HomeMy WebLinkAboutProperty - Acceptance of Streets - 904 VC 05 Accepting a Portion of Vistoso Commerce Loop Resolution No. (R) 05-73 F. ANN RODRIGUEZ, RECORDER DOCKET: 12692
RECORDED BY: SGPkt
voi PIir PAGE: 643
DEPUTY RECORDER 4► p NO. OF PAGES: 5
1456 AS2 r °' i SEQUENCE: 20052330121
Wim_ �;�`z
SOROV +� �:_,�
.v:
TOWN OF ORO VALLEY 12/02/2005 RES 11:44
11000 N LA CANADA `44I10I1
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 8.00
j
DEC 22'@5R►i 213 IOU
RESOLUTION NO. (R)05-73
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL
OF THE TOWN OF ORO VALLEY,ARIZONA,ACCEPTING
A PORTION OF VISTOSO COMMERCE LOOP FOR
MAINTENANCE AS A PUBLIC STREET
WHEREAS, Pursuant to Town of Oro Valley Town Code, Chapter 7, Article 7-8,
the Mayor and Council of the Town of Oro Valley have the power to accept
ownership of real property on behalf of the Town;and
WHEREAS, the developer constructed Vistoso Commerce Loop as described in
Exhibit A, attached hereto by reference, with the intent that the street be dedicated
and turned over to the Town;and
WHEREAS, all conditions for repair and surface maintenance only prior to
acceptance, as set forth by the Town Engineer, have been met for this portion of
Vistoso Commerce Loop;and
WHEREAS,the Town deems it necessary and in the best interests of the residents
of the Town to accept that portion of Vistoso Commerce Loop;and
WHEREAS,The Mayor and administrative officials of the Town of Oro Valley
are authorized to take steps necessary to accept that portion of the street described
herein on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Town of Oro Valley, Arizona, that the portion of Vistoso Commerce Loop as
described herein in the Special Warranty Deed be accepted as a public street. !lri�
PASSED AND ADOPTED by the Mayor and Town Council of the Town of
Oro Valley, AZ this 7th day of TOWN OF ORO VALLEY
September, 2005. Eq
Paul H.Loomis,Mayor
ATTEST: APPROVED AS TO FORM:
C'•
Kath "n E.Cuvelier,Town Clerk elinda Ga a'an,Town Attorne
F:\Kesolutions\2005\Vistoso Commerce Loop St Acceptance.doc Office of the Town Attorney/da/080405
r
• i
Revised August 15,2005
MMLA# 95151-27
Exhibit A
Legal Description
Right-of-Way
A portion of Section 29, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima
County, Arizona, described as follows:
COMMENCING at the southeast corner of Lot 266 of Rancho Vistoso Neighborhood 2, Phase
2, Lots 163-180, 221-244, 262-318 and Common Area "A", recorded in Book 51 of Maps and
Plats at Page 64, records of Pima County, Arizona;
THENCE
S 83°52'33" E alongthe southern boundary of said Rancho Vistoso Neighborhood 2,
a distance of 115.70 feet to the westerly right-of-way line of Vistoso Commerce Loop as
recorded in Dkt. 8379 at Page 2112, records of Pima County, Arizona, said point lying on the arc
g
of a non-tangent curve concave northwesterly, a radial line of said curve through said point
having a bearing of S 70°13'06" E;
THENCE upon said right-of-way the following two courses and distances:
northerly along the arc of said curve,to the left, having a radius of 510.00 feet and a
central angle of 0°38'27" for an arc distance of 5.71 feet;
S 70°51'37" E a distance of 2.24 feet to the POINT OF BEGINNING;
THENCE upon the easterly boundary of said Rancho Vistoso Neighborhood 2 the following
five courses and distances:
N 24°30'00" E a distance of 400.68 feet to a point of curvature of a tangent curve concave
westerly;
northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central
angle of 77°12'55" for an arc distance of 33.69 feet to a point of reverse curvature of a tangent
curve concave northeasterly;
northwesterly along the arc of said curve, to the right, having a radius of 206.00 feet and a
central angle of 53°28'20" for an arc distance of 192.25 feet;
N 00°45'25" E a distance of 137.20 feet;
S 89°14'35" E a distance of 50.00 feet to the southwest corner of Lot 283 of said 1,;i
Rancho Vistoso Neighborhood 2:
° '''
THENCE S 00 45'25" W a distance of 137.20 feet to a point of curvature of a tangent curve !
concave northeasterly;
c-svbnd3a.rtf 1
Revised August 15,2005
MMLA # 95151-27
THENCE southeasterlyalong the arc of said curve, to the left, having a radius of 156.00 feet
and a central angle of 43°58'51" for an arc distance of 119.75 feet to a point of compound
curvature of a tangent curve concave northerly;
THENCE easterlyalong the arc of said curve, to the left, having a radius of 25.00 feet and a
central angle of 106°04'51" for an arc distance of 46.29 feet to a point of reverse curvature of a
tangent curve concave southeasterly;
THENCE northeasterly along the arc of said curve, to the right, having a radius of 225.00 feet
and a central angle of 60°00'57" for an arc distance of 235.68 feet;
THENCE S 89°17'20" E a distance of 66.67 feet to a point of curvature of a tangent curve
concave northwesterly;
THENCE northeasterly along the arc of said curve, to the left, having a radius of 25.00 feet and
a central angle of 90°00'45" for an arc distance of 39.28 feet to a point of cusp, lying on the
westerly g ri ht-of-way line of State Route 77 (Oracle Road) according to Mt. 548 at Page 385,
records of Pima County, Arizona and A.D.O.T. Right-of-Way Map S-111;
THENCE S 00°41'55" W along said westerly right-of-way line, a distance of 130.00 feet to a
point of cuspwith the arc of a curve concave southwesterly, a radial line of said curve through
said point having a bearing of S 89°17'20" E;
THENCE leaving said westerly right-of-way line, northwesterly along the arc of said curve, to
the left, having a radius of 25.00 feet and a central angle of 90°00'00" for an arc distance of
39.27 feet;
THENCE N 89°17'20" W a distance of 66.70 feet to a point of curvature of a tangent curve
concave southeasterly;
THENCE southwesterly along the arc of said curve, to the left, having a radius of 145.00 feet
and a central angle of 57°58'09" for an arc distance of 146.70 feet to a point of compound
curvature of a tangent curve concave northeasterly;
THENCE southeasterly along the arc of said curve, to the left, having a radius of 25.00 feet and
a central angle of 95°24'01" for an arc distance of 41.63 feet;
THENCE S 24°30'00" W a distance of 50.03 feet to a point on the arc of a non-tangent g curve
concave soy,
uthwesterl a radial line of said curve through said point having a bearing of
N 24°30'00" E; t!1
arc of said curve, to the left, havinga radius of 25.00 feet and H
THENCE southwesterly along the
for an arc distance of 39.27 feet;
a central angle of 90°0000
c-svbnd3a.rtf 2
Revised August 15,2005
MMLA # 95151-27
THENCE
S 24°30'00" W a distance of 442.79 feet to a point of cusp with the arc of a curve
concave northwesterly,hwesterl a radial line of said curve through said point having a bearing of
65°29'59" E, saidpoint lying on the easterly right-of-way line of Vistoso Commerce Loop as
S Y
recorded in Dkt. 8379 at Page 2112, records of Pima County, Arizona;
THENCE along said right-of-way the following two courses and distances:
northeasterly along the arc of said curve, to the left, having a radius of 590.00 feet and a
central angle of 5°21'32" for an arc distance of 55.18 feet;
N 70°51'33" W a distance of 77.76 feet to the POINT OF BEGINNING.
See attached Exhibit B
Prepared By: v�►Q` do
27739
MMLA Inc. ERNEST •
a GOiul E ,,
eiGNEo_'
74
41?120 N A\;>.
Ernest Gomez AZ R.L.S. 27739
lum;
it•
tlfiit,:
15;1
lit,:,:,.
c-svbnd3a.rtf 3
C• URVE RADIUS ARC LE1/G TH lDELTA ANGLE LINE BEARING DISTANCE
C• l 510.00' 5.71' 00'38'27" L 1 S 70'51'37'" E 2.24'
C2 25.00' 33.69' 77'12'55" L2 N 00'45'25" E 137.20'
C3 206.00' 192.25' 5328'20" L3 S 89'14'35" E 50.00'
'58'51'' L 4 S 00'45'25'' W 137.20'
C4 156.00' 119.75' 43
C5 2500' 46.29' 106'04'51" L5 S 8977'20" E 66.67'
C6 225.00' 235.68' 60'00'57" L 6 S 00'41'S5" W 130.00'
C7 25.00' 39.28' 90'00'45"
L 7 N 89'17'20" W 66.70'
L8 S 24'30'00" W 50.03'
C• 8 25.00' 39.26' 89'59'15"
C9 145.00' 146.70' 57'58'09" L 9 N 70'51'33" W 77.76'
C10 25.00' 41.63' 9524'01" 0
C11 25.00' 39.27' 90'00'00"
C12 590.00' 55.18' 0521'32" FND• 3" ADOT AC �`:,_
STA. 804+02.09
,
+ Fi
,
f .. n. wa -'\... ft
•
t
/'
_,._....,.,;\
Rancho Vl toso �.«
--; '!, \
Neighborhood 2,...',. _,..^, ,. x , C -- _
i _L w..
r f
•
~--«M Book 51 Pae 17 M&p
Page ..
w
. t
Lo
• ` ti
i :
M
4M
• � Ra st
n
. cho Vi oso`Neighborhood 2 I ...t c,
_ 1_ 4 _
Phase 2,Lots 163 180,22 :2 4, o, a O 2
,,......:_._./, -�*• �« -�� 262 318 and Common�..Area A �� °Oz M
ci)
7A.
= � ..51,.Page
.B 04 M&P ,R --i- _,_, -,Lc ,E...!:,
, ., , , :
, .., ,.,
, . . ......... .
.. .. i i, o -64 P-, >
. _ .
. .., ..
1 ;ci .,,,, . ' t f ,,,
, , , , ., , ------- it P4 •
ti -, .,.!.() .4.J cz8oz
,,, : al N -N s <_ �....„A�w n�° L3 s
. ‘ : , . , •, .
O
n...4.
t
rv>v
3
•
o �...w- __, 50 L Ct A"'
i
titer.«
0 4t
a
-
I -
u
•v.
rY... __..... v.. �_ V 80'v
Rancho Vistoso
e
n__
-..----" Neighborhood 2 Ph* ~-«.,w-- ---}-�-.....Ranch ist
° V os°Neighborho U'4. ,C„.5 '''- ---'-''... ° L7 lc-t
_ ,i....„____,.Lots 122-162,245-261 {:.....•,.«.«.�w-. _Phase 2� ...
Neighborhood;
..-.
.......•, Lots 163-180 221-
Book 50,Page 82..M&P' •; ««.,,.w -31 244, N
m...:
�.. 2
C
an .._
°moron Area A off'
..._ '~ . _.. o ok 51;page 64 M& ;� C 11 �,
0
N
.. z , „ •- ,- S0"1 '06" E r d p' e i
•
POC-S POB ° ,;,\,'\.:
`�'�
n2« •.�n« n ... SE COR. 0- D, .Ary
LOT_LI!• :' ::. ' ' ' ' 266 ::9A.,,,,,,'
JL
S 83°52'33"E �, °''"
ou.t,
115.70' til
Eli
____7
Vistoso Commerce LoopoilDkt. 8379,Page 2112
FND. 3" ADOT AC ,,
STA. 795+00 Eli
Ell
ii o,o,
SKETCH OFA
M M L A
LEGAL DESCRIPTION 7
PSOMASINI
KO L Wm.ant Ws lla Traoa,Ai 85711 A PORTION OF SEC. 29
Tel (520)292-2300 (800)441-5875
Fe t320 -193 TOWNSHIP 11 SOUTH, RANGE 14 EAST
GILA & SALT RIVER MERIDIAN SCALE: 1 "= 250'
DRAWN BY: mrf
DATE: Aug 05 PIMA COUNTY, ARIZONA
Message Page 1 of 1
Garrity, Roxana
rx i rvvix.w.v..ixxx�iw��nrisii.w�nrw.w�wi��.vwewxix�.v .v.viNvivi iwiwwvv� i ii++i+ww�iH+uw N+i.w ivNmrwr w�rovNwv.�w+w.wv�wr �v��H+.?M!K!K?!K!<^!'�!H+.....tC<KC,•�.�•x!.ve{. w�wrmr uNv{,?. - .roux! .. ... .. i<MiNwv!. ......... .. .. ..... +iti!i
From: Faaborg, Steve
Sent: Wednesday, November 30, 2005 1:57 PM
To: Garrity, Roxana
Subject: RE:
The legal description dated August 15, 2005 is the correct legal to be recorded. Using that one gives us a description that is
stamped by a Registered Land Surveyor and the verbiage is the same as the one that I wrote.
Steve Faaborg
Senior Civil Engineering Technician
Town of Oro Valley
Department of Public Works
Phone (520)-229-4877
Fax (520)-229-4871
E-mail - sfaaborg@orovalley.net
Original Message
From: Garrity, Roxana
Sent: Tuesday, November 29, 2005 4:53 PM
To: Faaborg, Steve
Subject:
Hi! Have you had a chance to look at the Vistoso Commerce Loop Exhibits yet to decide which
one I should record? (Dec. 27, 2004 or August 15, 2005) I am assuming it is the later of the
two, but what do I know:)
Anyway, whenever you have a chance, just let me know
Thanks!
Roxana
Roxana Garrity, CMC
Deputy Town Clerk
Town of Oro Valley
520-229-4741
rgarrity@orovalley.net
11/30/2005
0..EY A
,,..0 -:1'5,k-71.7,t,pt.„ 04,
6— 6/), s#� TOWN OF ORO VALLEY
# 11000 N.LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
At p
Administrative Offices(520)229-4700 Fax(520)297-0428
A A www.townoforovalley.com
A
°U7""'"' .‘91b1
NDED -
November 30, 2005
Recording Division
Pima County Recorder's Office
P.O. Box 3145
Tucson, AZ 85702-3145
RE: Recording of Resolution(R)05-73
Please record the enclosed document as referenced above. Once recorded, please return the
document to the Town of Oro Valley, ATTN: Town Clerk, 11,000 N. La Canada Drive, Oro
Valley,AZ, 85737.
We currently have a debit account set up with the Recorder's Office. Please charge applicable fees
to the Town of Oro Valley's account, #23446.
Thank you.
Sincerely,
\ ) c: 1
... _C1,—(<,,- '''.-,, \
Itf�,- -- X
Roxana Garrity. CMC ii
Deputy Town Clerk
Enclosure
RECORDING REQUESTED BY
Lawyers Title Insurance Corporation
AND WHEN RECORDED MAIL TO:
COTTONWOOD PROPERTIES
ATTN: BILL HALLINAN
3567 E.SUNRISE DR.,#219
TUCSON,AZ 85718
ESCROW NO.: 02375582—TITLE ONLY
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ARS 11-11343 (A3)
Special Warranty Deed
For the consideration of Ten Dollars,and other valuable considerations,I or we,
Overland Vistoso Limited Partnership,L.L.P.,an Arizona limited liability partnership,which acquired title as Overland
Vistoso Limited partnership,an Arizona limited partnership
do/does hereby convey to
Town of Oro Valley,a municipal corporation
the following real property situated in Pima County,Arizona:
SUBJECT TO: Current taxes and other assessments,reservations in patents and all easements,rights of way, encumbrances, liens,
covenants, conditions,restrictions, obligations,and liabilities as may appear of record.
And the Grantor hereby binds itself and its successors to warrant and defend the title, against all acts of the Grantor herein, and no
other, subject to the matters set forth.
Dated: January 5,2005
SELLER:
Overland Vistoso Limited Partnership,L.L.P., an Arizona
limited liability partnership
By: Ready Two Corporation, an Arizona corporation
Its: General partner
W. James Harrison,Vice President
- Escrow No.: 02375582—
State of Arizona This instrument was acknowledged before me this i- I/)
County of Pima } SS
day ofd +3 4
by. WI James Harrison, Vice President of Ready Two
Corporation, General Partner of Overland Vistoso Limited
Partnership,L.L.P.
i _ „..,_____Al-tte-z-f--- -14)&44—
, -ILZr.
OFFICIAL SE otary
blic
: ;-r;ie .'tSHIRLEY M. WELCH
. ;E
NOTARY PUBLIC-� ONA
*kit co fission will expire
PIMA COURT
My Comm. Exp Aug. 13, 22E1
..eA11f'ils0ti%.A.thlGwVwh.wYMGS:Y..ews.w��I+Te ,•w+..++.A'�+^nww�1
Page 2 of 2
. _ ,
,d r rnu r r rr nrunnrwnnruunuur nnnnuurnuur rnruur nu r r r r nu r n r r e r n e I r n n r r n rr /�
1 OWNER'S POLICY OF TITLE INSURANCE
___
__=
___
Issued byLawyers Title Insurance Corporation
POLICY NUMBER
_ ii LandAmerica Lawyers Title Insurance Corporation is a member of the A 1 5 —
23z24- 81
E,.E Lawyers Title LandAmerica family of title insurance underwriters.
11
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE _�
z CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title,as insured, but only to the extent provided in i
the Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by I
its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION a
_----,,,I7RNA‘kNN"%, I:
Attest: -0 By: i
1‘ friSEAT.J11! 7,4A.14 ,t_ ,, ex„,,,64 4
,,-;
1i,3`5': 1925 mo i
f �f
Secretary � s
President
't��‘��EXCLUSIONS FROM COVERAGE I
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or(iv) environmental protection,or the effect of any violation of these
laws,ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances,adverse claims or other matters:
(a) created,suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer;or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
j/� SJrI1 i � .1�..a, i ,..'nnou�rmnnnn[ti1
iil..-....�`��
NM 1 PA 10
ALTA Owner's Policy(10/17/92) NJRB 1-11
Form 1190-74B ORIGINAL Valid only if Schedules A and B are attached
POLICY OF TITLE INSURANCE
Issued by
Lawyers Title Insurance Corporation
SCHEDULE A
Amount of Insurance: $400,000.00 Policy No.: A75-2322487
Date of Policy: January 12, 2005 at 20050081261 Order Number: 02375582
Name of Insured:
TOWN of ORO VALLEY, a municipal corporation
1. The estate or interest referred to herein is at Date of Policy vested in:
TOWN OF ORO VALLEY, a municipal corporation
2. The estate or interest in the described herein and which is covered by this policy:
A FEE
3. The land referred to in this policy, is situated in the County of Pima, State of ARIZONA, and
is identified as more particularly described in Exhibit "A" attached hereto and made a part
hereof.
Countersigned:
3jt-?)
BY:
Authorized Officer or Agent
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 1 of 8
02375582
EXHIBIT "A"
A portion of Section 29, Township 11 South, Range 14 East, Gila and Salt River
Base and Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Southeast corner of Lot 266 of RANCHO VISTOSO
NEIGHBORHOOD 2, Phase 2, Lots 163-180, 221-244, 262-318 and Common
Area "A", recorded in Book 51 of Maps and Plats at page 64, records of Pima
County, Arizona;
THENCE South 83 degrees 52 minutes 33 seconds East along the Southern
boundary of said RANCHO VISTOSO NEIGHBORHOOD 2, a distance of 115.70
feet to the Westerly right of way line of Vistoso Commerce Loop as recorded in
Docket 8379 at page 2112, records of Pima County, Arizona, said point lying on
the arc of a non tangent curve concave Northwesterly, a radial line of said curve
through said point having a bearing of South 70 degrees 13 minutes 06 seconds
East;
THENCE upon said right of way the following 2 courses and distances:
Northerly along the arc of said curve, to the left, having a radius of 510.00 feet
and a central angle of 0 degrees 38 minutes 27 seconds for an arc distance of
5.71 feet;
South 70 degrees 51 minutes 37 seconds East a distance of 2.24 feet to the
POINT OF BEGINNING;
THENCE upon the Easterly boundary of said RANCHO VISTOSO NEIGHBORHOOD
2 the following 5 courses and distances:
North 24 degrees 30 minutes 00 seconds East a distance of 400.68 feet to a
point of curvature of a tangent curve concave Westerly;
Northwesterly along the arc of said curve, to the left, having a radius of 25.00
feet and a central angle of 77 degrees 12 minutes 55 seconds for an arc
distance of 33.69 feet to a point of reverse curvature of a tangent curve concave
Northeasterly;
Northwesterly along the arc of said curve, to the right, having a radius of
206.00 feet and a central angle of 53 degrees 28 minutes 20 seconds for an arc
distance of 192.25 feet;
North 00 degrees 45 minutes 25 seconds East a distance of 137.20 feet;
South 89 degrees 14 minutes 35 seconds East a distance of 50.00 feet to the
Southwest corner of Lot 283 of said RANCHO VISTOSO NEIGHBORHOOD 2;
THENCE South 00 degrees 45 minutes 25 seconds West a distance of 137.20
feet to a point of curvature of a tangent curve concave Northeasterly;
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 2 of 8
2375582
EXHIBIT "A" - Continued
THENCE Southeasterly along the arc of said curve, to the left, having a radius of
156.00 feet and a central angle of 43 degrees 58 minutes 51 seconds for an arc
distance of 119.75 feet to a point of compound curvature of a tangent curve
concave Northerly;
THENCE Easterly along the arc of said curve, to the left, having a radius of 25.00
feet and a central angle of 106 degrees 04 minutes 51 seconds for an arc
distance of 46.29 feet to a point of reverse curvature of a tangent curve concave
Southeasterly;
THENCE Northeasterly along the arc of said curve, to the right, having a radius
of 225.00 feet and a central angle of 60 degrees 00 minutes 57 seconds for an
arc distance of 235.68 feet;
THENCE South 89 degrees 17 minutes 20 seconds East a distance of 67.16 feet
to a point of curvature of a tangent curve concave Northwesterly;
THENCE Northeasterly along the arc of said curve, to the left, having a radius of
25.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an arc
distance of 39.27 feet to a point on the Westerly right of way line of State Route
77 (Oracle Road) according to Docket 548 at page 385, records of Pima County,
Arizona;
THENCE South 00 degrees 42 minutes 40 seconds West along said Westerly
right of way line a distance of 130.00 feet to a point on the arc of a non tangent
curve concave Southwesterly, a radial line of said curve through said point
having a bearing of South 89 degrees 17 minutes 20 seconds East;
THENCE leaving said Westerly right of way line, Northwesterly along the arc of
said curve, to the left, having a radius of 25.00 feet and a central angle of 90
degrees 00 minutes 00 seconds for an arc distance of 39.27 feet;
THENCE North 89 degrees 17 minutes 20 seconds West a distance of 67.16 feet
to a point of curvature of a tangent curve concave Southeasterly;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of
145.00 feet and a central angle of 57 degrees 58 minutes 09 seconds for an arc
distance of 146.70 feet to a point of compound curvature of a tangent curve
concave Northeasterly;
THENCE Southeasterly along the arc of said curve, to the left, having a radius of
25.00 feet and a central angle of 95 degrees 24 minutes 01 seconds for an arc
distance of 41.63 feet;
THENCE South 24 degrees 30 minutes 00 seconds West a distance of 50.03 feet
to a point on the arc of a non tangent curve concave Southwesterly, a radial line
of said curve through said point having a bearing of North 24 degrees 30
minutes 00 seconds East;
THENCE Southwesterly along the arc of said curve, to the left, having a radius of
25.00 feet and a central angle of 90 degrees 00 minutes 00 seconds for an arc
distance of 39.27 feet;
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 3 of 8
2375582
EXHIBIT "A" - Continued
THENCE South 24 degrees 30 minutes 00 seconds West a distance of 442.80
feet to a point on the arc of a non tangent curve concave Northwesterly, a radial
line of said curve through said point having a bearing of South 65 degrees 29
minutes 59 seconds East, said point being on the Easterly right of way line of
Vistoso Commerce Loop as recorded in Docket 8379 at page 2112, records of
Pima County, Arizona;
THENCE along said right of way line of Vistoso Commerce Loop the following 2
courses and distances:
Northeasterly along the arc of said curve, to the left, having a radius of 590.00
feet and a central angle of 5 degrees 21 minutes 34 seconds for an arc distance
of 55.19 feet;
North 70 degrees 51 minutes 33 seconds West a distance of 77.76 feet to the
POINT OF BEGINNING.
(Portion JV Arb 74)
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 4 of 8
02375582
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, nor against costs, attorneys fees or expenses,
any or all of which arise by reason of the following:
Part I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices or
such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) water rights, claims or title to water, and agreements,
covenants, conditions or rights incident thereto, whether or not the matters excepted under
(a), (b) or (c) are shown by the public records.
END OF SCHEDULE B — PART I
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 5 of 8
02375582
SCHEDULE B
Part II
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. RESERVATIONS contained in the Patent from the United States of America recorded in
Book 84 of Deeds at page 292, reading as follows:
RESERVED from the lands hereby granted a right of way thereon for ditches or canals
constructed by the authority of the United States of America. Excepting and reserving,
however, to the United States all the coal and other minerals in the lands so entered and
patented, together with the right to prospect for, mine, and remove the same pursuant to
the provisions and limitations of the Act of December 20, 1916 (39 Stat., 862)
2. RESERVATIONS contained in the Patent from the United States of America recorded in
Book 87 of Deeds at page 116, reading as follows:
SUBJECT to any vested and accrued water rights for mining, agricultural, manufacturing or
other purposes, and rights to ditches and reservoirs used in connection with such water
rights as may be recognized and acknowledged by the local customs, laws and decisions of
courts; and there is reserved from the lands hereby granted, a right of way thereon for
ditches or canals constructed by the authority of the United States of America.
3. TAXES AND ASSESSMENTS collectible by the County Treasurer, a lien not yet due and
payable for the following year:
2005
4. RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, including but not limited to
any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from
the above, any restrictions based on race, color, religion sex, handicap, familial status or
national origin contained in instrument:
Recorded in Docket 8021
Page 925
Amended in Docket 8327
Page 2058
Amended in Docket 8629
Page 576
Recorded in Docket 9737
Page 1160
Amended in Docket 10037
Page 1540
5. RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, including but not limited to
any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from
the above, any restrictions based on race, color, religion sex, handicap, familial status or
national origin contained in instrument:
Recorded in Docket 8151
Page 2548
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 6 of 8
2375582
SCHEDULE B-PART II
(CONTINUED)
6. RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, including but not limited to
any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from
the above, any restrictions based on race, color, religion sex, handicap, familial status or
national origin contained in instrument:
Recorded in Docket 8153
Page 666
Amended in Docket 8249
Page 720
Amended in Docket 9951
Page 1232
Amended in Docket 10165
Page 1569
7. RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, including but not limited to
any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from
the above, any restrictions based on race, color, religion sex, handicap, familial status or
national origin contained in instrument:
Recorded in Docket 10431
Page 294
Consent recorded in Docket 10524
Page 281
8. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Miscellaneous Book 57
Page 257
Purpose communication facilities
9. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket 8379
Page 2094
Purpose drainage
10. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket 8394
Page 1253
Purpose street, sewer, utility and municipal services
11. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket 8394
Page 1258
Purpose utilities
12. EASEMENT and rights incident thereto, as set forth in instrument:
Recorded in Docket 10521
Page 238
Purpose utilities
13, Terms and conditions as set forth in Docket 7786 at page 957.
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 7 of 8
2375582
SCHEDULE B - PART II
(CONTINUED)
14. THE RIGHTS OF Optionee under the terms of Option to Purchase:
Dated March 12, 1997
Optionor OVERLAND VISTOSO LIMITED PARTNERSHIP, LLP, an Arizona
limited liability partnership
Optionee U.S. HOME CORPORATION, a Delaware corporation
Term not shown
Recorded March 12, 1997
Docket 10500
Page 1629
(Includes other property)
15. DEED OF TRUST given to secure the original amount shown below, and any other amount
payable under the terms thereof:
Amount $1,100,000.00
Dated October 21, 1994
Recorded October 21, 1994
Docket 9903
Page 2338
Trustor OVERLAND VISTOSO LIMITED PARTNERSHIP, an Arizona limited
partnership
Trustee JAMES B. CON NOR, ESQ., a member of the State Bar of Arizona
Beneficiary AMERICAN FOUNDERS LIFE INSURANCE COMPANY, a Texas
corporation
(includes other property)
16. FINANCING STATEMENT between:
Debtor OVERLAND VISTOSO LIMITED PARTNERSHIP, an Arizona limited
partnership
Secured Party AMERICAN FOUNDERS LIFE INSURANCE COMPANY
Recorded October 21, 1994
Docket 9903
Page 2369
(includes other property)
END OF SCHEDULE B — PART II
ALTA Owner's Policy(10-17-92)—Standard Coverage
Page 8 of 8
'Veld r 1 i 1 r t r 1 11 t I fit 1 I II 111111 11 1111111 iii /1 1 VIII 1. 1 11 i 1.: r11 1 111 .= -Q11.1T1.IIuu1ll11111111ll 11i1111111111MIMMUIMQmNtul1uu11111111111lLnul - 11.111.1e
O -
2
co
T�
W
t.
-'
`1"--,,,,tulrinn 1 w If NEWIIIIII=MIIIIMEMDr_
nsmi nrunut tr tt
„` _
\'°rI111i111I1II11111 a11,Eiildj,,as(al,ti 1111111111ilit111111111111Ut11t I'tlrtition r11rmintNr1t111ritt11111111111{1#Itkoniiitfi1Nttut mittimmittilillliirriltllt —thialiii= -
•
c e--n• r- _.... r... -,..„-- ›
. co 3 '. 1 0
r , 3 ,D
—1
r
�' z
.. o cnrn
. own * = cz 7v
3 < 0 CD >3 r c� CD CD Cn Cn
o " m ..., . CD 111111.1.■ D
B = �D -1 Q- C 7 0 C!1
"' c -0
w N ,�.- ° 0
c 3 -•! Z
...< fa) _c:2 0 0FE o ...,1 m ...<
. 0
S
C MI
CD
�_ __ _� __
tllittto IIIlttitilitl111111r�i111111t 1t1111i1tti111mItititi111t1f1111muittioti111111it1111ritI1111..trltlivrtlr113titttiiimi mom 1 t iil tlttt111tt11111t mitwo — A I t
�i 1 If/i 1111111 1 IIIc 1 lillllllllllliltl/lllllltitllli
�. 1 1 ii 1 111 i 1 Ii1111iv111t 11l11t1111111f i11I1111111111I If ittlll if 111:it1111i t vlvi 11111111 it ltlllitl li ti 11 lttillittltil lil lllllllll ttt 111 illil t 1 Ii t Illflil 111 I
�\_��It1tNIli1111111/tI I11i 1115111NIi1111I1tilii11141t11111 rI tI I1t1I11t t11t1111111ti 1t 111111 t111it1iitt 1111111111111it11111111ttltlttrittltrllelltiiltii111111111 itiI111i1U111111111fIHIl1Ht1111111iglltttt1i 1111t11111111111i111111tI11111reilitllllll r11111t1111111fII I1111111111111111111111p 11111111:1111111i�t1tv11111f 1v11iliiiilt 111 1 I It11t11111 f I ,__..,......_� f/
111
HI Fto • v,i 0 0 0 3 u)---, --,
�
r P"" �; o ,�- cp Q N —! m < —*t m -, =
-I C -� r-.- CD 0 O al
MN - ,* = 0 s-
CSD O- -,C0 "Il<
-• = C <CD .
r-1.-
01, CD
O.� '• cp DD .3 cco cn O O -v
D
0 - o
0 n N
� Q- -� <
CD
nC _ O- N r-- DDo O ED = , Ooc) N CD
- _.. O p ` CD
cl)
t'1 n cn �~ . cD c/, r.--,_
m sa) ....
CD
Es)
CCD CD
op
1-1-1
= p 5 O � cn_ n
OOC �
cD COOD O �- O�- 0Cf) il) (1) =.
CD
3 CD O
_- = O
m • ps- = 0 CD CD �< C/) -'