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HomeMy WebLinkAbout1999.0701.TCRMP.Packet •ArlAiN ill ‘49AM �tp NOTICE OF REGULAR SESSION 0 OF THE 3 •dnii,,,• = 0 �•'1.qn, p`li FOUNTAIN HILLS TOWN COUNCIL at is j w- Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, JULY 1, 1999 TIME: 6:30 P.M. WHERE: **FOUR PEAKS ELEMENTARY SCHOOL 17300 East Calaveras Avenue **(PLEASE NOTE LOCATION CHANGE) RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Pastor Don Schrage from the Trinity Lutheran Church • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended -taff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or ember of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session July 1, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of June 17, 1999. *2.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Properties of Pacific Southwest Condominiums XIX (19), located at 14421 Galatea,Case Number S99-013. *3.) Consideration of a FINAL RE-PLAT combining Lots 6 & 7, Block 2, Plat 202, located 11044 N. Saguaro Boulevard, Case#S99-017. *4.) Consideration of RESOLUTION 1999-29 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the southwesterly property line of Plat 403A, Block 1, Lot 27 (16717 E. Kingstree Blvd.) as recorded in Book 155 of Maps, Page 33 records of Maricopa County,Arizona. (Rick Watts) *5.) Consideration of RESOLUTION 1999-30 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the northwesterly property line of Plat 204, Block 11, Lot 18 (11008 Regency Place) as recorded in Book 142 of Maps, Page 10 records of Maricopa County, Arizona. (Paul&Linda Brown) *6.) Consideration of RESOLUTION 1999-31 abandoning the Puerto del Lago emergency access/waterline easement. *7.) Consideration of APPROVING A CONTRACT with Hofmann-Dietz Architects, Ltd. for architectural and design services for the Library/Museum project. iiipe *8.) Consideration of RENEWING THE LEASE MANAGEMENT AGREEMENT with the Fountain Hills Civic Association for management services of the Community Center for fiscal year 1999/2000 in the amount of$37,400. *9.) Consideration of RESOLUTION 1999-32, expressing its position of cooperation with the Fort McDowell/Mohave Apache Indian Community in the acquisition and permanent preservation of two sections of state owned land immediately adjacent to the Town and the community. 10.) PRESENTATION of a Community Service Award from the Fountain Hills High School to Marshal Steve Gendler for outstanding security, and protection of students, staff and the school campus. 11.) PUBLIC HEARING on a proposed development agreement for the Eagle Ridge North and Eagles Nest areas of the Town,including alternative land use/development options for these same areas. 12.) Consideration of RESOLUTION 1999-33, approving the Eagles Nest/Eagles Ridge North Development Agreement. 13.) Consideration of AWARDING THE FIVE BID SECTIONS of the annual landscaping contract. 14.) Consideration of the OBJECTION TO THE TEMPORARY USE PERMIT received on TU99-03,a request for daycare facilities at the First Assembly of God Church located at 16239 East Ironwood Drive. 15.) PUBLIC HEARING on a proposed text amendment to The Zoning Ordinance for the Town of Fountain Hills that would allow for additional land disturbance beyond 4 times the footprint under certain conditions, Case likaw Number Z99-14. Town of Fountain Hills Page 2 of 3 Last printed 06/25/99 3:21 PM Town Council Meeting Agenda Regular Session July 1, 1999 16.) Consideration of ORDINANCE 99-20 amending The Zoning Ordinance for the Town of Fountain Hills that would allow for additional land disturbance beyond 4 times the footprint under certain conditions, Case Number Z99-14. 17.) Consideration of COUNCIL INITIATION OF A TEXT AMENDMENT to The Zoning Ordinance for the Town of Fountain Hills amending Chapter 18. Section 18.08 adding design guidelines for the Town Center Commercial Zoning District. 18.) Consideration of the Town's APPLICATION TO "WAIVER OUT" of the Alternative Fuel Program mandates as required by the Arizona Department of Commerce Energy Office. 19.) Consideration of AUTHORIZING AN INCREASE on Streets Annual Contracts. 20.) Consideration of the ADOPTION OF THE TENTATIVE BUDGET for the fiscal year 1999/00 with appropriate direction to publish said document in accordance with state law. The Council may address any or all items contained in the budget document,initiating any suggested changes prior to adoption. 21.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 22.) ADJOURNMENT. DATED this 25th day of June, 1999. C44A.C.1c,L By: Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed 06/25/99 3:21 PM MEMORANDUM L TO: THE HONORABLE MAYOR AND TOW Or lcif/ FROM: PAUL L. NORDIN,TOWN MANAGER DATE: JUNE 25, 1999 RE: MANAGER'S REPORT FOR THE JULY 1ST COUNCIL MEETING Reminder: A special meeting and executive session will be held Tuesday, June 29th, at 5:00 p.m. in the Town Hall Conference Room. Bill Farrell has invited several attorneys who will discuss land acquisition issues. This meeting will immediately precede the first council session to discuss the FY '99-00 budget, beginning at 6:30 p.m. on Tuesday, in Council Chambers. Another (short) special session is scheduled for Wednesday, June 30`h, at 6:15 p.m. with Bill Farrell, relative to the Fountain Hills Water Company. Wednesday, June 30th is also the scheduled date for the second budget discussion meeting, beginning at 6:30 p.m. in Council Chambers. The following evening, Thursday, July I st, is our regularly scheduled council meeting at 6:30 p.m. Council will consider the adoption of the tentative budget for FY '99-00 at this meeting. Since we are expecting higher attendance, the meeting will be held at Four Peaks Elementary School at 17300 E. Calaveras Avenue. CONSENT AGENDA: There are nine items on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM# 10 -PRESENTATION OF AWARD TO MARSHAL GENDLER: Michelle Eaton, Student Body President of Fountain Hills High School, will present a Community Service Award to Public Safety Director Steve Gendler. This award will give tribute to the Marshal Department's outstanding security work; including protection of students, staff, and campus, and classroom instruction. AGENDA ITEM &# 12 -PUBLIC HEARIN-G/RESOLUTION 1999-33/EAGLE'S NEST &EAGLE RIDGE DEVELOPMENT AGREEMENT: A public hearing is on the agenda to receive input regarding alternative land use and development options for the Eagle's Nest and Eagle Ridge property. After the hearing is (iirr closed, Council will consider the approval of the agreement's terms and conditions. Lir AGENDA ITEM# 13 - LANDSCAPE MAINTENANCE CONTRACT: The bid opening for the five sections of the annual landscape maintenance contract occurred on Thursday, June 24th. Seven bids were received. Staff is currently considering and tabulating each bid. Recommendations for award of the contract will be available next week. Please see Randy and Robin's memo. AGENDA ITEM# 14 - OBJECTION TO TEMPORARY USE PERMIT: An objection from a neighbor has been raised regarding the Temporary Use Request for Day Care facilities at the First Assembly of God, 16239 E. Ironwood Drive. Please refer to Dana's report for additional details. AGENDA ITEM# 15 &# 16 - PUBLIC HEARING/ORDINANCE 99-20/ ADDITIONAL LAND DISTURBANCE BEYOND 4 TIMES THE FOOTPRINT: Councilmember Wiggishoff and Planning & Zoning Chairman Fraverd requested staff to prepare a text amendment concerning grading requirements. This text amendment reinstates the practice of allowing a residual amount of lot area to be disturbed beyond four times the footprint calculation, under certain circumstances. Approval of the text amendment was unanimously recommended by the Planning & Zoning Commission. See Geir's report. AGENDA ITEM# 17 - COUNCIL INITIATION OF TEXT AMENDMENT -TOWN CENTER COMMERCIAL DESIGN GUIDELINES: Staff has prepared design guidelines relative to the Town Center Commercial Zoning District for Council's review. It is recommended that these guidelines, as prepared, will enable Town staff and the property owner (MCO) to develop a well designed downtown commercial core. Please refer to Geir's report. AGENDA ITEM# 18 -ALTERNATIVE FUEL PROGRAM: Town staff recommends approval of the fuel vehicle waiver application. To accomplish this, the Town is required to submit "waiver out" applications to the Energy Office, in addition to receiving town council approval. Please see Jim Leubner's attached memo. AGENDA ITEM# 19 - STREETS ANNUAL CONTRACTS: Contract authorization for the annual street maintenance/construction was set at the FY '98- 99 budget amounts. Staff is requesting contract authorization amounts equal to the FY '99-00 budgeted amounts for four contracts as shown in Randy's attached memo. Manager's Report July 1,1999 Council Meeting Page 2 of 3 AGENDA ITEM# 20 - ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 1999/2000: Council will vote to adopt the tentative budget for Fiscal Year 1999-2000. The Council may discuss individual budget items contained in the budget document, suggesting any revisions, prior to adoption. L Manager's Report July 1, 1999 Council Meeting Page 3 of 3 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: June 25, 1999 SUBJECT: Preliminary & Final Plat for"Pacific Southwest Condominiums XIX" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Properties of Pacific Southwest L.L.C., that would condominiumize two-units located at 14421 Galatea Drive, aka Lot 1, Block 11, Final Plat 104. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L Loy TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT July 1, 1999 CASE NO: S99-013 LOCATION: 14421 Galatea Drive, aka Lot 1, Block 11, Final Plat 104. REQUEST: Consider the Preliminary and Final Plat for "Properties of Pacific Southwest Condominiums Unit XIX", a 2-unit condominium project. DESCRIPTION: OWNER: Rhinehart Construction APPLICANT: Ed Oliva, Properties of Pacific Southwest L.L.C. EXISTING ZONING: "R-2" EXISTING CONDITION: Under Construction LOT SIZE: 12,832 square feet SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat"Properties of Pacific Southwest Condominiums Unit XIX" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Rhinehart Construction, has chosen to convert a two-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,468 square feet, a minimum livable area of 1,348 square feet. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-1561, on November 19, 1998 and received his permit to build on February 4, 1998. RECOMMENDATION: Planning and Zoning Commission recommend approval of the Preliminary Plat, and staff recommends approval of S99-013; Final Plat "Properties of Pacific Southwest Condominiums Unit XIX". evtAINoi b° t ; / TOWN OF FOUNTAIN HILLS L 'am:;,0? COMMUNITY DEVELOPMENT DEPARTMENT 5.. �l/.-- 4':- Date Filed Fee Paid % Accepted B, Condominium Name 9 Pro EA'Esn-- 3cio :- is •Stu ‘.3s'f-• Xi Condominium Address / 9V c2) 6I6- / tz 62_. 1-01,1416/n f/7Y/s /92 eSQ?6 cE Legal Description of Lot/Parcel Being Platted Plat /6) 9 Block // Lot(s) Parcel Size � � ��� Number of Units Number of Tracts / - Zoning k General Plan Land Use Designation Density Requested(Dwel ing Units Per Acre) 4160, (to . 7 9 b. U. /A c i2 E Applicant Day Phone /-'�O�F r T/E S CST �G c f ! r C_ .�D t 4 rf►c J�` T ?S 7-/6/0 Addri�Jes's / City ST Zip /(�O .,2 r)✓c I el' Vll�1'1�4f's'IS rbtaiTilctt /l//S /52 i-Jr-) 6 Ownn/r l / Day /Phone Phone C Address C' ST Zip /6 ff:3,) A✓i. OF ?� Fol.. l,�,s o>1 In' d,//s 4z �s,_))6 S' Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date p 44 d7, TO-FILE THIS APPLICATION. S- 7- / v v" p i.Subscribe nd sworn before me this day of r�CI , 19 L 6FF161A� sion Ex ires ��-�7 2,�!,1MO — 18111. 4 i LISA M. p. Nota Pu licain �j�. - ,.i _ Notary RICOPublic-slats Uo NTYArizona V MARICOPA COUNTY +i,7,s� My comm.expires Aug.2.2000 ' w v. - i (Seal) TFH Case Number Fee Schedule Attached SCR^ 0 / 3 1111114 11., I- 5,0 ; .-..._ R i U 5 ei. 1 P ci 10 - 11111111 q; d ; i 'I 1 . ---C --- E _ r —ifati #' ut:!i � '5 a t[c f '0 Ple INV ot Aft;iiiiir;iy, spy • ilk 444.1k RV I Cktf !b6�E6 \/ ,s� J���f Z E4 2:s./'' f�, SIR\ D N \ Jd ' 1?:?,� g `\ JB / V /�J�/1 a b 'I /` Doti \IA ? ,Cd j $1g + ' iI ; 11 -------4 n m `,0`,Sp.�• \ r ti a4 Lj1 M`t1�'9-SSIN G �\� \ -- ` c6 /i No L.,,,,,.,,,,<'N \ / / \\ \ate N. . 4,111 .,. ��.;+� / 6 4 4 f... tit /, r m CO s F %, `\` \�a�,\ \ / /* 5 O hj / \ f4.Sd, ,'..*./,tO o t�i�pi O l 1 hLh��-yJ ' 11,$ /' - ; d O N a . zm R4141 R;I _$Ii WA7 n' . Ica � . = 1 r~ , Odi lip xl-orlig 1 1 „..4,-- ' :NOM 1[111/1! iplijr NgR ilk ' R a z / ' 0 _ Om - :..,106 ! ' ;N n ,3 z OR R mA—pi all O . .� A eii v7i go "z a[ Ter. :..Q9 oon civri; ,.. .. ,,:jor , ,_,.., -i.,(, q% !! !Ili /Li P 9 g p. -, T._ ga,E, 51' PeOltiiii f '-r ngr - • ,• i :-- L..- .. -r, ... .——:rs .--1 •--4 r-- e cod' r sakiz O 1II!!iJ ssg �� p■ �■I1./91 a l'!R v QR7 �i III gi iIIII! 1 R 'x W a �1R 1 `,,. i91� 114 Qb a ! i a 1 z ii n @:1a alb€ ii; ailiMA�I! 111 IA 1 Wiggly elF : 4T Ili a=: ' if qi ! §Ciix _ o= H �‘11" �Q��y#�a_ �� !PTO! �¢_R ����5€��'� �i19�1 L 11 p €�: Gg�� i'Ri�! §�� Z Qi• 131i A/ 1 g 8 1 Q PA/ • RHINEHART CONSTRUCTION ,— K64/TJ o..,8-27-1998 MONTGOMERY ENGINEERING i MANAGEMENT,Lit. PLAT 104, BLOCK 11, LOT 1 ma.r:oaM marr O 96216 16766 E.PARKVIEW An.,SUITE 201 . AS NOTED FOUNTAIN HILLS,ARIZONA 85268 14421 GALATEA DRIVE CONDOMINIUM PLAT (602)837-1845 fax 837-8668 „a OAR orsa►rwm 47 n (...„ r" s , . . ce I Qom' - 1 -. yQ 2x l 1 O ,$. . 1 15.00 �• I ct x ' I 8- I N �'V VP 6.00 J %- I 1 s °l a 7.6 a 40.50 L 13 A P17.66' 'a'? 1 ,0.33' 14,66' 1 J'2 yet Dar Q ri 126r 4 ern N. Q z z $$ A 6 1 cla 1 a t NUS 10.3riG I1 p C I A3Y 14,66' , 11.66' 1 0 R �e4, 17.33' ♦�e�.o ^ v" e N 0� .0 \F. I tz,, in 11 v o RHINEHART CONSTRUCTION sweet IN .''e 6-27-1496 rENTAOERY EINNEENNO&NANAOEIENT,LLC. PLAT 104. BLOCK 11. LOT 1 ewa DRY mane 96216 16766 E PARK00W AVE.,SUITE 201 •, - t.rwtie 2 OF 2 see AS NOMFD FOUNTAIN HILLS,ARIZONA 85268 — 14421 GALATEA DRIVE FLOOR Pull&SEMIS (602)837-1845 fax 837-8668 ,a OAK 0001,104 Ir TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner > DATE: June 25, 1999 SUBJECT: Final Re-Plat for" Fountain Hills Final Plat 202, Block 2, Lots b & 7" This plat is a request by Phillip Rodakis which would combine the two lots into one lot. Please refer to the attached staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS STAFF REPORT July 1, 1999 CASE NO: S99-017 LOCATION: Final Re-Plat Fountain Hills Final Plat 202, Block 2, Lots 6 & 7. REQUEST: Consider approval of a replat for Fountain Hills Final Plat 202, Block 2, combining Lots 6& 7 into one lot. DESCRIPTION: OWNER: Phillip Rodakis APPLICANT: Phillip Rodakis EXISTING ZONING: "C-C" EXISTING CONDITION: Lot 7 developed with Jimmy's Filling Station, Lot 6 vacant SURROUNDING LAND USES AND ZONING: NORTH: Emerald Wash: zoned "R-3" thiw SOUTH: Common Parking Area: zoned "C-C" EAST: Commercial Building: zoned "C-C" WEST: Multi-family: zoned "R-3" SUMMARY: This request is for final plat approval of a Replat for "Fountain Hills Final Plat 202, Block 2, Lots 6 & 7" which removes a common lot line. The applicant proposes to create one (1) lot from the two lots. Due to the simplicity of this request a fast track process was allowed. The applicant, Phillip Rodakis, has applied to reconfigure these lots by removing the common lot line. The applicant wishes to add on to Jimmy's Filling Station by adding a outdoor patio. The new configuration will allow for this expansion. The new lot meets all the requirements of the "C-C"Zoning District for size and dimensions. RECOMMENDATION: The proposed lots are in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S99-017 " Fountain Hills Final Plat 202, Block 2, Lots 6& 7". L 4°4' it vi- TOWN OF FOUNTAIN HILLS vim;,, COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid jt Accep;e 1/4Td411,e t 1 /799 ADO - c Plat Name/Number ,' / to h / O/ P1.�74 .Zo. , B/.c� .a 2, 7 6" 7 Parcel Size Number of Lots ' Number of Tracts , Zoning G G General Plan Land Use EOM COMtMtD.i ! O.rf mercia / Density Requested (Dwellin2 Units Per Acre) M. Applicant I v� Day Phone PA,M, tob k,s t/o .7„„-ys x'/z''1 ft.1.,A IS7- '31.2 Address City ST Zip //D yy d/. %A'MO eo $/rel. AU*/A A *WO AL "SW/ Owner$ , �,f Day Phone AA1//.p t ddkss Toi N it tre.l a eetrltk s - Le A G /37-051.7 Address City ST Zip m vy A ESA'NM rep /111, /1010+4N /f/://s *L JP.s747 Attachments(Please list) IQ T joie' ?Act ES ?Jo?. 40.- join J.n�1 4115 G 0 7 107i l♦ t 6 4 , t/ Signature of Owner I HERBY AUTHORIZE (Please Print) Date U, , �N,L 23 oq,C.S 6 Qc� TO FILE THIS PLICATION. 1Subsc ' d Sworn b fore me this T // 1 day of 1i7� , 1g97. �� t) tLt My Commission Expires 05/ w Notary Public -- c iciAL SEAL ' w.i!. LINDA A. MELUCCI tfir NatsyPubI C-StateofArizona i,4ARICOPA COUNTY ----, mares rant.25,2oon (Seal) TFH Case Number ee Schedule Attached 11w 5 ?-o uwrndw-aevr-amo (IV •0080 III I I ' 1 i I 1 t 1.141110p 71 z De, r �,� ip mnr gIyF u sSNN3 3 cn0u y b0004, o rn r 1> r o kor,,,, .� � r o05�£‘� z �5m22 z m 5 °ti \ $ ogzr -,.... 4. - ..../ ,, ..;:.. ......;,. 0. 0 z , .....i a_. 3�p0 5S o.S 5 ~ CO. \ poor+ s D Vv N 0r— - \ g 1 r PO I1 II! IIII s I sI A,� Xi pp tillpr� I A tz:+4,1114,;1:4);,‘-dgar''''''. ill °4 f A17';1110tA44 ppitfig7V,' .11' + L;),i • 111111,E MEMORANDUM Chron 160 TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan Review;e REVIEWED: Randy L. Harrel, Town Engine P ' THROUGH: Paul L. Nordin, Town Manager DATE: June 15, 1999 RE: Easement Abandonment 99-12; Resolution 1999-29 16717 E. Kingstree Blvd. Plat 403-A, Block 1, Lot 27 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility easement located at the southwesterly property line of Lot 27, Block 1, Plat 403-A, (16717 E. Kingstree Blvd.) as shown on Exhibit"A". The property owner of Lot 27 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The northerly 20' of the southwesterly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there may be a need for the Town to retain the drainage easement, the drainage easement should therefore be retained. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-29. cc: Roderick Watts, Jr. Rod Cullum, Cullum Homes Mr. J. Piecuch Mr. &Mrs. Stalkup L G:\Easement Memo\EA99-12,Rick Watts,Plat 403-A,BIk 1,Lot 27,16717 E.Kingstree Blvd..doc Chron 170 #14AIN ill 45 """' 1 = Town of FOUNTAIN HILLS 9* that isP ' June 25, 1999 Mr. Rick Watts 16129 East Keota Drive Fountain Hills, Arizona 85268 Re: Drainage Easement Abandonment Denial, EA99-12, Plat 403A, Block 1, Lot 27 Dear Mr. Watts: Please be advised that on June 17, 1999, the Town of Fountain Hills Engineering Department visited and reviewed the site to ascertain any drainage concerns and general interests in the easement in question. It is the professional opinion of the Engineering Department that the tkhor drainage easement should be retained. We have calculated the amount of drainage area tributary to Kingstree Boulevard and reviewed other drainage easements in the vicinity to carry flows off the street to the ravine adjacent to your lot and on to the Golf Course area to the south. The drainage flows are such that the Town may possibly wish to eventually construct a drainage channel or storm drain pipe along the easement. Please note that we do not intend to do such construction in the foreseeable future. However, because of that potential, it would be imprudent for the Town to abandon the easement. The proposal to abandon the ten (10) foot public utility easement located at the southwesterly property line of Lot 27, Block 1, Plat 403A, (16717 E. Kingstree Boulevard) will be given to the Town Council for official approval. The northerly 20' (at the street) will be retained for potential future utility boxes Encroachment for the proposed construction of a portion of a retaining wall within the drainage easement is hereby granted. If you have any questions or further information is required, you may contact the undersigned at 816-5147. Your cry truly, Art Candelaria Engineering/Plan Reviewer Cie cc: Mayor&Town Council Randy Harrel Paul Nordin 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 When recorded, return to: "ngineering Department pwn of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-29 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE SOUTHWESTERLY LOT LINE OF LOT 27, BLOCK 1, OF PLAT 403-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 33, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and (14V HEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10) foot public utility easement, located along the southwesterly property lot line of Lot 27, except for the northerly 20 feet, as shown in Exhibit A; of Plat 403-A, Block 1, Lot 27, Fountain Hills, Arizona; as recorded in book 155 of maps, page 33 records of Maricopa County, Arizona; is hereby declared to be abandoned by the Town of Fountain Hills. The drainage easement shall be retained. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert-any-right -resulting threrefrom or existing -previous to any action by the Town. Resolution 1999-29 PAS$/ AIL 1- l- Page 1 of 2 ON J �SECOND ij�`��; COUNT 1-O'" LSSED AND ADOPTED this 1 n day of July 1999. ATTEST: FOR THE TOWN OF FO, TAIN HILLS C4/1/1 )J-tivti 4407//7",/,yez... Cassie B. Hansen, Town Clerk Sharon Morgan, Ma or REVI ED BY: , APPROVED AS TO FORM: / Paul L. Nordin, Town Manager William E. Farrell, Town Attorney L Resolution 1999-29 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" co PLAT 403A BLOCK 1 LOT 27 PLAT 403A BOOK 155 - PAGE 33 " � _ i 4,5 I RETAIN 10' PUBLIC UTILITY <<''',,, a T, AND DRAINAGE EASEMENT `•''IQ'- ::::I� LOT 28 3 � ��s,�.% LOT 27 �r s'`9i I 10' DRAINAGE '6� ABANDON 10' PU�LIC UTILITY EASEMENT EASEMENT :�' -> RETAIN 10' DRAI�4ACE EASEMENT LOT 26 \ - _ 1 1 10' PUBLIC UTILITY� ��.`,9, I AND DRAINAGE E , NT -4 �11'�>S•It' BLOCK 1 LOT 25 � -... 6 , v..Amb ..,,,_ , LOT 24 .',,;-0-1G� -k, '3545 RANDY 13 SCALE: 1" m I-ii:RFE=80' L.I1�y. � � Le DATE: 6-24-99 �G s,.„ q • S P. . Ic. Chron 157 (iise MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan Review REVIEWED: Randy L. Harrel, Town Engineer J THROUGH: Paul L. Nordin, Town Manager DATE: June 14, 1999 RE: Easement Abandonment 99-11; Resolution 1999-30 11008 Regency Place Plat 204, BIk 11, Lot 18 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the northwest property line of Lot 18, Block 11, Plat 204, (11008 Regency Place) as shown on Exhibit"A". The property owners of Lot 18 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The southerly 20' of the northwesterly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 18 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-30. cc: Alan & Shirley Irwin Santo J. LaCorte Kim D. Howe Low G:\Easement Memo\EA99-11,Paul&Linda Brown,Plat 204,Blk 11,Lot 18,11008 Regency Place.doc When recorded, return to: 'gineenng Department wn of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-30 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 18, BLOCK 11, OF PLAT 204, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the northwesterly property lot line of Lot 18, except for the southerly 20 feet of the public utility easement, as shown in Exhibit A; of Plat 204, Block 11, Lot 18, Fountain Hills, Arizona; as recorded in book 142 of maps, page 10 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 18 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-30 PASS FAIL 7 ' — Q Page 1 of 2 TION SECOND q`\i COUNT 7-0 �1 4iire‘SSED AND ADOPTED this 1 st day of July 1999. ATTEST: FOR THE TOWN OF FOUNTAIN HILLS Cassie B. Hansen, Town Clerk haron Morgan, Mayor REVIEWED BY: APPROVED AS TO FORM: P ul L. Ngrdin,`Town Manager William E. Farrell, Town Attorney L Resolution 1999-30 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" (iiie PLAT 204 BLOCK 11 LOT 18 PLAT 204 BOOK 142 PAGE 10 / / / LOT 20 / / / / / / / / sAB ; O'ANDON /PUBLIC UTILITY do �/ LOT 17 R/7R/ DRAINAGE EASEMENT LOT 19 6v/� ' �N6°bo ;.`,, 49:0 7.,5<77.,,* -........ (k. .1.,/ ;��\� / r'/ LOT 18 6�_/ RETAIN Z¢¢ ��� r/ PUBLIC UTIL EASEMENT 022 S?' /o� ABANDON DRAIN • EASEMENT / / \OFF \e�t , A 9I•00'00' / R=20..s' L=31.42' a LA!" I �O 16545 c ia RANDY Y L. A NARfEL,,.%: SCALE: 1"=80' 'rQ ?= s Le DATE: 6-10-99 ?R/z, ,•e�s;; Co '.% 'kV MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan R viewe REVIEWED: Randy L. Harrel, Town Enginee L l � THROUGH: Paul L. Nordin, Town Manager DATE: June 25, 1999 RE: Easement Abandonment 99-13; Resolution 1999-31 Puerto De Lago Emergency Access/Waterline Easement This item on the Town Council's agenda is a proposal to abandon the 50-foot ingress/egress, public utility, and drainage easements located between Panorama Drive and Via Del Sol in the Puerto Del Lago subdivision. This easement was granted by MCO to the Town in March 1995(MCR 950231581)to assure that a second ("emergency") access and a waterline loop to Puerto Del Lago would eventually be constructed. MCO has maintained a construction assurance of$55,000 for this roadway and waterline work (1160 along this easement to the present time. The Diamante Del Lago Subdivision has been approved by Council and will be ready for recordation in the very near future. This subdivision contains a roadway(on a slightly different alignment), providing a second ("emergency") access to Puerto Del Lago, and a looping waterline. The subdivision construction assurance will ensure that the improvements will be made. The easement abandonment should be recorded concurrent with, and immediately prior to, the Diamante Del Lago Subdivision plat. The construction assurance of$55,000 can then be returned to MCO. We have not requested that the applicant obtain utility company approval of the abandonment. Although the easement includes a "public utility" easement, it is specifically granted on private property to the Town of Fountain Hills, and not to any utilities. Therefore, the Town has the exclusive right to control or to abandon the easement. Additionally, there are no existing utilities in the existing easement, nor a need to have any there in the future. Staff recommends adoption of Resolution 1999-31, with the following stipulation: • The abandonment shall be recorded concurrent with, and immediately prior to the Diamante Del Lago subdivision plat cc: Sivage Thomas of Arizona, Inc. G:\Easement Memo\EA99-13;Resolution 1999-31 Sivage Thomas.doc When recorded, return to: Togineering Department wn of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-31 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PUERTO DEL LAGO EMERGENCY ACCESS EASEMENT, AS RECORDED MCR 95-0231581, FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the 50 foot wide Puerto Del Lago Emergency Access easement(an easement for ingress/egress, lying between Panorama Drive and Via Del Sol public utility, and drainage easements) as described and shown in Exhibit A; Fountain Hills, Arizona, MCR 95-0231581 are hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-31 _ _ 9 Page 1 of 2 ASS/ AIL ION SECOND ►� COUNT -7— PASSED AND ADOPTED this 1 n day of July 1999. QUEST: FOR THE TOWN OF FOUNTAIN HILLS elA46A.:..Q./5 ) ,-ItAA.a& y - , Cassie B. Hansen, Town Clerk Sharon Morgan, May r REV ED BY: APPROVED AS TO FORM: /4,{.7) //7/ c____.____---- 2/KW/levy; P %,,,i, P ul L. rdin, Town Manager William E. Farrell, Town Attorney Resolution 1999-31 Page 2 of 2 • • EXHIBIT "A" (1 of 2) LAND DESCRIPTION A strip of land 50 feet wide lying 25 feet on each side of a centerline located in the Southeast Quarter of Section 14, Township 3 North, Range 6 East, Gila and Salt River Base and Meridian, Maricopa County, Arizona, said centerline being more particularly described as follows: Commencing at the most Northwesterly corner of Puerto Del Lago, a proposed subdivision in the Town of Fountain Hills, Arizona and to be recorded forthwith in the records of Maricopa County, Arizona; Thence northerly 52.66.feet along the arc of a curve on the easterly right-of-way of Panorama Drive, said curve having a radius of 442.00 feet bearing North 89° 40' 26" West and a central angle of 06° 49' 34", to a point of tangency; Thence North 06° 30' 00" West along the easterly right-of-way of Panorama Drive a distance of 131.62 feet to the POINT OF BEGINNING; Thence northeasterly 378.18 feet along the arc of a curve, said curve having a radius of 400.00 feet bearing North 06° 30' 00" West and a central angle of 54° 10' 12", to a point of tangency; Thence North 29° 23' 39" East a distance of 100.00 feet to a point of curvature; Thence easterly 314.16 feet along the arc of a curve, having a radius of 200.00 feet bearing South 60° 36' 21" East and a central angle of 90° 00' 00", to a point of tangency; Thence South 60° 36' 21" East a distance of 229.99 feet to a point of curvature; Thence Southerly 419.75 feet along the arc of a curve, having a radius of 200.00 feet bearing South 29° 23' 39" West and a central angle of 120° 15' 00", to a point of tangency; Thence South 59° 38' 39" West a distance of 63.00 feet to a point on the center line of Via Del Sol at the north boundary of said proposed Puerto Del Lago subdivision being the terminus of said centerline. vavo ql1 1-27netter:/puerto.leg 40 1._ `0 •\ ,• `; NALD WESTER 1 FISHER • `` i!` • EXHIBIT "A" _ (2 of 2) Ln-0 r A D Z 0 11 ■ M m� Nt' 0 dN a ' . • J- AI�?<500.. Z/ I? COd��mO0N Z ; :_.:. ,Zt6L: w p, ,ZealC1 No ni z r �1G Nis / "DA 4- C0-0 \\ \ is •• . to • Y M • 71 zs. N 'e Z \ CT! ,,, m O ID NN D \\ DN VG. Z _ii° S\ �. ! CP Z �q a role 6 pie Cn , ..... w s 1. Li. ,. ) r ZI I> w- \--t tl 0 / j w „ � \A / •/ 1--- 0 0 ` afb5 - 0 m mm w w TT iTl r" \ . © o+ Zi z0 �'' t- *E • .v //17 r-- O : \ n I N , \ • r' S v CP 1• © ems. . n Or 11 1' 11 M • 2T o- 350O• 0 • r ,i/ W L. lP 6 ill O L SORT 1.,.,-.... ..o �g�4g. �.O L- ►NDi4N R�SERV4Tic Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLER Date: 06/25/99 Re: AGENDA ITEM #7—CONTRACT FOR LIBRARY/MUSEUM ARCHITECTURAL SERVICES AGENDA ITEM #8— CIVIC ASSOCIATION LEASE MANAGEMENT AGREEMENT The following items appear on the July 1st agenda: AGENDA ITEM #7— LIBRARY/MUSEUM ARCHITECTURAL SERVICES Included in your packet is Town of Fountain Hills Contract No. A-01, a contract between the Town ; 4, i tz, Ltd. for architectural design services for the new Library/Museum. The ttIONtrt identical to the contract for the Community Center except for the effective dollar Po ts nd exhibits that have been modified for the Library/Museum project. The y ^ ay ent, sche e`-'13ti d in Exhibit B coincides with the funds included in the Library/Museum 441 Construction section the budget. The total for architectural design and construction ad` atio ices.i 140,000. The contract format originated from Mr. Farrell's office and the sin the Li ry/Museum carries his approval. till`Scalzo and Flan . right, the new director of the Maricopa County Library District, met with Paul.and:me regrdi he cooperative project. The County worked with Hofmann Dietz on the constru, io n of e theast" Regional Library and strongly supports the firm's participation in the /Mu• i�� + ect for Fountain Hills. Staff recommends approval. 43-47, AGENDA ITEM #8—CIVIC ASSOCIATION LEASE MANAGEMENT AGREEMENT Since the Town took ownership of the Community Center in 1990, the Civic Association has provided lease management services for the facility. The agreement is renewed annually and coincides with the budget process. The only changes to the document included in your packet are effective dates and the dollar amount for the management fee. The $37,400 management fee included in the lease management agreement appears in the Community Center section of the budget and reflects the recommendation of the Civic Association Board. If the Council approves the Community Center budget during the special budget meetings, the management fee will also be approved. Because of this "pre-approval", the lease management agreement appears on the consent agenda. Staff recommends approval. If you have any questions on either of these items, please do not hesitate to contact me. L Page 1 of 1 Cassie Hansen Last printed 06/25/99 12:54 PM 06/25/99 TOWN OF FOUNTAIN HILLS CONTRACT NO.A-Ol L This contract made this 1st day of July, 1999, by and between the Town of Fountain Hills (herein after "Town") a municipal corporation of the State of Arizona and Hofmann Dietz, Ltd., (herein after"Architect"). Whereas, the Town Manager of the Town of Fountain Hills is authorized and empowered by Town Code § 3-1-1(H) to execute contracts for professional services; Now therefore, in consideration of mutual promises and obligations set forth herein the parties hereto agree as follows: Article 1. SCOPE OF SERVICES Architect shall provide the services described in the attached Exhibit A in addition to all services described in this section. Architect shall also provide any optional additional services described in the attached Exhibit D. All work will be reviewed and approved by the Contract Administrator to determine acceptable completion. Review and approval by the Contract Administrator shall not relieve Architect of any liability for improper, negligent or inadequate Le services rendered pursuant to this contract. 1. The Architect shall review the program furnished by the Town to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Town. 2. The Architect shall provide a preliminary evaluation of the Town's program,schedule and construction budget requirements. 3. The Architect shall review with the Town alternative approaches to design and construction of the Project. 4. Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Town, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 5. The Architect shall submit to the Town a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 6. Based on the approved Schematic Design Documents and any adjustments authorized by the Town in the program, schedule or construction budget, the Architect shall prepare, for Library/Museum Design Contract Page 1 of 10 approval by the Town, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 7. The Architect shall advise the Town of any adjustments to the preliminary estimate of Construction Cost. 8. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Town, the Architect shall prepare,for approval by the Town,Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 9. The Architect shall assist the Town in the preparation of the necessary bidding information,bidding forms, the Conditions of the Contract, and the form of Agreement between the Town and Contractor. 10. The Architect shall advise the Town of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 11. The Architect shall assist the Town in connection with the Town's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 12. The Architect, following the Town's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Town in obtaining bids of negotiated proposals and assist in awarding and preparing contracts for construction. Article 2. FEES 1. The amount paid to Architect under this contract is for time and materials, including reimbursable expenses for services described in Exhibit A shall not exceed one hundred fifteen thousand dollars ($115,000). The amount paid to Architect under this contract for time and materials, including reimbursable expenses for services described in Exhibit D shall not exceed twenty-five thousand dollars ($25,000). 2. Monthly payments may be made to the Architect on the basis of a progress'report prepared and submitted by the Architect for the work completed through the last day of the preceding calendar month. The Payment Schedule is attached as Exhibit B. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Architect on a monthly basis. Architect shall maintain all books, papers documents, accounting Library/Museum Design Contract Page 2 of 10 records and other evidence pertaining to such monthly billings and shall make such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be accompanied by such documentation as the Contract Administrator may require to make his determination of work performed and payment due. Article 3. TOWN'S RESPONSIBILITIES 1. The Town shall provide full information regarding requirements for the Project, including a program which shall set forth the Town's objectives, schedule,constraints and criteria, including space requirements and relationships, flexibility,expandability,special equipment,systems and site requirements. 2. The Town shall establish and update an overall budget for the Project, including the Construction Cost,the Town's other costs and reasonable contingencies related to all of these costs. 3. The Town shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys,pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments,zoning,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4. The Town shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values,percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 5. The Town shall furnish the services of other Architects when such services are reasonably required by the scope of the Project and are requested by the Architect. 6. The Town shall furnish structural,mechanical,chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports g required by law or the Contract Documents. �r 8. The services, information, surveys and reports required in this article shall be Library/Museum Design Contract Page 3 of 10 furnished at the Town's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 9. Prompt written notice shall be given by the Town to the Architect if the Town becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 10. The proposed language of certificates or certifications requested of the Architect or Architect's Architects shall be submitted to the Architect for review and approval at least fourteen (14)days prior to execution. The Town shall not request certifications that would require knowledge or services beyond the scope of this Agreement. Article 4. TERM OF CONTRACT 1. This contract shall be in full force and effect only when approved by the Town Council of Fountain Hills, Arizona and signed by its Town Manager as attested by the Town Clerk. 2. The Architect shall proceed with the work immediately upon receipt of a notice to proceed issued by the Contract Administrator. All work shall be completed and approved according to the schedule attached hereto as Exhibit E. 3. In the event the work cannot be completed within the time specified within subparagraph 2 above, the Contract Administrator may approve a change order extending the time for completion of the work for such period as the Contract Administrator deems reasonable. A change order extending the time for completion of the work pursuant to this subparagraph shall not entitle the Architect to additional compensation. Article 5. TERMINATION OF CONTRACT The Town has the right to terminate this contract for cause or convenience or to abandon any portion of the project for which services have not been performed by the Architect. 1. In the event the Town terminates this contract or any part of the services as herein provided, the Town shall notify the Architect in writing, and immediately upon receipt of such notice, the Architect shall discontinue all work under this contract. 2. Upon such termination or abandonment, the Architect shall immediately deliver to the Town all drawings, special provisions,field survey notes,reports,estimates and any and all other documents or work product generated by the Architect under the contract,together with all unused ` material supplied by the Town. Architect shall be responsible only for such portion of the work �L. which has been completed and accepted by the Town. Use of incomplete data by the Town shall be Library/Museum Design Contract Page 4 of 10 [[ the Town's sole responsibility. ♦rr 3. Upon receipt of notice of termination, Architect shall appraise work it has completed but has not yet been paid for and shall submit the work and appraisal to the Contract Administrator for evaluation. 4. The Architect shall receive as compensation in full for services performed to the date of such termination or abandonment, a fee for the percentage of services actually completed and accepted by the Town. This fee shall be in an amount to be mutually agreed upon by the Architect and the Town, based upon the scope of work set forth in Exhibit A and the payment schedule set forth in Article 2 hereof. If mutual agreement cannot be reached after reasonable negotiation, the Contract Administrator shall determine the percentage of satisfactory completion of each task set forth in the scope of work contained in Exhibit A and the amount of compensation Architect is entitled to for such work and the Contract Administrator's determination in this regard shall be final. The Town shall make such final payment within 60 days after the Architect has delivered the last of the partially completed items. 5. If for any reason the Architect fails to fulfill in a timely and proper manner its obligations under this contract, or if the Architect violates any of the covenants, agreements, or stipulations of this contract, the Town may withhold from payment due to the Architect such amounts as are necessary to protect the Town's position for the purpose of set-off until such time as the exact amount of damages due to the Town from Architect is determined by a court of competent jurisdiction. Article 6. ALTERATIONS OR ADDITIONAL SERVICES The total scope of Consulting services to be performed in accordance with this contract is set forth in Exhibit A and Exhibit D and, if the Architect is asked to perform services which are not included in this contract they will be considered additional services. The Architect shall not perform such additional services without written authorization in the form of an approved change order from the Town. In the event the Architect performs such additional services without written authorization from the Town, it shall be presumed that the additional services were included in the scope of work set forth in this contract and the fees specified herein and Architect shall not be permitted to request or receive any additional compensation for such additional services. Article 7. ASSIGNMENT AND SUBCONTRACTING 1. The contract may not be assigned in whole or in part without the prior written consent Library/Museum Design Contract Page 5 of 10 of the Contract Administrator. 2. The Architect may engage such subconsultants or professional associates as necessary or desired for the timely and successful completion of this contract. However, the use of such subconsultants or professional associates for the performance of any part of the work specified in Exhibit A or in Exhibit D shall be subject to the prior approval of the Town. Architect will submit a complete list of subconsultants on Exhibit C. Employment of such subconsultants or professional associates in order to complete the work set fort in Exhibit A or in Exhibit D shall not entitle Architect to additional compensation beyond that set forth in Article 2 hereof for completion of the work specified in Exhibit A and Exhibit D. Architect shall be responsible for and shall warrant all work delegated to such subconsultants or professional associates. Article 8. COMPLETENESS AND ACCURACY The Architect shall be responsible for and shall warrant the completeness, accuracy and quality of all work done pursuant to the contract including,but not limited to reports, survey work, plans, supporting data and special provisions prepared or complied pursuant to Architect's obligations under this contract and shall correct at his expense all errors or omissions which may be ihov discovered therein. The fact that the Town has accepted or approved the Architect's work shall in no way relieve the Architect of any responsibilities. Article 9. OWNERSHIP OF DOCUMENTS 1. The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Town shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Town's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Town or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, \iq except by agreement in writing and with appropriate compensation to the Architect. 2. Submission or distribution of documents to meet official regulatory requirements or L. for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. Library/Museum Design Contract Page 6 of 10 3. The Architect shall have the right to include representations of this design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Town's confidential or proprietary information. The Town shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. Article 10. INDEMNIFICATION The Architect shall defend, indemnify and hold harmless the Town and any of its departments, agencies, officers or employees from all damages, claims or liabilities and expenses (including attorneys fees) arising out of or resulting in any way from the performance of professional services for the Town and caused by any error, omission or negligent act of the Architect or anyone for whose acts the Architect is legally liable. Article 11. INSURANCE 1. The Architect shall secure and maintain during the life of this contract, insurance coverage which shall include statutory worker's compensation, comprehensive general and automobile liability, and errors and omissions professional liability. The comprehensive general and L., automobile liability limits shall be no less than one million dollars ($1,000,000) combined single limit. The minimum amounts of coverage for Architect's professional liability shall be one million dollars ($1,000,000). In other than errors and omissions professional liability and worker's compensation, the Town of Fountain Hills shall be named as an additional insured. All insurance coverage shall be written through carriers licensed in Arizona, or on an approved non-admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M. Best rating of at least B+7 or through Lloyd's of London. Should coverage be written on a claims-made basis, the Architect shall provide, prior to commencement of any work, an initial certificate of insurance evidencing required coverage limits from date of contract execution through date of policy expiration. Subsequently,a certificate of insurance or a renewal quotation accompanied by evidence of premium payment shall be presented a minimum of fifteen (15) days prior to date of expiration of current certificate. Such certificate, or evidence of continuous coverage, shall be provided on a periodic basis for a minimum of two (2) years after completion of contract, and shall contain a certification that the claim's period for such insurance is retroactive to the effective date of this contract. In the event the Architect fails to provide such certificate of coverage retroactive to the beginning date of this contract, the Town may, but shall not be required to, purchase insurance, if Library/Museum Design Contract Page 7 of 10 available, to protect itself against any losses which would have been covered by the errors and ,,. omissions policy Architect is required to maintain under this article. If the Town elects to purchase the insurance under this provision, Architect shall be liable to the Town for all costs incurred by the Town for purchasing such insurance. 2. The Architect shall submit to the Town a certificate of insurance evidencing the coverage and limits stated in the foregoing paragraph within ten (10)days of award of this contract. Insurance evidenced by the certificate shall not expire,be canceled, or materially changed without thirty(30) days prior written notice to the Town, and a statement to that effect must appear on the face of the certificate and the certificate shall be signed by a person authorized to bind the insurer. The amount of any errors and omissions deductible shall be stated on the face of the certificate. The Contract Administrator may require the Architect to furnish a financial statement establishing the ability of Architect to fund the deductible. If in the judgement of the Contract Administrator the financial statement does not establish the Architect's ability to fund the deductible, and no other provisions acceptable to the Contract Administrator are made to assure funding of the deductible, the Contract Administrator may,in his sole discretion,terminate this contract without further liability L. to the Town. Article 12. ATTORNEYS FEES In the event either party brings any action for any relief, declaratory or otherwise, arising out of this contract, or an account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgement. L Library/Museum Design Contract Page 8 of 10 Article 13. CONFLICT OF INTEREST Pursuant to the provisions of A.R.S. § 38-511, the Town may cancel any contract or agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing,drafting or creating the contract on behalf of the Town is at any time while the contract or any extension thereof is in effect an employee of any other party to the contract in any capacity or a Architect to any other party to the contract with respect the subject matter of the contract. Article 14. PRIOR COMMITMENT The contract constitutes the entire understanding of the parties and no representations or agreements oral or written, made prior to its execution shall vary or modify the terms thereof. Article 15. GOVERNING LAW This contract shall be governed and interpreted according to the laws of the State of Arizona. Article 16. AMENDMENTS Any amendment,modification or variation from the terms of this contract shall be in writing and signed by all parties hereto. Article 17. ADDITIONAL WARRANTIES AND DISCLOSURES BY ARCHITECT 1. The Architect shall reveal fully and in writing any financial or compensatory agreements which the Architect has with any prospective contractor prior to the Town's publication of requests for bids for construction. 2. The Architect hereby warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Architect to solicit or secure this agreement, and that the Architect has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Architect any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. 3. The Architect shall comply with Executive Order No. 11246 entitled "Equal Opportunity Employment" as amended by Executive Order no. 11375, and supplemented Department of Labor Regulations 41 CFR, Part 16. Article 18. COMPLIANCE WITH LAW The Architect specifically agrees that in the performance of the services rendered hereunder by Architect or anyone acting on their behalf, Architect will comply with all state, federal and local Library/Museum Design Contract Page 9 of 10 statues, ordinances and regulations, and will obtain all permits and licenses applicable for (kkw performance under this agreement. Article 19. CONTRACT ADMINISTRATOR The Town's Contract Administrator for this contract shall be the Town Manger or his designee(s). IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first written above. FO TOWN OF AIN HILLS Sharon Morgan,M yor ATTEST: Ct44.41Q5 Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: P William E. Farrell, Town Attorney F• ' HOFMANN-DIETZ ARCHITECTS // A) Rob Dietz (Title) STATE OF ARIZONA } } ss County of Maricopa } Subscribed and sworn to before me by a person known to me as Rob Dietz in the County of Maricopa and State of Arizona this 74-k- day of July, 1999. My Commission Expire: ry — / 7 Q Notary Public, A ' • • ti_ �R^iw OFFI �,7p LINDA D. LEMMEN • '4` Not MA ICO.8ftl�of�ytaotr '". ,. . M�Nico��wuHrr My own.soYos A 17,toot Library/Museum Design Contract Page 10 of 10 EXHIBIT 'A' to CONTRACT (ilkw (Lunt/dry/MUSEUM) between TOWN OF FOUNTAIN HILLS and HOFMANN-DIETZ ARCHITECTS, LTD. SCOPE OF DESIGN SERVICES 1. Review of Owner-Supplied Building Program 2. Develop A/E Design Schedule 3. Cost Estimates at Schematic, Design Development and Construction Document Phases 4. Coordination of Town-furnished Surveys, Legal Descriptions, Geotechnical Reports, Environmental and Hazardous Materials Tests, etc. 5. Furnish Architectural Services for all Phases 6. Furnish Civil Engineering Services for all Phases 7. Furnish Landscaping Design Services for all Phases 8. Furnish Structural Engineering Services for all Phases 9. Furnish Mechanical Engineering Services for all Phases 10. Furnish Plumbing Engineering Services for all Phases 11. Furnish Fire Protection Engineering Services for all Phases 12. Furnish Electrical Engineering Services for all Phases 13. Furnish Special Systems Engineering Services for all Phases 14. Submit Drawings and Specifications to all Regulatory Agencies for Review and Approval: 15. Coordinate Advertisement for Bids with Town 16. Issue Construction Documents for Bidding 17. Issue Addenda for Contractors during Bidding 18. Receive Bids, Analyze Bids and Make Recommendations to Town Regarding Bids EXHIBIT 'B' to CONTRACT (LIBRARY/MUSEUM) between TOWN OF FOUNTAIN HILLS and HOFMANN-DIETZ ARCHITECTS, LTD. PAYMENT SCHEDULE I. ARCHITECTURAL DESIGN SERVICES A. Schematic Design $ 32,000 B. Design Development $ 18,000 C. Construction Documents $ 65,000 Subtotal $115,000 II. CONSTRUCTION ADMINISTRATION SERVICES (if exercised) A. Construction Administration $ 25,000 NOTES: 4 � 1. Architectural Design Services payments will be billed on a monthly payment method based on a percentage of completion of each identified phase. 2. Construction Administration Services (if exercised) will be billed based on a percentage of completion of the construction contract. 3. The only reimbursable cost would be printing costs for Drawings & Specifications required for bidding. EXHIBIT 'C' to CONTRACT (LIBRARY/MUSEUM) between TOWN OF FOUNTAIN HILLS and HOFMANN-DIETZ ARCHITECTS,LTD. CONSULTANTS CIVIL KEITH W. HUBBARD ENGINEERS 625 N. Gilbert Road, Suite 106 Gilbert,Arizona 85234 (480) 892-3313 LANDSCAPE G.K. FLANAGAN ASSOCIATES 4646 N. 34th Place Phoenix, Arizona 85018 (602) 912-9691 STRUCTURAL PARAGON STRUCTURAL DESIGN,INC. 411 N. Central Avenue, Suite 800 Phoenix, Arizona 85004 (602) 258-0011 MECHANICAL/PLUMBING KRAEMER ENGINEERING,INC. 5727 N. 7th Street, Suite 303 Phoenix,Arizona 85014 (602) 285-1669 ELECTRICAL McGREW ENGINEERING,INC. 7310 N. 16t Street Phoenix, Arizona 85020 (602) 331-0114 EXHIBIT 'D' to CONTRACT (1111, (LIBRARY/MUSEUM) between TOWN OF FOUNTAIN HILLS and HOFMANN-DIETZ ARCHITECTS, LTD. SCHEDULE I. A. Program Evaluation June 16, 1999 B. Development of Schedule& Conceptual Estimate June 16, 1999 C. Town Review of Schedule&Estimate June 17, 1999 D. Schematic Design(Site, Floor Plans, Elevations, Estimate) August 2, 1999 cr II. A. Design Development (Civil, Landscaping, Architectural, Structural, Mechanical, Plumbing, Electrical Development& Estimate) August 3, 1999 III. A. Construction Documents& Specifications November 1, 1999 for Bidding&Estimate B. Release Drawings for Bidding November 2, 1999 C. Receive Bids December 2, 1999 D. Evaluate Bids December 2—January 31,2000 E. Award Contract February 3,2000 F. Notice to Proceed February 7,2000 IV. A. Construction 14Months B. Substantial Completion January 7,2001 C. Move-In January 8—February 14,2001 D. Final Completion February 14,2001 E. Dedication April 7,2001 LEASE MANAGEMENT AGREEMENT This agreement made this first day of July, 1999, by and between the Town of Fountain Hills, a municipal corporation of the State of Arizona, hereinafter known as town ("Town") and the Fountain Hills Civic Association, a nonprofit corporation of the State of Arizona, hereinafter known as association ("association"). WHEREAS, the parties hereto have since entered into an Agreement as to the Lease of certain real property and desire to renew said Management Agreement and reduce to writing their respective continued understandings and obligations and do therefore agree as follows: 1. Town is the owner of certain real property and certain personal property commonly known as the Community Center located at 11445 North Saguaro Boulevard, Fountain Hills, Arizona. 2. The Association is presently officed in the Community Center and has had considerable experience in the rental of the facilities. 3. That the Town wishes to continue engaging the services of the Association as their exclusive rental agent for the renting and use of the Community Center and the Association in addition to the other terms provided for herein shall continue to maintain an office upon the premises of the Community Center. 4. That the Association shall continue to collect all fees in connection with the renting of the Community Center and shall continue to account for and transfer same to the Town on a regular basis not less than once per week during the course of this Agreement. 5. That the Town shall continue to be responsible for all costs of any nature relative to the operation and maintenance of the Community Center but that the Association shall not have the authority to expend said funds in any amount in excess of $50.00 without prior authorization from the Town. All purchases will follow the purchasing procedure as outlined in the Town Code. 6. That, in addition to the lease space which shall be provided to the Association by the Town at no cost, the Town shall also pay to the Association the sum of$37,400 per year payable in 12 equal monthly installments of$3,116.66. 7. Town shall continue to promulgate all written rules and forms required for the use of the Community Center by those seeking to rent it and the Association shall continue to provide said rules and use said forms in connection with its management of the Community Center. 8. The term of this Agreement shall be from the day and date first written above until June 30, 2000, and thereafter may be renewed on an annual basis with the expressed mutual consent Lease Management Agreement 99/00 Page 1 of 3 of both parties. (kw 9. That the Association shall continue to be solely responsible from its own funds and those provided in paragraph 6 above for the payment of any kind to any employee or volunteer used by the Association in connection with the rental of the Community Center. The parties both acknowledge, agree and understand that no employee or volunteer of the Association is either an employee or volunteer of the Town nor shall the Town have any authority to direct or control the work activities of any Association, employee or volunteer. The Association agrees, however, that the employee(s) of the Association, in conjunction with their regular management duties, will be available to assist the Parks and Recreation Department in planning and coordination of programs to be held at the Center. 10. The parties agree that each shall maintain general liability insurance in an amount not less than $1,000,000.00 for bodily injury and property damage. Each shall indemnify and hold harmless the other from liability resulting from the acts of any nature caused by the employees, agents or volunteers of either party. 11. After July 1, 2000, this Agreement may be terminated without cause by either party upon the presentation in writing of a letter of intent to terminate at least 90 days prior to the date upon which termination is to become effective. 12. Both the Association and the Town may continue to use the facility known as the Community Center without the payment of a rental charge subject only to prior paid rentals as determined from the records maintained by the Association, or contract arrangements. 13. The Association shall continue to provide to the Town such reports and information as is requested by the Town and shall make available to the Town for its inspection all records in connection with the management and leasing of the Community Center. All notices called for herein shall be mailed by first class mail postage prepaid to Town: Town of Fountain Hills Attention: Town Manager Town Hall 16836 E. Palisades,Bldg. C Fountain Hills, AZ 85268 To Association: Fountain Hills Civic Association 11445 N. Saguaro Blvd. P.O. Box 18254 Fountain Hills, AZ 85269 Lease Management Agreement 99/00 Page 2 of 3 TOWN OF FOUNTAIN ILLS By: Sharon Morgan,Ma or ATTEST: /14-t1Q5 Cassie B. Hansen, Town Clerk REVIEWED BY: Paul . Nordin,Town Manager APPROVED AS TO FORM: Wi liam E. Farrell, Town Attorney FOUNTAIN HILLS CIVIC ASSOCIATION By: ally Hson,President ATTEST: i FOUNTAIN HILLS CIVIC ASSOCIATION 4s��l�Ov Barbara Hansen, Secretary Lease Management Agreement 99/00 Page 3 of 3 Law Offices Of WILLIAM E. FARRELL, P.L.L.C. Telephone (602) 661-6044 Suite 220 Facsimile (602) 661-7454 William E. Farrell 10135 East Via Linda Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: May 19, 1999 RE: Resolutions 1999-32 The Mayor and the President of the Fort McDowell Community have met on several occasions over the past few months to discuss the acquisition of Sections Two and Three being that land immediately north and east of our existing town limits. The land is bordered on the east by the Fort McDowell Community. The Fort McDowell Community Council is currently studying this issue and has expressed an interest in knowing the position of the Town as far as the acquisition and uses of the property. The meetings have indicated that both communities are very interested in the permanent preservation of the area and the purpose of the attached resolution is to the express that interest and intention to the Fort McDowell Community. The only real specific action item in the resolution is direction to the office of the Town Attorney to meet with the attorneys for the Community and begin the drafting of documents which will then be reviewed and perhaps authorized by the Community Council and the Town Council at a future date. As always I would be more than happy to answer any questions you might have regarding this resolution or other matters concerning these two sections of state owned land. Respectfully submitted, William E. Farrell Town Attorney L RESOLUTION 1999-32 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,EXPRESSING ITS POSITION OF COOPERATION WITH THE FORT MCDOWELL/MOHAVE APACHE INDIAN COMMUNITY IN THE ACQUISITION AND PERMANENT PRESERVATION OF TWO SECTIONS OF STATE OWNED LAND IMMEDIATELY ADJACENT TO THE TOWN AND THE COMMUNITY. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the State of Arizona currently owns two sections of land known as Sections Two and Three in Township Three North Range Six East, Gila and Salt River Basin Meridian (G.S.R.B. & M.) and that the sections of land will be made available for acquisition. Section 2. That the two sections of land border the boundaries of the Fort McDowell/Mohave Apache Indian Community and the Town of Fountain Hills. Section 3. That it is the belief of the Town that both the Town and the Community desire to take those steps and do those things necessary to acquire said land for the purposes of permanent preservation. Section 4. That the Town Council wishes to express to the Community Council its desires to work together towards this goal and that the Town Staff is instructed to meet with Community Staff to prepare documents as well as a mission statement necessary to go forward for review and approval by the Community Council and the Town Council. Section 5. That the Town Attorney is specifically directed to contact the attorney for the Community and to prepare drafts of those documents necessary to be reviewed by both governing bodies. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 15t day of July, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: haron Morgan, ay r Cassie B. Hansen,Town Clerk REV WED BY: APPROVED AS TO FORM: //(7L __. 717,v e e24 Paul L. Nordin, Town Manager William E. Farrell, Town Attorney Resolution 1999-32 1 McDowell' Position Statement: July 1, 1999 As a former member of the MMPC & chair of the committee to pass the $6 million preservation bond, I believe my preservation credentials are secure. Vice Mayor Mower is the source of the Mower amendment, a strong& effective mechanism in our preservation efforts. Four of us were members of a previous Council petitioning the state to place the 1320-acre parcel to our north into preservation status for 5 years while we, together with our Fort McDowell neighbors&the McDowell Park Association, try to find the funds to acquire it as a permanent preserve. Several members were involved in structuring& approving ordinances, described by the development community as among Arizona's toughest& most restrictive; &this Council has tonight included$1 million for preservation in the budget for the year beginning July 1. In short: members of this&prior Councils have a solid record in support of preservation! In my 21 years as a resident,there has been no question but that the McDowells would be developed some day. As an owner, MCO has the same 5th amendment property rights as the rest of us. The McDowells will be developed! The only question is how to accomplish it while maintaining the environmental character of the Town, a situation requiring the cooperation of the developer. At the time of the bond election, it had been our hope to acquire land above the 2500 ft level (jeep road)in exchange for developer land& density transfer incentives to lower levels, while purchasing land below the jeep road with proceeds from the$6 million bond. Unfortunately, unable to obtain sufficient lot count at lower levels, MCO filed for development on a lot-by-lot option basis, as is its right, in order to obtain an economic return on the property. Aware of the preservation concerns of the community, the developer offered to negotiate both preservation&preserve(there is a difference)possibilities with the Town, in exchange for a firm development agreement. As now drafted,the agreement offers a town-owned preserve of 310-acres, the option to acquire 72-acres of wash property at no cost, a disturbance maximum of 195 acres in the entire 1290-acre parcel, limits the number of home sites at 340, caps the amount of disturbance on any single lot, and adheres to Town ordinance& building standards. It is important to realize that without an agreement Town ordinances would allow MCO to legally develop 500 or more sites on the property. In such case, there would be"preservation" in accordance with Town ordinances, but no Town-owned preserve. Some have suggested condemning several hundred acres and allowing the courts to decide the price the Town would pay for the land, suggesting that residents would be willing to raise taxes or bonded indebtedness to handle the additional $millions required to buy the land above the jeep trail. That would be wonderful, if practical. I don't believe it is. Fountain Hills has one of the highest property tax rates in the state&we have recently added to that burden with measures to buy land behind the Fountain, to build a library/museum complex, are considering a bond measure to build a new middle school, and have town office complex, community center& other costly concerns ahead of us. I When recorded return to: Town of Fountain Hills 16836 E. Palisades Blvd. Building C Box 17958 Fountain Hills,AZ 85269 Attn: Town Clerk EAGLES NEST/EAGLE RIDGE NORTH DEVELOPMENT AGREEMENT THIS EAGLES NEST/EAGLE RIDGE NORTH DEVELOPMENT AGREEMENT (the "Agreement"), dated as of the date set forth below, is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and MCO Properties L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona(the "Owner") with reference to the following. A. The Owner is the owner of that real property located in Maricopa County, Arizona consisting of approximately 753.29 acres, as described on Schedule "1" of Exhibit"A" attached hereto ("Eagles Nest") and that real property located in Maricopa County,Arizona consisting of approximately 537.47 acres, as described on Schedule "2" of Exhibit "A" attached hereto ("Eagle Ridge North"). B. Eagles Nest and Eagle Ridge North,consisting of a total of approximately 1290.76 acres, are collectively referred to herein as the "Property." C. The Owner and the Town cooperated in the preparation of the Eagles Nest/Eagle Ridge North Development Plan regarding the Property, approved by the Town Council on , 1999 and attached hereto as Schedule 1 of Exhibit"B" (the "Development Plan"),by Resolution#1999-_,attached hereto as Schedule 2 of Exhibit "B". The Owner and the Town desire that the Property be developed in accordance with the General Plan for the Town (the "General Plan"), the Development Plan, and the Zoning (as defined below). The parties hereto acknowledge that the development of the Property pursuant to this Agreement is consistent with the General Plan and operates to the benefit of the Town, the Owner and the general public. D. The Development Plan establishes, among other things,the location of the Property, land use density,general configurations of lots,parcels, roads and open space areas, and provides for, among other things, the development of housing and open space uses. E. The Official Zoning Districts Map of the Zoning Ordinance for the Town provides that the Property is zoned R1-43 (the "Zoning"). F. The Owner and the Town acknowledge that development of the Property is a project of such magnitude that the Owner reasonably requires assurances from the Town of the Owner's right to complete the development of the Property pursuant to the Development Plan and the terms and conditions C:\WINDOWS\T EM P'M NTN D V A4.W PD 05/20/99.01:11 PM of this Agreement,before it will expend additional efforts and costs in the development of the Property, and the Town requires assurances from the Owner that when it develops the Property, it will do so in accordance with the Development Plan and the terms and conditions of this Agreement. Furthermore, the Town,in order to encourage the development of the Property in this manner,desires to cooperate with the Owner to expedite the approval and granting of building permits, grading permits, site plans, preliminary and final subdivision plats and other development approvals for the Property in accordance with this Agreement (but any such expediting shall be accomplished only in accordance with all municipal and statutory notice requirements). G. The Owner and the Town are entering into this Agreement pursuant to the provisions of A.R.S. §9-500.05 in order to facilitate the development of the Property by providing for, among other things, permitted uses for the Property, and density and intensity of such uses, and any other matters related to the development of the Property. H. The Town and the Owner acknowledge that the development of the Property pursuant to this Agreement will result in significant planning and economic benefits to the Town and its residents by (i)enlarging the tax base and increasing property tax and sales tax collections and other revenues to the Town based on improvements to be constructed on the Property, (ii) creating employment through construction activity on the Property, and(iii)providing open space thereon. I. The Town desires to acquire real property which the Owner intended to be a part of the Eagle's Nest and Eagle Ridge North subdivisions, adjoining other real property within Fountain Hills that the Town currently owns. Liv J. Accordingly, the Owner and Town now desire that, in order to satisfy the Town's goals of preserving and maintaining McDowell Mountain property in conjunction with the parties' interest in development of the Property pursuant to the Development Plan, (i) Owner sell, transfer and convey to the Town (the "Sale") that real property in Fountain Hills, Arizona as more particularly described in Exhibit "C" attached hereto(the"Preserve Property"), and(ii)Owner grant the Town an option of acquire (the "Option")that real property within Eagle Ridge North as more particularly described in Exhibit"D" attached hereto (the "Option Property"), in accordance with the terms and conditions of this Agreement. K. Owner and Town also desire that in the event the Sale is not concluded,that Owner shall be entitled to develop Eagle's Nest and Eagle Ridge North in accordance with the terms and conditions of this Agreement. NOW,THEREFORE, in consideration of the foregoing and the mutual promises and agreements set forth herein, the parties agree as follows: 1. Zoning and Development Rights. a. Zoning Status. (i) All Zoning with respect to the Property is deemed to be "vested" from the effective date hereof and shall continue for the period of time provided below. "Vesting," "vested" or "vest" as used in this Agreement shall mean that the Town shall not, without the Owner's consent, a) change the Zoning to a more restrictive zoning district or zoning classification, or b) reduce the C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01.11 PM -2- L .2 66/I/L uauJAM f luatuaatAu Iuauidojanap aquo poddns ut alon tip I jAj1ua.unouoo jja-2i.i0J Sut&ad ag `A unuiuioo SutuIa1sns Jjas `paouBtaq AIiaoigda.i ouiap a Sunaaao `sigSu Apado.id a4anud Sutpadsa.i`Auiouooa jagoiS a ui aiaduioo wimp.ino Suiwonpa `umos aq1 Jo.iaPJ Io LB1.uauiuo.itnua al4 Supuasa.id ui sail aSuajlago aq j •paaga snaic alp ut sagtuniioddo ag suialgo.id jo Agin xalduioo a giim pap 1snui sllIH uiaiunod •ang o1 aowjd poow a it 8uplaui `A1iunuiiuoo ag pond a off.anlan duuq o1 pa1a igaiui aq uao 1uauidojanap ag ands uado moq ui Suuoioa3 `lxaluoo oiuiouooa ag p oiSol a ui magi amid A.iassaoau si `aoijo olgnd But jags asog1 Jo sp.iomzznq mau&leui po auo si «uopan iasa id, atigM IlBtuo�sn aiopaq ivaumoop pasinaJ aqi ut panlosaa AlquionaJ wag anal suoiloafgo asog1 Jo LIB Isouzld •fcau.ioww umo j as,.iaSuum umoi all Aq pajv o1 paluasaid 1uauinoop ua11UmadI1 aSad-t,a ui paoton aiam suoiloafgo umo Aj, •4unuiuioo aqI ui Auulu ag pounoa sig1 uo manna o4 ajquidaooaun sem pa11tuigns Duip 3s.ig aqs ..rear a uagl.wow ioj ssaooid SugatioSau lnJutad ag Atniluai a gBno.iqi uaaq sal 1.uauiaa iSu 4uauidolanap a4Z jajogm aq1 ,Jo Ixa3uoo aq1 ui pag8tam aq luau qna inq `laui aq uao saffuallago asal1 Jo jja 1Bq;anagaq development rights within a zoning classification in a manner which would apply to the Property. Any such action shall be a breach of this Agreement by the Town. (ii) The Zoning shall be and remain vested a) as to Eagles Nest or Eagle Ridge North (individually, an "Area," collectively "Areas"), on which substantial expenditures have been incurred, which expenditures may solely include planning and engineering costs, and for which a governmental permit for development has been granted ("Initial Development"); and b) in any event for all of the Property for not less than ten (10)years from the effective date hereof(the "Initial Vesting Period"). (iii) Following the expiration of the Initial Vesting Period, the Zoning shall remain in place as to those Areas within which the relevant Initial Development has not occurred,but the status of the vesting of the Zoning as to those Areas shall be determined by the statutes and judicial decisions then applicable to Owner's right to develop such Areas in accordance with the Zoning. Areas for which Initial Development was timely commenced shall continue to be vested as provided above. b. Development Plan. (i) The Town has previously approved the Development Plan in all respects. Except as provided in paragraph 1(d)below, when the Property is developed it shall be developed in substantial accordance with the Development Plan, as the Development Plan may be jointly amended by the Owner fObv and the Town from time to time, or otherwise amended as provided herein. (ii) The Owner may develop the Property as set forth in the Development Plan. In connection therewith the Town shall grant all approvals necessary to permit the Owner to implement the Development Plan and develop the Property subject to the Town's timely review and approval of site plans and specifications as more particularly provided in Sections 3(b) and 5(d) herein, as applicable. (iii) The Town shall timely process, in accordance with all applicable notice requirements, and as more particularly provided in Sections 3(b) and 5(d) herein, as applicable, such permits, plans, specifications, plats, plan amendments and/or rezonings of or for all or a portion of the Property which are reasonably consistent with this Agreement, and/or amendments thereof as described herein, as applicable. c. Density. (i) The parties acknowledge that Owner, and its successors and assigns,have agreed to develop no more than 340 residential units on the Property, which the parties acknowledge is a material decrease from a maximum of 1290 units previously contemplated by the Zoning and the Town's General Plan. (ii) The Development Plan presently indicates the residential unit counts within each Area. So long as the maximum number of units for the Property is not exceeded, and Owner does not request the transfer of densities pursuant to subparagraph (iii) below, Owner may, as of right: C:\WINDOWS\TEMPVvINTNDV A4.W PD 05/20/99.01.11 PM -3- a) develop any Area with the number of units permitted by such unit counts; and b) also develop any Area with fewer units than permitted by such unit counts. Except for customary ministerial approvals of applications by Developer for subdivision plats and other permits, no approval of the Town or its departments or officials shall be required in connection with Owner's exercise of its right to vary unit counts as set forth in this subparagraph (ii). (iii) In addition to such amendments to this Agreement and the Development Plan as elsewhere provided herein: a) So long as the total number of single family lots for the entire Property does not exceed 340, the configuration of lots within the Areas is approved by the Town, which approval shall not be unreasonably withheld, and the Area remains in conformity with the Zoning, then the Owner may increase the maximum number of units within an Area by up to ten percent(10%), and may decrease the maximum number of units in the other Area by an equal amount. The foregoing amendment shall be effective upon the approval of the Town Representative (as defined below), or in the event of his/her disapproval,upon the approval of the Town Planning and Zoning Commission, or in the event of its disapproval, upon the approval of the Town Council; and b) So long as the maximum number of units permitted for the entire Property hereunder is not exceeded, and the configuration of lots within the Areas is approved by the Town, which approval shall not be unreasonably withheld, the Owner may apply to the Town for any greater transfer of units within the Property from a part or parts of the Property to another part or parts of the Property. The Town Representative, Planning and Zoning Commission, and Town Council, as applicable, shall timely consider such applications, as more particularly provided in Sections 3(b) and 5(d) herein, as applicable. d. Other Amendments. [(i) The Town and the Owner acknowledge that as subdivision plats for each area are prepared and submitted to the Town by Developer, other amendments to the Development Plan may be necessary from time to time, to conform it with such subdivision plats. Except as otherwise provided herein, the parties shall make minor changes or adjustments to the Development Plan through administrative amendments approved by the Town Representative. Any such changes or adjustments shall, after execution, be attached to the Development Plan as an addendum and become a part hereof, and may be further changed and amended from time to time as necessary,with the approval of the Town and the Owner. Unless otherwise required by law, no such minor changes or adjustments shall require prior notice or hearing.] (ii) All major changes or amendments to the Development Plan,or subdivision plats contemplated thereby, and zoning amendments, if any, shall be reviewed by the Planning and Zoning Commission and approved by the Town Council. The following are major changes or amendments: C:\WINDOWS\TEMPVvtNTND V A4.W PD 05/20/99.01:11 PM -4- a) Substantial changes to the permitted uses of the Property,from those uses permitted by the Development Plan or Zoning; and b) An increase in the density or intensity of use or number of dwelling units, except for density transfers as provided in Paragraph 1(c). (iii) The parties shall cooperate to timely process any minor or major amendments to the Development Plan, zoning amendments, and any amendments to subdivision plats, as more particularly provided in Sections 3(b)and 5(d)herein,as applicable. The Owner and the Town agree that any such amendments shall be incorporated by this reference into this Agreement with the same force and effect as if set forth herein and shall not require corresponding amendment to this Agreement. e. Subdivision Ordinance Section 305 Approval: Cul-de-sac Streets. (i) The parties acknowledge that The Subdivision Ordinance of the Town of Fountain Hills(the"Subdivision Ordinance") Section 305(A)(3)(b)provides for the maximum length of cul-de-sac streets built to local and hillside-local road standards and the number of lots served by such cul-de-sac streets (collectively the "Cul-de-sac Standards"). (ii) The parties acknowledge that development of the Property, as approved by the Town, allows cul-de-sac streets to be developed with unit counts that exceed the Cul-de-sac Standards. (iii) The Town agrees that the Cul-de-sac Standards are accordingly waived with respect to the development of the cul-de-sac streets generally configured, and developed with the respective number of units, as provided in the Development Plan. f. Subdivision Ordinance Section 305 Approval: Road Standards. (i) The parties acknowledge that Subdivision Ordinance Section 305 Table 1, and Exhibits 4 through 6, set forth certain road standards (collectively, the "Table 1 Road Standards"). (ii) The Development Plan approved by the Town incorporates a) road standards set forth in Sections VI and VII of that certain Traffic Impact Analysis Addendum Eagle's Nest,prepared by Kimley-Horn and Associates, Inc., dated March 1999, and on the Development Plan, to be applicable to the development of Eagle's Nest, and b) road standards set forth in Sections VI and VII of that certain Traffic Impact Analysis Eagle Ridge North, prepared by Kimley-Horn and Associates, Inc., dated March 1999, and on the Development Plan, to be applicable to the development of Eagle Ridge North (collectively, the "Development Plan Road Standards"). (iii) The parties agree that the Development Plan Road Standards shall be applicable to the development of the Property, and the Town agrees that the Table 1 Road Standards are accordingly waived with respect to the development of the Property. g. Subdivision Ordinance Section 503 (D) Approval. Pursuant to Section 503 (D) of the Subdivision Ordinance,the Town Council hereby approves all cut and fill waivers necessary to construct the streets and roads serving the Property and fully develop the lots in the Property, as such cuts and fills C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01.11 PM -5- are(i)shown by the Development Plan or(ii) approved by the Town Engineer, which approval shall not be unreasonably withheld, h. Disturbance Allowance Procedures and Subdivision Ordinance Sections 504(A),(G)and (H)Approval. (i) The parties acknowledge that Subdivision Ordinance Section 504 sets forth provisions allowing hillside disturbance within subdivisions. (ii) The Town hereby approves development of the Property with an average lot disturbance of 25,000 square feet per lot, or a total of 195.13 acres (the "Disturbance Allowance"). (iii) The parties hereby adopt the following procedures (the "Disturbance Allowance Procedures") to implement the Disturbance Allowance permitted for the Property: a) The Disturbance Allowance shall be allocated by Owner among the lots within the Property, in order to allow development of the Property with the density and intensity permitted by the Development Plan. b) The total area of Disturbance Allowance for each lot shall be calculated by Owner. The Town Representative shall have the right to approve such calculations, which approval shall be reasonably provided as more particularly set forth in Sections 3(b) and 5(d) herein as applicable. c) Prior to approval of each Preliminary Plat within the Property, Owner shall provide to the Town its calculations to show that the applicable Preliminary Plat conforms with the allocations of Disturbance Allowance pursuant to Section 1(i)(iii)(a) of this Agreement. The calculated Disturbance Allowance for each lot shall be set forth on the applicable final plat. In the event the total Disturbance Allowance within the final plat is less than the allocated Disturbance Allowance pursuant to Section 1(i)(iii)(a) and (b), the unused Disturbance Allowance may be allocated by Owner among other real property owned by Owner. Owner shall have the same rights with respect to such reallocated Disturbance Allowance as with any other Disturbance Allowance. d) The Disturbance Allowance within a lot may be located within any reasonable area of the lot, as established by the site plan approved by the Town in connection with the building permit issuance. e) Notwithstanding the provisions of Section 1(i) hereof, the Disturbance Allowance for those twenty four(24) lots within Eagles Nest as set forth on Exhibit "E" hereof(the "HPE Lots") shall established as follows. A preliminary disturbance envelope of 50,000 square feet for each HPE lot shall be shown on the Eagles Nest final plat, and the balance of each HPE lot, which is not exempt from the provisions of Subdivision Ordinance Section 504, shall be encumbered with an easement(the "Hillside Protection Easement"). The terms of each Hillside Protection Easement shall be in the form set forth on Exhibit"F" hereof. Any development within an HPE lot shall total the allocated Disturbance Allowance for such lot, and be located outside of the area encumbered by the Hillside Protection Easement. The property owner of each HPE Lot shall, concurrently with the issuance of the building permit for such lot, record an additional C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01.11 PM -6- Hillside Protection Easement,covering all portions of such HPE Lot where development permitted by the Disturbance Allowance is not located, and which are not exempt from the provisions of Subdivision Ordinance Section 504. f) In the event the actual Disturbance Allowance within a plat, established by the site plan approved by the Town in connection with building permit issuance,is less than the calculated Disturbance Allowance for such plat set forth on the applicable final plat, the unused Disturbance Allowance may be allocated by Owner among other real property owned by Owner. Owner shall have the same rights with respect to such reallocated Disturbance Allowance as with any other Disturbance Allowance. g) The parties acknowledge that any additional disturbance area required to accomplish the following shall not be deducted from the Disturbance Allowance for the Property: i) "rounding" the points where cut slopes meet natural grade to blend with undisturbed terrain and avoid a "sharp edge" appearance; ii) revegetation of disturbed areas within a lot with reasonably similar intensity and type plant material as growing within the adjacent undisturbed areas; and iii) maintenance of a lot, i.e. the removal of dead or diseased plant material, removal of combustible grasses, and/or addition of drought tolerant plantings within the front yard or side street yard. h) The Town agrees that the provisions of Subdivision Ordinance Section 504 are waived with respect to the development of the Property pursuant to the Disturbance Allowance Procedures. Subdivision Ordinance Section 504(E)Approval. (i) The parties acknowledge that a) Section 504(E) of the Subdivision Ordinance provides for fencing(as set forth in Subdivision Ordinance Section 504(E)(1)),or disturbance buffers(as set forth in Subdivision Ordinance Section 504(E)(2)), in order to protect "an area at least equal to the hillside protection requirements of the lot,parcel or tract," and b) Subdivision Ordinance Section 504(B) provides that "[d]isturbance within street rights-of-way...shall be exempted from the horizontal hillside disturbance limitations of this ordinance." (ii) The Town agrees that accordingly, Section 504(E) is not applicable to development of the street rights-of-way on the Property. (iii) The Town hereby 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 504(E) and accordingly in compliance with said section. j. Town Regulation of Development. The rules, regulations, fees, and official policies of the Town applicable to and governing the development of the Property shall be those rules,regulations, and official policies which are existing and in force for the Town as of the date of the recording of this Agreement. 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 the following: C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:I 1 PM -7- (i) future land use rules, regulations and official policies of the Town that are consistent with and not contrary to the Zoning and the Development Plan, that are consistent with the vesting of the Zoning as provided in Paragraph 1(a) and that do not: a) decrease the development potential of the Property; b) require any additional infrastructure improvements or dedications in connection with the development of the Property, except as agreed to by the parties pursuant to amendment of the Development Plan; c) limit or adversely affect the rate, timing or sequencing of development of the Property; or d)limit or adversely affect the uses,number and density of dwelling units or intensity of development; (ii) 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 Agreement, such affected provisions of this Agreement shall be modified as may be necessary in order to comply with such state and federal laws and regulations; and (iii) 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 persons and entities similarly situated as determined by the Town in its reasonable discretion. To the extent that any new or amended rules,regulations,or official policies of the Town not specifically enumerated in subparagraphs (i), (ii) and (iii) above conflict with the Development Plan, then the Development Plan and the Zoning shall control. k. No Moratorium. The parties hereby acknowledge and agree that the Development Plan contemplates and provides for the phasing of the development of the Property and no Town moratorium, ordinance, resolution or other land use rule or regulation or limitation on the rate, timing or sequencing of the development of the Property or any portion thereof shall apply to or govern the development of the Property during the term hereof, whether affecting parcel or subdivision maps,building permits,grading or grading permits,occupancy permits or other entitlements to use issued or granted by the Town,except as otherwise provided in Paragraph 1(j)or as permitted pursuant to A.R.S. § 9-463.06 in effect as of the date hereof. The Town and the Owner recognize and agree that if any action by the Town causes conflict between the provisions of this paragraph 1(k) and paragraph 1(j)(ii), the provisions of paragraph 1(j)(ii) shall control and apply to resolve conflicts. Except as provided above, the Owner shall continue to be entitled to apply for and receive approvals for the implementation of the Zoning and the Development Plan, which shall be reasonably and timely granted to Owner in accordance with the rules, regulations and official policies applicable to and governing the development of the Property existing and in force upon the execution of this Agreement and as more particularly provided in Sections 3(b) and 5(d)herein, as applicable. 1. Municipal Services. The Owner acknowledges that the Town, at the effective date of this Agreement, provides no municipal utility services and the Town has no control over the providing of utility services by other entities and makes no representations with respect to the availability of such utility services. 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. C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:I 1 PM -8- m. No Development Obligation. Nothing contained herein or in the Development Plan shall be deemed to obligate the Owner to commence construction on or complete any part or all of the development of the Property;provided, however, any development that is undertaken by Owner shall be performed in accordance with this Agreement and the Development Plan, as the Development Plan may be amended from time to time. 2. Additional Agreements. a. Property Owners Associations. Prior to sales of lots within an Area,Owner shall create a property owners association for such Area to: (i)Impose architectural and landscaping controls on such Area, pursuant to reasonable design guidelines prepared by Owner and in conformity with Town ordinances with respect to matters applicable to such design guidelines;and(ii)maintain landscaping and monumentation within areas along roadways,or entrance areas, as set forth in the final plat for such Area. The Developer and/or such applicable property owners association, and the Town, shall enter into such agreement as is reasonably necessary to provide for such maintenance,on terms acceptable to the parties. b. Eagle's Nest Administrative Proceedings. The Town agrees that in connection with the Town's approval of the final plat for Eagle's Nest, the Town Council shall complete proceedings pursuant to Subdivision Ordinance Section 208 and the Town shall take such other actions as otherwise may be reasonably required for the following: (i) abandonment of the non-vehicular access easement at the intersection of Mountain Parkway and SunRidge Drive; and (ii) abandonment of such portions of Plat 507E as are located within Eagle's Nest, west of Plat 514. c. Eagle Ridge North Administrative Proceedings. The Town agrees that immediately following the Town's approval of the final plat for Eagle Ridge North,the Town Council shall complete proceedings pursuant to Subdivision Ordinance Section 208 and the Town shall take such other actions as otherwise may be reasonably required for the following: (i) abandonment of the public rights-of-way within such Area; and (ii) administrative approval to gate such Area. d. Purchase of Preserve Property and Option to Purchase Option Property. Pursuant to Resolution 1999-_,upon the date hereof the Town and Owner have entered into that certain Purchase Agreement, whereby Owner agrees to sell and the Town agrees to purchase the Preserve Property (the "Purchase Agreement"). Pursuant to the Purchase Agreement, the sales price for the Preserve Property shall be $6,000,000. From the date hereof through the earliest of (i) close of escrow for sale of the Preserve Property pursuant to the Purchase Agreement or(ii)termination of the Purchase Agreement,the Town shall forebear from commencing, pursuing or completing condemnation or similar proceedings with respect to the Property or any portion thereof. Town and Owner acknowledge that the Purchase Agreement provides that the Town shall have an option to acquire the Option Property, for no additional cash consideration, on the terms provided in the Purchase Agreement. In the event the Town declines to exercise its option to acquire the Option Property, Owner shall within thirty (30) days thereafter dedicate the Option Property to one or more of the property owners association described in Section 2(a) hereof. The conveyance of the Option Property to the Town, for no additional cash consideration, or such property owners associations, shall in any event include provisions prohibiting development of any dwelling structures, trail system or other improvements,excepting roads,bridges or utilities, within such Option Property. C:\WINDOWS\TEMP'MNTND V A4.W PD 05/20/99.01:11 PM -9- e. Trail Head and Trailway System. Following the date hereof, Town and Owner shall cooperate in good faith with respect to the following: (i) identification by the Town of a site for trail head,within McDowell Mountain Regional Park(the "Trail Head Site"),provided that the Trail Head Site identified by the Town, or as later developed, shall not be closer than five hundred (500) feet from the boundaries of any lot within the Property; (ii)identification by the Town of a north-south trailway system, within McDowell Mountain Regional Park, the Preserve Property and other real property owned by the Town (the "Trailway"); and (iii) identification by Owner of access from Mountain Parkway to the Trail Head Site, upon its development (the "Access Corridor"). The configuration and development of the Trailway shall not negatively impact or otherwise unreasonably affect the Property, or lots located thereon. The parties anticipate that a portion of the Access Corridor shall be located on the Property. In the event the configuration of the Access Corridor is reasonably acceptable to the parties, following closing of the sale of the Preserve Property, and development of the Trail Head, Owner shall dedicate to the Town that portion of the Access Corridor within the remaining Property owned by Owner, on terms reasonably acceptable to the parties, provided however such transfer shall include a restriction of any development of the Access Corridor aside from improvements suitable for access to the Trail Head. f. Alternative Provisions. The Town and Owner agree that the consummation of the transactions provided for in the Purchase Agreement are contingent upon the Town obtaining acceptable financing to pay the purchase price, and its approval of the condition of title to the Preserve Property. In the event that the purchase and sale of the Preserve Property(and,if applicable,the Option Property) does not occur on or before August 30, 1999,as a result of the Town's breach of the Purchase Agreement, or the Town's termination of the Purchase Agreement in connection with the contingencies described above, the following provisions shall take effect: ,, (i) Owner shall not be obligated to develop the Property pursuant to the Development Plan. (ii) Owner may withdraw its then pending preliminary plat applications for each Area and thereupon substitute preliminary plat applications for(i) Eagle's Nest, as configured as of the date hereof in that certain preliminary plat application, Case number S98-030 made by Owner to the Town, and(ii)Eagle Ridge North,as configured as of the date hereof in that certain preliminary plat application, Case number S98-031 made by Owner to the Town (collectively, the "Current Preliminary Plats"). In such event, the Town shall continue processing the Current Preliminary Plats from the condition of review in effect as of the date hereof. (iii) Notwithstanding the foregoing, in such event Sections 1(a), 1(b)(iii), 1(e)(iii), 1(f)-(m), 2 (b), 2(c), 3, 4 and 5 hereof shall nevertheless remain applicable to the development of the Property. 3. Cooperation and Alternative Dispute Resolution. a. Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either the Owner or the Town, the Town and the Owner shall each designate and appoint a representative to act respectively on behalf of the Town and its various departments and the Owner, except as otherwise provided in this Agreement or by law. The initial representative for the Town (the "Town Representative") shall be the Town Manager or his designee, and the initial representative for the Owner shall be its Vice President Hank Lickman, or other party, as identified by the Owner from time to time. The representatives shall be available at all C:\WINDOWS\TEMP\MNTNDV A4.WPD 05/20/99.01:11 PM -10- reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Development Plan. The representatives may recommend amendments to the Development Plan or this Agreement which may be agreed upon by the parties, and as required hereunder, such amendments may ratified after public notice and hearing by the Town Council. b. Expedited Town Decisions. The implementation of the Development Plan shall be in accordance with the development review process of the Town. The Town and the Owner agree that the Owner must be able to proceed rapidly with the development of the Property and that, accordingly, an expedited Town review process is necessary. Accordingly, if at any time the Owner believes that an impasse or delay has been reached with the Town staff on any issue affecting the Property, the Owner shall have the right to immediately appeal to the Town Representative for an expedited decision pursuant to this paragraph. If the issue on which an impasse or delay has been reached is an issue where a final decision can be reached by the Town staff,the Town Representative shall give the Owner a final decision within five(5)days after Owner's request for an expedited decision. If the issue on which an impasse or delay has been reached is one where a final decision requires action by the Town Council, the Town Representative shall use its best efforts to schedule a Town Council hearing on the issue within four(4) weeks after Owner's request for an expedited decision;provided,however, that if the issue first requires review by the Town Planning and Zoning Commission, the matter shall be submitted to the Commission within four(4) weeks after Owner's request,for an expedited decision. The Town Planning and Zoning Commission shall act on such matter within four (4) weeks after such submittal. Following action by the Town Planning and Zoning Commission,the matter shall be submitted to the Town Council for timely action. The Town Council shall act on such matter within four (4) weeks after such submittal. Both parties agree to continue to use timely efforts to resolve any impasse or delay pending any such expedited decision. The foregoing expedited review process shall always be subject to notice and hearing procedures required by law. c. Default. Upon a failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement, 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 thirty (30) days after such notice, the party receiving such notice shall be in default hereunder, and the nondefaulting party shall have all rights and remedies which may be available at law or in equity against the party in default hereunder. 4. Notices and Filings. a. Manner of Delivery. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by telephonic facsimile or registered or certified United States Mail,postage prepaid, if to: The Town, the Town Council, and the Town Clerk: Town Clerk Town of Fountain Hills 16836 East Palisades Blvd. Building C P. O. Box 17958 C:\WINDOWS\TEMP\MNTND V A4.WPD 05/20/99.01:11 PM -1 1- Fountain Hills, AZ 85269-7958 (11b, Fax No. (602) 837-3145 with a copy to: Law Offices of William E. Farrell 10135 E. Via Linda, Suite 220 Scottsdale, AZ 85258 Fax No. (602) 661-7454The Owner: MCO Properties Limited Partnership 16838 E. Palisades Blvd. P. O. Box 17795 Fountain Hills, AZ 85269 Attn: Hank Lickman Fax No. (602) 837-1677 with a copy to: MCO Properties L.P. 5847 San Felipe Suite 2600 Houston, TX 77057 Attn: Vice President/Managing Counsel Fax No. (713) 267-3702 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. b. Mailing or Facsimile Effective. Notices,filings,consents,approvals and communications given by mail or facsimile shall be deemed delivered twenty-four(24)hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above, or confirmation of facsimile delivery to the telephone number set forth above. 5. General Provisions. a. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Owner of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. b. Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. c. 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. d. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing,the Town shall timely cooperate and process promptly any requests and applications for plat or permit approvals or revisions, and other C:\WINDOWS\TEMP\MNTND VA4.W PD 05/20/99.01:I 1 PM -12- necessary approvals relating to the development of the Property by the Owner and its successors and assigns, or otherwise required hereunder. e. 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,except as provided with respect to any End User Lot(as defined below)in Paragraph 5(h)hereof. Notwithstanding the foregoing, the Owner's rights and obligations hereunder may only be assigned by a written instrument,recorded in the Official Records of Maricopa County, expressly assigning such rights and obligations. In the event of a complete assignment by Owner of all rights and obligations of Owner hereunder, Owner's liability hereunder for acts occurring after the date of the assignment shall terminate effective upon the assumption by Owner's assignee. Except in connection with sale of an End User Lot, Owner shall notify Town of assignment of any or all of its rights and obligations hereunder; provided, however, that all assignments, including those in connection with paragraph 5(h), shall be effective without the consent of the Town. f. Term. The term of this Agreement shall commence on the Effective Date and except as provided below shall automatically terminate on the tenth (10th) anniversary of such date: provided, however, that during the one (1) year period prior to the automatic termination of this Agreement, the parties shall meet and confer as often as either may reasonably request to determine if, and upon what terms, this Agreement shall be extended. If the parties are able to agree upon an extension, an extension agreement between the parties shall be executed and recorded. If the parties are unable to agree upon such an extension, either party may record a notice of termination of this Agreement to be effective on the tenth(10th) anniversary of the date of execution by both parties. Notwithstanding such termination, the provisions of Paragraph 1(a) shall survive the termination. 4160. g. Covenants Running with the Land. This Agreement is made as part of a common plan for the development of the Property and constitutes a"Development Agreement" as defined in A.R.S. §9- 500.05, and all rights and obligations hereunder shall be considered to run with the land and benefit and burden all owners of all or any portion of the Property, including all owners who acquire title to any portion of the Property subsequent to the execution and recording of this Agreement,except as otherwise provided in Paragraph 5(h). h. Partial Termination Upon Sale to Public. The Town and the Owner hereby acknowledge and agree that, except as provided herein with respect to the Disturbance Allowance Procedures, this Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property as to End User Lots. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property,this Agreement shall terminate,except as provided herein with respect to the Disturbance Allowance Procedures, without the execution or recordation of any further document or instrument as to any lot(an "End User Lot") which has been finally subdivided and individually sold or leased (for a period of longer than one year) or sold to the end purchaser or user thereof. Upon such sale or long term lease, such End User Lot shall be released from, and no longer be subject to or burdened by, any obligations under of this Agreement other than those provided herein with respect to the Disturbance Allowance Procedures. Notwithstanding the foregoing, the benefits of this Agreement shall continue to run as to any such End User Lot until a building and other improvements are constructed on such End User Lot, or until the termination of this Agreement,if earlier, at which time this Agreement shall entirely terminate as to such End User Lot. i. No Partnership: Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership,joint venture or other arrangement between the C:\WINDOWS\TEMPVv1NTND V A4.W PD 05/20/99.01:11 PM -13- Owner and the Town. No term or provision of this Agreement is intended to or shall be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm organization or corporation shall have any right or cause of action hereunder. j0 Entire Agreement. This 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. k0 Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the parties hereto. Except as otherwise provided herein, any such amendment shall be adopted by Town Ordinance or resolution. 10 Names and Plans. Subject to the provisions of the"Public Records and Documents" laws of the state of Arizona, the Owner shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of the Owner in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Owner shall be entitled to utilize all such materials described herein to the extent required for the Owner to construct, operate or maintain improvements relating to the Property. m0 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 the Owner, or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is respectively an Arizona limited liability company or an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and (iii)that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. nO Legality. The Town hereby represents that (i) The Property is located within the corporate limits of the Town; (ii) 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 Agreement and obligate the Town hereunder; and (iii) This Agreement complies in each and every way with the Town Code and all ordinances, regulations, and rules of the Town, as waived or modified herein or by Resolution#1999-_. 00 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. 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 Agreement 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. If, however, the Town fails to take the action required hereunder, the Owner shall be entitled to terminate this Agreement. C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11 PM -14- p0 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. q0 Notice of A.R.S. §38-511. The Town hereby notifies the Owner of the provisions of A.R.S. §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 Agreement on behalf of the Town either is an employee or agent of the Owner, in any capacity, or a consultant to the Owner with respect to the subject matter of this Agreement. r0 Time of Essence. Time is of the essence in this Agreement. %„ sO Force Majeure. Neither party shall be deemed to be in default hereunder where failure or delay in performance of any of its obligations under this Agreement is caused by weather conditions, natural disasters, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties, material shortages, government regulations, referendums, court actions (such as restraining orders or injunctions)or other causes beyond such parry's control. If any such events shall occur,the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevented such performance provided that the term of this Agreement shall not be extended under any circumstances for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. tO Counterparts. This Agreement may be signed in counterparts, and the fully executed counterparts shall together constitute a single original Agreement. u0 Effective Date. The effective date of this Agreement shall be the date of recordation of this agreement. v0 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County,Arizona not less than ten (10) days after this Agreement is executed by the Town and the Owner. Town and Owner agree that only Exhibit "A" Schedules 1 and 2 hereto will be recorded with the Agreement and that all other exhibits will be maintained in a permanent file in the office of the Town Clerk. L C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -15- IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of recordation hereof in the office of the Maricopa County Recorder. Town: Town of Fountain Hills, an Arizona municipal corporation By: Its: Date: APPROVED AS TO FORM: William E. Farrell Town Attorney for the Town of Fountain Hills Date: A iTEST: Town Clerk STATE OF ARIZONA ) COUNTY OF MARICOPA ) The foregoing document was acknowledged before me the day of , 1999, by_ , the of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the corporation. Notary Public My commission expires: Owner: MCO Properties L.P., a Delaware limited partnership C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11PM -16- By: MCO Properties Inc., a Delaware corporation, general partner By: Its: Date: STATE OF ARIZONA ) COUNTY OF MARICOPA ) The foregoing document was acknowledged before me the day of , 1999, by , who acknowledged himself to be the of MCO Properties Inc., general partner of MCO Properties L.P., a Delaware limited partnership, for an on behalf of the limited partnership. Notary Public My commission expires: L c C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -17- Exhibit "A" Schedule "1" Eagles Nest L C:\WINDOWS\TEMP\MNTNDVA4.W PD 05/20/99.01:11PM -18- Exhibit "A" Schedule "2" Eagle Ridge North L L C:\WINDOWS\TEMP\MNTND V A4.W PD 05/20/99.01:11 PM -19- Exhibit "B" Schedule 1 Development Plan L c C:\WINDOWS\TEMP\MNTNDVA4.W PD 05/20/99.01:11 PM -20- Exhibit "B" Schedule 2 Resolution#1999- L L C:\WINDOWS\TEMP\MNTNDVA4.W PD 05/20/99.01:11 PM -21- Exhibit "C" Preserve Property L L C:\WINDOWS\TEMPVANTNDV A4.W PD 05/20/99.01:I 1 PM -22- Exhibit "D" itior Option Property L L C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -23- Exhibit "E" The HPE Lots L L C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -24- Exhibit "F" Form of Hillside Protection Easement (141 C:\WINDOWS\TEMP\MNTNDV A4.W PD 05/20/99.01:11 PM -25- , . . n PROFESSIONAL SERVICES Civil Engineering • Land Surveying • Project Management P00 LAN S \� �QW1CATtc MAY20, 1999 IL/ 3331 s 01, DEI#98003 cc JASON R. o KACK J LEGAL DESCRIPTION FOR EAGLE'S NEST A PORTION OF LAND SITUATED IN SECTION-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: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH,A DISTANCE OF 585.00 FEET; THENCE SOUTH 55°45'56" WEST,A DISTANCE OF 150.00 FEET; • L. THENCE SOUTH 34°34'06" WEST,A DISTANCE OF 46.27 FEET; THENCE SOUTH 11°10'06"EAST, A DISTANCE OF 35.00 FEET,TO A POINT OF CURVATURE ANON-TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS BEARS NORTH 11°10'00 WEST,A D STANCE OF 45.00 FEET; THENCE WESTERLY, ALONG ARC OF.SAID CURVE THROUGH A CENTRAL ANGLE OF 38°56'33",A DISTANCE OF 30.59 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 45.00 FEET; • THENCE WESTERLY, SOUTHERLY,AND EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 257°53'06", A DISTANCE OF 202.54.FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 45.00 FEET; THENCE EASTERLY,ALONG THE ARC.OF SAID CURVE.THROUGH A CENTRAL ANGLE OF 38°56'26",A DISTANCE OF 30.58 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 11°09'59" EAST,A DISTANCE OF 325.00 FEET; • Page 1 of 7 \\DE_11VOLI\PROJECTS18003\L.EGALS\LEGAL2.DOC 7600 N.15th St.•Ste.290•Phoenix•AZ 85020-4331 •(602)954-0038•Fax(602)944-8605•E-Mail:del Cdeipro.corn•http://www.deipro.corn THENCE NORTH 73°15'00" WEST, A DISTANCE OF 575.00 FEET; THENCE WEST, A DISTANCE OF 1270.42 FEET; THENCE SOUTH 74°38'26" WEST, A DISTANCE OF 166.87 FEET; THENCE SOUTH 14°21'26" EAST, A DISTANCE OF 163.75 FEET; THENCE SOUTH 80°09'41" WEST,A DISTANCE OF 263.21 FEET; THENCE SOUTH 10°15'23" WEST, A DISTANCE OF 323.17 FEET; THENCE SOUTH 84°55'05" EAST, A DISTANCE OF 189.21 FEET TO A POINT OF CURVATURE A NON-TANGENT CURVE CONCAVE TO THE SOUTH, WHOSE RADIUS BEARS SOUTH 11°04'34" WEST,A DISTANCE OF 841.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°07'25",A DISTANCE OF 266.02 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH, A DISTANCE OF 94.47 FEET; THENCE NORTH 60°10'00" WEST,A DISTANCE OF 37.70 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST,HAVING A RADIUS OF 759.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°44'12", A DISTANCE OF 221.71 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 92°01'14", A DISTANCE OF 32.12 FEET TO A POINT OF TANGENCY; THENCE SOUTH 11°04'34" WEST,A DISTANCE OF 43.36 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 780.00 FEET; THENCE SOUTHERLY,ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44'48",A DISTANCE OF 146.30 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00°19'46" WEST, A DISTANCE OF 134.62 FEET TO A POINT OF likw CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 570.00 FEET; Page 2 of 7 \\DE_1\V OL 1\PROJECTS\8003\LEGALS\LEGAL2.DOC THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL lbw ANGLE OF 13°16'22",A DISTANCE OF 132.04 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 75°05'25" EAST,A DISTANCE OF 115.29 FEET; THENCE SOUTH 79°34'35" EAST,A DISTANCE OF 146.06 FEET; THENCE SOUTH 16°00'05" WEST,A DISTANCE OF 25.39 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE EAST, WHOSE RADIUS BEARS SOUTH 12°02'48" WEST,A DISTANCE OF 45.00 FEET; THENCE SOUTHERLY,ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180°09'31", A DISTANCE OF 141.50 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 23°08'34" WEST, A DISTANCE OF 171.33 FEET; THENCE SOUTH 67°58'28" EAST,A DISTANCE OF 192.02 FEET; THENCE SOUTH 79°34'27" EAST,A DISTANCE OF 762.59 FEET; THENCE SOUTH 72°18'37" EAST,A DISTANCE OF 950.13 FEET; THENCE SOUTH 36°25'32" WEST, A DISTANCE OF 141.80 FEET; THENCE SOUTH 54°02'04" WEST, A DISTANCE OF 150.05 FEET; THENCE SOUTH 73°01'32" WEST, A DISTANCE OF 31.97 FEET; THENCE NORTH 82°30'15" WEST,A DISTANCE OF 155.31 FEET; THENCE SOUTH 71°29'58" WEST, A DISTANCE OF 180.60 FEET; THENCE SOUTH 17°24'43" EAST, A DISTANCE OF 189.24 FEET; THENCE SOUTH 72°35'00" WEST, A DISTANCE OF 210.06 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS BEARS NORTH 12°24'35" WEST,A DISTANCE OF 592.99 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°26'39",A DISTANCE OF 46.00 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 04°23'22" EAST,A DISTANCE OF 316.94 FEET; Cr THENCE SOUTH 84°19'52" EAST,A DISTANCE OF 82.43 FEET; Page 3 of 7 \\DE_1\VOLI\PROJECTS\8003\LEGALS\LEGAL2.DOC THENCE SOUTH 73°51'09" EAST,A DISTANCE OF 58.57 FEET; THENCE SOUTH 20°25'15" EAST,A DISTANCE OF 187.13 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, WHOSE CENTER BEARS SOUTH 23°06'46" EAST,A DISTANCE OF 320.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62°50'30",A DISTANCE OF 350.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 50°16'16" EAST,A DISTANCE OF 444.89 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 105.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°38'58",A DISTANCE OF 85.49 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 00°33'49".WEST, A DISTANCE OF 1096.07 FEET; THENCE WEST,A DISTANCE OF 789.19 FEET; THENCE NORTH 58°47'43" WEST,A DISTANCE OF 1520.64 FEET; THENCE SOUTH 76°33'35" WEST,A DISTANCE OF 1582.84 FEET; THENCE NORTH 00°42'14" EAST, A DISTANCE OF 211.65 FEET; THENCE NORTH 81°59'16" WEST, A DISTANCE OF 374.06 FEET; THENCE NORTH 15°42'00" EAST,A DISTANCE OF 437.18 FEET; THENCE NORTH 67°04'36" WEST, A DISTANCE OF 530.95 FEET; THENCE NORTH 24°36'31" WEST, A DISTANCE OF 636.14 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST, WHOSE CENTER BEARS NORTH 32°39'40" WEST,A DISTANCE OF 620.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°20'45", A DISTANCE OF 79.49 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°03'27", A DISTANCE OF 27.27 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 40.00 FEET; Page 4 of 7 \\DE_1\VOLT\PROJECTS\8003 LEGALS\LEGAL2.DOC THENCE WESTERLY,ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL L. ANGLE OF 128°34'18",A DISTANCE OF 89.76 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 64°11'56" WEST, A DISTANCE OF 72.94 FEET; THENCE NORTH 48°10'06" WEST, A DISTANCE OF 271.08 FEET; THENCE NORTH 73°11'04" WEST, A DISTANCE OF 66.36 FEET; THENCE NORTH 70°45'48"WEST, A DISTANCE OF 325.80 FEET; THENCE NORTH 33°25'36" WEST, A DISTANCE OF 100.05 FEET; THENCE SOUTH 88°27'05" WEST, A DISTANCE OF 324.65 FEET; THENCE SOUTH 63°35'27" WEST, A DISTANCE OF 330.37 FEET; THENCE SOUTH 21°50'20" WEST, A DISTANCE OF 182.99 FEET; THENCE SOUTH 68°00'53" WEST, A DISTANCE OF 540.20 FEET; THENCE SOUTH 05°05'11" WEST,A DISTANCE OF 46.33 FEET; THENCE SOUTH 82°52'38" WEST, A DISTANCE OF 193.98 FEET; THENCE NORTH 00°12'25" EAST, A DISTANCE OF 371.48 FEET; THENCE NORTH 28°27'42" EAST, A DISTANCE OF 618.11 FEET; THENCE NORTH 17°04'12" WEST, A DISTANCE OF 202.78 FEET; THENCE NORTH 54°57'36" EAST,A DISTANCE OF 212.85 FEET; THENCE NORTH 28°07'12" EAST, A DISTANCE OF 527.74 FEET; THENCE NORTH 54°09'49" WEST, A DISTANCE OF 62.16 FEET; THENCE NORTH 61°28'29" EAST, A DISTANCE OF 156.36 FEET; THENCE SOUTH 89°25'39" EAST, A DISTANCE OF 235.00 FEET; THENCE NORTH 26°25'10" WEST, A DISTANCE OF 483.05 FEET; cie THENCE NORTH 27°55'42"WEST, A DISTANCE OF 145.00 FEET; THENCE NORTH 85°55'00" WEST, A DISTANCE OF 607.50 FEET; Page 5 of 7 \\DE 1\VOL1\PROJECTS\8003\LEGALS\LEGAL2.DOC THENCE NORTH 05°05'53" WEST,A DISTANCE OF 361.94 FEET; THENCE NORTH 30°41'35" EAST,A DISTANCE OF 1090.27 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 6; THENCE NORTH 89°51'54" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 3278.22 FEET; THENCE SOUTH 01°13'57" EAST, LEAVING SAID NORTH LINE, A DISTANCE OF 28.34 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 820.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°12'27", A DISTANCE OF 131.77 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 280.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°00'22", A DISTANCE OF 166.19 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 66°26'02" EAST, A DISTANCE OF 58.13 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, WHOSE IIlow RADIUS BEARS NORTH 27°15'09" EAST,A DISTANCE OF 20.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°56'54", A DISTANCE OF 28.95 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST,HAVING A RADIUS OF 320.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°38'27", A DISTANCE OF 171.13 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 780.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°12'27",A DISTANCE OF 125.35 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°13'57" WEST, A DISTANCE OF 27.57 FEET TO A POINT ON SAID NORTH LINE OF SECTION 6; THENCE NORTH 89°51'54" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 283.25 FEET TO THE NORTHWEST CORNER OF SAID SECTION 5; Page 6 of 7 \\DE_1\VOL1\PROJECTS\8003\LEGALS\LEGAL2.DOC THENCE NORTH 89°51'54" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 2634.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. SAID PARCEL CONTAINS 23,795,588 SQUARE FEET OR 546.27 ACRES. t-D LAN°��� SG9 �\FICgTF yG 33315 O �O Q JASON R. KACK ed Cr:r 'y ti Page 7 of 7 \\DE_1\VOL1\PROJECTS\8003\L.EGALS\LEGAL2.DOC l)J6OFESSIONALSERWCES Civil Engineering • Land Surveying • Project Management LANO�4 �0*ICgr�y 494 C9 v o to 2 JASON R. KACK `v/off .o�,/ • MAY 20, 1999 eo.� • DEI#98004 .48r. 'EAGLE S RIDGE NORTH LEGAL DESCRIPTION• A PORTION. OF LAND SITUATED IN SECTION 7, 8 AND 17, TOWNSHIP 3 NORTH, RANGE 6 EAST 0 THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOP COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: A COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7; . - THENCE SOUTH'89°57'26" WEST, ALONG THE NORTH LINE OF SAID SECTION. 7, A DISTANCE OF 1009.06 FEET; THENCE SOUTH 00°00'04" EAST, LEAVING SAID NORTH: LINE OF SECTION 7, A DISTANCE OF 1759.35 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 00°00' "04 EAST,A DISTANCE OF 45.00 FEET; . - THENCE SOUTH 30°59'00"EAST,A DISTANCE OF 188.92 FEET; THENCE SOUTH 02°18'59" WEST, A DISTANCE OF 211.29 FEET; THENCE SOUTH 30°59'00" EAST,A DISTANCE OF 1569.20 FEET;: THENCE SOUTH 58°08'57"EAST,A DISTANCE OF 254.07 FEET; - THENCE SOUTH 54°27'53" EAST,A DISTANCE OF 2514.75 FEET; THENCE SOUTH 13°02'21"EAST,A DISTANCE OF 1183.45 FEET; THENCE NORTH 64°25'41" WEST,A DISTANCE OF 985.81 FEET; THENCE SOUTH 28°53'47" WEST, A DISTANCE OF 205.00 FEET; WHENCE SOUTH 43°05'26" WEST,A DISTANCE OF 120.81.FEET; 7600 N. 15th St.•Ste.290•Phoenix•.AZ 85020-4331 •(602)9 ggatc 944-8805•E-Mail:A& deipro.com•httpJ/www.deipro.com 11DE 11VOL11PROJECTS180041LEGALS1LEGAL2.DOC THENCE NORTH 86°54'47" EAST, A DISTANCE OF 154.34 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE. OF 59°48'50", A .DISTANCE OF 521.97 FEET TO A POINT. OF TANGENCY; " THENCE SOUTH 33°16'24"EAST, A DISTANCE OF 458.83 FEET; THENCE SOUTH 39°11'31" EAST, A DISTANCE OF 103.12 FEET; THENCE SOUTH 44°53'25" WEST,A DISTANCE OF 109.35 FEET; THENCE NORTH 27°06'44" WEST,A DISTANCE OF 173.49 FEET; THENCE SOUTH 44°53'25" WEST, A DISTANCE OF 437.32 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, WHOSE RADIUS BEARS SOUTH 57°34'17" WEST,A DISTANCE OF 641.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°03'05", A .DISTANCE OF 67.70 FEET TO A POINT OF TANGENCY; THENCE SOUTH 26°22'38" EAST, A DISTANCE OF 105.44 FEET; THENCE SOUTH 44°53'25" WEST,A DISTANCE OF 10.76 FEET; THENCE SOUTH 11°57'00" EAST,A DISTANCE OF 241.85 FEET; THENCE NORTH 32°34'05 WEST, A DISTANCE OF 407.77 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 359.00 FEET; • THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75°23'20", A DISTANCE OF 472.37 FEET TO A POINT OF NON-TANGENCY; THENCE-SOUTH 72°02'35" WEST,A DISTANCE OF 94.97 FEET; - THENCE SOUTH 31°00'37" EAST,A DISTANCE OF 633.42 FEET; THENCE NORTH 80°32'53" WEST,A DISTANCE OF 625.07 FEET; THENCE NORTH 55°39'16" WEST,A DISTANCE OF 763.68 FEET; Page 2 of 5 11DE 11VOL11PRO.ECTS18004\LEGALSILEGAL2.DOC THENCE NORTH 64°06'10" WEST,A DISTANCE OF 296.49 FEET; THENCE NORTH 00°08'36" WEST,A DISTANCE OF 1550.62 FEET; THENCE SOUTH 89°53'25" WEST,A DISTANCE OF 649.62 FEET; THENCE NORTH 46°02'47" WEST,A DISTANCE OF 305.98 FEET; THENCE SOUTH 79°07'35" WEST, A DISTANCE OF 180.24 FEET; THENCE NORTH38°49'47." WEST, A DISTANCE OF 52.63 FEET; THENCE NORTH 22°00'21" EAST,A DISTANCE OF 208.17 FEET; THENCE NORTH 06°10'13"WEST, A DISTANCE OF 111.65 FEET; THENCE NORTH 62°22'57" WEST, A DISTANCE OF 170.42 FEET; THENCE SOUTH 46°19'28" WEST,A DISTANCE OF 489.45 FEET; THENCE NORTH 48°27'06" WEST, A DISTANCE OF 223.14 FEET; THENCE NORTH 22°32'07" WEST, A DISTANCE OF 260.92 FEET; THENCE NORTH 59°25'15" WEST,A DISTANCE OF 306.65 FEET; THENCE NORTH 85°22'48" WEST,A-DISTANCE OF.99.32 FEET; THENCE SOUTH 22°01'23" WEST, A DISTANCE OF 288.02 FEET; - THENCE NORTH 86°09'31" WEST,A DISTANCE OF 113.38 FEET; THENCE NORTH 60°45'00" WEST,'A DISTANCE OF 676.46 FEET; THENCE NORTH 38°30'00" WEST,A DISTANCE OF 153.97 FEET; THENCE NORTH 66°51'57" EAST, A DISTANCE OF 188.72 FEET; THENCE NORTH 47°10'00" WEST,A DISTANCE OF 738.24 FEET; THENCE SOUTH 42°44'50" WEST,A DISTANCE OF 166.94 FEET; THENCE NORTH 47°10'00" WEST,A DISTANCE OF 449.48 FEET; THENCE SOUTH 85°15'00"WEST,A DISTANCE OF 340.00 FEET; Page 3 of 5 \\DE 1\VOL1\PROJECTS18004\LEGALS\LEGAL2.DOC THENCE NORTH 15°00'00" WEST, A DISTANCE OF 210.00 FEET; THENCE NORTH 43°40'00" WEST,A DISTANCE OF 410.00 FEET; THENCE NORTH 07°11'39" WEST,A DISTANCE OF 429.43 FEET; THENCE NORTH 18°08'06" EAST,A DISTANCE OF 302.00 FEET; THENCE SOUTH 75°01'55"EAST,A DISTANCE OF 402.66 FEET; THENCE NORTH 53°50'54" EAST,A DISTANCE OF 271.22 FEET; THENCE NORTH 22°06'56" WEST,A DISTANCE OF 270.93 FEET; THENCE NORTH 82°23'06"WEST,A DISTANCE OF 739.52 FEET; THENCE NORTH 53°34'26" WEST,A DISTANCE OF 232.41 FEET; THENCE NORTH 00°21'50" EAST,A DISTANCE OF 315.01 FEET; THENCE NORTH 66°28'30" WEST, A DISTANCE OF 345.74 FEET; THENCE NORTH 00°57'06" EAST,A DISTANCE OF 301.04 FEET; THENCE SOUTH 86°41'21" EAST,A DISTANCE OF 121.20 FEET; THENCE SOUTH 52°52'09" EAST,A DISTANCE OF 439.00 FEET; • THENCE NORTH 02°26'55" EAST,A DISTANCE OF 548.99 FEET; THENCE SOUTH 78°25'30"EAST,A DISTANCE OF 526.36 FEET; THENCE SOUTH 73°21'08" EAST,A DISTANCE OF 935.43 FEET; THENCE NORTH 59°09'00" EAST,A DISTANCE OF 139.92 FEET; THENCE NORTH 89°03'32" EAST, A DISTANCE OF 792.12 FEET; THENCE SOUTH 25°39'45" EAST,A DISTANCE OF 195.17 FEET; THENCE SOUTH 43°07'41" EAST, A"DISTANCE OF 163.98 FEET; THENCE SOUTH 66°35'37" EAST,A DISTANCE OF 329.18 FEET, Page 4 of 5 \1DE 1\VOLIIPROJECTS18004\LEGALS\LEGAL2.DOC. THENCE SOUTH 87°22'04" EAST, A DISTANCE OF 213.47 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 220.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A.CENTRAL ANGLE OF 43°54'59", A DISTANCE OF 168.63 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1300.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°29'45", A DISTANCE OF 102.01 FEET; THENCE NORTH 76°48'43" EAST,A DISTANCE OF 131.00 FEET; " !'HENCE SOUTH 64°31'20" EAST, A DISTANCE OF 368.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. SAID PARCEL CONTAINS 19,162,578.4 SQUARE FEET OR 439.91 ACRES. �Q LAND A �G Q 419 t\FICgTE qL O 33315 Q JASON R. O \ohs KACK_ GG► • 4111., Page5of5 \\DE 1\VOL1\PROJECTS\8004\LEGALSILEGAL2.DOC _ PROFESSIONAL SERVICES Civil Engineering • Land Surveying • Project Management (iv ,. MAY 20, 1999 DEI#98004 OPTION PROPERTY A.PORTION OF LAND SITUATED IN SECTIONS 7, 8 AND 17, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACTS A, B, C, D, E, F, G, H, I , J, K, L, AND M OF PROPOSED EAGLE'S RIDGE NORTH. SAID PROPERTY CONTAINS 2,345,706.00 SQUARE FEET OR 53.85 ACRES. - VO LAND g��'„A\ CAT4. %. vc3 �sq INR. 7600 N.15th St.•Ste.290•Phoenix•AZ 85020-4331 •(602)954-0038•Fax(602)944-8605•E-Mail:deiOdeipro.com•http://www.delpro.com G:1PROJECTS18004\LEGALS\OPTPROP.DOC I PROFESSIONAL SERVICES -_ . _ _ Civil Engineering • Land Surveying • Project Management �•LAND � S� TEG �� Qt\FICAy�9G - (1 c4 ``< ww oJASON R. � MAY 20, 1999 . lack , ) . - DEI#98003 :,_.k, ,.‘ . " . - � 1217:•' • SALES PROPERTY PARCEL 1 - A PORTION OF LAND SITUATED IN SECTION 7, 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 NORTH QUARTER CORNER OF SAID SECTION 7; . THENCE SOUTH 89°55'42" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1792.57 FEET; fibsv TIIENCE SOUTH 00°04'18" EAST, LEAVING SAID NORTH LINE, A DISTANCE OF 629.44 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 42°52'00"EAST,A DISTANCE OF 326.00 FEET; THENCE NORTH 78°25'30"WEST,A DISTANCE OF 526.36 FEET; THENCE NORTH 02°25'55"EAST,A DISTANCE OF 59.56 FEET; .. THENCE NORTH 75°46'56" EAST, A DISTANCE OF 300.54 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. • PARCEL 2 - A PORTION OF LAND SITUATED IN SECTION 7, 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°57'26" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A • , DISTANCE OF 1009.06 FEET; 7600 N.15th St.•Ste.290•Phoenix•AZ 85020-4331 •(602)954-QQ3388•Fix((fp?)944j -8605•E-Matl:.dei @deipro.com•http://www.deipro.com t' 1 I \\DE 1\VOLI\PROJECTS\8003\LEGAIS\SALEPROP.dac - • THENCE SOUTH 00°00'04" EAST, LEAVING SAID NORTH LINE, A DISTANCE OF 161.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 00°00'04" EAST, A DISTANCE OF 1597.86 FEET; THENCE NORTH 64°31'20" WEST, A DISTANCE OF 368.03 FEET; THENCE SOUTH 76°48'43" WEST, A DISTANCE OF 131.00 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS BEARS NORTH 42°03'10"EAST,A DISTANCE OF 1300.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°29'45", A DISTANCE OF 51.03 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 220.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°54'59"", A DISTANCE OF 168.63 FEET; THENCE NORTH 87°22'04" WEST, A DISTANCE OF 213.47 FEET; THENCE NORTH 66°35'37" WEST,A DISTANCE OF 329.18 FEET; THENCE NORTH 43°07'41" WEST, A DISTANCE OF 163.98 FEET; THENCE NORTH 25°39'45" WEST,A DISTANCE OF 195.17 FEET; THENCE SOUTH 89°03'32" WEST, A DISTANCE OF 792.12 FEET; THENCE SOUTH 59°09'00" WEST, A DISTANCE OF 139.92 FEET; THENCE NORTH 73°21'08" WEST,A DISTANCE OF 935.43 FEET; THENCE NORTH 39°00'00" EAST, A DISTANCE OF 232.00 FEET; THENCE SOUTH 26°20'00" EAST, A DISTANCE OF 148.00 FEET; THENCE SOUTH 77°47'44" EAST, A DISTANCE OF 911.14 FEET; THENCE NORTH 59°09'00" EAST, A DISTANCE OF 291.00 FEET; THENCE NORTH 86°04'30" EAST, A DISTANCE OF 730.00 FEET; THENCE NORTH 05°07'00" EAST, A DISTANCE OF 300.00 FEET; THENCE NORTH 68°53'00" EAST, A DISTANCE OF 160.00 FEET; Page 2 of 13 \\DE 1\VOL1\PROJECTS\8003\LEGALS\SALEPROP.doc THENCE NORTH 34°02'00" EAST, A DISTANCE OF 220.00 FEET; THENCE NORTH 21°00'00" WEST,A DISTANCE OF 125.71 FEET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 868.26 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. PARCEL 3 A PORTION OF LAND SITUATED IN SECTIONS 7 AND 8, 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°57'26" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1009.06 FEET; ti THENCE SOUTH 00°00'04" EAST, LEAVING SAID NORTH LINE, A DISTANCE OF 1804.35 FEET; THENCE SOUTH 30°59'00" EAST, A DISTANCE OF 188.92 FEET TO THE POINT OF Ibir BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 30°59'00" EAST, A DISTANCE OF 1971.83 FEET; THENCE NORTH 58°08'57" WEST, A DISTANCE OF 254.07 FEET; THENCE NORTH 30°59'00" WEST,A DISTANCE OF 1569.20 FEET; THENCE NORTH 02°18'59" EAST, A DISTANCE OF 211.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 4 A PORTION OF LAND SITUATED IN SECTIONS 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°57'26" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1009.06 FEET; Page 3 of 13 \\DE 1\VOLI\PROJECTS\8003\LEGALS\SALEPROP.doc THENCE SOUTH 00°00'04" EAST, LEAVING SAID NORTH LINE OF SECTION 7, A DISTANCE OF 1804.35 FEET; THENCE SOUTH 30°59'00" EAST, A DISTANCE OF 2160.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 58°17'O1" EAST,A DISTANCE OF 4524.87 FEET; THENCE SOUTH 43°24'28" WEST, A DISTANCE OF 556.46 FEET; THENCE NORTH 84°33'54" WEST,A DISTANCE OF 1004.50 FEET; THENCE NORTH 64°25'41" WEST, A DISTANCE OF 170.00 FEET; THENCE NORTH 13°02'21" WEST,A DISTANCE OF 1183.45 FEET; THENCE NORTH 54°27'53" WEST, A DISTANCE OF 2514.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. ti ti PARCEL 5 A PORTION OF LAND SITUATED IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 410, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 00°08'36" EAST, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1740.19 FEET; THENCE NORTH 89°51'24" EAST, LEAVING SAID WEST LINE OF SECTION 17. A DISTANCE OF 1787.56 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NORTH 44°53'25" EAST, A DISTANCE OF 437.32 FEET; THENCE SOUTH 27°06'44" EAST, A DISTANCE OF 173.49 FEET; THENCE SOUTH 44°53'25"WEST, A DISTANCE OF 435.90 FEET; THENCE NORTH 26°22'38" WEST, A DISTANCE OF 105.44 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 641.00 FEET; L Page 4 of 13 \\DE 1\VOLIIPROJECTS\8003\lEGALS\SALEPROP.doc • THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°03'05", A DISTANCE OF 67.70 FEET TO THE POINT OF lhav BEGINNING OF THE PARCEL DESCRIBED HEREIN. PARCEL 6 A PORTION OF LAND SITUATED IN SECTION 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 NORTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 00°08'36" EAST, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1673.70 FEET; THENCE NORTH 89°51'24" EAST, LEAVING SAID WEST LINE OF SECTION 17, A DISTANCE OF 1187.20 FEET TO THE POINT OF BEGINNING OF. THE PARCEL DESCRIBED HEREIN; THENCE NORTH 72°02'35" EAST, A DISTANCE OF 94.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 359.00 FEET; (1111, THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75°23'20", A DISTANCE OF 472.37 FEET; THENCE SOUTH 32°34'05" EAST, A DISTANCE OF 407.77 FEET; THENCE SOUTH 11°57'00" EAST,A DISTANCE OF 283.99 FEET; THENCE NORTH 39°14'57" WEST, A DISTANCE OF 181.96 FEET; THENCE NORTH 80°32'53" WEST, A DISTANCE OF 345.11 FEET; THENCE NORTH 31°00'37" WEST, A DISTANCE OF 633.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. PARCEL 7 A PORTION OF LAND SITUATED IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: L COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 17; Page 5 of 13 \\DE 1\VOL1\PROJECTS\8003\LEGAIS\SALEPROP.doc • THENCE SOUTH 00°08'36" EAST, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1550.62 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 64°06'10 EAST, LEAVING SAID WEST LINE, A DISTANCE OF 296.49 FEET; THENCE SOUTH 32°58'17" WEST,A DISTANCE OF 487.60 FEET TO A POINT ON SAID WEST LINE OF SECTION 17; . THENCE NORTH 00°08'36' WEST, ALONG SAID WEST LINE OF SECTION 17, A DISTANCE OF 538.57 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 8 A PORTION OF LAND SITUATED IN SECTION 7, 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 NORTH QUARTER CORNER OF SAID SECTION 7; THENCE SOUTH 89°558'42" WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A lbw DISTANCE OF 895.23 FEET; THENCE SOUTH 00°04'18" EAST, LEAVING SAID NORTH LINE OF SECTION 7, A DISTANCE OF 3827.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE NORTH 42°44'50" EAST, A DISTANCE OF 166.94 FEET; THENCE SOUTH 47°10'00" EAST, A DISTANCE OF 738.24 FEET; THENCE SOUTH 66°51'57" WEST, A DISTANCE OF 188.72 FEET; THENCE NORTH 38°30'00" WEST, A DISTANCE OF 36.30 FEET; THENCE NORTH 47°10'00" WEST, A DISTANCE OF 625.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. PARCEL 9 A PORTION OF LAND SITUATED IN SECTION 5, 6, 7 AND 8, TOWNSHIP 3 NORTH cw, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 6of13 \\DE 1\VOLI\PROJECTS\8003\LEGALS\SALEPROP.doc itav BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE NORTH 89°51'54" EAST, ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 1631.99 FEET; THENCE SOUTH 30°41'35" WEST, LEAVING SAID NORTH LINE, A DISTANCE OF 1090.27 FEET; THENCE SOUTH 05°05'53" EAST, A DISTANCE OF 361.94 FEET; THENCE SOUTH 85°55'00" EAST, A DISTANCE OF 607.50 FEET; THENCE SOUTH 27°55'42" EAST, A DISTANCE OF 145.00 FEET; THENCE SOUTH 26°25'10" EAST, A DISTANCE OF 483.05 FEET; THENCE NORTH 89°25'39" WEST, A DISTANCE OF 235.00 FEET; THENCE SOUTH 61°28'29" WEST, A DISTANCE OF 156.36 FEET; THENCE SOUTH 54°09'49" EAST,A DISTANCE OF 62.16 FEET; Ly THENCE SOUTH 28°07'12" WEST, A DISTANCE OF 527.74 FEET; THENCE SOUTH 54°57'36" WEST,A DISTANCE OF 212.85 FEET; THENCE SOUTH 17°04'12" EAST, A DISTANCE OF 202.78 FEET; THENCE SOUTH 28°27'42" WEST, A DISTANCE OF 618.1.1 FEET; THENCE SOUTH 00°12'25"WEST, A DISTANCE OF 371.48 FEET; THENCE NORTH 82°52'38" EAST, A DISTANCE OF 193.98 FEET; THENCE NORTH 05°05'11" EAST, A DISTANCE OF 46.33 FEET; THENCE NORTH 68°00'53" EAST, A DISTANCE OF 540.20 FEET; THENCE NORTH 21°50'20" EAST,A DISTANCE OF 182.99 FEET; THENCE NORTH 63°35'27" EAST,A DISTANCE OF 330.37 FEET; THENCE NORTH 88°27'05" EAST, A DISTANCE OF 324.65 FEET; L THENCE SOUTH 33°25'36" EAST, A DISTANCE OF 100.05 FEET; Page 7 of 13 \\DE I\VOL1\PROJECrS18003\LEGALS\SALEPROP.doc THENCE SOUTH 70°45'48" EAST,A DISTANCE OF 325.80 FEET; 4100 THENCE SOUTH 73°11'04"EAST, A DISTANCE OF 66.36 FEET; THENCE SOUTH 48°10'06" EAST,A DISTANCE OF 271.08 FEET; THENCE NORTH 64°11'56" EAST, A DISTANCE OF 72.94 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS BEARS NORTH 64°11'56" SOUTHEAST,A DISTANCE OF 40.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 128°34'18", A DISTANCE OF 89.76 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 40.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°03'27", A DISTANCE OF 27.27 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 620.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°20'45", A DISTANCE OF 79.49 FEET TO A POINT OF NON- TANGENCY; THENCE SOUTH 24°36'31" EAST,A DISTANCE OF 636.14 FEET; THENCE SOUTH 67°04'36" EAST,A DISTANCE OF 530.95 FEET; THENCE SOUTH 15°42'00" WEST, A DISTANCE OF 437.18 FEET; THENCE SOUTH 81°59'16" EAST,A DISTANCE OF 374.06 FEET; THENCE SOUTH 00°42'14" WEST,A DISTANCE OF 211.65 FEET; THENCE NORTH 76°33'35" EAST, A DISTANCE OF 1582.84 FEET; THENCE SOUTH 58°47'43" EAST, A DISTANCE OF 1520.64 FEET; THENCE EAST, A DISTANCE OF 491.00 FEET; THENCE NORTH 50°14'46" WEST, A DISTANCE OF 432.54 FEET; THENCE SOUTH 89°59'35" WEST,A DISTANCE OF 2018.35 FEET; THENCE SOUTH 00°00'04" EAST, A DISTANCE OF 276.36 FEET; THENCE EAST, A DISTANCE OF 868.26 FEET; Page 8 of 13 \\DE 1\VOLI\PROJECTS\8003\LEGALS\SALEPROP.doc THENCE NORTH 21°00'00" WEST, A DISTANCE OF 74.29 FEET; THENCE NORTH 78°15'00" WEST,A DISTANCE OF 447.49 FEET; THENCE NORTH 43°10'00" EAST,A DISTANCE OF 486.00 FEET; THENCE NORTH 87°59'00" WEST, A DISTANCE OF 904.00 FEET; THENCE SOUTH 81°35'00" WEST,A DISTANCE OF 260.00 FEET; THENCE NORTH 60°18'00" WEST, A DISTANCE OF 380.00 FEET; THENCE NORTH 08°30'00" WEST, A DISTANCE OF 620.00 FEET; THENCE SOUTH 39°38'00" WEST, A DISTANCE OF 420.00 FEET; THENCE NORTH 72°32'00" WEST, A DISTANCE OF 184.00 FEET; THENCE NORTH 15°25'00" WEST, A DISTANCE OF 212.00 FEET; THENCE SOUTH 77°12'00" WEST, A DISTANCE OF 224.00 FEET; L., THENCE NORTH 01°03'00" EAST,A DISTANCE OF 566.00 FEET; THENCE NORTH 76°50'00" WEST, A DISTANCE OF 167.00 FEET; THENCE NORTH 22°11'07" EAST, A DISTANCE OF 339.94 FEET; THENCE NORTH 34°34'20" WEST, A DISTANCE OF 1022.00 FEET; THENCE NORTH 08°35'00" WEST, A DISTANCE OF 146.00 FEET; THENCE NORTH 74°14'00" EAST,A DISTANCE OF 370.00 FEET; THENCE NORTH 70°45'20" WEST, A DISTANCE OF 724.16 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 6; THENCE NORTH 00'05'19" WEST, ALONG SAID WEST LINE, A DISTANCE OF 1856.10 FEET TO THE POINT-OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 10 A PORTION OF LAND SITUATED IN SECTION 5, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 9 of 13 \\DE_1\VOL 1\PROJECTS\8003\LEGALS\SALEPROP.doc COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5; THENCE NORTH 89°51'54" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 742.95 FEET; THENCE SOUTH, LEAVING SAID NORTH LINE, A DISTANCE OF 1707.81 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH, A DISTANCE OF 356.11 FEET; THENCE SOUTH 77°59'19" WEST, A DISTANCE OF 48.05 FEET; THENCE NORTH 79°34'35" WEST, A DISTANCE OF 146.06 FEET; THENCE SOUTH 75°05'25" WEST, A DISTANCE OF 115.29 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, WHOSE RADIUS BEARS NORTH 76°23'52" WEST, A DISTANCE OF 570.00 FEET;. THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°16'22", A DISTANCE OF 132.04 FEET TO A POINT OF TANGENCY; THENCE NORTH 00°19'46" EAST, A DISTANCE OF 134.62 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 780.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44'48", A DISTANCE OF 146.3 FEET TO A POINT OF TANGENCY; THENCE NORTH 11°04'34" EAST, A DISTANCE OF 43.36 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°01'14", A DISTANCE OF 32.12 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 759.00 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°44'12", A DISTANCE OF 221.71 FEET TO A POINT OF TANGENCY; THENCE SOUTH 60°10'00" EAST, A DISTANCE OF 37.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. L Page 10 of 13 \\DE I\VOL1\PROJECTS\8003\LEGALS\SALEPROP.doc PARCEL 11 lir A PORTION OF LAND SITUATED IN SECTION 5, 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 5; THENCE NORTH 89°51'54" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 742.95 FEET; THENCE SOUTH, LEAVING SAID NORTH LINE, A DISTANCE OF 939.56 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH, A DISTANCE OF 673.78 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, WHOSE RADIUS BEARS SOUTH 29°11'59" WEST,A DISTANCE OF 841.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°07'25", A DISTANCE OF 266.02 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 84°55'05" WEST, A DISTANCE OF 189.21 FEET; THENCE NORTH 10°15'23" EAST, A DISTANCE OF 323.17 FEET; THENCE NORTH 80°09'41" EAST, A DISTANCE OF 263.21 FEET; THENCE NORTH 14°21'26" WEST, A DISTANCE OF 163.75 FEET; THENCE NORTH 74°38'26" EAST, A DISTANCE OF 166.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 12 A PORTION OF LAND SITUATED IN SECTION 6, 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 NORTHEAST CORNER OF SAID SECTION 6; THENCE SOUTH 89°51'54" WEST, ALONG THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 283.25 FEET TO THE POINT OF BEGINNING OF THE PARCELS HEREIN DESCRIBED; L Page 11 of 13 \\DE 1\VOLI\PROJECTS\8003 LEGALS\SALEPROP.doc • THENCE SOUTH O 1°13'57" EAST, LEAVING SAID NORTH SECTION LINE, A DISTANCE OF 27.57 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE ilow CONCAVE TO THE EAST, HAVING A RADIUS OF 780.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°12'27", A DISTANCE OF 125.35 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°38'27", A DISTANCE OF 171.13 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 320.00 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°56'54",A DISTANCE OF 28.95 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 66°26'02" WEST, A DISTANCE OF 58.13 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, WHOSE RADIUS BEARS NORTH 66°26'02" WEST, A DISTANCE OF 280.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°00'22", A DISTANCE OF 166.18 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 820.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°12'27", A DISTANCE OF 131.77 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°13'57" WEST, A DISTANCE OF 28.34 FEET TO A POINT ON SAID NORTH LINE OF SECTION 6; THENCE NORTH 89°51'54" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 40.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 13 A PORTION OF LAND SITUATED IN SECTION 5, 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 5; THENCE NORTH 89°51'54" EAST, ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 1848.23 FEET; Page 12 of 13 \\DE 1\VOL1\PROJECTS\8003\LEGALS\SALEPROP.doc THENCE SOUTH, LEAVING SAID NORTH LINE, A DISTANCE OF 3685.86 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 73°49'33" EAST,A DISTANCE OF 121.44 FEET; THENCE SOUTH 64°30'00" EAST,A DISTANCE OF 245.00 FEET; THENCE SOUTH 52°58'37" EAST, A DISTANCE OF 601.07 FEET; THENCE SOUTH 00°33'49" WEST, A DISTANCE OF 30.19 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTH, WHOSE RADIUS BEARS NORTH 06°55'14" WEST, A DISTANCE OF 105.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°38'58", A DISTANCE OF 85.49 FEET TO A POINT OF TANGENCY; THENCE NORTH 50°16'16" WEST, A DISTANCE OF 444.89 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 320.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62°50'30", A DISTANCE OF 350.97 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 20°25'15" WEST, A DISTANCE OF 187.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 14 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: TRACTS D, E, F, G, H, I, J, K, L, M,N, 0, AND P OF PROPOSED EAGLE'S NEST. SAID PROPERTY CONTAINS 14,626,577 SQUARE FEET OR 335.78 ACRES. 0,0 LAND 4, QwtcATF ,9 w v� 33315yo 'IA fr JASON R. 23 KACK (4., Page 13 of 13 \\DE 1\VOL 1\PROJECTS\8003 LEGALS\SAL.EPROP.doc THE PROPOSAL , . . . . . --k - —I --- 9 l'a NM-•,,,,,,• ., 4k- .1.11°41111w1P11111111111kk' I' ....,,,,,....., 110, _v,....„4-11 la .,.. ••„,::•••_,,,:.....-_:,- .,..„..,.:_zi-.•..,..-....-_:....„. kirkto wiliti-4. • ,..... ...,..„...., -.17 .. ,,_. ._ ._„.,..,..... 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A FITI-;:,',„..:;:•::...!,..:,,,- • --", grAir IIIIIII41111'' Ilk Atillitil..1/.1* ' 4040 W50461144\Ise TO-- valWir 4144,1P • .. —4.,,r; ,,, .7:‘:'..-,'::,-..-:,7-:„.. tii Pi/1k ti' N.A.4144'''.'^'',+:::'-‘,:, ,'--. :• %*v4v4igt* is"oter ... .„-.,,....,-.-„-,:.•.:.,--, : .:: „...i.N.,..,,, ‘ ,17 4,71N.......„.":44;x- •;t,-f4ii '04,0-„:".•., -., 16 ,AillkVrti'..&At,, v or 41."5‘*1 - 14111 V' ill ,„...., Iv •_-- , lik,,,10411PiliW / . r.eivr,-.°!:441-,.-1;:-'11'';..-7/_•,.-.:-. 1mie.- - --`4v,, ',k ValLiti,,iLlitIXSOP_.::::'V',,,,, ON 4 41,, 41.,,,.‘1444:Cak.,44.41,-''' .1"1111kAii, ..'.001111:, MEND ,''','.. >.--;•:•'.‘:/-t:-/""•' :• , INtr7 1111 TOWN-SCOTTSDALEONEDcoNLADNEDHNATioN pARCEL* ,, ACRE ALTERNATEspAcE pARcas spACE ' '', ! :''''''''',14:'• ''...,',i'''.:',•.'":...,'"'-" ,:_,-."/,'.., .-,.... ,. .. .'...,',-:-`-; ,,111:6,.E.;:r .,L,',..‘, 7:st):,.. '',.,',. ,'-',1'.,'..:% ' '' NEM EPX1R°PS11°NSGEDPLATTEWASHD OSR:ENANEADS WASH OPEN !.. CURRENTLY PLA '. EXISTING JEEP TRAILS o la A •541 _ , PROPOSED T"LS ' '), 0 .,....... 25,MO IBLE SE LOCATIONS NORTH crPOSS-- H°U OF FUTURE TRAILHEAD APPROXIMATE LOCATION . TH/uNIT BUILDING PERMIT BRIDGING MAYY-LOT HPE's 0 G CUL-DE-SAC LENG *INCLUDES WMVINTioNs LOT-B BE REQUIRED. NUMBER REGULATIONS 4, MOWER 32.1.. NNN 000 wGA A7isDEVELOPMENTHNGF1AMENDMENTERN.I. wA I vER uAGREEMENT.UPHELD aD_ _I DA1E MAY Chron 174 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Robin Goodma Randy Harrel col L THROUGH: Paul Nordin DATE: June 25, 1999 RE: Bid award for the five sections of the Annual Landscaping Contract Bids were opened for the five bid sections of the Annual Landscaping Contract on Thursday afternoon (June 24, 1999). This is a joint, combined bid including work at the Town's parks (Parks & Recreation Department), medians and rights-of-way (Public Works Department), and school facilities (Fountain Hills School District). Seven bids were received: two bidders bid just one section, three bid several sections, and two bid on all five sections. Staff is currently reviewing and checking the math on the bids. Bid tabulation and recommendations for award will be distributed next week. bb cc: Bill Farrell Rich Dobson/FHUSD Bud Clutter Nsw Bid Award--Annual Landscaping Contract MEMORANDUM (.TO: Honorable Mayor Sharon Morgan and Town Council FROM: Robin Goodman,Parks and Recr • Direct Randy Harrel,Town Engineer If n DATE: June 28, 1999 RE: Bid Award for the Five Sections of the Annual Landscaping Contract Bid#99-020 The Town has successfully opened and reviewed bids for the Annual Landscaping Contract. The Contract period is from July 8, 1999 through June 30, 2000. This contract is a joint bid effort by the Town of Fountain Hills and the Fountain Hills Unified School District#98. This contract is renewable on a yearly basis, at the option of the Town of Fountain Hills and the District for up to four (4) additional years. The contract includes five (5) separate bid sections: I) Mowing, Landscaping and Irrigation Maintenance; II) Landscape and Irrigation Construction; III) Spraying; IV) Palm Tree Trimming; and V) Overseeding. Bidders were allowed to bid one or all areas or any combination of bid sections. This bid is unique because it combines all Parks and Recreation facilities, School District Property, and all Town owned medians and rights-of-way. The five bid sections are being awarded to four separate contractors. The bid tabulation sheet is attached and the recommended award follows below: Bid Award It is recommended that Bid#99-020 be awarded as follows: Bid Award Chart Bid Section Title Low Bidder Bid I Mowing, Landscape and Irrigation Desert Care $288,564.00 Maintenance (EG Management) II Landscape and Irrigation Construction Sage Landscape Contractors $150,985.50 III Spraying Carter Weed Control $31,744.25 IV Palm Tree Trimming Green &Growing Landscaping $11,500.00 V Overseeding Desert Care $50,474.00 (EG Management) * Note: EG Management is being awarded in 2 sections Total $533,267.75 Motion to Approve I move that the Town award Bid#99-020 to the following contractors for the amounts specified: E/G Management for $339,038.00 for services described in Bid Sections 1 and 5 Sage Landscaping for $150,985.50 for services described in Bid Section 2 Carter Weed Control for $ 31,744.25 for services described in Bid Section 3 Green&Growing for $ 11,500.00 for services described in Bid Section 4 L av m a-o) c.co N U € C C W C O p O 0 0 TO fa E Z 7 E E cu Iii a)coo C N N. in o 0 o 0 7 CI O N C9 M Q) I- -C E k N. M t00 N N c M CO r Co N• •-- / O) c0 oI- O Q fH EA V., EH EA EN O N. O O O O O cD O O p1eM`+ cn co ,— plg aldilnLlt ao;;unoasm IeuorydO-IA c? co co o ui v l 0 0 O 0 O »'C. O 0 O Ov ,o SulpaasaaAO-A v v ° y,v "o C O O o c1n ;` o 0 0 W 4.4 Sul-mug',aaay uged-AI CO T 0 _ N fe FA CD 'CA E9".4i^: fA Z ::`.N O O O O O 1/4 0 .12 Fc Sul.CeadS-III >i= N 0 iir, CO !. 0 0 0 0 8 8 ,�, `'': p uol;ana;suoD ° on ,st g m uoge8ua pus aduas ue n cl. ' . I P P 'I-II N. CV ;,f in vi '7 0 8 0 8 8 Wig. 0 x aaueua;tim $ uogeSua adea ue SuL to a co a Its: I a8 sp •I' W-I n co ;:,,ti Ln saauaaalaapafoad saapplg x x x x x x x u sao;aua;uoognS Jo;sri x x x x x x x °D V V 313310 s,aalyse3 ao puog pig x x x x x x x a (L Sd a;lq ,9-T s2d anlq);aays)IaoM mg x x x x x x x e o ro alnpayag plg ad x x x x x x x '0 QuuoJ plg x x x x x x x 1 u CO ;dlaaaa paSpaIMou)lau-Z#umpuaPPd x x x x x a g t ;dlaaaa pa2paIMou)lae-I#umpuappy x x x x x 8 L ' r C 0 F V a m E-4 .5 3 n. ,, c 0) 3.8 O a $ 7). 'a 8 m u N v C 8 rn a "0 0 c- 0 0) Z C ami a) a e U C 3 v, E - u J "' U m33 m o v rn w �b wTi r:4 3 'a 1- ° 2 4. c 0 m 0 a)i m (7 2 0 $ *I *Ir a) co a) a) C7 0) 1 0 ii O 0 u� 0 : U L June 28, 1999 Robin Goodman, Contract Administrator Town of Fountain Hills Parks & Recreation Department 16836 E. Palisades Blvd., Building A Fountain Hills, AZ 85268 RE: Annual Landscape Contract for the Town of Fountain Hills and Fountain Hills Unified School District #98 Bid #99-020 Dear Ms. Goodman: After meeting with you on Friday, June 25th, to discuss the results of the bid opening on June 24th' Five Star Landscaping would like to respectfully request an opportunity to withdraw its bid. We understand that there will be no penalty in doing so at this time and that we are welcome to bid on any and all future Town projects and work. We have enjoyed working with the Town and maintaining Fountain Park. We look forward to working with you again in the future. Sincerely, Lenny Traw, Owner Five Star Landscaping 3415 S. McClintock, #111-755 Tempe, AZ 85282 Phone: 998-1280 cc: Julie Ghetti, TOFH %or Randy Harrel, TOFH Rich Dobson, FHUSD TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner M DATE: June 25, 1999 SUBJECT: Considering an objection to a Temporary Use for Day Care Facilities located at 16239 East Ironwood Drive. Staff has received an objection to the Temporary Use request for Day Care facilities at the First Assembly of God located at the above referenced address. The neighbor to the west of the subject property objects due to the proposed location of the child play area. Please refer to the Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS STAFF REPORT July 1, 1999 CASE NO: TU99-03 LOCATION: 16239 East Ironwood Drive, AKA Lot 8, Block 2, Plat 423. REQUEST: Approval of a Temporary Use permit for a Temporary Daycare. DESCRIPTION: OWNER: Assembly of God APPLICANT: Scott Van Lanken EXISTING ZONING: "R1-35" LOT SIZE: 3.46 Acres PROPOSED USE: Existing Church with proposed Day Care and Preschool SURROUNDING LAND USES AND ZONING: NORTH: Single-family residence; zoned "R1-35" SOUTH: Single-family residence; zoned "R1-35" EAST: Duplex; zoned "R-2" WEST: Single-family Residence; zoned "R1-35" SUMMARY: This request is for approval of a Temporary Use Permit to allow a Day Care Facility to be located at 16239 East Ironwood Drive. Under normal circumstances Temporary Use Permits are issued by staff after the required 10 day advertising period. In circumstances where a written protest is received within the posting period the request must go before the Town Council for action. The Fountain Hills Zoning Ordinance requires that under Chapter 2, Section 2.03.D.4 "If there is a written objection received by the closing date of the advertising period, the Council shall consider the application at the first regular meeting held not less than fifteen (15) days after the receipt of said protest. The advertising period for this application ran from June 4, 1999 to June 14, 1999. One (1) protest was received within the required posting period. The proposed operation would have a minimal impact on circulation within the residential district of which it is located. The location of the subject property would provide for easy access to the Day Care facility with relatively little adverse impact to the neighborhood. There would be a slight increase in daily traffic at the intersection of Ironwood Drive and Fountain Hills Boulevard due to the addition of the Day Care use. page 1 of 2 Locating the play area on the west side of the existing building may have an adverse impact on the adjacent residence. Noise emitted from the play area may be heard at the residence to the west, which is located approximately fifty (50) feet from the proposed play area. The applicants engineered survey of the site shows this location is also within a twenty foot Public Utility and Drainage easement. Staff strictly regulates construction within this easement but has no record of the easement. Temporary Uses are valid for two years upon approval of the use. CODE REQUIREMENTS: 10.03 Uses Subject to Temporary Use Permit: A. Day Care Center for the Care of More Than Five (5) People. A day care center for the care of more than five (5) people is permitted by temporary use permit only. A day care center for the care of more than five (5) people may be operated in these Zoning Districts with the following minimal stipulations: 1. The Day Care Operator must reside in the house. If a non-residential facility is legally used for another purpose, such as a church building, this requirement may be waived. 2. No more than ten (10) non-residents may be cared for in a residential structure. 3. Only one non-resident employee may be allowed and one (1) additional on-site parking space shall be required for this employee. 4. One non-tandem parking space shall be required for each five (5) persons, or fraction thereof, allowed in the day care center. 5. Any operation of a Day Care Center prior to 6:00 A.M. and affer 8:00 P.M. is permitted only by Special Use Permit. 6. Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of the residence shall be permitted. 7. The play yard must be fenced with a minimum five (5) foot high fence. 8. No playground equipment and ornamental figures or designs denoting a Day Care Center shall be allowed in front of the house line. 9. Any Day Care Facility with a swimming pool or other applicable body of water as defined in Section 5.09.D. of this Ordinance must page 2 of 2 meet the requirements for a pool enclosure described in that Section. 10. Any Day Care Center which cares for more than five (5) people shall be licensed by the State of Arizona. FINDINGS OF FACT: 1. The proposed use has been stated in the application to use the west side of the existing Church building to locate a child play area, within an existing Public Utility and Drainage Easement. 2. One (1) written protest has been received by staff within the required posting period. The underlying issue of the protest relates to the child play area being located within an audible distance from the residence at 16229 East Ironwood Drive. Staff also has concerns with siting play equipment within the Public Utility and Drainage Easement located adjacent the western property line on the applicants site plan. Though the applicants engineered site plan shows a Public Utility and Drainage Easement, the Town has no record of this. The application, a map, pictures and a copy of the protest are attached to this report. RECOMMENDATION: Based on Town Ordinance Section 10.03 Uses Subject to Temporary Use staff finds that this request is consistent with the intent of this section of the ordinance and therefore recommends approval of this Temporary Use Permit with the following stipulation 1.) That the child play area not be located on the western side of the existing building. page 3 of 2 OJTN� Op TOWN OF FOUNTAIN HILLS * . '' COMMUNITY DEVELOPMENT DEPARTMENT s --RARtyfu.S . ERN.I N'yr P OCATIOI l , Date Filed I FeePaid May 25, 1 999 $3;55 .00 TypeAccepted B 0 of Temporary p ry Use Requested Day Care / Preschool • Date(s)Temporary Use Will Occur From: 1 0-1 -99 1 0-1 -01 To: Address of Subject Property Zoning 16239 E. Ironwood Drive I R135 Legal Description: Plat Block 423 2 Lot(s) 8 Applicant Scott Von Lanken Day Phone Address (480 )837-3735 P.O. Box 17267 I City Fountain Bin TAZ I Zip Owner 85269 Assembly of God Day Phone (Scott Von Lanken - Chairman of the Board) (480 )837-3735 Address Cit Y - P.O. Box 17267 Fountain Hil1sSTAZ Zip85269 gnature of Owner-- I HERBY AUTHORIZE(Please Print) Date ..1 / ` `e TO FILE THIS APPLICATION. S-----?y-1 l® l�/ 1 S bscribe and swor before me this ,2f`? , 19 9l. Qt / )AJc) day of-I-77 ACOL L nck: ( _1 My Comm issi, - -� r - '/' wAii�� i Notary ublic I '>fitC►r t) % / INDA S. JOHNSON 1 ( Gr ,C,�_. OTARY PUBLIC-ARIZONA 1 F, .. MARICOPA COUNTY My Comm.Expires June 30,2002 ) Please Provide the Following (attach additional sheets): 1. Site Plan showing location of the temporary use and the orientation of surrounding properties. 2. Mailing labels with names and addresses of property owners within 300 feet of the proposed temporary use boundaries. 3. Description of the proposed use, the operations of the use, and the facilities proposed for the land use. 4. Describe any adverse impact which the proposed land use may have on the surrounding properties, and on the neighborhood. Describe the steps that will be taken to avoid or lessen these adverse impacts. TFH Case Number Fee Schedule Attached i_U `V - 0 --) Attachment 3. Description of the proposed use, the operations of the use, and the facilities proposed for the land use. The building will be used as a Child Development Center. There will be a Daycare for ages 1- 2 1/2 and a Preschool for ages 2 1/2 - 5. The building will be used for these purposes from 6:30am - 6:30pm, Monday through Friday. There will be a Playground constructed on the property. The Playground will be used at different times throughout each day. 4. Describe any adverse impact which the proposed land use may have on the surrounding properties, and on the neighborhood. There will be no adverse impact on the surrounding properties or the neighborhood. L 5. Describe the steps that will be taken to avoid or lessen these adverse impacts. There will be no adverse impact, so there is no need to take any steps. L � I l t . L , 73 •6 �" ;;y R=2 7 J17 35 6 j ' — -1 �' - # . ............... This drawing is enlarged. 7 36 I � 8r� imil "' .. Highlighted area is f j �._ the approximate space that will be used • i 4) /,• 1 • Q for the playground. i ;:c 11 ! 2 '3 `� • /730.37The whole area will be enclosed by a J\ ' 5 foot fence. All shaded areas and playground equipment /\� 11V will be the required . .` /4) it distance away from property lines. #0.17,70.,,,,,,, I __iv*. 3� .27 1i729, 1- `• (how 2 . 75 4 i • L 9 .9 tll > >//‘ / /./ / ; / / �1: , �,� (6• . .ii i 0 . ( I - 0- . 1 ";:y7-).-, . I 1. 4071fI/ 1 EXISTING BUILDft / ; • iI . 20 r: • OTC Stanley Koveikis 16415 E. Desert Sage Drive Fountain Hills, Az. 85268 837-9308 June 10,1999 Town of Fountain Hills Dana Burkhardt This letter is to protest any permit temporary or otherwise for a day care center located at 16239 East Ironwood Drive. L I own the property directly next door at 16229 East Ironwood Drive. This day care center proposed playground would be 30 feet from my home. I bought this property and built a home in a area zoned "residential" and the town already allowed a church to be built next door that is 4 times the size of a normal house. Stanley Koveikis L 0 OB 'p p., L . ti) 4 OC •Z.3a",�i 'Cr ,O1o3 wa ,,,98: 5 I A�/ S 5z CAE ; �" ,� s, 9 Jo •�aac`i.', 1 A Cv�qGp, p�. �i'ti 'c/o" �% 0 o VE HI /p Zp. D �ti ,�' ;� i 1 k No , ,,, N, / r , • '9 / c o v- 11' . ,:v 49s / ,- " , //: �c, Z 1 to v/ . /%Qc. - ill CI O � . S. / '� rk--"‘,(Z, \I , c ,i A , if),_ \ondo , Z va1' !, � ' IS19M N A3)(41 / :/, N e _ 71 0 vi o y 9W . \ I • b )-�J8,6- ")�o .of .�S 66w o �,.6�..vs- zs \)• w h/ 1 . o .sZ'cz V ,,, - ___ ___. , 0 ,, OoOc �S � -- _ ._ ... ; .\ ,,,,, , A 4. . \., ,, ,,, , / ,;.; :tkv. ., , , 0) u. c,. , .Si.% o,,. , 4 . ' . I /. (vi it7t-'. N �' 0 1 0o ,;').2 . . s.x...1 _ N o� N N n . / / p i '� R1‘ 1 �/a Q. i No S�/9� / Q Z N � p�� � � rT) h ;`i Ovf a ,� N b k 4. ' N 0 N o ,h L l' - 70' " VeltilkF' . 71 .''. ' :., .;‘'141 '17,-. 1- 4..„,,:„...„, , .. ,,: ... -.,..„..,,,,,.. ,,..:::,,.--7.7: ,.,4,,,„?4,7,.:::: NW 4111100- . _ .. .,.;fir, 1„1 na, - ...... a: \ i J `\ �'�4 r �� \\,,\ (60 *' j z a w y _ • w `. Z - - .‘ , , tt:y. w 0 ---.- el`r: d1 r 4 O ' oc • } 4a :d so j t� 4 } iir Vei '. . • • A • 1t ? rwwawiw����l 4 fy (�' : r • TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Common Council THROUGH: Paul Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner DATE: June 25, 1999 SUBJECT: Consideration of an amendment to The Zoning Ordinance of the Town of Fountain Hills amending Chapter 5, Section 5.11.B Grading Standards of The Zoning Ordinance of the Town of Fountain Hills amending the requirements for grading on single family residential lots platted prior to November 3, 1996. At the request of Councilwomen Wiggishoff and P & Z Chairwomen Fraverd, staff prepared and the Commission has recommended approval of the following text amendment on June 24, 1999. The amendment reinstates the practice of allowing a certain residual amount of lot area to be disturbed, above and beyond the four times the footprint calculation, under certain circumstances. The proposed text amendment is double underlined. Chapter 5 Land Disturbance 3. Grading of Single-Family Residential Zoned Platted Land. In all single-family residential zoning districts the extent of disturbance on platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996 shall be limited to the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lots disturbance limitations of this subsection). (a) Four (4) times the size of the footprint of the house or building, (including the pad for the house or building). Footprint means that area of the house or building measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carport, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the house or building). A twenty (20) foot wide band of primary driveway access is excluded from the land disturbance area limitations. If a residual area remains after computing the allowed area of disturbance of a lot or parcel, and anv the following conditions apply the Community Development Director. or his desi nee. may allow the property owner to disturb all or a portion of residual area. 1 The residual area of the lot or parcel was previously permitted to be disturbed during subdivision construction 2 There are no significant areas of native vegetation to be preserved. 3) There are no rock outcrops or significant topo'ra hical features to be preserved. 4) All adjacent prQpert owners were permitted to disturb property adjacent to the residual area. There shall be no waiver of residual area by the Community Development Director or his designee, which: 1 Contains rock outcrops. si.nificant topographical features_, significant native vegetation or 2) Abut land dedicat-d in an form as non-disturittance or oppen space. such as wash parcels native open space tracts hillside protection easements or other non-disturbance areas on privately owned land. etc. L L (1610, TOWN OF FOUNTAIN HILLS ORDINANCE 99-20 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 5, SECTION 5.11.B OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR LAND DISTURBANCE ALLOWING THE COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE THE MAXIMUM DISTURBANCE ON SINGLE FAMILY LOTS IF CERTAIN CRITERIA ARE MET. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and 4610 WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning ordinance; and WHEREAS, Public hearings were advertised in the June 2, 9,16, 23, and 30, 1999. editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on June 24, 1999 and the Mayor and Common Council on July 1, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: S cticn 1. The Town of Fountain Hills Zoning Ordinance, Chapter 5 Section 5.11.B of the Zoning Ordinance of the Town of Fountain Hills Shall be amended by amending the requirements for land disturbance allowing the Community Development Director to waive the maximum land disturbance on single family zoned lots if certain criteria are met as shown in Exhibit"A". Q q PASS FAIL _ — l I • ION SECOND COUNT 7 L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 1st day of July, 1999. FOR THE TOWN OF F UNTAIN HILLS: ATTESTED TO: (1A.A22A-uKt Sharon Morgan, a r Cassie B. Hansen, Town Clerk REVIEW D BY: APPROVED AS TO FORM: t— .07,c}Z„' f°Y6e- ta Paul L. ordin, Town Manager William E. Farrell, Town Attorney L L Ordinance 1999-20 Page 2 of 3 EXHIBIT"A" Chapter 5 Land Disturbance 3. Grading of Sinale-Family Residential Zoned Platted Land. In all single-family residential zoning districts the extent of disturbance on platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996 shall be limited to the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lots disturbance limitations of this subsection). (a) Four (4) times the size of the footprint of the house or building, (including the pad for the house or building). Footprint means that area of the house or building measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carport, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the house or building). A twenty (20) foot wide band of primary driveway access is excluded from the land disturbance area limitations. If a residual area remains after c•mputing the allowed area of disturbance of a lot or parcel, and any the following conditions apply, the Community Develo•ment Director or his des'anee, m•v allow th- •ropej owner to disturb all or a portion of residual area, 1 The residual area of the lot or Parcel was previously permitted to be disturbed during subdivision construction. 2 Ther- are n• i•nifi ant area •f n•tiv- vegetgti.n to be preserved. 3) There =are no rock outcrops or significant t poaraphical features to be preserved 4) Al •d'acent •ro•e •wners w e o'rmittill to disturb property adjacent to the residual area, There shall be no waiver of resid I area by the Community Development Director, or his designee, which: 11 Contains rock outcrops significant tonogranhical features significant native vegetation or 2) Abut land dedicated in any form as non disturbance r open space such as wash parcels native open space tracts hillside protection easements, or other non-disturbance areas on privately owned land, etc. L Ordinance 1999-20 Page 3 of 3 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul Nordin, Town Manager FROM: Geir Sverdrup, Senior Pla DATE: June 25, 1999 SUBJECT: Consideration of Council initiation of a text amendment to The Zoning Ordinance for the Town of Fountain Hills amending Chapter 18, Section 18.08 adopting design guidelines for the Town Center Commercial Zoning District. Staff has prepared the attached Town Center Design Guidelines for the Council review. The guidelines are currently in booklet format, and would be copied to the public in this format for ease of reading. Once initiated they will be converted into Zoning Ordinance format for insertion into Chapter 18, Section 18.08. Staff has worked with MCO properties in the development of these guidelines, and has incorporated many ideas/concepts from documents prepared for MCO by outside consultants. Staff feels that the attached Design Guidelines will enable Town staff and the property owner, (MCO) to develop a well designed downtown commercial core. Design Guidelines For Town Center Commercial Zoning District Master Architecture Comprehensive Sign Plan and Master Landscape and Lighting Approved by Town Council _/ /_ Ordinance 99- L Statement of Purpose The purpose of the Design Guidelines for Town Center Commercial Zoning District are to establish regulations and restrictions regarding aesthetics relative to architecture and details,comprehensive sign plan and landscape &lighting. The following guidelines represent minimum standards adopted by the Town Council to promote compatible development within the Town Center Commercial Zoning District(TCCD) zoned property. Development in the TCCZD shall comply with the regulation of Chapter 17 of The Zoning Ordinance of the Town of Fountain Hills or these design guidelines which ever is more restrictive. L Master Architectural Design Guidelines Produce an orderly and aesthetically pleasing development that is compatible with the urban desert setting of the Fountain Hills downtown commercial core. All building plans must be sealed by an Arizona registered architect with an accompanying site plan sealed by an Arizona registered engineer or land surveyor. Architectural style is to be Southwest Contemporary utilizing raised parapets and/or sloping roofs with concrete tile as appropriate. All elevations are to be of front elevation quality with the exception of common walls. Common walls, which will not have an adjacent building under construction within six (6) months, shall be required to be stuccoed and painted in a similar manner as to the front elevation. Roof forms must be continuous and wrap around corners/building planes. Roof lines shall be articulated. Elevations shall use any combination of the following: masonry, natural stone, stucco, rusted or painted steel and exposed wooden beams and columns. Buildings may utilize sills, leaders,beltcourses and similar ornamental features to visually articulate elevations. Elevations shall utilize more than one material in the face of the elevations excluding windows. Windows shall not utilize reflective glass on any elevation. The Community Development Director may administratively approve alternative materials with appeal to the Town Council. Wood siding and unfinished masonry, with the exception of split face block, is prohibited. All rooftop equipment shall be screened from view from any street,public right-of way, or surrounding property and shall be architecturally integrated into the building design. All trash enclosures,utilities or other ground mounted equipment shall be screened from the general public by a six(6)foot high stuccoed and painted masonry wall. Trash enclosures shall be gated with fully screened gates painted to match adjacent walls. Wall mounted utilities shall be enclosed in a cabinet painted to match the exterior wall color in that location. Outdoor storage is prohibited. All storage shall be located within the building or contained within a fully enclosed structure architecturally integrated into the building. Wooden and chain-link fences are prohibited. Color schemes shall be selected from the Color Palette located on page_. The Community Development Director may administratively approve alternative color schemes with appeal to the Town of Fountain Hills Town Council. L (iiry Comprehensive Sign Plan The purpose of these sign regulations is intended to encourage attractive signs for businesses and services located within the TCCZD while promoting the general welfare of the community by creating more aesthetically appearing street frontages through the use of controlled signs. Definitions of signs are as stated in Chapter 6, Section 6.02 of the Zoning Ordinance of the Town of Fountain Hills. Sign area shall be measured per Chapter 6, Section 6.03 of the Zoning Ordinance of the Town of Fountain Hills. Signs for the TCCZD shall meet the following criteria: Individual Business signs Sign area is based on a one to one ratio. The total aggregate area of one(1) face of all signs on the premises pertaining to any one business shall not exceed the square footage equal to the linear feet of the store/lot frontage. However the total aggregate area of all such signs for one business shall not exceed one hundred (100) square feet and the maximum size of any one sign shall not exceed fifty (50) square feet. For corner lots/buildings only the main entrance shall be so measured. Window signs shall be limited to two(2) square feet maximum. Signs shall be individual letters/symbols attached to the face of the building. Cabinet signs are prohibited. Signs may be illuminated by a focused,hooded light source or through reverse pan channel letters with a hidden light source. Complex Signs A directory sign(s)may be utilized for unified developments and shall not exceed six(6) square feet per sign. Directory sign(s) are not included in the calculation for individual businesses. For a complex under unified control, one monument sign may be permitted,parcels of one(1) acre or larger located on a corner may be permitted two(2) monument signs with one sign per street frontage,neither of which may be located closer than fifty (50)from the intersection. Such signs containing only the name of the complex shall not be included in the calculation for individual businesses. Monument signs shall be individual letters/symbols attached to the face of the monument. Monument signs shall utilize similar materials as used in the construction of the building complex. Internally illuminated signs are prohibited. Signs may be illuminated by a focused, hooded light source or through reverse pan channel letters with a hidden light source. Directory and monument signs may contain up to 2 square feet of sign area per business, however such area shall be subtracted from the sign area allowed for individual businesses. In no case shall such a sign be taller than five(5)feet located behind the required building setback or taller than forty-two (42) inches located within the required setback. Such signs shall not exceed twenty-four(24) square feet in area. Banners,pennants and other displays are allowed only as stated in Chapter 6, Section 6.08.0 of the Zoning Ordinance of the Town of Fountain Hills. Color Palette Individual letters shall utilize materials that are or are made to appear as naturally occurring materials. Colors are to be earth tones compatible with the color palette found on page_of these guidelines. The Community Development Director may administratively approve alternative color schemes with appeal to (1420, the Town of Fountain Hills Town Council. Master Landscape and Lighting Plan The purpose of these design guidelines is to define the landscape character of the Fountain Hills mixed-use properties referred to as Town Center Commercial Zoning Distri. The landscape guidelnes in conjunction with other sections assist in establishing the theme and identity for these Downtown properties. The primary objective of these guidelines for the Town Center area is to create an attractive natural,desert setting for the community. The plant palette consists of a select list of low-water use trees, shrubs, ground covers and accents that perform well in this region. The design guidelines address both residential and commercial uses. The requirements are unique to each use to appropriately deal with differing scale and intensity of use within each category. Additionally, special attention is required for those parcels that abut public streets (regardless of use). In general,the landscape character should appear naturalistic with an informal and organic layout that mimics the randomness of the natural desert. The Community Development Director may administratively approve alternative plant materials, light sources and/or hardscape materials with appeal to the Town of Fountain Hills Town Council. Minimum Plant Requirements The minimum quantity and size of landscaping materials required is based on the actual square footage of the landscape area. The landscape area is determined by measuring all areas that are not being utilized for turf,parking,buildings and/or hardscape elements. Minimum plant requirements shall be determined by the following tables: Residential Development Projects. Plant Type Min. Size Min. Plants per S.F. • Trees 48"box 1:3,000 S.F. 36"box 2:3,000 S.F. 24"box 1:3,000 S.F. • Shrubs 5 gal 1:200 S.F. 1 gal 1:100 S.F. • Ground Covers 1 gal 1:50 S.F. • Accents 5 gal 1:300 S.F. • Boulders '/Ton 1:300 S.F. • Saguaro 10" (min.) 1:3000 S.F. • Ocotillo 8-spine (min.) 1:1500 S.F. Note: These requirements apply to common landscape areas only and do not apply to private courtyards. L Chron 173 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Jim Leubner ?Z THROUGH: Paul Paul Nordin DATE: June 25, 1999 RE: Request to "waiver out" of the Arizona Department of Commerce Energy Office mandatory alternative fuel program The mandatory Alternative Fuel Program was passed by the Arizona Legislature in 1993, A.R.S. §15-349 and requires cities and towns in Maricopa County to convert their fleets to alternative fuel vehicles. The current mandate for cities and towns is 50% total fleet conversions to alternative fuels by December 31, 1998 and 75% conversion by December 31, 2000. The Town had previously "waivered out" of earlier year mandates. Cities and towns that did not meet the required mandates by December 31, 1998 are required to submit "waiver out" applications to the Energy Office in addition to receiving city or town council approval. The Town has two (2) alternative fuel vehicles that use propane fuel (Vehicle E-01), and either propane or gas fuel (Vehicle B-05). Both vehicles have had a disportionate share of maintenance problems and our newest vehicle (B-05) has had considerable "down time" (3 months) since its purchase in just late 1998. This "down time" forces the Town to utilize other vehicles from the fleet, resulting in additional costs and inconveniences to staff personnel. The estimated maintenance/repair costs for this vehicle (B-05) would have been near$14,000 had it not been under warranty. The summary cost data sheets for both vehicles show that both vehicles quality to "waiver out" of the program. A chronological list of maintenance problems is included in the report. Staff recommends approval of the fuel vehicle waiver application. bb att. L Alternative Fuel Waiver Alternative Fuel Vehicle Waiver Application Vehicle Worksheet Date: 24-Jun-99 Name of Organization: Town of Fountain Hills Address: P.O.Box 17958 Fountain Hills,AZ 85269 Contact Name: James P.Leubner Phone: (602)816-5141 Total Number of Fleet Vehicles: 37 Number of Alternative Fuel Vehicles Required By 12/31/95(18%): 7 Number of Alternative Fuel Vehicles Required By 12/31/96(25%): 9 Number of Alternative Fuel Vehicles Required By 12/31/98(50%): 19 Number of Alternative Fuel Vehicles Required By 12/31/00(75%): 28 Fuel Costs $/GGE* Alt.Fuel ............................ Cost of Gasoline: $1.20 Cost of Diesel: $1.40 Cost of Alternative Fuel 1: $1.35 LPG Cost of Alternative Fuel 2: $0.00 Cost of Alternative Fuel 3: $0.00 * GGE=Gasoline Gallon Equivalent(115,000 BTU) Lower Heating Values BTU/Gal BTU/Lb. BTU/cu.ft. Gasoline 115,000 18,000 Diesel 128,400 18,000 Propane 84,500 19,800 Natural Gas** 21,300 1,028 Approximately Hydrogen 51,532 ** Natural gas is usually measured in therms.A therm=100,000 BTU. Page 1 Vehicle E-01 (Propane) Alternative Fuel Vehicle Waiver Application Vehicle Worksheet Town of Fountain Hills TABLE 1 Total Fleet Vehicles Operation Cost Before Mandates Average Annual Annual Annual Vehicle Purchase Salvage Annual Gallons of Cost of Maintenance Cost of Value of Vehicle Miles Fuel Used Fuel Fuel Cost Vehicle Vehicle 1991 CHEVROLETE TRUCK 9,000 800 GASOLINE $960 $450 $17,000 $2,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total 9,000 800 $960 $450 $17,000 $2,000 Page 2 Vehicle E-01 (Propane) Alternative Fuel Vehicle Waiver Application Vehicle Worksheet Town of Fountain Hills TABLE 2 Total Fleet Vehicles Operation Cost After Mandates Average Annual Alt:' Annual Annual Vehicle Purchase/ Salvage Annual Gallons of Fuel Cost of Maintenance Conversion Value of Vehicle Miles Fuel Used (1,2,3) Fuel Cost Cost Vehicle 1991 CHEVROLET TRUCK 9,000 1,100 1 $1,485 550 20000 2000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 (1111111, $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total 9,000 1,100 $1,485 $550 $20,000 $2,000 Page 3 Vehicle E-01 (Propane) Alternative Fuel Vehicle Waiver Application Vehicle Worksheet Town of Fountain Hills Life Cycle Cost&Net Cost Calculations Fleet Vehicle Operation Costs Initial or Escalation Discount 10 Year Before Alt.Fuel Mandates Annual Cost Rate(%) Rate(%) Present Cost Conventional Station Cost $0 $0 Annual Station Operation Cost $0 2.5% 10.0% $0 Annual Vehicle Fuel Cost $960 2.5% 10.0% $6,483 Annual Vehicle Maint.Cost $450 3.0% 10.0% $3,098 Vehicle Capital Cost $17,000 $17,000 Vehicle Salvage Value $2,000 10.0% $771 $25,809 Fleet Vehicle Operation Costs Initial or Escalation Discount 10 Year After Alt.Fuel Mandates Annual Cost Rate(%) Rate(%) Present Cost Alternative Fuel Station Cost $0 $0 Annual Station Operation Cost $0 3.0% 10.0% $0 Annual Vehicle Fuel Cost $1,485 2.0% 10.0% $9,839 Annual Vehicle Maint.Cost $550 3.0% 10.0% $3,786 Vehicle Capital/Conversion Cost $20,000 $20,000 Vehicle Salvage Value $2,000 10.0% $771 $32,854 Conventional Vehicles Present Cost: $25,809 Alternative Fuel Vehicles Present Cost: $32,854 Net Cost: $7,044 Percent Change: 27.3% You may opt out of mandates. L Page 4 Vehicle B-05 (Propane and Gas) Alternative Fuel Vehicle Waiver Application Vehicle Worksheet Town of Fountain Hills „ TABLE 1 Total Fleet Vehicles Operation Cost Before Mandates Average Annual Annual Annual Vehicle Purchase Salvage Annual Gallons of Cost of Maintenance Cost of Value of Vehicle Miles Fuel Used Fuel Fuel Cost Vehicle Vehicle 1998 FORD TRUCK 8,800 800 GASOLINE $960 $450 $16,816 $12,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Low $0 $0 Total 8,800 800 $960 $450 $16,816 $12,000 Page 2 Vehicle B-05 (Propane and Gas) Alternative Fuel Vehicle Waiver Application Vehicle Worksheet Town of Fountain Hills TABLE 2 Total Fleet Vehicles Operation Cost After Mandates Average Annual Alt. Annual Annual Vehicle Purchase/ Salvage Annual Gallons of Fuel Cost of Maintenance Conversion Value of Vehicle Miles Fuel Used (1,2,3) Fuel Cost Cost Vehicle 1998 FORD TRUCK 8,800 1,000 1 $1,350 1500 19816 15000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $o $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total 8800 1,000 $1,350 $1,500 $19,816 $15,000 Page 3 Vehicle B-05 (Propane and Gas) Alternative Fuel Vehicle Waiver Application Vehicle Worksheet (111100 Town of Fountain Hills Life Cycle Cost&Net Cost Calculations Fleet Vehicle Operation Costs Initial or Escalation Discount 10 Year Before Alt.Fuel Mandates Annual Cost Rate(%) Rate(%) Present Cost Conventional Station Cost $0 $0 Annual Station Operation Cost $0 2.5% 10.0% $0 Annual Vehicle Fuel Cost $960 2.5% 10.0% $6,483 Annual Vehicle Maint.Cost $450 3.0% 10.0% $3,098 Vehicle Capital Cost $16,816 $16,816 Vehicle Salvage Value $12,000 10.0% $4,627 $21,770 Fleet Vehicle Operation Costs Initial or Escalation Discount 10 Year After Alt.Fuel Mandates Annual Cost Rate(%) Rate(%) Present Cost Alternative Fuel Station Cost $0 $0 Annual Station Operation Cost $0 3.0% 10.0% $0 Annual Vehicle Fuel Cost $1,350 2.0% 10.0% $8,944 Annual Vehicle Maint.Cost $1,500 3.0% 10.0% $10,326 Vehicle Capital/Conversion Cost $19,816 $19,816 Vehicle Salvage Value $15,000 10.0% $5,783 $33,303 Conventional Vehicles Present Cost: $21,770 Alternative Fuel Vehicles Present Cost: $33,303 Net Cost: $11,533 Percent Change: 53.0% You may opt out of mandates. Page 4 Chron 173 OPERATION MAINTENANCE REPORT FOR PROPANE VEHICLES Vehicle B-01 On June 19, 1993, a 1991 Chevrolet half-ton truck was designated to be the first Town vehicle to be converted to bi-fuel operation (gas and propane). The retrofit installation of the propane system was done by Fountain Hills LP Gas. The conversion was of poor quality and craftsmanship. This truck has been back to Fountain Hills LP Gas a number of times in the last 6 years for propane related problems. Fountain Hills LP Gas has now moved out of the Town area, and future repairs are anticipated to be more difficult to obtain. The major component that fails is the propane fuel regulator. Since the propane conversion was done in poor quality we have lost the use of the unleaded fuel capacity; this only allows the truck to be operated on propane only. Since the conversion took place, this truck has not run very well in the last 6 years. Vehicle B-05 On June 19, 1998, a 1998 Ford F-150 bi-fuel (gas and propane) was purchased from Lou Grubb Ford. On October 19, 1998 we had a propane problem with the truck. We brought the truck to the dealership for the repairs; it took 4 weeks and 2 days for the repairs to be accomplished. On February 2, 1999 we had a propane problem with the truck again. We brought the truck to the dealership for the same problem it had in October of 1998. It took 6 weeks to get the parts and tools for Lou Grubb Ford to make the necessary repairs. On April 16, 1999 we had, for the third time, the same propane problem we encountered before. The truck was brought back to Lou Grubb Ford for the repairs. The repairs were accomplished in 2 days and the vehicle was put back into the operating fleet. At the current time the vehicle has developed a propane leak in and around the main propane control module. We are currently scheduling with Lou Grubb to take care of this problem. Operations In addition to the repairs needed for both trucks, our maintenance repair facility does not have the specialized tools or the training, to allow for the repairs for these types of vehicles in the fleet. The propane fuel gauge is virtually useless below half-full. Our operators (Vehicle E-01) carry a spare 1-gallon tank with an adapter for emergency refill (averaging bi-monthly usage). Our current contracted fueling station has their operator fill propane, because of insurance requirements. Filling up can take 15-30 minutes, and is not available during late evening or night hours. Information provided by: George Roth, Mechanic Dan Schmerfeld, Inspector Vehicle Operator Alternative Fuel Waiver Chron 171 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Randy L. Harre L>6 THROUGH: Paul Nordin DATE: June 24, 1999 RE: Streets Maintenance/Construction Annual Contracts—Authorization Increase Concrete, Asphalt, Slurry Seal, and Emulsion Seal The Town has a number of annual contracts for major street maintenance/construction. All the contracts are for a one-year period, with an option to renew for additional one-year periods, with prices adjusted for inflation each year. The concrete, asphalt, and emulsion seal contracts were renewed last November, and the slurry seal contract was re-bid in April. Contract authorization for all these contracts was set at the FY 98-99 budget amounts. Those contract authorizations were fully—or nearly—expended during FY 98-99. In order to expend the amounts shown in the FY 99-00 budget, additional contract authorization is needed for each of these contracts as shown on the attached table. Staff is requesting contract authorization amounts equal to the FY 99-00 budged amounts for each contract. Staff recommends approval of increasing the authorized contract amounts for the annual concrete,asphalt,slurry seal,and emulsion seal contracts, as follows: Contract# Contract Contractor FY 99-00 Authorization ENG 95-001 Concrete Markham $185,000 ENG 95-004 Asphalt Markham $250,000 ENG 98-030 Slurry Seal Southwest Slurry $500,000 ENG 95-002 Emulsion Seal Domino Road Coatings $100,000 bb att. cc: Tom Ward Pat Harvey Julie Ghetti Joan Doran Annual Contract Work Extension Streets Annual Contracts Contract Authorization for FY 99-00 Work Contract 1999-00 Proposed Slurry Emulsion Separate Project Budget Concrete Asphalt Seal Seal Contract TRAFFIC SIGNALS Saguaro/Grande Intersection 100,000 100,000 Warning Flashers 30,000 _ 30,000 Signal Upgrades 50,000 50,000 STREET ENHANCEMENTS Sidewalks 30,000 30,000 Town Directional Signage 70,000 70000 Traffic Calming 10,000 5,000 5,000 DRAINAGE • Hazard Mitigation Grant-3 projects(Incl.FEMA Grant-$30K) 80,000 40,000 40,000 Minor Drainage Problems(5 locations) 25,000 10,000, 15,000 STREET MAINTENANCE _ Emulsion 100,000 _ 100,000 Slurry Seal 350,000 350,000 Overlay 100,000 100,000 Reconstruct 90,000 90,000 1116, Microsurface 150,000 150,000 Curb Repair&Sidewalk 100,000 100,000 Total 1,285,000 185,000 250,000 500,000 100,000 250,000 L Annual Contract Extension 6/25/99 Commercial Development Projects. Plant Type Min. Size Min.Plants per S.F. • Trees 48"box 1:2,000 S.F. 36"box 2:2,000 S.F. 24"box 1:2,000 S.F. • Shrubs 5 gal 1:100 S.F. 1 gal 1:100 S.F. • Ground Covers 1 gal 1:50 S.F. • Accents 5 gal 1:200 S.F. • Boulders '/Ton 1:300 S.F. • Saguaro 10' (min.) 1:3000 S.F. • Ocotillo 8-spine(min.) 1:1500 S.F. Design Concepts. • Trees shall be used to soften the architecture of the proposed buildings and provide shade for parking and pedestrian areas. The limited variety of acceptable trees is intended to create continuity and compatibility within the entire Town Center area. • Shrubs shall be used to create foundation planting adjacent to proposed buildings to provide an appropriate transition between the building and the ground plane. Shrubs should also be used to provide visual screening for parking areas and utility boxes. • Ground covers shall be used to provide continuity within the landscape and tie together the other landscape elements. • Accents shall be used to create interest within the development project. Accents should be situated in a natural setting that is integrated with other landscape elements. • Boulders shall be used to enhance the natural desert setting of the area. Turf Grass. Turf may be used subject to the following criteria: • Turf may not exceed 50% of the total landscape area. • The minimum width of turf shall be 5-feet. • The minimum turf area shall be 200 square feet. • Turf may not be located in public rights-of-way per Arizona Department of Water Resources guidelines. • All turf areas shall be watered with an automatic underground irrigation system. • Turf shall be integrated within the other landscape and hardscape elements. • Turf shall be setback a minimum of one-foot from sidewalks and parking areas to avoid over-spray. • Common Bermuda grass is prohibited,however, Bermuda hybrids are acceptable. L Additional Requirements. Parking Lots. Parking lots adjacent to other developments or streets shall be screened by a minimum three-foot high wall and/or mounding. Landscaped berms and site walls or the combination thereof shall not to exceed 42 inches in height. Parking lot landscape islands should be a minimum of 8-feet wide (inside dimension) and contain one tree from the Approved Plant List below. Trees. Trees must conform to the minimum container size required above or the minimum plant size identified on the plant list, whichever is greater. Trees must be setback from sidewalks and driveways a minimum of five-feet. Decomposed Granite. All non-turf landscape areas shall be covered with a minimum of four-inches of 1" screened Aztec Brown decomposed granite. Boulders. Boulders shall be surface select granite boulders placed in naturalistic groupings. Boulders shall be buried approximately 1/3 below finished grade of the landscape area. Site Grading. Mounding and site grading is encouraged to create a unique appearance. Maximum slope of mounding is not to exceed 3:1 and must be naturalistic in appearance. Headers and Borders. Extruded concrete or masonry unit borders between turf and desert landscape areas are required. Use of integrally colored concrete or mortar is encouraged. Irrigation. All landscaping is to be watered with an underground, automatic irrigation system. Irrigation equipment is to be located in inconspicuous locations or screened by walls or plants. Streetscape Considerations. The"streetscape" area is that area between proposed buildings and/or parking lots and the adjacent street. These areas are the most visible to the public and are subject to these additional requirements: Accent Trees. Accent trees are intended to highlight and acknowledge the intersections of streets and/or driveways with streets. The accent tree required is the Desert Ironwood Tree(Olneya tesota). Minimum size required is 54"box. The Ironwood Tree should be planted in a cluster(minimum three trees) on each side of the intersection. Trees may not interfere with any sight visibility easements or triangles per applicable Town codes. Streetscape Trees. Streetscape trees are intended to provide continuity along the adjacent street. The required streetscape trees are the Palo Verde Tree(Cercidium species) and the Mesquite Tree(Prosopis species). Minimum size required is 48"box. The trees shall be planted at approximately 40-feet on center and no closer than 25-feet on center. The trees shall be setback a minimum of eight-feet(8')from the sidewalk or street. The trees required for streetscape embellishment may be used to satisfy a portion the overall tree requirement for the project. L Prohibited Materials. Lir The following materials are prohibited from use within the Town Center development: • River Run Rock,except for drainage swales, (appropriately colored crushed granite rip-rap is acceptable). • Steel, scalloped concrete or wooden headers or borders. • Colored rock or decomposed granite other than that specified within this document. Approved Plant List. The purpose of the Approved Plant List is to establish continuity and consistency within the Town Center development area. Trees. Common Min. Size Min. Size Min. Size Min. Size Name 24" Box 36"Box 48"Box 54"Box • Ironwood Tree* 6x3' (1.25") 8x6' (2.0") 12x10' (3.0") 14x12' (3.5") • Native Palo Verde Sp.* 7x4" (1.0") 10x8' (2.0") 14x11' (3.0") -- • Sonoran Palo Verde* 7x4' (1.0") 10x8' (2.0") 12x12' (3.0") -- • Chilean Mesquite* 8x5' (1.0") 10x9' (2.0") 14x13' (3.0") -- • Sissoo Tree 10x4' (1.25") 15x10' (3.0") Not Available -- • Sweet Acacia* 8x5' (1.0") 10x9' (2.0") 14x12' (3.0") -- • Shoestring Acacia 9x4' (1.5") 13x6' (2.5") 17x8' (4.0") -- • Texas Mountain Laurel 4x2' (1.0") 6x4' (2.0") 8x6' (3.0") -- Le • Texas Ebony* 6x4' (1.0") 8x6' (2.0") 11x8' (3.0") -- Note: "Required Trees" (as determined by the previous tables)must meet the minimum sizes stated above. Key: Height x Width (Caliper Inches) as established by Arizona Nursery Association Grower's Committee. • Indicates multiple trunk tree. Shrubs(1 and 5 Gallon) Ground Covers(1 Gallon) Accents(5 Gallon) • Bird of Paradise varieties • Lantana varieties • Red Yucca • Chihuahuan Sage • Desert Marigold • Yucca varieties • Mexican Honeysuckle • Dalea varieties • Agave varieties • Salvia varieties • Bursage • Desert Spoon • Texas Sage varieties • Bush Morning Glory • Saguaro • Creosote • Turpentine Bush • Ocotillo • Arizona Yellow Bells • Fairy Duster • Barrel Cactus • Bougainvillea • Desert Broom Centennial • Desert Milkweed • Cordia varieties • Verbena varieties • Prickly Pear Cactus • Ruellia varieties • Euphorbia varieties • Penstemon • Jojoba • Mex. Evening Primrose • Aloe varieties • Brittlebush Lighting Exterior illumination of landscape and buildings shall be by ground mounted fixtures which shall be an indirect,focused and hooded and shall be arranged so that the source of light is not visible from any street or adjoining property. Illumination of pedestrian walkways is to be by any combination of the following: lighted bollard,recessed light fixtures or wall mounted fixtures. Freestanding light standards are discouraged in non-parking lot areas. Light standards located within parking areas shall be a maximum of twenty(20)feet in height above grade. Hardscape Hardscape areas, sidewalks,plazas,parkways, street crossings,etc,are encouraged to utilize integral color which are compatible with the proposed development. The use exposed aggregate as an accent within sidewalks and plazas is encouraged. Additional hardscape areas may be administratively approved by the Community Development Director with appeal to the Town Council. L L COLOR PALE I E LIFETILE LIFETILE • Santa Fe Mission Tile Country Slate Tile #1179 Desert Sage #5075 Country Slate CONCRETE ROOF TILE COLORS DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDS Smoke #151 Misty #71 Ash Grey #40 Birchwood #51 .: 4 t,p t3 ^%• Art ,k,t Y,.3t DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDS Coral Clay #148 Mist #74 Winter Plum #75 Truffle #147 Monterey Grey #131 BASE BUILDING COLORS DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDS DUNN—EDWARDSDE859U2 Odessa Supreme Wiz January Blackberry Ice DE 467 M2 DE 947 M3 DE 468 U1 L ACCENT COLORS At I to d�j� /�' P•et T 1 % W "1 ++ 61 !V g V) Q tr, , . w� 1z -.; : , 0 Qnz�'����� w -ears..-- i�� R: L W .� • > Q CD v.eidoli ..J CD .12 -0 4) W L I*' ....1 E II = 4-. ,�� � W a • • • 1 v ri i4Ncei ILA • mow_ ` 1 �!/ tb o40-iti�,a. Toe, 1 444 ,4. i tI 1 6•-rr97 116-�R. .03 T41 40/4 il _i -o '� (Ci o„. : � 7.."•-imist...-- .4.- I i PflIrrfar ; V �ys ��/1.a L 1 " (f) Lu b u < .! A11W, ZZ c ip=aw•--- --- -il Lc ,........, .., 2 v ..„,.. r I —' � N is, •to 44ktiilogi AN LJ ,_z 1 .f. wiri: ---, _ . u >-. 5 rl- c k -141 A .... .--..as •! < 4, 2 ipr'- _. !, 6. V i a w t. I IR Li.I 11:.•4 II re ill 17 w t a 7-11110 — U 0 v2 4) a. -.riiiii 0 0 a 0 0 4 10/A it A ---441 Air: - 41 41 ,,,o, kithiralk . a/RW*9 1:j. hid --41400110L111* .4, ta:1),,r , z.: - -- musawiAkeft,Viall...._ ilik ffilliWriggirr .T. ---s wii., 010,„ 'gm A mi r.Ireilli am/ rill 4r 4 A t . e 4,,.t allgra fl ba.- —:k _____„,.. „,, „,:s-..,.,,,..,_ . , > , ..,..,.,,,,, i 4„,,,,, ,„„, . ,,,_, ,..,,,„,,„„,,, :,.: c ,, ..... L„ .... 4/1(..„,,,4,4„ L .� • w N ks .,....,, i4 ._.,,,, .,,, ,,,, :, ,,,, i1 ...... .....„..„‘‘ k‘ .11-14'; (,... a 4...._ „t_____„] <,, , s .„ i: ' .` .....1/4,, ..., .,.._. ik --a, 0.--- hhh_ i - ,:. i i4 A> ...„ , i .:., / .t.r ., ____.,._._ ,.. ,.- ..., ,,--,----- . . .., . ____ .:,,,,, ,..... „, ___________, , __,____---,. „- ./ :..„ ,,,,,,, .., ...., /%/ , ,i LANDSCAPE & LIGHTING L up to 36 in. r '�• �K�•y�� �+y �+ ��� •.r,., ;' ham, ,f' • �ir Landscape Grading _ up to 18 in. Produce irregular undulating landforms with rounded berms (max. 3:1 slope) and shallow depressions. Plant trees in low areas for water-harvesting. g i:517:tbZti .1•1,° 1 ..,-,.-spoilt:tr....sis•-.4y.:;;;;-0. • teriVo Agatk6,. iikl, ••••• - . -• . .• • • � 1 , ► :Y I' Boulder Formations '1 -__ ------- `may, Set boulders into earthforms to simulate a natural • appearance. Use natural rounded boulders rather than cracked quarry-rock. - • 1 , IN ..s.: .. •• ... .. . • . ..•.• .. •;... ._. ,.: . ,. Landscape Liahtinq Ground-mounted spotlights, bollard lights, optional 12V tree-lights. Follow Town lighting regulations. L PEDESTRIAN LIGHTING A = Wall Fixture B = Recessed Light Fixture in Wall C = Recessed Light Fixture in Sidewalk D = Lighted Bollard .- :y 4,..,.. .4 .. .-...i. :fltliio ' I'AO. . , ' , . • .1 A,' \ \81 . 0(41 !fill, 1 ' • • ' 'P4IOPI" V - 41*-,A I I, ALS'LA ,_ \•,...k•14 q--wan,- . • :. '.-, ': / If — I MI. 1 otl 000a ti B / %� caooa0a ., �' ;-, : 1 i silo, �.:•, l/ ems` IIII I I - III) I 111111W , 1 cl . ..:_ Z ELI .4"...A 14 11 Z if � 7 t • CIN H WilillialaS ` �'��j 14 Vii, V S.lir 9 I 0 iiki ,i , ...0 - o _..,7, Z ON 'XeW,OZ �1 ,.(- .-, MCIW 7-7---. 4 Ati Ale,6b� 0 -.0,12244;11701\ sIP- • l. its 1 IiiiIIIR,".1,:,'•--A.sp,It m,.. 1 Sao-0 Iij , _� ,4 . . a —