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HomeMy WebLinkAboutProperty - Acquisitions - 902 17 Big Wash Land Donation by Overland Vistoso Limited Partnership, LLP to Pima County Flood Cont * E RECORDING * Page 1 of 21 SEQUENCE: 20172510292 No. Pages: 21 9/8/2017 2:05 PM 1:Ps6A\IF. ANN RODRIGUEZi RECORDER , RESOLUTION NO. (R}17 Recorded By: RMS(e-recordin.9IIa%P A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING FUNDING FOR ENVIRONMENTAL AND CLOSING COSTS ASSOCIATED WITH A LAND DONATION OF 132.07 ACRES COMMONLY KNOWN AS BIG WASH TO PIMA COUNTY FLOOD CONTROL DISTRICT WIIEREAS, Overland Vistoso Limited Partnership, LLP, an Arizona Limited Liability Partnership, own the real property consisting of approximately 132.07 acres, described and depicted herein and incorporated by reference as Exhibit "A", which is commonly known as Big Wash; and WHEREAS, Overland Vistoso Limited Partnership, LLP, wish to donate 132.07 acres commonly known as Big Wash to Pima County Flood Control District through the Agreement to Donate Real Property, which is attached hereto and incorporated by reference as Exhibit "B"; and WHEREAS, the Town wishes to facilitate Pima County's acquisition of the property to preclude future intrusion in this area to protect wildlife habitat and linkages, and to establish public trails across the property; and WHEREAS, the Town will fund $5,000 for environmental and closing costs; and WHEREAS, it is in the best interest of the Town to participate in the Big Wash land donation by Overland Vistoso Limited Partnership, LLP to Pima County Flood Control District in order to preclude future intrusion in this area to protect wildlife habitat and linkages, and to establish public trans across the property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Mayor and other administrative officials, or their designees, are hereby authorized to take such steps as necessary to execute and implement the terms of the land donation. PASSED AND Al)OPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 7th day of June, 2017. RESOLUTION NO. (R)17-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING FUNDING FOR ENVIRONMENTAL AND CLOSING COSTS ASSOCIATED WITH A LAND DONATION OF 132.07 ACRES COMMONLY KNOWN AS BIG WASH TO PIMA COUNTY FLOOD CONTROL DISTRICT WHEREAS, Overland Vistoso Limited Partnership, LLP, an Arizona Limited Liability Partnership, own the real property consisting of approximately 132.07 acres, described and depicted herein and incorporated by reference as Exhibit "A", which is commonly known as Big Wash; and WHEREAS, Overland Vistoso Limited Partnership, LLP, wish to donate 132.07 acres commonly known as Big Wash to Pima County Flood Control District through the Agreement to Donate Real Property, which is attached hereto and incorporated by reference as Exhibit "B"; and WHEREAS, the Town wishes to facilitate Pima County's acquisition of the property to preclude future intrusion in this area to protect wildlife habitat and linkages, and to establish public trails across the property; and WHEREAS, the Town will fund $5,000 for environmental and closing costs; and WHEREAS, it is in the best interest of the Town to participate in the Big Wash land donation by Overland Vistoso Limited Partnership, LLP to Pima County Flood Control District in order to preclude future intrusion in this area to protect wildlife habitat and linkages, and to establish public trails across the property. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Mayor and other administrative officials, or their designees, are hereby authorized to take such steps as necessary to execute and implement the terms of the land donation. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 7th day of June, 2017. TOWN OF ORO VALLEY, ARIZONA //I lA. / Dr. Satis I. 'le i.th, Mayor ATTEST: APPROVED AS TO FORM-:---- -- • OS - -rte M. ael Standish, own Clerk Tobin Sidles, Legal Services Director ts:A 7 6/T 77.0( Date Date C:\Windows\T P\BCLTedtnobgieslwn PDF 7\ipCLcr.C8133)G1\cieBCLIC8132(161.doe 2 Town of Oro Valley An)nry'sOfiice%al032910 E I tilT " 99 (map of area to donated) C:\Winiows1TEMP\BCLTed►nobgies\e:svPDF 71'itBC1-(X, 813 2D6 BCL'C813N161.cloc 3 Town of Oro Valley Aro mey'sOfl"ice/e:/032910 EXHIBIT 44B,/ (Agreement to Donate Real Property) C:\Wiitbws\TE\P`BCL Tehrohgies\e:a PDF' IEC4�? 813 206 tveisCG SI3206Ube 4 Town of Oro Valley Aro mev'sOffice/ea0:291O e CONTRACT • NO. —igt' AMENDMENT NO. This number must appear on all invoices, correspondence and documents pertaining to this contract. 4114L PIMA COUNTY REAL PROPERTY PIMA COUNTY REAL PROPERTY SERVICES PROJECT: Accept Donation of Real Property DONOR: Overland Vistoso Limited Partnership, LLP, an Arizona Limited Liability Partnership PARTICIPANT: Town of Oro Valley, an Arizona Municipal Corporation AMOUNT: $5,000 for environmental and closing costs FUNDING: Town of Oro Valley AGREEMENT TO DONATE REAL PROPERTY 1. Parties; Effective Date. This agreement ("Agreement") is entered into by and between Overland Vistoso Limited Partnership, LLP an Arizona Limited Liability Partnership (collectively "Donor"), the Town of Oro Valley, an Arizona Municipal Corporation ("Town") and Pima County Flood Control District, a political taxing subdivision of the State of Arizona ("Donee"). Donor, Town and Donee are hereinafter referred to collectively as the "Parties". This Agreement is effective on the date all Parties have executed this Agreement (the "Effective Date"). The date Donee signs is the date the Chair of the Board of Directors of the Pima County Flood Control District signs this Agreement. 2. Background & Purpose. 2.1. Donor owns that certain real property in Pima County, Arizona consisting 36569/00447332/ v 1 Page 1 of 8 Acq-0473 223-02-013A. 011C,223-04-097B&096A of approximately 132.07 acres legally described and depicted, respectively, in Exhibit A and Exhibit A-1 attached hereto and made a part hereof, including all structures and improvements situated thereon, if any (hereinafter collectively referred to as the "Property"). The Property consists of prime riparian habitat and is home to numerous desert animal species including mule deer, bighorn sheep, mountain lion, bobcat, badger, skunk, white-nose coati,javelina and coyote. The Property lies between two key wildlife habitat blocks: Tortolita Mountain Park (owned and managed by Pima County) and the Santa Catalina Mountains (owned and managed by the U.S. Forest Service). The Property contributes to providing a linkage between these important habitat areas for wildlife. The Property is also well-suited for public recreational trails, a compatible use with the intended habitat preservation goals. The Town wishes to facilitate Donee's acquisition of the property to preclude future intrusion in this area, to protect the wildlife habitat and linkages, and to establish public trails across the Property; 2.2. Donor desires to donate its entire interest in the Property to Donee for the purposes stated above; and 2.3. Donee's mission includes the enhancement of wildlife, recreation and riparian habitats. Donee desires to accept the Property for the purposes stated above, subject to the express terms and conditions of this Agreement. 3. Donation. 3.1. Donor agrees to donate the Property, including all wells, water rights and mineral rights appurtenant to the Property, in which Donor has an interest, to Donee, free and clear of all liens and encumbrances, except as set forth on Exhibit B attached hereto. 3.2. Donor will execute a Special Warranty Deed (the "Deed") and any and all related documents conveying the Property to Donee upon presentation of said documents to Donor by Donee's agents or representatives. 3.3. Donor acknowledges and agree that the decision to donate the Property was made without any undue influence or coercive action of any nature and that the right to an appraisal and to just compensation is hereby waived. Donee acknowledges that no goods or services were provided by Donee to Donor in return for the contribution of the Property. 36569 /00447332/ v 1 Page 2 of 8 Acq-0473 223-02-013A. 011C,223-04-097B &096A 4. Inspection and Access. 4.1. Inspection Period. For a period of forty-five (45) days commencing on the Effective Date (the "Inspection Period"), Donee (and its respective employees, agents, representatives and contractors) shall have the right to enter upon the Property at reasonable times and from time to time, upon forty-eight (48) hours notice by telephone to Donor, for the purpose of viewing, inspecting, testing, appraising, surveying and studying the Property ("Inspection"). Donee shall, promptly following any such Inspection, return the Property to the condition it was in immediately prior to such Inspection. Donee shall, and does hereby agree, to the extent permitted by law, to indemnify and defend Donor against, and hold Donor harmless from, all claims, damages, expenses, and actions arising from any negligence or wrongful misconduct of Donee or Donee's employees or agents, as a result of such Inspection. 4.2. Reports. Within ten (10) days after the Effective Date, Donor shall provide copies to Donee of use agreements regarding the Property; any service, management and other agreements regarding the Property whose terms do not expire prior to the date of the Closing; any permits, certificates, plans or specifications regarding the Property; any soils reports, property inspections, hazardous/toxic material or environmental reports regarding the Property; any surveys of the Property; and registrations, test results and studies regarding any wells located on the Property (all of which shall hereinafter be referred to as the "Donor Documents"). If this Agreement is terminated for any reason, all of Donor's Documents and any copies made by Donee of Donor's Documents shall be returned to Donor. During the term of this Agreement, Donee shall deliver to Donor copies of all non-proprietary third party reports, studies, surveys, plats, engineering data or work product or other work product pertaining to the Property as the same are prepared. If Donee terminates this Agreement for any reason, all such third party reports, studies, surveys, plats or other work product shall be returned to Donee. The delivery by Donor or Donee to the other Party of any such third party reports, studies, surveys, plats, engineering data or work product or other work product shall be without any representation or warranty. 4.3. Environmental Inspection. If an environmental inspection recommends further testing or inspection, Donee may elect, by giving written notice to Donor, to extend the Inspection Period for an additional forty-five (45) days, to conduct further investigations. If the Inspection Period is extended, the term "Inspection Period" shall then include the additional period. 36569 /00447332 / v l Page 3 of 8 Acq-0473 223-02-013A. 011C,223-04-097B &096A 4.4. Objection Notice. Donee shall provide written notice to Donor, prior to expiration of the Inspection Period, of any items disapproved by Donee as a result of Donee's inspections (including environmental conditions) (the "Objection Notice"). If Donee sends an Objection Notice, Donor may, within ten (10) business days of receipt of the Objection Notice, notify Donee if Donor is willing to cure any of the items to which Donee objected (the "Cure Notice"). If Donor elects not to send Donee a Cure Notice or if Donor's Cure Notice is not acceptable to Donee, then Donee may elect to terminate this Agreement in which case the Agreement shall be terminated and of no further force and effect. If Donee fails to give the Objection Notice to Donor on or before the expiration of the Inspection Period, Donee shall be deemed to have waived the right to give the Objection Notice. 4.5. Closing Before Inspection Period Expires. Nothing in this Agreement shall preclude Donee from electing to proceed with closing prior to the expiration of the Inspection Period. 5. Donor's Covenants. 5.1. No Salvage. Donor shall not salvage or remove any fixtures, improvements, or vegetation from the Property, but this shall not prohibit Donor from removing personal property prior to closing. In addition, prior to closing, the Property shall not be materially degraded by Donor or otherwise changed in any material aspect by Donor. 5.2. Use of Property by Donor. Donor shall, during the term of this Agreement, use the Property on a basis substantially comparable to Donor's historical use thereof. Donor shall make no use of the Property other than the use being made of the Property as of the date this Agreement is signed by the Parties. Donor shall maintain the Property in substantially the same condition as it is presently in, ordinary wear and tear excepted, and without liens or encumbrances that Donor will be able to cause to be released before the Closing. 5.3. No Encumbrances. Donor shall not encumber the Property with any lien that Donor will be unable to cause to be released before Closing. Donor covenants and agrees that from and after that Agreement Date through the Closing, Donor shall not enter into, execute or record any covenant, deed restriction, or any other encumbrance against the Property. 36569/00447332 / v 1 Page 4 of 8 Acq-0473 223-02-013k 011C,223-04-097B&096A 4. No Personal Property. The Parties acknowledge that no personal property is being transferred pursuant to this Agreement, and Donor represent that there is now, or as of Closing will be, no personal property located on Property. 5. Closing. 5.1. Closing. Closing will occur no later than 45 days after completion of the Inspection Period, unless otherwise agreed to by the Parties. 5.2. Prorations. The date of closing shall be used for proration of rents, property taxes and other similar costs; assessments due for improvement districts shall be paid in full by the Donor prior to closing; and property taxes shall be prorated based upon the date of closing. 5.3. Deliveries at Closing. At Closing, Donee will execute the Donee Acknowledgment section of IRS Form 8283 (Noncash Charitable Contributions) and deliver such form to Donor. At Closing, Donor shall deliver to Donee the following: 5.3.1. an executed Special Warranty Deed ("Deed") in the form of Exhibit C attached, conveying fee simple title to the Property subject only to the Permitted Exceptions; 5.3.2. one or more assignments of all the water rights and well registrations, certificated or claimed, in which Donor has an interest and appurtenant to the Property, if any, and all certificated or claimed Type 2 water rights, if any; and 5.3.3. possession of the Property. 5.4. Closing and Environmental Costs. Town will pay all closing costs, including but not limited to title insurance premium, escrow fees, recording fees, and any fees associated with Donee's environmental review or remediation of the Property, not to exceed a total payment by Town of Five Thousand Dollars ($5,000.00). Those costs are expected to be as follows: $ 0.00 Acquisition Amount $ 5,000.00 Estimated County Closing and Environmental Costs 5,000.00 TOTAL NOT TO EXCEED AMOUNT 36569 /00447332/ v 1 Page 5 of 8 Acq-0473 223-02-013A. 0110, 223-04-097B&096A Donee will pay any closing and environmental costs that exceed Five Thousand Dollars ($5,000.00). 6. Binding Agreement. All provisions of this Agreement are binding upon the heirs, successors and assigns of the Parties. 7. Governing Law. This Agreement is governed in all respects by the laws of the State of Arizona. Any court action to be brought pursuant to this Agreement must be filed and maintained in a court in Pima County, Arizona. 8. Conflict of Interest. This Agreement is subject to cancellation within three (3) years after its execution pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of Donee or Town is, at any time while this Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. The Parties have signed this Agreement on the dates set forth below. Donor: OVERLAND VISTOSO LIMITED PARTNERSHIP, LLP, an Arizona Limited Liability Partnership BY: Ready Two Corporation, its gener.,I partner By: ' 14----"( David Meh As: President Date: �i� - ( 12.0r7 [Rest of page intentionally left blank] 36569 /00447332 / v 1 Page 6 of 8 Acq-0473 223-02-013A.011C,223-04-097B&096A Donee: Pima County Regional Flood Control District, a taxing authority of the State of Arizona JUL 11 2017 Chair, Board of Directors of the Pima County Flood - Date Control District ATTEST: &QuL ; ]Ni JUL 11 20i7 • Clerk of Board of Direct rs o`Fthe Pima Date County Flood Cortroi District APPROVED AS TO FORM: 411'7 Tobin Rosen, Deputy County Attorney, Civil Division Date [Rest of page intentionally left blank] 36569 /00447332/ v I. Page 7 of 8 Acq-0473 223-02-013A. 011C, 223-04-0978&096A Participant: Town of Oro Valley, an Arizona municipal corporation 044 1;,..74,-/- ///4:2/9.--42:-e- r. Satish I. H i remath, MayorDate et") 9,,/ ATTEST: /,/,‘ CA 47 Michael Standish, Town Clerk Date APPROVED AS TO FORM: ------- .,,,,,-',/,'" 77/77 71/;( 1,17 e - -/'-----(___-e-7 (/‘,/// 7 Tobin Sidles, Director, Legal Services Department Date TAX PARCEL NUMBERS: 223-02-013A, 011C, 223-04-097B & 096A 36569 /00447332/ v 1 Page 8 of 8 Acq-0473 223-02-013A.011C,223-04-097B&096A EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Neighborhood 2 Parcel F That portion of Sections 20 and 29, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Commencing at the Northwest corner of the Southeast quarter of the said Section 20, being an angle point in the East line of that Parcel recorded in Docket 7761 at page 1525; Thence South 17°, 00', 00", West,along the said East line, a distance of 894.56 feet to a point of curvature of a tangent curve, concave to the Northwest; Thence Southwesterly, along the said East line, along the arc of said curve, to the right, having a radius of 2,500.00 feet and a central angle of 012°, 08',48", for an arc distance of 530.00 feet to the Point of Beginning; Thence Southwesterly, along the said East line, along the arc of said curve,to the right, having a radius of 2,500.00 feet and a central angle of 014°,21', 12", for an arc distance of 626.28 feet to a point of tangency; Thence South 43°,30', 00", West, along the said East line, a distance of 631.90 feet; Thence South 46°,30', 00", East, 1,525.00 feet; Thence South 43°,30', 00", West, 118.59 feet to a point of curvature of a tangent curve, concaveto the Southeast; Thence Southwesterly, along the arc of said curve, to the left, having a radius of 500.00 feet and a central angle of 037°, 22', 33",fro an arc distance of 326.17 feet to a point of tangency; Thence South 06°,07', 27", West, 140.44 feet; Thence South 83°,52', 33", East, 100.00 feet to a point of curvature of a tangent curve, concave to the Southwest; Thence Southerly, along the arc of said curve,to the right, having a radius of 500.00 feet and a central angle of 060°, 21', 32", for an arc distance of 526.73 feet to a non-tangent line; Thence South 89°, 17', 20", East, 385.80 feet to the West right of way line of U.S. Highway 89; Thence North 01°,27', 58", East, along the said right of way line, a distance of 174.00 feet to a point on the arc of a non- tangent curve, concave to the East, a radial line of said curve through said point having a bearing of North 87°, 02', 20", West; Thence Northerly, along the said right of way line, along the arc of said curve,to the right, having a radius of 3,919.72 feet and a central angle of 026°, 27', 56", for an arc distance of 1,810.56 feet to a non-tangent line; Thence North 30°, 55', 18", East, along the said right of way line,a distance of 164.00 feet; Thence North 62°, 36',25", West, 1,745.37 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2,Phase 2, a subdivision of Pima County, Arizona, according to the map of record in the Pima County Recorder's Office in Book 51 of Maps and Plats at page 68. File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY EXHIBIT "A" [con'tJ PARCEL 2: Neighborhood 2 Parcel G That portion of Sections 20 and 29, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona,described as follows: y Commencing at the Northwest corner of the Southeast quarter of the said Section 20, being an angle point in the East line of that Parcel recorded in Docket 7761 at page 1525; Thence South 17°, 00', 00", West, along the said East line,a distance of 894.56 feet to a point of curvature of a tangent curve, concave to the Northwest; g Thence Southwesterly, along the said East line, along the arc of said curve, to the right, having a radius of 2,500.00 feet and a central angle of 026°, 30',00", for an arc distance of 1,156.28 feet to a point of tangency; Thence South 43°,30', 00", West, along the said East line, a distance of 631.90 feet to the Point of Beginning; g Thence South 43°, 30', 00", West, along the said East line, a distance of 1,270.00 feet; Thence South 42°, 51', 28", East, 1,105.00 feet; Thence South 84°, 17', 26", East,482.05 feet to a point on the arc of a non-tangent curve, concave to the Southeast, a radial line of said curve through said point having a bearing of North 56°, 06', 10",West; Thence Nr"4 easterly,along the arc of said curve, to the right, having a radius of 500.00 feet and d central angle of 062° Y 13', 37",for an arc distance of 543.03 feet to a point of tangency; g Thence South 83°,52', 33", East, 50.00 feet; Thence North 06°,07',27", East, 140.44 feet to a point of curvature of a tangent curve, concave to the Southeast; Thence Northeasterly,along the arc of said curve,to the right, having a radius of 500.00 feet and a central angle of 037° 22',33", for an arc distance of 326.17 feet to a point of tangency; 9 ' Thence North 43°, 30', 00", East, 118.59 feet; Thence North 46°,30', 00", West, 1,525.00 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2,Phase 1 a subdivision of Pima County, Arizona,according to the map of record in the Pima County Recorder's Office in,Book 49 of MapsPlats at page�2 and and; EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2, Phase 2, a subdivision of Pima County, Arizona,according to the map of record in the Pima County Recorder's Office in o51 k of a s and ! p �ats at Nage 17; AND FURTHER EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2, Phase 2 a subdivision of Pima County,Arizona, according to the map of record in the Pima County Recorder's Office in Book 51 of Maps and Plats at page 68; PARCEL 3: Neighborhood 2, Parcel H That portion of Section 29,Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: y Commencing at the south one-quarter(S1/4) corner of the said Section 29; File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY • r EXHIBIT "A" [con't] Thence South 89°,40',30", East, along the south line of the said Section 29,a distance of 453.61 feet, measured (453.43 feet, record)to the west right of way line of U.S. Highway 89; Thence North 00°, 41', 59", East, along the said right of way line, a distance of 835.90 feet to the north right of way line of Rancho Vistoso Boulevard, recorded in Docket 7868 at page 1456; Thence North 89°, 18', 01", West, along the said right of way line, a distance of 453.99 feet, measured (453.83 feet, record)to a point of curvature of a tangent curve concave to the Northeast; Thence Northwesterly, along the said right of way line, along the arc of said curve, to the right, having a radius of 1,425.00 feet and a central angle of 068°,25',28", for an arc distance of 1,701.78 feet to a point of tangency; Thence North 20°, 52', 33", West, along the said right of way line, a distance of 686.35 feet to the Point of Beginning; Thence North 20°, 52', 33", West, along the said right of way line, a distance of 69.99 feet to a point of curvature of a tangent curve concave to the Southwest; Thence Northwesterly, along said right of way line, along the arc of said curve,to the left, having a radius of 6,895.93 feet and a central angle of 006°, 18',00", for an arc distance of 758.25 feet to a point of tangency; Thence North 27°, 10', 33", West, along the said right of way line, a distance of 1,274.36 feet to a point of curvature of a tangent curve concave to the Southwest; Thence Northwesterly, along the said right of way line, along the arc of said curve,to the left, having a radius of 5,560.77 feet and a central angle of 001°,32', 20",for an arc distance of 149.36 feet to the Southeasterly line of that parcel recorded in Docket 7761 at page 1525; Thence North 56°,35', 53", East, along the said line, a distance of 474.05 feet; Thence South 42°, 51', 28", East, 1,105.00 feet; Thence South 84°, 17', 26", East, 482.05 feet to a point on the arc of a non-tangent curve concave to the East, a radial line of said curve through said point having a bearing of North 56°, 06', 10", West; Thence Southerly along the arc of said curve, to the left, having a radius of 500.00 feet and a central angle of 027°, 46', 23", for an arc distance of 242.37 feet to a point of tangency; Thence South 06°,07', 27", West, 680.00 feet to a point of curvature of a tangent curve concave to the Northwest; Thence Southwesterly along the arc of said curve, to the right, having a radius of 580.00 feet and a central angle of 063°, 00', 00",for an arc distance of 637.74 feet to a point of tangency; Thence South 69°,07', 27", West, 125.00 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2, Phase 1, a subdivision of Pima County, Arizona, according to the map of record in the Pima County Recorder's Office in Book 49 of Maps and Plats at page 22 PARCEL 4: Neighborhood 2, Parcel i; That portion of Section 20, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Beginning at the Northwest corner of the Southeast quarter of the said Section 20, being an angle point in the East line of that Parcel recorded in Docket 7761 at page 1525; Thence South 17°, 00', 00", West, along the said East line, a distance of 894.56 feet to a point of curvature of a tangent File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY EXHIBIT "A" [con't} curve, concave to the Northwest; Thence Southwesterly, along the said East line, along the arc of said curve, to the right, having a radius of 2,500.00 feet and a central angle of 012°, 08',48", for an arc distance of 530.00 feet to a non-tangent line; Thence South 62°, 36', 25", East, 1,745.37 feet to the West right of way line of U.S. Highway 89; Thence North 30°, 55', 18", East, along the said right of way line, a distance of 140.00 feet to an angle point; Thence North 31°,40', 36", East, along the said right of way line, a distance of 238.42 feet to a point of curvature of a tangent curve,concave to the Northwest; Thence Northeasterly, along the said right of way line, along the arc of said curve to the left, having a radius of 11,359.16 feet and a central angle of 010°, 15', 17", for an arc distance of 2,033.05 feet to the North line of the said Southeast quarter; Thence North 89°,50', 38", West, along the said North line, a distance of 2,185.44 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2,a subdivision of Pima County,Arizona, according to the map of record in the Pima County Recorder's Office in,Book 56 of Maps,and Plats at page 39. File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY r EXHIBIT "A- 1 " nerf-4-N„i 0! TOWNSHIP 11 ,. 20 1t 'W1:\ � '• 4 �. RANGE 14 30 . 29 SECTION 20 & 29 4,41 /te SEC 20 & 29 G&SRM PIMA COUNTY, ARIZONA li" ** 41 I Si omftr 141) NI sw Alit 0 ro & / . -.1. Ili ,. Fk. 7 .\ /III Owl* - : 44.11 00 •• ii, 0 oir. , • 4w. • #14 4* * .. • 0 . • .• 7 II' , 1 awl': 49 I asib, ikb & 10,4 . .. / ..144. " #1.1: A c.c,z-- te. uvr 4,4 . 4, / • ft • p • � ;� �y - 1 o �1)-7,,, 111 tli /a us 4 4 U fol /40 *Aw 8 041 I P • e •to • •v ill Op;g /* MIV. 0 411 00 e % to A ,,,, s 4 2 . % tio - av t • • 2 A* LIJ j * IOU ti# A _I , AT f Ott 41 5 (4 Fi „am Adr A ker. v 4,111 cc 111A44 _iat�.� ii rA PARCELS 223-02-013A 223-02-011C 223-04-097B 223-04-096A N PIMA COUNTY DEPARTMENT OF TRANSPORTATION iiENGINEERING INFORMATION MANAGEMENT DRAWING NOT TO SCALE DRAWN BY: S. BUTLER DATE: JAN 2017 17007 EXHIBIT "B" COMMITMENT FOR TITLE INSURANCE SCHEDULE B File No.: 05504-26846-Amendment No. 1 Showing matters which will be excepted in the Policy unless the same are disposed of to the satisfaction of the Company. i. Defects, liens, encumbrances, adverse claims or other matters, if any,created first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. ii. Subject to the usual printed exclusions and exceptions contained in the regular form of policy, reprinted for reference on theAddendum attached hereto. The following matters will be excepted in Schedule B of the policy to be issued: 1. Taxes and assessments collectible by the County Treasurer, not yet due and payable for the year 2017. 2. 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. 3. Water rights, claims or title to water, and agreements, covenants, conditions or rights incident thereto, whether or not shown by the public records. 4. Reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 5. Reservations or exceptions in Patent from the State of Arizona recorded in Docket 6126. page 845 and correction in Docket 7412, page 301. (Section 20) 6. Easement for electric transmission and distribution lines and rights incident thereto, as set forth in instrument recorded in Book 72 of Miscellaneous Records, page 326 and Book 57 of Miscellaneous records, page 257. 7. Easement for highway and rights incident thereto, as set forth in instrument recorded in Docket 548,page 385. 8. Easement for gas lines and rights incident thereto, as set forth in instrument recorded in Docket 2704, page 405, 9. Easement for right of way and rights incident thereto, as set forth in instrument recorded in Docket 2898, page 484. 10. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 7761, page 1493: in Docket 7761, page 1536 and re-recorded in Docket 8021, page 914; in Docket 7871, page 1787 and re-recorded in Docket 7915,page 1380: in Docket 7871, page 1688:,in Docket 7871, page 1702 and re-recorded in Docket 7915,page 1281: and Restated in Docket 8&1,page 925: Amended in Docket 8327, page 2058 and Docket 8629,page 576: Tract Declaration recorded in Docket 8151,page 2548: Tract Declaration recorded in Docket 8153, pages 596, 619 and 630: Amended in Docket 8249, pages 668, 685 and 693: And Docket 9360,page 2032 and re-recorded in Docket 9459, page 656: Amended in Docket 9951.page 1255: Amended In Docket 10037, page 1540: Amended in Docket 10165.page 1565., Amended in Docket 11565, page 1377:, Partial Assignment of Declarant's Rights in Sequence No,2014-2870321. File No. 05504-26846 STEWART TITLE Commitment Sch B SAC GUARANTY COMPANY • EXHIBIT "B" [con't] COMMITMENT FOR TITLE INSURANCE SCHEDULE B File No.: 05504-26846 Amendment No. 1 11. Easement for utilities and rights incident thereto, as set forth in instrument recorded in Docket 7761,page 1567. 12. Easement for temporary construction easement and rights incident thereto, as set forth in instrument recorded in Docket 7761,page 1570, 13. Amended Bridge Financing Plan as disclosed in Resolution No. 1983-71 recorded in Docket 7786`page 957. 14. Easement for utilities and rights incident thereto, as set forth in instrument recorded in Docket 7850, page 1290 and re-recorded in Docket 7868,page 1456. 15. Easement for utilities and sewer and rights incident thereto, as set forth in instrument recorded in Docket 7892, page 1303; 16. The effect,if any of Covenant recorded in Docket 7981, page 2660. 17. Easement for electric transmission and distribution lines and rights incident thereto,as set forth in instrument recorded in Docket 8011, page 1198 and in Docket 7950, page 1235. 18. Easement for electric transmission and distribution lines and rights incident thereto, as set forth in instrument recorded in Docket 8018410_15,61 1569 19. Terms and conditions of License Agreement recoded in Docket 8039,page 2566. 20. Easement for utilities and sewer easements and rights incident thereto, as set forth in instrument recorded in Docket 8092, page 1692 and in Docket 8099, page 1467. 21. Grant of Easement for gas lines and rights incident thereto, as set forth in instrument recorded in Docket 8106, page 1973. 22. Rights which might have accrued by use,for the maintenance of public utilities or otherwise, of th ose certain areas abandoned as public highway as disclosed in instrument in Docket 8162,page 541. 23. Easement for bank.protection,drainage and access recorded in Docket 8539, page 383. 24. Liabilities and obligations imposed upon said land by reason of its inclusion within Golder Ranch Fire District. 25. Any adverse claim to any portion of said land which has been created by artificial means or which is accretion, alluvion,dereliction or avulsion with particular reference to that portion of the subject property lying within the"Big Wash'or any wash or arroyo and its tributaries. 26. Any easements or rights of way not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. • File No. 05504-26846 STEWART TITLE Commitment Sch B SAC GUARANTY COMPANY EXHIBIT"C" SPECIAL WARRANTY DEED For valuable consideration, I or we . ("Grantors"),do hereby convey to Pima CountyFlood Control District,apolitical taxi t s�b'division + .� of the State of Arizona the following described property situate in Pima County, rizdna: SEE ATTACHED EXHIBIT" "FOR LEGAL DESCRIPTION AND ATT . ESD EXHIBIT" " FOR DEPICTION ti' . .f � �J CC.� . SUi3 ECT TO all matters of record. '''c•� - 4:OW And the Grantor hereby binds itself and its successor Warrant the title against all acts of the Grantor herein and no other, subject only to matters abee='Iet forth. Dated this day of : 17. � s Title: STATE OF ARIZONA ) ss COUNTY OF PIMA .:�'•,.�., ) This instrument was acknowledged before me this day of ,2017, by fa as of4.\‘' Notary Public My t ' 'fission Expires: 4<?‘)V EXEMPTION:A.R.S. §11-1134.A.3. Board of Supervisors: Right of Way[]Parcel[ Agent: File#: Activity#: P[] De[] Do[] E[] SpecialWarrantyDeed.-Rev.12/2013 * 1111 1111111 11111 VIII IIIA 11111 1iii ilk Illil lilll illllVIII 1111111 WHEN RECORDED MAIL TO: SEQUENCE: 20172210509 No.Pima County, a political subdivision of the State of 8/9/2017 Pages: 4:26 PM Arizona 1;111:. 201 N. Stone Ave.,6th FloorF, ANNRODRIGUEZ, RECORDER Tucson,AZ 85701 Recorded By: KES(e-recordin 1 ESCROW NO. 05504-26846 SPACE ABOVE THIS LINE FOR RECORDERS USE CAPTION HEADING SPECIAL WARRANTY DEED EXEMPT A-3 DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT WHEN RECORDED MAIL TO: Pima County, a political subdivision of the State of Arizona 201 N. Stone Ave., 6th Floor Tucson,AZ 85701 ESCROW NO. 05504-26846 SPACE ABOVE THIS LINE FOR RECORDERS USE CAPTION HEADING SPECIAL WARRANTY DEED EXEMPT A-3 DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT SPECIAL WARRANTY DEED For valuable consideration,Overland Vistoso Limited Partnership,LLP,an Arizona limited liability partnership ("Grantor"), does hereby convey to Pima County Flood Control District, a political taxing subdivision of the State of Arizona,the following described property situate in Pima County, Arizona: SEE ATTACHED EXHIBIT "A"FOR LEGAL DESCRIPTION AND ATTACHED EXHIBIT "A-1"FOR DEPICTION SUBJECT TO all matters of record. And the Grantor hereby binds itself and its successors to warrant the title against all acts of the Grantors herein and no other,subject only to matters above set forth. Dated this `d day of �,ti , 2017. OVERLAND VISTOSO LIMITED PARTNERSHIP,LLP,an Arizona limited liability partnership By: Ready Two, LLC,Manager By: Bassett Property Company,formerly Bassett Hayden& Ray, asMa ._-r (41 By: , ► Perry E. E ssett,President STATE OF ARIZONA ) ) ss COUNTY OF PIMA ) This instrument was acknowledged before me this 2O"".-. day of ,2017,by Perry E. Bassett as President of Bassett Property Company, Manager of Ready Tw , LLC, Manager of Overland Vistoso Limited Partnership, LLP. KAROL A.AUNE `.� Notary Public•AritonNot. Public My Commission Exp' - �' � Pima County •� t • }c My Comm.Expires Mar.31,2019 EXEMPT ON:A.R,S.§11-1134•A-3• Board of Supervisors: Right of Way❑Parcel[X] Agent: DH File#: Acq-o473 Activity#:4BFACQ P[] De[] Do[X] E[] EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Neighborhood 2 Parcel F That portion of Sections 20 and 29,Township 11 South, Range 14 East,Gila and Salt River Meridian,Pima County, Arizona,described as follows: Commencing at the Northwest corner of the Southeast quarter of the said Section 20,being an angle point in the East line of that Parcel recorded in Docket 7761 at page 1525; Thence South 17°,00', 00",West,along the said East line,a distance of 894.56 feet to a point of curvature of a tangent curve,concave to the Northwest; Thence Southwesterly,along the said East line,along the arc of said curve,to the right,having a radius of 2,500.00 feet and a central angle of 012°,08',48°,for an arc distance of 530.00 feet to the Point of Beginning; Thence Southwesterly,along the said East line, along the arc of said curve,to the right,having a radius of 2,500.00 feet and a central angle of 014°,21', 12",for an arc distance of 626.28 feet to a point of tangency; Thence South 43°,30',00",West,along the said East line,a distance of 631.90 feet; Thence South 46°,30',00", East,1,525.00 feet; Thence South 43°,30',00°,West, 118.59 feet to a point of curvature of a tangent curve,concave.to the Southeast; Thence Southwesterly,along the arc of said curve,to the left, having a radius of 500.00 feet and a central angle of 037°, 22', 33",fro an arc distance of 326.17 feet to a point of tangency; Thence South 06°, 07',27', West, 140.44 feet; Thence South 83°, 52',33°, East, 100.00 feet to a point of curvature of a tangent curve,concave to the Southwest; Thence Southerly, along the arc of said curve,to the right,having a radius of 500.00 feet and a central angle of 060°,21' 32°,for an arc distance of 526.73 feet to a non-tangent line; ' Thence South 89°, 17',20", East,385.80 feet to the West right of way line of U.S. Highway 89; Thence North 01°,27',58", East,along the said right of way line,a distance of 174.00 feet to a point on the arc of a non- tangent curve,concave to the East,a radial line of said curve through said point having a bearing of North 87°,02',20", West; Thence Northerly, along the said right of way Iine, along the arc of said curve,to the right, having a radius of 3,919.72 feet and a central angle of 026°,27',56",for an arc distance of 1,810.56 feet to a non-tangent line; Thence North 30°, 55', 18", East, along the said right of way line,a distance of 164.00 feet; . Thence North 62°, 36',25",West, 1,745.37 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2,Phase 2, a subdivision of Pima County, Arizona,according to the map of record in the Pima County Recorder's Office in Book 51 of Maps and Plats at page 68. File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY EXHIBIT "A" [can't] PARCEL 2: Neighborhood 2 Parcel G • That portion of Sections 20 and 29,Township 11 South,Range 14 East, Gila and Salt River Meridian,Pima County, Arizona,described as follows; y Commencing at the Northwest corner of the Southeast quarter of the said Section 20,being an angle point in the East line of that Parcel recorded in Docket 7761 at page 1525; Thence South 17°, 00', 001', West, along the said East line,a distance of 894.56 feet to a point of curvature of a tan ent curve,concave to the Northwest; 9 Thence Southwesterly,along the said East line, along the arc of said curve,to the right,having a radius of 2,500.00 feet and a central angle of 026°, 30', 00",for an arc distance of 1,156.28 feet to a point of tangency; Thence South 43°,30', 00",West,along the said East line,a distance of 631.90 feet to the Point of Beginning; Thence South 43°,30',00", West,along the said East line,a distance of 1,270.00 feet; Thence South 42°,51',28°, East, 1,105.00 feet; Thence South 84°,17',26", East,482.05 feet to a point on the arc of a non-tangent curve,concave to the Southeast, a radial line of said curve through said point having a bearing of North 56°,06', 10",West; Thence Northeasterly,along the arc of said curve,to the right, having a radius of 500.00 feet and a central angle of 062° 13', 37",for an arc distance of 543.03 feet to a point of tangency; ' Thence South 83°,52',33", East,50.00 feet; Thence North 06°,07',27", East, 140.44 feet to a point of curvature of a tangent curve,concave to the Southeast; Thence Northeasterly,along the arc of said curve,to the right, having a radius of 500.00 feet and a central angle of 037°, 22',33",for an arc distance of 326.17 feet to a point of tangency; Thence North 43°, 30', 00", East, 118.59 feet; Thence North 46°,30', 00",West,1,525.00 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2,Phase 1 a subdivision of Pima County, Arizona,according to the map of record in the Pima County Recorder's Office in Book 49 of Maps and Plats at page 22 and; EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2,Phase 2,a subdivision of Pima County, Arizona,according to the map of record in the Pima County Recorder's Office in Book 51 of Maps and Plats at page 17: AND FURTHER EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2, Phase 2 a subdivision of Pima County,Arizona, according to the map of record in the Pima County Recorder's Office in Book 51 of Maps and Plats at page 68. PARCEL 3: Neighborhood 2, Parcel H That portion of Section 29,Township 11 South, Range 14 East,Gila and Salt River Meridian, Pima County,Arizona, described as follows: Commencing at the south one-quarter(S1/4)corner of the said Section 29; File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY EXHIBIT "A" [cort't) Thence South 89°,40',30", East, along the south line of the said Section 29,a distance of 453.61 feet, measured (453.43 feet, record)to the west right of way line of U.S. Highway 89; Thence North 00°,41', 59", East,along the said right of way line,a distance of 835.90 feet to the north right of way line of Rancho Vistoso Boulevard,recorded in Docket 7868 at page 1456; Thence North 89°, 18',01",West,along the said right of way line, a distance of 453.99 feet, measured(453.83 feet, record)to a point of curvature of a tangent curve concave to the Northeast; Thence Northwesterly,along the said right of way line,along the arc of said curve,to the right, having a radius of 1,425.00 feet and a central angle of 068°,25',28",for an arc distance of 1,701.78 feet to a point of tangency; Thence North 20°,52',33',West,along the said right of way line,a distance of 686.35 feet to the Point of Beginning; Thence North 20°,52',33",West,along the said right of way line,a distance of 69.99 feet to a point of curvature of a tangent curve concave to the Southwest; Thence Northwesterly,along said right of way line,along the arc of said curve,to the left,having a radius of 6,895.93 feet and a central angle of 006°,18',00",for an arc distance of 758.25 feet to a point of tangency; Thence North 27°, 10',33",West,along the said right of way line,a distance of 1,274.36 feet to a point of curvature of a tangent curve concave to the Southwest; Thence Northwesterly,along the said right of way line,along the arc of said curve,to the left, having a radius of 5,560.77 feet and a central angle of 001°, 32',20",for an arc distance of 149.36 feet to the Southeasterly line of that parcel recorded in Docket 7761 at page 1525; Thence North 56°,35',53", East,along the said line,a distance of 474.05 feet; Thence South 42°,51',28", East, 1,105.00 feet; Thence South 84°,17',26", East,482.05 feet to a point on the arc of a non tangent curve concave to the East,a radial line of said curve through said point having a bearing of North 56°, 06', 10",West; Thence Southerly along the arc of said curve,to the left, having a radius of 500.00 feet and a central angle of 027°, 46', 23",for an arc distance of 242.37 feet to a point of tangency; Thence South 06°,07',27", West,680.00 feet to a point of curvature of a tangent curve concave to the Northwest; Thence Southwesterly along the arc of said curve,to the right, having a radius of 580.00 feet and a central angle of 063°, 00', 00",for an arc distance of 637.74 feet to a point of tangency; Thence South 69°,07',27", West,125.00 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistoso Neighborhood 2, Phase 1,a-subdivision of Pima County, Arizona,according to the map of record in the Pima County Recorder's Office in Book 49 of Maps and Plats at page 22 PARCEL 4: Neighborhood 2, Parcel i; That portion of Section 20,Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County,Arizona, described as follows: Beginning at the Northwest corner of the Southeast quarter of the said Section 20,being an angle point in the East line of that Parcel recorded in Docket 7761 at page 1525; Thence South 17°,00',00", West,along the said East line,a distance of 894.56 feet to a point of curvature of a tangent File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY EXHIBIT "A" [can't) curve,concave to the Northwest; Thence Southwesterly, along the said East line,along the arc of said curve, to the right, having a radius of 2,500.00 feet and a central angle of 012°, 08',48",for an arc distance of 530.00 feet to a non-tangent line; Thence South 62°,36',25", East, 1,745.37 feet to the West right of way line of U.S.Highway 89; Thence North 30°,55', 18", East, along the said right of way line, a distance of 140.00 feet to an angle point; Thence North 31°,40', 36", East,along the said right of way line, a distance of 238.42 feet to a point of curvature of a tangent curve,concave to the Northwest; Thence Northeasterly,along the said right df way line,along the arc of said curve to the left, having a radius of 11,359.16 feet and a central angle of 010°, 15',17",for an arc distance of 2,033.05 feet to the North line of the said Southeast quarter; Thence North 89°,50',38",West, along the said North line,a distance of 2,185.44 feet to the Point of Beginning. EXCEPTING therefrom any portion lying within Rancho Vistas()Neighborhood 2,a subdivision of Pima County,Arizona, according to the map of record in the Pima County Recorder's Office in Book 56 of Maps and at File No. 05504-26846 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY _. - ______ EXHIBIT Elk::'-'I TOWNSHIP I1 =�° RANGE 14 1., - a ���( SECTION 20 & 29 30 ��- ,., umlis SEC 20 & 29 G&SRM P[DiA COUNTY, ARIZONA ilak - *NI is yi. re p: iiiPo" 111118 Vas ON SLIIII ril illii. F114 r % iii \ a-,-,--- .• M .. fist", NS a av 44* ‘ ` .. g4r jat A,, * "44 7 P 0 . ‘.. 4 : 4P, 4 t- W cOV 4 * if • * 1. ,?, , Vri 004* * 4111IP Ow 1 4* 9 110 #014 vow 4/ it 4,9 . * 4. .1 / , •evo. #. O ilk i aueltt "I V i aft, &/ / 7 0# W 4<7 'C) rV/ 2 ' : All % Air "P ilw at go 101 r/ * le tidy ��j, 14 al g I r,`=�ta4$‘ �� 0 C rs1- mi — "44yr\ 11011 owwe eif sel S' 01 d P 4 *a • • �� sw *it 4, aft, ��� OSI •04•I4' op*Ai - - • o • .4... ve s# 4 ce 11* - 110 k 4 , o ' a * sa0.4 ',I itg Li 0 "41 # A . --I 1 frAt I Ir- c) Aouni Ae,A kot. ., 4 al (c2De ft.. 4 ri Homoill1II/� I��� - •*still' 1 I mom 'VAN, 1A Illll/11IIU = � IT 111111 ��/� PARCELS 223-02-013A 223-02-011 C 223-04-097B 223-04-096A N PIMA COUNTY DEPARTMENT OF TRANSPORTATION ENGINEERING INFORMATION MANAGEMENT 17007 DRAWING NOT TO SCALE DRAWN BY: S. BUTLER DATE: JAN 2017 Perez, Patricia From: Vella, Bayer Sent: Friday, September 08, 2017 10:55 AM To: Perez, Patricia Cc: Standish, Michael Subject: FW: Overland Vistoso Donation-Fully Executed Agreement Attachments: Special Warranty Deed - Recorded.pdf Hi Patricia, Please go ahead and record agreement. Thanks, Bayer Vella, AICP OV Planning Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley,AZ 85737 www.orovalleyaz.gov (520) 229-4810 From: Dana Hausman [mailto:Dana.Hausman@pima.gov] Sent: Friday, September 08, 2017 10:09 AM To:Vella, Bayer<bvella@orovalleyaz.gov> Cc: Ellis, Nancy<nellis@orovalleyaz.gov>; Diaz-Trahan, Kristy<kdiaz-trahan@orovalleyaz.gov>; Steve Anderson <Steve.Anderson@pima.gov> Subject: RE: Overland Vistoso Donation-Fully Executed Agreement Hi Bayer, Attached is a copy of the recorded Deed. Pima County rarely records the actual Agreement. Please contact me if you have any questions. Thank you. Dana Hausman Sr. Real Property Acquisition Agent Pima County Real Property 201 N. Stone, 6th Floor Tucson, AZ 85701 520-724-6713 dhausman()pima.gov 1 Y From:Steve Anderson Sent: Friday, September 8, 2017 8:22 AM To:Vella, Bayer<bvella@orovalleyaz.gov>; Dana Hausman <Dana.Hausman@pima.gov> Cc: Ellis, Nancy<nellis@orovalleyaz.gov>; kdiaz-trahan@orovalleyaz.gov Subject: RE: Overland Vistoso Donation-Fully Executed Agreement Hi Bayer, Unfortunately, we're don't handle the recording of the document, so we're not kept up to date on it. Dana Hausman can tell you about it, however. She's a Real Estate ace. Any news on a date, place and time for our Oro Valley public meeting? We were thinking of doing it September 26th or 28th in an open house style meeting from 5:30 p.m.to 7:30 p.m. We just need to be told where we should go. We'll bring the maps. You guys will be the hosts, and be "in charge." Thanks! -SA From:Vella, Bayer [mailto:bvella@orovalleyaz.gov] Sent:Thursday, September 7, 2017 5:23 PM To:Steve Anderson <Steve.Anderson@pima.gov> Cc: Ellis, Nancy<nellis@orovalleyaz.gov> Subject: FW: Overland Vistoso Donation-Fully Executed Agreement Hi Steve, I assume that the County has already recorded this??? If not—we will get to it. Thanks, Bayer Vella, AICP OV Planning Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley,AZ 85737 www.orovalleyaz.gov (520) 229-4810 From:Vella, Bayer Sent:Thursday, September 07, 2017 5:19 PM To: Perez, Patricia <pperez@orovalleyaz.gov> Cc: Standish, Michael<mstandish@orovalleyaz.gov>; Ellis, Nancy<nellis@orovalleyaz.gov> Subject: RE: Overland Vistoso Donation-Fully Executed Agreement Hi Patricia, Let me check with folks at Pima County...it may have already been recorded by their Property Division.... Thanks, Bayer Vella,AICP 2 OV Planning Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 www.orovalleyaz.gov (520) 229-4810 From: Perez, Patricia Sent:Thursday, September 07, 2017 2:50 PM To:Vella, Bayer<bvella@orovalleyaz.gov> Cc: Standish, Michael <mstandish@orovalleyaz.gov> Subject: FW: Overland Vistoso Donation-Fully Executed Agreement Bayer— After speaking to Mike about this agreement, he suggested I record it with the Pima County Recorder's Office if that's acceptable to you? Thanks, Patti From: Perez, Patricia Sent:Thursday, September 07, 2017 1:40 PM To:Vella, Bayer<bvella@orovalleyaz.gov> Cc:Standish, Michael <mstandish@orovalleyaz.gov> Subject: Overland Vistoso Donation-Fully Executed Agreement Bayer— Attached is fully executed agreement for Overland Vistoso Donation—Big Wash. Thanks, Patti Perez Senior Office Specialist Town Clerk's Office Town of Oro Valley 11000 N. La Canada Dr. Oro Valley,AZ 85737 Phone: 520-229-4740 Fax: 520-297-0428 PPerez@orovalleyaz.gov 3 Perez, Patricia From: Dana Hausman <Dana.Hausman@pima.gov> Sent: Thursday, September 07, 2017 12:21 PM To: Perez, Patricia Subject: RE: Following up on Overland Vistoso Donation Attachments: CTN - Final;.pdf Hi Patti, I have to apologize. It looks like Pima County Procurement kept one original and the other went to the Donor at closing. I have attached a copy of the fully executed Donation Agreement for your records. Again, I'm very sorry for any inconvenience. Sincerely, '31)1))) 1 Dana Hausman Sr. Real Property Acquisition Agent � � ut) \:,/.)1(Li)jfilfri Pima CountyReal Property p Y 201 N. Stone, 6th Floor Tucson, AZ 85701 520-724-6713 dhausman@pima.gov 61i„joa From: Perez, Patricia [mailto:pperez@orovalleyaz.gov] Sent:Thursday, September 7, 2017 11:36 AM To: Dana Hausman <Dana.Hausman@pima.gov> Subject: Following up on Overland Vistoso Donation Good morning Dana, I'm just following up on a signed original agreement to donate real property—Big Wash donation, Oro Valley Resolution 17-23 approved 6/7/17. I mailed you two original agreements on June 12, 2017. Board of Supervisors approved on 7/11/17. I have not yet received a fully executed original agreement. Could you please check to see if one has been mailed? Thank you, Patti Perez Senior Office Specialist Town Clerk's Office Town of Oro Valley 11000 N. La Canada Dr. Oro Valley,AZ 85737 Phone: 520-229-4740 Fax: 520-297-0428 pperez@orovalleyaz.gov 2 O\iP``EY`ARp Off' ' '"tP 4 w P A AbUIVDED All Town Clerk's Office June 12, 2017 Attn: Dana Hausman Sr. Real Property Acquisition Agent Pima County Real Property 201 N. Stone Ave., Sixth Floor Tucson, AZ 85701 RE: Overland Vistoso Limited Partnership, LLP Donation Dear Ms Hausman: Enclosed please find two (2) original Agreements to donate Real Property for the item as described above. Please gather the necessary signatures on both Agreements and forward and one (1) fully executed original to the following address: Attn: Patti Perez, Town of Oro Valley, 11,000 N. La Canada Dr., Oro Valley, AZ 85737. Please keep the other original nal Agreement for your records. I have also enclosed a copy of Resolution No. 7-23 (R)1as adopted by the Oro Valley Town Council on June 7, 2017 fory our records. Thank you. f LOji)v Sincerely, t Patti Perez I11 \ I,)) ' Senior Office Specialist Enc Caring for our heritage, our community, our future. www.orovalleyaz.gov 11000 N.La Canada Drive•Oro Valley,Arizona 85737 phone:(520)229-4700•fax:(520)297-0428 41141* Real Public Works Administration Property Services 201 N. Stone Avenue, Sixth Floor PIMA cOUNTY Tucson, Arizona 85701-1215 (520) 724-6313 FAX (520) 724-6763 May 1, 2017 Bayer Valle TOWN OF ORO VALLEY Community Development Building 11000 N. La Canada Oro Valley, AZ 85737 RE: Big Wash Donation Dear Bayer: Enclosed are two original Agreements to Donate Real Property. Please obtain the necessary signatures and return the Agreements to me for final processing through the Pima County Procurement Department. Please contact me if you have any questions. Thank you, Y)'La ana Hausman Senior Real Property Acquisition Agent Enclosures Perez, Patricia From: Standish, Michael Sent: Thursday,June 08, 2017 1:07 PM To: Perez, Patricia Subject: FW: Overland Vistoso Donation Hi Patti, Once we receive the signed agreements/resolution back, please send the original agreements and a copy of the resolution to Dana (address below). Thank you! Mike Original Message From: Vella, Bayer Sent:Thursday,June 08, 2017 12:44 PM To: Dana Hausman <Dana.Hausman@pima.gov> Cc: Ellis, Nancy<nellis@orovalleyaz.gov>; Diaz-Trahan, Kristy<kdiaz-trahan@orovalleyaz.gov>; Steve Anderson <Steve.Anderson@pima.gov>; Standish, Michael <mstandish@orovalleyaz.gov> Subject: RE: Overland Vistoso Donation Hi Dana, Perfect. We are excited to get out there and build trails. We expect to have signatures complete on Friday morning. Mike Standish,Town Clerk, will then mail the agreements directly to you. Thanks, Bayer Vella, AICP OV Planning Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 www.orovalleyaz.gov (520) 229-4810 Original Message From: Dana Hausman [mailto:Dana.Hausman@pima.gov] Sent: Thursday,June 08, 2017 11:55 AM To:Vella, Bayer<bvella@orovalleyaz.gov> Cc: Ellis, Nancy<nellis@orovalleyaz.gov>; Diaz-Trahan, Kristy<kdiaz-trahan@orovalleyaz.gov>; Steve Anderson <Steve.Anderson@pima.gov>; Standish, Michael <mstandish@orovalleyaz.gov> Subject: RE: Overland Vistoso Donation Hi Bayer, Great news! Please mail the 2 original agreements back to me and I will get them scheduled for the next available Pima County Board of Supervisors Meeting. When the agreements are fully executed, I will send you one for your records. Thank you. Dana Hausman Sr. Real Property Acquisition Agent Pima County Real Property 201 N. Stone, 6th Floor Tucson,AZ 85701 520-724-6713 dhausman@pima.gov Original Message From:Vella, Bayer [mailto:bvella@orovalleyaz.gov] Sent:Thursday,June 8, 2017 11:43 AM To: Dana Hausman <Dana.Hausman@pima.gov> Cc: Ellis, Nancy<nellis@orovalleyaz.gov>; Diaz-Trahan, Kristy<kdiaz-trahan@orovalleyaz.gov>; Steve Anderson <Steve.Anderson@pima.gov>; Standish, Michael<mstandish@orovalleyaz.gov> Subject: RE: Overland Vistoso Donation Hi Dana, Town Council voted last night to approve the$5,000 max payment for closing costs. I should have signatures very shortly.Where should we send the final contract copies? Thanks, Bayer Vella, AICP OV Planning Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley,AZ 85737 www.orovalleyaz.gov (520) 229-4810 Original Message From: Dana Hausman [mailto:Dana.Hausman@pima.gov] Sent:Tuesday, May 09, 2017 11:08 AM To:Vella, Bayer<bvella@orovalleyaz.gov> Subject: FW: Overland Vistoso Donation Hi Bayer, Attached is the estimated settlement statement from Stewart Title and Trust for the Big Wash donation. The closing costs and Phase I Environmental fee total $4,089.58. 2 Can you give me an idea of when the signed Agreements will be returned to me? Thanks! Dana Hausman Sr. Real Property Acquisition Agent Pima County Real Property 201 N. Stone, 6th Floor Tucson,AZ 85701 520-724-6713 dhausman@pima.gov Original Message From: Kim Moss [mailto:Kim.Moss@stewart.com] Sent:Tuesday, May 9, 2017 10:06 AM To: Dana Hausman <Dana.Hausman@pima.gov> Subject: Overland Vistoso Donation Estimated closing statement attached. KIM MOSS Escrow Officer Stewart Title &Trust of Tucson 6400 N Oracle Rd, Ste 102 Tucson, AZ 85704 O (520) 575-0365 I F (520) 322-3605 stewart.com/tucson I kim.moss@stewart.com NYSE: STC **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS that differ from what was provided, call your escrow officer immediately to verify the information prior to sending funds.** Original Message From: sttaz@stewartaz.com [mailto:sttaz@stewartaz.com] Sent: Tuesday, May 09, 2017 10:16 AM To: Kim Moss Subject: Message from "Kim.Moss" This E-mail was sent from "Kim.Moss" (MP 401SPF). Scan Date: 05.09.2017 13:15:41 (-0400) Queries to: sttaz@stewartaz.com This email message is for the sole use of the intended recipient(s) and may contain confidential information.Any unauthorized review, use, disclosure or distribution is prohibited. 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