopting a Resolution Ordering the Improvements within the Los Altos Hills Improvement District. EXECUTED this 7th day of June , 1991. Towwn. of Fountain Hills, Arizona Clerk PR0iMP2.NOT /FOUNTHJL