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HomeMy WebLinkAboutProperty - Abandonments - 901-78Ri R E S 0 L U T 1 0 N RESOLUTION authorizing, pursuant to Section 28-1902, Arizona Yr- parts 0,- T is road called Desert Sky ja ir '_� � P Revised 'Statutu',_.& the ara-tina Horizon BOUT evard, located in the Tovtn Road, hereinafter referred to as of Oro Valley, said pal -t ofthis road to be vactated i s on the map of Hnrizon Heights, recorded in the Office of the County Recorder of Pima iBook 15 of Maps and Plats at Page 84 and an easement Coijnty, Arizona,•n ed in Docket 523"") at Pages 8 -for road- purproses rect-o. rd and 8 9 49 n tthe I . - i ­ order of Porna County, Arizonla. v 0 f 4e co.r the CniAnt'., an owner WHEREAS, Lawyers Title of ArizonajTrust NO. 5328-T3 il- one of property adjoining Parts of the above described road, has petit,! '01,)Ilcil of' Oro val'IeY that part 0-c Dp�_,Prt Sky Road t h f-� TOIA111 Roulevard) and the easement for road purpnses hereinafter cipscrihe. I r.1 J A V 4- t t i 1-1 f F S a-rA vinc't in 01,,jnprs of la.n6 te i road as Permitted hV 'ection 28-1902, Ari7oria. Re'vis(_-N.d F7. bar_onment n r is 7 n n R o ui 10, v a_ "a Y t A portion. of Horizon Blvd. as shtown on �JorlZ-17.ffli HEIGHTS5 a, in the east one-half of secti subdion 13 5 Tu,,1nsh'p 1' vi s,,ion lying wil-h South Range 13 Fast G. & S. R. B. & 1A. as recordc']!d i n Book I of M a ps I f the Countv Re, -Order, ifflce o and PI atus a -C' Page 84, on file in the 0 Pima Count Arizona, and more partictilarly desrril.ed bY M c 'Y 5, holinds as follrnwf­ r)irit on a curve on the south r1.0 -t -of -way line of ('.nmmenCinn at a J a i i e cti on of Hori ,ion BI vd. w th i(I Hor'zon 'Mvd. near --he P- 5 U kf Del Oro Road, rom, v4 h c h po n the rad' LIS thears S. 1 u" POT TRUE MT OF R, E G T N' INI I N G ,-Iso he ng thp feet, said po"'Int on a curye a poin Overse t of I'hen N. 06"14'08" E. 61 .24 e Blvd. from which V"... on the north ri qht-of -way i ne of said Horiz0l, 530.00 fePt- hears g r r un,- v P ,-a(!iijs point ol id no VI T,hen _IR.f et !nq a cuirve on sal 7 esouthipasterly ale angle 4_1 having a centra e to the south'NPSC.� of -way line,, concav T IC r)f 5,30.00 leet, to a point 0 and a'�`�F' I Af ri. r 1' h t -.,(:) f - 2 5 E ? 7 9 f e ajogjq sal S. 5'�'4 y) t 0 ur va 1% i rn a 00 1. I.V or, W 42 Then 149-85 feet southeasterly along a curve on said north right- 0-11r�-way 1ine5 concave to the northeast, having a central angle of u r e • 1801610511 ands radius of 470.00 feet, to a point of compound curvy Then 99.20 feet no along a curve on said north right -01- ay line, concave to the northwest, having a central angle of 113033'23" w and a radius of 50.05 feet,, to a point of tangent on the west right-of- way line of the Tucson Florence Highway (U.S. 80-89), said point also being at Arizona Highway Department spiral to tangent Station 538+42.53 (7); �iighway Department plan number S -111 - as sho�ajn on Arizona Then S. 07'2949" E. 73.65 feet on a spiral deflection chord (centerline spiral data , 150-00 feet from right-of-way line: Ls 300 feet, 0.5729.58), to -a point which "ties 150.00 feet from A s 01'30', a 1/33 , I the centerline of said highway; F Then S. 89'54'52" W. 187.52 feet to a point on a curve on the south right-of-way line of said Horizon Blvd. , from which the radius point bears N. 27'26'28" E., 530..00 feet-, Then 63.41 feet northwesteriv along a curve on said cnuth right- ast having a central angle of of -way line, concave sf to the northeast, 06'51'17" and a radius of 530.00 feet, to a point of tangent? - Then N. 5542'1 5" W. 241.79 feet along said south right-of-way line to a point of curvature; Then 129.42 feet northwesterly along a curve on said south right- of-way line, concave to the southwest, having a central angle of 15'4638" and a radius of 470.00 feet, to the TRUE POINT OF BEGTt-�NTNG. Road Easement Abandonment Commencing at the southwest corner of Block 3, HORIZON HEIGHTS, as recorded in Rook 15 of rilaps and Plats a ords of Pima CollntY,5 t Page 84, Re( Arizona; T Men N. 89054'52'1 E. along the south line of Block 3. 373�,76 feet Then N.- 30.00 feet to the TRUE POINT OF BEGINNING; Then continue north 299.74 feet to a point on a curve; Then northwesterly along a curve concave to the northeast% having a central angle of 40'531 1511 and a radius of 85-00 feet, an arc length of 60.66.feet to a point of curve from, which the radius point bears S, 7803413811 E,; Then southerly along a curve concave to the east, having a central angle of 11'25'22" and a radius of 1044.54 feet, an arc 1pnq-'L-h of 208.24 feet to a point of tangency; Then S. 126.59 feet to a pojn�t of curvature; Then southwesterly along a curve concave to the northwest, having a central angle of 89'5 4152" and a radius of 25-00 -"eP_t,� an arc le nth 0f , ,59.23 feet to a point of curve Then N. P)9054'5211 E., 54.97 feet it.o the TRUE POINT OF BEGINNING. S, rn-F I Nd t�alt tC he OUYI- N, 0 W TI I FTI F T" 0 R F I rl P-- II ds d in ") Y rt of PeSe%� t, Skv RO, d 7(11 tile above Oro VaIIQf Boillevard) and the easemewnl, for road purposes arc, ran longer npc.e.ssa.r.�/ 1, , ,I M f -I n, cl t,j s i i A )"--nfadvlay Vests, the same are tjie own ers of and a ht..j t -I t i ng sa 1* 61 k'(3 cir)'t-P-0 P A S S E n by t h e T o vin C o i j n c f Oro V a I I ey t h i s d a Y A "T"T F S Iry r ZI do r 'fl SATE OF ARIZONA COUNY 6F P11 V�ftness my hand vie L__ I ��CPU cial -1 hereby oertlfy that the Vithin oo 1A D' 937 rumen gas fie for recon3L --.-..Page a..., . d ima County, "3tate of Arizona 8 solo 25 M IDA �° AE S �Y1 s _.� . Date. ....�...�..._._.w - - �-- cou cord �d Re t of: ty Fee, EED THIS INDENTURE , made this 3rd day of January , 19 78, between NEWMONT EXPLORATION LIMITED, a Delaware corporation licensed to transact business in Arizona, hereinafter called the party of the first part, and THE TOWN OF ORO VALLEY, Pima County, Arizona, a body politic, herein- after called the party of the second part: WITNESSETH: That the said party of the first part, being owner of the hereinafter described real property, for and in consideration of the sum of One Dollar ($1.00), and other valuable considerations, the receipt whereof is hereby confessed and acknowledged, does by these presents grant, bargain, sell., convey and confirm unto the said party of the second part, and to its successors and assigns forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described real estate and property situated in the Counter of Pima, State of Arizona, to -wit: PARCEL NO. 1 The South 60 feet of the East 204.49 feet of Block 4, HORIZON HEIGHTS, according to Book 15 of Maps, page 84, records of Pima County, Arizona; EXCEPT all coal and other minerals as reserved in Patent from United States of America. PARCEL NO. 2 The South 60 feet of the West 373.76 feet of Block 3, HORIZON HEIGHTS, according to Book 15 of Maps, page 84, records of Pima County, Arizona; EXCEPT all coal and other minerals as reserved in Patent from United States of America. PARCEL NO. 3 The South 30 feet of the following described land: All that part of CALLE GODORNIZ more particularly described as follows: Commencing at the Southeast corner of Block 4, HORIZON HEIGHTS, as recorded in Book 15 of baps and. Plats, at Page 84, Records of Pima County, Arizona; Thence North along the West line of Block 4, 30.00 feet to the TRUE POINT OF BEGINNING: Thence North, 256.76 feet to a point of curvature; Thence Northwesterly along a curve concave to.the Southwest, having a central angle of 90' 00' 00" and a radius of 25.00 feet, an arc length of 39.27 feet to a point of cusp; Thence East 110.00 feet to a point of cusp; Thence Southwesterly along a curve concave to the Southeast, having a central angle of 90° 00' 00" and a radius of 25.00 feet, an arc length of 39.27 feet to a point of tangency - P Thence South, 256.67 feet; Thence South 8.9° 54' 52" West, 60.00 feet to the TRUE POINT OF BEGINNING. EXCEPT all coal and other minerals as reserved in Patent from United States of America. This Deed is subject to an Agreement between ARIZONA DEVELOPMENTS, a limited partnership, Seller, and NEWMONT EXPLORATION LIMITED, a Delaware corporation, Buyer, dated April 23, 1973, recorded May 9, 197.3, in Docket 4505, page 241, records of Pima County, Arizona. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, in possession or expectancy, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever; with the proviso, however, that if any of the above described property becomes a part of an established town street pur- suant to Title 18, Chapter 2, Article 1, Arizona Revised Statutes, and is later abandoned by the Town pursuant to said Title 18, Chapter 2, Article 1, Arizona Revised Statutes, the property which had been a part of the established highway and which is subsequently abandoned., will revert to the grantor herein or its successors in interest. IN WITNESS WHEREOF, the said party of the first part .",has hereunto set its hand this 3rd day of Januar 78 z ¢ { ION LIMITED NEWMONT EXPLORAT N , a Delaware corporation 4 x By t4Ca spy,,,. d'•l.. "` i. h. `� • � * �� ud. .� � rk a.... �,`. § s} ijr�t � yb r v: ,s�.7. r9' fig•'} • w -,�;. �� ecrbtay Vice President r 1��71 . �! h i<p.'•.�i'd^IY�. . meq' �• r.'� '> -2- CONSENT TO DEED ARIZONA DEVELOPMENTS, the limited partnership referred to in the foregoing Deed, hereby consents to said Deed. IN WITNESS WHEREOF, said ARIZONA DEVELOPMENTS has executed this instrument this 6th day of January 19 78. ARIZONA DEVELOPMENTS, a limited partnership By General Pa ner STATE OF ARIZONA ss County of Pima This instrument was acknowledged before me the de' r - signed Notary Public, by LLRY RIC general partner of ARIZONA DEVELOPMENTS, a limited 4-1 ary 19, 8 this 6th day of Janu .41 NIL V Notary Pub Ii c��' .`t`tr 'a rite ti 1 `� +f^55 SS �� t' My Commission Expires: -Nov-, 11, 1980, STATE OF ARIZONA ) ss County of Pima This instrument was acknowledged before me dao f Januar 19 7 8 by CHARLES E. GUTHRIE,t` rte y a D t- of NEWMONT EXPLORATION LIMITED, Presiden elawai 110, on behalf of said corporation. 1 7'1 Notary Pub lic 14 My Conuni Is Is ion Expires F) 1:-, r, ':11vi 3 , I n M I C 0.-i In o L X e -3- W. a P t- Jfil? f.. f- .. o APPROVED AND ACCEPTED 9 ATTEST: "00 c> - "0. Clerk o T Oro. Valley I .01 Pima C&ty, Arizona Mayor, Town of Oro Valley A. 2m-t-OD44 STATE,', OF ARIZONA SS. COUNTY OF PI-A. Witness niy ham 76342-007-01'' Parcel I (11 �9'AK ' I hereby certLf-v teat the with No. instrument was filed for record Pima County, State of Arizona in Page, Book....."Pa ........:§4/6 IDA MAE SMYTH "Moom O��eal. FEB 0 1978 •iaJ0 AIS Date: ............ .. ... . .......... . ... •.................... Coti. y jit Recorder. IRequest. of: Vd nd By �' , 1 . .............................................................................. . . ....... A ....... Fee 1) Lity THIS. INDENTURE, made this 29th day of September 19 77--) b<'�'�,tween LAWYERS TITLE OF ARIZONA, an Ari zona 'Cor oration, as Trustee Under Trust No. 5328-T hereinafter k-nown as the part --y-- of the fjxst part, and UE TOWN' OF ORO VALLEY, Pima County, Arizona, a body politic, the party of the second part: WITNEZI-' )SETH: That the said part -y-- of the first part, being sole owner-- of the herein- after described real property, for and in consideration of the Sinn of One Dollar, and other valuable considerations, the receipt whereof is hereby confessed and acknowleldged, do by these presents party of the second part, and to its successors grant, bargain, se -M, convey and confirm unto the- said par and assigns fo-rever, all the rig-lit7 title, interest, claim and dernand which the said part_— of the C� first part ha -3— in and to the following described real estate and property situate in the County of .Pirna, State of Arizona, to -wit: The south 60 feet of the west 454.52 feet of Block 4, HORIZON HEIGHTS, as recorded in Book 15 of Maps and Plats at.Page 84, records of Pima County, Arizona. PVM1W*U ARS 13.401- an Affidavit diqrInqinar nim TO HAVE AND TO HOLD the same, together with all and singt.lar the appurtenances and � privileges thereunto belonging, in anywise appertaining, and all the estate, right, title, interest and clam whatsoever of the said parte._._ of the first part, either in law or equity, in possession or expectancy, to the only pr6per use, benefit and behoof of the said party of the second part, its successors and assigns forever; with - the proviso, however, that if any of the above described prop- erty becomes a part of an established torn street pursuant to Title 18, Chapter 2, Article 1, Arizona Revised Statutes, and is layer abandoned by the --- Town - pursuant to said Title 18, Chap- � ter 2, Article 1, Arizona Revised Statutes, the property which had been a part of the established highway and which is subsequently abandoned, will revert to the grantor herein or successors in interest. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand this 12th day of October. 19_ZZ�. ,r LAWYERS TITLE OF ARIZONA, an Arizona corporation as Trustee under Trust No. 5328-T and not otherwise r .d� ria DIANE S. BASSETT, Trust Officer }= lie•� �,+ .. ... 4 a N � ._. ref � ; -.. PIMA. COUNTY ��. rpt•., 12 th Octobe'r'­-:_""''.'' This instrument was acknowledged before nye this day of —�.- 77 DIANE S. BASSETT, as Trust Officer of Laywers Title of Arizona, an 19______, by 11 Arizona cor o - .F said corporation,_as Trustee ratipia, as t -be act - f 41 ne 1981 F v; My � cozx ini.sson iex ire's: Notary Public 19 i A ce to � �. . Approved and c p i ATTEST: c dwn of Oro- Na_11 ey ��Pa -Couutq, tcna Mayor, Town of Or -_o -Valley Pima County, Arizona NOTE: Form adopted and rcvised Nov. 25, 1957 Form 10-54 low Mcm ---- -- -- STL.ATE OF ARIZONA. SS. ,COUNTY OF FII �A I 1, Witness my h,,inrl and_,qfjT—c1i 4: % Inde.,:,__ so 76342-007-01 Parcel 3 1 I hereby ce,-ttify that the witlilri No. 01.393-9 instrument was filed for record in Pima County, State of Arizona ,Book ......... S .............. .................... Page -.,5 Y7, r D A N1 FEB 10 19 78 w1625AM ty Recorder. Dat ........... ................. ... ...... Co I Bequest of: l'ont .................... )Fri ................................................... B D uty Fee JA 77 THIS -INDEd NTURE, made this 29th I ay of September 77 r i j s.t, MunINW11=111 9,14110villwilow-A-1 0611 70=13milrial 97 WP%_Ti�U1VjfffA1!X�R hereinafter known as the part -I.— of the first part, and "LM TOINl OF ORO VALLEY,, * Pi -ma County, Arizona, a body politic, the party of the second part: WITN ESSETH: That the said part—y— of the first part, being sole owner— of the herein- al'ter described real property, for and in consideration of the sum of One Dollar, and other valuable - considerations, the receipt whereof is hereby confessed and acknaT,-vIedged, do by these presents grant, bargain, sell, convey and confirm unto the said party of the second part, and to its successors and assigns forever, all the right, title, interest, claim and demand which the said part. y of the first part ha5 in w -id to the following described real estate .and property situate in the County of Plima, State of Arizona, to -wit: .The east 60-00 feet of -the west 433.76 feet of Block 3, HORIZON HEIGHTS, as recorded - in Book 15 of Maps and Plats at Page 84, records of Pima County, Arizona; 'EXCEPT the south 60.00 feet thereof. Together with the south 60.00 feet of Block 3 of sal * d HORIZON HEIGHTS, except for the west 373.76 feet thereof. Pur$U*O to' ARS- 33-401, an Affidavit disclosing names 3W addresses of beneficiaries has been recorded in the AN of the Comity Record2r.la Page,&__1 )J4A C% X00i_14PAGE054* TO HAVE AND TO HOU) the same, together with --all and singular the appurtenances and privileges thereunto belonging, in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said part— ©f the first part, either in law or equity, in possession or expectancy, to the* only proper use, benefit and behoof of the said party of the second part, its cuccessors and assigns forever; with the proviso, however, that if any of the above described prop- erty becomes a part of an established - town street- pursuant. to Title 18, Chapter 2, Article IZ Revised Statutes 0, 1, Arizona and is later abandoned by the `-'Town, �-- pursuant to said Title 18, Chap- ter 2, Article 1, Arizona Revised Statutes, the property which had been a part of the established highway and which is subsequently abandoned, Nvill revert to the grantor— herein or successors in interest. IN WITNESS WHEREOF, the said part Y of the first part ha s hereunto set its hand— this 12th day o - October 1 19 LAWYERS TITLE OF ARIZONA, an Arizona corporation as Trustee under Trust No'.'�. 5328-T and not otherwise.-.., ANE S. BAS S ETT I— Tru--sr-1officer' to �m ,.� �'� �� it'd STATE OF ARIZONA ss. PIMA COUNTY 12th OctA"... This instrument was acknowledged before me this day of 77 DIANE S. BASSETT2 Trust Officer of L rs Title of Arizona::;:: -"4*n - y— J. b Arizona cor oration as the act Expn My conim Ission -ex-pires: . 141V4 Notary 1---'ublic JF Approved and Accepted 19 Mayor, - - Town of Oro Vallew Pima County, &r=ona y ATTEST: Cler -..wn of Oro Valley Tounty, ArLzona *New NOTE: Form adopred and revised Nov. 25, 1957 Form 10-50 Land Title Association of Arizona Standard Coverage Policy Form — 1974 Title Insurance Policy issued by FORM A-300 (I OF 2) A Service of Transamerica Corporation SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California Corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land,, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 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 , 7. Invalidity of any. assignment of the insured mortgage, provided such assignment is shown in Schedule B. TransameMca Title Insurance Compawnry A 41M r Z�E� NS�,��y U-0 By otpAPORA evir C=eo .t Ar President. Mac amc C002 010 **A y 2 ;001 Attest Secretary 0. IF011 SCHEDULE B ThisP olicy 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. T. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or pro- hibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or here- after erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. THIS POLICY IS NOT VALID UNLESS PART II OF SCHEDULE B IS ATTACHED. 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, personal o succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, to the , next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebtedness (reservas ing, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law al described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor) , and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and ( iii) the parties designated in paragraph 2 (a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) �, "knowledge".: actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. rovided how - (f) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; p ever, the term land does not include any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage deed of trust, trust deed, or other security instrument. L (h) "public records": those records which by law impart constructive notice of matters relating to the land. 2. (a) CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebtedness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure,'or other legal man - charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee ner which discharges idiary of such insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or is the parent c wholly owned substhe indebtedness secured by the insured mortgage. After any such acquisition the amount interest pursuant to a contract of insurance or guaranty insuring or guaranteeing of insurance hereunder, exclusive of costs, attorneys' fees and expenses which the Company may be obligated to pay, shall not exceed the least of : (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness plus interest thereon, as determined under paragraph 6(a) ( iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or ( iii) the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insurance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchase from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any pur- chaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for -the defense of an insured in litigation to the extent that such litigation involves an alleged defect, lien, encumbrance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in { a } above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or ( iii) if tide to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that 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 failure and then only to the extent of such prejudice. do any (c) The Company shall have the right at its own cost to institute and without undue doraj prosecute anyaction en as insured; and the Companytmay take which in appros opinion may be necessary or desirable to establish the title to the estate or interest or the lien f gag priate action, wheteher or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pur- sue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company- to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company, at the Company's expense, all reasonable aid ( 1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or. defending such action or proceeding, and (2 ) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, including but not limited to executing corrective or other documents. (Continued on front of Back Cover Page) POLICY moo. 37014980-A DATE 2/11/78 @ 7:30 A.M. SCHEDUL9 A AMOUNT$10,000-00 INSt'jRED THE TOWN OF ORO VALLEY, a body pot i tic 1. Title to the estate or interest covered by this policy at the date hereof is vested in: THE TORN OF ORO VALLEY, a body politic `?. The estate or interest in the land described or referred to in this schedule covered by this policy is a fee. 3. The land referred to in this policy is situated in the County of PIMA , Mate of Arizona, and is described as follows: SEE ATTACHED DESCRIPTION FORM A - 302 NO, 37014980 PAGE 1 D it I?rci l s DESCRIPTION The South 60 feet of Block 4, HORIZON HEIGHTS, according to Book 15 of Maps, page 84, records of Pima County, Arizona; EXCEPT all coal and other minerals as reserved in Patent from United States of America . DA Drci i • The South 60 feet of Block 3, HORIZON HEIGHTS, according to Book 15 of Maps, page 84, records of Pima County, Arizona; EXCEPT all coal and other minerals as -reserved in Patent from United States of America. DA D r c i { 0 The South 30 feet of the following described property: All that part of CALLS GODORNIZ, described as follows: COMMENCING at the Southeast corner of Block 4, HORIZON HEIGHTS, as recorded in Book 15 of Maps and -Plats, at Page 84, records of Piga Countu, Arizona; Thence North along the West line of Block 4, 30.00 feet to the TRUE POINT OF BEGINNING; Thence North, 256.75 feet to a point of curvature; . Thence northwesterly along a curve concave to the Southwest, having a central angle of 90® 00' 00" and a radius of 25.00 feet, an arc length of 39.27 feet to a point of cusp; Thence East, 110.00 feet to a point of cusp, Thence southwesterly along a curve concave to the Southeast, having a central angle of 90° 00' 00" and a radius of 25.00 feet, an arc length of 39.27 feet to a point of tangency; Thence South, 256.67 feet; Thence South 89® 54' 52" West, 60.00 feet to the TRUE POINT O.F BEGINNING; EXCEPT all coal and other minerals as reserved in Patent from United States of America. NO, 37014980 DESCRIPTION CONTINUED PAGE 2 The East 60 feet of the West 433.76 feet of Block 3, HORIZON HEIGHTS, according to Book 15 of Maps, page 84, records of Pima County, Arizona; EXCEPT all coal and other minerals as reserved in Patent from United States of America; and EXCEPT the South 60 feet. FOR USE WITH LAND TITLE ASSC NON OF ARIZONA STANDARD COVERAGE POLIC. SRM - 1974 SCHEDULE B (Continued) Part II (All recording data refer to records in the office of the County Recorder of the County in which the land is situated.) 1. THE RIGHT OF ENTRY to prospect for, mine and remove the minerals in said land, as reserved in the Patent from the United States of America, as limited by PUBLIC LAW 87-747 of the 87th Congress, dated October 6, 1962 (62 Stats. 572) withdrawings said land from entry, 2. EASEMENT and rights incident thereto, as set forth in instrument; Recorded in Book 69 of Miscellaneous Records Page 1 Purpose electric _power lines Affects an undefined portion 3. RESTRICTIONS, CONDITIONS AND COVENANTS as shown on the recorded plat of said subdivision; omitting, if any, from the above, any restrictions based on -race, color, religion or national origin, 4. Any PRIVATE RIGHTS or EASEMENTS on, under and across those portions of sGaid land lying within the road, street or alley abandoned by Resolution; Recorded in Docket 5233 Page 887 50 EASEMENT and rights incident thereto, as set forth in instrument; Recorded in Docket 5972 Page 1076 Purpose electric transmission and distribution line Affects the North 6 feet of the South 60 feet of the West 261 feet of Block 4 6, EASEMENT and rights incident -thereto, as set 'forth in instrument; Recorded in Docket 5984 Page 854 Purpose gas distribution line Affects the North 6 feet of the South 60 feet of Block 4 FORM A-311 ca QS N O p ca L 4w �s •� ■ Q1 .. 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U c1r) C14 Ri c cV @ is C�3 q-" @ X CC4 CD j�� a�1 a} ®M - T Q R/i Q T C @ T cc .d. @ T QS @ T.. C CL 7 p C p V @ ... V 3 V �"' C / at: �'/ @ C'�i �r @ d iR m (n v Q @ v V ti. C Q}`d 9 @ � � a)Clq CA Q3 `i �.. @ p tri > a s v @ ®� N C3 C:) s- ,_ s i- .c � a.�- C ® o CD Z Cf) (A C/) C ca ca 4w �s •� ■ ow fff cz 0 ca e.. _ s* W CD c Q) CD CO '~ C) W ca Cf) � a m p A a) ®0 0)r 3: C13 6 CD ® � ® @ m := C) C �f` .�..L3 O L- &- Cp ® co 0) @�T Cp 06 `'. CO p CL i CLr)O Q �.C)T C C)pr .s C/30co ' @O « e!� p0 ® @ @p 0 @ ip 0 ®@ 0 '°' � C� � 0 06� Ia p ate. v?T � �pp � Q �N o CC) L .� L QST co ,slqr 45 ._ ._ ! x QS ! @ .►+ p c L-.� CO 0 CO CL � @ cm U. @ @ ! CO C ca "' to a Q _C @ N !�- @ N N �' O n i 0 4-o t[) ® m � �. O N Q oV� ® o` �U� ® "�C3cino °—Q �t �C ® 0 Z0N w ��N • i� o o^ ��p 0 .s m^ ® -c ... -W o �, _. a. U c1r) C14 Ri c cV @ is C�3 q-" @ X CC4 CD j�� a�1 a} ®M - T Q R/i Q T C @ T cc .d. @ T QS @ T.. C CL 7 p C p V @ ... V 3 V �"' C / at: �'/ @ C'�i �r @ d iR m (n v Q @ v V ti. C Q}`d 9 @ � � a)Clq CA Q3 `i �.. @ p tri > a s v @ ®� N C3 C:) s- ,_ s i- .c � a.�- C ® o CD Z Cf) (A C/) C AGREEMENT .DATED: December,1977 .NEWMONT EXPLORATION LIMITED, a Delaware corporation licensed to transact business in Arizona, hereinafter called "Newmont." LAWYER'S TITLE OF ARIZONA, an Arizona corporation, as Trustee under Trust No. 5328-T, hereinafter called "Trustee." RECITALS.: 1. Trustee desires that Newmont convey to the Town of Oro Valley certain parcels of land for roadways in order that there may be a realignment of parts of the Desert Sky Road and the Valle del Oro Road iA the Town of Oro Valley, Pima County, Arizona. 2. Trustee is willing to undertake certain obligations under this Agreement for the benefit of Newmont, in order to induce Newmont to convey parcels of land to the Town of Oro Valley for roadways,, 3. The description of the properties of the Trustee and others is set forth in the attached preliminary title report No. 67015292 of Transamerica Title Insurance Company, marked Exhibit A and attached plat of Horizon Heights, marked Exhibit B. NOW,, THEREFORE, on condition that (1) the roadways and easements described under Section 2 are abandoned by the Town of Oro Valley and -(2) the parcels of land described in Section 1 hereof are dedicated for roadway purposes by the Town of Oro Valley, and said abandonment and dedication proceedings are determined by counselfor the respective parties to be adequate to accomplish the purposes * intended,' the parties agree as follows: /00 -- Thence North along the West line of Block -4., 30.00 feet_ to the TRUE POINT OF BEGINNING: Thence North, 256.76 feet to a point of curvature; Thence Northwesterly along a.curve concave to the Southwest, having .a central angle of 900 001 00" and a radius of 25.00 feet, an arc length of 39.27 feet to a point of cusp; Thence East., 110.00 feet to a point of cusp; Thence Southwesterly along a curve concave to the Southeast., having a central angle of 90' 00' 00" and a radius of 25.00 feet, an arc length of 39.27 feet to a point of tangency; The*nce South, 256.-67 feet; Thence South 89' 54' 52" West, 60.00 feet to the TRUE POINT OF BEGINNING. EXCEPT all coal and other minerals as reserved in Patent from United States of America. C. Conveyances, called for by this Section 1, will be - by a deed in the form of Exhibit C, attached hereto and made a part hereof. Section 2. Abandonment by the Town of Oro Valley The delivery of the deeds set forth in Section 1 above is conditioned on the Town of Oro Valley dedicating for roadway purposes the land conveyed as provided in Section 1 hereof and abandoning the following rights of -way and easements: (a) Abandon to Newmont the easement for road purposes over the following described property: All that part of Block 3, HORIZON HEIGHTS, as recorded in Book 15 of Maps and Plats at Page* 84, Records of Pima County, Arizona, and all that part of abandoned HORIZON BOULEVARD, commonly known as DESERT SKY ROAD, as described in a certain Resolution recorded in Docket 5233 at page 837, records of Pima County, Arizona, more particularly described as follows., Commencing at the southwest corner of said Block 3. thence North 89* 541 5211 East along the south line of Block 3. 373.76 feet; Thence North, 30.00 feet to the TRUE POINT OF BEGINNING: -3- Thence continue North,, 299-74 feet to a point on a curve; Thence northwesterly along a curve concave to the northeastl having a central angle of 40' 53' 15" and a radius of 85 003, an arc length of 60. 66 to a point of cusp from which the radius point bears South .78 34' 38" East; Thence southerly along a curve concave to the east, having a central angle of 11' 25' 22" and a. radius of 1044.54 feet, an arc length of 208.24 feet to a point of tangency; Thence South., 126.59 feet to a point of curvature; Thence southwesterly along a curve concave to the northwest, having a central angle of 89' 54' 52" and a radius of 25.00, an arc length of 39.23 feet to a point of cusp; Thence North 89' 54' 52" East., 54.97 feet to the TRUE POINT OF BEGINNING. EXCEPT all coal and other minerals as reserved in patent from the United States of America. Containing 0.206 acres, more or less. (b) Abandon to the Trustee that part of Desert Sky Road separating Parcels 4 and 5 as shown on the attached Exhibit B, which is more particularly described as follows: A portion of Horizon Blvd. as shown on HORIZON HEIGHTS, a subdivision lying within the east one-half of Sec- tion 13, Township 12 South, Range 13 East. , G.&S.R.B.&M... as recorded in Book 15 of Maps and Plats at Page 84, on file in the office of the County Recorder, Pima County, Arizona, and more particularly described by metes and bounds as follows: Commencing at a point on a curve on the south right-of- way line of said Horizon Blvd., near the intersection of Horizon Blvd. with Valle del Oro Road, from which point the radius bears S. 18 ® 31' 07" W. , 470. 00 feet, said point on a curve also being the TRUE POINT OF BEGINNING: Then N. 060 14' 08" E., 61.24 feet to a point of . reverse curvature on the north right-of-way line of said Horizon Blvd. from which the radius point of the larger curve bears S 17 06' 36" W. 530.00 feet ; Then 158.97 feet southeasterly along a curve on said north right-of-way line, concave to the southwest, having a central angle of 17' 11' 09" and a radius of 530.00 feett to a point of tangent; Then S. 55' 42' 15" E.J* 241.79 feet along said north right-of-way line to a point of curvature; Then 149.85 feet southeasterly along a curve on said north right-of-way line, concave to the northeast, -4- having a central angle of 18* 16' 05" and a radius of 470,00 feet, to a point of compound curvature; Then 99.20 feet northeasterly along a curve on said north right-of-way line, concave to the northwest, having a central angle- of 113' 33' 23" and a radius of 50.05 feet, to a point of tangent on the west right-of- way line of the Tucson Florence Highway (U.S. 80-89), said point also being at Arizona Highway Department spiral to tangent Station 538+42.53 as - shown on Arizona Highway Department plan number S-111-(7); Then S 070 29' 49" E.; 73.65 feet on a spiral deflec- tion chord (centerline spiral data, 150 feet from right-of-way line: Ls 300 feet, 6 s 010 30', a = 1/3, R.5729.58), to a point which lies 150 feet from the centerline of said highway; Then S. 890 54' 52"-W.p 187.52 feet to a point on a curve on the south right-of-way line of said Horizon Blvd. , from. which the radius point bears N. 27 0, 26' 28" E.,. 530.00 feet; Then 63.41 feet northwesterly along a curve on said south right-of-way line, concave to the northeast, having a central angle of 06* 51' 17" and a radius - of 530.00 feet, to a point of tangent; Then N. 550 42' 15" W.J% 241.79 feet along said south --'-Ehj, right-of-way line, concave to the northeast, right-of-way line to a point of curvature; Then 129.4-2 feet northwesterly along a curve on said south right-of-way line, concave to the southwest., having a central angle of 150 46' 38" and a radius of 470.00 feet, to the TRUE POINT OF BEGINNING. Section 3. Naming of Dedicated Roads. The parties hereto agree to join in requesting the Town of Oro Valley to name the appropriate parts of the right-of- way for road purposes to be dedicated under Section A as P art of Desert Sky Road and part of the Valle del Oro Road, Section 4. Api,ointment of Transamerica- Title Il.-, 6urance ---Company to Hold Security. Newmont and the Trustee hereby appoint the main Tucson office of Transamerica Title Insurance Company, 177 North Church, Street., Tucson., Arizonal hereinafter called "Trans ame-rica to act as escrow agent to hold funds deposited by the Trustee as security that Trustee will perform all of the obligations set forth in Section 5 hereof, subject to the following terms and conditions: (a) The Trustee will deposit with Transamerica, Twenty Five Thousand Dollars ($2-5,000.00) to be held in a passbook, interest-bearing savings account with a Tucson branch of a bank or savings and- loan association, and to be disbursed by Transamerica in accordance with the provisions of this Section 4. (b) If Newmont notifies Transamerica that it has given the Trustee in writing thirty (30) days' notice that pay- ments are due third parties from the Trustee for any of its obligations set forth in Section 5, and said payments have not been made or that the time to perform obligations called for by Section 5, subsections (c) or (e) has expired, and said obligations have not been performed within the pre- scribed time, then on order of Newmont supported by statements of amounts owed by the Trustee or by a contract between Newmont and a third party to perform the work required of Trustee by Section 5, subsections (c) or (e), Transamerica shall withdraw from said savings account sufficient funds to pay the statements submitted by Newmont or the amounts called for in said contracts between Newmont and a third party to perform the obligations of the Trustee under sub- sections (c) and (e). The provisions of the foregoing sentence to the contrary notwithstanding, Trans am-3.rica may pay any amounts due it for the issuance of the title in- surance policies and endorsements called for by subsections (a) and (b) without first submitting a statement for the amount due it to Newmont. (c) As soon as all payments called for by Section 5 have been made and the work obligations of the Trustee under subsections (c) and (e) thereof have been completed by the Trustee-, or if the Trustee defaults in the performance of ­6- any of said work obligations and thereafter Newmont con- tracts with a third party to perform said work for which ..Transamerica has paid said third party all amounts due for performance thereof, then Newmont shall advise Transamerica that all such payments have been made and work performed and Transamerica, after deducting its fees and disbursements, shall pay the balance remaining in said savings account and any accrued interest to the Trustee. A letter of acceptance of the Town of Oro Valley shall evidence the Trustee's compliance with Section 5, subsections (c) and (e)'. (d) Transamerica is not to be concerned with the rights or liabilities of the parties to this transaction, and except for disbursement to itself, shall make disburse- ments from said savings account in- accordance with the terms of this Agreement., (e) Transamerica shall be authorized in the event any other demand is made upon it concerning the funds that it holds as provided herein or any amendments or supplements to this Agreement to hold said money until an action shall be brought in a court of competent jurisdiction to determine the rights of the parties thereto or to interplead said parties by an action brought in any such court. Deposit in court by Transamerica of all funds .and. any accrued interest held by it as provided herein, after deducting its charges and expenses and attorney's fees incurred in connection with any such court .action, shall relieve Transamerica of all further liability and responsibility. (f) Newmont and Trustee will indemnify and save harm- less Transamerica against all costs, damages, attorney's fees, expenses and liabilities which it may incur or sustain 7 - in connection with performance of the obligations set forth herein or any court action arising therefrom and. will pay the same on demand. (g) The parties hereto grant to Transamerica a lien upon and authority to reimburse itself for its charges, for any damages or expenses which it may incur or sustain in connection herewith from all of the rights, title and interest of said parties in holding the money deposited hereunder, (h)- Tran-samerica shall not be authorized to act upon nor shall it be considered to have notice of any amendments or supplemental instructions hereto until an executed copy' shall have been filed with it. The provisions of this acceptance of this Agreement and the funds by Transamerica shall apply equally to any such amendments or supplemental instructionse (i) The liability of the Trustee is not limited to amounts deposited with the Trustee and accrued interest tfiereon and if payments made, as provided in this Section 5, exhaust the fund on deposit with Transamerica and there remains additional amounts owed by the Trustee, or other obligations to be performed, then the Trustee shall be Liable to make additional payments directly to the parties entitled thereto to discharge such obligations. If' Ne- mont is denied access by the Trustee over the abandoned Desert Sky Road, .at the time permitted by subsection 5(d), the Pg agree Newmont shall be entitled to equitable relief and a resonable attorney's fee to any action brought to obtain such relief )I Section 5. Additional Obligat_i-ons-of Trustee to Neimont. The Trustee agrees with Newmont to perform the fol- lowing additional obligations, all of which shall be paid for by the Trustee, payment of which shall be secured by the .deposit provided for in Section 4 hereof. (a) Cause Transamerica to issue to the Town of Oro Valley title insurance in the amount of X10,000.00, insuring the title free and clear of liens and encumbrances, to those parcels to be conveyed to the Town of Oro Valley for roadways by the Trustee pursuant to Section 1, subsection A hereof. (b) Cause Transamerica to up date Title Insurance Policy 370 10273-A heretofore issued Newmont insuring Newmont that the Town of Oro Valley has by proper proceedings abandoned to Newmont the easement for road purposes described in Section 2(a) hereof. (c) Cause roadways to be constructed that meet the minimum standards prescribed by the Town of Oro Valley over thatportion of Desert Sky Road dedicated by the parties hereto as provided in Section 1 hereof, to -wit, Desert Sky Road from Florence Highway to the west side of Block 4 of Horizon Heights, and that portion of the Valle del Oro Road dedicated by Trustee as provided in Section 1. It is under- stood that these roadways will be paved 24 feet in width with 4 inches ABC base and 1 1/2 inches of asphalt and this Pg will be completed. within twenty-four (24) months after the conveyances, abandonments and dedications are completed as set forth 'in Sections 1 and 2 hereof. (d) Until the paving called for under subsection (c) above has been completed and the roadways opened, Newmont may, at no cost to it, use the abandoned Desert Sky Road ss separating Parcels 4- and 5 as shown on Exhibit.B, and to be abandoned to the Trustee as provided in Section 2(b), as a right -of -way to the Newmont parking lot. (e) Promptly after the paving called for under sub- s.ection (c) above has been completed and the roadways opened, the Trustee will remove the pavement from that part of the abandoned Desert Sky Road separating Parcels 4 and 5 shown on Exhibit B. The pavement will be removed from the P roperty and, in lieu of the pavement, desert vegetation will be planted similar to that growing on adjacent propertys It is understood that the Trustee shall have two (2) months after thepaving called for under subsection (c), to perform the work called for by this subsection (e)o (f) Pay the firm of Twitty, Sieywright & Mills, 100 West Clarendon., Suite 1905, Phoenix, Arizona 85013, its statement of fees and disbursements not exceeding $1,500.00 in connection with the transaction set forth in this Agree- ment. Legal services will be charged by Twitty, Sievwright and Mills at the rate of Sixty Dollars ($60.00) per hour.. (g) Each,partyhereto agrees to make all conveyances and do other acts and things as may be reasonably required its conditions for of it bytheTown of Oro Valley to meet 1 theproposed extensions of the Valle del Oro Road and the Desert Sky Road. Section 6. Inurement* This Agreement shall be binding upon and inure to the benefit of theparties hereto, their successors, heirs, P ersonal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the day and e. year first above written ATT ST: /Secretary NE1*1ONT EXPLORATION LIMITED 0"? By Charles E. GU'tliri*-e Vice President LAWYLIC, b TITLE UP Ar"ILUINIft1v an Arizona corporation, as Trustee under Trust No. 5328-T and not otherwise By., SHARON HOUGHTBY ASS IST TRUST CER ARIZONA DEVELOPMENTS will 'consent to the conveyances t® be made to the Town of Oro Valley by Newmont as provided in Section 1 B above. DATED: 1977* ARIZONA DEVELOPMENTS., a limited partnership By General P tner TRANSAMERICA TITLE INSURANCE COMPANY agrees to hold the security to be posted by the Trustee and act in accordance with instructions to it as Set forth in the above Agreement., DATED: 1978 TRANSAME ICA TITLE INSURANCE COMPAN By Tr a nsaniurica ir Tide En,utance Company Title Insurance Company - PREW1,1NARY RFPORIT Our No: 67015292 - Four: - TAA Qm-ners Policy X STATUS . ALTA Loan Policy - 10/28/77 • Date. at 7.3 .lYl. Transamerica Title Insurance Company hereby reports that it is prepared to issue, as of the dale hereof, the policy of title insuran ce indicated above on the form on file in the office of the Director of Insurance of the State of Arizoita, describing therein the land and One estate or interest ashereinafter set forth, insuring against loss which may be sustained by reran of any Defect, lien or encumbrance rot shown or referred to as nn exception herein nor excluded from coverage pursuant to the printed Senedules, Conditions and St ipulatiow; o. the "icy to be issued and providing the premiums for said policy or policies have been pari- This report (and any supplements► or .is issued solely for the purpose of facHitating the issu=ce of a policy of title insurance and no Eability is assumed amendments thereto).is h ere:,v. ESCrOZV Officer Title Officer EDWARD RIG 0 5 MS Tel. (602) - Tel. (602) 262-0679 - SCHEDULE A 1. Title to the estate or interest .covered by this report is vested in: HORN ZOO BOULEVARD PROPERTIES, a 1i i ted par the r j hi p _ (Parcel 1 and Nor t.h h.a l o f Parcel 2)_ P - LAWYERS TITLE of ARIZONA, an Arizona corporation, as Trustee. under Trost No. 5320-T* (Parels 3, 4 and 6 and the South . half of Parcel 2)_ • s The estate or interest in the land hereinafter described in this report is a fee. . 2. T - ed i�� • - P �_�� . �_ c�tznt}T: Arizona, and is described as -30 The land referred to �n this report is situated _ follows; f SEE -ATTACHED-DESCUPTIONe EXHIBITMONVOWN" FORM A-400 RFV. ills r z PAGE I • DESCRIPTION PARCEL N09 i : - That part of Block 2, HORIZON HEIGHTS; according to Book 15 of Maps, pa.ge 84, records of Pima County, Arizona.2 described as follows: BEGIUNING at the Southwest corner of said Block 2; thence South 39* 56' 00" East along the South line of said Block, 79.49 feet to a point of curve,, thence Northeasterly along the arc of the 470 foot radius curve to the left in said South line, through a central angle of 16* 36' .58"., a distance of 136.30 feet to a point of tangent, -h line -t-hence Nor-'Lh- 79* 27' 02" East along said South 250o69 feet; - thence, leaving said- South line, North a distance of 4b 266.9.6 feet to a point, thence East 638.25 feet to a point in the East line of said Block 2; thence North along said East -line, 235.72 feet*, thence West 1091®78. feet to a point in the West line of said Block 2; - to said West line, thence Sou -h 00' 041 00" West along 593.46 feet to the point of beginning, EXCEPT 611 coal and other minerals as reserved in Patent -from United States ":of America. PARCEL NO. 2: That part of -abandoned Horizon Bdulevard, more commonly known as Desert Sky Road, as abandoned by Resolution recorded in Docket 5233, page 887, records of Pima County, Arizona, described as fol I ows V BEGINNING at the Southecist corner of Block 4, HORIZON H&EIGHTS3,- according -to Book 15 of I -laps, -page 84, records of Pima County, Arizona; thence Sou th 89* 54' 52" Wes t al ong the -South 1 ine of B1 ock 4, a distance of 204.49 feet; thence Nor -&*:'I! 2.87.51 feet to a point on the South right of wu-y line of Horizon Boulevard, bei hg the true point of begs nn-lIng, thence South 73' 27' .02" West, 232.86 feet to a poi at of curvature, thence Southwesterly along a curve concave to the Northwest having a central angle of 16* 36' 58" and a radius of 530.00 feet, an arc length of 153.70 f * 6et to. a point of tangency, thence North 89D 56' 00" West 79.49 feeto, thence North- 00* 041 00" East 60.00 feet; thence South 89' 56' 00" East 79.49 feet to -a point of curvature; PAGE 2 of Z along a curve concave to the Northwest, - thence Northeasterly .� . le of 161 36' 58" and a radius of haying a central angle 470.00.Og feet, an a.rc 9- len th of 136.30 feet to a paint of tangency;. - thence Horth 73° 27 02" East 25.0.69 feet; - then e Point of Beginning; south 62.59 feet to the Tru EXCEPT all coal and other minerals as res - erred i n Patent f r m - United states of America* PARCEL NOO 3a - - - Block 4 HORIZON HEIGHTS, according. to Book 15 of Maps, page -$4, records of Pima County, Arizonas- EXCEPT rizonaEXCEPT the East 204,w49 feet; and - EXCEPT all coc.l and othe r m neral s as reser�red in Patent from. United states of America. PARCEL. NO. 4: . - k -15 of Maps, Page 8� ��84,,HORIZON HEIGHTS, .according. to Boa P Block 3, records of Pima County, •Ari zona f __ EXCEPT the best 373®76 feet; and das reserved i n Patent from EXCEPT all coal and other nine rals . _ . united States of America* PARCEL NO. 5: That portion of Block 13, HORIZON H E i GHTS according to -Book -1-5 of � Ari Ona � lying South of page D4, recards of Pima Coun .t y Maps, P 9 • -• . the follow' described line. •� the most Imes terly boundary of said COMMENCING at a point on � �� � m the •is'South00® 0 00 West 330.25 feet from Block 1 which I® 1 said point also being the Northwest corner of said D10 , T Southwest corner of that property described in Deed recorded Arizona; • records . of Pima County, Ari r in Docket 3699 , page 413, � said " East along the sou 1h 1 i ne of say thence North �9 52152 �.. a distance of 3,84 feel", property, 3i of -� distance of 456.37 feet to a thence South 00 0 0Q .est, t • -'Che-South line of said Block 1 , point on `� .- South line of say d South 09* 55' Q0 East along �h� �, � _ - thence t to a o�n4 of curare, Block l a distance of 122-01 fee P . dus Dlhe 53Q foot racurve Southeasterly along the arc of t . thence ock:. °� through- a central i n said South line ire of Bl to the right -�3 feet to the point f 501 57: 1211, a di f 563. stance oz anile o -. -% of .beginning of the line� • the 2 1 52" East 672.76 feet to a point t on . • thence north 09 5 s of said • f said D1 ock 1 and the point of - te-rminu East line ne o l i ne ;Patent from EXCEPT all coal and. other minerals as reserved * n United States of America* _ (AJI recording data refer to records in the office of the County Recorder of the County lIl 1VII"Ich the sand is situa ted.) At the date hereof exceptions to coverage in 'addition to- the panted exceptions and exclusions contained 3n said policy form would be as follows; A. 1977 taxes and assessments collectible by the County Treasurer. 1. the right of entry to prospect for, mine and remove the minerals in said land., as reserved in Patent to said land, as _limited by Public Late 87-747 of the 87th Congress, D.R. 10566, dated October 6, 1962 (62 Stats, 572) withdrawing said land from entry. (Parcels 1f 2, 31 and 5) 2. Easement for electric power lines, and rights incident thereto, as granted by instrument recorded in Book 69 of Miscellaneous, page 1 , over . an undefined portion. (Parcels 1 ! 22 3' = 4 and 5 ) 3. Easemen-ts as shoran on the recorded plat of said subdivision. (Parcels 1 and 5) - 4. Easement for electric transmission or distribution line or sy s to and eights incident thereto, as set forth in instrument recorded i n Docket 1991 , page 216. (Parcel 1 - 50 '-Restrictions, condi tions and covenants as sho°an on the recorded plat of said subdivision, omitting, if any, from the above, any restri cti ons based on race, color, religion -or national ori gi n.(Al 1 - . 6, Mortgage executed by C. R. Spiekerman and Cheryl Ann Spiekernan, his wife, to Seymour A. Kesten and Associates, composed of: Seymour A. Kesten and Charlotte Kesten, his wife, and Seymour Krieger and . Ruth Krieger, his wife and Alfred 14. Gers t: an and Harriet Gers tman , his wife and Burton Ledi na and Harriet Ledi na , his wife and Arnold Kesten and Beatrice Kesten, his wife, principal amount of $71,850.00, dated May 31, 1973, recorded Junes 1. 1973 in Docket 4523, page 731. (Pa"Acel 1 cxcept the North 40 feet and the North half of Parcel 2) 7. Effect of the failure to record the Certificate of Partnership `� p o f Horizon Boulevard Properties, a partnership. Parcel 1 and the North half of Parcel 2) s • (continued on next page) n w t SCHEDULE B CONTIIIUED s' • NOTE - executed Lawyers Title of Arizona, , an Arizona Affidavit e� � � . corporation as Trustee under Trust Ho-. 5328.T$ recorded in Docket 5379v page 268 discloses the beneficiaries of said Trust'- -to be - - Simon Gluckman - Arnold Pesten Leon Blum _ Joseph Fi rye _ Herrn Be Iserman - - Dr. David Lehr Juba Pugliese Jack Timan -Estate of Irving Geist - c/o Steven Z* Rones Estate of Tess Erl i tz c / o Joyce o ce Fri i tz , Ben j ani n Erl i tz and Jonathan Erl i tz.. P Jose h Timi an and Ethel Timan,- � - Jesse Blonder Mrs. E. Davis -Justin Freimark Zahava Kamin Jack Mal on J . Ho Cohn CLoins Rones (c/oo. Estate of Morr-i s VIi nokur - '' c/o Darton J& Winokur s. • s w • i . a r tssa•z t5 • � • - � • o D Q V I►t1.�Y • _ • 1 R 16 Osag- lis f t • •.•... V .•". rrr i . •vim - a .�.-iTii• �r y • • w t . r 40 l f • T � J :_s - �• -'•'«•fit � ,: � �' t -' • - • � • • � � � •�� s fay r. 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Deputy Fee THIS-Ii`IDENTURE, made this _ -dayo-- - 19 betwee hereinafter known as the part__ of the first part, and art, o f the s�oondpart-.. . the party • NVfTNESSET H: - That the said part_ of the first part, being sole mvner of the herein- after described real property, for and in consideration of the sum of One Dollar, and other valuable considerations r the receipt whereof is hereby confessed and ac'�no� l edged, do by these presents grant, bargain, se11, convey and confirm unto the said party of the second part, and to its successors and assigns forever, all the right, title, interest, claim and demand v:hIch the said part of the first part ham.___._ in and to the following described real estate and property situate in the County of Pima, State of Arizona„ for-w&W. - -EXHIEBIT-.� r 0 �-6' 7AN ly01 ( c)so F W N i�Bvq �J a Q �9 -LO 6. u' 4 N~ , }- W N r w d� Jcu) J S /Z -. v J U* 0 Lu Qj �- Q- I Q n z z 7 Lr) - Q 0 CD L1.. $ Q j � UU LL n 7 ti� °� Lp N O d OL 0� 00 o= O rv/ VL - TD C1 ----A T1 bA f ,cam �Bj N 3 L . 0 0~0 0 L c" UJ ^^ Lf) 1J Y Lod p ID °IZ� CX— 01E) 0 1 o 6� UN let H1�'oN r l Na In s Lr) > LP o- � • Lrl 0 s 0 . r- � Ca'o9 -- oo • HOZ „00,voCoo N (Z)r7D > W • 0 � ti 0