HomeMy WebLinkAboutOV1600029When recorded, return to:
David A. McEvoy, Esq.
4560 East Camp Lowell Drive
Tucson, Arizona 85712
DEED
For the consideration of Ten Dollars, and other valuable considerations, the undersigned, WCCP
Rancho Vistoso, L.L.C., an Arizona limited liability company, does hereby convey to WCCP
Rancho Vistoso, L.L.C., an Arizona limited liability company, the following real property
situated in Pima County, Arizona:
See Exhibit "A" attached hereto and made a part hereof.
Subject to: Current taxes and other assessments, reservations in patents and all easements, rights
of way, encumbrances, liens, covenants, restrictions, ob ligations, and liabilities as may appear of
record.
The undersigned does warrant the title against all persons whomsoever, subject to the matters set
forth above.
Exempt per A.R.S. Section 11-1134.13(13).
Dated: December 29, 2015.
Grantor:
WCCP Rancl is so, LLC, an Arizona limited liability company
sy:
Scott Douglas, Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Las Xa c,eA-GS
CIVIL CODE § 1189
On Z.°t,Lou" before me, Ai-yN-p A .y+e\4or. , i ,2-iA t i
Date Here Ins A Name and Title of the Officer
personally appeared S ccsyr Doug
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ALAN A. VIEWEf3 I certify under PENALTY OF PERJURY under the
Commission # 2034464 laws of the State of California that the foregoing
Notary Public - California paragraph is true and correct.
Z Los Angeles County
Comm. E res 20 2017 WITNESS my hand and official seal.
Signature:
Place Notary Seal Above OPTIONAL ��
Signalure 2m tery Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �Ct7
Document Date: Number of Pages: Ord' -
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
J Other: MANkGC'61_
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: WCC.Q 'Avu-by�510o5b,, Signer Is Representing:
LLC p.,s AklzoA whcm') Uikfi%j
2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)
Item #5907
EXHIBIT "A"
A Bruce .mall ` uveys� Inc. 3040 N. Conestoga Ave.
Tucson AZ 85749-9332
e-mail: bruce.small@cox.net
voice: (520) 444-7186
February 10, 2016
Description of Walgreens Site.
A part of Section 29, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima
County, Arizona, described as follows:
COMMENCING at the marked stone monumenting the Southwest corner of the Southeast
quarter of said Section 29;
THENCE S 89040'30" E along the South line of said Southeast quarter a distance of 453.39 feet
to the Arizona Department of Transportation aluminum cap in concrete monumenting the West
right-of-way line of Oracle Highway (U. S. Highway 89);
THENCE N 00042'22" E along said West right-of-way line a distance of 692.51 feet to an
Arizona Department of Transportation aluminum cap;
THENCE N 00040'57" E along said West right-of-way line a distance of 143.37 feet to the found
1/2" iron rebar tagged RLS 7599 on the North right-of-way line of Rancho Vistoso Boulevard as
recorded in Docket 7868 at Page 1456;
THENCE N 89019'53" W along said North right-of-way line a distance of 453.86 feet to a found
1/2" iron rebar with a plastic cap stamped RLS 31020;
THENCE N 30008'48" W 237.11 feet to the POINT OF BEGINNING;
THENCE N 89003'l0" W 124.63 feet to a point on the arc of a non -tangent curve concave to the
Northeast, a radial line of said curve through said point having a bearing of S 12°5 F52" W;
THENCE Northwesterly along the arc of said curve, to the right, having a radius of 12.98 feet,
with a chord of N 38°38'35" W 16.16 feet, and a central angle of 76°59'04" for an arc distance of
17.44 feet to a non -tangent line;
THENCE N 00044' 19" E 12.41 feet;
THENCE N 8901604" W 9.03 feet;
THENCE S 00043'25" W 0.49 feet to a point on the arc of a non -tangent curve concave to the
North, a radial line of said curve through said point having a bearing of S 89115'10" E;
THENCE Southwesterly and Northwesterly along the arc of said curve, to the right, having a
radius of 1.15 feet, with a chord of N 89°15'10" W 2.30 feet, and a central angle of 180°00'00"
for an arc distance of 3.61 feet to a non -tangent line;
THENCE N 00043'25" E 0.48 feet;
THENCE N 89016'04" W 9.01 feet;
THENCE South 0.06 feet to a point on the arc of a non -tangent curve concave to the Northwest,
a radial line of said curve through said point having a bearing of S 75°46'50" E;
THENCE Southwesterly along the arc of said curve, to the right, having a radius of 33.27 feet,
with a chord of S 25°36'34" W 13.14 feet, and a central angle of 22°46'49" for an are distance of
13.23 feet to a non -tangent line;
THENCE S 42041'02" W 5.07 feet to a point on the arc of a non -tangent curve concave to the
Northeast, a radial line of said curve through said point having a bearing of S 47027'28" E;
THENCE Westerly and Northwesterly along the arc of said curve, to the right, having a radius of
3.05 feet, with a chord of N 63' 10'23" W 5.87 feet, and a central angle of 148°34'09" for an are
distance of 7.91 feet to a non -tangent line;
THENCE N 10058'53" E 42.42 feet to a point on the arc of a non -tangent curve concave to the
South, a radial line of said curve through said point having a bearing of N 79' 10'29" W;
THENCE Northeasterly and Southeasterly along the arc of said curve, to the right, having a
radius of 3.35 feet, with a chord of S 84°09'10" E 6.67 feet, and a central angle of 170°02'39" for
an arc distance of 9.94 feet to a non -tangent line;
THENCE S 00033'42" W 2.04 feet;
THENCE S 89007'37" E 8.99 feet;
THENCE N 00043'25" E 1.32 feet to a point on the arc of a non -tangent curve concave to the
South, a radial line of said curve through said point having a bearing of N 89015' 10" W;
THENCE Northeasterly and Southeasterly along the are of said curve, to the right, having a
radius of 1.15 feet, with a chord of S 89° 15'10" E 2.30 feet, and a central angle of 180°00'00" for
an are distance of 3.61 feet to a non -tangent line;
THENCE S 00043'25" W 1.32 feet;
THENCE S 89007'37" E 9.05 feet;
THENCE N 00044'26" E 34.82 feet;
r
THENCE N 20030'05" W 15.96 feet to a point on the arc of a non -tangent curve concave to the
East, a radial line of said curve through said point having a bearing of S 70°23'05" W;
THENCE Northerly along the arc of said curve, to the right, having a radius of 20.31 feet, with a
chord of 08°58'21" W 7.50 feet, and a central angle of 21°17'07" for an arc distance of 7.55
feet to a non -tangent line;
THENCE N 01 ° 12'57" E 12.25 feet to a point on the arc of a non -tangent curve concave to the
Southeast, a radial line of said curve through said point having a bearing of S 89°43'00" W;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of 9.14 feet,
with a chord of N 41 ° 10'53" E 12.10 feet, and a central angle of 82°55'46" for an arc distance of
13.23 feet to a non -tangent line;
THENCE North 0.20 feet;
THENCE S 89016'06" E 29.75 feet;
THENCE N 00040'55" E 5.04 feet;
THENCE S 89020'41" E 16.61 feet;
THENCE S 00047'33" W 5.06 feet;
THENCE S 89016'45" E 58.02 feet to a point on the are of a non -tangent curve concave to the
Southeast, a radial line of said curve through said point having a bearing of N 82°15'42" W;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of 2.41 feet,
with a chord of N 42° 10'29" E 2.73 feet, and a central angle of 68°52'23" for an are distance of
2.90 feet to a non -tangent line;
THENCE N 74034'01" E 27.66 feet to a point on the arc of a non -tangent curve concave to the
South, a radial line of said curve through said point having a bearing of N 13° 11'09" W;
THENCE Easterly along the arc of said curve, to the right, having a radius of 8.36 feet, with a
chord of N 83141'29" E 2.00 feet, and a central angle of 13°45'17" for an are distance of 2.01 feet
to a non -tangent line;
THENCE S 89021'02" E 11.47 feet to a point on the are of a non -tangent curve concave to the
Southwest, a radial line of said curve through said point having a bearing of N 01 °02'31 " E;
THENCE Southeasterly and Southerly along the arc of said curve, to the right, having a radius of
21.80 feet, with a chord of S 42°17'27" E 31.71 feet, and a central angle of 93°20'05" for an are
distance of 35.51 feet to a non -tangent line;
THENCE South 13.53 feet;
THENCE S 00044'57" W 16.06 feet;
THENCE S 00056'45" W 24.23 feet;
THENCE S 23004'50" W 1.91 feet to a point on the are of a non -tangent curve concave to the
North, a radial line of said curve through said point having a bearing of S 4490'53" E;
THENCE Westerly along the arc of said curve, to the right, having a radius of 2.50 feet, with a
chord of S 67°58'37" W 1.92 feet, and a central angle of45'12'15" for an arc distance of 1.97
feet to a non -tangent line;
THENCE N 89051'27" W 16.09 feet;
THENCE S 00043'36" W 44.94 feet;
THENCE S 89024'11" E 16.32 feet to a point on the arc of a non -tangent curve concave to the
Southwest, a radial line of said curve through said point having a bearing of N 03010'00" W;
THENCE Southeasterly and Southerly along the are of said curve, to the right, having a radius of
2.12 feet, with a chord of S 25°07'53" E 3.93 feet, and a central angle of 136004'14" for an arc
distance of 5.03 feet to a point on the arc of a non -tangent curve concave to the Northwest, a
radial line of said curve through said point having a bearing of S 45°30'08" E;
THENCE Southwesterly along the arc of said curve, to the right, having a radius of 33.87 feet,
with a chord of S 64017'03" W 22.93 feet, and a central angle of 39°34'23" for an are distance of
23.39 feet to a non -tangent line;
THENCE S 82049'11" W 11.60 feet;
THENCE S 87008'15" W 1.40 feet to the POINT OF BEGINNING.
Containing 0.5190 acres or 22,608 square feet, more or less.
Basis of bearings: A deed bearing of S 89°40'30" E along the South line of said Southeast quarter
as recorded in Docket 9488 at Page 943, Pima County Recorder's Office.
Prepared by: � LAND
Bruce Small 12122
BRUCE FRANCIS
Expires 06/30/2016 a SMALL o
3040 N. Conestoga Ave.
Tucson AZ 85749-9332
e-mail: bruce.small@cox.net
voice: (520) 444-7186
FAX: (520) 760-8346
February 10, 2016
Description of Balance of Rancho Vistoso Site.
A part of Section 29, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima
County, Arizona, described as follows:
COMMENCING at the marked stone monumenting the Southwest corner of the Southeast
quarter of said Section 29;
THENCE S 89040'30" E along the South line of said Southeast quarter a distance of 453.39 feet
to the Arizona Department of Transportation aluminum cap in concrete monumenting the West
right-of-way line of Oracle Highway (U. S. Highway 89);
THENCE N 00042'22" E along said West right-of-way line a distance of 692.51 feet to an
Arizona Department of Transportation aluminum cap;
THENCE N 00"40'57" E along said West right-of-way line a distance of 143.37 feet: to the
POINT OF BEGINNING on a found 1/2" iron rebar tagged RLS 7599 on the North right-of-way
line of Rancho Vistoso Boulevard as recorded in Docket 7868 at Page 1456;
THENCE N 89019'53" W along said North right-of-way line a distance of 440.07 feet to the East
line of the land described in Docket 13169 at Page 3103;
THENCE N 00038'39" E along said East line, passing through a found nail and disk stamped
RLS 31020 a distance of 147.75 feet to a point of curvature of a tangent curve concave to the
Southwest;
THENCE Northwesterly along said East line, along the arc of said curve, to the left, having a
radius of 26.00 feet, with a chord of N 44° 19'25" W 36.75 feet, and a central angle of 89°56'07"
for an arc distance of 40.81 feet to a found nail and disk stamped RLS 12214 at a point of
tangency on the North line of said land;
THENCE N 89017'28" W along said North line a distance of 272.32 feet to a found nail and disk
stamped RLS 12214 at a point of curvature of a tangent curve concave to the Southeast;
THENCE Southwesterly along said North line, along the arc of said curve, to the left, having a
radius of 26.00 feet, with a chord of S 54°33'31" W 30.68 feet, and a central angle of 72°18'02"
for an arc distance of 32.81 feet to a found nail and disk stamped RLS 12214 at a point of
tangency on the West line of said land;
THENCE S 18024'29" W along said West line passing through a found nail and disk stamped
RLS 12214 a distance of 118.82 feet to the North right-of-way line of Rancho Vistoso
Boulevard, being a point on the arc of a non -tangent curve concave to the North, a radial line of
said curve through said point having a bearing of S 14143'37" W;
THENCE Westerly along said North right-of-way laze, along the are of said curve, to the right,
having a radius of 1,425.00 feet, with a chord of N 74°l8'32" W 47.95 feet, and a central angle
of 01°55'41" for an arc distance of 47.95 feet to a set nail and disk stamped RLS 12122 on the
non -tangent East line of Commercial Parcel A as recorded in Docket 9488 at Page 943;
THENCE N 16040'03" E along said East line a distance of 447.50 feet to a found aluminum cap
stamped RLS 22788;
THENCE N 00041'14" E along said East line a distance of 245.96 feet to a 1/2" iron rebar tagged
RLS 7599 on the North line of Commercial Parcel B as recorded in Docket 9488 at Page 943;
THENCE S 89018'29" E along said North line a distance of 722.48 feet to a set nail and disk
stamped RLS 12122 on the West right-of-way line of Oracle Highway (U. S. Highway 89);
THENCE S 00°40'57" W along said West right-of-way line a distance of 730.94 feet to the
POINT OF BEGINNING.
LESS the following described parcel:
COMMENCING at the marked stone monumenting the Southwest corner of the Southeast
quarter of said Section 29;
THENCE S 89040'30" E along the South line of said Southeast quarter a distance of 453.39 feet
to the Arizona Department of Transportation aluminum cap in concrete monumenting the West
right-of-way line of Oracle Highway (U. S. Highway 89);
THENCE N 00042'22" E along said West right-of-way line a distance of 692.51 feet to an
Arizona Department of Transportation aluminum cap;
THENCE N 00040'57" E along said West right-of-way line a distance of 143.37 feet to the found
1/2" iron rebar tagged RLS 7599 on the North right-of-way line of Rancho Vistoso Boulevard as
recorded in Docket 7868 at Page 1456;
THENCE N 89" 19'53" W along said North right-of-way line a distance of 453.86 feet to a found
1/2" iron rebar with a plastic cap stamped RLS 31020;
THENCE N 30°08'48" W 237.11 feet to the POINT OF BEGINNING;
THENCE N 89003'10" W 124.63 feet to a point on the are of a non -tangent curve concave to the
Northeast, a radial line of said curve through said point having a bearing of S 12°51'52" W;
THENCE Northwesterly along the arc of said curve, to the right, having a radius of 12.98 feet,
with a chord of N 38°38'35" W 16.16 feet, and a central angle of 76°59'04" for an arc distance of
17.44 feet to a non -tangent line;
THENCE N 00044' 19" E 12.41 feet;
THENCE N 89016'04" W 9.03 feet;
THENCE S 00043'25" W 0.49 feet to a point on the are of a non -tangent curve concave to the
North, a radial line of said curve through said point having a bearing of S 89° 15' 10" E;
THENCE Southwesterly and Northwesterly along the are of said curve, to the right, having a
radius of 1.15 feet, with a chord of N 89'15'10" W 2.30 feet, and a central angle of 180'00'00"
for an are distance of 3.61 feet to a non -tangent line;
THENCE N 00043'25" E 0.48 feet;
THENCE N 89016'04" W 9.01 feet;
THENCE South 0.06 feet to a point on the arc of a non -tangent curve concave to the Northwest,
a radial line of said curve through said point having a bearing of S 75°46'50" E;
THENCE Southwesterly along the are of said curve, to the right, having a radius of 33.27 feet,
with a chord of S 25°3634" W 13.14 feet, and a central angle of 22°46'49" for an arc distance of
13.23 feet to a non -tangent line;
THENCE S 42041'02" W 5.07 feet to a point on the are of a non -tangent curve concave to the
Northeast, a radial line of said curve through said point having a bearing of S 47127'28" E;
THENCE Westerly and Northwesterly along the arc of said curve, to the right, having a radius of
3.05 feet, with a chord of N 63° 10'23" W 5.87 feet, and a central angle of 148°34'09" for an arc
distance of 7.91 feet to a non -tangent line;
THENCE N 10058'53" E 42.42 feet to a point on the arc of a non -tangent curve concave to the
South, a radial line of said curve through said point having a bearing of N 79' 10'29" W;
THENCE Northeasterly and Southeasterly along the arc of said curve, to the right, having a
radius of 3.35 feet, with a chord of S 84009'10" E 6.67 feet, and a central angle of 170°02'39" for
an arc distance of 9.94 feet to a non -tangent line;
TIIENCE S 00033'42" W 2.04 feet;
THENCE S 89007'37" E 8.99 feet;
THENCE N 00043'25" E 1.32 feet to a point on the arc of a non -tangent curve concave to the
South, a radial line of said curve through said point having a bearing of N 89° 15' 10" W;
THENCE Northeasterly and Southeasterly along the are of said curve, to the right, having a
radius of 1.15 feet, with a chord of S 89°15'10" E 2.30 feet, and a central angle of 180°00'00" for
an arc distance of 3.61 feet to a non -tangent line;
THENCE S 00043'25" W 1.32 feet;
THENCE S 89007'37" E 9.05 feet;
THENCE N 00044'26" E 34.82 feet;
THENCE N 20030'05" W 15.96 feet to a point on the arc of a non -tangent curve concave to the
East, a radial line of said curve through said point having a bearing of S 70°23'05" W;
THENCE Northerly along the arc of said curve, to the right, having a radius of 20.31 feet, with a
chord of N 08058'21" W 7.50 feet, and a central angle of 21°17'07" for an arc distance of 7.55
feet to a non -tangent line;
THENCE N 01 012'57" E 12.25 feet to a point on the arc of a non -tangent curve concave to the
Southeast, a radial line of said curve through said point having a bearing of S 89°43'00" W;
THENCE Northeasterly along the arc of said curve, to the right, having a radius of 9.14 feet,
with a chord of 41°10'53" E 12.10 feet, and a central angle of 82°55'46" for an arc distance of
13.23 feet to a non -tangent line;
THENCE North 0.20 feet;
THENCE S 89016'06" E 29.75 feet;
THENCE N 00040'55" E 5.04 feet;
THENCE S 89020'41" E 16.61 feet;
THENCE S 00047'33" W 5.06 feet;
THENCE S 89016'45" E 58.02 feet to a point on the are of a non -tangent curve concave to the
Southeast, a radial line of said curve through said point having a bearing of N 82°15'42" W;
THENCE Northeasterly along the are of said curve, to the right, having a radius of 2.41 feet,
with a chord of N 42'10'29" E 2.73 feet, and a central angle of 68°52'23" for an arc distance of
2.90 feet to a non -tangent line;
THENCE N 74034'01" E 27.66 feet to a point on the arc of a non -tangent curve concave to the
South, a radial line of said curve through said point having a bearing of N 1301 P09" W;
THENCE Easterly along the arc of said curve, to the right, having a radius of 8.36 feet, with a
chord of N 83°41'29" E 2.00 feet, and a central angle of 13°45'17" for an arc distance of 2.01 feet
to a non -tangent line;
THENCE S 89021'02" E 11.47 feet to a point on the are of a non -tangent curve concave to the
Southwest, a radial line of said curve through said point having a bearing of N 01 °02'31" E;
THENCE Southeasterly and Southerly along the arc of said curve, to the right, having a radius of
21.80 feet, with a chord of S 42017'27" E 31.71 feet, and a central angle of 93°20'05" for an arc
distance of 35.51 feet to a non -tangent line;
THENCE South 13.53 feet;
THENCE S 0004457" W 16.06 feet;
THENCE S 00056'45" W 24.23 feet;
THENCE S 23004'50" W 1.91 feet to a point on the are of a non -tangent curve concave to the
North, a radial line of said curve through said point having a bearing of S 44°30'53" E;
THENCE Westerly along the arc of said curve, to the right, having a radius of 2.50 feet, with a
chord of S 67°58'37" W 1.92 feet, and a central angle of 45°12'15" for an arc distance of 1.97
feet to a non -tangent line;
THENCE N 89051'27" W 16.09 feet;
THENCE S 00043'36" W 44.94 feet;
THENCE S 89"24'11" E 16.32 feet to a point on the arc of a non -tangent curve concave to the
Southwest, a radial line of said curve through said point having a bearing of N 03°10'00" W;
THENCE Southeasterly and Southerly along the arc of said curve, to the right, having a radius of
2.12 feet, with a chord of S 25°07'53" E 3.93 feet, and a central angle of 136°04'14" for an are
distance of 5.03 feet to a point on the are of a non -tangent curve concave to the Northwest, a
radial line of said curve through said point having a bearing of S 45°30'08" E;
THENCE Southwesterly along the arc of said curve, to the right, having a radius of 33.87 feet,
with a chord of S 64°17'03" W 22.93 feet, and a central angle of 39°34'23" for an arc distance of
23.39 feet to a non -tangent line;
THENCE S 82049'11" W 11.60 feet;
THENCE S 87008'15" W 1.40 feet to the POINT OF BEGINNING.
Containing 10.9538 acres or 477,148 square feet, more or less.
Prepared by:
Bruce Small
Expires 06/30/2016
Bruce Small Surveys,Inc. 3040 N. Conestoga Ave.
Tucson AZ 85749-9332
e-mail: bruce.small@cox.net
voice: (520) 444-7186
February 10, 2016
entire
site
Northing
Easting
0.000
0.000
S
89
40
30
E
453.39
-2.572
+453.383
N
00
42
22
E
692.51
+689.886
+461.917
N
00
40
57
E
143.37
+833.245
+463.625 POB
N
89
19
53
W
440.07
+838.381
+23.585
N
00
38
39
E
147.75
+986.121
+25.246
Radial
N
89
21
21
W
26.00
+986.414
-0.753
Delta
=
089
56
07
Arc
= 40.81
Radial
N
00
42
32
E
26.00
+1,012.412
-0.431
N
89
17
28
W
272.32
+1,015.781
-272.730
Radial
S
00
42
32
W
26.00
+989.783
-273.052
Delta
=
072
18
03
Arc
= 32.81
Radial
N
'71
35
31
W
26.00
+997.993
-297.721
S
18
24
29
W
118.82
+885.253
-335.243
Radial
N
14
43
37
E
1425.00
+2,263.439
+27.011
Delta
=
001
55
41
Arc
= 47.95
Radial
S
16
39
18
W
1425.00
+898.221
-381.406
N
16
40
03
E
447.50
+1,326.920
-253.055
N
00
41
14
E
245.96
+1,572.862
-250.105
S
89
18
29
E
722.48
+1,564.137
+472.322
S
00
40
57
W
730.94
+833.249
+463.615
Closure
= 0.010 feet or
1 part
in 341,352
Area =
11.4728
acres or
499,756
square feet.
Walgreens
Northing
Easting
0.000
0.000
S
89
40
30
E
453.39
-2.572
+453.383
N
00
42
22
E
692.51
+689.886
+461.917
N
00
40
57
E
143.37
+833.245
+463.625
N
89
19
53
W
453.86
d-838.542
+9.796
N
30
08
48
W
237.11
+1,043.581
-109.285 POB
N
89
03
10
W
124.63
+1,045.641
-233.898
Radial
N
12
51
52
E
12.98
+1,058.295
-2.31.008
Delta
076
59
05
Arc
= 17.44
Radial
S
89
50
57
W
12.98
+1,058.261
-243.988
N
00
44
19
E
12.41
+1,070.670
-243.828
N
89
16
04
W
9.03
+1,070.785
-252.857
S
00
43
25
W
0.49
+1,070.296
-252.863
Radial
N
89
15
10
W
1.15
+1,070.311
-254.013
Delta =
180
00
00
Arc
= 3.61
Radial
N
89
15
10
W
1.15
+1,070.326
-255.163
N
00
43
25
E
0.48
+1,070.805
-255.157
N
89
16
04
W
9.01
+1,070.921
-264.166
S
00
00
00
E
0.06
+lr07O.861
-264.166
Radial
N
75
46
50
W
33.27
+1,079.033
-296.417
Delta =
022
46
49
Arc
= 13.23
Radial
S
53
00
01
E
33.27
+1,059.011
-269.846
1
S
42
41
02
W
5.07
+1,055.284
-273.283
Radial
N
47
27
28
W
3.05
+1,057.346
-275.530
Delta
=
148
34
09
Arc
= 7.91
Radial
N
78
53
19
W
3.05
+1,057.934
-278.523
N
10
58
53
E
42.42
+1,099.577
-270.443
Radial
S
79
10
29
E
3.35
+1,098.948
-267.152
Delta
=
170
02
38
Arc
= 9.94
Radial
S
89
07
51
E
3.35
+1,098.897
-263.803
S
00
33
42
W
2.04
+1,096.857
-263.823
S
89
07
37
E
8.99
+1,096.720
-254.834
N
00
43
25
E
1.32
+1,098.040
-254.817
Radial
S
89
15
10
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1.15
+1,098.025
-253.667
Delta
=
180
00
00
Arc
= 3.61
Radial
S
89
15
10
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1.15
+1,098.010
-252.517
S
00
43
25
W
1.32
+1,096.690
-252.534
S
89
07
37
E
9.05
+1,096.552
-243.485
N
00
44
26
E
34.82
+1,131.369
-243.035
N
20
30
05
W
15.96
+1,146.318
-248.625
Radial
N
70
23
05
E
20.31
+1,153.137
-229.493
Delta
=
021
17
07
Arc
= 7.55
Radial
N
88
19
48
W
20.31
+1,153.728
-249.795
N
01
12
57
E
12.25
+1,165.976
-249.535
Radial
N
89
43
00
E
9.14
+1,166.021
-240.395
Delta
= 082
55
46
Arc
= 13.23
Radial
N
07
21
14
W
9.14
+1,175.086
-241.565
N
00
00
00
E
0.20
+1,175.286
-241.565
S
89
16
06
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29.75
+1,174.906
-211.817
N
00
40
55
E
5.04
+1,179.945
-211.757
S
89
20
41
E
16.61
+1,179.755
-195.148
S
00
47
33
W
5.06
+1,174.696
-195.218
S
89
16
45
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58.02
+1,173.966
-137.203
Radial
S
82
15
42
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2.41
+1,173.642
-134.815
Delta
= 068
52
22
Arc
= 2.90
Radial
N
13
23
20
W
2.41
+1,1"15.986
-135.373
N
74
34
01
E
27.66
+1,183.347
-108.710
Radial
S
13
11
09
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8.36
+1,175.207
-106.803
Delta
= 013
45
17
Arc =
2.01
Radial
N
00
34
08
E
8.36
+1,183.567
-106.720
S
89
21
02
E
11.47
+1,183.437
-95.251
Radial
S
01
02
31
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21.80
+1,161.640
-95.647
Delta =
093
20
05
Arc =
35.51
Radial.
S
85
37
24
E
21.90
+1,159.977
-73.911
S
00
00
00
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13.53
+1,146.447
-73.911
S
00
44
57
W
16.06
+lfl30.388
-74.121
S
00
56
45
W
24.23
+1,106.161
-74.521
S
23
04
50
W
1.91
+1,104.404
-75.270
Radial
N
44
30
53
W
2.50
+1,106.187
-77.022
Delta =
045
12
15
Arc =
1.97
Radial
S
00
41
22
W
2.50
+1,103.687
-77.052
N
89
51
27
W
16.09
+1,103.727
-93.142
S
00,43
36
W
44.94
+1,058.791
-93.712
S
89
24
11
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16.32
+lf058.621
-77.393
Radial
S
03
10
00
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2.12
+1,056.504
-77.276
Delta =
136
04
14
Arc =
5.03
Radial
S
47
05
46
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2.12
+1,055.061
-75.723
Radial
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45
30
08
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33.87
+1,078.600
-99.882
Delta =
039
34
23
Arc =
23.39
0
Radial S 05 55 45 E 33.87 +1,045.111-96.383
S 82 49 11 W 11.60 +1,043.661-107.892
S 87 08 15 W 1.40 +1,043.591-109.290
Closure = 0.012 feet or 1 part in 83,152
Area = 0.5190 acres or 22,608 square feet.
Prepared by:
Bruce Small v 12122
BRUCE FRANCIS
Expires 06/30/2016 o SMALL
r0.c_ 0 Z+
U
o�oaP�`EY AR�oti� TOWN OF ORO VALLEY
DEVELOPMENT & INFRASTRUCTURE SERVICES DEPARTMENT
11000 N. LA CANADA DRIVE, ORO VALLEY, AZ. 85737
N PHONE: (520) 229-4800 FAX: (520) 742-1022
www.orovalleyaz.gov/dis
FbUNDED �91p
1.2 GENERAL APPLICATION FORM Office Use Only
[OVCase#: 0V I (e3n0 0 ,9_q
Application Type:
❑ Major General Plan Amendment
❑ Rezoning/PAD Amendment
❑ Planned Area Development
❑ Conditional Use Permit
❑ Zoning Code Amendment
❑ Conceptual Site Plan
❑ Conceptual Public Art
❑ Conceptual Architecture
❑ Final Site Plan
❑ Conceptual Landscape Plan
Subiect Propertv Information:
❑ Final Plat
❑ Pre -Application
❑
DEC
Zoning Verification
3 0 2015
❑ Sign Criteria
❑ Sign -PAD Exemption
ft; ....
❑ Master Sign Program
❑ Communication Facility
— Tier 1 and 2 Minor
❑ Communication Facility
— Major
❑ Revised Development Plan
OOther Minor Land Division
Address: 13023 North Oracle Road Parcel/Tax Code: 223-02-017G
Subdivision / Commercial Center Name: Rancho Vistoso Offices
Book / Page or Sequence Number: Lot Number(s)
Legal Description: PTN W722.64' N656.52' LYG N & Adj Ranch Vistoso Blvd & W & Adj to Tucson Florence Hwy 11.48 AC Sec 29-11-14
Section/Township/Range: Sec 29, T11S, R14E Area of Property: 11.31 acres
Existing Land Use: Shopping Center Complex Proposed Land Use: Shopping Center Complex
Applicant Information:
Applicant *:
* If more than one, attach list
Name: Kevin Hall
Firm:
Cypress Civil Development,
LLC
Address: 2102 North Country
Club Road # 9
City: Tucson
State: AZ zip: 85716
Telephone: 520-561-4983
Fax: 520-798-3341
Email: kmhall@cypresscivil.com
Property Owner(s) if different from Applicant *:
Name: Phil Skillings Firm
Address: 6900 East Camelback Road, Suite 280
Telephone:520-977-6369 Fax
Consultant:
Name:
Address: _
Telephone:
WCCP Rancho Vistoso LLC
City: Scottsdale State: AZ zip: 85251-8043
Email: phil.skillings@naihorizon.com
(Discipline)
Firm:
City: _
Fax. Email:
5
State: Zip:
Project Description/Narrative:
Reconfiguration of existing building demolition to provide vehicular access.
I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner
of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to
perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether
specified herein or not. The approval of this application does not presume to give authority to violate or cancel the
provisions of any other federal, state or local law for which this project may be subject to.
Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions
& Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners
Association or property management to determine applicable requirements.
It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance.
Failure to do so ma
y delay issuance of permits. See attached list of agencies.
Kevin Hall 11/23/2015
Applicant's Signature Print Name Date
Important Note: All submittals received after 4:00 p.m. will be processed the next day
Submittals will be rejected if:
• Not folded using Pima County fold & collated;
• There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer.
• Re -submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of
submittal.
6
1.3 MINOR LAND DIVISION - SUBMITTAL CHECKLIST
All applications for Minor Land Division must include the following materials to be accepted
for processing:
0 Fees
® A completed General Application Form
® Site Plan of Minor Land Division— Size 24" x 36" (signed and sealed by a Registered Land
Surveyor) (5 copies)
El All required items included in the Minor Land Division Content List (Section 2.0) (5 copies)
W Legal descriptions of the new lot lines — Size 8 Y2" X 11" (signed and sealed by a Registered
Land Surveyor) (5 copies)
® Boundary closure calculations (1 copy)
M Lot closure calculations (1 copy)
® Letter from the parcel owners approving the change
❑ Conveyance deeds, with grantors and grantees. This applies weather or not ownership of the
lots remains the same or the same party owns both lots. Deeds can be purchased from the
Pima County Recorder's office, Title companies or Legal offices. (2 copies)
ROUTING NOTES Office Use Only
7
A CO]�
SCO
SHSL
OPS A C�G 1
SLOG 2
-- - - - - - - - - -
IALGREENS
SLOG 4
PAD 8
,I ZDA
BLDG 6 :ABLDG r
- - - - - - - - - - -
...........
. ...
. . ......
F . ANN RODE, I GUE;O,, RECORDER
RECORDED BY: 61
DEFUTY RECORDER
TLATI r�
W J HARRISON ASSC
3561 E SUNSRISE DR #201
TUCSON
AZ 85710
WHEN RECORDED, RETURN TO:
W. J. HARRISON & ASSOCIATES, P.C.
3561 East Sunrise Dr., #201
Tucson, AZ 85718
DOCf ET : 10348
'1 PAGE : 556
NO. OF PAGES: 47
SEQUENCE: 96129C91
o7 /31 /96
REST 1O : 30 : 0O
MAIL.
AMOUNT PAID $ 52 . (?0
4_r
APR 2 7 2016
By.
................. .....
DECLARATION OF
EASEMENTS, COVENANTS AND RESTRICTIONS
FOR RANCHO VISTOSO CENTER
THIS DECLARATION ("Declaration") is made as of July 26, 1996
by OVERLAND VISTOSO LIMITED PARTNERSHIP, an Arizona limited
partnership ("Declarant"), with its principal place of business at
3567 East Sunrise Drive, Suite 219, Tucson, Arizona 85718.
RECITALS•
A. Declarant is the owner of the real property described on
Exhibits "A-1" and "A-211, attached hereto and by this reference
incorporated herein, which property is hereinafter referred to as
the "Shopping Center", and which property is delineated on the Site
Plan, a copy of which is attached hereto as Exhibit "B", and by
this reference incorporated herein.
B. Declarant may sell po)-..-tions of the Shopping Center to
other persons or entities ("Future Owners"), and Declarant and the
successors and assigns who succeed to the rights, powers and
obligations of a party under Section 12, and all Future Owners, are
hereinafter sometimes referred to collectively as "Owners" and
individually as "Owner". Declarant and Owners may also lease or
grant concessions in portions of the Shopping Center and space in
the buildings that are to be constructed thereon to other persons
or entities, and all lessees, sublessees and concessionaires are
hereinafter sometimes referred to collectively as "Occupants" and
individually as "Occupant". The Shopping Center shall. initially be
divided into the Main Parcel (described on the attached Exhibit "A-
1") and Pad A (described on the attached Exhibit "A-211). Anchor A,
Anchor B, Pad B and the in -line shop space are all located within
the Main Parcel, as indicated on the attached Exhibit "B". The
A0348' 556
4ORk ##*I&
portions of the Shopping Center that are owned by Owners are
sometimes hereinafter referred to as "Parcels".
C. Declarant plans to develop the Shopping Center as an
integrated retail sales area for the mutual benefit of all real
property in the Shopping Center and for such purpose does hereby
establish easements, covenants, restrictions, liens and charges
(hereinafter collectively referred to as "Restrictions") as are
hereinafter set forth, subject to which all of the Shopping Center,
and each of the Parcels thereof, shall be improved, held, leased,
exchanged, sold and/or conveyed in order that each Owner and
Occupant and the suppliers, customers, patrons, employees and
invitees thereof (collectively "Users") may freely use the Common
Area (as hereinafter defined) for the parking of automobiles and
other light vehicles and for the ingress and egress of pedestrians
and such automobiles and other vehicles to the commercial areas of
the Shopping Center and for no other purpose unless specifically
permitted in this Declaration. Such Restrictions shall run with
the land and inure to the benefit of and bind the Owners, Occupants
and their respective successors in interest and assigns and each of
the Restrictions is imposed upon each Parcel in the Shopping Center
and upon the Shopping Center as a mutual equitable servitude in
favor of each and every other Parcel in the Shopping Center. Each
of the Restrictions shall create reciprocal rights and obligations
among each of the Owners, Occupants and their successors in
interest and assigns, and any subdivision thereof, in the Shopping
Center; they shall, as to Declarant, Owners and their successors
in interest and assigns, operate as covenants running with the land
for the benefit of the Shopping Center and each and every part and
portion thereof.
NOW, THEREFORE, Declarant does hereby establish the Covenants,
Conditions and Restrictions hereafter set forth and establishes the
grants of easements hereafter described.
1. USES AND RESTRICTIVE COVENANT'S.
1.1 Commercial Purposes. The Shopping Center shall be used
for commercial purposes only. Such purposes shall be limited to
the construction, leasing, operation and maintenance of mercantile,
business, office, storage, professional establishments and related
facilities, including vehicular parking, all as more specifically
described hereinafter.
2
1.0348 557
Av.►
1.2 Prohibited 9peratione. The following activities, uses or
purposes shall be prohibited as set forth below:
(a) Restrictions Requested by Anchor A. No massage
parlor, bookstore primarily selling sexually explicit
materials, business the primary purpose of which is selling
alcohol for on -premises consumption, church, any business
using a loud speaker within the Common Area, reading room,
library, school or facility dedicated primarily to recreation
(such as theaters or video or pinball arcades) shall be
permitted within the Shopping Center. No professional uses
other than medical offices each of less than three thousand
(3,000) square feet, insurance offices, real estate offices
and stock brokers shall be permitted in the Shopping Center
within two hundred fifty (250) feet of the main entrance to
the Anchor A Building. No exercise studios, health spas or
similar businesses shall be permitted in the Shopping Center
within two hundred fifty (250) feet of the front wall of the
Anchor A Building. No drivethroughs or restaurants larger
than three thousand five hundred (3,500) square feet (except
on Pads A and B) shall be permitted in the Shopping Center
within two hundred fifty (250) feet of the front wall of the
Anchor A Building. No restrictions set forth in this
subsection shall apply to the Anchor B Building. The Building
located on Pad A shall not exceed six thousand (6,000) square
feet, the Building located on Pad B shall not exceed eight
thousand (8,000) square feet and neither of such Buildings
shall exceed thirty five (35) feet above ground level nor
contain more than one (1) story. Declarant shall have the
right to eliminate, modify or amend any of the foregoing
restrictions (i) if at any time the lease of the Anchor A
Building to ABCO Realty Corp. is terminated, (ii) if at any
time after opening for business within the Anchor A Building,
such Building is not utilized for a supermarket for a
continuous period of three (3) months or more for any reason
other than strike, labor difficulty, fire or other casualty or
temporary closure of such Anchor A Building due to restoration
or reconstruction, or (iii) at any time by written agreement
between Declarant and ABCO Realty Corp. or its successors or
assigns.
(b) Restrictions Requested by Anchor B. No portion of
the Shopping Center other than the Anchor B Building will be
used for the operation of a drug store or a so-called
prescription pharmacy or for any other purpose requiring a
3
1034,8 558
w
qualified pharmacist or other person authorized by law to
dispense medicinal drugs, directly or indirectly, for a fee or
remuneration of any kind. No other portion of the Shopping
Center other than the Anchor B Building will be used for the
sale of so-called health and/or beauty aids and/or drug
sundries, or for the operation of a business in which
alcoholic beverages shall be sold for consumption off the
premises, or for the operation of a business in which photo
finishing services are offered for sale, or the operation of
a business in which greeting cards are offered for sale. The
exclusive rights as set forth above in this subsection
("Exclusive Rights") shall not apply to (or restrict) the
operation of a supermarket in the Anchor A Building. No
portion of the Shopping Center shall be used for a business
the primary purpose of which is selling alcohol for on -
premises consumption, disco, bowling alley, pool hall,
billiard parlor, skating rink, roller rink, amusement arcade,
children's play or party facility, adult book store, adult
theater, adult amusement facility, or any facility selling or
displaying pornographic materials, second hand store, odd lot,
close-out liquidation store, auction house, flea market,
office (except incidental to a retail business) and further
excepting from this restriction any medical, insurance, real
estate or stock brokerage offices each of less than three
thousand (3,000) square feet where such offices are located no
closer than one hundred (100) feet from the main entrance of
the Anchor B Building. No portion of the Shopping Center
shall be used for an educational or training facility,
restaurant (except that restaurants are permitted on Pads A
and B, and further excepting from this restriction any
restaurants of less than three thousand five hundred (3,500)
square feet if the entrances to such restaurants are not
located within one hundred (100) feet of the Anchor B
Building) or any use which creates a nuisance. Any Buildings
on Pad A and/or Pad B shall be located within the Building
envelope lines for such Pads indicated on the attached Exhibit
"B". The Building located on Pad A shall not exceed six
thousand (6,000) square feet, the Building located on Pad B
shall not exceed eight thousand (8,000) square feet and
neither of such Buildings shall contain more than one (1)
story. If at any time the Occupant of the Anchor B Building
shall discontinue any of the Exclusive Rights for a period in
excess of one hundred eighty (180) consecutive days (so long
as such discontinuance is not due to remodeling, fire,
casualty, repairs, strike, temporary loss of licenses, or
10348 559-
4
r
/,► "144y
J
other causes beyond such Occupant's control), then the above
restriction pertaining to such Exclusive Rights so
discontinued shall be forever waived; provided, however, in no
event shall the discontinuance by Occupant of the Anchor B
Building of any one Exclusive Right for such one hundred
eighty (180) day period affect the continuance of the other
restrictions set forth in this subparagraph (b). Declarant
shall have the right to eliminate, modify or amend any of the
foregoing restrictions in this subparagraph (i) if at any time
the Lease of the Anchor B Building to Walgreen Arizona Drug
Co. is terminated, or (ii) at any time by written agreement
between Declarant and Walgreen Arizona Drug Co. or its
successors or assigns.
1.3 Building Areas. For the purpose of this Agreement, the
Shopping Center is divided into two (2) categories which relate to
use, and are referred to herein as "Building Area" and "Common
Area". "Building Area" shall mean that area of land upon which a
Building, as hereafter defined, is constructed. The actual
physical floor space of an improvement or structure that is
constructed is referred to herein as "Building" or "Buildings".
1.4 Pads. Until construction of Buildings or paved parking
thereon, Pads A and B shall be covered with a uniform layer of
decomposed granite in a color that is harmonious with the
landscaping of developed portions of the Shopping Center and
thereafter maintained in such condition by the Owner thereof. The
size of such Pads may be reduced or eliminated by Declarant prior
to the sale or development thereof.
1.5 Development. The Shopping Center may be developed in
phases.
1.6 Common Area. "Common Area" includes all of the areas
within the Shopping Center that have been constructed for use in
common and for the benefit of the Owner, Occupants and Users of
every part thereof such as entryways, driveways, parking areas,
walkways, etc.. Common Area generally includes all areas within
the Shopping Center from to time that are outside exterior walls of
all Buildings. In the event of any question or dispute regarding "
what is or what is not Common Area, then the determination of
Declarant in that regard shall be controlling.
1.7 Building Area Limitations. Buildings and structures
shall only be placed or constructed as approved by Declarant.
10348 56'0
5
Declarant may impose additional Restrictions on the area, height or
other features of the Buildings to be constructed on Pads A or B at
the time of the sale by Declarant of Pads A or B by recordation of
a restriction in that regard.
1.8 Certain Utilities. All utilities servicing each Building
shall be separately metered and all costs in connection therewith
shall be borne by the respective Owner thereof at no cost or
expense to the other Owners. Utilities servicing the Common Area
portion shall be metered to Declarant, and all costs in connection
therewith shall be apportioned to the Owners in accordance with the
ratio that the square footage of that Owner's Building bears to the
square footage of all Buildings constructed within the Shopping
Center.
1.9 Remodeling and Replacement. Buildings and improvements
located in any Building Area may be remodeled or replaced, only
upon compliance with the provisions of this Declaration.
1.10 Nuisances. No Owner shall use or permit the use of its
Parcel, or any portion of the Shopping Center, whether by a User or
otherwise (i) for the conduct of any offensive, noisy or dangerous
trade, business, manufacturing activity or occupation, including,
without limiting the generality of the foregoing, burning of trash,
refuse or waste materials, (ii) for the maintenance of any nuisance
or the conduct of any activity which violates public policy, (iii)
for any activity which physically interferes with the business of
any other Occupant of the Shopping Center, (iv) in violation of any
law, ordinance, rules or regulation of any governmental authority
having jurisdiction over the Shopping Center or any portion
thereof, (v) for any sidewalk sales, sales outside the exterior
walls of any building, display of merchandise in the Common Area or
any similar use except in areas specifically approved for such
purpose by Declarant in writing (which approvals may be withheld
for any reason) or for any other unreasonable use not compatible
with the operation of a first-class retail and commercial shopping
center, including, without limitation, Occupant advertising media
which can be heard or experienced from the exterior of any Building
or other improvement from which it emanates, such as search lights,
loud speakers, phonographs, radios or televisions, excluding
speaker box and drive through order boards, (vi) for any purpose
which materially increases the rate of insurance for any other
Parcel or Owner or Occupant, or (vii) for any other use or activity
prohibited or restricted within this Declaration and any amendments
0
103-48 56[
thereto. A nuisance shall include, without limitation, any of the
following conditions:
(a) Any emission of dust, sweepings, dirt, or cinders
into the atmosphere, or discharges of liquid, solid waste,
grease or other harmful matter onto, or under, the land or
into any stream, river or other body of water if such emission
or discharge may adversely affect the health, safety or
comfort of persons in the vicinity, or the discharge of wastes
or any substance or material of any kind into any publicly
maintained sewer serving the Parcel, or any part thereof, in
violation of any law, rule or regulation of any public body
having jurisdiction thereof;
(b) The discharge into the air, onto, or under the land
or into any stream, river or other body of water, or into any
of the utilities or sewers, or the improper storage of any
gas, substance or material which is determined to be a toxic
or hazardous material or substance under any Federal, State or
local statute, regulation, ordinance or other governmentally
ratified report or study;
(c) Without limiting the foregoing, the escape or
discharge of fumes, odors, gases, vapors, acids or other
substances into the atmosphere if such escape or discharge may
be detrimental to the health, safety or welfare of persons,
may interfere with the comfort of persons within the vicinity,
or may be harmful to the improvements on the shopping Center
or vegetation thereon;
(d) The perception, at any point outside the boundaries
of any building, on any parcel, of any noise, vibration or
light from any activity, machines, device or combination
thereof, located within such building, that unreasonably
interferes with the use or enjoyment of any Parcel, or any
mechanical equipment or vents wherever located not visually
screened from sight; and,
(e) The accumulation or storage of shopping carts upon
the Common Area except in areas designated for cart collection
by Manager.
7
1-0340 * 562
2. CONSTRUCTION AND INSTALLATION.
2.1 Construction Work Generglly. All construction,
alteration, or repair work undertaken by any Owner upon any part of
the Shopping Center pursuant to any easement granted herein, or
permitted by any other provision of this Declaration, shall be
accomplished in the most expeditious, diligent and speedy manner
possible, and with minimum interference with Users, and with
minimum interference to the operation of the Shopping Center. In
connection with any construction, maintenance and repair being
performed by any Owner or its Occupant, each shall at all times
take any and all safety measures reasonably required to protect
other Owners and Occupants, their respective employees,*customers
and invitees, from injury or damage caused by or resulting from
such construction, maintenance and repair. The Owner undertaking
such work shall repair at its own cost and expense any and all
damage caused by such work and shall restore the affected portion
of the Shopping Center upon which such work is performed to a
condition equal to or better than the condition existing prior to
beginning such work. In addition, the Owner undertaking such work
shall indemnify, hold harmless and defend Declarant and all other
Owners from and against all claims, demands, suits, costs, expenses
and liabilities (including reasonable attorneys' fees and costs)
arising from or in connection with any and all mechanics'
materialmen's and/or laborers' liens arising from labor performed
and/or materials supplied in connection with the construction and
repair activities of the indemnifying Owner or its tenant pursuant
hereto.
2.2 Utility Connections. Any work performed by an Owner to
connect to, repair, relocate, maintain or install any storm drain,
utility line, sewer, water line, gas line, telephone conduits or
any other public or private utility service shall be performed so
as to minimize interference with the provision of such services to
any other Owner and the least disruption to the Common Area. No
Owner shall interfere with any such public or private utilities and
services if such interference would disrupt the orderly development
and operation of the businesses conducted by any other Owner or
User on any other Parcels, unless in notice provided to Declarant
and to all Owners to be affected, the nature and duration of any
such interference is described, Declarant expressly approves the
performance of the work and such work be carried on at such times
as would minimize or prevent the disruption of the orderly
development and operation of any business conducted on the other
Owner's Parcel. The Owner performing such work shall bear the cost
8
10348 563-
_.
_r
of any overtime or other additional expense necessitated by such
request. All work of installation, alteration, replacement or
repair of utility installations which requires interference with
the paving in the Common Area shall be undertaken with particular
care so as to minimize the impact upon traffic circulation within
the Common Area and access of all Users to the various business
establishments in the Shopping Center.
2.3 Plans and Law. All construction work undertaken by any
Owner pursuant to this Agreement shall comply with the requirements
of all applicable governmental authorities, any existing covenants,
conditions and restrictions encumbering the Shopping Center and the
requirements of the Vistoso Community Association.
2.4 Emergency Work. Notwithstanding any other notice
provision contained in this Section 2, in the event of emergency
conditions, an Owner may undertake the necessary construction work
to remedy the emergency condition, provided that the Owner
undertaking such work does so in good faith, such work is
reasonable under the circumstances and the Owner gives notice
thereof to Declarant upon the occurrence of the emergency condition
or as soon thereafter as possible, but in no event later that
twenty-four (24) hours after the occurrence, and otherwise conforms
to the applicable provisions of Section 2. In the event the Owner
fails to give Declarant notice within a reasonable time, then the
Owner shall bear costs of the work. In the event said emergency
condition includes any portion of the Common Area, an Owner must
give written notice to Declarant, as defined herein, before
undertaking such emergency work. In the event an Owner undertaking
the necessary work to remedy the Common Area emergency condition
fails to give written notice to Declarant no later than three (3)
days after the occurrence then such Owner shall bear all costs of
the work. In any event, any work by an Owner •to remedy an
emergency in the Common Area shall be the minimum reasonable to
remedy the emergency condition.
2.5 Fencing Off Construction. After initial development of
the Shopping Center, all development, construction, repair
alteration or remodeling work performed by an Owner on any Parcel
shall be fenced at all times if necessary in order to ensure the
safety of customers and other invitees.
2.6 Utility Easements. All Utility easements and
installations and other like easements shall be underground only.
The Owners shall cooperate with one another and permit installation
0
10348 •564
of any necessary utility and service lines, sanitary or storm water
drainage sewers, water lines, telephone.conduits or lines, and all
other public utilities jointly and mutually to serve the Parcels
and Building Areas. Any such utilities shall not be located under
any Building Area, shall be constructed as promptly as is
reasonably possible so as not to interfere unduly with the overall
development and operation of each Parcel by the Owners and shall
otherwise conform to the applicable requirements of this
Declaration. All such utilities for the respective uses of the
Building Areas on each Parcel shall be separately metered or
separately assessed.
2.7 Maintenance of Utility Facilities. All separate utility
facilities installed by any Owner pursuant to the easements granted
under this Declaration designed to serve exclusively the Building
Area on such Owner's Parcel shall be installed, maintained repaired
and removed by such Owner without cost or expense to any other
Owners; provided, however, that if any other Owner connects into or
utilizes such separate utility facilities pursuant to any easement
granted under this Declaration, then each Owner connecting into or
utilizing such separate utility facilities shall be responsible for
installation, maintenance, repair and removal of utility facilities
in connection with its utilization of such separate utility
facilities. All other installation, maintenance, repair and
removal of utility facilities shall be undertaken by the Owner or
Manager maintaining the Common Area pursuant to Section 4.
2.8 Architectural Design Review.
(a) Committee StrugtUrg. An Architectural Design Review
Committee (the "Committee") is hereby established which shall
consist solely of Declarant or its appointees. Committee
members shall not receive any compensation for their services;
however, each Committee member shall be reimbursed by an Owner
submitting its Architectural Documents for approval for
reasonable expenses and costs incurred by the Committee member
in carrying out its duties.
(b) Function of the Committee. The Committee shall have
the authority and responsibility to approve and regulate the
design and construction of all Buildings, Common Area
improvements and utility facilities within the Shopping Center
so as to assure compliance with the intent and purpose of this
Declaration. All Buildings, Common Area improvements and
utility facilities shall be designed and constructed strictly
10
10348 - - - 565
in accordance with the Architectural Documents as approved by
the Committee, the Vistoso Community Association (if required
by recorded covenants and restrictions) and the Town of Oro
Valley (the "City") in accordance with the standards and
procedures hereinafter as set forth. Approval of all
Architectural Documents by the Committee shall be based, among
other things, on substantial conformance to the Site Plan,
structural design to the extent it bears on exterior
architectural style, conformity and harmony of the exterior
design with the architectural style established for the
Shopping Center, the relation of finished grades and
elevations to those for adjacent Parcels, conformity to both
the specific and general intent of this Declaration, other
deed restrictions affecting the Shopping Center and any then
known and relevant City guidelines. In the event the
Committee does not unanimously concur in an approval, the
concurrence of two-thirds (2/3) of the Committee members shall
be sufficient to render approval. Failure to obtain such two-
thirds concurrence shall constitute disapproval..
(c) Submission of Architectural Documents. The plans,
specifications, schedules and renderings described below (the
"Architectural Documents") shall be submitted for approval in
duplicate to each Committee member, shall be prepared by a
licensed architect or engineer, as applicable, and shall
conform to good and standard architectural or engineering
practice:
(i) A statement regarding the proposed use of the
Buildings and/or Common Area improvements.
(ii) A timetable for the commencement and completion
of construction of the proposed Building -and/or Common
Area improvements (including projected dates for
approvals from applicable governmental authorities).
(iii) A grading plan showing existing contour
grades (in one -foot contour intervals), finished spot
grades, building finished floor elevations and the
location of all proposed and existing Buildings and/or
Common Area improvements. Existing and finished grades
shall be shown at Parcel corners and at corners of
proposed Building and/or Common Area improvements.
Parcel drainage retention area
well as cut and fill details if
11
s shall be indicated as
any changes are to occur
10348. 56.6
in the finished Parcel contour at any exterior boundary
of the Parcel. All grading and drainage retention shall
fully comply with applicable City and other governmental
ordinances and regulations as may be in effect from time
to time.
(iv) A site plan showing the location of all
existing and proposed Buildings and Common Area
improvements, including, without limitation, all parking
areas with number and size of parking spaces, trash
receptacle locations, required fire lanes, site ingress
and egress, all delivery or pick-up doors, personnel
doors, entry doors, exterior glass or windows and any
other openings in the Buildings.
(v) Floor plan.
(vi) Building elevations.
(vii) Colored rendering of the proposed Building(s).
(vii) Schedule of exterior building materials and
colors to be used.
(viii) Landscaping plan.
(x) Composite utility site plan.
(xi) Signage plan.
(xii) A statement as to any variances to be
requested from the City, and the basis therefor.
(d) Committee Approval.
(i) The Committee shall have thirty (30) days from
its receipt of the Architectural Documents in which
either to deliver its approval of the Architectural
Documents with stipulations, if any, or to deliver its
written disapproval of or objection to those matters
pertaining to elevations, landscaping, exterior design,
style, materials and color, conformance of the Owner's
site plan to the Site Plan, conformance of the
Architectural Documents plans to this Declaration,
grading and drainage coordination with the rest of the
12
10348--. 567
Shopping Center, conformance of signage to sign criteria
established by the Committee, and ingress and egress
(traffic flow). Failure of the Committee to approve or
disapprove submitted Architectural Documents within
thirty (30 days after the receipt thereof shall
constitute disapproval thereof, subject to the terms and
conditions of this Declaration.
(ii) When the Committee grants it approval of
submitted Architectural Documents, the date of approval,
the word "Approved" and the signatures of the approving
Committee members shall be affixed to each approved
Architectural Document. If the Committee imposes any
stipulations to its approval, the Committee shall also
inscribe the stipulations on the' Architectural
Document(s) to which they apply.
(iii) In the event the Committee, acting in
accordance with this Section 2.8(d)(iii), disapproves of
or objects to any matter in a submitted Architectural
Document, the Committee shall promptly notify the Owner
submitting the Document and such Owner shall make such
changes as are reasonably required to satisfy the
Committee's objections and resubmit the affected
Architectural Document. Upon receipt of the revised
Architectural Documents, the Committee shall have
twenty(20) days in which to render its approval or
disapproval thereof. Approvals shall be rendered in the
form set forth in Section 2.8(d)(ii).
(iv) Any decision of the Committee shall be final,
conclusive and binding upon all Owners unless subsequent
approvals are required pursuant to Section 2.8(e).
(e) Changes and Modifications. If an Owner, either on
its own initiative or in response to City requirements, amends
an Architectural Document previously approved by the
Committee, or if a requested variance is denied by the City,
which denial results in a change to one or more Architectural
Document (s), the amended Architectural Documents) shall be
submitted in duplicate to each member of the Committee to
obtain the Committee's approval or disapproval of the
amendments.
13
10348 56-8.
/'W ,ram.
(f) Limitation of Liability. Neither the Committee nor
any of its members shall be liable in damages or otherwise to
anyone submitting Architectural Documents for approval or to
any Owner affected by this Declaration by reason of mistake of
judgment, negligence, nonfeasance or for any other acts or
omissions of any nature whatsoever (except for willful or
intentional misconduct or fraud) arising out of or in
connection with the approval or disapproval or failure to
approve or to disapprove any Architectural Documents.
Further, the design and construction of any Building and/or
Common Area improvement shall be the sole responsibility of
the Owner and any recommendation with respect to any
Architectural Documents or the means or method of construction
made by the Committee or any member thereof shall not alter
the Owner's responsibility for the safe and proper design and
construction of said Building and/or Common Area improvement;
nor shall it give rise to any claim by anyone against the
Committee or any member thereof for any defect in design or
construction of any Building and/or Common Area improvement.
(g) Enforcement by Committee. No Building (including
signs) and/or Common Area improvement shall be constructed,
erected, placed, altered by addition or deletion), maintained
or permitted to remain on any Parcel except in accordance with
Architectural Documents approved by the Committee and the
other provisions of this Declaration. Any Building or Common
Area improvement not designed and constructed in accordance
with approved Architectural Documents shall be conclusively
deemed in violation of this Declaration and shall be promptly
removed or corrected by the Owner to the reasonable
satisfaction of the Committee. In addition to any other
remedy provided for in this Declaration, Declarant and/or the
Committee may bring suit to enjoin the commencement or
continuance of construction of any Building and/or Common Area
improvement for which the Committee has not approved
Architectural Documents or which are not being constructed in
accordance with Architectural Documents previously approved
by the Committee and the other provision of this Declaration.
(h) Waivers and Variances. It is the intent of this
Declaration that all Owners strictly adhere to the provisions
of this Article 2. Notwithstanding that intent, it is
recognized that particular circumstances may from time to time
and on a case -by -case basis necessitate the waiving or varying
of certain of the requirements set forth in this Article 2.
14
10348 569.
Therefore, for good cause shown, the Committee may in its
reasonable discretion, on a case -by -case basis, waive or vary
one or more of the requirements and standards of this Article
2 so long as such waiver or variance does no violate the
overall intent of this Article 2. Any waiver or variance,
when granted, shall be final and binding upon all Owners. The
granting of a waiver or variance to an Owner shall not entitle
another Owner to the waiver or variance, it being understood
that each request for a waiver or variance shall be treated on
its own merits. Also, the granting of a waiver or variance to
an Owner shall not automatically entitle that Owner to any
subsequent or additional waiver or variance. All waivers and
variances by the Committee shall be in writing and.made by a
majority of the members of the Committee and, if requested by
the applicant, shall be in recordable form. Any waiver or
variance in any form other than as set forth in the
immediately preceding sentence shall not be binding on the
Committee.
3. EASEMENTS.
3.1 Use of Common Area. The Common Area shall be used only
for the following purposes related to the businesses and activities
conducted in the Shopping Center and Declarant hereby grants non-
exclusive easements for use of each Parcel, as follows:
(a) The parking of passenger vehicles and the pedestrian
and vehicular traffic of Owners, Occupants and Users (but only
during such period of possession and occupancy).
(b) Ingress and egress by Owners, Occupants and Users,
and the vehicles thereof, to any and from any portion of the
Common Area and the public streets adjacent to the Common
Area.
(c) The installation, maintenance and operation within
the confines of the Common Area of public or private utilities
services and appurtenances necessary for servicing the
Building Areas and Common Area, all of which shall be below
the surface of the finished paving or above ground
improvements, unless Declarant approves otherwise. Any of the
foregoing permitted installations which are located above the
surface, with Declarant approval, shall be screened from
visibility and shall be located so that there shall be an
unimpeded access for vehicles and trucks to an from the
15
10348. 57.0
rovw� ./4%�
loading areas of the Building Area and to and from the public
streets to the loading ares of the Building Area.
(d) The construction, maintenance, repair, replacement,
rearrangement and construction of parking sites or stalls,
sidewalks, ramps, driveways, lanes, curbs, gutters, traffic
control areas, signals, traffic islands, traffic and parking,
lighting facilities, planters, planting boxes, edgers,
sprinklers, valves and landscape shrubbery.
(e) The ingress, egress, and temporary parking of
delivery and service trucks and vehicles to and from the
Building Area or any portion thereof and the public streets
adjacent to the Shopping Center, for the delivery of goods,
wares, merchandise, furniture, fixtures, supplies and
equipment, and the rendition of services to any User; however,
there shall be no parking for deliveries in the front of any
Buildings constructed within the Main Parcel.
(f) The installation, repair, replacement and
maintenance of (i) building foundations; (ii) building
canopies and canopy support columns; and (iii) pilasters or
other building columns or pillars from any Building Area,
over, onto and in the pedestrian sidewalks, the Common Area
and Building Area.
(g) The temporary use (including erection of ladders,
scaffolding and store front barricades) during periods of
construction, remodeling or repair and ingress or egress by
vehicles transporting construction materials and equipment and
use thereof by construction equipment, provided, however, that
all construction, remodeling or repair of Buildings and
building appurtenances is diligently performed and such
ladders, scaffolding and barricades are promptly removed upon
completion of such work.
Declarant reserves and creates upon and across the rear loop road
located along the north and west boundaries of the Shopping Center,
and that portion of the Shopping Center property located outside of
the rear loop road along the north and west boundaries of the
Shopping Center (i) a non-exclusive perpetual easement for the
ingress and egress of pedestrians and motor vehicles, permitting
same ingress and egress to Oracle Road and Rancho Vistoso
Boulevard, and (ii) non-exclusive perpetual easements for the
installation, maintenance and operation of public or private
16
10348 57.1
A001k A-%L
utility services or appurtenances (including storm drains, utility
lines, sewers and similar facilities), all of which shall be below
the surface of the finished paving or other above ground
improvements, unless Declarant establishes otherwise. Such
easements shall be perpetual and for the use and benefit of the
real properties located adjacent to the Shopping Center on the
north and west sides thereof which are described on the attached
Exhibits "C-1" and "C-211. Declarant may further fix the exact
location of such easements by appropriate recorded instrument(s)
making reference to this Declaration, and upon the recordation of
such instrument(s), such easements shall be deemed fixed at the
locations so specified; provided, however, that in all events the
date and title priority of all such easements shall for all
purposes be deemed to be the date of execution of this Declaration.
3.2 Description of Easements. Declarant does hereby
establish easements appurtenant to each of the Parcels within the
Shopping Center for the purposes and with the restrictions stated
in this Section 3 over, across, upon, in, under, and through the
Common Area of the Shopping Center, which easements shall run for
the period of the duration of the effectiveness of this
Declaration, and which in each instance shall be nonexclusive and
for the use and benefit of each Owner of any Parcel of the Shopping
Center, their successors in interest or assigns.
3.3 Utility Easements.
(a) Each Owner shall have the right and easement, at its
expense, to connect to and continually use, for the benefit of
its Parcel, any and all storm drains, utility lines, sewers,
and other services which have previously been installed in,
to, under, upon and over Common Area of the other Owners.
(b) No Owner or Occupant shall interfere with such storm
drains, utility lines, sewers and other services on their
respective Parcels if such interference would disrupt the
orderly development and operation of the business to be
conducted on any other Parcel, except for the relocation
thereof and the necessary maintenance and repair thereof after
reasonable notice of the nature and extent of such relocation,
maintenance and repair given to the Owner of the affected
Parcel. In the event such notice is given, the other affected
Owners shall have the option to require that such relocation,
maintenance and repair be carried on at such times as would
minimize the disruption of the orderly development and
17
10.348 5-7. 2
Joe&
operation of the other Owner's Common Area or Building Area,
in which event such other Owner shall bear the cost of any
overtime pay or other additional expense necessitated by such
request.
(c) In the event it is necessary for any Owner to cause
the installation of a storm drain, utility line or sewer line
across the Common Area located on the Parcel of another Owner
subsequent to the initial paving and improving of such Common
Area, the other Owner shall not unreasonably withhold the
granting of an additional easement or easements for such
purpose; provided, however, that such easement or easements
shall not unreasonably interfere with normal operation of the
business of such other Owner, and the Owner benefitted thereby
shall bear all costs related to the creation of such easement.
Any such work of installation shall be conducted at such times
and in such manner as to minimize the interference with normal
operations of the business of such other Owner, and any
additional expense caused to minimize interference shall be
borne by the Owner benefitting from such installation,
including the payment of any necessary overtime labor costs.
In the event the granting Owner and the Owner to be benefitted
thereby cannot agree to the location of said installation
and/or easement, location will be determined by Declarant.
3.4 No Walls, Fences or Barriers. No walls, fences or other
barriers shall be constructed or erected in the Shopping Center
which would prevent or impair the use or exercise of the foregoing
easements or the free access of pedestrians and vehicular traffic
between the Parcels; provided, however, that subject to the
approval of the Architectural Design Review Committee curb stops,
or such other reasonable traffic controls as may be necessary to
guide and control the orderly flow of traffic, may be installed so
long as the access driveways are not closed or blocked. Declarant
specifically reserve the right to close, temporarily, all or any
portion of the Common Area as may be deemed legally necessary and
sufficient to prevent a dedication thereof or an accrual of any
rights in any person other than as aforesaid or in the pubic
generally therein.
3.5 Rules and Recrulations. Manager shall from time to time
establish (i) reasonable, uniform, and nondiscriminatory employee
parking regulations, and regulations pertaining to the use of the
Common Area by Occupants and/or Users and (ii) reasonable, uniform,
non-discriminatory regulations with respect to delivery, service
1 E3
10348 .573
and Shopping Center use -related vehicles, times of delivery and
places of delivery. Such regulations shall apply to the entire
Shopping Center in order to insure that the maximum number of
convenient parking spaces in the Common Area are available for use
by Users who are customers of the Shopping Center. All employees
of Occupants shall be directed to park on the Parcel whereon the
business of the Occupant is located.
3.6 Parking Area Levies. No Owner shall impose or attempt to
impose any charge or service fee, or exact any other consideration,
in exchange for the right of a User to enter or depart from or park
a motor vehicle in the Common Area.
3.7 Signs.
(a) No monument signs shall be located on the Common
Area except in the areas designated for the location of such
signs on the Site Plan as described on Exhibit "B" subject to
approval by the Town of Oro Valley, the Vistoso Community
Association and Declarant. The monument signs shall be
erected within the Common Area at the locations shown on the
Site Plan or as determined by Declarant.
(b) The location, plans and specifications for the
monument signs shall require the written approval of
Declarant. The Shopping Center identification including
monument signs shall be treated as Common Area expense (as
delineated in Section 4.2). Any subsequent modification or
change in signage shall be paid in full by the party
requesting the same. Said monument signs shall be maintained
by Manager and all maintenance costs of the monument signs
shall be a Common Area cost.
(c) No sign, symbol, advertisement or billboard shall be
constructed, used, maintained, erected, painted, posted,
pasted, displayed or permitted on or about the Common Area or
any exterior portion of any Building or structure in the
Shopping Center (or within any Building, if visible from the
exterior of such Building) unless the same:
(i) complies with the laws, rules, regulations,
orders and ordinances of all governmental authorities
having jurisdiction;
19
1.0348 57.4
(ii) with respect to Building signs, identifies the
name, business, or logo of such facility;
(iii) is harmonious with the general exterior of the
architectural treatment of the buildings in the Shopping
Center;
(iv) is of a type, size and design commonly found in
first-class neighborhood shopping centers in the locality
in which the Shopping Center is situated.
(v) is in accordance with the then existing sign
criteria for the Shopping Center adopted by Declarant and
has been approved in all respects by the Committee.
3.8 Shopping Center Name. The name of the Shopping Center
shall be RANCHO VISTOSO CENTER. Any name change shall be made only
with approval of Declarant.
3.9 Shopping Carts. The Occupant of any Building constructed
in the Shopping Center using shopping carts shall be responsible
for periodically collecting and removing its shopping carts from
the Common Area of the Shopping Center during the course of each
business day so the same do not accumulate upon the Common Areas
other than in cart corrals designated by Manager.
4. COMMON AREA AND BUILDING MAINTENANCE.
4.1 Common Area Maintenance and Operation. Manager shall
cause to be operated and maintained the Common Area, including, but
not limited to, parking areas, driveways, sidewalks, drinking
fountains, owned and leased maintenance equipment, landscaping,
drainage, public utilities and lighting facilities. 'Manager shall
not, however, be obligated to maintain or cause to be maintained
any canopies or drive through facilities which project or extend
into the Common Area and are permitted by the Committee. In order
that Manager be able to carry out such obligations, Manager is
hereby granted an easement to enter into any and all portions of
the Common Area for the purpose of operating and maintaining said
Common Area and operating and maintaining the Shopping Center
monument or other signs, if any, which may be located within the
Common Area of the Shopping Center as hereinafter provided.
Manager's obligation to operate and maintain the Common Area shall
include, but not be limited to, the following:
20
10348 575
•
(a) Paved Areas. Maintaining all paved surfaces and
curbs of the Common Area in a smooth and evenly covered
condition, which maintenance work shall include, without
limitation, cleaning, sweeping, restriping, repa_� inta�nc�,
repairing and resurfacing of the Common Area.and curbs, using
surEaE—ift4 material of a quality equal or superior to the
original surfacing material.
(b) Debris and Refuse. Removal of all papers, debris,
filth, refuse and sweeping the Common Area to the extent
necessary to keep the Common Areas in a clean and orderly
condition; provided, however, that each Owner shall install,
operate and properly maintain, or cause to be so installed,
operated and maintained, on its Parcel, without cost or
expense to the other Owners and so as not to be visible to the
general public shopping at the Shopping Center, sufficient
trash compactors, bailers and enclosed trash bins, for use in
connection with storage of all trash, refuse and waste
materials of the Owner and Occupants of such Parcel and each
Owner shall take, or cause to be taken, all necessary measures
to keep the Parcels free from all debris and rubbish caused by
or emanating from such facilities, and no amount of the cost
therefor shall be included in Common Area maintenance costs
unless otherwise determined by Manager. The Owner of any Pad
upon which a restaurant is located shall take particular care
to keep such Pad free at all times and at such Owner's expense
from all debris and rubbish emanating from or caused by such
restaurant use.
(c) Signals and Markers. Placing, keeping in repair,
replacing and repainting any appropriate directional signs,
markers and lines, including, without limitation, signs and
marks for handicapped persons.
(d) Parking Area Lighting. Operating, keeping in repair
and replacing when necessary such Common Area lighting
facilities as may be reasonably required, including all
lighting necessary or appropriate for Common Area security and
exterior lights attached to Buildings which are intended to
illuminate the Common Area. Lighting for the Common Area
(other than lighting necessary for Shopping Center security)
shall remain on during ordinary hours of business, which is
agreed to mean that period during which a majority of the
business in the Shopping Center are open for business, unless
otherwise restricted by any applicable law, rule, statute or
10348 5-7-6
21
~ 00"k
ordinance then in effect, in which event the standard
prescribed by such restrictions shall be adhered to while in
effect. If artificial lighting for a time later than the
foregoing is needed by any Occupant hereto then any additional
charge attributable to such lighting shall be paid by the
Owner or Occupant who requests lighting for a time later than
the foregoing.
(e) Landscaped Areas. Cleaning and maintaining all
landscaped areas, including landscaping and planters adjacent
to exterior walls of buildings, repairing automatic sprinkler
systems or water lines in the Common Area, weeding, pruning,
fertilizing or making replacement of shrubs and other
landscaping as necessary; provided, however, that if any Owner
requires or installs "special" landscaping other than that
normal and consistent with the landscaping requirements of the
remainder of the Shopping Center and not approved by
Declarant, the maintenance and cost thereof shall be borne
solely by such Owner without cost or expense to the other
Owners and shall not be included in Common Area maintenance
costs. Landscaping located within five (5) feet of any
Building constructed on Pads A or B shall be maintained by the
Owner of such Building (and not be included in Common Area
maintenance costs) unless otherwise determined by Declarant.
(f) Utilities. Maintaining, cleaning, repairing and
replacing any and all common storm drains, utility lines,
sewers and other utility systems and services located in the
Common Area which are necessary for the operation of the
Common Area, other than the separate utilities for any
Building Area installed under Section 2.7, which separate
utilities shall be operated and maintained by the Owner
thereof without cost or expense to the other Owners, and
without inclusion in Common Area maintenance costs.
(g) Obstructions. Keeping the Common Area free from
obstructions not required or permitted hereunder, specifically
(but without limitation) keeping the Common Area free from any
obstructions caused by sale or display of merchandise outside
the exterior walls of buildings within the Building Areas,
except in areas within the Shopping Center specifically
designated by the Parties for such purposes.
(h) Shopping Center Monument Signs. Maintaining,
replacing and repairing any and all monument or other signs
22
10348 - -577
that are permitted in the Common Area pursuant to this
Declaration, including all pylon signs, if any, traffic
control signs and identification signs for the Shopping
Center, but excluding identification signs for any business
located within the Shopping Center. Any costs resulting from
the addition of names or logos on signs shall be the expense
of the Owner or Occupant whose name or logo is added to the
sign.
(i) Sidewalks. Cleaning, maintenance and repair of all
sidewalks, including perimeter sidewalks adjacent and
contiguous to buildings located on Building Areas, and those
situated on the perimeter or just outside the boundaries of
the Shopping Center.
(j) Building Pads. Until such time as Buildings are
constructed on any Building Area of the Shopping Center, the
Owner of such Building Area shall maintain the same in a neat
and weed free condition with a uniform layer of decomposed
granite in a color that is harmonious with the landscaping of
developed portions of the Shopping Center. Manager shall take
such measures as may be reasonably necessary to replace
granite and to control weeds and the erosion of dirt and sand
by wind or water with respect to said undeveloped portion
thereof if not already done by Owner, after ten (10) days
written notice to Owner, and shall bill the Owner of said
undeveloped portion for its expenses in connection therewith,
plus an administrative fee of twenty-five percent (250). Said
Owner shall reimburse Manager within fifteen (15) days of said
Owner's receipt of a written statement from Manager.
(k) Walls and Fences. Maintaining, repairing and
replacing any walls or fences on the perimeter of the Shopping
Center.
(1) Security. Employ security personnel for the Common
Area as Manager shall deem necessary, provided, however, that
Manager shall have no liability in the event Management elects
not to supply security personnel.
(m) Waaes. Paying all wages, workmen's compensation
insurance, unemployment taxes and other costs and expenses of
employees necessary to maintain and operate the Common Area.
23
10348 -5-78
000%k
(n) Holiday Decorations. Paying for the cost of
installing and removing (but not purchasing) holiday
decorations in the Shopping Center should Manager in its
sole discretion elect to provide holiday decorations.
(o) Common Fire Protection Syatems. Maintaining,
repairing and replacing any common fire protection
systems in the Shopping Center including all utilities
and water charges with respect to the operation of any
common fire protection systems, but not including any
separate fire protection systems located within any
particular building and not part of a common fire
protection system.
(p) Other. Manager may perform such other work and
expend such other funds as it deems reasonable and
appropriate in connection with the operation,
maintenance, repair and replacement of the Common Area
for the benefit of the Owners.
4.2 Expenses. Manager shall expend monies for the
performance of the aforesaid responsibilities subject to the
following conditions:
(a) The costs and expenses of operating and maintaining
the Common Area shall include a management fee not to exceed
ten percent (100) as provided in Section 5.6 of such costs and
expenses.
(b) The Common Area shall be operated and maintained on
a non-profit basis, except for the management fee paid to
Manager.
4.3 Insurance. Subject to the provisions herein contained,
Manager shall maintain public liability insurance, with such
reasonable deductible as Manager shall determine in its discretion,
for the Common Area against the risks of bodily injury liability
with a limit of not less than $5,000,000.00 for personal or bodily
..injury to all persons in any one occurrence, coverage to be in a
comprehensive general liability form. Upon request of any person
having an insurable interest hereunder, Manager shall cause to be
issued proper certificates of insurance, or copies of insurance
policies required to be maintained hereunder. Manager shall also
provide Worker's Compensation insurance as required by law,
covering all employees used or hired in connection with the
24
10348 - -.579
maintenance and operation of the Common Area. Each policy of
insurance hereunder (other than Worker's Compensation) shall
provide that it shall not be subject to cancellation or
modification except on ten (10) days prior written notice to the
holders of such insurance.
4.4 Building Maintenance. All Building(s) (including any
canopies or drive -through facilities permitted hereunder, even
though the same may be located within the Common Area) and signs
(excluding the monument and pylon signs, if any, that may be
located within the Common Area of the shopping Center) shall be
maintained by its Owner in a first class, safe and serviceable
condition to standards of comparable first class shopping centers
in the metropolitan Tucson area, and in accordance with all
applicable governmental rules and regulations at the sole cost and
expense of the Owner thereof. In the event a Building is damaged
or destroyed (partially or totally) by fire, the elements, or any
other casualty, the Owner thereof shall either (i) cause said
Building to be promptly repaired, rebuilt and restored as nearly as
practicable to its condition just prior to such damage or
destruction; or (ii) promptly raze said Building and clear, clean,
grade and fence the Building Area in accordance with Section 8.
5. COST OF OPERATION AND MAINTENANCE OF COMMON AREA.
5.1 Payment by Manager. All costs and expenses incurred by
Manager in the operation and maintenance of the Common Area
pursuant hereto, including any direct labor costs, shall be paid
directly by Manager. Each Owner shall reimburse Manager for its
proportionate share (as defined hereinafter) of all Common Area
maintenance, repair, replacement and operation costs paid by
Manager in the manner and at the times hereinafter specified.
5.2 Payment of Proportionate Share. Each Owner shall pay to
Manager on or before the first day of each calendar month, its
proportionate share of an estimate of the Common Area costs and
expenses for the year, which estimate shall be reasonably
established by Manager. Following the end of each calendar year of
the term hereof, the amounts due from each Owner as its
proportionate share of the Common Area costs and expenses for the -
calendar year shall be finally calculated by Manager. If any
Owner's proportionate share of the total Common Area costs and
expenses for the calendar year exceeds the amount paid by such
Owner, such Owner shall pay to Manager such excess within fifteen
(15) days following the Owner's receipt of Manager's statement. If
09
1.0348 58.0
Ao'+ 100111116
any Owner's proportionate share of the total Common Area costs and
expenses for the calendar year is less than the amount paid by such
Owner, the amount of excess payment by such Owner shall be credited
against the Owner's future payment obligation, cumulative from
month to month until such excess is exhausted. Each Owner's
proportionate share shall be computed in the ratio that the floor
area of all Buildings on each Owner's Parcel bears to the total
floor area of all Buildings constructed in the Shopping Center.
Each Owner's obligation to pay its proportionate share of the total
Common Area costs and expenses shall commence upon the date of
substantial completion of a Building upon such Owner's Parcel.
5.3 Books and Recordp. Manager shall, in accordance with
good bookkeeping practices, maintain a complete record of each and
every item of cost or expense incurred for the operation and
maintenance of the Common Area and shall, upon five (5) days prior
written notice, make such records available during normal business
hours for inspection, preliminary accounting review or audit by the
other Owners or their designated representatives.
5.4 Delinquent Amounts. In the event any Owner fails to
reimburse Manager for its proportionate share of all Common Area
maintenance and operation costs paid by Manager in the manner and
time prescribed, the amount shall be deemed delinquent, and the
amount thereof shall bear interest thereafter at the rate of
eighteen percent (180) per annum.
5.5 Designation of Manager. Declarant may, at its express
election in writing, act as Manager hereunder. If Declarant in its
sole discretion determines not to act as Manager hereunder,
Declarant shall designate from time to time an independent
management company to act as Manager hereunder and Declarant shall
in no event be deemed responsible or liable for any act or omission
of Manager.
5.6 Management Fee. Included in and as part of the cost of
operation and maintenance of the Common Area, each Owner shall pay
to Manager a fee for each calendar year in an amount to be
determined by Declarant, but not in excess of ten percent (100) of
the amount of such Owner's proportionate share of Common Area
costs and expenses as provided in Section 4.2. Said payment shall
be made in equal monthly installments in accordance with the
procedures of Section 4.2.
26
.1.0348 `581
r�
•.
6. DAMAGE OR DESTRUCTION TO COMMON AREA.
6.1 Repair of DamagQ. In the event of any damage or
destruction to the Common Area during the term of this Declaration
from any cause (whether or not covered under insurance required to
be carried under this Declaration), Manager shall, promptly after
the occurrence of the event of damage or destruction (arid if
determined to be economically feasible by Declarant in its
discretion), restore, repair or rebuild such damaged or destroyed
Common Area to a condition equal to or better than the condition
existing prior to the event of the damage or destruction, to the
same general appearance as existed immediately prior to such damage
or destruction and in accordance with the applicable standards of
this Declaration for an integrated Center pursuant to a uniform
general plan. Manager shall undertake such work in a manner which
will cause as little disruption of and interference with the use of
the remainder of the Common Area and Building Areas as reasonably
possible in accordance with the applicable requirements of this
Agreement. Manager shall use all due diligence to complete
restoration and repair of the Common Area hereunder as
expeditiously as possible so that the same may be available for use
and operation as part of the Shopping Center with as little delay
and as little disruption as circumstances will permit.
6.2 Payment of Costs. Any insurance proceeds paid to any
Owner on account of such damage or destruction, and not
attributable to damage or destruction of that Owner's Building,
shall be made available to Declarant for use in reconstruction and
repair of the Common Area hereunder. In the event that such
amounts are insufficient to cover the cost of the work hereunder,
the Owners shall each bear their respective proportionate share of
the costs which exceed such amounts in the same proportion that
other Common Area expenses are shared. The amount of'any available
insurance proceeds and each Owner's proportionate share of any
excess amount shall be paid by the Owners to Declarant prior to
commencing the work of repair and restoration of the Common Area
hereunder.
7. LIENS
Manager shall keep the Shopping Center free from any and all
liens arising out of any work performed, materials furnished to or
obligations incurred by Manager in connection with the maintenance
and operation of the Common Area under this Agreement.
27
1034.8 - - 5 8 2
r.►
8. CLEAR AREAS.
In the event that at any time during the term of this
Declaration and after any Owner in the Shopping Center opens for
business in the Shopping Center, there are Building Areas, or Pads
upon which no Building has been constructed, or from which existing
Buildings have been razed and not replaced, the Owner owning each
such Building Area shall maintain such Building Area in a safe,
neat and attractive condition, free of weeds and debris, and take
necessary and appropriate measures to prevent and control the
emanation of dust and dirt from such Building Area, which shall
include maintaining a uniform layer of decomposed granite in a
color that is harmonious with the landscaping of the. developed
portions of the Shopping Center.
9. BUILDING AREA INDEMNITY.
Each Owner shall indemnify, defend and hold harmless
Declarant, Manager and the other Owners from and against any and
all claims, expenses, liabilities, loss, damage and costs,
including reasonable attorneys' fees, and any actions or
proceedings in connection therewith, incurred in connection with,
arising from, due to, or as a result of the death of any person or
any accident, injury, loss or damage howsoever caused, to any
person or property as shall occur in or about each Owner's Building
Area, or caused by the negligence or willful act or omission of
such Owner or any Occupant of any such Owner's Building Area, or
the agents, servants or employees of such Owner or Occupant,
wherever the same may occur, except claims resulting from the
negligence or willful act or omission of the indemnified Owner or
the agents, servants or employees of such indemnified party,
wherever the same may occur.
10. CONDEMNATION.
10.1 Owner's Right to Award. Nothing herein shall be
construed to give any Owner any interest in any award or payment
made to any other Owner in connection with any exercise of eminent
domain or transfer in lieu thereof affecting any other Owner's
Parcel or giving the public or any government any rights in the -
Parcel(s). In the event of any exercise of eminent domain or
transfer in lieu thereof of any part of the Common Areas located
within the Shopping Center, the award attributable to the land and
improvements of such portion of the Common Areas shall be payable
only to the Owner in fee thereof (subject to the provisions of
28
10348. 583
A"*. 10%,
Section 10.2) and no claim thereon shall be made by the Owners of
any other portion of the Common Area (subject to the provisions of
Section 10.2).
10.2 Collateral Claims. All other Owners or persons having an
interest in the Common Areas so condemned may file collateral
claims with the condemning authority for their losses which are
separate and apart from the value of the land area and improvements
taken.
10.3 Tenant's Claim. Nothing in this Section 10 shall prevent
an Owner's tenant from making a claim against an Owner pursuant to
the provisions of any lease between tenant and Owner for all or a
portion of any such award or payment.
10.4 Restoration of Common Areas. In the event of a partial
taking, the Owner of the fee of each portion of the Common Areas so
condemned shall promptly repair and restore the remaining portion
of the Common Areas so owned as near as practicable to the
condition of the Common Areas immediately prior to such
condemnation or transfer without contribution from any other Owner
and the condemnation award necessary for said restoration shall be
held in trust and applied for such purpose.
10.5 Restoration of Building Areas. In the event any Building
located in the Shopping Center is condemned and the Owner chooses
not to restore such a Building, then the Owner of such a Building
shall remove debris and restore the Common Area surrounding the
Building; provided, however, in carrying out this obligation, the
Owner shall not be required to spend more money than is provided by
the condemnation proceeds resulting from the condemnation of the
building.
11. RIGHTS UPON DEFAULT.
11.1 Ricrht to Cure.
(a) In the event any Owner or Occupant. defaults in the
performance of any of the obligations of this Declaration,
Manager shall have the right, but not the obligation, upon
fourteen (14) days prior written notice, to cure such default
for the account of and at the expense of the defaulting Owner
or Occupant; provided, however, that in the event of emergency
conditions constituting default, Manager acting in good faith
shall have the right to cure such default upon such advance
29
10348 - 584
notice as is reasonably possible under the circumstances or,
if necessary, without advance notice, so long as written
notice is given as soon as possible thereafter. Any notice
hereunder shall specify with particularity the nature of the
default claimed and shall set forth in detail the action which
the party giving such notice proposes to take in order to cure
the claimed default. To effectuate any such cure, Manager
shall have the right to enter upon the Parcel of the
defaulting party. Each Owner shall be responsible hereunder
for the default of its Occupants.
(b) In the event a default occurs which cannot be cured
within thirty (30) days after written notice, a default shall
not be declared if said Owner has commenced its cure and is
proceeding diligently to accomplish the cure.
11.2 Legal and Equitable Relief. Each Owner, the Declarant
and/or the Manager shall have the right to prosecute any
proceedings at law or in equity against the other Owners, or any
other person, violating or attempting to violate or defaulting upon
any of the provisions contained in this Declaration, in order to
prevent the violating or defaulting party or any such person from
violating or attempting to violate or defaulting upon the
provisions of this Declaration and/or to recover damages for any
such violation or default. The remedies available under this
Section 11.2 shall include, by way of illustration but not
limitation, ex parts applications for temporary restraining orders,
preliminary injunctions and permanent injunctions enjoining any
such violation or attempted violation or default, and actions for
specific performance of this Declaration.
11.3 Costs and Cure. All costs and expenses reasonably
incurred by any Declarant, Owner or Manager under the provisions
of Section 11.1 hereof, together with interest thereon, at five
percent (50) in excess of the prime interest rate charged by Bank
of America (or other bank selected by Declarant) from time to time,
and all costs and expenses of any proceedings at law or in equity,
including reasonable attorneys' fees awarded to any party by an
order of court pursuant to Sections 11.2 and 11.4 hereof, shall be
assessed against and paid by the defaulting or violating Owner.
11.4 Liens. Costs and expenses accruing and/or assessed
pursuant to Section 11.3 hereof and pursuant to Sections 4 and 5
hereof shall constitute a lien against the defaulting Owner's
Parcel or the interest therein of the person in default hereunder.
30
1034s . 58.5
The lien shall attach and take effect only upon recordation of a
claim of lien in the office of the Recorder of the County of the
State in which the Shopping Center is located, by the Manager,
Declarant or Owner making the claim. The claim of lien shall
include the following:
(a) Namg. The name of the lien claimant;
(b) Basis of Claim. A statement concerning the basis
for the claim of lien and identifying the lien claimant as a
curing party;
(c) identification of Owner. An identification of the
Owner or reputed owner of the Parcel or interest therein
against which the lien is claimed;
(d) Parcel Description. A description of the Parcel
against which the lien is claimed;
(e) Work Performed. A description of the matter which
has given rise to the claim of lien and a statement itemizing
the amount thereof; and
(f) Statement of Claim. A statement that the lien is
claimed pursuant to the provisions of this Declaration,
reciting the date, book and page of recordation hereof.
The notice shall be duly verified, acknowledged and contain a
certificate that a copy thereof has been served upon the Owner
against whom the lien is claimed, by personal service or by
registered or certified United States Mail, return receipt
requested, to the address given for the mailing of tax statements
in the Office of the Treasurer of Pima County, Arizona for the
Parcel or interest against which the lien is claimed. The lien so
claimed shall attach from the date of recordation solely in the
amount claimed thereby and may be enforced in any manner allowed by
law including, without limitation, suit in the nature of a suit to
foreclose a mortgage or mechanic's lien under the applicable
provisions of the laws of the State in which the Shopping Center is
located.
11.5 Priority of Lien. The lien provided for in this Section
11 shall be superior to any and all other charges, liens and
encumbrances which hereafter in any manner may arise or be imposed
31
1.034.8 586
upon any portion of the Shopping Center; provided, however, that
such lien shall be subject and subordinate to:
(a) Liens for taxes and other public charges which by
applicable law are expressly made superior thereto.
(b) Any prior mortgages or deeds of trust recorded in
the Office of the County Recorder of Pima County, Arizona.
All liens recorded subsequent to the recordation of a lien
under this Section 11 shall be junior and subordinate to the
lien created hereunder.
11.6 Removal of Lien. Upon the payment curing any default for
which a lien hereunder was recorded, the Owner imposing the lien
shall record an appropriate release of lien upon payment by the
defaulting Owner of a reasonable fee, to be determined by the Owner
imposing the lien, to cover the costs of preparing and recording
such lien and release, together with payment of such other costs
including, without limitation, legal fees and court costs,
interest, and fees, as such Owner shall have actually incurred.
11.7 Waivers and Remedies Cumulative. No waiver by Manager of
any default under this Declaration shall be effective or binding on
Manager unless made in writing by Manager and no such waiver shall
be implied from any omission by Manager to take action in respect
to such default. No express written waiver of any default shall
affect any other default or cover any other period of time other
than any default and/or period of time specified in such express
waiver. One or more written waivers of any default under any
provision of this Declaration shall not be deemed to be a waiver of
any subsequent default in the performance of the same provision or
any other term or provision contained in this Declaration. All of
the remedies permitted under this Declaration or 'at law or .in
equity shall be cumulative and not alternative, and invocation of
any such right or remedy shall not constitute a waiver or election
of remedies with respect to any other permitted or available right
or remedy.
11.8 Notice to Mortgages. Each Owner, Declarant or Manager
when giving notice of any default hereunder shall also give notice
of such default to any mortgagee or deed of trust beneficiary
holding a .lien on any Parcel of which such Owner, Declarant or
Manager has been advised in writing, and such mortgagee or deed of
trust beneficiary shall have the right, but not the obligation, to
cure such default within thirty (30) days of receipt of such notice
32
1.0348 ---587
r AMAk
or if such default is such that it is not reasonably susceptible of
cure within a period of thirty (30) days, then such mortgagee or
deed of trust beneficiary shall have such period of time as is
reasonably necessary to cure such default.
12. TRANSFERS OF INTEREST, RIGHTS, POWERS AND OBLIGATIONS.
12.1 Generally. Except as otherwise expressly provided
herein, in no event shall the rights, powers and obligations
conferred pursuant to this Declaration be at any time transferred
or assigned by any parties except through a transfer of their
respective interest in their respective Parcels, and then only to
the extent and in the manner hereinafter provided. In the event of
the transfer, conveyance or termination of the whole of the
interest of any Owner in its Parcel (or any leasehold interest in
a Parcel) without retaining any beneficial interest therein other
than as beneficiary under the terms of a deed of trust or mortgage
or other interest to secure performance by the transferee of the
transferee's obligations to the transferor or without
simultaneously acquiring a new interest by way of leasehold, life
estate, or any other similar interest, then the rights and powers
conferred upon and the obligations under this Declaration of the
transferring party shall be deemed transferred and assigned with
its interest, or termination thereof.
12.2 Transfer of Declarant's Rights. Upon the assignment,
sale or other transfer by Declarant of its final remaining interest
in any portion of the Shopping Center, the rights and obligations
of Declarant hereunder shall be deemed delegated to and assumed by
the fee Owner of the in -line shop space. Additionally, the
Declarant may assign its rights and delegate its duties as
Declarant hereunder at any time to any person or entity by recorded
instrument, and upon the recordation of such instrument, the
assignee shall be deemed to be Declarant for all purposes
hereunder.
13. RELEASE UPON SALE OF INTEREST.
13.1 Sale By Any Owner. Upon the assignment, conveyance, sale
or other transfer by any Owner of its entire right, title and
interest in its Parcel, that Owner shall be released from the
obligations of this Declaration as the Owner for such Parcel
arising subsequent to the effective date of such sale or transfer
(other than those obligations arising from any default by such
Owner in the performance of any provision of this Declaration prior
33
10348. .5-88
AOW r w
to such sale or transfer, including payment of any amounts which
may then be due and owing under this Declaration), if the
transferee expressly assumes such obligations.
13.2 Liability of Transferor. In no event shall any
transferee of any Owner be liable for any default under this
Declaration of the transferring Owner which occurred prior to the.
effective date of the transfer of all right, title and interest in
the affected Parcel to the transferee; provided, however, that
nothing contained in this Section 13.2 shall affect the existence,
priority, validity or enforceability of any lien placed upon the
affected Parcel under the provisions of Section 11.4 of this
Declaration prior to the effective date of the transfer•.
14. BREACH SHALL NOT PERMIT TERMINATION..
No breach of this Declaration shall entitle any Owner to
cancel, rescind or otherwise terminate this Declaration but such
limitation shall not affect in any manner any other rights or
remedies which such Owner, or any tenant, may have hereunder by
reason of any breach of this Declaration. Any breach of any of
said covenants or restrictions, however, shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good
faith for value, but such covenants or restrictions shall be
binding upon and effective against such Owner or any of said
property or any portion thereof whose title hereto is acquired by
foreclosure, trustee sale or otherwise.
15. COVENANTS AND RECORDATION.
15.1 Covenants Run With the Land. This Declaration and the
easements, covenants, restrictions, benefits and obligations
created hereby shall inure to the benefit of and be binding upon
each Owner of any Parcel in the Shopping Center and its successors
in interest and assigns. All of the provisions of this Declaration
shall constitute equitable servitudes and be covenants running with
the land pursuant to applicable law. It is expressly acknowledged
that each covenant to do or refrain from doing some act on each
Parcel (i) is for the benefit of each other Parcel and is a burden
upon each other Parcel, (ii) runs with each Parcel, and (iii) shall
benefit or be binding upon each successive Owner during its
ownership of each Parcel, or any portion thereof, and each person
having any interest therein derived in any manner through any Owner
of any Parcel, or any portion thereof.
34
10348 5*89
15.2 Recordation. This Declaration shall become effective and
binding in accordance with the provisions of this Section 15 upon
recordation of this Declaration in the Office of the County
Recorder of Pima County, Arizona.
16. PROPERTY TAXES.
16.1 Payment of Property Taxes. Each Owner shall pay or cause
to be paid directly when due all real property taxes and other
special taxes and assessments which may be levied or assessed
against its Parcel (including without limitation, any tax or
assessment attributable to any interest created by this
Declaration), and any and all real property taxes and other special
taxes and assessments levied or assessed against the portion of the
Common Area lying within each Owner's Parcel. If after the
execution of this Declaration there is a period of time in which
the Parcels have not been segregated for tax purposes, then each
Owner will pay its proportionate share of any taxes attributable to
its Parcel based upon the square footage of each Owner's Parcel in
ratio to the total square footage of the real property within the
Tax Parcel(s) being taxed or assessed.
16.2 Contest of Property Taxes. Each Owner may contest (or
allow to be contested) in good faith any real property tax or other
special tax or assessment levied upon its Parcel. Any such
contested tax or assessment shall be paid, however, prior to the
time when the affected Parcel can be subjected to sale under any
applicable law pursuant to a proceeding which may result in
impairment of the rights created hereunder or terminate any
provision hereof as applied to any Parcel. The Owners who are not
parties to such contest shall execute such documents as maybe
necessary to establish or.evidence the contesting Owner's right to
contest any such tax, assessment or charge. The Owner making such
contest shall indemnify the other Owners against any loss, cost,
damage, injury or expense arising out of or relating to the conduct
of such contest, but no Owner shall be charged with responsibility
as a result of any such contest for any increased taxes allegedly
resulting therefrom or as a result thereof.
17. MISCELLANEOUS.
17.1 Subordination. Any mortgage or deed of trust affecting
any portion of the Shopping Center shall at all times be subject
and subordinate to the terms of this Agreement, except to the
extent expressly otherwise provided herein, and any party
35
10348 5.90
foreclosing any such mortgage or deed of trust, or acquiring title
by deed in lieu of foreclosure or trustee's sale shall acquire
title subject to all of the terms and provisions of this
Declaration.
17.2 Negation of Partnership. None of the terms or provisions
of this Declaration shall be deemed to create a partnership between
or among Declarant and the Owners in their respective businesses or
otherwise, nor shall it cause the Owners and Declarant to be
considered joint venturers or members of any joint enterprise.
This Declaration is not intended nor shall it be construed to
create any third party beneficiary rights in any person who is not
a party hereto unless expressly otherwise provided in writing.
17.3 Termination and Amendment. Except as otherwise specified
in this Declaration, this Declaration may be modified or amended in
whole or in part only by written and recorded instrument executed
by Declarant with the written consents of all of the Owners, which
consents shall not be unreasonably withheld. Notwithstanding any
other provisions of this Declaration to the contrary, each easement
shall be in perpetuity and each other covenant, restriction and
undertaking of this Declaration shall (except as otherwise
expressly provided herein as terminated or terminable at an earlier
time) be for a term of ninety-nine (99) years from the date hereof.
Anything herein to the contrary notwithstanding, Declarant may
amend and supplement this Declaration from time to time to further
restrict or limit the uses of, and the location and design of any
Buildings upon, any of the Pads of which it is the Owner at the
time of recordation of such supplement or amendment.
17.4 Applicable Law. The laws of the State of Arizona shall
govern the interpretation, validity, performance and enforcement of
this Declaration.
17.5 Personal Obligations. Each assessment or amount due
pursuant to any provisions of this Declaration, together with
interest, reasonable attorneys' fees and costs, shall be the
personal obligation of the party who was the record owner at the
time the assessment or other sums of money became due, but such
personal obligation of the Owner shall not be deemed to discharge
or limit the charge on the land and the continuing assessment lien
upon the Parcel of the Owner, regardless of a subsequent conveyance
thereof. No Owner shall escape liability for any assessment which
became due while it was the Owner by virtue of non-use of the
Common Area or by transfer or abandonment of its Parcel.
36
10348 - .591
17.6 ,Force Majeure. Each Owner shall be excused from
performing any of its respective obligations or undertakings
provided in this Declaration (except obligations or undertakings to
pay any sums of money under the applicable provisions hereof) for
so long as such performance of any such obligation is prevented,
delayed or hindered by act of God, flood or other weather
conditions of unusual severity, explosion, war (declared or
undeclared), riot, or any other cause not within the reasonable
control of the Owner (financial inability excepted).
17.7 Severability. Invalidation of any of the provisions
contained in this Declaration, or of the application thereof to any
person, by judgment or court order shall in no way affect any of
the other provisions hereof or the application thereof to any other
person or circumstance and the same shall remain in full force and
effect, unless enforcement of this Declaration as so invalidated
would be unreasonable or grossly inequitable under all the
circumstances or would frustrate the purposes of Declaration!
17.8 Notices. Any notice to Declarant shall be in writing and
given by delivering the same to Declarant in person to the
President or the Secretary of Declarant or by sending the same by
registered or certified mail, return receipt requested, with
postage prepaid to the Declarant's mailing address shown
hereinabove. Declarant may change its mailing address at any time
by giving written notice of such change to the other Owner(s) at
the address of the Owner(s) on the current tax role for their
Parcel or at such address as the Owner designates in writing to
Declarant, in the manner provided herein at least ten (10) days
prior to the date such change is effected. All notices under this
Declaration shall be deemed given, received, made or communicated
on the date personal delivery is effected or, if mailed, on the
delivery date or attempted delivery date shown on the return
receipt.
17.9 Captions. The captions preceding the text of each
Section and subsection are included only for convenience of
reference and shall be discharged in the construction and
interpretation of this Declaration.
17.10 References. All references herein to a given Section or
subsection refer to the Section or subsection of this Declaration.
17.11 Litigation Expenses. If any action or proceeding
(including, without limitation, any cross -complaint, counterclaim
37
1.034.8 - -592
/'IVA 100%
or third party claim) is brought by reason of the breach or alleged
violation of any covenant, term or obligation hereof, or for the
enforcement of any provision hereof, or to interpret, or otherwise
arising out of this Declaration, the prevailing party in such
action or proceeding shall be entitled to its costs and expenses of
suit, including, but not limited to, reasonable attorneys' fees,
which shall be payable whether or not such action is prosecuted to
judgment.
17.12 Time. Time is of the essence of this Declaration and
each and every provision hereof.
17.13 Arbitration. All claims, disputes and other matters in
question arising out of, or relating to, this Declaration or the
breach thereof shall be decided by arbitration in accordance with
the rules of the American Arbitration Association then obtaining if
Declarant shall so elect in writing. The award rendered by the
arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction
thereof.
17.14 Not A Public Dedication. Nothing herein contained shall
be deemed to be a gift or dedication of any portion of the Shopping
Center to the general public or for the general public or for any
public purposes whatsoever, it being the intention of Declarant
that this Declaration shall be strictly limited to and for the
purposes herein expressed.
17.15 Ownership of Shopping Center. The ownership of the
entire Shopping Center by the same party shall not effect the
termination of this Declaration.
17.16 Rights and Remedies are Cumulative. The rights and
remedies given to any Owner by this Declaration shall be deemed to
be cumulative and no one of such rights and remedies shall be
exclusive of any of the others, or of any other right or remedy at
law or in equity which such Owner might otherwise have by virtue of
a default under this Declaration, and the exercise of one such
right or remedy by any such Owner shall not impair such owner's
standing to exercise any other right or remedy, except as may be
otherwise provided herein.
17.17 Subsequent Conveyances. All conveyances of all or any
portion of the Shopping Center subsequent to the date hereof shall
recite that they are subject and subordinate to the terms and
38
1:0.348 . 593
provisions hereof; provided, however, that the failure to do so
shall not affect the validity or enforceability of this
Declaration.
17.18 Revision of Exhibit "B". Declarant may modify the Site
Plan without consent of any Owner, as long as such modification
does not unreasonably affect the rights hereunder of any Owner.
IN WITNESS WHEREOF,.Declarant executed and acknowledged this
Declaration as of the day and year first above written.
DECLARANT:
OVERLAND VISTOSO LIMITED PARTNERSHIP,
an Arizona limited partnership
BY: READY TWO CORPORATION, an
Arizona corporation, its
general partner
By _
Its:
STATE OF ARIZONA )
)ss:
COUNTY OF PIMA )
On this the day of 1996, before me
the undersigned Notary Public, personally appeared
11)•'70-'71 _s PLiknown to me to be the \,Arp-�-
of READY TWO CORPORATION, an Arizona corporation, for and on behalf
of said corporation.
Notary Pu is
My Commission Expires:
�I 0 9 of
I I `vim p f1CIAL SEAL
cc&r's\6\072696 SHIRLEY M • WELCH
is NOTARY PUBLIC - ABIZONA
PIMA COUNTY ,1999
Hy COMM . Elpilee Aug
39
10348 •5.94
Y
EXHIBIT A-1
That portion of Section 29, Township 11 South, Range 14 East, Gila and Salt
River Base and Meridian, Pima County, Arizona, described as follows:
Cc mencing at the South quarter corny of said Section 29;
Thence South 89 degrees 40 minutes 30 seconds East, along the South line of
said Section 29, a distance of 453.43 feet to the West right of way line of
Oracle Road (U.S. Highway 89);
Thence North 00 degrees 41 minutes 59 seconds East, along the said right of way
Line, a distance of 835.90 feet to the Point of beginning on the North right of
way line of Rancho Vistoso Boulevard recorded in Doclmt 7868 at page 1456, Pima
County Recorder's Office, Pima County, Arizona;
Thence North 89 degrees 18 minutes 01 seconds West, along the said right of way
line, a distance of 453.83 feet to a point of curvature of a tangent curve,
concave to the North;
Them Westerly, along the said right of way line, along the arc of said curve,
to the right, having a radius of 1425.00 feet and a central angle of 15 degrees
57 minutes 45 seconds for an arc distance of 397.00 feet to a non -tangent lime;
Thence North 16 degrees 39 minutes 44 seconds East, a distance of 447.43 feet;
Thence North 00 degrees 42 minutes 40 seconds East, a distance of 245.96 feet;
Thence South 89 degrees 17 minutes 20 seconds East, a distance of 722.64 feet
to said West right -of --way line of Oracle Road;
Thence South 00 decrees 42 minutes 40 seconds West, along said right-of-way
Line, a distance of 74.45 feet to an angle point;
Thence South 00 degrees 41 minutes 59 seconds West, along said right-of-way
line, a distance of 656.49 feet to the point of beginning.
Except any portion lying within Parcel A described as follows:
Continued...
.10348 - -.595
EXHIBIT A-1
Parcel A:
That portion of Section 29, Township 11 South, Range 14 East, Gila and Salt
River Base and Meridian, Pima County, Arizona, described as follows:
CcmTe=ing at the South quarter corner of said Section 29;
Thence South 89 degrees 40 minutes 30 seconds East, along the South lime -of
said Section 29, a distance of 453.43 feet to the West right-of-way line of
Oracle Road;
Thence North 00 degrees 41 minutes 59 seconds East, along said right-of-way
line, a distance of 835.90 feet to the North right-of-way line of Rancho
Vistoso Boulevard, as recorded in DocRet 7868 at page 1456, Pima County
Recorder's Office, Pima County, Arizona;
Theme North 89 degrees 18 minutes 01 seconds West, along said right-of-way
line, a distance of 440.00 feet to the point of.beginning;
Thence continue North 89 degrees 18 minutes 01 seconds West, along said
right-of—way line, a distance of 13.83 feet to a point of curvature of a
tangent curve concave to the North;
Thence Westerly along said right-of-way line, along the arc of said curve to
the right, having a radius of 1425.00 feet and a central angle of 14 degrees 01
minutes 54 seconds for an arc distance of 348.98 feet to a non -tangent line;
Thence North 18 degrees 27 minutes 49 seconds East, a distance of 118.65 feet
to a point of curvature of a tangent curve concave to the Southeast;
Vence Northeasterly along the arc of said curve, to the right, having a,radius
of 26.00 feet and a central angle of 72 degrees 14 minutes 51 seconds for an
arc distance of 32.78 feet to a point of tangency;
Thence South 89. degrees 17 minutes 20 seconds East, a distance of 272.37 feet
to a point of curvature of a tangent curve concave to the Southwest;
Thence Southeasterly along the arc of said curve, to the right, having a radius
of 26.00 feet and a central angle of 89 degrees 59 minutes 19 seconds for an
arc distance of 40.84 feet to a point of tangency;
Continued...
10.348 596
/`►
Oak
_ ,,
EXHIBIT A-1
7he=e South 00 degrees 41 minutes 59 seconds West, a distance of 147.53 feet
to the point of beginning.
10348 597
�"..AAVW
EXHIBIT A-2
Parcel A:
'hat 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 South quartex corner of said Section 29;
'iie"m South 89 degrees 40 minutes 30 seconds East, along the South line. of
said Section 29, a distance of 453.43 feet to the West right-of-way lime of
Oracle Road;
Thence North 00 degrees 41 minutes 59 seconds East, along said right-of-way
line, a distance bf 835.90 feet to the North right -of —ay line of Rancho
Vistoso Boulevard, as recorded in Doclmt 7868 at page 1456, Pima County
Recorder's Office, Pima County, Arizona;
Thence North 89 degrees 18 minutes 01 seconds West, along said right-of-way
line, a distance of 440.00 feet to the point of.beginning;
Thence continue North 89 degrees 18 minutes 01 seconds West, along said
right-of-way line, a distance of 13.83 feet to a point of curvature of a
tangent curve concave to the North;
Thence Westerly along said right-of-way line, along the arc of said curve to
the right, having a radius of 1425.00 feet and a central angle of 14 degrees 01
minutes 54 seconds for an arc distance of 348.98 feet to a non -tangent line;
Thence North 18 degrees 27 minutes 49 seconds East, a distance of 118.65 feet
to a point of curvature of a.tangent curve concave to the Southeast;
Thence Northeasterly along the arc of said curve, to the right, having a radius
of 26.00 feet and a central angle of 72 degrees 14 minutes 51 seconds for an
arc distance of 32.78 feet to a point of tangency;
Thence South 89. degrees 17 minutes 20 seconds East, a distance of 272.37 feet
to a point of curvature of a tangent curve concave to the Southwest;
Thence Southeasterly along the arc of said curve, to the right, having a radius
of 26.00 feet and a central angle of 89 degrees 59 minutes 19 seconds for an
arc distance of 40.84 feet to a point of tangency;
Continued...
1.034-8. 598
. J
EXHIBIT A-2
Thence South 00 degrees 41 minutes 59 seconds West, a distance of 147.53 feet
to the point of beginning.
li-O348 599
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EXHIBIT C-1
LEGAL DESCRIPTIO14
ORDER NO.: 92051643
RANCHO VISTOSO
NEIGHBORHOOD 2
COMMERCIAL PARCEL B
THAT 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 SOUTH QUARTER CORNER OF THE SAID SECTION 29;
THENCE SOUTH 89 DEGREES 40 MINUTES 30 SECONDS EAST, ALONG THE
SOUTH LINE OF THE SAID SECTION 29, A DISTANCE OF 453.43 FEET TO
THE WEST RIGHT OF WAY LINE OF ORACLE ROAD (U.S. HIGHWAY 89);
THENCE NORTH 00 DEGREES 41 MINUTES 59 SECONDS EAST, ALONG THE
SAID RIGHT OF WAY LINE, A DISTANCE OF 835.90 FEET TO THE NORTH
RIGHT OF WAY LINE OF RANCHO VISTOSO BOULEVARD RECORDED IN DOCKET
7868 AT PAGE 1456, PIMA COUNTY RECORDER'S OFFICE, PIMA COUNTY
ARIZONA;
THENCE NORTH 89 DEGREES 18 MINUTES 01 SECONDS WEST, ALONG THE
SAID RIGHT OF WAY LINE,"A DISTANCE OF 453.83 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY, ALONG THE SAID RIGHT OF WAY LINE, ALONG
THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 1,425.00
FEET AND A CENTRAL ANGLE OF 015 DEGREES, 54 MINUTES 47 SECONDS
FOR AN ARC DISTANCE OF 397.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTHWESTERLY, ALONG THE SAID RIGHT OF WAY LINE, ALONG
THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 1,425.00
FEET AND A CENTRAL ANGLE OF 046 DEGREES 32 MINUTES 06 SECONDS
FOR AN ARC DISTANCE OF 1,157.37 FEET TO A NON -TANGENT LINE;
THENCE NORTH 63 DEGREES 11 MINUTES 49 SECONDS EAST; 1,122.09
FEET;
THENCE SOUTH 00 DEGREES 42 MINUTES 40 SECONDS WEST, 800.00 FEET:
THENCE SOUTH 16 DEGREES 39 MINUTES 44 SECONDS WEST, 447.43 FEET
TO THE POINT OF BEGINNING.
ti'1,1: ` VA 1211, Ir I Ir I.1.
.10 3 4 8 601
,r
EXHIBIT C-2
NEIGHBORHOOD 2 PARCEL C
No. 114448
That 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 South quarter corner of the said Section 29;
THENCE South 89 degrees, 40 minutes, 30 seconds East, along the South line of the said
Section 29, a distance of 453.43 feet to the West right-of-way line of U.S. Highway 89;
THENCE North 00 degrees, 41 minutes, 59 seconds East, along the said right-of-way line, a
distance of 1,492.39 feet to an angle point;
THENCE North 00 degrees, 42 minutes, 40 seconds East, along the said right-of-way line, a
distance of 74.45 feet to the POINT OF BEGINNING;
THENCE North 00 degrees, 42 minutes, 40 seconds East, along the said right-of-way line, a
distance of 2,029.35 feet to an angle point;
THENCE North 01 degrees, 27 minutes, 58 seconds East, along the said right-of-way line, a
distance of 130.00 feet;
THENCE North 89 degrees, 17 minutes, 20 seconds West, 385.80 feet to a point on the arc of
a non -tangent curve, concave to the West, a radial line of said curve through said point having
a bearing -of North 66 degrees, 28 minutes, 59 seconds East;
THENCE Southerly, along the arc of said curve, to the right, having a radius of 500.00 feet and
a central angle of 029 degrees, 38 minutes, 28 seconds for an arc distance of 258.67 feet .to a
point of tangency;
THENCE South 06 degrees, 07 minutes, 27 seconds West, 921.14 feet to a point of curvature
of a tangent curve, concave to the Northwest;
THENCE Southwesterly, along the arc of said curve, to the right, having a radius of 550.00 feet
and a central angle of 057 degrees, 04 minutes, 22 seconds for an arc distance of 547.86 feet
to a non -tangent line;
THENCE South 00 degrees, 42 minutes, 40 seconds West, 554.04 feet;
THENCE South 89 degrees, 17 minutes, 20 seconds East, 722.64 feet to the POINT OF
BEGINNING.
-2-
1034-8 . 602
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FND N&D RLS 31020
LEGEND
IN THE S 1/2 OF
SECTION 29, T. 11 S., R. 14 E., G.&S.R.M., TOWN
OF ORO VALLEY, PIMA COUNTY, ARIZONA
LOCATION MAP NORTV,(�) 4
3`=1MILE
EXISTING EASEMENT
RIGHT-OF-WAY
PROJECT BOUNDARY LINE
OTHER PARCEL LINE
ROADWAY CENTERLINE
RECORDED DISTANCE
SURVEY MONUMENTATION AS NOTED
SURVEY MONUMENTATION TO BE SET
SEQUENCE
FEE
STATE OF ARIZONA
TOWN OF ORO VALLEY
I HERBY CERTIFY THAT THE INSTRUMENT
WAS FILED FOR RECORD AT THE REQUEST
OF
DATE
TIME
WITNESS MY HAND AND OFFICIAL SEAL
DAY AND YEAR WRITTEN ABOVE
(NAME), (COUNTY RECORDER)
BY
NOTES DEPUTY
1. ALL DIMENSIONS SHOWN ON THIS MAP ARE MEASURED OR A CALCULATED
DERIVATIVE THEREOF UNLESS STATED OTHERWISE.
2. THE BASIS OF BEARINGS IS THE MONUMENTED SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 29, T.11 S., R.14 E., G.&S.R.M., AS SHOWN ON THIS MAP
AND THE DEED RECORDED AT DOCKET 11770 AT PAGE 849, RECORDS OF PIMA
COUNTY, ARIZONA. THE BEARING OF SAID LINE IS SOUTH 89-40'30" EAST.
3, ACCESS, PARKING AND UTILITY USE WITHIN THE DEVELOPMENT IS SHARED BY ALL
PROPERTY OWNERS OF THE DEVELOPMENT AND IS PRESCRIBED BY THE
DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR RANCHO
VISTOSO CENTER RECORDED IN DOCKET 10348 AT PAGE 556.
CERTIFICATION OF BOUNDARY SURVEY
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS DRAWING
WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING OR PROPOSED
SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. I
FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION.
0.11'NORTH
FND N&D RLS N 89019'53"W 13.79'
ri
0.11'NORTH`
='= ------------
LU
SURVEYOR
OS2
Ln
BRUCE SMALL SURVEYS, INC.
RANCHO VISTOSO BOULEVARD CPUBLIC)
co
0
0
3040 N. CONESTOGA AVE.
TUCSON, ARIZONA 85749
Of
FND ARIZONA DEPARTMENT
ATTN: MR. BRUCE SMALL
DKT. 7868, PG. 1456 P.C.R.
b
Ln
OF TRANSPORTATION
P: (520) 444-7186
ALUMINUM CAP IN
E: bruce.small@cox.net
CONCRETE
CURVE TABLE
#
DELTA
RADIUS
ARC
CHORD
BEARING
C1
089056'07"
26-00'
40.81'
36.75'
N 44019'25" W
C2
072018'02"
26-00'
32.81'
30.68'
S 5433'3111 W
C3
001055'41"
1,425.00-
47.95'
47.95'
N 74018'32" W
C4
014'02'04"
1,425.00'
349.05-
348.17'
N 82017'25" W
Contact Arizona 811 at least two full '
working days before you begin excavation
pp-1
Call 811 or click Arizona81I.com
FND GLO STONE WITH 1
SCRIBED ON NORTH FAC
FND ARIZONA DEPARTMENT 01
TRANSPORTATION ALUMINUM
CAP IN CONCRETE
S 89040'30" E 453.39'
BASIS OF BEARINGS
t
OWNER/DEVELOPER
WCCP RANCHO VISTOSO LC
6900 E CAMELBACK RD STE 280
SCOTTSDALE, ARIZONA 85251
ATTN: MR. PHIL SKILLINGS
P: 520,977.6369
E: phil.skillings@naihorizon.com
C Y
r. S S
CIVIL DE L0PMENT
1 2122
CL FR ' AN IS
SMALL
0.,
EXPIRES 06/30/2016
AMR' OVED eY: 138/ OA
PZ FROJ CT MANWURF
OV-1600029
DATE: 02/09/2016
SCALE: 1 It =50'
RANCHO VISTOSO CENTER
MINOR LAND DIVISION
A PORTION OF THE SOUTH HALF OF SECTION 29, T. 11 S., R.
14 E., G&S.R.M., TOWN OF ORO VALLEY, PIMA COUNTY,
ARIZONA
21o2 north country club road
suite #9
ucson, anzona 85716
P: 520.561.4983
e: kmhall@cypresscivil.com
I
OF
2
I'10"t9-S -067311"1"', 1 1
RANCHO VISTOSO CENTER
C;
Z
Z
W
M
CY
Cn
SEQUENCE NO.
C
SURVEYOR
BRUCE SMALL SURVEYS, INC.
3040 N. CONESTOGA AVE.
TUCSON, ARIZONA 8S749
ATTN: MR, BRUCE SMALL
P: (520) 444-7186
E: bruce.small@cox.net
E
o
SEE SHEET 1 FOR TIE
INFORMATION
SCALE: 1"=10'
CURVE TABLE
#
DELTA
RADIUS
ARC
CHORD
BEARING
Cl
076059'04"
12.98'
17.44'
16.16'
N 38038'35" W
C2
180,100,00"
1.15`
3.61'
2.30'
N 89015'10" W
C3
022'46'49"
33.27'
13.23'
13.14
S 2503634" W
C4
148�34'09"
3,05'
7.91'
5.87'
N 63010'23" W
C5
170"02'39"
3.35'
9.94'
6.67'
S 84009'10" E
C6
180000,00"
1.15'
3.61'
2.30'
S 89015'10" E
C7
021017'07"
20.31'
7.55'
7.50'
N 08"58'21" W
C8
082"55'46"
9.14'
13.23'
12.10'
N 41010'53" E
C9
068052`23"
2.41'
2.90'
2.73'
N 42010'29" E
C10
013"45'17"
8.36'
2.01'
2.00'
N 83041'29" E
C11
093020'05"
21.80'
35.51'
31.71'
S 42017'27" E
C12
045012'15"
2.50'
1.97'
1.92'
S 67"58`37" W
C13
136004'14"
2.12'
5.03'
3.93'
S 25007'53" E
C14
039"34'23"
33.87'
23.39'
22.93'
S 64017'03" W
L29
z
OWNER/DEVELOPER
WCCP RANCHO VISTOSO LLC
6900 E CAMELBACK RD STE 280
SCOTTSDALE, ARIZONA 85251
ATTN: MR. PHIL SKILLINGS
P:
E:
LINE TABLE
#
LENGTH
BEARING
L1
124.63'
N 89003'10" W
L2
12.41'
N 00"44' 19" E
L3
9.03'
N 89016'04" W
L4
0.49'
S 00"43' 25" W
L5
0.48'
N 00"43'25" E
L6
9.01'
N 89016'04" W
L7
0.06'
SOUTH
L8
5.07'
S 42041'02" W
L9
42.42`
N 1005853" E
1-10
2.04'
S 00033'42" W
L11
8.99'
S 89007'37" E
L12
1.32'
N 00043'25" E
L13
1.32'
S 00043'25" W
L14
9,05'
S 89007'37" E
L15
34.82'
N 00044'26" E
L16
15.96'
N 20030'05" W
L17
12.25'
N 01012'57" E
L18
0.20'
NORTH
L19
29.75'
S 89016'06" E
L20
5.04'
N 00'40'55" E
L21
16.61'
S 8902041" E
L22
5.06'
S 00047'33" W
L23
58.02'
S 89016'45" E
L24
27.66'
N 74"34'01" E
L25
11.47'
S 89021'02" E
L26
13.53'
SOUTH
L27
16.06'
S 0004457" W
L28
24.23'
S 00056'45" W
L29
1.91'
S 23004'50" W
L30
16.09'
N 89'51`27" W
L31
44.94'
S 00043'36" W
L32
16.32'
S 89"24' 11" E
L33
11.60'
S 82049'11" W
L34
1.40
S 87 08 15 W
OV-1600029
a
Z
w
z
w
C�
w
SEQUENCE NO. RANCHO VISTOSO CENTER
PARCEL #223-02-017P
UNSUBDIVIDED
DKT-10237, PG. 2166
FND N&D RL'
FND 1/2" IRON PARCEL #223-02-01613
REBAR TAGGED RLS UNSUBDIVIDED
7599 i �__ 'N 00040'57" E 1,062.89,'
f DKT-10984, PG. 161 i
i i li f i
15' WATER EASEMENT f
i f ` S 890
18 29 E 722.48 PER DKT. 10233 PG. 515 s
i E
E i �
i_ ___ _ _-________.____.__ '
_ _ _ ----- --- _ _...J I E(
20' SEWER EASEMENT - _____ :� ___ _ ___-_______� _�____---------_ ,
PER DKT. 10010 PG. 450.—
ri � t fix."`-••_. ...... .: 3 y- .»....,..-.i�.
i d � p s f sa.[�y . ," F f/ .'a'- `-a,..,a�,.a •, `✓} --f — --` f
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PER DKT. 10233 PG. 515
i i f
15' UTILITIES EASEMENT ; f
N ( _ PER DKT. 10041 PG. 699
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PARCEL #223-02-017F � UNSUBDIVIDED o'`
f f
DKT-10617, PG. 1897 z �rr ,� ry �____._._-.._________-._____.____._...___-___- yf �
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f
FOUND ALUMINUM CAP r ,r trr I P 22.24 WATER EASEMENT
STAMPED RLS 22788 PER DKT. 10233 PG. 515
r f f
r rr rr,,,�i �`�;%''�`:' �^ l." ,<r/�'{e'f'/'°'�r;�*i�f..l�`,�-�✓-,-F'-'.�.�'l-l1.�1.4i`tel.�!� � I f f 1
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r
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+_
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f
r rr r;r '� �a�''BOUNDARY DETAIL. f f
}
r i
i
rr f f
I
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PAR
�v i < r f _ h 531,681 SQ. FT. u.
rr�rr f' 12.2057 ACRES
LIMITS OF AREA DESCRIBED r
rrr r a
ca r rrr r PARCEL 2 BY DKT. 8543 PG. 511 s---
30' PUBLIC UTILITIES
22,608 SQ. FT. f EASEMENT f
0.5190 ACRES
PER SEQ. 20132610597
f
15' UTILITIES EASEMENT 15'X15' ELECTRICAL
PER DKT. 10041 PG. 699 EASEMENT PER DKT. 10521
ry i PG 238
f f
i
E
rr i
20' SEWER EASEMENT mnT ,„ ,_.
PER DKT. 10010 PG. 450 i
;r f . ��5' UTILITIES EASEMENT FND N&D RLS 12214 f " ? ``. FND BENT 5 8" IRON REBAR
,r > PER DKT. 10041 PG. 699 TAGGED RLS 12214
LIMITS OF AREA DESCRIBED'
BY DKT. 8543 PG. 511 �/ ;r` �,'L N 89017'28" W 272.32; HAND 0.11 EAST _� ;
f
INGRESS EGRESS ROADWAY
}
, 15' WATER EASEMENT
STRUCTURE, ETC. EASEMENT
PER DKT. 10233 PG. 515 - r
� �,rr fir, ���%�- � . t
PER DKT. 11770 PG. 841 fir` oo
i @
0
1 r9r ir,` OCp
r rr 15 WATER EASEMENT f i NATURAL GAS EASEMENT i
PER DKT. 10233 PG. 515 f
/ I fJ PER DKT. 8106 PG. 1973 .�/e
G w
BY
LIMITS OF AREA DESCRIBED
r 4 <r r r BY DKT. 8543 PG. 511 m i r '
r PARCEL00
�10' ELECTRICAL AND
SET NAIL AND 1.5" DISK
STAMPED RLS 12122
FND NAIL AND DISK
STAMPED RLS 12214
0.59' NORTHWESTERLY
FND ARIZONA DEPARTMENT OF
' TRANSPORTATION ALUMINUM
CAP IN CONCRETE
SET NAIL AND 1.5" DISK
STAMPED RLS 12122
e
_U
J
m
CL
Q O
w
J
= U
v O
W V),
U
00
z >_
LU Q
Ci =
0 (D
J
I �
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0
V)
U
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THIS
PROJECT
SCALE: 1"=50'
0 50 100
200' RIGHT OF WAY
(PUBLIC)
15'X25' GAS EASEMENT
ER SEQ.2013100045
r r #223-02-017H m - ,' COMMUNICATIONS
UNSUBDIVIDED oo i.� �� it r' EASEMENT
SEQ. #20072080640 z __ __ i� ��«^�� ��� ___ __„_._..__-___.___._�-� PER DI<T. 10521 PG. 238 FND 1 2 IRON REBAR
TAGGED RLS 7599
FND 5/8" IRON REBAR
�----- C4 i f i x 15 UTILITIES EASEMENT rr �� TAGGED RLS 12214
PER DKT. 10020 PG. 347 011
, �, i 0 08' SOUTH AND 0 03' WEST
WITH PLASTIC CAP
STAMPED RLS 31020
FND N&D RLS 12214 N 89'19'53"W 13.79'
0.11' NORTH-
-,-FND_N & D RLS 31020
0.11' 'NJ O RTH
-�-` RANCHO VISTOSO BOULEVARD (PUBLIC)
-�- DKT. 7868, PG. 1456 P.C.R.
CURVE TABLE
#
DELTA
RADIUS
ARC
CHORD
BEARING
C1
089056'07"
26.00'
40.81'
36.75'
N 44019'25" W
C2
072018'02"
26.00'
32.81'
30.68'
S 54033'31" W
C3
001'55'41"
1,425.00'
47.95'
47.95'
N 74018'32" W
C4
014002'04"
1,425.00'
349.05'
348.17'
N 82017'25" W
Contact Arizona 811 at least two full
working days before you begin excavation
ix
Call 811 or click Arizona811.com ,
FND GLO STONE WITH 1/4
SCRIBED ON NORTH FACE
N 89 19 53 W 440.0�1
FND 5/8" IRON REBAR
7
TAGGED RLS 14145
0.26' SOUTH AND 0.03' WEST
E�
rn
rn
— _.._......._.,,' w SURVEYOR
6,1r Ln BRUCE SMALL SURVEYS, INC.
lzt
O 3040 N. CONESTOGA AVE.
FND ARIZONA DEPARTMENT O TUCSON, ARIZONA 85749
' o ATTN: MR. BRUCE SMALL
OF TRANSPORTATION z
ALUMINUM CAP IN
CONCRETE
FND ARIZONA DEPARTMENT OF
TRANSPORTATION ALUMINUM
CAP IN CONCRETE
S 89040'30" E 453.39'
--
BASIS OF BEARINGS________________-
P: (520) 444-7186
E: bruce.small@cox.net
INTHE S1/2OF
SECTION 29, T. 11 S., R. 14 E., G.&S.R.M., TOWN
OF ORO VALLEY, PIMA COUNTY, ARIZONA
LOCATION MAP ORT"
(�D
3"-1MILE
LEGEND
EXISTING EASEMENT
RIGHT-OF-WAY
PROJECT BOUNDARY LINE
OTHER PARCEL LINE
ROADWAY CENTERLINE
RECORDED DISTANCE
SURVEY MONUMENTATION AS NOTED
SEQUENCE
FEE
STATE OF ARIZONA
TOWN OF ORO VALLEY
I HERBY CERTIFY THAT THE INSTRUMENT
WAS FILED FOR RECORD AT THE REQUEST
OF
DATE
TIME
WITNESS MY HAND AND OFFICIAL SEAL
DAY AND YEAR WRITTEN ABOVE
(NAME), (COUNTY RECORDER)
BY
DEPUTY
NOTES
1. ALL DIMENSIONS SHOWN ON THIS MAP ARE MEASURED OR A CALCULATED
DERIVATIVE THEREOF UNLESS STATED OTHERWISE.
2. THE BASIS OF BEARINGS IS THE MONUMENTED SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 29, T.11 S., R.14 E., G.&S.R.M., AS SHOWN
ON THIS MAP AND THE DEED RECORDED AT DOCKET 11770 AT PAGE 849,
RECORDS OF PIMA COUNTY, ARIZONA. THE BEARING OF SAID LINE IS SOUTH
8904030" EAST.
'
OWNER/DEVELOPER
N
WCCP RANCHO VISTOSO LLC
6900 E CAMELBACK RD STE 280
�w
SCOTTSDALE, ARIZONA 85251
ATTN: MR. PHIL SKILLINGS
P: 520.977.6369
E: phil.skillings@naihorizon.com
;o
o
�z
C Y
E S S
CIVIL DEVELOPMENT;
fl ,
BY: .......................
OV-
DATE: 12/22/2015
SCALE: 111=50'
RANCHO VISTOSO CENTER
MINOR LAND DIVISION
A PORTION OF THE SOUTH HALF OF SECTION 29, T. 11 S., R.
14 E., G&S.R.M., TOWN OF ORO VALLEY, PIMA COUNTY,
ARIZONA
2102 north country club road
suite #9
tucson, arizona 85716
p: 520.561.4983
e: kmhall@cypresscivil.com
Q�o�essionarF
37624
KEVIN M f
a HALL OF
ONA v S
1
Fkoires 06/30 "'
RANCHO VISTOSO CENTER
O
Z
LU
W
D
a
LU
U)
SEQUENCE NO.
RANCHO VISTOSO CENTER
1�
FND 1 2" IRON PARCEL #223-02-01613 _
REBAR TAGGED RLS UNSUBDIVIDED
7599 , - DKT-10984, PG. 161 N 00-40'57" E 1,062.89�
15' WATER EASEMENT � �
S 89018'29" E 722.48' PER DKT. 10233 PG. 515
,i
20' SEWER EASEMENT :;
PER DKT. 10010 PG. 450 h a .----,,,,, ....,N» ---- -_. m .
F
1-7
' % : ' z � ;•. '.:. ,az .'?'"`X-.tee ._. -> , . !o, E'+&..' � t :t
I 15' WATER EASEMENT'
{-
i PER DKT. 10233 PG. 515
Ln 15 UTILITIES EASEMENT:
I;
In ; PER DKT. 10041 PG. 699 i
PARCEL #223-02-017F
UNSUBDIVIDED o %
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. _... _ __ ....
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l _
FOUND ALUMINUM CAP f` ,' Il ,:, �22.N24' WATER EASEMENT !
STAMPED RLS 22788 f ; X PER DKT. 10233 PG. 515 `F
fir' f` ;•. E �) -fr : E j—' E i �' �
ti ;,/' F I,�(r/�'j ak yt/' f...iil'./✓..,��/,.g'/.,�%•�Y/�.!cd.4/-!>� SL<!:G11.:.,�j
rr ( ry I c a t
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j l � � //j yak, X• O +�,, •A s f' Ey jj { 5 N A .. d '•
CD
f / i
,
15' WATER EASEMENT
d; PER DKT.10233 PG. 515 Ln
7 SEE SHEET 2 FOR PARCEL 2 o
� s.r BOUNDARY DETAIL. /' ' ,' / or
_ o
f�, ,J"6 ✓ �•,.! x -- .. i ,,,,<a..—�.,.._ ✓sic=-,,,,,,,,,.,,R—w..,, fl,i r
;�/�Yf/nT „- ayianrrn�e v� e
"PARCEL 1 .._ � .
477,148 SQ. FT. _
`Q f `;` ;` - ✓' f 10.9538 ACRES
(t
LIMITS OF AREA DESCRIBED
PARCEL #223-02-017P
t j` PARCEL 2 �; BY DKT. 8543 PG. 511 - ,
UNSUBDIVIDED j 22,60$ SQ. FT.
30 PUBLIC UTILITIES
DKT-10237, PG. 2166 „' i;'` ;� 0.5190 ACRES ", ,,-'':x�.x_ W�.M EASEMENT
; PER SEQ. 20132610597
FND N D :
& RLS 12214 � , ,,� i �% 13
15' UTILITIES EASEMENT 15'X15' ELECTRICAL
PER DKT. 10041 PG. 699 EASEMENT PER DKT. 10521 g r
PG. 238 I
20' SEWER EASEMENT � , _ _• -- _..�.x
'.,� r � j ' rA.Ui+.:AAYi� ./. JY. ..'J, �Y+c'.h'� 'J,NAAALYII.f w1,:i 3d"r�G ti� "' I
PER DKT. 1 1 P .w,a,,,,,_ �._.
' i. 4
00 0 G. 450 =~"�15 UTILITIES EASEMENT FND N&D RLS 12214 '
FND BENT 5 8 IRON REBAR
PER DKT. 10041 PG. 699 TAGGED RLS 12214
LIMITS OF AREA DESCRIBED
BY DKT. 8543 PG. 511 t „ F,' _ 'L N 89"17'28" W 272.32 16 SOUTH AND 0.11 EAST
INGRESS EGRESS 15'WATER EASEMENT
ROADWAY n 4`
STRUCTURE ETC. EASEMENT �
co
PER DKT. 10233 PG 515
PER DKT. 11770 PG. 841;` ` f 2 i 1 :IN I ! - -
FND N&D RLS 12214 `+
SET NAIL AND 1.5" DISK
\ STAMPED RLS 12122
FND NAIL AND DISK
STAMPED RLS 12214
0.59' NORTHWESTERLY
-_ f f
-, 15' WATER EASEMENT F= x
f` Jf er ,• � I i
is
g cP, , NATURAL GAS EASEMENT —
PER
DKT. 10233 PG. 515�/ !:. �,i✓�i�l i
PER DKT. 8106 PG. 1973 ;
LIMITS OF AREA DESCRIBED "'� - i '� r 4.•,.,,, " ,.uuti,,, _.._
f
FND ARIZONA DEPARTMENT OF
TRANSPORTATION ALUMINUM
CAP IN CONCRETE
M SET NAIL AND 1.5"
DISK
STAMPED RLS 12122
5
4
5 �x
F
5
G
SCALE: 1"=50'
0 50 100
U
Q 0
w
Q
(V � 0
o
EE r.
W vi
U 0),
Z>-
}
W Q
0
L
z
0
V)
U
D
TH IS
PROJECT
(R)
0
•
u
LEGEND
INTHE S1/2OF
SECTION 29, T. 11 S., R. 14 E., G.&S.R.M., TOWN
OF ORO VALLEY, PIMA COUNTY, ARIZONA
LOCATION MAP NORTV.
(�) 4
3" - 1 MIL
EXISTING EASEMENT
RIGHT-OF-WAY
PROJECT BOUNDARY LINE
OTHER PARCEL LINE
ROADWAY CENTERLINE
RECORDED DISTANCE
SURVEY MONUMENTATION AS NOTED
SURVEY MONUMENTATION TO BE SET
NOTES
I
SEQUENCE
FEE
STATE OF ARIZONA
TOWN OF ORO VALLEY
I HERBY CERTIFY THAT THE INSTRUMENT
WAS FILED FOR RECORD AT THE REQUEST
OF
DATE
TIME
WITNESS MY HAND AND OFFICIAL SEAL
DAY AND YEAR WRITTEN ABOVE
(NAME), (COUNTY RECORDER)
BY
DEPUTY
1. ALL DIMENSIONS SHOWN ON THIS MAP ARE MEASURED OR A CALCULATED
DERIVATIVE THEREOF UNLESS STATED OTHERWISE.
200' RIGHT OF WAY 2. THE BASIS OF BEARINGS IS THE MONUMENTED SOUTH LINE OF THE SOUTHEAST
(PUBLIC) QUARTER OF SECTION 29, T.11 S., R.14 E., G.&S.R.M., AS SHOWN ON THIS MAP
AND THE DEED RECORDED AT DOCKET 11770 AT PAGE 849, RECORDS OF PIMA
COUNTY, ARIZONA. THE BEARING OF SAID LINE IS SOUTH 89°40'30 EAST.
15'X25' GAS EASEMENT
PER SEQ. 2013100045
BY DKT. 8543 PG. 511 PARCEL �"� "`°r ,
wb 10 ELECTRICAL AND
€g . '�� ..F i._ n:° COMMUNICATIONS
t' • 00
#223--02-017H m �'` � �
UNSUBDIVIDED o !
a � � y EN
SEQ. #20072080640 .....- - f4 -' EASEMENT
-- z
;• � _...._ PER DKT.1 PG. 238
� _ __ _, .... _.__._......__ 1052 FND 1/2" -IRON REBAR
TAGGED RLS 7599
FND 5/8" IRON REBAR
_ C__4 a 3 i I € I =. 15' UTILITIES EASEMENT �,,, ...».,,,..,,.,,, -,» 3
ITAGGED RLS 12214
PER DKT. 10020 PG. 347 8 , 0.08' SOUTH AND 0.03' WEST
FND 1/2" IRON REBAR 1-
WITH PLASTIC CAP:`
STAMPED RLS 31020
FND N&D RLS 12214 - "` "` -_-� N 89019'53"W 13.79'
0.11' NORTH`
0.11' NORTH
--� _ RANCHO VISTOSO BOULEVARD (PUBLIC)
DKT. 7868, PG. 1456 P.C.R.
CURVE TABLE
#
DELTA
RADIUS
ARC
CHORD
BEARING
C1
089056'07"
26.00'
40.81'
36.75'
N 44"19'25" W
C2
072018'02"
26.00'
32.81'
30.68'
S 54�33'31" W
C3
001055'41"
1,425.00'
47.95'
47.95'
N 74018'32" W
C4
014002'04"
1,425.00'
349.05'
348.17'
N 82011'25" W
FND GLO STONE WITH 1/4
SCRIBED ON NORTH FACE
0 SJ
�m
LD
i
3• ACCESS, PARKING AND UTILITY USE WITHIN THE DEVELOPMENT IS SHARED BY ALL
PROPERTY OWNERS OF THE DEVELOPMENT AND IS PRESCRIBED BY THE
DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR RANCHO
VISTOSO CENTER RECORDED IN DOCKET 10348 AT PAGE 556.
N 9 19 53 W 440 07` t FND 5/8" IRON REBAR
TAGGED RLS 14145
- _
0.26' SOUTH AND 0.03' WEST
i
' m
m
I LuSURVEYOR
CERTIFICATION OF BOUNDARY SURVEY
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS DRAWING
WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING OR PROPOSED
SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED.
FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION.
1. Ln BRUCE SMALL SURVEYS, INC.
0 3040 N. CONESTOGA AVE.
o TUCSON ARIZONA 85749
1= FND ARIZONA DEPARTMENT t o ATTN: MR. BRUCE SMALL
o OF TRANSPORTATION z P: (520) 444-7186
r+ ALUMINUM CAP IN E: bruce.small@cox.net
CONCRETE
FND ARIZONA DEPARTMENT 01
TRANSPORTATION ALUMINUM
CAP IN CONCRETE
S 89'40'30" E 453.39'
BASIS OF BEARINGS
OWNER/DEVELOPER
WCCP RANCHO VISTOSO LLC
6900 E CAMELBACK RD STE 280
SCOTTSDALE, ARIZONA 85251
ATTN: MR. PHIL SKILLINGS
P: 520,977.6369
E: phil.skillings@naihorizon.com
EXPIRES 06/30/2016
APPROVED 6Y: TC/P
I
OV-1600029
SEQUENCE NO. RANCHO VISTOSO CENTER
C
SURVEYOR
BRUCE SMALL SURVEYS, INC.
3040 N. CONESTOGA AVE.
TUCSON, ARIZONA 85749
ATTN: MR. BRUCE SMALL
P: (520) 444-7186
E: bruce.small@cox.net
k'
� I
00
57
ii
a
SEE SHEET 1 FOR TIE
INFORMATION
SCALE: 1"=10'
CURVE TABLE
#
DELTA
RADIUS
ARC
CHORD
BEARING
Cl
076059'04"
12.98'
17.44'
16.16'
N 38038'35" W
C2
180000'00"
1.15'
3.61'
2.30'
N 89'15'10" W
C3
022'4649"
33.27'
13.23'
13.14'
S 25036'34" W
C4
148'34'09"
3.05'
7.91'
5.87'
N 63010'23" W
C5
170002'39"
3.35'
9.94'
6.67'
S 84009'10" E
C6
180'00100"
1.15'
3.61'
2.30'
S 8901S'10" E
C7
021017'07"
20.31'
7.55'
7.50'
N 08"58'21" W
C8
082055'46"
9.14'
13.23'
12.10'
N 41010'53" E
C9
068052'23"
2.41'
2.90'
2.73'
N 42010'29" E
C10
013045'17"
8.36'
2.01'
2.00'
N 83041'29" E
C12
093020'05"
21.80'
35.51'
31.71'
S 42017'27" E
C12
045012'15"
2.50'
1.97'
1.92'
S 67058'37" W
C13
136*04'14"
2.12'
5.03'
3.93'
S 25007'53" E
C14
039034'23"
33.87'
23.39'
22.93'
S 64017'03" W
L29
z
3
OWNER/DEVELOPER
WCCP RANCHO VISTOSO LLC
6900 E CAM ELBACK RD STE 280
SCOTTSDALE, ARIZONA 85251
ATTN: MR. PHIL SKILLINGS
P:
E:
LINE TABLE
# JLENGTH
BEARING
L1
124.63'
N 89003' 10" W
L2
12.41'
N 00044'19" E
L3
9.03'
N 89016'04" W
L4
0.49'
S 00043'25" W
L5
0.48'
N 00043'25" E
L6
9.01'
N 89016'04" W
L7
0.06'
SOUTH
L8
5.07'
S 42041'02" W
L9
42.42'
N 10058'53" E
L10
2.04'
S 00"3342" W
L11
8.99'
S 89007'37" E
L12
1.32'
N 00043'25" E
L13
1.32'
S 00043'25" W
L14
9.05'
S 89007'37" E
L15
34.82'
N 0004426" E
L16
15.96'
N 20030'05" W
L17
12.25'
N 01012'57" E
L18
0.20'
NORTH
L19
29.75'
S 89016'06" E
L20
5.04'
N 00'40'55" E
L21
16.61'
S 8902041" E
L22
5.06'
S 00"47'33" W
L23
S8.02'
S 89016'45" E
L24
27.66'
N 74"34'01" E
L25
11.47'
S 89'21'02" E
L26
13.53'
SOUTH
L27
16.06'
S 00044'57" W
L28
24.23'
S 00'56'45" W
L29
1,91'
S 23004'50" W
L30
16.09'
N 89'51'27" W
L31
44.94'
S 00'43'36" W
L32
16.32'
S 89"24'11" E
L33
11.60'
S 82"49' 11" W
L34
1.40'
S 87008'15" W
OV-1600029
0
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SEQUENCE NO. KAIVI.HU V lJ l UJU t.,tll I LM