HomeMy WebLinkAboutRes 2000-16L
RESOLUTION 2000-16
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ADOPTING
THE VILLAGE BAZAAR SHARED PARKING AGREEMENT.
WHEREAS,The Town of Fountain Hills is located in Maricopa County,Arizona;and
WHEREAS,Title 9, § 500.5 of the Arizona Revised Statutes allows a municipality such as the Town of
Fountain Hills to enter into a development relating to a property in a municipality,such as
the Village Bazaar,AKA Plaza Fountainside property;and
WHEREAS,The Village Bazaar Shared Parking Agreement is consistent with the Town of Fountain
Hills General Plan.
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1.That,pursuant to Title 9, § 500.5 of the Arizona Revised Statutes,the Town of Fountain
Hills hereby adopts the Village Bazaar Shared Parking Agreement,as shown in Attachment
"A",incorporated herein by reference.
SECTION 2.That the Town Manager,Town Attorney,and the Town Clerk are hereby authorized and
directed to take any and all actions and to sign any documents necessary to execute the
Village Bazaar Shared parking Agreement.
SECTION 3.That this resolution supersedes Resolution 1999-61 and makes that resolution null and
void.
PASSED AND ADOPTED this 6th day of April,2000.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
Cassie B.Hansen
Town Clerk
REVIEWED BY:APPROVED AS TO FORM:
Paul L.Nordin
Town Manager
William E.Farrell
Town Attorney
Resolution 1999-61
Page 1 of 1
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When recorded,return to:
Town of Fountain Hills
16838 East Palisades Boulevard
Fountain Hills,Arizona 85268
Village Bazaar Shared Parking Agreement
This Shared Parking Agreement ("Agreement")is entered into this 6th day of April,
2000, by and between Town of Fountain Hills,an Arizona municipal corporation (the 'Town"),
and Victoria Properties,Inc., an Arizona corporation (the "Developer").
Recitals:
1. The Developer is the owner of certain real Property located within the Town of
Fountain Hills,Arizona consisting of approximately 5.9224 acres and legally described on Exhibit
"A"hereto and commonly known as the Village Bazaar (the "Property"or the "Project").
2. The Developer is the owner of certain real Property located within the Town of
Fountain Hills,Arizona consisting of approximately 1.3246 acres and legally described on Exhibit
"B"hereto and commonly known as the "R-190 Zoned Land."
3.The Town is the owner of certain real Property located within the Town of Fountain
Hills,Arizona consisting of approximately 63.45 acres and legally described on Exhibit "C"hereto
and commonly known as Fountain Park (the "Park").
4. The Developer 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,conditions,terms,restrictions and requirements for the construction and
installation of infrastructure improvements,dedications from the Developer to the Town,permitted
uses for the Property,modified parking regulations and any and all other matters set forth within the
body of this Agreement and as more particularly identified and described on the Plan of
Development,dated December 7, 1999 as prepared by Patrick Hayes Architecture and as attached
as Exhibit "D"hereto.
5. The Developer and the Town acknowledge that the ultimate development of the
Property within the Town is of such magnitude that the Developer requires assurances from the
Town of the Developer's right to complete the development of the Property pursuant to the Plan of
Development before it continues to expend substantial efforts and costs in the development of the
Property; and the Town requires assurances from the Developer that when it develops the Property,
it will do so in accordance with the Plan of Development and terms and conditions of this
Agreement.
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6. The Town acknowledges that the development of the Property pursuant to this
Agreement will result in significant aesthetic, planning and economic benefits to the Town and its
residents by increasing revenues to the Town based on improvements constructed on the Property
and in the Park and by creating employment through the development of the Property.Further,the
Town acknowledges that significant benefits areprovided to the Town by Developer's development
of the Property in accordance with the Plan of Development including (i) the dedication to the Town
of all R-190 zoned land within the Project, and (ii) the development of a parking lot within the Park,
and(iii) the development of a raised-grade activity north of the proposed Park parking lot within the
Park.
7.Developer acknowledges that the development of the Property pursuant to this
Agreement will result in significant benefits to the Developer by providing assurances to the
Developer that it will have the ability to develop the Property in accordance with an approved Plan
of Development and the use of Town-owned property to satisfy Project parking requirements.
Now,IN CONSIDERATION of the foregoing and the mutual promises and agreements set forth
herein, the parties agree as follows:
Agreement:
1.DEVELOPMENT PLANS.
1.1 Plan of Development.The Documents referred to in Recital 4 and the various
exhibits attached thereto this Agreement and this Agreement collectively constitute a "Plan of
Development"for the Property.It is the intent of the partiesthat the development is to be constructed
in accordance with the Plan of Development and as further clarified herein.To the extent there is
conflict between the various documents making up the Plan of Development and the various
ordinances of the Town of Fountain Hills, such development standards as are required to develop
the Property in general accordance with the Plan of Development shall be applied and shall govern
and control.
1.2 General Plan.The Town and Developer agree and acknowledge that the Plan
of Development is consistent with the adopted general plan of the Town of Fountain Hills asit exists
on April 6, 2000.Developer and Town agree that at any point in the future and during the term of
this Agreement that the Developer may seek an amendment to the Plan of Development,but that any
amendment to the Plan of Development must also be consistent with and in basic harmony with the
then adopted General Plan of the Town.
1.3 Minor Amendments.The Plan of Development presently indicates the amount
and location of building area and the minimum number of parking spaces to be developed on the
Property and in the Park and the general nature of commercial and other uses and their associated
minimum parking requirements forthe Project. So long asthe amount and type (ie.office,retailor
restaurant)of building area constructed as specified in the Plan of Development is not exceeded and
the minimum number of parking spacesis maintained, the Developer may apply to the Town Council
for minor changes to the Plan of Development affecting part or parts of the Property.The Town
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Council shall consider such applications as administrative amendments to this Agreement.In
rendering its decision whether to grant orwithhold approval of such applications,the Council may
take into account such factors as it deems relevant including by way of example only, the market
conditions then in existence,street circulation patterns and parking utilization and capacity.
1.4 Regulation of Development.The Town and Developer agree and
acknowledge that the ordinances,rules,regulations and policies of the Town applicable to and
governing the development of this Property shall be those ordinances,rules,regulations and
officially adopted policies (with current interpretation and practices)which are in existence and in
force for the Town as of the date of the recording of this Agreement as varied,waived or clarified
hereunder.
1.5 Commercial Space Usage and Parking.Notwithstanding any other language
orexhibits contained in this Agreement,the permitted distribution of commercial uses in the Project
shall not require more than 294 parking spaces, to be calculated as follows:The required number
of parking spaces for office and retail uses shall be one parking space per 250 square feet of gross
leasable space. The requirednumber of parkingspaces for restaurant uses shallbe one parkingspace
per 50 square feet of usable floor area.There shall not be more than 6,000 square feet of "usable
floor area" for restaurant use within the project.However,this maximum amount of usable floor
area for restaurant usage may be renegotiated at a future date after all of the project and planned park
improvements are made if it can be shown that excess unutilized parking exists.
2.CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS.
2.1 Developer's Construction.All infrastructure improvements as defined in the
Plan of Development and required to be installed and constructed by the Developer shall be done
in accordance and as set forth in the Plan of Development.All infrastructure requirements shall be
constructed in a manner and under the terms and conditions of all applicable standards,codes,rules
or regulations of the Town or other Governmental agencies as they exist at the time this Agreement
is entered. Upon permit approval, the Town grantsthe Developer the right to enter and remain upon
and cross any Town easements,rights-of-way and/or property,except as noted below,within or
immediately adjacent to the Project to the extent reasonably necessary to facilitate the construction
of additional infrastructure or to perform any necessary maintenance or repairs of said infrastructure
provided that the Developer shall not impede or adversely affect the Town or the public's use and
enjoyment thereof and provided that the Developer shall restore such easements,rights-of-way
and/or property to their prior condition upon completion of construction,repair or maintenance.
Except with specific Town Council approval,there shall be no right of the Developer to enter,
remain upon, cross or in any way utilize or disturb any hillside protection easement on the Property.
2.2 Dedication and Maintenance of Public Rights-of-Wav and Parks.Ownership
of all completed portions of the public right-of-way and Park improvements and other dedications,
including the dedication to the Town of the R-190-zoned portion of the Project andthe development
of the parking lot in the Park shall be dedicated,if need be, to the Town by instrument in form and
content acceptable to the Town.So long as such infrastructure improvements are constructed in
accordance with plans and specifications approved by the Town,as verified by inspection of the
\^,completed improvements by the Town's Engineer,the Town shall accept such dedications and shall,
beginning twelve (12)months from the date of acceptance, at its own cost and expense, maintain,
repairand operate such public improvements in accordance with its customary standards. From the
datethe Town acceptsthe improvements and for a period of one (1) yearthereafter,the Developer
shall, at its sole cost and expense,maintain and repair such improvements.
2.3 Dedication of the R-190-Zoned Land.The R-190-Zoned Land,located north
of the Property,shallbe dedicated to the Town by separate instrument on a date acceptableto the
Town.The Town will maintain this area as a part of Fountain Park.
2.4 Park parking lot. The Developer shall develop,at its sole cost and expense,
the Park parking lot as shown in the Plan of Development and as modified herein with a number of
parking spaces not lessthan 111 spaces.The Developershall modify the design of the Park parking
lot sothatthereis a twenty (20) foot landscapedbuffer on the south side of the parkinglot, abutting
the El Lago Boulevard right-of-way,exclusive of any bumper overhang. All parking spaces in the
Parkparkinglot shallbe designed so that bumper overhangs do not reduce abutting sidewalk widths
to less than eight (8) feet. The Park parking lot shall be redesigned so that a two-way driveway
(right-in, right-out turns only)is developed at the western side of the parking lot where it abuts El
Lago Boulevard. The row of parking spaces alongthe eastern side of the parkinglot shallbe forthe
sole use of park patrons and shall be signed accordingly. It is understood and accepted by both
partiesthat the physical location and orientation of the Park parking lot will be shifted northward to
the extent necessary to provide the landscaped area described in the previous sentence. All
landscaping shall conform to the landscaping standards of the Town Center Commercial Zoning
District. No occupancy permit shall be issued by the Town for Building "B",as shown on the Plan
of Development,until the Park parking lot is completed and landscaped to the satisfaction of the
Town. The Park parking lot shall be developed to the satisfaction of the Town priorto either the
issuance of any occupancy permit for Building "B"or by January 1, 2003,whichever occurs first.
2.5 Parking Lot Usage.The Park parking lot will provide parking forPark patrons
andoverflow parkingforProject patrons.The use of the Parkparkinglot by Project patrons will be
unrestricted,except forspecialparkorTown-approved events. The Project parking lot will provide
parking for Project patrons,which may include joint Project-Park patrons.Restricted-use covered
parking spaces may be developed in the Project parking lot at a number not to exceed the amount
required forthe office-spacecomponent of the Project.However, thesecovered parking spaces must
be available and signed for general parking on weekends and holidays and after 6:00 PM on
weekdays. The Project parking lot must be made available for unrestricted public parking for not
more than fifteen (15)Town-approved special (in most cases multi-day)events per year,an annual
list of which can be provided in advance to Developer.
2.6 Good faith contribution.As a part of this Agreement the developer is
committing to develop the Park parking lot,including the extension of two 4-foot by 10-foot box
culverts to the northern edge of the Park parking lot.The developer is also proposing to build two
five-foot high terracedretaining walls along the property's easterly property line, beginning nearthe
northern terminus of the proposed extension of the aforementioned box culverts to near the
property's northeastern propertyline. It is also agreedthat the developmentof a raised-grade (turf)
activity area located north of the proposed Park parking lot will benefit the Project. The costs of the
proposed box culvert extensions,the terraced retaining walls, and the value of the abutting raised
grade activity area to the Project can be agreed upon by the Town and the Developer.In the event
that studies show that less expensive construction methods can be utilized to convey water in the
drainage area, the developer shall, in good faith,redirect those funds to the development of all or a
portion of a raised-grade activity area north of the proposed Park parking lot. The Developer need
only redirect those funds that make up the difference between the cost of the box culverts and any
less-expensive method of water conveyance,the cost of any eliminated retaining walls due to the
development of a raised-grade activity area, and the added value that a raised-grade activity area
would have on the Project.
3.COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION.
3.1 Appointment of Representatives.To further the commitment of the parties to
cooperate in the implementation of this Agreement,upon the request of either the Developer or the
Town, the Town and the Developer each shall designate and appoint a representative to act as a
liaison between the Town and its various departments and the Developer.The initial representative
for the Town (the 'Town Representative")shall be the Town Manager, and the initial representative
for the Developer shall be its Project Manager, as identified by the Developer from time-to-time (the
"Developer Representative").The representatives shall be available at all reasonable times to discuss
and review the performance of the parties to this Agreement and the development of the Property
C pursuant to the Plan of Development.The representatives may recommend amendments to the Plan
of Development or this Agreement which may be agreed upon by the parties.
3.2 Expedited Town Decisions. The implementation of the Plan of Development
shall be in accordance with the development review process of the Town.If at any time the
Developer believes that an impasse has been reached with the Town staff on any issue affecting the
Property,the Developer 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 has been reached
is an issue where a final decision can be reached by the Town Staff, the Town Representative shall
give the Developer a final decision within fifteen (15) days after the Developer's request for an
expedited decision. If the issue on which an impasse has been reached is one where a final decision
requires action by the Town Council, the Town Representative shall be responsible for scheduling
a Town Council hearing on the issue at the next regular meeting of the Council after the Developer's
request for an expedited decision;provided,however, that if the issue is appropriate for review by
the Town Planning and Zoning Commission,the matter shall be submitted to the Commission first,
and then to the Town Council. If the issue on which an impasse has been reached is one where a final
decision requires action by the Board of Adjustment,the Town Representative shall be responsible
for scheduling a Board of Adjustment hearing on the issue within the applicable period provided by
law for such a decision. Both parties agree to continue to use reasonable good faith efforts to resolve
any impasse pending any such expedited decision.The foregoing expedited review process shall
always be subject to notice and hearing procedures required by law.
3.3 Default.Failure or unreasonabledelaybyeither partyto performor otherwise
C,act in accordance with any term or provision of this Agreement for a period of thirty (30)days (the
"Cure Period")after written notice thereof from the other party, shall constitute a default under this
Agreement. Said notice shall specify the nature of the alleged default and the manner in which said
default may be satisfactorily cured, if possible.In the event such default is not cured within the Cure
Period, the non-defaulting party shall have all rights and remedies which may be available at law or
in equity.
4.NOTICES AND FILINGS.
4.1 Manner of Service.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 registered or certified
United States Mail,postage prepaid,if to:
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The Town:
With a copy to:
The Developer:
With a copy to:
Personal Delivery:
Town Clerk
Town of Fountain Hills
16838 East Palisades Boulevard
Fountain Hills,Arizona 85268
William E.Farrell,Town Attorney
10135 East Via Linda,Suite 220
Scottsdale,Arizona 85258
Mr.Mike Gustafson
Victoria Properties,Inc.
549South 48th Street,Suite 108
Tempe,Arizona 85281
Mark D.Dioguardi
Tiffany &Bosco
Fifth Floor Viad Tower
1850 North Central Avenue
Phoenix,Arizona 85004-0103
or to such other addresses as either party hereto may from time to time designate in writing and
deliver in a like manner.
4.2 Mailing Effective.Notices,filings,consents,approvals and communication
given by mail shall be deemed delivered seventy-two (72) hours following deposit in the United
States Mail,postage prepaid and addressed as set forth above.
5.GENERAL.
5.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver
thereof, and no waiver by the Town or the Developer of the breach of any covenant of this
Agreementshall be construed as a waiver of any precedingor succeedingbreach of the same or any
other covenant or condition of this Agreement.
5.2 Headings. The descriptive headings of the paragraphs of this Agreement are
insertedfor convenienceonlyand shall not control or affectthe meaningor constructionof anyof
the provisions hereof.
5.3 Exhibits.Anyexhibit attachedheretoand thedocumentsconstitutingthePlan
of Development, 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.
5.4 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
matterscontemplated by this Agreement.Without limitingthe generalityof the foregoing, theTown
shallcooperatein good faith andprocess promptlyanyrequest and applicationsfor plat or permit
approvals or revisions,andother necessary approvals relating tothe development of the Property by
the Developer and its successors.
(5.5 Time ofEssence and Successor.Time is ofthe essence of this Agreement.All
ofthe provisions hereofshallinureto the benefit of andbe binding upon the successors and assigns
of the parties.
5.6 Term.The term of this Agreement shall commence on 16th day of December,
1999andshallrun perpetuallyunlessterminatedbythe writtenmutualagreementof bothpartiesor
their successors in interest.
5.7 No Partnership; Third Parties. It is not intended by this Agreement to, and
nothingcontainedin this Agreement shall,createany partnership,joint ventureorother arrangement
between the Developer 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.
5.8 Entire Agreement. This Agreement constitutes the entire agreement between
thepartiesheretopertainingto the subjectmatter hereof.All prior andcontemporaneous agreements,
representationsand understandingsof the parties, oral or written,are herebysuperseded and merged
herein.
5.9 Amendment. No change or addition is to be made to this Agreement except
by a written amendment executed by the parties hereto. Within ten (10) days after any amendment
to this Agreement, such amendment shall be recorded in the official Records of Maricopa County.
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5.10 Names and Plans.Subject to the provisions of the "Public Records and
Documents"laws of the State of Arizona,the Developer 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 Developer in connection with the
Property;provided, however, that in connection with any conveyance of portions of the Property to
theTown, such rights pertaining to the portions of the Property so conveyedshall be assigned,to the
extent that such rights are assignable, to the Town.Notwithstanding the foregoing, the Developer
shall be entitled to utilize such materials described herein to the extent required for the Developer
to construct,operate or maintain improvements relating to the Property.
5.11 Good Standing and Authority.Each of the parties represents and warrants to
the other (i) that it is duly formed and validly existing under the laws of Arizona, with respect to the
Developer, or a municipal corporation within the State of Arizona, with respect to the Town, (ii)that
it is a Arizona corporation or 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.
5.12 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 excuses the Town
from undertakingany contractual commitment to perform an act hereunder,this Agreementshall
remainin full force and effect, but the provisions requiring such action shall be deemed to permit
theTownto takesuch actionat its discretion.If,however,theTown failsto taketheactionrequired
hereunder, the Developer shall be entitled to terminate this Agreement.
5.13 Governing Law.This Agreement is entered into in Arizona and shall be
construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the
provisions of A.R.S.§38-511.
5.14 Recordation.This Agreement shall be recorded in the Official Records of
Maricopa County no later than ten (10) days after this Agreement is executed by the Town and the
Developer.Town and Developer agree that only Exhibits "A"and "B"hereto will be recorded with
the Agreement and that all other documents constituting the Plan of Development and other exhibits
will be maintained in a permanent file in the office of the Town Clerk.
5.15 No Developer Representation.Nothing contained herein or the Plan of
Development shall be deemed to obligate the Town or the Developer to commence construction on
or complete any part or all of the development of the Property; provided, however, any development
that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan
of Development,as the Plan of Development may be amended from time to time.
Exhibit "A"
Legal Description of Property
10
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Exhibit "A*
LEGAL DESCRIPTION FOR THE PLAZA FOUNTAINSIDE PARCEL
A portion of the southeast quarter of Section 14,Township 3 North,Range 6 East of the
Gila and Salt RiverBase and Meridian,Maricopa County,Arizona more particularly
described as follows:
Commencing atthe most southeasterlycorner ofFountainHills Arizona Final Plat No. 208
as recorded onNovember 30,1971 in Book 144,Page 4 ofthe Records of Maricopa
County, saidpointbeingon the easterlyright of way line of Saguaro Boulevard and said
pointbeing also the beginning ofacurve concave easterly and having a radius of 1145.00
feet,a radial linepassingthrough saidpoint bearsNorth 88°50'36" West, thence
northeasterly along the arc of said curve through a central angle of 06° 35*23" an arc
length of 131.69 feet to the point of beginning;
thence continuing along the arc of last said curve and saideasterly right of way, through a
central angle of 12°53*21"an arc length of 257.58 feet; thence North 20°38*08" East, a
distance of 845.49 feet;thence departing Saguaro Boulevard, South 69° 2 V 52" Easta
distance of 86.05 feet;thence South 15°52'(XT West a distance of 249.00 feet;thence
South 09°23*30"West a distance of 105.00 feet;thence South 05°09'59"East,a
distance of 108.06 feet to the beginning of a tangent curve concave easterly and having a
radius of 640.00 feet;thence alongthe arc of saidcurvethrough a central angle of 10°20'
01" an arc length of 115.43 feet;thence South 15°30' 00" East a distance of 414.63 feet
to the northerlyright of way line of El Lago Boulevard;thence South 74°50*00" West
along said right of way, a distance of 238.01 feet to the beginning of a tangent curve
concavenortherlyandhavinga radius of 470.00 feet;thence along ih^arc of saidcurve
through a central angle of 20°21*57"an arc length of 167.06 feet;thenceNorth 84°48°
03*'West a distance of 84.58 feetto the beginning of atangent curve concave northeasterly
and having a radius of20.00 feet;thence along the arc of said curve through a central angle
of 92°32'50" anarclength of 32.31 feet to the point of beginning.
This parcel contains an area of 5.9224 acres,moreor less.
Exhibit "B"
Legal Description of Park
11
R.B.Williams &Associates,Inc.
Consulting Engineers
R.B. Williams,P.E.-Jeffrey L Williams,P.E.•Clifford A.Williams, P.E.
Exhibit "B"
LEGAL DESCRIPTION FOR THE NORTH PORTION OF
THE PLAZA FOUNTAINSIDE PARCEL
A portion of the southeast quarter of Section 14,Township 3 North, Range 6 East of the
Gilaand Salt River Base and Meridian,Maricopa County, Arizona more particularly
described as follows:
Commencing at the most southeasterly corner of Fountain Hills Arizona Final Plat No.208
as recordedon November 30,1971 in Book 144,Page4 of the Records of Maricopa
County,saidpointbeingthe beginning of acurve,concave easterly,andhavinga radius of
1145.00 feet,a radial line passing through said point bears North88°50'36"West,thence
northeasterlyalong the arc of said curve througha central angle of06°35'23%\and arc
length of 131.69 feet;
thence, continuing along the arc of saidcurve and said easterly right of way, through a
central angle of 12°53' 21", anarclength of 257.58 feet;thence North 20°38'08"Cast,a
distance of 377.36 feet to the Point of Beginning;
\^/thence,continuing alongsaid easterly right of way,North 20°38'08"East,a distance of
468.13 feet;thence departing Saguaro Boulevard, South 69°2 V 52"East,a distance of
86.05 feet; thence South 15° 52W West,a distance of 249.00 feet; thence South 09°23'
30"West,a distance of 105.00 feet;thence South 05°09'59"East,a distance of 108.06
feet tothe beginning of a tangent curve,concave easterly and having a radius of 640.00
feet;thence along the arc of said curve through a central angleof 5°56'56",an arc length
of 66.45 feet;thence North 58°47*27"West,a distance of 209.80 feci to the Point of
Beginning, containinganarea of 1.3246acres,more or less.
459 N.Gilbert Road,Suite A-185 •Gilbert,AZ 85234-4727
Telephone (602)503-3100 • Fax (602)503-3336
Exhibit "C"
Plan of Development
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FountainParkPhaseIIPROJECTBOUNDARYMAPCURVE TABLECURVERADIUSLENGTHDELTAa1255.0029027QT50rC220.0036.04W3n5-09-C33oaoo216.5440T6'55*C4392.0007.40zo-oswC5392.001722225T0-WC635&0009.6320*44,45"C720.0034J59r5038*C8330.00B0.0722-35,00*C9360.00F77.9726'50'00#sao640.00B5l43W20'0rExhibit"C"UNETABLELICLENGTHBEARINGU40.73S69#2T5?IL2136.69S74#20TSTL3D7.00N55-45'00-WL4K)a06N05*09-59*WL5K)5iOON09*2330-EL686.05N69*2T52>TOTALAREA:63.45ACRESLAKE AREA:28.67ACRESPROJECTBOUNDARYSCALE1"=400'2-16-99
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Exhibit "C"fountain property
NO.211-007-1041677
A portion of Section 14,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 centerline of intersection of the Avenue Of The
Fountains and Saguaro Boulevard as shown on FOUNTAIN HILLS ARIZONA,
FINAL PLAT NO.208 as recorded on November 30,1971 in Book 144 of
Maps, Page 4 of the records of Maricopa County, Arizona,
thence South 69 degrees 21 minutes 52 seconds East a distance of
55.00 feet to the POINT OF BEGINNING,said point being on the
Easterly right of way line of Saguaro Boulevard;
thence North 20 degrees 38 minutes 08 seconds East along said right
of way, a distance of 942.72 feet to the beginning of a tangent
curve concave Westerly and having a radius os 1255.00 feet;
thence along the arc of said curve through a central angle of 13
degrees 15 minutes 08 seconds an arc length of 290.28 feet to the
beginning of a reverse curve concave Southeasterly and having a
radius of 20.00 feet, a radial line passing through said point
bears North 82 degrees 37 minutes 00 seconds West;
thence departing Saguaro Boulevard Northeasterly along the arc of
said curve through a central angle of 103 degrees 15 minutes 08
seconds an arc length of 36.04 feet to the Southerly right of way
of Panorama Drive;
thence South 69 degree's 21 minutes 52 seconds East along said right
of way a distance of 40.73 feet to the beginning of a tangent curve
concave Southwesterly and having a radius of 308.00 feet;
thence along the arc of said curve through a central angle of 40
degrees 16 minutes 52 seconds an arc length of 216.54 feet;
thence South 29 degrees 05 minutes 00 seconds East a distance of
281.77 feet to the beginning of a tangent curve concave
Northeasterly and having a radius of 392.00 feet;
thence along the arc of said curve through a central angle of 20
degrees 05 minutes 00 seconds an arc length of 137.40 feet;
thence"South 49 degrees 10 minutes 00 seconds East a distance of
597.70 feet to the beginning of a tangent curve concave
Northeasterly and having a radius of 392.00 feet;
thence along the arc of said curve through a central angle of 25
degrees 10 minutes 18 seconds an arc length of 172.22 feet;
thence South 74 degrees 20 minutes 18 seconds East a distance of
136.69 feet to the beginning of a tangent curve concave
Southwesterly and having a radius of 458.00 feet;
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Exhibit "C"
No:(211-007-1041677)
thence along the arc of said curve through a central angle of 67
degrees 50 minutes 18 seconds an arc length of 542.27 feet;
thence South 06 degrees 30 minutes 00 seconds East a distance of
404.84 feet to the beginning of a tangent curve concave Westerly
and having a radius of 358.00 feet;
thence along the arc of said curve through a central angle of 20
degrees 44 minutes 45 seconds an arc length of 129.63 feet to a
point of compound curve, said curve being concave Northwesterly and
having a radius of 20.00 feet,a radial line passing through said
point bears South 75 degrees 45 minutes 15 seconds East;
thence departing Panorama Drive along the arc of said curve through
a central angle of 97 degrees 50 minutes 37 seconds an arc length
of 34.15 feet to a point of reverse curve, said point being on the
Northerly right of way line of El Lago Boulevard,and said curve
being concave Southerly and having a radius of 302.00 feet, a
radial line passing through said point bears North 22 degrees 05
minutes 22 seconds East;
thence along the arc of said curve through a central angle of 68
degrees 15 minutes 22 seconds an arc length of 359.77 feet;
thence South 43 degrees 50 minutes 00 seconds West a distance of
340.76 feet to the beginning of a tangent curve concave Northerly
and having a radius of 220.00 feet;
thence along the arc of said curve through a central angle of 80
degrees 25 minutes 00 seconds an arc length of 308.78 feet;
thence North 55 degrees 45 minutes 00 seconds West a distance of
137.00 feet to the beginning of a tangent curve concave Southerly
and having a radius of 330.00 feet;
thence along the arc of said curve through a central angle of 22
degrees 35 minutes 00 seconds an arc length of^l30.07 feet;
thence North 78 degrees 20 minutes 00 seconds West a distance of
303.80 feet to the beginning of a tangent curve concave Southerly
and having a radius of 380.00 feet;
thence along the arc.,of said curve through a central angle of 26
degrees 50 minutes 00 seconds West*a distance of 177.96 feet;
thence South 74 degrees 50 minutes 00 seconds West a distance of
243.15 feet;
thence departing El Lago Boulevard North 15 degrees 30 minutes 00
seconds West a distance of 15.00 feet to the Southeast corner of
Parcel No. 2,Maricopa County Recorders Number 86-385919;
thence continuing,North 15 degrees 30 minutes 00 seconds West
along the Easterly line of said Parcel No.2,a distance of 143.00
feet to the Southeast corner of Parcel No.4B,of said Recorders
Number;
Exhibit "C"
No:(211-007-1041677)
thence continuing,North 15 degrees 30 minutes 00 seconds West
along the Easterly line of said Parcel No.4B,a distance of 182.00
feet to the Southeast corner of Parcel No. 5,of said Recorders
Number;
thence continuing,North 15 degrees 30 minutes 00 seconds West
along the Easterly line of said Parcel No.5,a distance of 74.63
feet to the beginning of a tangent curve concave Easterly and
having a radius of 640.00 feet;
thence along the arc of said curve through a central angle of 05
degrees 56 minutes 56 seconds an arc length of 66.45 feet;
thence departing said Parcel No.5,and continuing along the arc of
said curve through a central angle of 04 degrees 23 minutes 05
seconds an arc length of 4 8.98 feet;
thence North 05 degrees 09 minutes 59 seconds West a distance of
108.06 feet;
thence North 09~~degrees 23 minutes 30 seconds East a distance of
105.00 feet;
thence North 15 degrees 52 minutes 00 seconds East a distance of
249.00 feet;
thence North 69 degrees 21 minutes 52 seconds West a distance of
86.05 feet to the POINT OF BEGINNING.
EXCEPT all minerals as reserved unto the United States of America
in Patent of said land recorded February 28,1956 in Docket 1839,
page 426,records of Maricopa County,Arizona.
- 4 -
Exhibit "D'
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WEST ELEVATION
WEST ELEVATION
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NORTU ELEVATiON
EAST ELEVATION
SentBy:PATRICKHAYESARCHITECTUREINC.;6027657747;—»D1>Einn—\Mar-31-0012:15;Page5/71