HomeMy WebLinkAboutRes 1995-04RESOLUTION NO.1995-04
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA,ORDERING
AND DECLARING FORMATION OF EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT AND DECLARING AN
EMERGENCY
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,as follows:
1.Findings.
a.Ona date prior tothe date ofthe adoption
hereof,there was presented tous,the governing body ofthe Town
of Fountain Hills,Arizona,an incorporated municipality ofthe
Stateof Arizona (hereinafter referred toasthe"Municipality"),
a Petition for Adoption ofa Resolution Declaring Formation of
Eagle Mountain Community Facilities District,dated asof even date
herewith (hereinafter referred toasthe"Petition"),signedbythe
entitywhich,onthedatehereof,istheownerofallreal property
as shown onthe assessment rollfor State and county taxesfor
Maricopa County,Arizona,or,if such person shown on such assess
ment roll is no longer the owner of land in Eagle Mountain Commun
ity Facilities District (beingthelawful successor and assignee of
The Summit West,an Arizona joint venture partnership,for purposes
of that certain Development Agreement,dated asof February 8,1991
(hereinafter referred toasthe "Original Development Agreement"),
by and between The Summit West,an Arizona joint venture partner-
Cship,and the Municipality and hereinafter referred to as the "Dis-
L
trict"),is the entity which is the successor owner which has
become known and has been verified by recorded deed or similar evi
denceof transfer of ownership tobethe owner of such real prop
erty (hereinafter referred to as the "Petitioner")described in the
Petition by metes and bounds tobein the community facilities dis
trict,the formation of which is prayed for by the Petitioner in
the Petition,pursuant to Title 48,Chapter 4,Article 6,Arizona
Revised Statutes,as amended (hereinafter referred to as the
"Act").
b.The Petitioner has requested the following:
I.
The name of the community facilities dis
trict of which formation is prayed pursuant to
the Petition tobe "Eagle Mountain Community
Facilities District,"
II.
The District tobe formed andexist pur
suant to the terms and provisions of the Act
as such terms and provisions are modified,
waived or restricted pursuant to agreements to
be entered into by and among the Petitioner,
the Municipality and the District,
III.
The District to contain an area of
approximately 318 acres of land,more or less,
wholly within the corporate boundaries of the
2 Resolution No.1995-04
Niseis/
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Municipality and tobe composed of the land
included inthe parcels described by metes and
bounds as provided in Exhibit "A"to the Peti
tion,which is made a part of the Petition for
all purposes and is all the land to be in
cluded within the boundaries of the District
(hereinafter referred toas the "Property"),
IV.
The District to be a special purpose dis
trict for purposes of Article IX,Section 19,
Constitution of Arizona,a tax levying public
improvement district for the purposes of Arti
cle XIII,Section 7,Constitution of Arizona,
and a municipal corporation forall purposes
of Title 35,Chapter 3,Articles 3,3.1,3.2,
4 and 5,Arizona Revised Statutes,as amended;
except as otherwise provided in the Act,to be
considered a municipal corporation and poli
tical subdivision of the State of Arizona
separate and apart from the Municipality;and
to be formed for,and to have,all the pur
poses ofa "district"as such term is defined,
and as provided,in the Act,
V.
The formation of the District to result
in the levy of ad valorem taxes to pay costs
Resolution No.1995-04
of improvements constructed by the District
and for their operation and maintenance,
VI.
The Clerk ofthe Municipality to accept
the filing ofa "General Plan for Community
Facilities District"forthe District setting
out a general description of the improvements
for which the District is proposed tobe
formed and the general areas to be improved
(hereinafter referred to as the "General
Plan"),and
VII.
The Municipality to determine that public
L convenience and necessity require the adoption
ofthis Resolution,including particularly,
but not by way of limitation,because of the
existence ofthe requirements created by Sec
tions 4.1 and 4.2ofthe Original Development
Agreement.
c.The Petitioner further attested and declared
that on the date hereof,as shown on the assessment roll for State
and county taxes in Maricopa County,Arizona,the Property is owned
by the Petitioner and shall be benefited from the improvements for
which the District is proposed to be formed;that there are no
residents on the Property and there shall be no residents within
fifty (50)days preceding the first anticipated election ofthe
4 Resolution No.1995-04
c
District;thatthe District shallbe formed andexist pursuant to
the terms and provisions oftheActas such terms and provisions
are modified,waived or restricted pursuant to agreements tobe
entered into by and among the Petitioner,the Municipality and the
District;that public convenience and necessity require theadop
tionofthis Resolution including,particularly butnotbywayof
limitation,becauseoftheexistenceofthe requirements createdby
Sections 4.1and4.2ofthe Original Development Agreement;and
thatthe Municipality shallinno way be liable forthe payment of
any of the costs of the public infrastructure described in the
General Plan,nor liable for any liability,debtor obligation of
the District.
d.After showing the preceding,the Petitioner
respectfully prayed thatthe Petition be properly filed as provided
by law and that,as the Petition is signed by the owner ofthe
Property andtherearenotnow,andshallnotbe within fifty (50)
days preceding the first anticipated election of the District,
residents ontheProperty,any requirements ofposting,publica
tion,mailing,notice,hearingand election otherwise required by
the Act in connection with the adoption of this Resolution are
waived,the Municipality,on receipt of the Petition,declare the
District formed without being required to comply with such provi
sions for posting,publication,mailing,notice,hearing or
election.
Resolution No.1995-04
c
2.Matters Noticed bv the Municipality.
a.The Petitioner seeks formation of the District
to exercise the powers and functions set forth intheActas such
powers and functions are modified,waived or restricted pursuant to
agreementstobeenteredintobyandamongthe Petitioner,the
Municipality and the District.
b.The General Plan has been filed with the Clerk
ofthe Municipality.
c.The Petition andallnecessary supporting mate
rials have been filed with us,and the showings in the Petition are
each noticed byus and are hereby incorporated at this place as if
set forth hereat in whole.
d.Thepurposesforwhich organization oftheDis
trict is sought are as described in the Petition and are purposes
for which a district created pursuant to the Act may be lawfully
formed.
e.Thepublic convenience andnecessity require us
to adopt this Resolution,including particularly but not byway of
limitation,because of the existence of the requirements created by
Sections 4.1 and 4.2 of the Original Development Agreement.
3.Approval of the General Plan.The General Plan as
submittedherewithisherebyapprovedinall respects.
4.Granting of Petition;Formation of District.The
PetitionattachedheretoasExhibit "A"andmadeaparthereoffor
all purposes ishereby granted,andthe District ishereby formed
asa district pursuant tothetermsand provisions of,and with the
6 Resolution No.1995-04
powers and authority established by,theAct,subject tothere
strictions and modifications set forth inthe Petition,with juris
diction over the Property and that,asthe Petition is signed by
the owner of the Property and there are not now,and shall not be
within fifty (50)days preceding the first anticipated election of
the District,residents on the Property,requirements of posting,
publication,mailing,notices,hearing and election otherwise
required by the Act with respect to formation of the District are
hereby found to be unnecessary.
5.District Board and Officers.The District shall be
governed by a "District Board"comprised ofthe members ofthe
governing body ofthe Municipality,ex officio.The Mayor ofthe
Municipality shall bethe "Chairperson of the District Board";the
Vice Mayor of the Municipality shall be the "Vice Chairperson of
the District Board";the Clerk of the Municipality shall be the
"District Clerk";the Treasurer ofthe Municipality shall bethe
"District Treasurer";the Manager ofthe Municipality shall bethe
"District Manager";Gust Rosenfeld shall be the "District Counsel";
Peacock,Hislop,Staley &Given,Inc.shall be the "District Finan
cial Advisor"and Willdan Associates shall be the "District Engi
neer."
6.District Boundaries and Map.The District bounda
ries are as described in metes and bounds in Exhibit "A"to the
Petition.A map showing the District boundaries is hereby ordered
tobe drawn and provided by the District Engineer.
7 Resolution No.1995-04
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7.Dissemination of this Resolution.The Petitioner
shall cause a copy of this Resolution tobe delivered to the County
Assessor and the Board of Supervisors of Maricopa County,Arizona,
and to the Department of Revenue of the State of Arizona.
8.No Liability of or for the Municipality.Neither
the Municipality nor the State of Arizona or any political subdivi
sion of either (other than the District)shall be directly,indi
rectly or morally liable or obligated for the costs of the public
infrastructure contemplated bythe General Plan nor forthe payment
or repayment of any indebtedness,liability,cost,expense or obli
gation oftheDistrict,and neither thecreditnorthe taxing power
ofthe Municipality,the State of Arizona or any political subdivi
sion of either (other than the District)shall be pledged therefor.
9.Emergency Clause.WHEREAS,the immediate operation
ofthe provisions ofthis Resolution is necessary forthe preserva
tionofthepublicpeace,healthandsafety,an EMERGENCY ishereby
declared to exist,and this Resolution shall be in full force and
effect from and after its passage bythe Council as required by the
Town Code ofthe Municipality and is hereby exempted from the
referendum clause of such Code.
L ,8 Resolution No.1995-04
PASSED bytheTownCounciloftheTownof Fountain Hills,
Arizona,this 16th day ofFebruary,1995.
C
ATTEST:
Town Clerk,Town of Fountain
Hills,Arizona
APPROVED AS TO FORM:
O'Connor,CavanagMX Anderson,
Westover,Killingevlorth &
Beshears,P.A.,Bond Counsel
REVIEWED BY:
'Town Manager,Town of
Fountain Hills,Arizona
Mayoaf,/Town ofFountain Hills,
Ariz<
ATTACHMENTS:
EXHIBIT A-Conformed Copy of Petition for Adoption of this
Resolution
PSS0F8CC/021595
Resolution No.1995-04
EXHIBIT A
CONFORMED COPY OF PETITION
FOR ADOPTION OF THIS RESOLUTION
A-l Resolution No.1995-04
c
NSpj/
PETITION FOR ADOPTION OF A RESOLUTION
ORDERING AND DECLARING
FORMATION OF
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT
STATE OF ARIZONA )
COUNTY OF MARICOPA )
TOWN OF FOUNTAIN HILLS )
THE UNDERSIGNED OWNER OF ALL OF THE LAND (being the
lawful successor and assignee ofThe Summit West,an Arizona joint
venture partnership,for purposes ofthat certain Development
Agreement,dated as of February 8,1991 (hereinafter referred toas
the "Original Development Agreement"),by and between The Summit
West,an Arizona joint venture partnership,and the Town of Foun
tain Hills,Arizona,and hereinafter referred to as "Petitioner")
inthe parcelshereinafter described bymetesandbounds,acting
pursuant tothe provisions of Title 48,Chapter 4,Article 6,
Arizona Revised Statutes,as amended (hereinafter referred to as
the "Act"),respectfully petitions The Honorable Town Council of
the Town of Fountain Hills,Arizona (hereinafter referred to as the
"Municipality"),to adopt a resolution (hereinafter referred to as
the "Resolution")declaring and ordering formation ofa community
facilities district (hereinafter referred to as the "District")and
would respectfully request the following with respect thereto:
I.
The name ofthe District tobe "Eagle Mountain Community
Facilities District,"
II.
The District tobe formed and exist pursuant to the terms
and provisions oftheActas such terms and provisions are modi
fied,waived or restricted pursuant to agreements tobe entered in
to by and among Petitioner,the Municipality and the District,
III.
The District to contain an area of approximately 318
acres of land,more or less,wholly within the corporate boundaries
of the Municipality and to be composed of the land included in the
parcels described by metes and bounds as provided in Exhibit "A"
hereto,which is made a part hereof for all purposes,
IV.
The District tobea special purpose district for pur
poses of Article IX,Section 19,Constitution of Arizona,a tax
levying public improvement district for the purposes of Article
XIII,Section 7,Constitution of Arizona,and a municipal corpo
ration for all purposes of Title 35,Chapter 3,Articles 3,3.1,
3.2,4 and 5,Arizona Revised Statutes,as amended;except as
otherwise provided in the Act,tobe considered a municipal corpo
ration and political subdivision ofthe State of Arizona,separate
and apart from the Municipality;and tobe formed for,and tohave,
all the purposes ofa "district"as such term is defined,and as
provided,in the Act,
Nij§ji/
V.
The formation ofthe District to result inthe levy ofad
valorem taxes to pay costs of improvements constructed by theDis
trict and for their operation and maintenance,
VI.
Before the Resolution is adopted,the Clerk of the Munic
ipality to accept the filing ofa "general plan"(as such term is
defined in the Act and hereinafter referred to as the "General
Plan")forthe District setting outa general description ofthe
improvements for which the District is proposed tobe formed and
the general areas to be improved,and
VII.
The Municipality to determine that public convenience and
necessity requirethe adoption oftheResolution,including partic
ularly,but not by way of limitation,because ofthe existence of
the requirements created bySections4.1and4.2oftheOriginal
Development Agreement;
WHEREFORE,Petitioner attests and declares that on the
datehereof,as shown onthe assessment rollfor State and county
taxes in Maricopa County,Arizona,allof the land tobeinthe
District is owned by Petitioner or,ifa person listed on such
assessment roll is no longer the owner of land in the District,
that the name of the successor owner has become known and has been
verified by recorded deed or other similar evidence of transfer of
ownership tobe Petitioner;that there currently areno residents
on the land to be in the District and there shall be no residents
withinfifty (50)daysprecedingthefirstanticipatedelectionfor
the District;that the land to be included in the District shall be
benefited from theimprovementsforwhichtheDistrictisproposed
tobeformed;thatthe District shallbeformedandexistpursuant
tothetermsand provisions oftheActassuchtermsandprovisions
aremodified,waivedorrestrictedpursuanttoagreementstobe
enteredintobyandamong Petitioner,theMunicipalityandthe
District;thatpublic convenience andnecessity require the
adoption ofthe Resolution including,particularly butnotbyway
of limitation,becauseoftheexistenceoftherequirementscreated
bySections4.1and4.2oftheOriginalDevelopmentAgreement;and
thatthe Municipality shallinnowaybeliableforthepaymentof
any of the costs of the public infrastructure described in the
General Plan,norliableforanyliability,debtorobligationof
the District;
WHEREFORE,asthis Petition is signed by the owner ofall
the land tobein the District and there are not now,and shall not
bewithinfifty (50)daysprecedingthefirstanticipatedelection
ofthe District,residents onthelandinthe District,any
requirements of posting,publication,mailing,notice,hearingand
electionotherwiserequiredbytheActinconnectionwithadoption
oftheResolutionare waived,andtheMunicipality may,onreceipt
of this Petition,adopt the Resolution to declare the District
formedwithout being required tocomplywithsuch provisions for
posting,publication,mailing,notice,hearing orelection;and
c
\n^/
WHEREFORE,Petitioner respectfully prays thatthisPeti
tion be properly filed as provided by law;that the Municipality
adopt the Resolution and declare and order the District formed
without being required to comply with the provisions for posting,
publication,mailing,notice,hearing and election otherwise re
quired by the Act in connection with the Resolution;and that such
other orders,acts,procedure and relief as are proper,necessary
and appropriate to the purposes of organizing the District and to
the execution of the purposes for which the District shall be
organized be granted as The Honorable Town Council of the Munici
pality shall deem proper and necessary.
RESPECTFULLY SUBMITTED this 15th dayofFebruary,1995.
EAGLE MOUNTAIN INVESTORS,L.L.C.,an Arizona
limited liability company
By:Denagon EM Properties,L.L.C.,an Arizona
limited liability company,its Manager
By:Denro Interests,L.L.C.,an Arizona
limited liability company,its
Manager
By:Denro,Ltd.,an Arizona
corporation,its Managing Member
By.,<^_Sr*
Vice President
The undersigned,as beneficiary,under that certain Deed
of Trust recorded inthe official records of Maricopa County,
Arizona,as Instrument No.86-708596,as amended bythat certain
tended and Restated Deed of Trust recorded in the official records
o*.Maricopa County,Arizona,asInstrumentNo.94-0424581,hereby
con&ents to and joins inthe foregoing Petition and totheprovi-
sionsXthereof.
)ated asof February 15,1995
BENEFICIARY:
M&I MARSHALL &ILSLEY BANK,a
Wisconsin banking association
,By:
Its
\lng/
VJjj^j/
RESPE TFULLY SUBMITTED this 15th day of^Pe^ruary,1995.
EAGLE MOUNTAIN INVESTOR0<^L.L-.,an Arizona
limited liability comp'any
By:Denagonjpfrfroperties,L.L..,an Arizona
limit^d^l lability company,its imager
Denro Interests,L.L..,an Arizona
limited liability company,its
tltenager
By:Denro,Ltd.,an Arizona
corporation,its !¥knaging Camber
By
Vice President
The undersigned,as beneficiary,under that certain Deed
of,Trust recorded in the official records of ft&ricopa ounty
Arizona,as Instrument No.86-703 5S6,as amended by that certain
Amended and Restated Deed of Trust recorded in the official records
of ftflancopa ounty,Arizona,as Instrument No.94-0424581,hereby
consents to and joins in the foregoing Petition and to the provi
sions thereof.
DatedasofFebruary 15,1995
BENEFI IARY:
W&I MARSHALL &ILSLEY BANK,a
Wisconsin banking association
The undersigned,asthe Buyer,underthatcertain
Purchase and Sale Agreement,dated February 6,1995,hereby
consents toand joins in the foregoing Petition andto the provi
sions thereof.
Dated asof February 15,1995
BUYER:
ATTACHMENT
EXHIBIT A
PSS0F8C9/021395
THE PRESLEY COM
corporat
a California
Legal Description Of Property ToBe Included InThe
District
\^§s»/
\|jg/
STATE OF )
)ss
COUNTY OF )
/M Theforegoinginstrumentwas acknowl edged .before methisJ/f....day of a^^UO^M .,1995,by 73M>Mk Xr.t^Q^P...,
authorized representative of Denro,Ltd.,an Arizona corporation,
managingmemberofDenro Interests,L.L.C.,anArizonalimited
liability_company,manager of Denagon EM Properties,L.L.C.,and
Arizona limited liability company,manager of Eagle Mountain Inves
tors,L.L.C.,anArizonalimited liability company.
INWITNESSWHEREOF,Ihave hereunto setmyhandandoffi
cial seal.
Nota Public
My commiooion expire^.
STATE OF
BOUNTY OF
MELISSAMARIEKARL
.Notary.Public,Stated Arizona
MARICOPACOUNTY
My Comm.ExoiiBS Nov.13,1998
)SS.
)
The foregoing instrument was acknowledged beforeme this
of ,1995,by ,
the >v.of M&I Marshall &Ilsley Bank,a Wisconsin
banking association,forandon behalf thereof.
cial seal.
IN WITNESSNWHEREOF,Ihavehereuntosetmyhandand offi
Notary.Publ ic
My commission expires:
V|^/
STATE OF )
)6S.
COUNTY OF )",/
y
y
The foregoing instrument was acknowledged before me this
day of ,1995 Vj£/
authorized representative of Denrc<Ltd.,an Arizona corporation!
managing member of Denro Interests,L.L.C.,an Arizona limited
liability company,manager of^Denagon EM Properties,L.L.C.,and
Arizona limited liability pcmpany,manager of Eagle Mountain Inves
tors,L.L.C.,an Arizona^limited liability company.
y
IN WITNESS'WHEREOF,I have hereunto set my hand and offi
cial seal./'
y
Notary Public
My commission expires:
STATE OF Wisconsin )
)ss .
COUNTY OF Milwaukee )
The foregoing instrument was acknowledged before me this..Uth..day of .J.efcryary.f 1995 ^by ^j>jij.J4D M..McGoohan
the .Senior.yic«£w;Wm of M&I Marshall &Ilsley Bank/a'Wisconsin
banking association,for and on behalf thereof.
IN WITNESS WHEREOF,I have hereunto set my hand and offi
cial seal.
SYNDEE M.JORGENSEN ^~
Notary Public.State of Wisconsin C-^>l 6 „iaa a
My Commission Expires 3-15-98 •*7T"^M(VU*-&<^.'-U .^rt^r^^p^w
NotaryO public /o
Mycommission expires:
....>./(?./*?.
STATE OF <Z~~pM*s-
COUNTY OF A^-V-m^ss
The foregoing instrument was acknowledged before me this
../TXf.day of OU^.my ,1995,by .C**<,U+rh/>.^p^JUL^.
the ster^^V+^fUfif***^.of The Presley Companies,a California
corporation,for and on behalf thereof.
cial seal.
IN WITNESS WHEREOF,I have hereunto set my hand and offi-
Notary Public
+*-.
My commission expires
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY TO
BE INCLUDED IN THE DISTRICT
A-l
C
EXHIBIT
AMENDED
NO.201-800-663925
A part of Section 28and 29,Township 3North,Range 6 East ofthe
Gila and Salt River Base and Meridian,Maricopa County,Arizona and
more particularly described as follows:
BEGINNING at the Southeast corner of said Section 29;
thence South 89 degrees 49 minutes 54 seconds West,and along the
South line of said Section,a distance of 2638.21 feet to the South
quarter corner;
thence North 89 degrees 57 minutes 36 seconds West,2 636.88 feet
to the Southwest corner of said Section;
thence North 00 degrees 03 minutes 51 seconds West and along the
West line of said Section,2642.91 feet to the West quarter corner
of said Section;
thenceNorth00degrees03minutes52secondsWestalongsaid
Section line,1216.11 feet toa point being on the Southerly
right-of-way of Shea Boulevard;
thenceNorth70degrees18 minutes 51secondsEast,and departing
saidlineand along said right-of-way 162.37feettothe beginning
ofa non-tangent curvebeingconcaveSoutherlyandhavingaradius
of 2686.79 feet (from which a radial line bears South 19 degrees
42 minutes 07 seconds East);
thence along the arcof said curve through a central angle of23
degrees 11 minutes 58seconds,anarc length of 1087.90 feet (from
which a radial linebears South 03 degrees 29 minutes 51 seconds
West);
thence South 86 degrees 31 minutes 46 seconds East,451.66 feetto
the beginning ofa non-tangent curve concave Northerly and having
a radius of 3056.21 feet (from which a radial line bears North 03
degrees 28 minutes 03 seconds East);
thencealongthearcofsaidcurve through acentralangleof14
degrees11 minutes 55secondsandanarclengthof757.37feet
(fromwhicharadiallinebearsNorth10degrees43minutes52
seconds West);
thence North 79 degrees 13 minutes 03 seconds East,1682.26 feet;
thencedepartingsaid right-of-way,South10degrees46minutes 57
seconds East,438.00 feet;
Continued ....
Nlgp/
EXHIBIT "A";Page 2
(201-800-663925)
thence South 17 degrees 54 minutes 27 seconds East,80.62 feet;
thence North 62 degrees 14 minutes 48 seconds East,369.73 feet;
thence South 08 degrees 54 minutes 17 seconds East,102.75 feet;
thence South 26 degrees 49 minutes 09 seconds East,100B.48 feet;
thence East,288.95 feet to the Easterly line of said Section 29;
thence South 00 degrees 02 minutes 26 seconds East along said
Section line,a distance of 418.78 feet to the East quarter corner
of said Section;
thence continuing along said line South 00 degrees 07 minutes 04
seconds East,492.32 feet to a point ona curve being concave
Southerly and having a radius of 758.00 feet (from which point a
radial line bears South 12 degrees 16 minutes 30 seconds West);
thence along the arc of said curve through a central angle of14
degrees 21 minutes 00 seconds and an arc length of 189.85 feet;
thence South 63 degrees 22 minutes 30 seconds East,141.60 feet to
a point ona curve being concave Easterly and having a radius of
442.00 feet (from which point a radial line bears South 68 degrees
49 minutes 39 seconds East);
thence along the arcof said curve through a central angle of43
degrees 31 minutes 21 seconds and an arc length of33 5.75 feet;
thence South 22 degrees 21 minutes 00 seconds East,101.15 feet to
the beginning of a tangent curve being concave Northwesterly and
having radius of 258.00 feet;
thence along the arcofsaid curve through a central angle of92
degrees 04 minutes 30 seconds and an arc length of 414.61 feet;
thence South 69 degrees 43 minutes 30 seconds West,29.15 feet;
thence South 08 degrees 28 minutes 01 seconds West,49.68 feet;
thence South 21 degrees 14 minutes 06 seconds West,157.97 feet;
thence South 12 degrees 39 minutes 55 seconds East,130.38feet;
thence South 08 degrees 16 minutes 10 seconds East,160.92 feet;
thence South 77 degrees 10 minutes 45 seconds East,59.65 feet;
thence South 20 degrees 00 minutes 55 seconds East,217.67 feet;
Continued ..•.
EXHIBIT"A":Page3
(201-800-663925)
thenceSouth56degrees55minutes55seconds East,50.46 feet;
thence South25degrees03minutes38secondsEast,83.43 feet;
thence South 41 degree 42 minutes 19 seconds East,40.03feet;
thence South 11 degrees 57 minutes 53 seconds East,88.78feet;
thence South 04 degrees 22 minutes 58 seconds West,90.08feet;
thence South 04 degrees 05 minutes 42 seconds West,238.78 feet to
the South lineof said Section 28;
thence South 89 degrees 46 minutes 58Westand along theSouthline
of said Section,a distance of 384.59 feet to the POINT OF
BEGINNING;
EXCEPT all mineral and ground water rights,as reserved inDeed
recordedin 86-708594,Official Records,recordsof Maricopa
County,Arizona.
ALSO EXCEPT THE FOLLOWING:
PARCEL NO.A:(Parcel C-3at Eagle Mountain)
AportionofSection29andaportionoftheSouthwestquarterof
Section 28,Township 3North,Range 6EastoftheGilaand Salt
RiverBaseand Meridian,Maricopa County,Arizona,being more
particularly described as follows:
COMMENCING at the Southeast corner of said Section 29;
thenceSouth89 degrees 49 minutes 54 seconds West,alongtheSouth
line of said Section 29,a distance of 1410.14 feet to the POINT
OF BEGINNING;
thence continuing South89degrees49minutes54secondsWest,
along said South line,775.00 feet;
thence North 15 degrees 29 minutes 00 seconds West,849.99 feet;
thence North 23 degrees 05 minutes 47 seconds East,623.19 feet;
thence North 76 degrees 50 minutes 18 seconds East,228.90 feet;
thence South 41 degrees 30 minutes 47 seconds East,156.27 feet;
thence South 23 degrees 27 minutes 55 seconds West,509.95 feet;
thence South 01 degrees 42 minutes 32 seconds West,115.00 feet;
Continued ....
Nites/
EXHIBIT "A":
(201-800-663925)
thence South 40 degrees 43 minutes 38 seconds East
thence North 51 degrees 50 minutes 25 seconds East
thence North 15 degrees 13 minutes 12 seconds East
thence North 06 degrees 54 minutes 54 seconds West
thence North 84 degrees 39 minutes 09 seconds West
thence South 44 degrees 30 minutes 47 seconds West
thence South 42 degrees 59 minutes 34 seconds East
thence South 42 degrees 32 minutes 39 seconds East
thence South 18 degrees 58 minutes 04 seconds East
thence South 04 degrees 36 minutes 10 seconds West
thence South 20 degrees 57 minutes 57 seconds West
thence South 47 degrees 21 minutes 27 seconds West
thence South 72 degrees 51 minutes 24 seconds West
Page 4
73.20 feet;
725.77 feet;
300.54 feet;
761-64 feet;
58.38 feet;
469.90 feet;
52.44 feet;
62.71 feet;
64.61 feet;
71.03 feet;
57.29 feet;
77.35 feet;
74.00 feet;
thence South 76 degrees 50 minutes 18 seconds West,455.60 feetto
thebeginningofacurvewitharadiusof274.50feettothe right;
thence Westerly,along the arcofsaidcurve,through a central
angle of21 degrees 09 minutes 48 seconds,foran arc distance of
101.39 feet to the beginning ofa non-tangent line;
thence North 19 degrees 01 minutes 39 seconds West,59.33feet;
thence North 00 degrees 49 minutes 45 seconds West,69.11 feet;
thence North 59 degrees 12 minutes 26 seconds East,281.48feet;
thence North 34 degrees 32 minutes 31 seconds West,70.90 feet;
thence North 12 degrees 16 minutes 56 seconds East,83.20 feet;
thence North 34 degrees 35 minutes 35 seconds East,366.01 feet;
thence North 41 degrees 26 minutes 44 seconds East,394.62 feet;
thence North 05 degrees 18 minutes 09 seconds East,153.66 feet;
thence North 64 degrees 46 minutes 34 seconds West,87.00 feet;
Continued ....
EXHIBIT"A";Page5
(201-800-663925)
thence South38degrees41 minutes 18secondsWest,243.00feet;
thence South 53 degrees 53 minutes 41 seconds West,1104.42feet;
thence South 29 degrees 45 minutes 49 seconds West,76.14feet;
thence South41degrees04minutes27secondsWest,86.7-5 feet;
thence South 63degrees20minutes16secondsWest,85.93feet;
thence North 57 degrees 32 minutes 34 seconds West,33.94feetto
thebeginningofacurvewitharadiusof447.78feettothe right;
thence Northwesterly,alongthearcofsaidcurve,througha
central angle of25 degrees 32 minutes 20 seconds,for an arc
distanceof199.59feettothebeginningofanon-tangent line;
thence North 15 degrees 39 minutes 38 seconds East,216.79 feetto
the beginning ofa non-tangent curve,the center of which bears
North 36 degrees 10 minutes 42 seconds West,892.00 feet;
thence Northeasterly,along the arcofsaid curve totheleft,
through a central angle of00 degrees 38 minutes 32 seconds foran
arc distance of 10.00 feet;
thence North 53 degrees 10 minutes 46 seconds East,879.38feetto
the beginning ofa curve with a radius of 1358.00 feet tothe
right;
thence Northeasterly,alongthearcofsaid curve,througha
central angle of13 degrees 43 minutes 38 seconds,foranarc
distance of32 6.36 feet;
thence North 66 degrees 54 minutes 24 seconds East,309.18feetto
the beginning ofacurvewitharadiusof542.00feettothe left;
thenceNortheasterly,alongthearcofsaid curve,througha
central angle of32 degrees 09 minutes 37seconds,foranarc
distance of 304.23 feet;
thence North 34 degrees 44 minutes 47 seconds East,84.48feet;
thence North 79 degrees 35 minutes 19 seconds East,28.36feet;
thence South 56 degrees 20 minutes 56 seconds East,349.46 feet;
thence South 17 degrees 15 minutes 26 seconds East,4 01.46 feet;
thence South 07 degrees 49 minutes 37 seconds East,1036.86feet;
thence South 13degrees59 minutes 42 seconds West,202.61feet;
Continued ....
L
L
EXHIBIT "A"2
(201-800-663925)
Page 6
thenceSouth82degrees36minutes57seconds East,57.58 feet;
thenceNorth66degrees07minutes07secondsEast,988.53 feet;
thence South 82 degrees 33 minutes 04 seconds East,98.30 feetto
apointontheWestlineoftheaforementionedSouthwest quarter
of Section 28;
thence continuing South82degrees33minutes04 seconds East,
57.51 feet;
thence South 41 degrees 34 minutes 58 seconds East
thence South 02 degrees 02 minutes 27 seconds East
thence South 18 degrees 37 minutes 10 seconds West
thence South 48 degrees 11 minutes 26 seconds West
thence South 67 degrees 09 minutes 07 seconds West
thence South 66 degrees 30 minutes 22 seconds West
thence South 15 degrees 03 minutes 14 seconds West
thence South 27 degrees 19 minutes 08 seconds West
thence North 62 degrees 51 minutes 55 seconds East
thence North 80 degrees 45 minutes 46 seconds East
thence South 85 degrees 04 minutes 54 seconds East
thence South 30 degrees 45 minutes 05 seconds East
thence South 01 degrees 07 minutes 10 seconds East
thence South 33 degrees 17 minutes 44 seconds West
thence North 60 degrees 39 minutes 01 seconds West
thence South 80 degrees 39 minutes 00 seconds West
103.21 feet;
87.06 feet;
78.61 feet;
83.85 feet;
1060.29 feet;
310.30 feet;
97.61 feet;
304.85 feet;
394.64 feet;
122.77 feet;
842.09 feet;
68.46 feet;
80.54 feet;
69.91 feet;
90.80 feet;
767.85 feet;
thence South 62 degrees 18 minutes 07 seconds West,557.59 feetto
the POINT OF BEGINNING.
Continued ...•
EXHIBIT "A"z
(201-800-663925)
Page 7
PARCEL NO.Bt (TractC-4atLos Altos Hills)
BeingaportionofSection 29,andaportionoftheSouthwest
quarterofSection 28,Township 3North,Range6EastoftheGila
andSaltRiverBaseandMeridian,Maricopa County,Arizona,more
particularly described as follows:
COMMENCING at the Southwest corner of said Section 28;
thenceNorth89degrees46minutes58secondsEast,alongtheSouth
lineof said Section 28,384.59 feet;
thenceNorth04degrees05minutes42seconds East,238.78 feet;
thence North 04 degrees 22 minutes 58 seconds East,90.08 feet to
the POINT OF BEGINNING;
thence South 43 degrees 53 minutes 55 seconds West,86.82feet;
thence South 66 degrees 23 minutes 08 seconds West,110.34feet;
thence North 81 degrees 50 minutes 55 seconds West,113.55feet;
thence North53degrees43minutes17secondsWest,62.02feet;
thence North 32 degrees 11 minutes 55 seconds West,86.00feet;
thence North 11 degrees 38 minutes 57 seconds West,198.66 feetto
apointontheEastlineofthe aforementioned Section 29;
thence continuing North 11 degrees 38 minutes 57 seconds West,
104.31 feet;
thence North 01 degrees 29 minutes 48 seconds West
thence North 36 degrees 11 minutes 19 seconds East
thence South 84 degrees 19 minutes 15 seconds East
thence South 12 degrees 39 minutes 55 seconds East
thence South 08 degrees 16 minutes 10 seconds East
thence South 77 degrees 10 minutes 45 seconds East
thence South 20 degrees 00 minutes 55 seconds East
thence South 56 degrees 55 minutes 55 seconds East
thence South 25 degrees 03 minutes 38 seconds East
333.11 feet;
75.71 feet;
93.42 feet;
106.13 feet;
160.92 feet;
59.65 feet;
217.67 feet;
50.46 feet;
83.43 feet;
Continued •...
\flm««fr/
EXHIBIT "A";Page8
(201-800-663925)
thence South 41 degrees 42 minutes 19 seconds East,40.03feet
thence South 11 degrees 57 minutes 53 seconds East,88.78feetto
the POINT OF BEGINNING.
PARCEL NO.C:(TractC-5atLos Altos Hills)
Being a portion of Section 29,Township 3 North,Ranged East of
the Gila and Salt River Base and Meridian,Maricopa County,
Arizona,more particularly described asfollows:
COMMENCING at the South quarter corner of said Section 29;
thenceNorth89 degrees 57 minutes 36 seconds West,alongthe South
lineofsaidSection,774.63feet;
thenceNorth00degrees02minutes24secondsEast,60.48feetto
thePOINTOF BEGINNING,saidpointmarkingthe beginning ofa
non-tangent curve,the central point of which bears North 02
degrees55minutes59secondsEast,375.00feet;
thenceWesterly,alongthearcofsaid curve,throughacentral
angleof22degrees13minutes21seconds,havinganarcdistance
of 145.45 feet;
thence North64degrees50minutes40 seconds West,107.94feetto
(a point marking the beginning of a tangent curve,having a radius
W of 275.00 feet to the right;
thence Northwesterly,along thearcof said curve,through a
centralangleof06degrees42minutes51 seconds,havinganarc
distance of32.23feet;
thenceNorth 18 degrees 35minutes54seconds East,1498.55 feet;
thenceNorth28degrees18minutes03secondsEast,55.45feetto
apointmarkingthebeginningofanon-tangent curve,the central
pointofwhich bears North43 degrees 58minutes06 seconds East,
497.78 feet;
thence Southeasterly,alongthearcofsaid curve,througha
centralangleof11degrees30minutes39 seconds,havinganarc
distance of 100.01 feet;
thenceSouth57degrees32minutes34seconds East,40.44 feet;
thenceSouth04degrees17minutes25secondsWest,850.94 feet;
thence South 21 degrees 07 minutes 18 seconds West,596.37feet;
thence South 43 degrees 02 minutes 12 seconds West,105.51feetto
the POINT OF BEGINNING.
Continued ••••
c
EXHIBIT "A"s p 9
(201-800-663925)
PARCEL NO.D:(Tract C-8 at Los Altos Hills)
Being a portion of Section 29,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 West quarter corner of said Section 29;
thence North 00 degrees 03 minutes 52 seconds West,along the West
line ofsaid Section,707.48 feet;
thence North 89 degrees 56 minutes 08 seconds East,2145.76 feet
tothe POINT OF BEGINNING;
thence North 31 degrees 04 minutes 17 seconds West,313.86 feet;
thence North 71 degrees 19 minutes 09 seconds West,951.23 feet;
thence North 52 degrees 22 minutes 00 seconds West,54.04 feet;
thence North 09 degrees 00 minutes 15 seconds West,47.28 feet;
thence North 27 degrees 32 minutes 56 seconds East,73.30 feet to
a point on a curve on the Southerly Right-of-Way line of Shea
Boulevard from which the central point bears South 00 degrees 10
minutes 34 seconds West,2686.79 feet;
thence Easterly,along said Southerly Right-of-Way line,and along
the arc of said curve,through a central angle of 03 degrees 19
minutes 17 seconds,having an arc distance of 155.75 feet;
thence South 86 degrees 31 minutes 46 seconds East,continuing
along said Southerly Right-of-Way line,451.66 feet to a point
marking the beginning of a non-tangent curve,the central point of
which bears North 03 degrees 28 minutes 03 seconds East,3056.21
feet;
thence Easterly,continuing along said Southerly Right-of-Way line,
and along the arc of said curve through a central angle of 10
degrees 28 minutes 26 seconds,having anarc distance of 558.69
feet toa point marking the beginning of a non-tangent curve,the
centralpointofwhichbearsNorth78degrees45minutes07seconds
East,1000.00 feet;
thence Southerly,along the arc of said curve,through a central
angleof 09 degrees 49 minutes 44 seconds,having anarc distance
of 171.55 feet;
Continued .•..
EXHIBIT "A":page 10
(201-800-663925)
thenceSouth21 degrees 04 minutes 38 seconds East,121.52 feetto
a point marking the beginning of a tangent curve,having a radius
of 642.00 feet to the left;
thence Southeasterly,along the arc of said curve,through a
centralangleof30degrees35minutes48 seconds,havinganarc
distance of 342.84 feet;
thence South 10 degrees 37 minutes 11 seconds East,94.17 feet;
thence South 44 degrees 28 minutes 12 seconds East,680.20 feet;
thence South 19 degrees 32 minutes 07 seconds East,116.93 feet;
thenceSouth07degrees13minutes52secondsWest,112.34feetto
a point marking the beginning ofa non-tangent curve,the central
point of which bears South 25 degrees 08 minutes 35 seconds East,
1442.00 feet;
thence Southwesterly,along the arc of said curve,through a
central angleof08 degrees 32 minutes 30 seconds,havingan arc
distance of 214.97 feet;
thenceNorth43degrees16minutes39secondsWest,1033.90feet
to the POINT OF BEGINNING.
PARCEL NO.E:(GolfCourseHoles12-16)
A portion of the West half of Section 29,Township 3 North,Range 6
Eastofthe Gila and Salt River Base and Meridian,Maricopa County,
Arizona,beingmoreparticularlydescribedas follows:
BEGINNINGattheWestquartercornerofsaidSection 29;
thence North 00 degrees 03 minutes 52 seconds West,along the West
line of said section,1216.11 feet to the Southerly right-of-way
lineofShea Boulevard;
thence North70 degrees 18 minutes 51 seconds East,along said
Southerly right-of-way line,162.37 feettothe beginning ofa
non-tangent curve,thecenterofwhichbearsSouth19degrees42
minutes07seconds East,2686.79 feet;
thence Easterly,continuing alongsaid right-of-way lineand along
thearcofsaidcurvetothe right,throughacentralangleof01
degrees 08 minutes 02 seconds for an arc distance of 53.18 feet to
the beginning ofa non-tangent line;
thence South 68degrees07minutes28secondsEast,100.23feet;
thence South44degrees43minutes58secondsEast,60.67feet;
Continued ....
EXHIBIT "A"5
(201-800-663925)
thence South 25 degrees
thence South 07 degrees
thence South 04 degrees
thence South 09 degrees
thence South 13 degrees
thence South 06 degrees
thence South 34 degrees
thence South 26 degrees
thence South 61 degrees
thence South 38 degrees
thence South 25 degrees
thence South 04 degrees
thence South 00 degrees
thence South 83 degrees
thence South 67 degrees
thence South 39 degrees
thence South 30 degrees
thence South 01 degrees
thence South 27 degrees
thence South 41 degrees
thence South 26 degrees
thence South 26 degrees
thence South 30 degrees
thence South 11 degrees
thence South 22 degrees
thence South 33 degrees
Page 11
53 minutes 08 seconds East ,49.02 feet;
35 minutes 24 seconds East 402.02 feet;
01 minutes 27 seconds East,3 9.90 feet;
18 minutes 07 seconds West,35.^6 feet;
51 minutes 31 seconds West,4 69.67 feet;
58 minutes 22 seconds West,14.00 feet;
05 minutes 09 seconds West,16.06 feet;
57 minutes 14 seconds West,210.91 feet;
13 minutes 13 seconds East,48.60 feet;
10 minutes 47 seconds East,42.87 feet;
32 minutes 56 seconds East,4 0.35 feet;
27 minutes 27 seconds East,37.31 feet;
58 minutes 33 seconds East,393.46 feet;
44 minutes 20 seconds East,88.03 feet;
55 minutes 17 seconds East,53.74 feet;
48 minutes 20 seconds East,70.29 feet;
36 minutes 38 seconds East,465.00 feet;
26 minutes 15 seconds East,110.00 feet;
24 minutes 35 seconds East,45.00 feet;
51 minutes 15 seconds East,4 02.00 feet;
06 minutes 59 seconds East,56.20 feet;
42 minutes 39 seconds West,56.20 feet;
16 minutes 55 seconds West,87.40 feet;
17 minutes 46 seconds West,80.00 feet;
56 minutes 35 seconds East,115.00 feet;
53 minutes 10 seconds East t 210.00 feet;
Continued ....
EXHIBIT "A"-p
(201-800-663925)y
thence South 41 degrees 19 minutes 57 seconds East,441.71 feet;
thence South 32 degrees 42 minutes 55 seconds East,148.53 feet to
the beginning of a curve with a radius of 325.00 feet to the left;
thence Southeasterly,along the arc of said curve,through a
central angle of 24 degrees 08 minutes 02 seconds,foran arc
distance of 136.90 feet to the beginning of a non-tangent line;
thence South 21 degrees 42 minutes 11 seconds West,57.02 feet;
thence South 77 degrees 24 minutes 58 seconds West,68.89 feet;
thence North 60 degrees 01 minutes 36 seconds West,575.72 feet;
thence North 43 degrees 43 minutes 08 seconds West,898.72 feet;
thence North 21 degrees 49 minutes 05 seconds West,181.20 feet;
thence North 03 degrees 12 minutes 21 seconds East,66.32 feet;
thence North 23 degrees 43 minutes 11 seconds East,144.88 feet;
thence North 39 degrees 02 minutes 26 seconds West,24 3.37 feet;
thence North 07 degrees 52 minutes 04 seconds West,360.66 feet;
thence North37 degrees 31 minutes 09 seconds West,245.82 feet to
the aforementioned WestlineofSection 29;
thence North 00 degrees 03 minutes 51 seconds West,along said West
line,548.44 feet to the POINT OF BEGINNING.
PARCEL NO.F:(TractC-2atLosAltos Hills)
Being a portion of Section 29,Township 3 North,Range 6 East of
the Gila and Salt River Base and Meridian,Maricopa County,
Arizona,more particularly describedasfollows:
COMMENCING attheEastquartercornerofsaid Section 29;
thence North 00 degrees 02 minutes 36 seconds West,along the East
lineofsaid Section,322.27 feet;
thenceSouth89degrees57minutes24secondsWest,1317.02feet
to the POINT OF BEGINNING;
thenceNorth54degrees47minutes04secondsWest,233.45feet;
thenceNorth55degrees34minutes10secondsWest,421.27feet;
Continued •...
\^&p/
EXHIBIT "A":paqe 13
(201-800-663925)
thenceNorth10 degrees 46 minutes 57 seconds West,918.57 feetto
a point on the Southerly Right-of-Way line of Shea Boulevard;
thence North 79 degrees 13 minutes 03 seconds East,along said
SoutherlyRight-of-Way line,848.17 feet;
thenceSouth10 degrees 46 minutes 57 seconds East,438.00 feet;
thence South 17 degrees 54 minutes 27 seconds East,80.62 feet;
thence South 67 degrees 19 minutes 22 seconds West,303.63 feet;
thenceSouth03degrees33minutes08 seconds East,811.35feetto
the POINT OF BEGINNING.