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HomeMy WebLinkAboutProperty - Deeds/Titles - 5/3/2005, Warranty Deed, Vistoso Partners, LLC (Grantor) to TOV, First Avenue: CDO Wash to Tangerin F. ANN RODRIGUEZ, RECORDER DOCKET: 12544 RECORDED BY: D K oFI.4- PAGE: 4 219 DEPUTY RECORDER 4� �' �'� NO. OF PAGES: 4 7864 PE3 w ., �► z SEQUENCE: 20050850883 TFATI "4010):47 05/03/2005 TOWN OF ORO VALLEY `9�IZ01`�?' WTDEED 17:3 0 11000 N LA CANADA DR AFFIDAVIT ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 12.00 Oro Valley, AZ 85737 b•�§fes, s 1l i t• = r,g''�£ h ? .�_..L ti-�. WARRANTY DEED File No. 475-4458722(jas) For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, I or we, Vistoso Partners, L.L.C.,an Arizona Limited Liability Company, the GRANTOR does hereby convey to Town of Oro Valley,a municipal corporation within the State of Arizona, the GRANTEE the following described property situate in Pima County, Arizona: SEE EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF Subject To: Existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. And the GRANTOR binds itself and its successors to warrant the title as against its acts and none other, subject to the matters set forth. DATED: April 14, 2005 • Vistoso Partners, L.L.C., an Arizona Limited Liability Company By: Brandon D. Wolfswinkel, Manager R dl�l• ku A.P.N.: 219-22-4220 Warranty Deed - continued File No.: 475-4458722(jas) STATE OF ) )ss. County of P ) On gc—) , before me, the undersigned Notary Public, personally appeared Vis ;so Partners, L.L.C.,an Arizona Limited Liability Company, personally known to me(or 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 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. WITNESS my hand and official seal. /114 My Commission Expires: Notary Public 82f—OC NOTARY PUBLIC STATE OF ARIZONA MARICOPA COUNTY KARLA WILSON My Commission Expires Nov,28,2001 tiN�f Yn, 4,, N' s�� a � 1 Exhibit B Legal Description: PARCEL 1: PORTION OF NEIGHBORHOOD 10, PARCEL A E-ZONE WATER RESERVOIR That portion of the Southwest quarter of Section 26,Township 11 South, Range 13 East,Gila and Salt River Meridian, Pima County Arizona,described as follows: COMMENCING at the Southwest corner of said Section 26; Thence North 00 degrees 01 minutes 00 seconds West along the West line of said Southwest quarter, 1030.00 feet to the POINT OF BEGINNING; Thence continue North 00 degrees 01 minutes 00 seconds West,439.04 feet; Thence South 89 degrees 58 minutes 50 seconds East, 509.43 feet; Thence South 00 degrees 01 minutes 10 seconds West, 135.00 feet; Thence South 55 degrees 01 minutes 10 seconds West,530.00 feet; Thence South 89 degrees 59 minutes 00 seconds West,75.00 feet to the POINT OF BEGINNING. RESERVING UNTO THE GRANTOR(S),as easement for ingress,egress and utilities,over the following strip of land: That portion of the Southwest quarter of Section 26,Township 11 South, Range 13 East,Gila and Salt River Meridian, Pima County,Arizona,described an follows: COMMENCING at the Southwest corner of said Section 26; Thence North 00 degrees 01 minutes 00 seconds West along the West line of said Southwest quarter, 1,030.00 feet to the POINT OF BEGINNING Thence continue North 00 degrees 01 minutes 00 seconds West,439.04 feet; Thence South 89 degrees 58 minutes 50 seconds East, 50.00 feet; Thence South 00 degrees 01 minutes 00 seconds East,439.01 foot; , Thence South 89 degrees 59 minutes 00 seconds West,50.00 feet to the POINT OF �N, BEGINNING. PARCEL 2: 11: "1 An easement as an appurtenance to Parcel 1 above,for ingress,egress and utilities,over the West 50 feet of the South 1,030.00 feet of the Southwest Quarter of Section 26, Township 11 South, Range 13 East,Gila and Salt River Meridian, Pima County,Arizona Page 1 of 2 EXCEPT any portion lying within Moore Road. 1,4 ,41 •p Page 2 of 2 stewart 3939 E. Broadway Blvd. Tucson,AZ 85711 ►title & trust of tucson Phone: (520)327-7373 Fax: (520)795-9646 Town of Oro Valley Lynn Garcia Public Works Dept. 11000 N. La Canada Dr. Oro Valley, AZ 85737 Re: Order No.: 05004550 Policy No.: AOJP-1301-142971 Dear Sir or Madam: In connection with the completion of the transaction recently handled by us for you, we are pleased to enclose your policy of title insurance. Our Company now has a special file set up on this property, therefore, we are in a position to render you excellent service in future transactions. We appreciate having had the opportunity of serving you in this transaction, and hope we have handled it to your satisfaction. Very truly yours, STEWART TITLE&TRUST OF TUCSON By: Kenneth E. Bock, Vice President stewart® 99"C'1 title guaranty company 1 OWNER'S POLICY - J.P.-LOAN ' Land Title Association of Arizona Standard Coverage Policy-1974 10\terr rz,.0-1-'r.c.1-;--I4-*.j-t.a?,.c.- - s! !!o!!C!!Q!!Ce!!Q! �C! ?: .7;`,"0`,4?C!,Cs s s�s s"„ stis t;s r2„, s i=,-";---- - ;-7-7.• -=--- •-;-::-;--Z- --:-,- ;." ;-;. -'.;'''',-; ':,--C, :---, -;-----: * _;.," -"----';-*-?---,-, ----Z-?i aftfr. �'0�+\�(� I - `vim __ A w w �� w `�A �� A,_ i `�/ � - w w �� A A A A _ A�_- �/ _i A SCC/A�� �y `"'ice A�A�T/A����A`�A ,��/ '(*, lie v POLICY OF TITLE INSURANCE ISSUED BY (t'' 3 k c, 4 '0' 'V. ' git::$ $:,1,::: i.((ti ,,,)) C('' '::)), 0'.v stewart h"V „iti,1,11) Igit.::)P 0,,, ►title guaranty company (, )) ,0 \,► ((p3 Of':ii)< SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE c� ( ►, GUARANTY COMPANY, a Texas corporation, herein called the Company, insures the insured, as of Date of Policy (c )i) (fe)) shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, ((i, )) ,if'` attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said '.V ' $„,/,:)).< insured by reason of: ; ' _ (c% „)) ((l 6 )l) Al 0 A)) \V 1. Title to the estate or interest described in Schedule A bein vested other than as stated therein; ', A (( !)} 2. Anydefect in or lien or encumbrance on such title; '( '' ((, ,)) (((, ), . 'e' " 1,A, 3. Unmarketability of such title;or11 �, ( \(i,, )) ( ►; ((, ,:0 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if ,\(V)) the land,in fact,abuts upon one or more such streets or highways; 0. ie `((,, ► and in addition, as to an insured lender only: ),0 ', ', ,.) 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, ( CIO or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon '(,V," ((,, ,,)y' a. usury,or (( )); V V 4 b. any consumer credit protection or truth in lending law;CA,0 f V . i, (((1112)1 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule ) �(( ' B in the order of its priority; or :.,A,); '0 '4 ((;;,ifti)), 7. Invalidityof anyassignment of the insured mortgage, such assignment is shown in Schedule B. V ', 9providedg ),, .iti :, 0, 4,,,y1:', < ' $;.. ) Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. 0 ‘',"'A,)),(1 ((( ), ((� )), steWarf-title guaranty company is ,►, :',11)) difiktbk. (1 . ))) V' AidtriffiC (ht440 f • A111(1014 'c9,,,ii, f,,,;,;:o 014 c Chairman of the Board 4 »e `"' President " t:,,A $‘ 0*P 044 Countersigned: 14,., 0� $,,.11:',6) ' STEWARTTITLE & TRUST V.k.' ' 908 A >`�(1,314",4 �' ,'V- ._ _ NZ/Z:000e ' V , i,;:i:),, 0 6s$ ‹....... .-r-__,TS1....--4— ' v . 411,0 is-.'),, Authorized Countersignature %re i:->".1b7-. " * PE °O 1AOJP-1301-14 2 9 7 .� � T44, �;�'41 .�, � :,----= -.� � � � ,�, _, . — � ;– ----, ..,, _, _ ��I. CONDITIONS AND STIPULATIONS 1. Definition of Terms favor of any purchaser from such insured of either said estate or The following terms when used in this policy mean: interest or the indebtedness secured by a purchase money mortgage given to such insured. (a) "insured": the insured named in Schedule A,and,subject to any rights or defenses the Company may have had against the named 3. Defense and Prosecution of Actions—Notice of Claim to be insured, those who succeed to the interest of such insured by operation Given by an Insured Claimant of law as distinguished from purchase including, but not limited to, heirs,distributees,devisees, survivors, personal representatives, next of (a) The Company,at its own cost and without undue delay,shall kin, or corporate or fiduciary successors. The term "insured" also provide for the defense of an insured in litigation to the extent that includes (i) the owner of the indebtedness secured by the insured such litigation involves an alleged defect, lien, encumbrance or other mortgage and each successor in ownership of such indebtedness matter insured against by this policy. (reserving,however,all rights and defenses as to any such successor who (b) The insured shall notify the Company promptly in writing(i) acquires the indebtedness by operation of law as described in the first in case of any litigation as set forth in(a)above,(ii) in case knowledge sentence of this subparagraph (a) that the Company would have had shall come to an insured hereunder of any claim of title or interest against the successor's transferor), and further includes (ii) any which is adverse to the title to the estate or interest or the lien of the governmental agency or instrumentality which is an insurer or insured mortgage, as insured,and which might cause loss or damage for guarantor under an insurance contract or guaranty insuring or guar- which the Company may be liable by virtue of this policy, or (iii) if anteeing said indebtedness, or any part thereof,whether named as an title to the estate or interest or the lien of the insured mortgage, as insured herein or not,and (iii) the parties designated in paragraph 2(a) insured, is rejected as unmarketable. If such prompt notice shall not be of these Conditions and Stipulations. given to the Company, then as to such insured all liability of the (b) "insured claimant": an insured claiming loss or damage Company shall cease and terminate in regard to the matter or matters hereunder, for which such prompt notice is required; provided, however, that (c) "insured lender": the owner of an insured mortgage. failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such (d) "insured mortgage": a mortgage shown in Schedule B, the failure and then only to the extent of such prejudice. owner of which is named as an insured in Schedule A. (c) The Company shall have the right at its own cost to institute lel "knowledge": actual knowledge,not constructive knowledge and without undue delay prosecute any action or proceeding or to do or notice which may be imputed to an insured by reason of any public any other act which in its opinion may be necessary or desirable to records, establish the title to the estate or interest or the lien of the insured (f) "land": the land described, specifically or by reference in mortgage, as insured; and the Company may take any appropriate Schedule A,and improvements affixed thereto which by law constitute action, whether or not it shall be liable under the terms of this policy, real property;provided,however,the term"land"does not include any and shall not thereby concede liability or waive any provision of this area excluded by Paragraph No.6 of Part I of Schedule B of this Policy. policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other (d) Whenever the Company shall have brought any action or security instrument. interposed a defense as required or permitted by the provisions of this (h) "public records": those records which by law impart policy, the Company may pursue any such litigation to final deter- constructive notice of matters relating to the land. mination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion,to appeal from any adverse judgment or 2. (a) Continuation of Insurance after Acquisition of Title by order. Insured Lender (e) In all cases where this policy permits or requires the If this policy insures the owner of the indebtedness secured by Company to prosecute or provide for the defense of any action or the insured mortgage,this policy shall continue in force as of Date of proceeding, the insured hereunder shall secure to the Company the Policy in favor of such insured who acquires all or any part of the estate right to so prosecute or provide defense in such action or proceeding, or interest in the land described in Schedule A by foreclosure,trustee's and all appeals therein, and permit the Company to use, at its option, sale, conveyance in lieu of foreclosure, or other legal manner which the name of such insured for such purpose.Whenever requested by the discharges the lien of the insured mortgage, and if such insured is a Company, such insured shall give the Company, at the Company's corporation,its transferee of the estate or interest so acquired,provided expense, all reasonable aid (i) in any such action or proceeding in the transferee is the parent or wholly owned subsidiary of such insured; effecting settlement, securing evidence, obtaining witnesses, or pros- and in favor of any governmental agency or instrumentality which ecuting or defending such action or proceeding,and (ii) in any other act acquires all or any part of the estate or interest pursuant to a contract which in the opinion of the Company may be necessary or desirable to of insurance or guaranty insuring or guaranteeing the indebtedness establish the title to the estate or interest or the lien of the insured secured by the insured mortgage. After any such acquisition the mortgage,as insured, including but not limited to executing corrective amount of insurance hereunder, exclusive of costs, attorneys' fees and or other documents. expenses which the Company may be obligated to pay,shall not exceed the least of: 4. Proof of Loss or Damage—Limitation of Action (i) the amount of insurance stated in Schedule A; In addition to the notices required under Paragraph 3(b)of these (ii) the amount of the unpaid principal of the indebted- Conditions and Stipulations, a proof of loss or damage, signed and ness plus interest thereon, as determined under paragraph 6(a)(iii) sworn to by the insured claimant shall be furnished to the Company hereof, expenses of foreclosure and amounts advanced to protect the within 90 days after the insured claimant shall ascertain or determine lien of the insured mortgage and secured by said insured mortgage at the facts giving rise to such loss or damage. Such proof of loss or the time of acquisition of such estate or interest in the land;or damage shall describe the defect in,or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the (iii) the amount paid by any governmental agency or basis of loss or damage, and, when appropriate, state the basis of instrumentality, if such agency or instrumentality is the insured calculating the amount of such loss or damage. claimant, in acquisition of such estate or interest in satisfaction of its Should such proof of loss or damage fail to state facts sufficient insurance contract or guaranty. to enable the Company to determine its liability hereunder, insured (b) Continuation of Insurance after Conveyance of Title claimant, at the written request of Company, shall furnish such The coverage of this policy shall continue in force as of Date of additional information as may reasonably be necessary to make such Policy, in favor of an insured so long as such insured retains an estate or determination. interest in the land, or owns an indebtedness secured by a purchase No right of action shall accrue to insured claimant until 30 days money mortgage given by a purchaser from such insured, or so long as after such proof of loss or damage shall have been furnished. such insured shall have liability by reason of covenants of warranty Failure to furnish such proof of loss or damage shall terminate made by such insured in any transfer or conveyance of such estate or any liability of the Company under this policy as to such loss or interest; provided, however, this policy shall not continue in force in damage. SCHEDULE A ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 DATE OF POLICY: December 1, 2005 AMOUNT OF INSURANCE: $180,000.00 1. Name of Insured: Town of Oro Valley,a political subdivision of the State of Arizona 2. The estate or interest in the land described herein and which is covered by this policy is: FEE 3. Title to the estate or interest in the land is vested in: Town of Oro Valley, a political subdivision of the State of Arizona 4. The land referred to in this policy is situated in the State of Arizona, County of Pima, and is described as follows: See Exhibit A attached hereto and made a part hereof. stewart 99-C-1 ►title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 Exhibit A LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6,Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road(North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40"East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 754.54 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 100.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 30.00 feet; Thence South 00°-23'-36" East 100.00 feet; Thence South 89°-36'-24" West 30.00 feet to the True Point of Beginning, stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001 d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342,being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road (North First Avenue), Book 7 Page 83,Road Maps of Pirna County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road (North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 1395.35 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 53.36 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 39.00 feet; Thence South 00°-23'-36" East 53.36 feet; Thence South 89°-36'-24" West 39.00 feet to the True Point of Beginning. stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road(North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road (North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 2084.53 feet along the centerline of said Tangerine Road(North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 50.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 49.00 feet; Thence South 00°-23'-36" East 50.00 feet; Thence South 89°-36'-24" West 49.00 feet to the True Point of Beginning. stewarte 99-C-1 ►title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (RIGHT OF WAY) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001 d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°-27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, Book 7 Page 83 Road Maps of Pima County); Thence South 00°-23'-36" East 2456.92 feet along the centerline of Tangerine Road (North First Avenue) said Book 7 Page 83 Road Maps,to a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian; Thence South 00°-19'-04" East 171.68 feet continuing along the centerline of said Tangerine Road (North First Avenue); Thence South 89°-40'-18" East 50.00 feet to the easterly Right of Way of said Tangerine Road (North First Avenue) being a point on the south line of the south west quarter of said section 6, being also the True Point of Beginning; Thence North 00°-19'-04" West 172.28 feet along the easterly Right of Way of said Tangerine Road (North First Avenue); Thence North 00°-23'-36" West 2276.52 feet continuing along the easterly Right of Way of said Tangerine Road(North First Avenue)to the south line of that property described in Docket 10043 Page 986 recorded in Pima County; Thence South 89°-53'-37" East 25.00 feet along the said south line; Thence South 00°-23'-36" East 2276.32 feet along a line 25.00 feet offset and parallel with the easterly Right of Way of said Tangerine Road (North First Avenue); Thence South 00°-19'-04" East 172.57 feet continuing along the line 25.00 feet offset and parallel with the easterly Right of Way of said Tangerine Road(North First Avenue); Thence North 89°-40'-18" West 25.00 feet along the south line of the south west quarter of said section 6 to the easterly Right of Way of said Tangerine Road (North First Avenue) and the True Point of Beginning; . stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001 d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road(North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road (North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 60.32 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 410.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 30.00 feet; Thence South 00°-23'-36" East 410.00 feet; Thence North 89°-36'-24" East 10.00 feet; Thence South 0°-20'-51" East 153.54 feet; Thence South 89°-40'-56" West 40.00 feet to the True Point of Beginning. stewart 99-C-1 'title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road (North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 694.54 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 60.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 10.00 feet; Thence South 00°-23'-36" East 60.00 feet; Thence South 89°-36'-24" West 10.00 feet to the True Point of Beginning. stewart® 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001 d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pinna County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road(North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 854.58 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 100.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 10.00 feet; Thence South 00°-23'-36" East 100.00 feet; Thence South 89°-36'-24" West 10.00 feet to the True Point of Beginning. stewarte 99-C-1 ►title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian, and a point on the centerline of Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road (North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 2044.53 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 40.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 10.00 feet; Thence South 00°-23'-36" East 40.00 feet; Thence South 89°-36'-24" West 10.00 feet to the True Point of Beginning. stewart 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342, being the southeast corner of Section 1, Township 12 South, Range 13 East, Gila and Salt River Meridian,and a point on the centerline of Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the west quarter corner of said section 6, being also a point on the centerline of said Tangerine Road (North First Avenue), being also a brass capped survey monument LS 15342, lies North 00°-23'-36" West 2456.92 feet distant. (North 00°-03'-40" East 2457.09 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-23'-36" West 2134.53 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 75.00 feet to the True Point of Beginning; Thence North 00°-23'-36" West 70.00 feet on a line 75.00 foot offset easterly and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-36'-24" East 10.00 feet; Thence South 00°-23'-36" East 70.00 feet; Thence South 89°-36'-24" West 10.00 feet to the True Point of Beginning. stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-0160 A Portion of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800, recorded in Pima County, said brass capped survey monument lying North 38°-31'-03" West 800.15 feet(North 37°-58'-02" West 800.00 feet record) from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence South 51°-28'-20" West 200.05 feet to a#4 rebar marking the southerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence North 38°-29'-47" West 130.82 feet along the southerly Right of Way of First Avenue, being the True Point of Beginning. Thence continuing North 38°-29'-47" West 70.00 feet along the southerly Right of Way of First Avenue; Thence South 51°-30'-13" West 67.00 feet; Thence South 38°-29'-47" East 70.00 feet; Thence North 51°-30'-13" East 67.00 feet to the True Point of Beginning. stewar•te 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-0160 A Portion of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800, recorded in Pima County, said brass capped survey monument lying North 38°-31'-03" West 800.15 feet(North 37°-58'-02" West 800.00 feet record) from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence South 51°-28'-20" West 200.05 feet to a#4 rebar marking the southerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800, being the True Point of Beginning. Thence North 38°-29'-47" West 130.82 feet along the southerly Right of Way of First Avenue; Thence South 51°-30'-13" West 20.00 feet; Thence South 38°-29'-47" East 130.82 feet to the northerly line of said 800.00 foot wide drainageway; Thence North 51°-30'-13" East 20.00 feet to the True Point of Beginning. stewart 99-C-1 'title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-0160 A Portion of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800, recorded in Pima County, said brass capped survey monument lying North 38°-31'-03" West 800.15 feet(North 37°-58'-02" West 800.00 feet record)from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence South 51°-28'-20" West 200.05 feet to a#4 rebar marking the southerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence North 38°-29'-47" West 200.82 feet along the southerly Right of Way of First Avenue, being the True Point of Beginning. Thence continuing North 38°-29'-47" West 166.77 feet along the southerly Right of Way of First Avenue to the beginning of a non-tangent curve concave southerly, being that spandrel described in said Docket 7571 Page 800, whose radius point lies South 52°-23'-14" West 50.00 feet distant; Thence westerly along said spandrel through a central angle of 89°-22'-21", a distance of 77.99 feet (77.23 feet record)to the new southerly Right of Way of Lambert Lane as described in said Docket 7571 Page 800; Thence South 53°-00'-12" West 41.25 feet along the said southerly Right of Way of Lambert Lane; Thence South 36°-59'-48" East 20.00 feet; Thence North 53°-00'-12" East 41.25 feet to the beginning of a non-tangent curve concave southerly, being concentric with said spandrel described in said Docket 7571 Page 800, whose radius point lies South 36°-59'-06" East 30.00 feet distant; Thence easterly along said curve through a central angle of 89°-22'-21", a distance of 46.80 feet; Thence South 38°-29'-47" East 167.08 feet; Thence North 51°-30'-13" East 20.00 feet to the True Point of Beginning. stewart 99-C-1 'title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-09-0160 A Portion of Section 7, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument marking the new northerly Right of Way of First Avenue and the northerly line of a 800.00 foot wide drainageway as described in Docket 7571 Page 800, recorded in Pima County, said brass capped survey monument lying North 38°-31'-03" West 800.15 feet(North 37°-58'-02" West 800.00 feet record) from a brass capped survey monument marking the northerly Right of Way of First Avenue and the southerly line of a 800.00 foot wide drainageway as described in said Docket 7571 Page 800; Thence North 38°-28'-21" West 428.76 (428.74 feet record) feet along the northerly Right of Way of First Avenue to the beginning of a non-tangent curve concave northeasterly, marked by a brass capped survey monument, whose radius point lies North 51°-29'-17" East 2191.83 feet distant and whose end lies North 19°-25'-1 1" West 1433.85 feet distant, marked by a brass capped survey monument; Thence northwesterly along said curve and northerly Right of Way through a central angle of 12°-10'- 30", a distance of 465.75 feet; Thence South 63°-39'-47" West 200.00 feet to the southerly Right of Way of said First Avenue to the True Point of Beginning; Thence continuing South 63°-39'-47" West 40.00 feet to the beginning of a non-tangent curve concave northeasterly whose radius point lies North 63°-39'-47" East 2431.83 feet distant; Thence northwesterly along said curve through a central angle of 01°-30'-04", a distance of 63.72 feet; Thence North 65°-09'-51" East 40.00 feet to the southerly Right of Way of said First Avenue; Thence southeasterly along said curve and southerly Right of Way through a central angle of 01°-30'-04", a distance of 62.67 feet to the True Point of Beginning. stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, and the centerline-centerline intersection of Palisades Road, Book 8 Page 37, Road Maps of Pima County and Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°- 27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, said Book 7 Page 83,) and the center quarter corner lies South 89°-53'-37" East 2598.86 feet(2599.88 feet record, said Book 8 Page 37); Thence South 89°-53'-37" East 700.49 feet along the centerline of said Palisades Road; Thence North 00°-06'-23" East 45.00 feet to the Northerly Right of Way of said Palisades Road, being the beginning of a non-tangent curve concave northeasterly, whose radius point lies North 00°-06'-23" East 591.62 distant to the True Point of Beginning; Thence North 66°-27'-49" West 133.49 feet to a point of curvature of a 681.62 foot radius curve concave southwesterly; Thence westerly along said curve an arc length of 84.18 feet through a central angle of 7°-04'-33"; Thence North 16°-27'-36" East 10.00 feet to the beginning of a non-tangent curve concave southwesterly, whose radius point lies South 16°-27'-36" West 681.62 distant; Thence southeasterly along said curve an arc length of 48.89 feet through a central angle of 4°-03'-00"; Thence North 20°-30'-36" East 10.00 feet; Thence southeasterly along said curve an arc length of 37.06 feet through a central angle of 3°-01'-35"; Thence South 66°-27'-49" East 133.49 feet; Thence South 23°-32'-11" West 20.00 feet to the True Point of Beginning. stewart® 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001 d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°-27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-27'-46" West 260.16 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 75.00 feet to the True Point of Beginning; Thence North 00°-27'-46" West 77.09 feet along a line offset easterly 75.00 feet and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 42.00 feet; Thence South 00°-27'-46" East 47.00 feet; Thence South 89°-32'-14" West 15.00 feet; Thence South 00°-27'-46" East 30.09 feet; Thence South 89°-32'-14" West 27.00 feet to the True Point of Beginning. stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°-27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-27'-46" West 448.00 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 75.00feet to the True Point of Beginning; Thence North 00°-27'-46" West 60.00 feet along a line offset easterly 75.00 feet and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 50.O0feet; Thence South 00°-27'-46" East 60.00 feet; Thence South 89°-32'-14" West 50.00 feet to the True Point of Beginning stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°-27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-27'-46" West 1563.18 feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 75.O0feet to the True Point of Beginning; Thence North 00°-27'-46" West 55.00 feet along a line offset easterly 75.00 feet and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 37.O0feet; Thence South 00°-27'-46" East 55.00 feet; Thence South 89°-32'-14" West 37.00 feet to the True Point of Beginning stewarte 99-C-1 ►title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (DRAINAGE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°-27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, Book 7 Page 83 Road Maps of Pima County); Thence North 00°-27'-46" West 2044.87feet along the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 75.00feet to the True Point of Beginning; Thence North 00°-27'-46" West 46.00 feet along a line offset easterly 75.00 feet and parallel with the centerline of said Tangerine Road (North First Avenue); Thence North 89°-32'-14" East 45.00 feet; Thence South 00°-27'-46" East 46.00 feet; Thence South 89°-32'-14" West 45.00 feet to the True Point of Beginning. stewarte 99-C-1 .title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (RIGHT OF WAY) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, and the centerline-centerline intersection of Palisades Road, Book 8 Page 37, Road Maps of Pima County and Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°- 27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, said Book 7 Page 83,) and the center quarter corner lies South 89°-53'-37" East 2598.86 feet(2599.88 feet record, said Book 8 Page 37); Thence South 89°-53'-37" East 700.49 feet along the centerline of said Palisades Road; Thence North 00°-06'-23" East 45.00 feet to the Northerly Right of Way of said Palisades Road, being the True Point of Beginning and also being the beginning of a non-tangent curve concave northeasterly, whose radius point lies North 00°-06'-23"East 591.62 distant; Thence westerly along said curve an arc length of 241.93 feet through a central angle of 23°-25'-47", to a point of tangency; Thence North 66°-27'-49" West 133.49 feet to a point of curvature of a 681.62 foot radius curve concave southwesterly; Thence westerly along said curve an arc length of 231.38 feet through a central angle of 19°-26'-59"to a point of reverse curvature; Thence northwesterly along said reversed curve, whose radius point lies North 04°-05'-12" East 50.00 feet distant, an arc length of 74.57 feet through a central angle of 85°-27'-02"to a point offset 75.00 feet easterly from the centerline of said Tangerine Road (North First Avenue); Thence North 00°-27'-46" West 2378.72 feet along a line offset 75.00 feet easterly from the centerline of said Tangerine Road (North First Avenue)to a point on the northerly line of the northwest quarter of said Section 6; Thence South 89°-55'-18" West 25.00 feet along the northerly line of the northwest quarter of said Section 6, to the easterly Right of Way of said Tangerine Road (North First Avenue); Thence South 00°-27'-46" East 2584.45 feet along the easterly Right of Way of said Tangerine Road (North First Avenue)to Northerly Right of Way of said Palisades Road; stewart 99-C-1 ►title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 Thence South 89°-53'-37" East 650.93 feet along the Northerly Right of Way of said Palisades Road to the True Point of Beginning. 99_�_, stewart® title guaranty company ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 LEGAL DESCRIPTION (SLOPE EASEMENT) FIRST AVENUE: CDO WASH TO TANGERINE ROAD TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 220-06-001d A Portion of Section 6, Township 12 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Beginning at a brass capped survey monument LS 15342 being the west quarter corner of said section 6, and the centerline-centerline intersection of Palisades Road, Book 8 Page 37, Road Maps of Pima County and Tangerine Road (North First Avenue), Book 7 Page 83, Road Maps of Pima County, from which the northwest corner of said section 6, being also a brass capped survey monument LS 15342, lies North 00°- 27'-46" West 2629.29 feet distant. (North 00°-00'-50" West 2629.01 feet record, said Book 7 Page 83,) and the center quarter corner lies South 89°-53'-37"East 2598.86 feet(2599.88 feet record, said Book 8 Page 37); Thence South 89°-53'-37" East 700.49 feet along the centerline of said Palisades Road; Thence North 00°-06'-23" East 45.00 feet to the Northerly Right of Way of said Palisades Road, being the beginning of a non-tangent curve concave northerly, whose radius point lies North 00°-06'-23" East 591.62 distant; Thence westerly along said curve an arc length of 137.03 feet through a central angle of 13°-16'-14"to the True Point of Beginning; Thence westerly along said curve an arc length of 104.90 feet through a central angle of 10°-09'-33"; Thence North 23°-32'-11" East 10.00 feet to the beginning of a non-tangent curve concave northerly, whose radius point lies North 23°-32'-11" East 591.62 distant; Thence easterly along said curve an arc length of 103.13 feet through a central angle of 10°-09'-33"; Thence South 13°-22'-37" West 10.00 feet to the True Point of Beginning. stewarte 99-C-1 .title guaranty company SCHEDULE B ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of the violation of any of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 8. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser of value without knowledge. stewart 99-C-1 ►title guaranty company SCHEDULE B PART I (CONTINUED) ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 9. Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 10. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. stewart 99-C-1 .title guaranty company SCHEDULE B ORDER NO.: 05004550 POLICY NO.: AOJP-1301-142971 PART II 1. Any action by the County Assessor and/or Treasurer, altering the current or prior tax assessment, subsequent to the date of the Policy of Title Insurance. 2. Water rights, claims or title to water, and agreements, covenants, conditions or rights incident thereto, whether or not shown by the public records. This exception is not limited by reason of the disclosure of any matter relating to Water Rights as may be set forth elsewhere in Schedule B. 3. Reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 4. Easement for Utilities and rights incident thereto, as set forth in instrument recorded in Docket 4209, Page 174 and in Docket 6813, Page 1093. 5. Easement for drainage way and rights incident thereto, as set forth in instrument recorded in Docket 8326, Page 1676. 6. Easement for sewer lines and rights incident thereto, as set forth in instrument recorded in Docket 8646, Page 1026. 7. Terms and conditions as contained in instrument entitled Resolution No. 14, recorded in Docket 10151, Page 2154. stewart 99-C-1 .title guaranty company IP._44-4- -;-::,,', 7. ---- -'--- - ----, ;-7---..,:---t,-----z,;----=, '-i-----,:- 1*-1 (Wr 4.441,----,c. ,. :-;----, -*-1----- *,-;-----.,----z-"--_, --;----,,-(44,.1*--1 ler.girfiZ*- ,---t-*-* ,------, *-(f--z,,,------, :*-'--,:----: a41;/04-1, rqt ro...re',N,A-,Ni,' ,.F.:6-- t Ict lot ::it liz,rpitrPit 414:t,rat 1*,ro ‘;,, :,,.',. i•; I A �`''M- - _ w��w A A �A /A A vA ` ,c#,/, _ ��A ASA�A��w�/A �.� /NJ . 0' /1,1hr.) 4 ,., (*.J CI» r,'I 't 7,li.4 _ iit• .",:,1)) C 4 t'2,, A (;•'„ ",,;0 iit;:)) :‘s„Al 4. il ,..0. ( )) )((( ) �. )q (((i))) (((a))) ,,0.. ,.I• ,, T, ,�,, 1� CT ( 11� ,.0. .V.4 ),ill. - ,",:0 stewart . v - i.,..‘,v „,,,„lf,,i rstewart of „,, � vii �N1 ONS eguarantY com anY � it., < 'title guarantycompany >1r 1< >,�,' t\,� - ,� 1 , ;, P„,i , 1 Villi ,$ i;i1 i'' l' 'IF ,,if _ ii W, ".',/ CA',4 C :',$ °Ild 3 0 IF (�i '/i cit'l 1\1 �i �• '' ( �) ESTABLISHED 1893 ((f'' �`►) - ((f',, �) ((,, C ,) K''' ;))Ill'” ( )) ( , ii)) ;,,,� ' INCORPORATED 1908 0'' �,,1�1 0'',0 1 ,, )'V• ',, V'' 'C -6 C )401. -4 to,i 1i I:,k.) . fl"' 0,„' 4. w; :Iv ,,.I(. - 6., %,‘„‘ ;:),) ::. :',),, '.14(u. . 0- irl ((f �)) (''i (t )) (('4 44`� k"',$ A 3t 7 ,, 1/1/ 0,1':::0 � 1 0. .- -5"4- 0- ,,le. - .0.. ),.0. $r.Cii, C 3 0:, 4 Ort 3 '$ . (t'' 11 1)/ $:; :')) (( :')) r•'�i d\)) ((( ') „':„1 • 'if \` A NAME (''/ ,.)% 0111, ot,A,1 ((f t,,,,,,, CC�4 \,,\)/I ,. .:0,:, tl ''t.'' it 3 RECOGNIZED NATIONALLY \\��� t!,',A1CA;$ �('�' ►% .''' \\• ��) >.,i 1 1... _ (t, �) AS BEING r, ',:$ (t,, 1\.►)) 0;, N�1•)) VJOe'l ((f y �,►>) 1< itti) SYNONYMOUS WITH (--; :�)) (:; ,►)) (c;, ;;�))� c;, :))) POLICY (t, �;)} '/ry1\ ) ,,•\� 5�' 'V' 1 .d�h,1 ((:, �9,11 ,11 '4, QUALITY ' OF -v dt4 y , it,',i,„ /, ,\1 ,, / TITLE ct', 1,)) 1� • /, c ,/, \� ,' )/1\144, ,\�$h',,,►), (t', )) (,,, ,,,1) (t: 11 INSURANCE ,(t'/, \,)))a $l \ ((:', \,•$ ,((''/ \�►)) (t,, 11))) G'', ',)� (( Y4 ('; ,\,►) r-v-r. .0.'` . ,) ' . '4" ).ili. (;.,4- ).to. C„,11?$ Ctl C 3 C 4 v.:, :s.)/) ie,‘,,jr„", r, i f • 64i ,,,6., . .i.1,:.. v , '!), 3 ,-.; 4 g 4 Cy3 .',:v3 «: :;) .4. .- , ,,:.0., k:,A/,,,,. ((.// 3 \1t/, 11)) $c10 (( )). ps C 7.,.,, ,,.'i 6-0,..,t ...i (:4i \\.� (((• 1)� ((c'-''')' .t-„. ',0,_..( 'title guarantyO *stewart 0. v (7 ((('h a�% $.:11:$ (t 4 a\)� company ';::),, V 4 0., A / 1 v /':), h /ti 4,11 P.O. Box 2029 , ;1�'ti' 'V�,� M .•''A1\ (\4 d'�) l((/j,�,p)) I t'!/�a�1)) � 1'��) \((,, all/: ilii •i:•♦ ii 1,r 1 r'v ` iii r,,," Houston,Texas 77252 7 C'•1� , >, ' 0, / 7v Vi; y $ s i T = � 101/41101.4110. 4114W.:! � S����s�.44)...0..0..0..0.41010� " _Y_. .... /_. _ _ ! .-. J ik /..$m/,. �.s. --. -a� / / z�,> t`4�.� d/ - - G .0-?te-y _.y `= � 5. Options to Pay or Otherwise Settle Claims and Options to 9. Liability Noncumulative Purchase Indebtedness It is expressly understood that the amount of insurance under The Company shall have the option to pay or otherwise settle for this policy, as to the insured owner of the estate or interest covered by or in the name of an insured claimant any claim insured against, or to this policy, shall be reduced by any amount the Company may pay terminate all liability and obligations of the Company hereunder by under any policy insuring (a) a mortgage shown or referred to in paying or tendering payment of the amount of insurance under this Schedule B hereof which is a lien on the estate or interest covered by policy together with any costs,attorneys'fees and expenses incurred up this policy, or (b)a mortgage hereafter executed by an insured which is to the time of such payment or tender of payment by the insured a charge or lien on the estate or interest described or referred to in claimant and authorized by the Company. In case loss or damage is Schedule A,and the amount so paid shall be deemed a payment under claimed under this policy by the owner of the indebtedness secured by this policy. The Company shall have the option to apply to the the insured mortgage, the Company shall have the further option to payment of any such mortgage any amount that otherwise would be purchase such indebtedness for the amount owing thereon together payable hereunder to the insured owner of the estate or interest with all costs, attorneys' fees and expenses which the Company is covered by this policy and the amount so paid shall be deemed a obligated hereunder to pay. If the Company offers to purchase said payment under this policy to said insured owner. indebtedness as herein provided, the owner of such indebtedness shall The provisions of this paragraph 9 shall not apply to an owner of transfer and assign said indebtedness and the mortgage and any the indebtedness secured by the insured mortgage, unless such insured collateral securing the same to the Company upon payment therefor as acquires title to said estate or interest in satisfaction of said herein provided. Upon such offer being made by the Company, all indebtedness or any part thereof. liability and obligations of the Company hereunder to the owner of the indebtedness secured by said insured mortgage, other than the 10. Subrogation Upon Payment or Settlement obligation to purchase said indebtedness pursuant to this paragraph,are Whenever the Company shall have paid or settled a claim under terminated. this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the indebtedness secured by the insured mortgage may release or 6. Determination and Payment of Loss substitute the personal liability of any debtor or guarantor, or extend (a) The liability of the Company under this policy shall in no or otherwise modify the terms of payment, or release a portion of the case exceed the least of: estate or interest from the lien of the insured mortgage, or release any (i) the actual loss of the insured claimant;or collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest (ii) the amount of insurance stated in Schedule A, or, if adverse to the title to the estate or interest or the priority of the lien of applicable,the amount of insurance as defined in paragraph 2(a) hereof; the insured mortgage and does not result in any loss of priority of the or lien of the insured mortgage. The Company shall be subrogated to and (iii) if this policy insures the owner of the indebtedness be entitled to all rights and remedies which such insured claimant secured by the insured mortgage,and provided said owner is the insured would have had against any person or property in respect to such claim claimant, the amount of the unpaid principal of said indebtedness,plus had this policy not been issued,and the Company is hereby authorized interest thereon, provided such amount shall not include any additional and.empowered to sue,compromise or settle in its name or in the name principal indebtedness created subsequent to Date of Policy, except as of the insured to the full extent of the loss sustained by the Company. to amounts advanced to protect the lien of the insured mortgage and If requested by the Company, the insured shall execute any and all secured thereby. documents to evidence the within subrogation. If the payment does not (b) The Company will pay, in addition to any loss insured cover the loss of such insured claimant, the Company shall be against by this policy, all costs imposed upon an insured in litigation subrogated to such rights and remedies in the proportion which said carried on by the Company for such insured, and all costs, attorneys' payment bears to the amount of said loss,but such subrogation shall be fees and expenses in litigation carried on by such insured with the in subordination to an insured mortgage. If loss should result from any written authorization of the Company. act of such insured claimant,such act shall not void this policy,but the (c) When the amount of loss or damage has been definitely fixed Company, in that event,shall as to such insured claimant be required to in accordance with the conditions of this policy, the loss or damage pay only that part of any losses insured against hereunder which shall shall be payable within 30 days thereafter, exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 7. Limitation of Liability 11. Liability Limited to this Policy No claim shall arise or be maintainable under this policy (a) if the This instrument together with all endorsements and other Company, after having received notice of an alleged defect, lien or instruments, if any, attached hereto by the Company is the entire encumbrance insured against hereunder, by litigation or otherwise, policy and contract between the insured and the Company. removes such defect,lien or encumbrance or establishes the title,or the Any claim of loss or damage,whether or not based on negligence, lien of the insured mortgage, as insured, within a reasonable time after and which arises out of the status of the lien of the insured mortgage or receipt of such notice; (b) in the event of litigation until there has been of the title to the estate or interest covered hereby, or any action a final determination by a court of competent jurisdiction, and asserting such claim, shall be restricted to the provisions and conditions disposition of all appeals therefrom,adverse to the title or to the lien of and stipulations of this policy. the insured mortgage, as insured, as provided in paragraph 3 hereof;or No amendment of or endorsement to this policy can be made (c) for liability voluntarily admitted or assumed by an insured without except by writing endorsed hereon or attached hereto signed by either prior written consent of the Company. the President,a Vice President,the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company. No payment shall be made without producing this policy for 8. Reduction of Insurance;Termination of Liability endorsement of such payment unless the policy be lost or destroyed,in All payments under this policy, except payment made for costs, which case proof of such loss or destruction shall be furnished to the attorneys' fees and expenses, shall reduce the amount of the insurance satisfaction of the Company. pro tanto; provided, however, if the owner of the indebtedness secured 12. Notices,Where Sent by the insured mortgage is an insured hereunder, then such payments, prior to the acquisition of title to said estate or interest as provided in All notices required to be given the Company and any statement paragraph 2(a) of these Conditions and Stipulations, shall not reduce in writing required to be furnished the Company shall be addressed to it pro tanto the amount of the insurance afforded hereunder as to any at P. O. Box 2029, Houston, Texas 77252, and identify.this policy by such insured, except to the extent that such payments reduce the its printed POLICY SERIAL NUMBER which appears on the bottom amount of the indebtedness secured by such mortgage. of the front of the first page of this policy. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to 13. THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE an insured owner of the indebtedness secured by the insured mortgage, CHARGE FOR TITLE SEARCH,TITLE EXAMINATION AND TITLE except as provided in paragraph 2(a)hereof. INSURANCE.