Attachment A - Draft Ordinance - Z-SP-1-20-1.pdf

City of Phoenix — Formal (2020-09-02)

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ATTACHMENT A 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP 
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF 
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN (CASE 
Z-SP-1-20-1) FROM R-5 (PENDING C-2) (MULTIFAMILY 
RESIDENCE DISTRICT (PENDING INTERMEDIATE COMMERCIAL 
DISTRICT)) AND C-2 (INTERMEDIATE COMMERCIAL DISTRICT) 
TO C-2 SP (INTERMEDIATE COMMERCIAL DISTRICT, SPECIAL 
PERMIT). 
 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of an 11.23-acre site located on the northeast 
corner of 21st Avenue and Bell Road in a portion of Section 36, Township 4 North, Range 
2 East, as described more specifically in Exhibit “A”, is hereby changed from 2.15 acres of 
“R-5 (Pending C-2)” (Multifamily Residence District (Pending Intermediate Commercial 
District)) and 9.08 acres of “C-2” (Intermediate Commercial District) to 11.23 acres of “C-2 
SP” (Intermediate Commercial District, Special Permit) to allow a Special Permit for auto 
sales and all underlying C-2 uses. 
SECTION 2. The Planning and Development Director is instructed to modify 
the Zoning Map of the City of Phoenix to reflect this use district classification change as 
shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use district 
applied for by the applicant, this rezoning is subject to the following stipulations, violation 
of which shall be treated in the same manner as a violation of the City of Phoenix Zoning 
Ordinance: 
1. 
The development shall be in general conformance to the site plan date stamped 
May 19, 2020, as modified by the following stipulations and approved by the 
Planning and Development Department. 
 
 
2. 
All building elevations shall contain three of the following architectural 
embellishments and detailing: textural changes, pilasters, offsets, recesses, 
variation in window size and location, or overhang canopies, as approved by the 
Planning and Development Department. 
 
 
3. 
The developer shall provide a minimum 10-foot landscape setback along the 
northern site boundary where adjacent to residential zoning. The landscape 
setback shall be planted with two rows of minimum 60 percent 2-inch caliper trees 
and minimum 40 percent 3-inch caliper trees planted 20-feet on center or in 
equivalent groupings, as approved by the Planning and Development 
Department. 
 
 
4. 
All sidewalks shall be detached with a minimum 5-foot-wide landscape area 
located between the sidewalk and back of curb and planted to the following 
standards, as approved by the Planning and Development Department. Where 
utility conflicts exist, the developer shall work with the Planning and Development 
Department on alternative design solutions with a pedestrian environment. 
 
 
 
a. 
Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a 
minimum of 25 feet on center or equivalent groupings to provide a 
minimum of 75 percent shade on adjacent sidewalks. 
 
 
 
 
b. 
Drought tolerant shrubs and vegetative groundcovers with a maximum 
mature height of 24 inches to provide a minimum of 75 percent live 
coverage at maturity. 
 
 
 
 
c. 
Trees shall be placed to provide 50 percent shade coverage to the bus 
stop pad at full maturity. 
 
 
5. 
Cleary defined, accessible pedestrian pathways constructed of decorative pavers, 
stamped or colored concrete or another material, other than those used to pave 
the parking surfaces and drive aisles shall be provided connecting all building 
entrances and exits, the bus stop pad, and all public sidewalks utilizing the 
minimum possible distance and providing the most direct route, as approved by 
the Planning and Development Department. Trees shall be placed to provide 75 
percent shade coverage at full maturity on all pedestrian pathways and sidewalks.

6. 
All uncovered surface parking lot areas for customer parking and employee 
parking, as noted on the site plan, shall be landscaped with a minimum 2-inch 
caliper shade trees. Landscaping shall be dispersed throughout the parking area 
and achieve 35 percent shade at maturity, as approved by Planning and 
Development Department. 
 
 
7. 
A minimum of two inverted-U bicycle racks for guests or employees shall be 
provided on site and installed per the requirements of Section 1307.H. of the 
Zoning Ordinance, as approved by the Planning and Development Department. 
 
 
8. 
Right-of-way totaling 40 feet shall be dedicated for the east half of 21st Avenue, 
as approved by the Planning and Development Department. 
 
 
9. 
The developer shall not be permitted to modify the median on Bell Road for 
change in access, unless approved by the Street Transportation Department. 
 
 
10. 
Right-of-way totaling 6 feet shall be dedicated for the south half of the alley along 
the northern property line, east of 21st Avenue, as approved by the Planning and 
Development Department. 
 
 
11. 
As measured from the north extension of the monument line of 21st Avenue (the 
21st Avenue that is located south of Bell Road), no driveway shall be permitted 
along Bell Road within 100 feet east or west (east portion half of the application 
boundary). 
 
 
12. 
The developer shall provide a recorded a vehicular cross access easement for 
parcels Nos. 208-07-001W, 208-07-082A and 208-07-351 to allow the proposed 
sites to function cohesively. The agreement is to be reviewed and approved by 
the Planning and Development Department prior to recordation with Maricopa 
County. 
 
 
13. 
The developer shall construct all streets within and adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, 
landscaping and other incidentals, as per plans approved by the Planning and 
Development Department. All improvements shall comply with all ADA 
accessibility standards. 
 
 
14. 
The developer shall reconstruct the bus stop pad and dedicate right of way along 
westbound Bell Road. The bus stop pad shall be compliant with City of Phoenix 
Standard Detail P1262 with a minimum depth of 10-feet. The final location of the 
bus stop pad shall require approval from the Public Transit Department and be 
constructed according to City of Phoenix Standard Detail P1258, as approved by 
the Planning and Development Department. 
 
 
15. 
In the event archaeological materials are encountered during construction, the 
developer shall immediately cease all ground disturbing activities within a 33-foot 
radius of the discovery, notify the City Archaeologist, and allow time for the 
Archaeology Office to properly assess the materials.

16. 
The developer shall record a Notice to Prospective Purchasers of Proximity to 
Airport in order to disclose the existence and operational characteristics of 
Phoenix Deer Valley Airport (DVT) to future owners or tenants of the property as 
approved by the Aviation Department. 
 
 
17. 
The developer shall provide documentation to the City prior to final site plan 
approval that Form 7460-1 has been filed for the development and that the 
development received a “No Hazard Determination” from the FAA. If temporary 
equipment used during construction exceeds the height of the FAA and a “NO 
Hazard Determination” obtained prior to the construction start date. 
 
 
18. 
Prior to preliminary site plan approval, the landowner shall execute a Proposition 
207 waiver of claims form. The waiver shall be recorded with the Maricopa 
County Recorder's office and delivered to the City to be included in the rezoning 
application file for record. 
 
SECTION 4. If any section, subsection, sentence, clause, phrase or portion 
of this ordinance is for any reason held to be invalid or unconstitutional by the decision of 
any court of competent jurisdiction, such decision shall not affect the validity of the 
remaining portions hereof.  
PASSED by the Council of the City of Phoenix this 2nd day of September 
2020.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager

Exhibits: 
A – Legal Description (8 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-SP-1-20-1 
 
 
PARCEL NO. 1: 
 
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, 
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
 
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; 
 
THENCE NORTH 00 DEGREES 11 MINUTES 30 SECONDS WEST 65.01 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 1100.67 FEET 
PARALLEL TO AND 65 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 36; 
 
THENCE NORTH 11 DEGREES 58 MINUTES 52 SECONDS EAST 307.89 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 205.26 FEET 
ALONG A LINE PARALLEL TO AND 365 FEET NORTH OF THE SOUTH LINE OF SAID 
SECTION 36 TO THE TRUE POINT OF BEGINNING; 
 
THENCE CONTINUING SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 
315.60 FEET; 
 
THENCE NORTH 01 DEGREES 01 MINUTES 08 SECONDS WEST 500 FEET TO A 
POINT ON THE SOUTH LINE OF VILLAGE MEADOWS NO. 6, ACCORDING TO BOOK 
92 OF MAPS, PAGE 34, RECORDS OF MARICOPA COUNTY, ARIZONA; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST 172.44 FEET TO 
THE SOUTHEAST CORNER OF SAID VILLAGE MEADOWS NO. 6 WHICH IS ALSO 
THE SOUTHWEST CORNER OF VILLAGE MEADOWS NO. 9, ACCORDING TO BOOK 
104 OF MAPS, PAGE 1, RECORDS OF MARICOPA COUNTY, ARIZONA; 
 
THENCE CONTINUING NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST 
258.59 FEET ALONG THE SOUTH LINE OF SAID VILLAGE MEADOWS NO. 9, TO A 
CORNER OF SAID VILLAGE MEADOWS NO. 9; 
 
THENCE SOUTH 11 DEGREES 58 MINUTES 52 SECONDS WEST 513.15 FEET TO 
THE TRUE POINT OF BEGINNING; 
 
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED UNTO THE 
STATE OF ARIZONA IN PATENT RECORDED IN DOCKET 1381, PAGE 233, 
RECORDS OF MARICOPA COUNTY, ARIZONA.

PARCEL NO. 2: 
 
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, 
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; 
THENCE NORTH 00 DEGREES 11 MINUTES 30 SECONDS WEST 65.01 
FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 
1305.93 FEET PARALLEL TO AND 65 FEET NORTH OF THE SOUTH LINE 
OF SECTION 36 TO THE TRUE POINT OF BEGINNING; 
 
THENCE NORTH 11 DEGREES 58 MINUTES 52 SECONDS EAST 307.89 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST PARALLEL TO 
AND 365 FEET NORTHERLY FROM THE SOUTH LINE OF SAID SECTION 36, 954.27 
FEET; 
 
THENCE SOUTH 01 DEGREES 01 MINUTES 08 SECONDS EAST 300.00 FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST ALONG A LINE 
PARALLEL TO AND 65 FEET NORTHERLY FROM THE SOUTH LINE OF SAID 
SECTION 36, 885.01 FEET TO THE TRUE POINT OF BEGINNING; 
 
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: 
 
COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 4 
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, DISTANT THEREON 1720.00 FEET WESTERLY 
FROM THE SOUTHEAST CORNER OF SAID SECTION 36; 
 
THENCE NORTH 01 DEGREES 01 MINUTES 08 SECONDS WEST 65.00 FEET TO 
THE POINT OF BEGINNING; 
 
THENCE NORTH 01 DEGREES 01 MINUTES 08 SECONDS WEST 150 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 90.00 FEET; 
 
THENCE SOUTH 01 DEGREES 01 MINUTES 08 SECONDS EAST 150.00 FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST 90.00 FEET TO THE 
POINT OF BEGINNING; AND

EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED UNTO THE 
STATE OF ARIZONA, IN PATENT RECORDED IN DOCKET 1381, PAGE 233, 
RECORDS OF MARICOPA COUNTY, ARIZONA; AND 
 
EXCEPT ANY PORTION OF SAID LAND LYING WESTERLY OF THE EASTERLY 
RIGHT OF WAY LINE OF 21ST AVENUE AS MORE PARTICULARLY DESCRIBED IN 
DOCKET 7732, PAGES 49 AND 51; AND 
 
EXCEPT THAT PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 
4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
 
BEGINNING AT THE MOST EASTERLY SOUTHEAST CORNER OF VILLAGE 
MEADOWS NO. 9, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE 
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN BOOK 104 OF MAPS, 
AT PAGE 1, RECORDS OF MARICOPA COUNTY, ARIZONA; 
 
THENCE SOUTH 67 DEGREES 07 MINUTES 00 SECONDS WEST ALONG A SOUTH 
LINE OF SAID VILLAGE MEADOWS NO. 9, A DISTANCE OF 157.94 FEET TO A 
CORNER THEREOF AND THE TRUE POINT OF BEGINNING; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST ALONG THE MOST 
SOUTHERLY SOUTH LINE OF SAID VILLAGE MEADOWS NO. 9 TO AN 
ORTHOGONAL LINE, HEREIN DESIGNATED AS LINE A FOR DESCRIPTIVE 
PURPOSES WHICH EXTENDS SOUTHERLY FROM THE MOST SOUTHERLY 
SOUTHWEST CORNER OF LOT 365 OF SAID VILLAGE MEADOWS NO. 9; 
 
THENCE CONTINUING SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 
ALONG SAID MOST SOUTHERLY SOUTH LINE AND ALONG THE MOST 
SOUTHERLY SOUTH LINE OF VILLAGE MEADOWS NO. 6, ACCORDING TO THE 
PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA 
COUNTY, ARIZONA, IN BOOK 92 OF MAPS, PAGE 34, TO AN ORTHOGONAL LINE, 
HEREIN DESIGNATED AS LINE B FOR DESCRIPTIVE PURPOSES, WHICH 
EXTENDS SOUTHERLY FROM THE MOST SOUTHERLY SOUTHEAST CORNER OF 
LOT 250 OF SAID VILLAGE MEADOWS NO. 6; 
 
THENCE CONTINUING SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 
ALONG SAID MOST SOUTHERLY LINE OF VILLAGE MEADOWS NO. 6 TO A POINT 
FROM WHICH THE SOUTHEAST CORNER THEREOF BEARS NORTH 88 DEGREES 
58 MINUTES 52 SECONDS EAST A DISTANCE OF 172.44 FEET; 
 
THENCE SOUTH 01 DEGREES 01 MINUTE 08 SECONDS EAST A DISTANCE OF 6 
FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST TO SAID LINE B; 
THENCE NORTHEASTERLY TO THE INTERSECTION OF SAID LINE A WITH A LINE

WHICH IS PARALLEL WITH AND 4 FEET SOUTHERLY OF, AS MEASURED AT RIGHT 
ANGLES TO, SAID MOST SOUTHERLY SOUTH LINE OF VILLAGE MEADOWS NO. 9; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST ALONG SAID 
PARALLEL LINE TO A POINT WHICH BEARS SOUTH 11 DEGREES 58 MINUTES 52 
SECONDS WEST FROM THE TRUE POINT OF BEGINNING; 
 
THENCE NORTH 11 DEGREES 58 MINUTES 52 SECONDS EAST TO THE TRUE 
POINT OF BEGINNING. 
 
PARCEL NO. 3: 
 
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, 
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 
 
COMMENCING AT A POINT ON THE SOUTH LINE OF SECTION 36, DISTANCE 
THEREON 1720.00 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID 
SECTION 36; 
 
THENCE NORTH 1 DEGREE 1 MINUTE 8 SECONDS WEST 65.00 FEET TO THE 
POINT OF BEGINNING; 
 
THENCE NORTH 1 DEGREE 1 MINUTE 8 SECONDS WEST 150.00 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 90.00 FEET; 
 
THENCE SOUTH 1 DEGREE 1 MINUTE 8 SECONDS EAST 150.00 FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST 90.00 FEET TO THE 
POINT OF BEGINNING. 
 
EXCEPT ALL GAS, OIL, METALS AND MINERAL RIGHTS AS RESERVED IN PATENT 
FROM THE STATE OF ARIZONA RECORDED JUNE 28, 1954 IN DOCKET 1381, PAGE 
233. 
 
PARCEL NO. 4: 
 
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, 
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; 
 
THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF 
65.01 FEET;

THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF 
1697.99 FEET PARALLEL TO AND 65.00 FEET NORTH OF THE SOUTH LINE OF SAID 
SECTION 36; 
 
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF 
300.00 FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF 
146.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND 
DESCRIBED IN DOCKET 8024, PAGE 141, MARICOPA COUNTY RECORDS; 
 
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF 
100.00 FEET TO THE TRUE POINT OF BEGINNING; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF 
186.88 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 21ST AVE., AS 
DESCRIBED IN DOCKET 7732, PAGE 45; 
 
THENCE NORTH 19 DEGREES 05 MINUTES 07 SECONDS EAST (MEASURED) 
(RECORDED NORTH 19 DEGREES 08 MINUTES 22 SECONDS EAST) A DISTANCE 
OF 41.90 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, 
THE CENTER OF WHICH BEARS NORTH 70 DEGREES 54 MINUTES 53 SECONDS 
WEST A DISTANCE OF 1081.74 FEET; 
 
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 
CENTRAL ANGLE OF 5 DEGREES 25 MINUTES 49 SECONDS A DISTANCE OF 
102.52 FEET TO A POINT ON A RADIAL LINE BEARING SOUTH 76 DEGREES 20 
MINUTES 42 SECONDS EAST; 
 
THENCE SOUTH 76 DEGREES 20 MINUTES 42 SECONDS EAST A DISTANCE OF 
146.63 FEET; 
 
THENCE SOUTH 1 DEGREES 01 MINUTE 08 SECONDS EAST A DISTANCE OF 
100.00 FEET TO THE TRUE POINT OF BEGINNING. 
 
EXCEPT ALL GAS, OIL, METALS AND MINERAL RIGHTS AS RESERVED TO THE 
STATE OF ARIZONA IN PATENT RECORDED IN DOCKET 1381, PAGE 233. 
 
PARCEL NO. 5: 
 
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, 
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;

THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF 
65.01 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF 
1697.99 FEET PARALLEL TO AND 65.00 FEET NORTH OF THE SOUTH LINE OF SAID 
SECTION 36; 
 
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF 
300.00 FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF 
146.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND 
DESCRIBED IN DOCKET 8024, PAGE 141, MARICOPA COUNTY RECORDS; 
 
THENCE NORTH 1 DEGREE 01 MINUTE 08 SECONDS WEST A DISTANCE OF 
200.00 FEET TO THE TRUE POINT OF BEGINNING; 
 
THENCE NORTH 76 DEGREES 20 MINUTES 42 SECONDS WEST RADIALLY A 
DISTANCE OF 146.63 FEET TO A POINT ON A CURVE CONCAVE TO THE 
NORTHWEST, THE CENTER OF WHICH BEARS NORTH 76 DEGREES 20 MINUTES 
42 SECONDS WEST A DISTANCE OF 1081.74 FEET, AND A POINT ON THE EAST 
RIGHT OF WAY LINE OF 21ST AVENUE, AS DESCRIBED IN DOCKET 7732, PAGE 
45, MARICOPA COUNTY RECORDS; 
 
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 
CENTRAL ANGLE OF 6 DEGREES 51 MINUTES 20 SECONDS A DISTANCE OF 
129.43 FEET TO A POINT ON A RADIAL LINE BEARING SOUTH 83 DEGREES 12 
MINUTES 02 SECONDS EAST; 
 
THENCE SOUTH 83 DEGREES 12 MINUTES 02 SECONDS EAST A DISTANCE OF 
117.71 FEET; 
 
THENCE SOUTH 1 DEGREE 01 MINUTE 08 SECONDS EAST A DISTANCE OF 148.00 
FEET TO THE TRUE POINT OF BEGINNING; 
 
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED IN THE 
PATENT. 
 
PARCEL NO. 6: 
 
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, 
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;

THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF 
65.01 FEET; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF 
1697.99 FEET PARALLEL TO AND 65 FEET NORTH OF THE SOUTH LINE OF SAID 
SECTION 36; 
 
THENCE NORTH 1 DEGREE 1 MINUTE 8 SECONDS WEST A DISTANCE OF 300 
FEET; THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A 
DISTANCE OF 146.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF 
LAND DESCRIBED IN DOCKET 8024, PAGE 141, MARICOPA COUNTY RECORDS; 
 
THENCE NORTH 1 DEGREE 1 MINUTE 8 SECONDS WEST A DISTANCE OF 
348.00 FEET TO THE TRUE POINT OF BEGINNING; 
 
THENCE NORTH 83 DEGREES 12 MINUTES 2 SECONDS WEST RADIALLY A 
DISTANCE OF 117.71 FEET TO A POINT ON A CURVE CONCAVE TO THE 
NORTHWEST THE CENTER OF WHICH BEARS NORTH 83 DEGREES 12 
MINUTES 2 SECONDS WEST A DISTANCE OF 1081.74 FEET AND TO A POINT 
ON THE EAST RIGHT OF WAY LINE OF 21ST AVE. AS DESCRIBED IN DOCKET 
7732, PAGE 45, MARICOPA COUNTY RECORDS; 
 
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 
CENTRAL ANGLE OF 7 DEGREES 13 MINUTES 34 SECONDS A DISTANCE OF 
136.43 FEET TO A POINT ON THE SOUTH LINE OF VILLAGE MEADOWS NO. 6, A 
SUBDIVISION IN BOOK 92 OF MAPS, PAGE 34, RECORDS OF MARICOPA 
COUNTY, ARIZONA; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST ALONG THE 
SOUTH LINE OF SAID VILLAGE MEADOWS NO. 6, A DISTANCE OF 106.62 FEET; 
 
THENCE SOUTH 1 DEGREE 1 MINUTE 8 SECONDS EAST A DISTANCE OF 152 
FEET TO THE TRUE POINT OF BEGINNING. 
 
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED IN 
PATENT.  
 
PARCEL NO. 7: 
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS 
FOLLOWS: 
 
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; 
THENCE NORTH 0 DEGREES 11 MINUTES 30 SECONDS WEST A DISTANCE OF 
65.01 FEET;

THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF 
1697.99 FEET PARALLEL TO AND 65.00 FEET NORTH OF THE SOUTH LINE OF 
SAID SECTION 36; 
 
THENCE NORTH 1 DEGREE 01 MINUTES 08 SECONDS WEST A DISTANCE OF 
300.00 FEET TO THE TRUE POINT OF BEGINNING; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST A DISTANCE OF 
74.19 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 21ST AVENUE 
AS DESCRIBED IN DOCKET 7732, PAGE 45, RECORDS OF MARICOPA COUNTY, 
ARIZONA, AND A POINT ON A CURVE CONCAVE SOUTHEASTERLY THE 
CENTER OF WHICH BEARS SOUTH 75 DEGREES 00 MINUTES 25 SECONDS 
EAST A DISTANCE OF 1001.74 FEET; 
 
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 
CENTRAL ANGLE OF 4 DEGREES 05 MINUTES 32 SECONDS A DISTANCE OF 
74.40 FEET TO A POINT OF TANGENCY ON A LINE BEARING NORTH 19 
DEGREES 05 MINUTES 07 SECONDS EAST (MEASURED) RECORDED NORTH 
19 DEGREES 08 MINUTES 22 SECONDS EAST; 
 
THENCE NORTH 19 DEGREES 05 MINUTES 07 SECONDS EAST A DISTANCE OF 
34.06 FEET; 
 
THENCE NORTH 88 DEGREES 58 MINUTES 52 SECONDS EAST A DISTANCE OF 
186.88 FEET; 
 
THENCE SOUTH 1 DEGREE 01 MINUTE 08 SECONDS EAST A DISTANCE OF 
100.00 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND 
DESCRIBED IN DOCKET 8024, PAGE 141, RECORDS OF MARICOPA COUNTY, 
ARIZONA; 
 
THENCE SOUTH 88 DEGREES 58 MINUTES 52 SECONDS WEST 146.56 FEET TO 
THE TRUE POINT OF BEGINNING. 
 
EXCEPT ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED IN PATENT.