HomeMy WebLinkAboutRes 2014-08RESOLUTION NO.2014-08
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING THE FINAL SETTLEMENT
AGREEMENT,AMENDED AND RESTATED MAY 1,2014,BETWEEN THE
TOWN AND MCO PROPERTIES INC.,EN LLC AND ADERO CANYON
LLC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1.The Final Settlement Agreement,Amended and Restated May 1, 2014,
between the Town of Fountain Hills and MCO Properties Inc., EN LLC and Adero Canyon LLC
(the "Agreement"),is hereby approved in substantially the form attached hereto as Exhibit A.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
May 1,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
Bevelyn J.B
REVIEWED BY:APPROVED AS TO FORM:
^s^JAGmaA/PuV/--—-
Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney
2147237.1
2147237.1
EXHIBIT A
TO
RESOLUTION NO. 2014-08
[Amended and Restated Agreement]
See following pages.
2112643.24
FINAL SETTLEMENT AGREEMENT
Amended and Restated May 1, 2014
THIS AMENDED AND RESTATED FINAL SETTLEMENT AGREEMENT (this
“Restated Agreement”) dated May 1, 2014 (the “Effective Date”), is between the Town of
Fountain Hills, an Arizona municipal corporation (the “Town”), MCO Properties Inc., a Delaware
corporation, successor-in-interest to MCO Properties L.P. d/b/a MCO Properties Limited
Partnership, a Delaware limited partnership doing business in the State of Arizona (“MCO”), EN
LLC d/b/a EN at Fountain Hills LLC, a Delaware limited liability company (“Eagles Nest”‘) and
Adero Canyon LLC, a Delaware limited liability company (“Adero”). The Town, MCO, Eagles
Nest and Adero are each referred to individually as a “Party” and collectively as the “Parties.”
MCO, Eagles Nest and Adero are collectively referred to as the “Developer Parties.”
RECITALS
A. The Town and MCO are Parties to a Final Settlement Agreement dated
December 4, 2001 (the “Original Agreement”) that (i) resolved litigation between MCO and the
Town and (ii) governed the development of two parcels of real property: (i) approximately
431.20 acres as described on Exhibit A-1 and depicted on Exhibit A-2, both attached hereto (the
“Eagle Ridge North Property”); and (ii) approximately 485.53 acres as described on Exhibit B-1
and depicted on Exhibit B-2, both attached hereto (the “Eagles Nest Property”). The Eagle’s
Nest Property and rights pertaining thereto were conveyed by MCO to Eagles Nest and the Eagle
Ridge North Property and rights pertaining thereto were conveyed to Adero. Accordingly,
Eagles Nest and Adero have the rights hereunder as they pertain to their respective portions of
the Property. The Eagle Ridge North Property and the Eagles Nest Property are collectively
referred to herein as the “Property.”
B. The Original Agreement was amended by a Final Settlement Agreement
Addendum dated April 3, 2003, to modify the date for construction of Eagle Ridge Drive to the
date a certificate of occupancy is issued for a home in Eagle Ridge North, and a First
Amendment to Final Settlement Agreement dated October 6, 2011, to modify the “Initial Vesting
Period” for the Property. The Original Agreement, as amended by the Addendum and First
Amendment described above, is referred to as the “Agreement.”
C. The dispute that necessitated the settlement evidenced by the Agreement has been
resolved, all of the “Conditions” as defined in the Agreement have been satisfied, all of the
“Pending Actions” described in Section 2 of the Agreement have been resolved by the
appropriate court actions, the Town has acquired the approximately 354 acre parcel of land
adjacent to the Property and referred to as the “New Preserve Land” and paid the “Purchase
Price” and all other matters relating to such Pending Actions have been concluded. However,
the Agreement continues to govern the development of the Property.
D. The Eagle Ridge North Property referred to in the Agreement has been renamed
as “Adero Canyon.” Accordingly, all references to what was previously named the Eagle Ridge
North Property shall be referred to in this Restated Agreement as the Adero Canyon Property.
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The Adero Canyon Property is now owned by Adero, and the Eagles Nest Property is now
owned by Eagles Nest.
E. Adero has (i) applied for Planned Area Development (“PAD”) rezoning of
approximately 80 acres of Adero Canyon, to allow for conversion of 52 single-family, custom
lots into 31 semi-custom single-family lots, 44 attached “Townhome” lots and 120
Condominium units (the “Adero Canyon PAD”), resulting in an increase in Adero Canyon of
173 dwelling units to a total of 343 and (ii) requested other modifications to the Agreement. As
used in this Restated Agreement, all references to “Adero Canyon PAD” shall mean the exhibit
to the Town-Council approved ordinance that adopts the PAD zoning for Adero Canyon,
including all stipulations, alterations and conditions included as part of its approval (the “PAD
Rezoning Ordinance”). The Parties agree and understand that all items submitted in Adero’s
PAD application, and the letters, comments and other materials explaining or discussing that
application, including MCO’s January 22, 2014, PAD Application brochure, are of no force and
effect, and that Adero, MCO and the Town shall look solely to the Town’s regulations, the PAD
Rezoning Ordinance and this Restated Agreement with respect to the zoning regulations for
Adero Canyon. To the extent of any conflict between the PAD Rezoning Ordinance, this
Restated Agreement and the Town’s regulations, the PAD Rezoning Ordinance shall control
first, then this Restated Agreement and then the Town’s regulations.
F. The Town has requested that MCO (i) convey to the Town the property identified
as Maricopa County Assessor’s Parcel No. 176-13-617W, as more particularly described and
depicted on Exhibit C, attached hereto and incorporated herein by reference (the “New Town
Lot”), in exchange for a conveyance by the Town to Eagles Nest of Tract E identified on the
Final Plat for Eagles Nest Parcel 11 (“Tract E”) which was originally conveyed to the Town for
potential use as a fire station and the use of which would be modified to a single family
residential lot (the “New Eagles Nest Lot”) and (ii) release and quitclaim to the Town all deed
restrictions and reversionary rights retained by MCO pertaining to the real and personal property
located at 11445 N. Saguaro Boulevard. The Parties have agreed to this exchange of real
property for their mutual benefit and, accordingly, the Parties have agreed to modify the
Agreement and the Eagles Nest Final Plat to provide for a change in the use of Tract E into the
New Eagles Nest Lot and modification of the applicable documents so that Tract E benefits from
all entitlements applicable to all other single family residential lots in the Eagles Nest
subdivision.
G. Eagles Nest has constructed a substantial portion of the Eagles Nest Property, and
it is the Parties’ intent that Eagles Nest continue development of the Eagles Nest Property as
contemplated by the Agreement, and that nothing in this Restated Agreement shall affect Eagles
Nest or the Eagles Nest Property, except that the total lot count and overall disturbance shall be
increased to permit the use of the New Eagles Nest Lot as a lot for construction of a single-
family residence and the related provisions pertaining the New Eagles Nest Lot.
H. In addition to and as a result of the Adero Canyon PAD, Adero Canyon is to be
replatted and the existing right-of-way for Eagle Ridge Drive, which was dedicated to the Town
as part of the master plat for Adero Canyon, MCR # 2001-1201370, dated December 20, 2001
(the “Existing Final Master Plat”), must be abandoned by the Town. The final master plat and
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all final parcel plats for Adero Canyon shall be consistent with the Adero Canyon PAD and the
new preliminary master plat approved concurrently with the PAD Rezoning Ordinance and the
execution of this Restated Agreement (the “New Preliminary Master Plat”). Accordingly, the
Town and Adero have agreed to modify the Agreement to accommodate the changes consistent
with the new Preliminary Master Plat and Adero Canyon PAD. Adero shall also coordinate with
the City of Scottsdale regarding the abandonment and rededication of the bicycle path near Eagle
Ridge Drive.
I. Upon its approval and execution, this Restated Agreement shall be deemed to
replace and supersede the Agreement and the McDowell Preserve Settlement Agreement dated
June 27, 2001.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the
Developer Parties hereby agree as follows:
1. Lot Exchange.
1.1 Town Approvals. The Town shall approve a modification to the Eagles
Nest Final Plat without fees payable by MCO or Eagles Nest to the Town and without any
stipulations that are not already contained in the existing approved subdivision, such that the use
of Tract E shall be changed from fire station use to use as the New Eagles Nest Lot, and record
the amendment to the Eagles Nest Final Plat in the records of the Maricopa County Recorder’s
Office. MCO will prepare at its sole cost and submit to the Town the revised final plat for
Parcel 11 and other documentation necessary to effect this modification.
1.2 Benefits to New Eagles Nest Lot. All rights and benefits under the
Agreement and the guidelines, standards and agreements that govern the development of all
other single family residential lots in the Eagles Nest subdivision shall apply to the New Eagles
Nest Lot as though it was originally platted as a single family residential lot in the applicable
Eagles Nest Final Plat.
1.3 Driveway Locations. The driveway location for the New Eagles Nest Lot
shall be permitted in non-conformance with the Town’s “Driveway Policy” with respect to the
proximity to bridges. As was contemplated with the original fire station use, utility stub outs
were approved for this lot and are within 100 feet of a small bridge to the east, and a driveway
shall be permitted proximate to these utilities within the 100-foot restriction.
1.4 Conveyance of Property. Not later than 90 days after the Effective Date, the
Town shall convey the New Eagles Nest Lot to Eagles Nest and MCO shall convey the New Town
Lot to the Town. Each conveyance shall be free and clear of all monetary encumbrances placed
upon each lot by the Town or MCO, as applicable and otherwise subject to all matters filed of
record in Maricopa County, Arizona and as to the New Eagles Nest Lot, this Restated Agreement.
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Eagles Nest, MCO and the Town agree to cooperate reasonably to remove any other non-monetary
encumbrances on the New Town Lot and the New Eagles Nest Lot that would unreasonably impair
the use of such lot by the receiving Party provided neither Party shall be required to incur material
costs to remove such encumbrances.
2. Deed Restrictions Release. Not later than 30 days after the Effective Date, MCO
shall deliver to the Town a quitclaim deed suitable for recording and in the form attached hereto as
Exhibit D. It is the specific intent of the Parties that recording of the quitclaim deed and this
Restated Agreement shall eliminate all restrictions and reversionary interests included in (i) the
Warranty Deed dated December 13, 1979, recorded in the office of the Maricopa County Recorder
in Docket 14123, pages 1143 to 1146 and (ii) those provisions of the instrument dated April 16,
1979, and recorded in the Office of the Maricopa County Recorder in Docket 13650 at Pages 0769
to 0787 but only to the extent that they apply to the property at 11445 N. Saguaro Boulevard.
3. SRP Aesthetic Funds. Upon Adero’s request, the Town shall initiate a request
with Salt River Project for use of up to $500,000 of funds in the Town’s Aesthetic Fund account
to partially defray the cost of making aesthetic improvements to the 69kv electric line in Adero
Canyon (the “69kv Improvements”). In conjunction with the requests, Adero shall provide SRP
with the scope of work for the 69kv Improvements. The Parties agree that SRP will be solely
responsible for (i) completing design and cost estimates and (ii) determining what portion of the
69kv Improvements shall be eligible for funding. Adero agrees and understands that the Town’s
“balance” of Aesthetic Funds is set to be diminished by SRP on May 1, 2015 from the current
balance to $300,000. If Adero fails to both submit the request and accompanying documents to
SRP and meet SRP’s requirements with sufficient time to ensure that SRP approves the 69kv
Improvements and commits the funding by May 1, 2015, and the Town’s SRP Aesthetics Funds
are diminished to $300,000, the Town’s obligation to commit the entire $500,000 of funds to the
69kv Improvements shall be reduced to $300,000 with the remaining $200,000 conditioned upon
(i) permission by SRP for the Town to “borrow” $200,000 of future SRP Aesthetics Funds and
(ii) availability from SRP of the Aesthetics Funds. The Town agrees to maintain at least
$300,000 of Salt River Project Aesthetic Funds available for such purpose. The Town agrees to
use reasonable good faith efforts to maximize the SRP Aesthetic Funds to Adero (not to exceed
$500,000) including requesting to borrow funds in subsequent years if not available when first
requested. The Town’s obligation to maintain the balance in the Aesthetic Funds shall be
terminated upon the earlier to occur of completion of Phase 1a (as defined below) or January 1,
2018.
4. The Town Trailhead.
4.1 Trailhead Design. The Town intends to construct a trailhead near the
northern extent of Eagle Ridge Drive within the New Preserve Land (the “Trailhead”) to provide
improved access to a system of trails it has constructed on its land. The Town intends to construct
the Trailhead in accordance with the site plan attached hereto as Exhibit E. If the Town
determines, in its sole discretion, to materially modify the Trailhead from the site plan on
Exhibit E, it shall notify Adero not less than 30 days prior to such modifications and shall permit
Adero to comment on such changes. The Town’s changes to the Trailhead shall not impede the
emergency access for the Eagles Nest Property or the Adero Canyon Property.
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4.2 Deed Restrictions. Prior to the sale of those lots within Adero Canyon that
are located immediately adjacent to the Town’s McDowell Mountain Preserve, Adero shall record
restrictions against such lots, notifying the respective owners of such lots of the public trails
adjoining the lots. The Town acknowledges that such notification may be incorporated into the
declarations of reservations that Adero intends to record governing the development of the
Property (the “CC&Rs”).
4.3 Emergency Access. Exhibit F attached hereto depicts a portion of the New
Preserve Land commonly referred to as the “existing jeep trail” and referred to herein as the
“Emergency/Utility Access.” Notwithstanding the Town’s acquisition of the New Preserve Land,
the Town agrees that the Emergency/Utility Access shall be utilized for gated fire/emergency
vehicle access and utilities service for Eagles Nest and Adero Canyon on the terms provided
herein.
4.3.1 Necessary Easements. The Town acquired the New Preserve Land
subject to those rights and easements (but not fee title) in favor of MCO or its affiliate as are
reasonably necessary to construct, improve and use (on the terms set forth herein) an unpaved
emergency access roadway and construct, maintain and use underground utilities (including
customary above-ground appurtenances) within the corridor comprising the Emergency/Utility
Access.
4.3.2 Standards; Maintenance. The Emergency/Utility Access shall be no
wider than 20 feet wide (or such other less obtrusive configuration as may be allowed), and its
design shall (i) be exempt from Subdivision Ordinance road design criteria, (ii) be reasonably
acceptable to the Parties, (iii) allow its use for utilities service to serve the Property, and (iv) allow
concurrent use as a pedestrian/bicycle trail. The Emergency/Utility Access shall be completed by
Adero in conjunction with its completion of subdivision improvements for either the adjacent
Parcel 2 in Eagles Nest or the Temporary Roadway Segment described in Section 7 below.
Following improvement of the Emergency/Utility Access, Adero shall return its surface to as
natural a state as reasonably possible, including needed revegetation and natural color restoration
to minimize the appearance of previous disturbance as viewed from offsite. Following completion
of Adero’s work on the surface of the Emergency/Utility Access, the Town shall maintain the
Emergency/Utility Access area, which obligation shall be reflected in an easement instrument or
by reservation in the conveyance instrument.
4.3.3 Use of Access. The Emergency/Utility Access easement shall
additionally provide that the Emergency/Utility Access shall be used for vehicular traffic only for
utility, emergency vehicle, trail restoration/construction and McDowell Mountain Preserve
maintenance purposes and otherwise by private vehicles for emergency use only in cases where the
southern route to Adero Canyon is blocked or otherwise unusable or on other emergency situations
when reasonably necessary for purposes of public safety or to preserve private property.
4.3.4 Easement Form. The Emergency/Utility Access easement shall
contain such other provisions and shall be in such form as is reasonably acceptable to both the
Town and Adero.
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4.4 Utilities. When required to be constructed in accordance with this Restated
Agreement, permanent utilities in Eagle Ridge Drive shall extend to the property line shared
between the Adero Canyon Property and the New Preserve Land at the closest point to the
Trailhead.
4.4.1 Temporary Utilities. The Town and Adero agree that, due to the
allowance for phased construction of Eagle Ridge Drive, as set forth in Section 7 below, temporary
utilities will be necessary for operation of the Trailhead. Adero shall be responsible for the cost of
constructing (i) a “vault-and-haul” system for collecting wastewater generated from the restroom
facilities included on the site, (ii) a temporary water supply via a temporary tank and (iii) the use of
temporary solar power generating facilities sufficient to power the water fountains, gate, irrigation
and lights at the Trailhead (the vault-and-haul system, temporary water supply and temporary solar
facilities are referred to collectively as the “Temporary Utilities”). The Temporary Utilities are to
be constructed by Adero (according to plans reasonably approved by the Town and Adero) in
conjunction with construction of the Trailhead and completed no later than completion of the
Temporary Roadway Segment described in Section 7 below. If Adero fails to construct the
Temporary Utilities, which failure continues after notice and reasonable right to cure, the Town
may construct them and Adero shall promptly reimburse the Town for the actual out-of-pocket
costs incurred by the Town to design and construct those Temporary Utility Improvements. The
Town may at its option submit to Adero a proposed budget for the Town to construct the
Temporary Utility Improvements and if acceptable to Adero, the Town shall construct those
improvements and Adero shall reimburse the Town for the costs incurred by the Town, not to
exceed the amount approved by Adero in the budget submitted by the Town and approved by
Adero. Thereafter, the Town shall be solely responsible for the cost to maintain the Temporary
Facilities. In conjunction with the permanent roadway improvements described in Subsection
7.1.4, Adero shall connect the permanent utility service lines for the Trailhead for water, sewer and
grid power, if needed, to the permanent utility lines in Eagle Ridge Drive. This connection shall be
at the property line shared between the Adero Canyon Property and the New Preserve Land at the
closest point to the Trailhead.
4.4.2 Water Tank Site. Prior to approval of the New Final Master Plat,
the Town and Adero shall (i) agree upon a precise location for a water tank necessary to serve the
Adero Canyon Property, which water tank shall be located within the area generally depicted on
Exhibit G, and (ii) execute such agreements as appropriate to carry out the purpose and intent of
this Subsection.
5. Final Parcel Plats within Eagles Nest and Adero Canyon.
5.1 Revised Plats. The Parties agree and understand that Adero has submitted,
and the Town has approved, Final Parcel Plats for Adero Canyon, but that the Adero Canyon PAD
and other changes requested by Adero require that those plats be replaced. It is the Parties’ intent
that the subsequent New Final Master Plat will revoke any portions of the existing Final Master
Plat and the existing final parcel plats which are modified by the New Preliminary Master Plat in
Adero Canyon, but that the Parties will endeavor to preserve the revised standards included on
such final plats to the extent possible, as more fully described in Section 6 below. Adero will
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submit to the Town a Final Master Plat for Adero Canyon consistent with the New Preliminary
Master Plat. Unless otherwise provided herein, any references to the “Preliminary Plat” shall
mean the New Preliminary Master Plat. Any prior approvals unmodified herein under the
Original Agreement remain approved. The Final Master Plat shall show the easements necessary
to provide legal access between Hidden Hills, Scottsdale Mountain Estates and the Adero
Canyon Property.
5.2 Plat Review. The Town shall use its best efforts to promptly process and
approve the applications for preliminary plats and final parcel plats within Adero Canyon to
replace the plats revoked by the New Preliminary Master Plat, including improvement drawings
in connection therewith, as soon as reasonably possible following submittal of same by Adero.
5.3 Submittal Completeness. The Town shall use its customary past standards
in determining whether Adero’s final parcel plat applications are complete. The Town shall work
in good faith with Adero and notify Adero no more than 30 days after the Town’s receipt if it
deems any such application, or any submittal consisting of part of the application, to be
incomplete.
5.4 Private Access. In connection with its approval of final parcel plats within
Adero Canyon, the Town shall do both of the following, if requested by Adero:
5.4.1 Private Streets. Approve the private rights-of-way within Adero
Canyon as shown in the applicable preliminary parcel plat so long as the private rights-of-way are
constructed in general conformance with the Town’s public street standards, unless modified
herein (the Parties acknowledge that Eagle Ridge Drive as depicted on the New Preliminary
Master Plat and the subsequent final master plat for Adero Canyon shall be a public right-of-way).
5.4.2 Adero Canyon Gates. Approve gated entrances to such private
rights-of-way from Eagle Ridge Drive.
5.5 Adjacent Development Connections.
5.5.1 Hidden Hills Connection(s). One private street roadway shall
physically and legally allow emergency vehicle and public service vehicle access to/from The
Hidden Hills II (Scottsdale) subdivision. Public pedestrian and bicycle access to/from that
subdivision area shall be physically and legally allowed, either within that roadway right-of-way or
in a separate right-of-way or easement. Adero shall be solely responsible for coordinating with the
City of Scottsdale to address all matters necessary to cause relocation of the existing bicycle path
easement and for designing the pathway to the City of Scottsdale standards.
5.5.2 Scottsdale Mountain Estates Connection(s). One private street and
one emergency connection shall physically and legally allow access for the Scottsdale Mountain
Estates subdivision (which lies at the northeast corner of Section 18).
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6. Matters Relating to Development of Eagles Nest and Adero Canyon.
6.1 Zoning. The Official Zoning District Map of the Zoning Ordinance of the
Town of Fountain Hills (the “Zoning Ordinance”) provides that portions of the Property are
zoned R1-43, R1-35, R1-8, R1-6 and PAD (the “Zoning”).
6.1.1 Timing of Vesting. All zoning in Eagles Nest is vested. Zoning in
Adero Canyon outside the Adero Canyon PAD is vested. Upon completion of Phase 1a (as
defined below) of Eagle Ridge Drive and all related utilities, approximately 0.7 miles in length
completed to the entrance to Parcel 2, as described in the Adero Canyon PAD, all zoning in the
Adero Canyon PAD will be vested.
6.1.2 Vesting Defined. “Vested” means that the Town shall not, without
the applicable Developer Party’s (or its successor’s) written consent, (i) change the Zoning to
another zoning district or zoning classification, or (ii) amend a zoning classification or take any
other action in a manner which would apply to the Property, where any such change, amendment,
or action would reduce the density, permitted uses, or lot development standards provided for
hereunder or otherwise in effect as of the date hereof.
6.2 Density.
6.2.1 Approved Density. Adero and Eagles Nest shall be permitted to
develop, and the Town shall approve for development, final parcel plats and site plans for no more
than 588 lots/dwelling units within the Property, comprised of 245 single-family lots within Eagles
Nest and a total of 343 single-family lots, townhome dwelling units and multi-family/hotel units
within Adero Canyon.
6.2.2 Limited Collector Roadway. Without limiting the foregoing, the
Town Zoning Administrator has determined that the Emergency/Utility Access eliminates the
single entrance 90-lot limitation for Adero Canyon set forth in Subdivision Ordinance Section 3.05
(A)(3)(e). The inapplicability of the 90-lot limitation has been confirmed by the Town Council in
connection with its approval of the New Preliminary Master Plat, and shall be confirmed by the
Town Council in connection with its approval of final parcel plats for parcels within Adero
Canyon.
6.2.3 Permitted Modifications. Adero and Eagles Nest may increase the
number of single-family lots as set forth in the final parcel plats for one or more parcels or sub-
parcels comprising the Property, provided that the total number of all single-family lots for the
entire Property does not exceed 424, the Property remains in conformity with the Zoning, and any
such final parcel plat is materially consistent with the New Preliminary Master Plat and applicable
preliminary parcel plat.
6.2.4 Limitations Upon Re-Subdividing. The CC&Rs shall prohibit re-
subdivision of any lot or parcel comprising the Property, following recordation of the applicable
Final Parcel Plat, unless such re-subdivisions are lot-line readjustments, lot joins or other
subdivisions that do not result in the creation of more than the 424 single family lots as permitted
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in Section 6.2.3 (any such re-subdivision or lot line adjustment by a retail purchaser of a lot shall
not be permitted in order to create an additional lot), which shall be granted in the reasonable
discretion of the Town.
6.3 Subdivision Standards. The Town’s Subdivision Ordinance establishes the
standards for location and installation of infrastructure within the Property (the “Subdivision
Standards”). The Parties agree that certain variations from the Subdivision Standards are
appropriate for development within the Property, and that the Existing Final Master Plat and the
final parcel plat maps previously approved for Adero Canyon (collectively, the “Existing Plats”)
included a number of such variations. It is the Parties’ intent to preserve, to the extent possible, the
standards agreed to in conjunction with the Existing Plats. Accordingly, the Parties agree to the
following variations from the Subdivision Standards:
6.3.1 Cul-de-sac Streets. The Town agrees that the Cul-de-sac Standards
shall be modified in conjunction with its approval of the final parcel plats to allow development of
cul-de-sac streets within the Property no longer than 3000 feet, with no more than 25 lots. The
Developer Parties shall use good faith efforts to limit the cross-slope of cul-de-sac bulbs to 8%
where reasonably possible. Eagle Ridge Drive shall not be considered a cul-de-sac street for the
purposes of the Subdivision Ordinance.
6.3.2 Loop Roads. The Town agrees that the Subdivision Standards shall
be modified in conjunction with its approval of the final parcel plats to allow development of the
loops roads within the Adero Canyon portion of the Propert y substantially in accordance with the
standards approved on the Existing Plats.
6.3.3 Road Grades. The Town hereby approves road grades above 15%,
but no greater than 18%, for up to 400 feet within private hillside local roads within the Property,
and road grades above 15%, but no greater than 20%, for the Emergency/Utility Access and
utility access roads serving the Reservoir Sites (the “Mountain Road Grade Standards”). The
Town agrees that the applicable Subdivision Standards shall be modified in conjunction with its
approval of the final parcel plats to allow development of the Property, the Emergency/Utility
Access, and the utility access roads serving the Reservoir Sites in accordance with the Mountain
Road Grade Standards.
6.3.4 Retaining Walls. The Town hereby approves (i) retaining walls
with an average height of (a) six feet for cut slopes, without handrails and (b) eight feet for fill
slopes, without handrails, unless a sidewalk or pathway is within five feet of a fill retaining wall
or unless a roadway curb is within ten feet of a fill retaining wall, and (ii) that bridge and con
arch abutments, head walls and wing walls are not considered retaining walls (the “Mountain
Retaining Wall Standards”). The Town agrees that the applicable Subdivision Standards shall be
modified in conjunction with its approval of the final parcel plats to allow development of the
Property in accordance with the Mountain Retaining Wall Standards.
6.3.5 Roadway Design. The Town has approved the Existing Plats,
which provide for roadway design, including stopping distances and lines of sight, for certain
private hillside local roads, local roads, and collector roads within the Property, pursuant to local
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streets and road standards promulgated by the American Association of State Highway and
Transportation Officials in A Policy of Geometric Design of Highways and Streets 2001, Fourth
Edition (the “2001 AASHTO Standards”). The Parties agree that the 2001 AASHTO Standards
have subsequently been replaced with the current edition thereof, and that the Subdivision
Standards have been modified to address a number of the issues related to development in Adero
Canyon. The Parties agree that the applicable Subdivision Standards shall be modified in
conjunction with its approval of the final parcel plats to the extent necessary to meet the current
AASHTO Standards as of the date of this Restated Agreement, except as to Eagle Ridge Drive
which shall meet the then current AASHTO Standards at the time the design is submitted for
approval.
6.3.6 Lot Ratios; Depth. With respect to custom single-family lots, the
lot depth to width ratio shall not be restricted. For other than custom single-family lots, a lot
depth of less than 95 feet is permitted.
6.3.7 Roadway Cross Sections. The Town hereby approves the roadway
cross sections set forth on Exhibit H as alternatives to the applicable Subdivision Standards.
Roadway curbs may be rolled or 12”, 18” or 24” ribbon style on all public and private streets
except where rolled or vertical curbs are necessary for storm water management or public safety
as determined by an independent Professional Engineer and confirmed by the Town Engineer.
6.3.8 Roadway Minimum Horizontal Curve Length. The Town has
approved the Existing Plats including certain roadways with minimum horizontal curve lengths
less than the Subdivision Standards. The Town agrees that the Subdivision Standards shall be
modified in conjunction with its approval of the final parcel plats to allow development of the
Property substantially in accordance with the horizontal curve standards on the Existing Plats.
All Hillside Local roads may have a minimum horizontal curve length of 50 feet.
6.3.9 Sidewalks, Trails and Bicycle Paths. The Town agrees that the
Subdivision Standards shall be modified in conjunction with its approval of the New Preliminary
Master Plat and subsequent final plats to allow development of the Property with sidewalks on
one side of Local and Collector roads; provided, however, that nothing in this Restated
Agreement shall be deemed to modify the requirements that all sidewalks shall be constructed of
Class A concrete. All cul-de-sacs with ten or fewer units need not have a sidewalk. The
sidewalk for Eagle Ridge Drive, beginning at the southern entrance to Adero Canyon and
continuing to the Trailhead at the northern end of Adero Canyon, may be constructed as a
meandering, public-access trail separated from the paved roadway. Where necessary, the trail
may extend beyond the Eagle Ridge drive right-of-way; provided that Adero shall dedicate to the
Town a ten-foot right-of-way for this trail for all portions outside the Eagle Ridge Drive right-of-
way. The trail shall be within the Eagle Ridge Drive right-of-way at all road and wash crossings
unless otherwise approved by the Town. The trail shall (i) be six feet in width, (ii) be
constructed of class A concrete, which may be colored and textured to blend with the native
environment and (iii) be certified as meeting all requirements of the Americans With Disabilities
Act. A concrete-paved public bicycle path connection shall link the terminus points of two off-
site bicycle lanes, one in the Hidden Hills subdivision in Scottsdale and one terminating on Eagle
Ridge Drive at the southern entrance of Adero Canyon. Adero or a property owners’ association
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shall be solely responsible for any maintenance associated with sidewalks and bicycle paths on
private property. Adero or a property owners’ association shall also maintain the landscaping
along all sidewalks and bicycle paths and shall be responsible for bike path sweeping and other
basic upkeep. The Town shall be responsible for repairs to the surface of any sidewalks and
bicycle paths within public right-of-way dedicated to the Town.
6.3.10 Minor Collector Design. The Town hereby approves modifying
the Subdivision Standards for minor collector roads on the Property to permit a design speed of
25 miles per hour and a minimum radius of 250 feet.
6.3.11 Collector Road Improvements. Subject to the terms of Section
7.1.5, the Town hereby approves the elimination of turn pockets on Eagle Ridge Drive, except at
the locations as shown on the New Preliminary Master Plat approved contemporaneously with
this Restated Agreement.
6.4 Cuts and Fills.
6.4.1 Existing Waivers. Pursuant to the approval procedures set forth in
Section 5.03(D) of the Subdivision Ordinance, the Town Council has previously approved (Case
Numbers CFW2001-05 and CFW2001-06) those cut and fill waivers necessary to construct the
streets and roads and other subdivision improvements serving the Property according to the
Existing Plats (the “Existing Cut and Fill Waivers”). However, due to the changes necessary
because of the Adero Canyon PAD, the Existing Cut and Fill Waivers are now obsolete for that
area. The Parties hereby agree that (i) the cut and fill waivers shown on Exhibit I attached hereto
(the “New Cut and Fill Waivers”) substantially conform to the Existing Cut and Fill Waivers and
(ii) the New Cut and Fill Waivers hereby replace the Existing Cut and Fill Waivers.
6.4.2 Further Waivers. Any additional cut and fill waivers as may be
necessary for the development of residential structures on the Property shall be subject to the
approval procedure set forth in Section 5.03(D) of the Zoning Ordinance, as the standards for
granting such waivers have been implemented to date by the Town Council.
6.4.3 Mountain Cut Standards. The Town has previously approved the
Existing Plats, which, where permissible in the reasonable judgment of The Developer Party’s
independent soils engineer, provide for (i) cut slopes of up to four feet in height with completely
vertical inclination (without retaining wall), and (ii) exposed cut slopes equal to one foot horizontal
for every two feet vertical (for cut slopes up to six feet in height) (the “Mountain Cut Standards”).
Grading standards shall follow the standards previously approved on the original Adero Canyon
plats. Notwithstanding the foregoing, terraced retained slopes may be up to 3:1 for fill slopes and
2:1 for cut slopes between terraced retaining walls. Unretained slopes may exceed ten feet for cut
slopes so long as the natural material is stable and shall be as prescribed by the Town Engineer.
The Town agrees that the Subdivision Standards shall be modified in conjunction with its approval
of the final parcel plats to allow development of the Property in accordance with the Mountain Cut
Standards.
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6.5 Disturbance Allowance Procedures.
6.5.1 Standards. The Parties acknowledge that Subdivision Ordinance
Section 5.04 sets forth provisions allowing hillside disturbance within subdivisions, and except
as provided by the Disturbance Allowance Procedures (as defined below), shall apply to
development of the Property, including the penalties set forth therein for violation thereof.
6.5.2 Exempt Areas. The Town hereby approves development of the
Property with an average lot disturbance not to exceed 22,700 square feet per single-family lot
(the “Disturbance Allowance”), and a total allowable disturbance of 5,561,500 square feet for the
Eagles Nest Property (the “Eagles Nest Disturbance Allowance”) and 4,138,200 square feet for
the Adero Canyon Property (the “Adero Disturbance Allowance”), without cost to the Developer
Parties. All temporary and permanent subdivision improvements, including but not limited to all
road, utility line and water tank construction as well as the areas covered by driveways and
related vegetation as provided in section 6.5.5 are exempt (i.e. with respect to subdivision
infrastructure and other such areas, all necessary disturbance will be permitted without
disturbance penalty). Any disturbed areas for predevelopment investigations, testing, relocation
or recovery including, but not limited to, geotechnical, environmental, archaeological or power
line relocation work as well as any future or historic trails and roads used by hikers (including
temporary trails necessary for the safe passage of hikers during construction of Eagle Ridge
Drive), bicyclists, recreational vehicles or utility equipment shall not be counted towards the
total amount of hillside disturbance within the Property and, after revegetation with native plant
materials, shall be accepted by the Town as undisturbed hillside areas.
6.5.3 Disturbance Procedures. The Parties hereby adopt the following
procedures (the “Disturbance Allowance Procedures”) to implement the Disturbance Allowance
permitted for the Property:
(i) In order to allow for development of the Property with the
densities and intensities of uses as contemplated by this Restated Agreement the Adero
Disturbance Allowance shall be allocated by Adero among the single-family lots,
townhome lots, multi-family/hotel parcels and the sales/administration building parcel.
The total allowable area of a lot that may not be disturbed (the “Nondisturbance Area”)
shall be the total lot area, less the Disturbance Allowance for such lot plus any areas within
the lot anticipated to be exempt from the provisions of the Subdivision Ordinance Section
5.04. No Eagles Nest Disturbance Allowance shall be allocated within the Adero Canyon
Property, and no Adero Canyon Disturbance Allowance shall be allocated within the
Eagles Nest Property.
(ii) Prior to approval of each preliminary parcel plat within the
Adero Canyon Property, Adero shall provide the Town with the calculations showing that
each lot or parcel within such preliminary plat conforms with the applicable allocations of
Disturbance allowance. The calculated Disturbance Allowance and Nondisturbance Area
for each lot shall be set forth on a separate schedule submitted to the Town with the
applicable final plat (the “Disturbance Schedule”).
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(iii) In the event that the actual Disturbance Allowance within a
lot or parcel, as established by a site plan approved by the Town for that lot or parcel in
connection with building permit issuance is less that the Disturbance Allowance for such
lot or parcel set forth on the Disturbance Schedule, the unused Disturbance Allowance for
that lot or parcel may be allocated by Adero to other lots or parcels within the Adero
Canyon Property. In no event shall the Disturbance Allowance exceed 35,000 square feet
on any single family lot.
(iv) The Adero Disturbance Allowance may only be allocated
within the Adero Canyon Property. Any unused Disturbance Allowance remaining after
the final residential or hotel improvements are constructed on each lot shall be deemed
abandoned.
(v) All disturbance pursuant to this Restated Agreement on a lot
within the Property shall be the total allocated Disturbance Allowance for such lot. The
property owner of each lot shall, concurrently with the issuance of the building permit for
the construction of a single-family residence on such lot, record a Hillside Protection
Easement in the form set forth on Exhibit J hereof. Such Hillside Protection Easement
shall cover all portions of such lot outside of its allocated Disturbance Allowance area as
finally configured, and which are not exempt from the provisions of Subdivision Ordinance
Section 5.04.
6.5.4 Rounding of Cuts. “Rounding” or feathering the edges of cut
banks adjacent to roadways, at the points where such slopes meet the natural grade, shall not be
considered disturbance pursuant to the Subdivision Ordinance, and therefore shall not be
deducted from the Disturbance Allowance for the Property.
6.5.5 Vegetation. Driveways up to 20 feet in width and the areas in which
drought tolerant plantings on the front entrance areas to those 20 foot wide driveway corridors
shall not be deemed disturbance of such areas hereunder and such areas shall not be deducted from
the Disturbance Allowance for the applicable lot; provided that the ground work associated with
the plantings on the front entrance areas to those driveways is minimized to the extent reasonably
possible, and prior Town administrative approval is obtained for such work.
6.6 Subdivision Ordinance Section 5.04(E) Approval.
6.6.1 Disturbance Buffers. The Parties acknowledge that (i) Section
5.04(E) of the Subdivision Ordinance provides for fencing (as set forth in Subdivision Ordinance
Section 5.04(E)(1)), or disturbance buffers (as set forth in Subdivision Ordinance Section
5.04(E)(2)), in order to protect “an area at least equal to the hillside protection requirements of
the lot, parcel or tract,” and (ii) Subdivision Ordinance Section 5.04(B) provides that
“[d]isturbance within street rights-of-way shall be exempted from the horizontal hillside
disturbance limitations of this ordinance.”
6.6.2 Exempt Areas. The Town agrees that Subdivision Ordinance
Section 5.04(E) is not applicable to development of the street rights-of-way, utility corridors
2112643.24
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outside of street rights-of-way, and other areas disturbed in connection with the installation of
subdivision improvements for the Property.
6.6.3 Alternative Marking For Rights-of-Way. The Town acknowledges
that the street rights-of-way disturbance in connection with development of the Property is
exempt from the disturbance buffers and fencing provisions of Subdivision Ordinance Section
5.04(E) and accordingly in compliance with said section. Notwithstanding the foregoing,
disturbance corridors shall be delineated with iron stakes and ropes, which shall be maintained in
place during the period of construction of the applicable street right-of-way.
6.7 Driveway Locations. The Town agrees that, to the extent consistent with
the driveway requirements in the Town’s adopted Fire Code, it shall not withhold approval of the
final parcel plats based on non-conformance with the driveway restrictions set forth in Section
7.03(A) of the Town Zoning Ordinance, as amended; provided, however, that any such non-
conforming driveways shall be located as permitted by the Town Engineer in his reasonable
discretion, including at locations within 100 feet of a bridge or major drainage structure.
Notwithstanding the foregoing, there shall be no shared driveways and no driveway easements
across one lot for the benefit of another lot on any single family residential lot; each single
family residential lot shall have direct access through its own street frontage.
6.8 Sanitary Sewer. The sanitary sewer system for the Property will be
designed per the specifications of the Fountain Hills Sanitary District and subject to approval by
the Fountain Hills Sanitary District and the Town.
6.9 Water. The water systems for the Property shall be designed to
specifications established by EPCOR and subject to approval by the Town relating to fire flow
demand.
6.10 Miscellaneous Engineering Matters. The Town hereby approves (i)
private roadways using CMP pipe to carry street flows; (ii) warranty curb replacement at five
foot intervals; (iii) roadways with drop manholes, and (iv) other minor variations from Town
staff policy, as set forth in this Restated Agreement (the “Miscellaneous Matters”). The Town
Engineer shall approve development within the Property pursuant to the Miscellaneous Matters.
Minor draws and drainage channels that do not require US Army Corps of Engineers permits
may be modified or relocated so long as downstream drainage flows are not materially impacted.
Facilities for the collection of water shall be designed so as to retain safely and adequately the
maximum expected storm water runoff volume equal to the difference between the
predevelopment condition and the post development condition for a 100-year storm event.
Detention basins shall be sized for specific drainage requirements for Adero Canyon. Detention
basins need not be oversized, and no land area will be required to be set aside for additional uses
6.11 Sale Limited to Improved Lots. Adero agrees that it shall not intentionally
pay any tax pursuant to Section 8A-416(a) of the Town’s Tax Code, as amended, if it does not
believe at the time it is paid that such amount is owed.
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7. Additional Adero Obligations.
7.1 Eagle Ridge Drive. The Parties acknowledge that Eagle Ridge Drive as
located on the Existing Plats (as subsequently amended) shall remain a public roadway. The
Town agrees there shall not be a public transit route allowed on Eagle Ridge Drive. Adero shall
construct Eagle Ridge Drive pursuant to a combination of Limited Collector and Minor Collector
standards (from Palisades Boulevard to the Parcel 2 Entrance (defined below), as shown on the
New Preliminary Master Plat) and Local Road Standards (from the Parcel 2 Entrance to the
Trailhead), with a sidewalk on one side or a meandering trail as described in paragraph 6.3.9 and
bicycle lanes on each side (for the Collector section) within the right-of-way for Eagle Ridge
Drive. For the side of the roadway that contains both the sidewalk and a bicycle lane, the
sidewalk shall be constructed of concrete and not less than six feet wide.
7.1.1 Timing of Construction; Phasing. Adero shall pave Eagle Ridge
Drive and complete all appurtenant infrastructure and utility improvements related thereto, but may
do so in two phases. The portion of Eagle Ridge Drive beginning at the southern entrance to
Adero Canyon and ending at the entrance to “Parcel 2,” as shown on the New Preliminary Plat (the
“Parcel 2 Entrance”) shall be fully constructed, with all utilities and appurtenant infrastructure,
prior to issuance of the first certificate of occupancy for any residential building in Adero Canyon.
The portion of Eagle Ridge Drive beginning at the Parcel 2 Entrance and continuing to the
Trailhead shall also be constructed, as a temporary roadway, prior to issuance of the first certificate
of occupancy for any residential building in Adero Canyon. The portion of Eagle Ridge Drive
north of the Parcel 2 Entrance constructed as a temporary roadway shall be (i) fully graded to the
approximate final subgrade elevations as provided in grading plans reasonably approved by the
Town, (ii) compacted to the standards set forth in the Town’s Fire Code and (iii) covered with a
dust controlled, all weather, aggregate surface with adequate drainage, erosion control fall
protection, roadway shoulders/side slopes and safety features as reasonably deemed appropriate by
the Town Engineer (the “Temporary Roadway Segment”).
7.1.2 Maintenance of Temporary Roadway Segment. Adero shall be
solely responsible for maintaining and repairing the Temporary Roadway Segment until it is
replaced with the permanent road and utility improvements.
7.1.3 Access to Trailhead. Access to the Trailhead prior to completion of
the permanent road over the Temporary Roadway Segment shall be provided as follows:
(i) The Town may construct a foot path from the current
pavement edge of Eagle Ridge Drive to the Trailhead location (the “Temporary Foot
Path”). The Temporary Foot Path shall be designed by the Town and reasonably approved
by Adero to ensure that its construction and use is compatible with Adero’s planned
construction of Eagle Ridge Drive. Adero agrees that the Temporary Foot Path will be
open and accessible to the public until such time as Adero has commenced construction on
Eagle Ridge Drive pursuant to a permit issued by the Town.
(ii) Access by the Town to the Trailhead for the purpose of
constructing or maintaining the Trailhead will be provided without interruption after
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completion of the construction of Eagle Ridge Drive. The Town and Adero shall use
reasonable efforts to coordinate construction schedules of the Trailhead and Eagle Ridge
Drive prior to the Town bidding the Trailhead construction project and shall arrive at a
reasonable schedule that accommodates both projects being completed in a timely manner,
including a reasonable number of days allocated to delays caused by temporary closures as
described below (the “Coordination Schedule”). During the construction of Eagle Ridge
Drive the Town shall have access for constructing and maintaining the Trailhead according
to the Coordination Schedule and at all times when, in the reasonable judgment of Adero,
the use of such areas would not unreasonably interfere with Adero’s construction activities
and use of such area would allow for safe access; provided, however, that if the Town has
commenced construction of the Trailhead and Adero determines that a temporary
restriction to the Town’s construction access is necessary to prevent an unreasonably
dangerous condition, Adero may, after reasonable notice to the Town, cause such
temporary closures as necessary so long as the Coordination Schedule is not unreasonably
compromised. If Adero reasonably determines not to provide such access for the reasons
above, Adero shall cause the Eagles Nest Property Owners Association to permit access
through Eagles Nest to access the emergency road connection to Adero Canyon
(“Alternative Access”) for purpose of emergency response, potable water delivery,
maintenance, security and sewage removal (“Alternate Access Uses”). If (A) the
Alternative Access is not usable by the vehicle necessary to perform the potable water
delivery, maintenance, security or sewage removal task and (B) Eagle Ridge Drive has
been closed by Adero according to this Subsection for a period of more than 60 days, then
Adero shall be responsible for either performing the task itself at no cost to the Town or
making such other accommodations as necessary to allow the vehicle to access the
Trailhead.
(iii) Public access will be provided following the Town’s
approval of construction of the completed Eagle Ridge Drive segment up to the Parcel 2
Entrance and the Temporary Roadway Segment; provided, however, that during
construction of the permanent road improvements to replace the Temporary Roadway
Segment, Adero may restrict public access during the time periods when, in the reasonable
judgment of Adero, public access cannot be safely permitted or would unreasonably
interfere with Adero’s construction activities. At times when such public access is
restricted, pedestrian/bicycle public access will be provided along the meandering public
access sidewalk/trail described in Subsection 6.3.9 to the Trailhead subject to prohibition of
use of such trail at such times when in the reasonable judgment of Adero, the use of such
areas would not allow for safe public access. To accommodate this, the Town
acknowledges that temporary rerouting of this trail may be necessary during construction,
which temporary routes will be of a natural surface. During this period, Adero shall
provide for (i) signage and barricading to clearly indicate road closure and the alternate
access to the Trailhead and (ii) temporary parking along Eagle Ridge Drive for the number
of cars that can reasonably be accommodated in that area, allowing for safe ingress and
egress, as well as the passage of construction equipment. Any disturbance required to
provide such temporary parking shall not count toward the Disturbance Allowance.
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7.1.4 Permanent Roadway. Adero shall replace the Temporary Roadway
Segment with permanent road improvements prior to issuance of the first building permit for
construction of a Dwelling Unit within any lot or parcel in any part of Adero Canyon other than the
Adero Canyon PAD area and “Parcel 1.” In the event that a certificate of occupancy has not been
requested and approved, in accordance with the Town’s adopted building codes, for a dwelling unit
in the Adero Canyon PAD area (not including the Sales Office) by December 31, 2020, unless
such date is extended due to a Force Majeure, the Temporary Roadway Segment phasing option
described above shall be revoked and MCO shall thereafter be required to construct the entirety of
Eagle Ridge Drive prior to issuance of the first certificate of occupancy for any dwelling unit in
Adero Canyon, as previously required by the Agreement. Any delay or failure in the performance
by any Party hereunder shall be excused if and to the extent caused by the occurrence of a Force
Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not
reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force
Majeure including, without limitation, hard dig and blasting not identified in an independent
geotechnical report, referendum, lawsuits, construction delays not due to Adero’s actions, acts of
God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident,
restraint of government, governmental acts, injunctions, labor strikes that prevent the furnishing of
materials or equipment, and other like events that are beyond the reasonable anticipation and
control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid,
delay, or mitigate the effect of such acts, events or occurrences. Each Party shall notify the other
not later than 30 days following the date on which such Party has knowledge of the Force Majeure
event. If such notice is not provided within that 30-day period, the applicable extension shall be
reduced by the time period commencing after such 30-day notice period has expired, until such
notice is given. Each party shall update the other as to the status of the continuance of such Force
Majeure.
7.1.5 Eagle Ridge Drive/Palisades Boulevard Improvements. MCO
previously paid the Town for its share of the traffic signal to be constructed by the Town at Eagle
Ridge Drive and Palisades Boulevard and all associated turn lanes. Adero shall have no further
obligations with respect to the intersection improvements.
7.2 Wildlife Sensitivity. Adero shall construct wildlife sensitive crossings
within the Property. The Town agrees that MCO may meet this obligation by utilizing bridges,
con-arch structures and/or large box culverts, subject to Town approval, so long as designs
incorporate concrete bottoms or sandy bottoms with rip rap under the sand and along the sides as
necessary for adequate erosion control.
7.3 Utility Location. The Developer Parties shall use good faith efforts to
avoid locating wet utilities (i.e., water, sewer, and natural gas) within unfilled wash areas within
the Property. In connection therewith Developer Parties shall be permitted to suspend wet utility
lines below the Bridges, if applicable.
7.4 Custom Signage and Landscaping. Adero shall submit a sign plan to the
Town for approval. A property owners’ association shall be responsible for the maintenance of
any custom signage and landscaping along all rights-of-way including the public right-of-way for
Eagle Ridge Drive. Custom signage for vehicular control shall convey the basic principles that
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govern design in accordance with the most current edition of the Manual on Uniform Traffic
Control Devices.
8. Town Regulation of Development.
8.1 Applicable Rules. The rules, regulations and official policies of the Town
applicable to and governing the development of Adero Canyon shall be those rules, regulations,
and official policies which were existing and in force for the Town as of January 1, 2014. The
Town shall not impose or enact any additional conditions, zoning exactions, dedications, rules,
regulations, or official policies applicable to or governing the development of the Property
except for any of the following:
8.1.1 Consistent Modifications. Future land use rules, regulations and
official policies of the Town that are consistent with and not contrary to the Preliminary Plats, the
Final Master Plats, and the Final Parcel Plats and that do not: (i) decrease the development
potential of the Property; (ii) require any additional infrastructure improvements or dedications in
connection with the development of the Property; (iii) limit or adversely affect the rate, timing or
sequencing of development of the Property; or (iv) limit or adversely affect the uses, number and
density of lots or dwelling units or intensity of development of the Property.
8.1.2 Regulatory Compliance. Future land-use rules, regulations and
official policies of the Town enacted as necessary to comply with state and federal laws and
regulations, provided that in the event any such state or federal laws or regulations prevent or
preclude compliance with this Restated Agreement, such affected provisions of this Restated
Agreement shall be modified as may be necessary (and only to the extent required) in order to
comply with such state and federal laws and regulations.
8.1.3 Fees and Charges. Future imposition of taxes or filing or review
fees, development fees, or modifications thereto, so long as such taxes or fees are imposed or
charged by the Town to all similarly situated persons and entities. Notwithstanding the foregoing,
in no event shall Adero be required to pay any type fees that did not exist in the Town’s rules and
regulations in 2000.
8.1.4 Model Homes. The Town shall allow the construction of up to five
model homes in each parcel before substantial completion of roads and utilities so long as operable
fire hydrants and all-weather fire access are in place to serve the fire protection needs (i.e. adequate
pressure and volume) for the homes. Certificates of Occupancy for these homes shall not be issued
until finished roadways (subject only to paving of the “final lift”) are complete and potable water,
sewer and electrical power services are operational to the homes and approved by the Town for
use.
8.1.5. Parking. On-street parking on private streets shall be permitted on
the non-sidewalk side of streets only, so long as a 20-foot driveable area remains in the right-of-
way for passage of emergency vehicles.
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To the extent that any new or amended rules, regulations, or official policies of the Town not
specifically enumerated in this Section 8.1 above conflict with the Preliminary Plats, the Final
Master Plats, the Final Parcel Plats, or this Restated Agreement, then the Preliminary Plats, the
Final Master Plats, the Final Parcel Plats and this Restated Agreement as applicable, shall control.
8.2 Moratorium. The Town may enact any moratorium, ordinance, resolution
or other land-use rule or regulation or limitation on the rate, timing or sequencing of the
development of the Property that applies equally to all vacant residential lots in Fountain Hills,
and is otherwise permitted pursuant to ARIZ. REV. STAT. § 9-463.06 in effect as of the date
hereof.
8.3 Utilities. The Developer Parties acknowledge that the Town, at the date of
execution of this Restated Agreement, provides no municipal utility services (except fire service,
if applicable) and the Town has no control over the provision of such services by other entities
and makes no representations with respect to the availability of such services provided by other
entities. Notwithstanding the foregoing, the Town agrees that in the event it provides municipal
utility services in the future, the Town (i) shall make such services available to the Property on
the same terms of availability as are applicable to other real property served by the Town, (ii)
shall continue to provide such services as reasonably required in connection with development
and use of the Property, and (iii) shall not adopt policies and procedures with respect to the
provision of such services which would delay development of the Property.
8.4 Review Fees. The Town shall waive all construction permit (but not plan
check) fees for subdivisions for the Property for Eagles Nest and Adero. If expedited review of
any plans is requested by Adero, upon receipt of such a request, the Town shall discuss the
request with Adero and Town staff to determine who the Town will retain as its outside
consultant to complete the expedited review. Once the Parties reasonably agree on (i) the
applicable time frame for review, (ii) the applicable outside consultant, and (iii) the consultant’s
total fees, Adero will be responsible to promptly pay the Town’s actual cost related to
outsourcing as such costs are billed to the Town. The Town shall complete the review process as
outlined above in a timely manner. If the Town needs or desires technical expertise beyond its
internal expertise for items for which fees are payable by Adero, the Town may engage such
experts as it deems necessary according to the process above and all costs of such experts shall
be the responsibility of Adero. Adero shall also pay within 30 days after execution of this
Agreement by all parties, $30,000 to defray a portion of the Town’s reasonable attorney’s fees
incurred in drafting, revising and negotiating this Restated Agreement.
9. Cooperation and Alternative Dispute Resolution.
9.1 Representatives. To further the commitment of the Parties to cooperate in
the implementation of this Restated Agreement, upon the request of any Developer Party or the
Town, the Town and the applicable Developer Party shall each designate and appoint a
representative to act respectively on behalf of the Town and its various departments and the
applicable Developer Party, except as otherwise provided in this Restated Agreement or by law.
The initial representative for the Town shall be the Town Attorney, and the initial representative
for the applicable Developer Parties shall be its General Counsel, or other party, as identified by
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the applicable Developer Party from time to time. The representatives shall be available at all
reasonable times to discuss and review the performance of the Parties to this Restated
Agreement, and shall cooperate in order to facilitate any third party action needed to complete
the actions contemplated by this Restated Agreement.
9.2 Impasse Procedure. If an impasse or dispute arises out of or relates to this
Restated Agreement, or the breach thereof, including without limitation the submittal, its
interpretation or intent, or processing and approval of the Final Parcel Plats, the Parties agree to
first try in good faith to settle the dispute by negotiation. In the event of any such negotiation,
the Parties shall personally meet in an effort to resolve such dispute within twenty (20) days of
written request to do so by either the Town or the applicable Developer Party.
9.3 Default; Cure. Upon a failure or unreasonable delay by any Party to
perform or otherwise act in accordance with any term or provision of this Restated Agreement,
and failure of the procedures set forth in Sections 9.1 and 9.2 above, the other Party may give
written notice of default specifying the nature of the failure or delay and the manner in which it
may be satisfactorily cured, if possible. In the event such failure or delay is not cured within
30 days after notice of nonperformance is given by the non-defaulting Party, such Party will be
in default. In the event of such default, the non-defaulting Party may seek as its remedy, either
the damages reasonably related to the breach or specific performance. If the nature of the
defaulting Party’s nonperformance is such that it cannot reasonably be cured within 30 days,
then the defaulting Party will have such additional periods of time as may be reasonably
necessary under the circumstances, provided the defaulting Party promptly (i) provides written
notice to the non-defaulting Party and (ii) commences to cure its nonperformance and thereafter
diligently continues to completion the cure of its nonperformance. In no event shall any such
cure period exceed 90 days.
10. Notices. Any notice required or permitted to be given under this Restated
Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the
Party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return
receipt requested, to the address set forth below or (iii) given to a recognized and reputable
overnight delivery service, to the address set forth below:
Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Kenneth W. Buchanan, Town Manager
With a copy to: GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire
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Developer Parties: MCO Properties Inc.
13620 S. Saguaro, Suite 200
Fountain Hills, Arizona 85268
Attn: Jeremy Hall
With a copy to: MCO Properties Inc.
1330 Post Oak Boulevard, Suite 2000
Houston, Texas 77056
Attn: David Suson
or at such other address, and to the attention of such other person or officer, as any Party may
designate in writing by notice duly given pursuant to this Subsection. Notices shall be deemed
received (i) when delivered to the Party in person or by facsimile, (ii) three business days after
being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following
business day after being given to a recognized overnight delivery service, with the person giving
the notice paying all required charges and instructing the delivery service to deliver on the
following business day. If a copy of a notice is also given to a Party’s counsel or other recipient,
the provisions above governing the date on which a notice is deemed to have been received by a
Party shall mean and refer to the date on which the Party, and not its counsel or other recipient to
which a copy of the notice may be sent, is deemed to have received the notice.
11. General Provisions.
11.1 Waiver. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver by the Town or a Developer Party of the breach of any covenant
of this Restated Agreement shall be construed as a waiver of any preceding or succeeding breach
of the same or any other covenant or condition of this Restated Agreement.
11.2 Headings. The descriptive headings of the sections and paragraphs of this
Restated Agreement are inserted for convenience only and shall not control or affect the meaning
or construction of any of the provisions hereof.
11.3 Exhibits. 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.
11.4 Further Acts. Each of the Parties hereto shall execute, acknowledge and
deliver all such documents, instruments, stipulations and affidavits and perform all such acts as
reasonably necessary, from time to time, to carry out the matters contemplated by this Restated
Agreement. Without limiting the generality of the foregoing, the Town shall timely cooperate
and process promptly any requests and applications for any necessary approvals relating to the
development of the Property by a Developer Party and its successors and assigns, or otherwise
provided for hereunder. The Town’s cooperation, processing and approvals of matters with
respect to the Property shall not be withheld or delayed so as to unreasonably impede
development of the Property.
2112643.24
22
11.5 Successors and Assigns. All of the provisions hereof shall inure to the
benefit of and be binding upon the successors and assigns of the Parties hereto.
11.6 Third Parties. No term or provision of this Restated 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 or cause
of action hereunder.
11.7 Entire Agreement. This Restated Agreement constitutes the entire
agreement between the Parties hereto pertaining to the subject matter hereof. All prior and
contemporaneous agreements, representations and understandings of the Parties, oral or written,
are hereby superseded and merged herein.
11.8 Amendments. No change or addition shall be made to this Restated
Agreement except by a written amendment executed by the Parties hereto. Except as otherwise
provided herein, any such amendment shall be adopted as required by law.
11.9 Good Standing; Authority. Each of the Parties respectively represents and
warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona,
with respect to MCO, or a municipal corporation within the State of Arizona, with respect to the
Town, (ii) that it is respectively a Delaware limited partnership duly qualified to do business in
the State of Arizona or an Arizona municipal corporation and is in good standing under the
applicable state laws, and (iii) that the individual(s) executing this Restated Agreement on behalf
of the respective Parties is authorized and empowered to bind the Party on whose behalf each
such individual is signing and that all necessary corporate, Town Council or other approvals or
consents necessary to the effectiveness of this Restated Agreement have been granted or
obtained.
11.10 Legality. The Town hereby represents that:
11.10.1. Valid Approval. The Town has complied or shall timely
comply with all applicable laws and has taken or shall take all necessary steps, including
without limitation, the holding of all required public hearings, to enter into this Restated
Agreement and obligate the Town hereunder; and
11.10.2. Valid Authority. The Town has the authority to enter into
this Restated Agreement and comply with its requirements.
11.11 Severability. If any provision of this Restated Agreement is declared void
or unenforceable, such provision shall be severed from this Restated Agreement, which shall
otherwise remain in full force and effect and this Restated Agreement shall be deemed reformed
to replace the void or unenforceable provision with a valid and enforceable provision as similar
as possible in effect to the void or unenforceable provision. The Parties shall meet and confer as
soon as practicable for the purpose of drafting, in good faith, the substitute provision. If an
applicable law or court of competent jurisdiction prohibits or excuses the Town from
undertaking any contractual commitment to perform an act hereunder, this Restated Agreement
2112643.24
23
shall remain in full force and effect, but the provision requiring such action shall be deemed to
permit the Town to take such action at its discretion.
11.12 Termination Upon Sale of Lots. This Restated Agreement shall
automatically terminate as to any Lot (defined below), without the necessity of any notice,
agreement or recording by or between the Parties, anytime the required certificates of occupancy
are issued by the appropriate Town official for all buildings on a Lot. A “Lot” (collectively
“Lots”) shall be any part of the Property, including common areas, that is identified in a recorded
residential subdivision plat or site plan that has received final approval from the Town. This
Restated Agreement shall automatically terminate as to any part of the Property that is dedicated
by deed, map of dedication or otherwise for public or governmental facilities and uses. Nothing
contained in this Section 11.12 shall affect any obligation, tax, charge, assessment, encumbrance
or other lien imposed on any Lot by the Town, a community facilities district or any other special
taxing district.
11.13 Governing Law. This Restated Agreement is entered into in Arizona and
shall be construed and interpreted under the internal laws of Arizona, without reference to
conflict of laws principles, and suit pertaining to this Restated Agreement may be brought only
in courts in Maricopa County, Arizona.
11.14 Notice of ARIZ. REV. STAT. §38-511. The Town hereby notifies the
Developer Parties of the provisions of ARIZ. REV. STAT. §38-511 (Cancellation of political
subdivision and state contracts; definition), which provides, inter alia, that the state, its political
subdivisions or any department or agency of either may, within three years after its execution,
cancel any contract, without penalty or further obligation, made by the state, its political
subdivisions, or any of the departments or agencies of either if any person significantly involved
in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its
political subdivisions or any of the departments or agencies of either is, at any time while the
contract or any extension of the contract is in effect, an employee or agent of any other party to
the contract in any capacity or a consultant to any other party of the contract with respect to the
subject matter of the contract. The Parties acknowledge that no person significantly involved in
initiating negotiating, securing, drafting or creating this Restated Agreement on behalf of the
Town either is an employee or agent of the Developer Parties, in any capacity, or a consultant to
the Developer Parties with respect to the subject matter of this Restated Agreement.
11.15 Time of Essence. Time is of the essence of this Restated Agreement and
each provision hereof.
11.16 Counterparts. This Restated Agreement may be signed in counterparts,
and the fully executed counterparts shall together constitute a single original Agreement.
11.17 Attorneys Fees. If either Party hereto shall bring suit against the other as a
result of any alleged breach or failure by the other Party to perform any obligations under this
Restated Agreement or in any exhibit or other document delivered pursuant hereto, or shall seek
declaratory relief with respect to any provision hereof, then in such event, the prevailing Party in
such action shall, in addition to any other relief granted or awarded by the court, be entitled to
2112643.24
24
judgment for reasonable attorneys’ fees and expert witness expenses incurred by reason of such
action and all costs of suit and those incurred in preparation thereof at both trial and appellate
levels.
11.18 Counterparts. This Restated Agreement may be executed in counterparts,
all of which together shall be deemed to constitute one instrument, and each of which shall be
deemed an original. In addition, the Parties acknowledge and agree that facsimile or scanned
and electronically transmitted signatures shall be deemed valid and binding, and thereafter, upon
request of either Party, each Party agrees to deliver original signed copies of this Restated
Agreement to the other Party.
11.19 Non-Default. By executing this Restated Agreement, all parties
affirmatively assert that (i) the other parties are not currently in default, nor have been in default
at any time prior to this Restated Agreement that has not been cured, under any of the terms or
conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the
Agreement and existing on or before the date of this Restated Agreement are forever waived.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF,the Parties hereto have executed this Restated Agreement as
of the date and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Kenneth W.Buchanan,Town Manager
ATTEST:
Bevelyn J. BjaldciyTown Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA )
On 3l , 2014, before me personally appeared Kenneth W. Buchanan,
the Town ManageV of the TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation,
whose identity was proven to me on the basis of satisfactory evidence to be the person who he
claims to be, and acknowledged that he signed the above document.
X hj>.(ueuffc.^
Notary Public
^ICEE BAXTER"
Dscamter 0,2016
2112643.24
CONTINUE ON FOLLOWING PAGE]
25
MCO"
MCO Properties Inc., a Delaware
corporation,successor-in-interest to
By:MCO Properties L.P.,d/b/a
MCO Properties Limited Partnership
a Delaware limited partnership
Jeremy Hall,President
(ACKNOWLEDGMENT)
STATE OF AkZ-orv<^
) ss.
COUNTY OF ptflunUsflrt.)
On
of MCO PROPER
_j , 2014, before me personally appeared Jeremy Hall, President
IES INC., a Delaware corporation,as successor-in-interest to MCO
Properties L.P., d/b/a MCO Properties Limited Partnership,a Delaware limited partnership,
whose identity was proven to me on the basis of satisfactory evidence to be the person who he
claims to be, and acknowledged that he signed the above document,on behalf of the corporation.
AJUWuv^I-
Notary Public
(Affix notary seal here)
2112643.24
WU_
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
CASSANDRA B.HANSEN
Notary Public -Arizona
Maricopa County
My Comm Expires Jan 20.2017
26
"EAGLES NEST"
EN LLC,d/b/a
EN at Fountain Hills LLC,a
Delaware limited liability company
Jeremy Hall,President
On
STATE OF QE2 ^ h £
COUNTY OF LjVh lAPtsf
6u.
EN LLC, d/b/a EN at Fountain Hills LLC, a Delaware limited partnership,whose identity was
proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document,on behalf of the partnership.
(KAAjb-tf>--0>A-c
Notary Public
(Affix notary seal here)
(ACKNOWLEDGMENT)
) ss.
,2014,before me personally appeared Jeremy Hall,President of
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
2112643.24
CASSANDRA B.HANSEN
Notary Public - Arizona
Maricopa County
MyComm. Expires Jan 20. 2017
27
"ADERO"
Adero Canyon LLC, a Delaware
limited liability company
Jeremy Hall,President
(ACKNOWLEDGMENT)
STATE OF Vi z^n^.J
) ss.
COUNTY OF W (A\p <L.j>p^)
On (|m3-of ADERO CANYON LLC,a Delaware limited liability company,whose identity was proven to
me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged
that he signed the above document,on behalf of the company.
7
oJbu-*-Jju^
Notary Public
(Affix notary seal here)
2112643.24
,2014,before me personally appeared Jeremy Hall,President
CASSANDRAB.HANSEN
Notary Public - Arizona
Maricopa County
My Comm.Expires Jan 20. 2017
28
2112643.24
29
EXHIBIT A-1
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Legal Description – Eagle Ridge North Property]
See following pages.
WHEN RECORDED, MAIL TO:
0 FICIAL RECOR S OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
2002-0187417 02/25/02 13:53
1 0 F 1
MORRISON-MAIERLE, INC.
120 NORTH 44TH STREET, SUITE 410
PHOENIX, AZ 85034-1822
(602) 244-9662
ATTN: MICHAEL N. MYER, R.L.S.
CERTIFICATE OF CORRECTION
TO
THE FINAL PLAT OF
EAGLE RIDGE NORTH
PORTIONS OF SECTIONS 7, 8 AND 17, TOWNSHIP 3 NORTH, RANGE 6 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF FOUNTAIN HILLS,
MARICOPA COUNTY, ARIZONA,
AS RECORDED IN BOOK 580 OF MAPS, PAGE 26, MARICOPA COUNTY RECORDS.
THE ABOVE REFERENCED PLAT IS HEREBY CORRECTED AS FOLLOWS:
CORRECTING THE FOLLOWING COURSES ALONG THE MOST SOUTHERLY BOUNDARY LINE
OF SAID SUBDIVISION, BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 9 AND
TRAVERSING CLOCKWISE ALONG SAID SOUTHERLY BOUNDARY LINE TO THE
NORTHWEST CORNER OF SAID SECTION 17. THE LEGAL DESCRIPTION COURSES ON SHEET
1 OF 10, AND THE MAPS ON SHEETS 3 AND 5 OF I 0 ARE BEING CORRECTED AS SHOWN
BELOW;
THE EXISTING COURSE OF S. 44°54'11" W., A DISTANCE OF 555.86 FEET SHOULD BE
CORRECTED TO:
S. 44°54'11" W., A DISTANCE OF 567.98 FEET.
THE EXISTING COURSE OF S. 11°56'14" E., A DISTANCE OF 525.84 FEET SHOULD BE
CORRECTED TO:
S. 36°01 '16" E., A DISTANCE OF 13.63 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 935.00 FEET; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°38'53" AN ARC LENGTH OF 10.58
FEET; THENCE DEPARTING RADIALLY TO SAID CURVE, S. 54°37'37" W., A DISTANCE OF
70.00 FEET TO A POINT ON A CURVE CONCENTRIC WITH AFORESAID CURVE AND HAVING
A RADIUS OF 865.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 28°28'23" AN ARC LENGTH OF 429.86 FEET; THENCE S. 06°54 '00" E., A
DISTANCE OF 48.00 FEET.
THE EXISTING COURSE OF N. 39°14'11" W., A DISTANCE OF 181.96 FEET SHOULD BE
CORRECTED TO:
N. 39°14'11" W., A DISTANCE OF 180.33 FEET.
Page I of3
H:\PROJ\8294002\DOCS\CERT -CORR.doc
OU!lLEHI
20020187417
THE FOLLOWING TWO EXISTING COURSES ARE TO REMAIN UNCHANGED:
N. 80°32'07" W., A DISTANCE OF 970.18 FEET
AND
N. 55°38'30" W., A DISTANCE OF 763.68 FEET.
THE EXISTING COURSE OF S. 15°23'20" W., A DISTANCE OF 994.72 FEET SHOULD BE
CORRECTED TO:
S. 32°56'26" W., 487.75 FEET.
THE FINAL EXISTING COURSE OF N. 00°07'50" W., A DISTANCE OF 2638.91 FEET TO THE
NORTHWEST CORNER OF SAID SECTION 17 SHOULD BE CORRECTED TO:
N. 00°07'50" W., A DISTANCE OF 2089.19 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 17.
THE AFFECTED PARCEL AREAS SHOWN ON SHEET 2 OF I 0 ARE TO BE CORRECTED TO:
PARCEL I EXISTING AREA OF I, !15,855 SQUARE FEET/25.62 ACRES SHOULD BE CORRECTED
TO:
1,042,884 SQUARE FEET/23.94 ACRES.
RIGHT OF WAY EXISTING AREA OF 566,362 SQUARE FEET/13.00 ACRES SHOULD BE
CORRECTED TO:
559,921 SQUARE FEET/12.85 ACRES.
TOTAL EXISTING AREA OF 18,783,045 SQUARE FEET/431.20 ACRES SHOULD BE CORRECTED
TO:
18,703,633 SQUARE FEET/429.38 ACRES.
NOTES:
1.) SEE ATTACHED "EXHIBIT A" FOR A GRAPHIC DEPICTION OF THE
ABOVE DESCRIBED CORRECTIONS AND "EXHIBIT B" FOR THE
CORRECTED OVERALL LEGAL DESCRIPTION FOR "EAGLE RIDGE
NORTH" SUBDIVISION.
2.) THE ABOVE DESCRIBED CORRECTIONS HAVE BEEN REVIEWED AND
ACCEPTED BY THE TOWN ENGINEER OF FOUNTAIN HILLS AND THE
OWNER OF DESCRIBED LAND, M.C.O. PROPERTIES L.P.
3.) SAID CORRECTIONS AND LEGAL DESCRIPTION ARE TO BE
INTEGRATED WITH THE RECORDED PLAT OF "EAGLE RIDGE NORTH"
AS SHOWN IN BOOK 580, PAGE 26, MARICOPA COUNTY RECORDS.
Page 2 of3
H :\PROJ\8294002\DOCS\CER T -CORR.doc
'''":;
20020187417
I, MICHAEL N. MYER, A REGISTERED LAND SURVEYOR IN THE STATE OF ARIZONA, DO
HEREBY CERTIFY THAT I HAVE INSPECTED THE FINAL PLAT DESCRIBED HEREIN AND
HAVE DETERMINED THAT THIS CERTIFICATE OF CORRECTION IS CORRECT AND
ACCURATE.
Page 3 of3
H•IPROJ\8294002\DOCSICERT-CORR.doc
,, .. ,],
·····:\
NW COR SECTION 17
T. 3 N., R. 6 E.,
G. & S. R. B. & M.,
FD. GLO BRASS CAP
GRAPHIC SCALE
20020187417
\
\
\
\
CORRECTED
100 0 50 100 200
BOUNDARY LINE
\ C1 L~-•::.•••::...1~~~ -~!
( IN FEET )
EXISTING
BOUNDARY LINES
pg:
0
;.;:: LINE BEARING
"N IN L1 S44'54'11"W
LINE TABLE
~'-j;!! L2 S36"01'16"E <J) (/)
1 J; L3 S54"37'37"W
L4 S06"54'00"E
I W 1/4 COR SECTION 17
T. 3 N., R. 6 E.,
G. & S. R. B. & M.,
1. FD. GLO BRASS CAP
__@_70.18'
NBo·3iQ7,
EXISTING W
BOUNDARY LINES
TO REMAIN UNCHANGED
DISTANCE
12.12'
13.63'
70.00'
48.00'
H: \PROJ\8294002\Dwg\Svy\Eagle Ridge North\BDY-ADJ.dwg
FOR: EXHIBIT A SCALE: 1" = 1 00'
SHEET: 1 OF: 1
MORRISON DRAWING: BDY-ADJ CERTFICA TE OF CORRECTION
PROJECT: 8294002 EAGLE RIDGE NORTH MAIERLE,INC. DRAWN: MNM BOOK 580, PAGE 26, M.C.R.
an Arizona Corporation CHECKED: JGS FOUNTAIN HILLS, AZ
20020187417
EXHIBIT B
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTION 7, 8 AND 17, TOWNSHIP 3 NORTH,
RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7;
THENCE SOUTH 89 DEGREES 57 MINUTES 26 SECONDS WEST, A DISTANCE OF 1009.06 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 04 SECONDS EAST, A DISTANCE OF 1964.34 FEET,
THENCE SOUTH 30 DEGREES 59 MINUTES 00 SECONDS EAST, A DISTANCE OF 127.88 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE SOUTH 30 DEGREES 59 MINUTES 00 SECONDS EAST, A DISTANCE OF 1736.11 FEET;
THENCE SOUTH 58 DEGREES 17 MINUTES 01 SECONDS EAST, A DISTANCE OF 4704.22 FEET;
THENCE SOUTH 43 DEGREES 25 MINUTES 10 SECONDS WEST, A DISTANCE OF 557.22 FEET;
THENCE NORTH 84 DEGREES 33 MINUTES 11 SECONDS WEST, A DISTANCE OF 1004.50 FEET;
THENCE NORTH 64 DEGREES 24 MINUTES 58 SECONDS WEST, A DISTANCE OF 1155.81 FEET;
THENCE SOUTH 28 DEGREES 54 MINUTES 30 SECONDS WEST, A DISTANCE OF 205.00 FEET;
THENCE SOUTH 43 DEGREES 06 MINUTES 08 SECONDS WEST, A DISTANCE OF 120.82 FEET;
THENCE NORTH 86 DEGREES 55 MINUTES 29 SECONDS EAST, A DISTANCE OF 154.35 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 500.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 59 DEGREES 48 MINUTES 50 SECONDS, A DISTANCE OF 521.97 FEET TO A POINT
OF TANGENCY;
THENCE SOUTH 33 DEGREES 15 MINUTES 41 SECONDS EAST, A DISTANCE OF 458.83 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 500.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 11 DEGREES 52 MINUTES 12 SECONDS, A DISTANCE OF 103.59 FEET TO A POINT
OF NON-TANGENCY;
THENCE SOUTH 44 DEGREES 54 MINUTES 11 SECONDS WEST, A DISTANCE OF 567.98 FEET
TO A POINT ON THE EXISTING NORTHEASTERLY RIGHT OF WAY LINE FOR EAGLE RIDGE
DRIVE AS SHOWN ON THE "MAP OF DEDICATION" RECORDED IN BOOK 465, PAGE 16,
MARICOPA COUNTY RECORDS, COMMON WITH THE MOST WESTERLY CORNER OF
"COPPERWYND-FOUNTAIN HILLS" RECORDED IN BOOK 460, PAGE 08, MARICOPA COUNTY
RECORDS;
THENCE SOUTH 36 DEGREES 01 MINUTES 16 SECONDS EAST, ALONG SAID EXISTING
NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 13.63 FEET TO THE BEGINNING OF
A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 935.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID EXISTING CURVED RIGHT OF WAY LINE,
THROUGH A CENTRAL ANGLE OF 00 DEGREES 38 MINUTES 53 SECONDS AN ARC LENGTH
OF 10.58 FEET;
THENCE DEPARTING RADIAL TO SAID CURVE, SOUTH 54 DEGREES 37 MINUTES
37 SECONDS WEST, A DISTANCE OF 70.00 FEET TO A POINT ON THE EXISTING CURVED
SOUTHWESTERLY RIGHT OF WAY LINE FOR EAGLE RIDGE DRIVE CONCENTRIC WITH SAID
EXISTING CURVED NORTHEASTERLY RIGHT OF WAY LINE AND HAVING A RADIUS OF
865.00 FEET;
Page 1 of 4
ll•\PROJ\8294002\DOCS\ERN-BDY.doc
··•·1.
:i
20020187417
THENCE SOUTHEASTERLY ALONG SAID EXISTING CURVED RIGHT OF WAY LINE
THROUGH A CENTRAL ANGLE OF 28 DEGREES 28 MINUTES 23 SECONDS AN ARC LENGTH
OF 429.86 FEET;
THENCE CONTINUING ALONG SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE
SOUTH 06 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE OF 48.00 FEET; ,
THENCE DEPARTING SAID EXISTING SOUTHWESTERLY RIGHT OF WAY LINE FOR EAGLE
RIDGE DRIVE, NORTH 39 DEGREES 14 MINUTES 11 SECONDS WEST, A DISTANCE OF 180.33
FEET;
THENCE NORTH 80 DEGREES 32 MINUTES 07 SECONDS WEST, A DISTANCE OF 970.18 FEET;
THENCE NORTH 55 DEGREES 38 MINUTES 30 SECONDS WEST, A DISTANCE OF 763.68 FEET;
THENCE SOUTH 32 DEGREES 56 MINUTES 26 SECONDS WEST, A DISTANCE OF 487.75 FEET
TO A POINT ON THE WEST LINE OF SAID SECTION 17;
THENCE NORTH 00 DEGREES 07 MINUTES 50 SECONDS WEST, ALONG THE WEST LINE OF
SAID SECTION 17, A DISTANCE OF 2089.19 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 17;
THENCE SOUTH 89 DEGREES 53 MINUTES 25 SECONDS WEST, A DISTANCE OF 649.62 FEET;
THENCE NORTH 46 DEGREES 02 MINUTES 47 SECONDS WEST, A DlST ANCE OF 305.98 FEET;
THENCE SOUTH 79 DEGREES 07 MINUTES 35 SECONDS WEST, A DISTANCE OF 180.24 FEET;
THENCE NORTH 38 DEGREES 49 MINUTES 47 DEGREES WEST, A DISTANCE OF 52.63 FEET;
THENCE NORTH 22 DEGREES 00 MINUTES 21 SECONDS EAST, A DISTANCE OF 208.17 FEET;
THENCE NORTH 06 DEGREES 10 MINUTES 13 SECONDS WEST, A DISTANCE OF 111.65 FEET;
THENCE NORTH 62 DEGREES 22 MINUTES 57 SECONDS WEST, A DISTANCE OF 170.42 FEET;
THENCE SOUTH 46 DEGREES 19 MINUTES 28 SECONDS WEST, A DISTANCE OF 489.45 FEET;
THENCE NORTH 48 DEGREES 27 MINUTES 06 SECONDS WEST, A DISTANCE OF 223.14 FEET;
THENCE NORTH 22 DEGREES 32 MINUTES 07 SECONDS WEST, A DISTANCE OF 260.92 FEET;
THENCE NORTH 59 DEGREES 25 MINUTES 15 SECONDS WEST, A DISTANCE OF 306.65 FEET;
THENCE NORTH 85 DEGREES 22 MINUTES 48 SECONDS WEST, A DISTANCE OF 99.32 FEET;
THENCE SOUTH 22 DEGREES 01 MINUTES 23 SECONDS WEST, A DISTANCE OF 288.02 FEET;
THENCE NORTH 86 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 113.38 FEET;
THENCE NORTH 60 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANCE OF 676.46 FEET;
THENCE NORTH 38 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 190.00 FEET;
THENCE NORTH 47 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 1075.00 FEET;
THENCE SOUTH 85 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 340.00 FEET;
THENCE NORTH 15 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 210.00 FEET;
THENCE NORTH 43 DEGREES 40 MINUTES 00 SECONDS WEST, A DISTANCE OF 410.00 FEET;
THENCE NORTH 07 DEGREES 11 MINUTES 39 SECONDS WEST, A DISTANCE OF 429.43 FEET;
THENCE NORTH 18 DEGREES 08 MINUTES 06 SECONDS EAST, A DISTANCE OF 302.00 FEET;
THENCE SOUTH 75 DEGREES OJ MINUTES 55 SECONDS EAST, A DISTANCE OF 402.66 FEET;
THENCE NORTH 53 DEGREES 50 MINUTES 54 SECONDS EAST, A DISTANCE OF 271.22 FEET;
THENCE NORTH 22 DEGREES 06 MINUTES 56 SECONDS WEST, A DISTANCE OF 270.93 FEET;
THENCE NORTH 82 DEGREES 23 MINUTES 06 SECONDS WEST, A DISTANCE OF 718.98 FEET;
THENCE NORTH 03 DEGREES 06 MINUTES 15 SECONDS WEST, A DISTANCE OF 234.93 FEET
TO A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, TO
WHICH A RADIAL LINE BEARS NORTH 03 DEGREES 06 MINUTES IS SECONDS WEST, SAID
CURVE HAVING A RADIUS OF 40.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
241 DEGREES 26 MINUTES 20 SECONDS, A DISTANCE OF 168.56 FEET TO A POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
50.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 49 DEGREES 36 MINUTES 42 SECONDS, A DISTANCE OF 43.29 FEET TO A POINT
OF TANGENCY;
THENCE SOUTH 81 DEGREES 16 MINUTES 37 SECONDS EAST, A DISTANCE OF 74.85 FEET TO
A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A
RADIUS OF 180.00 FEET;
Page 2 of4
H:IPROJ\8294002\DOCSIERN·BDY.doc
20020187417
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35
DEGREES 02 MINUTES 53 SECONDS, A DISTANCE OF 110.11 FEET TO A POINT ON A NON-
TANGENT LINE;
THENCE NORTH 24 DEGREES 24 MINUTES 05 SECONDS WEST, A DISTANCE OF 263.43 FEET;
THENCE NORTH 60 DEGREES 05 MINUTES 20 SECONDS EAST, A DISTANCE OF 119.65 FEET;
THENCE SOUTH 59 DEGREES 10 MINUTES 00 SECONDS EAST, A DISTANCE OF 140.64 FEET;
THENCE SOUTH 26 DEGREES 05 MINUTES 37 SECONDS EAST, A DISTANCE OF 157.37 FEET;
THENCE NORTH 79 DEGREES 33 MINUTES 28 SECONDS EAST, A DISTANCE OF 23.39 FEET TO
A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 190.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 25 DEGREES 11 MINUTES 05 SECONDS, A DlSTANCE OF 83.52 FEET TO
A POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A
RADIUS OF 180.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24
DEGREES 23 MINUTES 35 SECONDS, A DISTANCE OF 76.63 FEET TO A POINT OF TANGENCY;
THENCE NORTH 80 DEGREES 20 MINUTES 58 SECONDS EAST, A DISTANCE OF 25.25 FEET;
THENCE NORTH 09 DEGREES 39 MINUTES 02 SECONDS WEST, A DISTANCE OF 37.22 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A
RADIUS OF 430.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
25 DEGREES 05 MINUTES 43 SECONDS, A DISTANCE OF 188.34 FEET TO A POINT ON A NON-
TAN GENT LINE;
THENCE NORTH 62 DEGREES 36 MINUTES 57 SECONDS EAST, A DISTANCE OF 405.10 FEET;
THENCE SOUTH 53 DEGREES 45 MINUTES 01 SECONDS EAST, A DISTANCE OF 542.54 FEET;
THENCE SOUTH 66 DEGREES 08 MINUTES 45 SECONDS EAST, A DISTANCE OF 497.09 FEET;
THENCE SOUTH 51 DEGREES 09 MINUTES 44 SECONDS EAST, A DISTANCE OF 419.71 FEET;
THENCE SOUTH 46 DEGREES 40 MINUTES 41 SECONDS EAST, A DISTANCE OF 251.52 FEET;
THENCE NORTH 46 DEGREES 06 MINUTES 32 SECONDS EAST, A DISTANCE OF 69.23 FEET TO
A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING
A RADIUS OF 40.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
35 DEGREES 39 MINUTES 33 SECONDS, A DISTANCE OF 24.89 FEET TO A POINT ON A
REVERSE CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 40.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 251
DEGREES 19 MINUTES 06 SECONDS, A DISTANCE OF 175.45 FEET TO A POINT ON A REVERSE
CURVE, CONCAVE TO THE SOUTH, AND HAVING A RADIUS OF 40.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 35 DEGREES 39 MINUTES 33 SECONDS, A DISTANCE OF 24.89 FEET TO A POINT
OF TANGENCY;
THENCE SOUTH 46 DEGREES 06 MINUTES 32 SECONDS WEST, A DISTANCE OF 252.63 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST, AND
HAVING A RADIUS OF 375.00 FEET;
THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 06 DEGREES 16 MINUTES 28 SECONDS, A DISTANCE OF 41.07 FEET TO A POINT
ON A NON-TANGENT LINE;
THENCE SOUTH 36 DEGREES 31 MINUTES 11 SECONDS EAST, A DISTANCE OF 119.42 FEET;
THENCE NORTH 58 DEGREES 32 MINUTES 12 SECONDS EAST, A DISTANCE OF 396.00 FEET;
THENCE NORTH 84 DEGREES 44 MINUTES 21 SECONDS EAST, A DISTANCE OF 146.14 FEET;
THENCE NORTH 44 DEGREES 03 MINUTES 01 SECONDS EAST, A DISTANCE OF 265.40 FEET;
THENCE SOUTH 75 DEGREES 45 MINUTES 17 DEGREES EAST, A DISTANCE OF 73.67 FEET;
THENCE SOUTH 52 DEGREES 48 MINUTES 24 SECONDS EAST, A DISTANCE OF 227.70 FEET;
THENCE SOUTH 66 DEGREES 02 MINUTES 43 SECONDS EAST, A DISTANCE OF 267.88 FEET;
THENCE NORTH 59 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 394.36 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
Page 3 of 4
H:\PROJ\8294002\DOCS\ERN-BDY.doc
..
/''r,,.'l
1::;;,'r ;:::;
20020187417
EXCEPTING THEREFROM THE CHAPARRAL CITY WATER COMPANY RESERVOIR SITE #6
PER DOC. #96-0426325. (107,036 SQUARE FEET/2.46 ACRES MORE OR LESS).
THE ABOVE DESCRIBED PARCEL CONTAINS 18,703,633 SQUARE FEET OR 429.38 ACRES
MORE OR LESS.
Page 4 of4
H :\PROJ\8294002\DOCS\E RN ·B DY .doc
...... I,
2112643.24
30
EXHIBIT A-2
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Map – Eagle Ridge North Property]
See following pages.
2112643.24
31
EXHIBIT B-1
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Legal Description – Eagles Nest Property]
See following pages.
--------------------------------------------------------------------------------
t! COR
MARICOPA COUNTY R CORDER
..•. , . ~E{...EN PURCELL 2002-0$2~617 06/19/02 14:19
WHEN RECORDED, MAIL TO:
MORRISON-MAIERLE, INC.
120 NORTH 44TH STREET, SUITE 410
PIIOE~.~ 85034-1822
(602) 244-9662
ATTN: MICHAELN. MYER, R.L.S.
------~--~ ____ 1 __ _Q_F 1
CERTIFICATE QF CORRECTION
TO
THE FINAL PLAT OF
EAGLES NEST
PORTIONS OF SECTIONS 5, 6, 7 AND 8, TOWNSHIP 3 NORm, RANGE 6 EAST OF
1HE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF FOUNTAIN HlLLS,
MARl COP A COUNTY, ARIZONA,
AS RECORDED IN BOOK 580 OF MAPS, PAGE 25, MARICOPA COUNTY RECORDS.
THE ABOVE REFERENCED PLAT IS IIEREBY CORRECTED AS FOLLOWS:
CORRECTING THE EASTERLY BOUNDARY LINE OF SAID SUBDMSION ON SHEETS 1, 2, 5
"-----/ AND 9 AS FOLLOWS:
SHEETl OF9
CORRECTIONS TO 'IHE FOLLOW'rnG ITEMS IN THE LEGAL DESCRIPTION:
i. THE EXISTING COURSE OF "THENCE SOUTII, A DISTANCE OF 1124.36 FEET;"
CONTAINED WITHlN TilE LEGAL DESCRIPTION
SHOULD BE CORRECTED TO:
THENCE S. 51°04'20"W., A DISTANCE OF 139.38 FEET;
THENCE S. 15°09'27" W., A DISTANCE OF 262.00 FEET;
THENCE S. 65°06'46" E., A DISTANCE OF 195.05 FEET;
THENCE SOUTH, A DISTANCE OF 701.81 FEET;
RE~ESR
2. THE LAST SENTENCE CONTA.mED WI'l1!m THE LEGAL DESCRlPTION "mE ABOVE
DESCRIBED PARCEL CONTAINS 21,149,662 SQUARE FEET OR 485.53 ACRES MORE OR
LESS."
SHOULD BE CORRECTED TO:
THE ABOVE DESCR1BED PARCEL CO NT AlliS 21,101,569 SQUARE FEET OR 484.42
ACRES MORE OR LESS.
Page I of3
H:\PROJ\8294002\Dwg\Svy\Eagles Nest\DOCS\CERT -CORRdoc
RECEIVED
JUL 0 3 Z002
20020624617
SHEET 2 OF 9
CORRECTlONS TO THE "PARCEL AREAS" TABLE:
1. THE EXISTING AREA FOR PARCEL 8 OF "2,371,582 SQUARE FEET OR 54.44 ACRES"
SHOULD BE CORRECTED TO:
2,323,489 SQUARE FEET OR 53.34 ACRES.
2. THE TOTAL AREA OF "21,149,662 SQUARE FEET OR 485.53 ACRES"
SHOULD BE CORRECTED TO:
21,101,569 SQUARE FEET OR 484.42 ACRES"
SHEET 5 OF 9
THE MOST NORTHERLY DIMENSION ALONG THE EASTERLY BOUNDARY LINE OF
"S. 00°00'00" E., 1124.36' "
SHOULD BE CORRECTED TO: Unofficial Document
S. 00°00'00" E., 701.81'
SHEET90F 9
REFER TO "EXH!BIT A" FOR THE GRAPHIC CORRECTIONS THAT OCCUR ON THIS
SHEET.
THE COURSE DESIGNATED ALONG TTIE EASTERLY BOUNDARY LINE OF
"S. 00°00'00" E., 1124.36'"
SHOULD BE CORRECTED TO:
(BEGINNING AT THE NORTIIWEST CORNER Or LOT 34 OF FOUNTAIN HILLS PLAT NO.
506-C, AS RECORDED IN BOOK 159, PAGE 31, M.C.R.);
THENCE S. 51°04 '20" W., 139.38';
THENCE S. 15°09'27" W., 262.00';
THENCE S. 65°06'46" E., 195.05';
THENCE S. 00°00'00" E., 701.81'
l'ag~ 2 o!"3
ll:\i'RO.I\H2'J4002\Dwg\Svy\J.:agles N~st\110( :s\< "I '.RT-C"ORltdoe
,., •. d
NOTES:
20020624617
1.) SEE ATTACHED "EXHU3IT A" FOR A GRAPHIC DEPICTION OF THE
ABOVE DESCRIBED CORRECTIONS AND "EXHIBIT B" FOR THE
CORRECTED OVERALL LEGAL DESCRIPTION FOR "EAGLES NEST"
SUBDIVISlON.
2.) THE ABOVE DESCRIBED CORRECTIONS HAVE BEEN REVIEWED AND
ACCEPTED BY THE TOWN ENGTNEER OF FOUNTAIN HILLS AND THE
OWNER OF DESCRIBED LAND, M.C.O. PROPERTIES L.P.
3.) SAID CORRECTIONS AND LEGAL DESCRIPTION ARE TO BE
INTEGRATED WITH THE RECORDED PLAT OF "EAGLES NEST" AS
SHOWN IN BOOK 580, PAGE 25, MARICOPA COUNTY RECORDS.
I, MICHAEL N. MYER, A REGISTERED LAND SURVEYOR IN THE STATE OF ARIZONA, DO
HEREBY CERTIFY THAT I HAVE INSPECTED THE FINAL PLAT DESCRIBED HEREIN AND
HAVE DETERMINED THAT THIS CERTIFICATE OF CORRECTION IS CORRECT AND
ACCURATE.
Unofficial Document
Page 3 o!' .l
11:\I'R< lJ\X2'!4002\Dwg\Svy\Faglcs Nest\! lOC'S\< :1 '.In-<:( lRR.doc
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20020624617
N 90°00'00" W ---------
-POINT OF BEGINNING
PER DOC #88-374550
AND DOC #2001-0220823
1270.42'
FOR EXCEPTION (APN 176-21-4 71 C)
w z
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/
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SCALE: 1" = 1 00'
SHEET: 1 OF: 1 EXH/81 A
MORRISON DRAWING: CERT-CORR CERTIFICATE OF CORRECTION
PROJECT: 8.340004.042 EAGLES NEST SUBDIVISION
0 MAIERLE,INC. f--DR_AW_N: _M_NM ___ --1 BOOK 580, PAGE 25, MC.R.
cr an Arizona Corporation CHECKED JGS FOUNTAIN HILLS, AZ ~.L----------------------L----~~--------J-------------------~--------~
I
20020624617
EXHIBIT R
LEGAL DESCRlPTION
A PORTION OF LAND SITUATED IN SECTIONS 5, 6, 7 AND 8, TOWNSHIP 3 NORTH, RANGE 6 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6;
THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 1273.31 FEET TO THE POINT
OF BEGINNING;
THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 1325.65 FEET TO
THE NORTH QUARTER CORNER OF SAID SECTION 6;
THENCE NORTH 89 DEGREES 51 MINUTES 32 SECONDS EAST, A DISTANCE OF 2634.94 FEET TO THE
NORTHEAST CORNER OF SAID SECTION 6 AND THE NORTHWEST CORNER OF SAID SECTION 5;
THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 2634.77 FEET TO THE NORTH
QUARTER CORNER OF SAID SECTION 5; unofficialoocument
THENCE SOUTH, A DISTANCE OF 584.50 FEET;
THENCE SOUTH 55 DEGREES 45 MINUTES 56 SECONDS WEST, A DISTANCE OF 150.08 FEET;
THENCE SOUTH 34 DEGREES 34 MINUTES 06 SECONDS WEST, A DISTANCE OF 46.27 FEET;
THENCE SOUTH 11 DEGREES 10 MINUTES 06 SECONDS EAST, A DISTANCE OF 35.00 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, WHOSE RADIUS BEARS NORTH 11
DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 45.00 FEET;
THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 DEGREES 56
MINUTES 33 SECONDS, A DISTANCE OF 30.59 FEET TO A POINT OF REVERSE CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO THE EAST, WHOSE RADIUS BEARS SOUTH 27 DEGREES 46 MINUTES 33
SECONDS WEST, A DISTANCE OF 45.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 257 DEGREES 53
MINUTES 06 SECONDS, A DISTANCE OF 202.54 FEET TO A POINT OF REVERSE CURVATURE OF A NON-
TANGENT CURVE CONCAVE TO THE SOUTH, WHOSE RADIUS BEARS SOUTH 50 DEGREES 06 MINUTES 33
SECONDS EAST, A DISTANCE OF 45.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 DEGREES
56 MINUTES 36 SECONDS, A DISTANCE OF 30.59 FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 11 DEGREES 09 MINUTES 59 SECONDS EAST, A DISTANCE OF 325.00 FEET;
THENCE NORTH 73 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 575.00 FEET;
Page 1 of 4
II:\PRO.I\X294002\1 hvg\Svy\l'.aglcs Ncst\ll(l( 'S\OVERi\ I L IJ ll .. doc
20020624617
THENCE WEST, A DISTANCE OF 1270.42 FEET;
THENCE SOUTH 51 DEGREES 04 MINUTES 20 SECONDS WEST, A DISTANCE OF 139.38 FEET;
THENCE SOUTH 15 DEGREES 09 MINUTES 27 SECONDS WEST, A DISTANCE OF 262.00 FEET;
THENCE SOUTH 65 DEGREES 06 MINUTES 46 SECONDS EAST, A DISTANCE OF 195.05 FEET;
THENCE SOUTH, A DISTANCE OF 701.81 FEET;
THENCE SOUTH 77 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF 48.05 FEET;
THENCE SOUTH 16 DEGREES 00 MINUTES 05 SECONDS WEST, A DISTANCE OF 25.39 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, WHOSE RADIUS BEARS SOUTH 12
DEGREES 02 MINUTES 48 SECONDS WEST, A DISTANCE OF 45.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180 DEGREES 09
MINUTES 31 SECONDS, A DISTANCE OF 141.50 FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 23 DEGREES 08 MINUTES 34 SECONDS WEST, A DISTANCE OF 171.33 FEET;
THENCE SOUTH 67 DEGREES 58 MINUTES 37 SECONDS EAST, A DISTANCE OF 151.02 FEET;
THENCE SOUTH, A DISTANCE OF 533.47 FEET;
THENCE SOUTH 57 DEGREES 39 MINUTES 16 SECONDS EAST, A DISTANCE OF 496.97 FEET;
THENCE SOUTH 73 DEGREES 05 MINUTES 23 SECe'l~'fj~''DR'.::.T, A DISTANCE OF 268.02 FEET;
THENCE SOUTH 73 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 191.96 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 225.00 FEET
AND A RADIAL BEARING OF NORTH 16 DEGREES 55 MINUTES 39 SECONDS EAST;
THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 DEGREES 19
MINUTES 00 SECONDS, A DISTANCE OF 83.71 FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 04 DEGREES 23 MINUTES 56 SECONDS EAST, A DISTANCE OF 316.95 FEET;
THENCE SOUTH 84 DEGREES 19 MINUTES 52 SECONDS EAST, A DISTANCE OF 82.43 FEET;
THENCE SOUTH 73 DEGREES 50 MINUTES 04 SECONDS EAST, A DlSTANCE OF 180.00 FEET;
THENCE SOUTH 64 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF 245.00 FEET;
THENCE SOUTH 52 DEGREES 58 MINUTES 37 SECONDS EAST, A DISTANCE OF 601.07 FEET;
THENCE NORTH 76 DEGREES 10 MINUTES 00 SECONDS EAST, A DISTANCE OF 202.19 FEET;
THENCE NORTH 86 DEGREES 28 MINUTES 59 SECONDS EAST, A DISTANCE OF 185.07 FEET;
THENCE SOUTH 85 DEGREES 24 MINUTES 43 SECONDS EAST, A DISTANCE OF 153.05 FEET;
THENCE SOUTH 68 DEGREES 18 MINUTES 34 SECONDS EAST, A DISTANCE OF 94.81 FEET;
THENCE NORTH 51 DEGREES 34 MINUTES 02 SECONDS EAST, A DISTANCE OF 139.72 FEET;
Page 2 of4
11:\PRO.I\8294002\Dwg\Svy\1 ;aglcs Ncst\DO< :s\OVI;Ri\1.1. 1.< ll .. doc
20020624617
THENCE SOUTH 43 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 71.26 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO TilE NORTHEAST, HAVING A RADIUS OF 442.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 DEGREES
16 MINUTES 34 SECONDS, A DISTANCE OF 25.27 FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 43 DEGREES 41 MINUTES 32 SECONDS WEST, A DISTANCE OF 79.61 FEET TO THE POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 520.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES
53 MINUTES 41 SECONDS, A DISTANCE OF 71.65 FEET TO A POINT OF NON-TANGENCY;
THENCE SOUTH 72 DEGREES 31 MINUTES 35 SECONDS WEST, A DISTANCE OF 237.85 FEET;
THENCE NORTH 82 DEGREES 11 MINUTES 43 SECONDS WEST, A DISTANCE OF 263.93 FEET;
THENCE SOUTH 76 DEGREES 20 MINUTES 55 SECONDS WEST, A DISTANCE OF 208.84 FEET;
THENCE SOUTH 00 DEGREES 33 MINUTES 49 SECONDS WEST, A DISTANCE OF 964.84 FEET;
THENCE WEST, A DISTANCE OF 1280.19 FEET;
THENCE NORTH 50 DEGREES 14 MINUTES 47 SECONDS WEST, A DISTANCE or 432.54 FEET;
THENCE SOUTH 89 DEGREES 59 MINUTES 35 SECONDS WEST, A DISTANCE OF 2018.35 FEET;
THENCE NORTH 39 DEGREES 20 MINUTES 53 SECONDS WEST, A DISTANCE OF 185.58 FEET;
Unofficial Document
THENCE NORTH 29 DEGREES 28 MINUTES 32 SECONDS EAST, A DISTANCE OF 185.35 FEET;
THENCE NORTH 48 DEGREES 45 MINUTES 10 SECONDS WEST, A DISTANCE OF 283.04 FEET;
THENCE NORTH 37 DEGREES 27 MINUTES 36 SECONDS WEST, A DISTANCE OF 446.45 FEET;
THENCE NORTH 09 DEGREES 51 MINUTES 13 SECONDS EAST, A DlSTANCE OF 138.70 FEET;
THENCE NORTH 07 DEGREES 18 MINUTES 31 SECONDS WEST, A DISTANCE OF 243.51 FEET;
THENCE NORTH 65 DEGREES 10 MINUTES 04 SECONDS WEST, A DISTANCE OF 198.11 FEET;
THENCE NORTH 30 DEGREES 20 MINUTES 42 SECONDS WEST, A DISTANCE OF 299.51 FEET;
THENCE NORTH 19 DEGREES 53 MINUTES 42 SECONDS EAST, A DISTANCE OF 273.06 FEET;
THENCE NORTH 45 DEGREES 00 MINUTES 15 SECONDS WEST, A DISTANCE OF 295.22 FEET;
THENCE NORTH 50 DEGREES 04 MINUTES 44 SECONDS WEST, A DISTANCE OF 101.71 FEET;
THENCE NORTH 55 DEGREES 58 MINUTES 47 SECONDS WEST, A DISTANCE OF 273.07 FEET;
THENCE NORTH 26 DEGREES 25 MINUTES 05 SECONDS EAST, A DISTANCE OF 262.57 FEET;
THENCE NORTH 65 DEGREES 55 MINUTES 34 SECONDS WEST, A DISTANCE OF 407.89 FEET;
THENCE NORTH 27 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 551.17 FEET;
Page 3 of 4
II:\PROJIH2'!4002\Dwg\Svyll'agles Ncst\I)OC'S\OVI ;Ri\1 J, 1.< il .. doc
20020624617
THENCE NORTH 56 DEGREES 31 MINUTES 50 SECONDS WEST, A DISTANCE OF 614.98 FEET;
THENCE NORTH 13 DEGREES 01 MINUTES 04 SECONDS EAST, A DISTANCE OF 319.64 FEET;
THENCE NORTH 37 DEGREES 39 MINUTES 29 SECONDS WEST, A DISTANCE OF 127.05 FEET;
THENCE NORTH 63 DEGREES 16 MINUTES 29 SECONDS WEST, A DISTANCE OF 533.75 FEET;
THENCE NORTH 43 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 296.11 FEET;
THENCE NORTH 40 DEGREES 01 MINUTES 13 SECONDS EAST, A DISTANCE OF 386.14 FEET;
THENCE NORTH 33 DEGREES 11 MINUTES 35 SECONDS WEST, A DISTANCE OF 457.90 FEET TO THE
POINT O'F BEGINNING.
EXCEPTING THEREFROM ASSESSOR'S PARCEL NUMBER 176-21-4718 AS DESCRIBED IN DEED TO
CHAPARRAL CITY WATER COMPANY PER DOCKET 12489, PAGE 877, M.C.R.
THE ABOVE DESCRIBED PARCEL CONTAINS 21,101,569 SQUARE FEET OR 484.42 ACRES MORE OR LESS.
Unofficial Document
Page 4 of4
II:\PRO.I\X204002\Dwg\Svy\l!agles Nest\!)(JCS\OYI'IUII.I I lil .. do~
''I,
''''••
2112643.24
32
EXHIBIT B-2
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Map – Eagles Nest Property]
See following pages.
2112643.24
33
EXHIBIT C
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[New Town Lot]
See following pages.
2112643.24
34
EXHIBIT D
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Quitclaim Deed]
See following pages.
2160460.2
WHEN RECORDED RETURN TO:
Town Clerk
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO ARIZ. REV. STAT. § 11-1134(A)(3).
QUITCLAIM
This Quitclaim dated ______________2014, is between MCO Properties, Inc., a
Delaware corporation (“Grantor”), and Town of Fountain Hills, Arizona, an Arizona municipal
corporation (“Grantee”).
Pratt Properties, Inc., a Delaware corporation (“Pratt”), conveyed to the Fountain Hills
Community Association the real property described on Exhibit “A” to this Quitclaim (the
“Property”), by a Warranty Deed dated December 13, 1979, recorded in the office of the
Maricopa County Recorder in docket 14123, pages 1143 to 1146 (the “Deed”). Pursuant to the
Deed, Pratt imposed certain deed restrictions and reserved certain rights pertaining to the
permitted use of the Property, including without limitation, certain reversionary rights (the
“Restrictions and Rights”). The Deed provided that upon the incorporation of Fountain Hills as a
municipality, the Property would become vested in Grantee, which vesting was reflected by the
Warranty Deed dated March 16, 1990, recorded in the office of the Maricopa County Recorder
on April 26, 1990, document No. 90-185664, between the Grantee and the Fountain Hills
Community Association.
By Certificate of Amendment dated December 14, 1979, Pratt changed its name to MCO
Properties, Inc.
For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor hereby REMISES, RELEASES AND QUITCLAIMS to Grantee all of
Grantor’s rights in the Restrictions and Rights.
[SIGNATURES ON FOLLOWING PAGES]
2160460.2
2
“GRANTOR”
MCO Properties, Inc., a Delaware corporation
By:
Name:
As Its:
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ________________________, 2014, before me personally appeared _____________
________________________________, the ______________________of MCO PROPERTIES,
INC., a Delaware corporation, whose identity was proven to me on the basis of satisfactory
evidence to be the person who he/she claims to be, and acknowledged that he/she signed the
above document on behalf of the corporation.
Notary Public
(Affix notary seal here)
2160460.2
3
ACCEPTED BY:
“GRANTEE”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
___________________________________
Kenneth W. Buchanan, Town Manager
ATTEST:
___________________________________
Bevelyn J. Bender, Town Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ___________________, 2014, before me personally appeared Kenneth W. Buchanan, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document, on behalf of the Town of Fountain
Hills.
Notary Public
(Affix notary seal here)
2160460.2
EXHIBIT A
TO
QUITCLAIM
BETWEEN
MCO PROPERTIES, INC.
AND
TOWN OF FOUNTAIN HILLS
[Legal Description]
See following page(s).
LEGAL DESCRIPTION
COMMUNITY THEATER PROPERTY
Fountain Hills Arizona, Final Plat No. 302, Block 5, Lots 1 and 2, as recorded on December 14,
1972 in Book 156, Page 45 of the records of Maricopa County Arizona, and situated in the
northeast quarter of Section 23, Township 3 North, Range 6 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona.
2112643.24
35
EXHIBIT E
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Trailhead Site Plan]
See following pages.
CONCRETE RIBBON CURB-
EXPOSED AGGREGATE
FLUSH WITH PAVEMENT
(TYP.)-SEE CIVIL PLANS
COLORED CONCRETE PAVEMENT ,...__
ON STEEP SLOPE FROM ENTRY
TO PARKING AREA-SEE CiVIL
PLANS
DEDiCATED PARKS DISTURBANCE AREA ----~ ......... o..../
EASEMENT & HILLSIDE PROTECTION
EASEMENT LIMIT-ABSOLUTELY NO
DiSTURBANCE BEYOND THIS LIMIT
NATIVE HYDROSEED MIX
& DESERT PAVEMENT
LIMITS (TYP.)
CONCRETE HEADWALL-
SEE CIVIL PLANS
(TYP)
PLACED NATiVE ROCK EMBANKMENT ------
(TYP.)-SEE CIVIL PLANS
AUTOMATIC EXiT SW!NC GATE -------;------,
W/ EXIT LOOP SENSO!'
G/\TE STOP POST (OPEN POSITION)
GABiON BASKET RETAINING ---A.
WALLS-SEE CIVIL PLANS
ENTRY SIGNAGE ON -----..
GABION BASKET
ASPHALT PAVEMENT ----..
CUL-DE-SAC BY MCO-
PROTECT IN PLACE
BEGIN PROJECT CONTROL,_,,... __
LiNE AT STA. 1 0+00.00
i ;
ENTRY GATE &
SIGN LIGHTING-
SEE ELECTRICAL
PLANS
Ncrete PAVEMENT SURFACE-
SEE CIVIL PLANS
SEEDING & DESERT PAVEMENT -~
LIMITS/ ESTIMATED DISTURBANCE
LIMITS LINE
RIPRAP PROTECTION-
SEE CIVIL PLANS
(TYP.)
•
•
•
• •
•
•
•
•
• •
•
•
•
•
•
• •
• •
•
•
•
SEE CIVIL PLANS
BUS AND EMERGENCY VEHICLE
STAGING PARKING AREA
CONCRETE HEADER
GABION BASKET BENCH
WITH CONCRETE CAP
TRASH RECEPTACLE
'' /I
....---t?S/-::__-------EXISTING DIRT FIRE _ ROAD TO REMAIN
~--FIRE ROAD ACCESS GATE
WITH FiRE DEPT. KNOX BOX
BICYCLE RACKS (2)
INFORMATIO~J KIOSK
EXPOSED AGGREGATE CONCRETE
BAND-SEE CIVIL PLANS
25'x25' CUSTOM STEEL RAMADA WITH PICNIC TABLES
(3 STANDARD & 1 ADA) & TRASH RECEPTACLE (1)
ON COLORED CONCRETE PAD-SEE RAMADA
STRUCTURAL PLANS, CIVIL PLANS, & DETAILS
CISTERN TO COLLECT
RAMADA ROOF RUN-OFF
RESTROOM BUILDING-
IRRIGATION CONTROLLER
LOCATED INSIDE RESTROOM
CHASE ROOM
SEE ARCHITECTURAL PLANS
TRASH RECEPTACLE
GABION BASKET BENCH
WITH CONCRETE CAP
..__ Ncrete PAVEMENT SURFACE-
SEE CIVIL PLANS
PLACED NATIVE ROCK EMBANKMENT-
SEE CIVIL PLANS (TYP.)
BOLLJI.RD LIGHTING-SEE
ELECTRICAL PLANS (TYP.)
TRASH RECEPTACLE
'---GABION BASKET BENCH
WITH CONCRETE CAP
GABION BASKET RETAINING
WALLS-SEE CIVIL PLANS
'---STORM DRAIN MANHOLE--
SE.E CIVIL PLANS
DEDICATED !0 ARKS DISTURBANCE AREA
EASEMENT & HILLSIDE PROTECTION
EASEMENT LIMIT-ABSOLUTELY NO
DISTURBANCE BEYOND THIS LIMIT
8£1i~~---1--------~---Ncrete PAVEMENT WALKING PATH
il4 WITH CONCF:ETE HEADER EDGINGS-
SEE CIVIL PLANS
~__:;;;.-
START OF GABION BASKET .... -~
RETAINING WALLS-SEE
CIVIL PLANS
DEDICATED PARKS DISTURBANCE AREA
EASEMENT & HILLSIDE PROTECTiON
EASEMENT LIMIT-ABSOLUTELY NO
DISTURBANCE BEYOND THIS LIMIT
""·-----7<:_ _________ , _______ BOL.l.AF<D CENTERED IN TRAIL WITH
\
J
SURROUNDING LARGE BOULDERS
FOR ACCESS CONTROL
NOTE: -----
iT IS INTENDED FOR THIS DESIGN PLAN SET
TO BE BID .AND CONSTRUCTED IN CONJUNCTION
WITH .AND SltviULAT.ANEOUSLY WiTH BOTH THE
'CIVIL PLANS' AND 'PLANT INVENTORY F'L.ANS'
DESIGN SETS. CONTRACTOR SHALL OBTAIN .AND
BE FAiviiLIAR WITH ALL DESIGN PLAN SETS PRIOR
TO CONSTRUCTim--J.
LINE-SEE
/
BELOW LEFT
; i
' /
•
RIP-RAP DRAINAGE SWALE---'
SEE PAVING & GRADING PLAN IN
'CENTRAL TRAILHEAD CIVIL PLANS'
MATCH LINE-SEE ABOVE RIGHT
GATE OPERATOR KEY SWITCH STATION AND
EMERGENCY ACCESS KNOX BOX ON 2" SQ.
STEEL POST
r-\-j!ll~--1 ~---' o 110' 2o' 40'
SCALE: 1"=20'
eng1neenng oncl
environmental des1qn
't649 E. COTTON Gil~ LOOP, STE. 82
PHOENIX. AZ PHN: (602)438-2221
USA 85040 FAX: (602)438-2:225
www.j2design.u
~----.-,-.--------------CO!'~Slll.TAN! (S):
CUENT:
TOWN OF FOUNT/\IN HiLLS
PARKS & RECREATI~)N DEPT.
FOU~JTA.I'i Hll.LS fOWCJ HALL
16/05 E. A\IE_HUE OF fH[ rOUNT/~INS
FOUNT.t\1~-.J HILLS, /\Z .35269
(480) 816,5252
~~------------~~----PRO,JEC:T: TITLE:
--·-I
c: ·-co
+-' c:
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0 u..
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w
1--en
........................
SE.l\.L:
sustvn r:;\LS 1 ------.---
NO. ! MM/DD/VY :SSUE
1 112/16/05 4:::>% r;r_v:Ew
2 I 4/14/06 95% REV:EW ~~4--T--~~;;:1~,z?-B~t=2~~%---~8~~-~~~~=-
4 110/2.3/06 ~·!f\lf\L PS&E
=+-~ ----~-------..
---j-----.... ...,, ___ , ____ , ____ _
' ______ _J.__·-~--------·--···-----·----..
I ------·r----·---' __________ ,. ____ _
-+--~---------·~ .......... _ .. __ _
---~'------L----........................
DE.SIGNLD GY:
SCAlE
DATE:
f<. WALUN
K. WALUN
J. ENGELMANN
1 0/23/:J6 ........................
.J2 PROJECT NO.: 04.0039.2
~------------~------DRAWING NO.: SHEF: 1 ~JO ..
FH-1.03 3 OF4:2
2112643.24
36
EXHIBIT F
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Emergency/Utility Access]
See following pages.
2112643.24
37
EXHIBIT G
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Water Tank]
See following pages.
2112643.24
38
EXHIBIT H
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Roadway Cross Sections]
See following pages.
2112643.24
39
EXHIBIT I
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[New Cut and Fill Waivers]
See following pages.
PARCEL 4
PARCEL 3
PARCEL 5
PARCEL 6
PARCEL 2
PARCEL 7
PARCEL 1 PARCEL 10
PARCEL 9
PARCEL 8
PARCEL
1
0C
E
A
G
L
E
R
I
D
G
E
D
R
I
V
E
R
O
W
EAGLE
RIDGE
DRIVE ROW
4113.20
Phoenix, Arizona 85004
1426 North 2nd Street, Suite 100
Fax 602-396-5701
Office 602-396-5700
www.LD-Team.com
LEGEND
CUT AREAS OVER 10' DEEP
OUTSIDE OF ROADWAY
CUT AREAS OVER 10' DEEP
WITHIN ROADWAY
FILL AREAS OVER 10' DEEP
OUTSIDE OF ROADWAY
FILL AREAS OVER 10' DEEP
WITHIN ROADWAY
SCALE: 1"=
0 300 600 900
300'Cut & Fill Exhibit
2112643.24
40
EXHIBIT J
TO
FINAL SETTLEMENT AGREEMENT
AMENDED AND RESTATED MAY 1, 2014
BETWEEN THE
TOWN OF FOUNTAIN HILLS
AND
MCO PROPERTIES INC.
[Form of Hillside Protection Easement]
See following pages.
When recorded, please return to:
Town of Fountain Hills
P. 0. Box 17958
Fountain Hills, AZ 85269
Attn: Community Development
CAPTION HEADING:
I
I
I
I
I
I
I
I
Maricopa County Recorder
Stamp goes here.
GRANT OF HILLSIDE PROTECTION EASEMENT
{HPE200_-_}
{NAME OF GRANTING PARTY}
With Exhibits
This is part of the official document.
Copies Routed To:
D Administration
D Engineering
D Community Development
D Parks & Recreation
D Magistrate Court
D Marshals Department
When Recorded Return To:
Community Development Director
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
GRANT OF EASEMENT
{ Jack and Jane Doe } grantor, for good and valuable consideration, hereby grants to the
Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and
assigns, a perpetual easement upon, across, over and under all those areas on { Map I
Block I Lot } as legally described in Exhibit "A" and as graphically depicted in Exhibit
"B", as "Hillside Protection Easement" for the purpose of preserving the natural
topography and vegetation of land area. The owner or any of his heirs, successors, or
assigns shall not perform nor allow to be performed, any construction; or cutting, filling,
grading to the topography; nor any grubbing, brushing, removal, or otherwise damage
any vegetation, rock outcropping, or other natural feature in the Hillside Protection
Easement area without prior Town Council approval. A trail way may be a permitted use
if approved by the Town Council.
Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract
or parcel of land; that grantor has good and lawful right to sell and convey it; and that
grantor will warrant the title and quiet possession thereto against the claim of any person
whatsoever.
Dated this ___ day of __________ , 200_.
By: & ___________ _
{Jack Doe} { Jane Doe }
STATE OF ARIZONA )
) §
County of Maricopa )
SUBSCRIBED AND SWORN TO BE before me this __ day of _____ , 200_
by ______________ _
Notary Public
My Commission Expires:
LOT_
HILLSIDE PROTECTION EASEMENT
LEGAL DESCRIPTION
Lot_ of as recorded in Book __ of JllleiPS:
County, Arizona and is more particularly described
Commencing at the Southeast Corner of.
this Hillside Protection Easement·
ee;
0 feet;
S 27.85 feet;
Then S 48" W 47.80 feet;
Then 39°46'58" W 51.26 feet;
Thence S 89°47'52" W 49.16 feet;
Thence N 53°50'59" W 31.19feet;
Thence N 18°09'24" W 43.48 feet;
Thence N 26°48'25" E 66.55 feet;
Thence N 09°37'07" E 49.51 feet;
Thence N 19°20'45" E 67.97 feet;
Thence N 51 °40'22" E 39.02 feet;
Thence N 76°04'35" E 46.53 feet;
Signed & Dated
Engineer I Surveyor
Stamp
Exhibit A
ginning of
Thence along an arc curving to the left with a central angle of 06°59'26", radius of 295.00
feet, and an arc length of 35.99 feet;
Thence along an arc curving to the left with a central angle of 98°55' 15", radius of 20.00 feet,
and an arc length of 34.53 feet;
Thence along an arc curving to the left with a central angle of 01°24'40", radius of 730.00
feet, and an arc length of 17.98 feet;
Thence S 39°45'36" W 113.73 feet;
Thence along an arc curving to the right with a central angle of 07°40'19", radius of 200.00
feet, and an arc length of 26.78 feet;
Thence S 09°58'37" W 245.45 feet;
Thence N 79°49'26" E 262.00 feet to the True Point of Beginning.
Containing 44,355 Square Feet of land more or less.
LINE#
L1
L2
L3
L4
L5
L6
L7
L8
Exhibit B
LOT_
HillSIDE PROTECTION EASEMENT EXHIBIT
BEARING
S30"16 45'W
S79"14'31'W
S11"14'04"W
S28'14'45"E
S10"44'17"E
S1 0"40'48"W
S39"46'58"W
S89"47'52"W
0=01"24'40"
R=730.00
L=17.98'
CURVE# DELTA
C1 06"59'26'
DISTANCE LINE# BEARING
7.84'" L9 N53"50 59'W
50.68' L10 N18"09'24''W
46.12' L11 N26"48'25"E
.74.80' L12 N09"37'07"E
27.85' L13 N19'20'45"E
47.80' L14 N51" 40'22"E
51.26' L15 N76"04' 35"E
49.16'
RADIUS
295.00
DISTANCE
31.19
43.48'
66.55'
49.51'
67.97'
39.02'
46.53'
LENGTH
35.99'
r
J
I 0=22"11'39"
R=270.00
L=104.59'
I
\
P.O.B.
Signed & Dated
Engineer I Surveyor
Stamp