Attachment A - Draft Ordinance - PHO-1-21--Z-10-18-8.pdf
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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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-10-18-8 PREVIOUSLY APPROVED BY ORDINANCE G-6478. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable located at the northwest corner of 27th Street and Baseline Road in a portion of Section 35, Township 1 North, Range 3 East, as described more specifically in Attachment “A”, are hereby modified to read as set forth below. STIPULATIONS: 1. The development shall be in general conformance with the SITE PLAN AND ELEVATIONS conceptual planting plan date stamped MAY 26, 2021 June 25, 2018, as modified by the following stipulations and approved by the Planning and Development Department, and with specific regard to the following: a. The quantity and configuration of drive-through facilities on the subject site. a. b. THE SITE PLAN SHALL BE MODIFIED TO ALIGN 27TH STREET WITH THE EXISTING PORTION OF 27TH STREET SOUTH OF BASELINE ROAD OR PROVIDE AN ALTERNATIVE AS APPROVED BY THE STREET TRANSPORTATION AND PLANNING AND DEVELOPMENT DEPARTMENTS. The configuration of 27th Street, which aligns with the existing portion of 27th Street south of Baseline Road. 2. The development shall be in general conformance with the elevations date stamped February 12, 2018, as modified by the following stipulations and approved by the Planning and Development Department. a. Pitched roof elements shall be incorporated in all buildings. b. All building elevations, including those facing or visible from the Western Canal, shall contain architectural embellishments and detailing such as textural changes, pilasters, offsets, recesses, variation in window size and location, and/or other overhang canopies. 3. The developer shall provide the following amenities and open public access to the amenities, as approved by the Planning and Development Department: a. A multi-use trail or shared-use path which provides connectivity between Baseline Road and the Western Canal, in accordance with the MAG supplemental details. b. Equestrian corral AMENITY area containing hitching posts for horses, WATER FOR EQUINE CONSUMPTION, AND STRUCTURAL OR LANDSCAPED SHADING along the northern property align LINE adjacent to the Western Canal. c. Minimum of two shaded benches, along the northern property align adjacent to the Western Canal. d. Bicycle parking area containing a minimum of eight spaces. The bicycle parking area shall utilize inverted-U bicycle racks or a similar design that accommodates lock placement on both wheels and the frame. 4. Any solid portion of a perimeter wall adjacent to the Western Canal shall not exceed a maximum height of three feet, as approved by the Planning and Development Department. 5. No drive-through facility shall locate its drive-through window facing a residential use or Baseline Road, as approved by the Planning and Development Department. 6. Drive-throughs shall be screened from view of public rights-of-way and residential uses with a landscaped berm or a combination of a wall and landscaped berm at least four feet in height, as approved by the Planning and Development Department. 7. The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE) along the north side of Baseline Road and construct a minimum 10-foot wide multi-use trail (MUT) within the easement, in accordance with the MAG supplemental detail and as approved by the Parks and Recreation and Planning and Development Departments. 8. The location of the bus stop along Baseline Road shall be approved by the Public Transit Department. 9. THE DEVELOPER SHALL PROVIDE A MINIMUM 5-FOOT-WIDE SHADED PEDESTRIAN PATHWAY ALONG THE EAST SIDE OF THE 25TH STREET ALIGNMENT PROVIDING A DIRECT CONNECTION FROM THE PROPOSED MULTIFAMILY RESIDENTIAL DEVELOPMENT TO THE PUBLIC SIDEWALK ALONG BASELINE ROAD, AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 10. 9. 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. 11. 10. 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. 12. 11. The developer shall notify the following individuals at a minimum 10 calendar days prior to any Planning Hearing Officer request to modify or delete stipulations. The notice shall include the date, time and location of the hearing. a. Tanis Earle 3602 East Vineyard Road Phoenix, AZ 85042 b. Sandy Bawden 3232 East Vineyard Road Phoenix, AZ 85042 c. Kay Gunter 1821 East Latona Road Phoenix, AZ 85042 d. Deandra Ervin 2914 East Constance Way Phoenix, AZ 85042 e. Linda Martin 7049 South Golfside Lane Phoenix, AZ 85042 f. Stephanie Watney 834 East Beverly Road Phoenix, AZ 85042 g. Anthony Siglar 2727 East Donnor Drive Phoenix, AZ 85042 h. Kenneth And June Wood 2447 East Fremont Road Phoenix, AZ 85042 i. Melissa Hinkle 7051 South 27th Way Phoenix, AZ 85042 j. Steve And Robin Martin 8517 South 30th Way Phoenix, AZ 85042 k. Heather Cannon 8032 South 27th Way Phoenix, AZ 85042 l. Hayime Monge 7507 South 27th Terrace Phoenix, AZ 85042 m. Steven Pace 2198 East Camelback Road, Suite 210 Phoenix, AZ 85016 n. Linda Anquoe 3923 East Carson Road Phoenix, AZ 85042 o. Kent June 3917 East St. Catherine Avenue Phoenix, AZ 85042 p. Monique Bontrager 6401 South 37th Street Phoenix, AZ 85042 q. Amy Schneider 3232 East Maldonado Phoenix, AZ 85042 r. Kim Figgins 2918 East Dunbar Drive Phoenix, AZ 85042 13. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. 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 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-6478, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6478 and as modified in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until all the stipulations have been met. SECTION 3. 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 15th day of September, 2021. ________________________________ MAYOR ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Cris Meyer, City Attorney By: _________________________ _________________________ REVIEWED BY: _________________________ Ed Zuercher City Manager Exhibits: A - Legal Description (9 Pages) B - Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR PHO-1-21--Z-10-18-8 That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest corner of said Section 35; Thence along the South line of said Section 35 as monumented, North 88 degrees 33 minutes 30 seconds East a distance of 1,015.53 feet; Thence North 00 degrees 04 minutes 00 seconds West a distance of 583.76 feet to the TRUE POINT OF BEGINNING; Thence continuing North 00 degrees 04 minutes 00 seconds West a distance of 192.00 feet to the South right-of-way line of the Western Canal; Thence along said right-of-way line South 89 degrees 03 minutes 59 seconds East a distance of 169.98 feet; Thence South 00 degrees 04 minutes 00 seconds East a distance of 184.95 feet; Thence South 88 degrees 33 minutes 30 seconds West a distance of 170.00 feet to the TRUE POINT OF BEGINNING, EXCEPT the West 25 feet thereof. 122-95-008E THE WEST 170 FEET OF THE FOLLOWING DESCRIBED PROPERTY IS MEASURED ALONG THE SOUTH LINE THEREOF: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RJVER BASE AND MERJDIAN, ARIZONA, L YlNG SOUTH OF WESTERN CANAL AND DESCRJBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTlON 35, WHICH BEARS NORTH 88 DEGREES, 30 MINUTES, 30 SECONDS EAST, 1015.53 FEET FROM THE SOUTHWEST CORNER THEREOF. THENCE NORTH 00 DEGREES, 04 MINUTES WEST, 775.75 FEET TO THE SOUTH LINE OF WESTERN CANAL RIGHT- OF-WAY; THENCE SOUTH 89 DEGREES, 07 MINUTES EAST, 570.29 FEET ALONG SAID WESTERN CANAL RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES, 04 MINUTES EAST, 752.11 FEET TO THE SOUTH LINE OF SAID SECTION 35; THENCE 88 DEGREES, 30 MINUTES, 30 SECONDS WEST, 570.39 FEET ALONG SAID SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHJP I NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SECTION 35; THENCE ALONG THE SOOTH LINE OF SAID SECTION 35 AS MONUMENTED, NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 1015.53 FEET; THENCE NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 33.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BASELINE ROAD, ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 375.75 FEET; THENCE NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 170.00 FEET; THENCE SOUTH 00 DEGREES, 04 MINUTES, 00 SECONDS EAST, A DISTANCE OF 375.75 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BASELINE ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 88 DEGREES, 33 MINUTES, 30 SECONDS WEST, A DISTANCE OF 170.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP l NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF SAID SECTION 35 AS MONUMENTED, NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 1015.53 FEET; THENCE NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 583.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 192.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE WESTERN CANAL; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 DEGREES, 03 MINUTES, 59 SECONDS EAST, A DISTANCE OF 169.98 FEET; THENCE SOUTH 00 DEGREES, 04 MINUTES, 00 SECONDS EAST, A DISTANCE OF 184.95 FEET; THENCE SOUTH 88 DEGREES, 33 MINUTES, 30 SECONDS WEST, A DISTANCE OF 170.00 FEET TO THE TRUE POINT OF BEGINNING. 122-95-008M THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP I NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 1015.53 FEET; THENCE NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 233.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES, 04 MINUTES, 00 SECONDS WEST, A DISTANCE OF 175.75 FEET; THENCE NORTH 88 DEGREES, 33 MINUTES, 30 SECONDS EAST, A DISTANCE OF 170.00 FEET; THENCE SOUTH 00 DEGREES, 04 MINUTES, 00 SECONDS EAST FOR A DISTANCE OF 175.75 FEET; THENCE SOUTH 88 DEGREES, 33 MINUTES, 30 SECONDS WEST FOR A DISTANCE OF 170.00 FEET TO THE TRUE POINT OF BEGINNING. 122-95-008X PARCEL 1: The South 200 feet of the Following Described Property: That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East of the GIia and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest comer of said Section 35; Thence along the South line of said Section 35, as monumented, North 88 degrees 30 minutes 30 seconds East, a distance of 1015.53 feet; Thence North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the North right of way line of Baseline Road and also the TRUE POINT OF BEGINNING; Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 375.75 feet; Thence North 88 degrees 30 minutes 30 seconds East, a distance of 170.00 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 375.75 feet to the North right of way line of Baseline Road; Thence along said right of way line South 88 degrees 30 minutes 30 seconds West, a distance of 170.00 feet to the TRUE POINT OF BEGINNINru;official Document EXCEPT that portion described as follows: That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East, of the GIia and Salt River Base and Meridian, Maricopa County Arizona, described as follows: COMMENCING at the Southwest corner of said Section 35; Thence North 88 degrees 30 minutes 30 seconds East, along the South line of said Section 35, a distance of 1015.53 feet; Thence departing said South line North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the POINT OF BEGINNING; Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 52.78 feet; Thence North 88 degrees 30 minutes 30 seconds East, a distance of 32.85 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 7 .OS feet; Thence South 65 degrees 11 minutes 31 seconds East, a distance of 24.17 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 8.00 feet; Thence North 88 degrees 30 minutes 30 seconds East, a distance of 115.22 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.01 feet; Thence South 88 degrees 30 minutes 30 seconds West, a distance of 170.00 feet to the POINT OF BEGINNING. Except that portion conveyed to the City of Phoenix September 13, 2006 in Document No 2006- 1215152 PARCEL 2: The South 240 feet of the following described property: That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East, of the GIia and Salt River Base and Meridian, Maricopa County, Arizona, lying South of the Western Canal and described as follows: BEGINNING at the point on the South line of Section 35, which bears North 88 degrees 30 minutes 30 seconds East, 1015.53 feet from the Southwest corner thereof; thence North 00 degrees 04 minutes West, 775.75 feet to the South line of Western Canal right-of-way; thence South 89 degrees 07 minutes East, 570.29 feet along said Western Canal right- of-way; thence South 00 degrees 04 minutes East, 752.11 feet to the South line of said Section 35; thence South 88 degrees 30 minutes 30 seconds West, 570.39 feet along said Section line to the POINT OF BEGINNING. EXCEPT the West 170 feet; and also EXCEPT the East 173 feet; and also EXCEPT any portion lying South of the North line of the Following described property: COMMENCING at the Southwest corner of said Section 35; thence North 88 degrees 30 minutes 30 seconds East, along the South line of said Section 35, a distance of 1185.53 feet; thence departing said South line North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the POINT OF BEGINNING; thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 27.01 feet; thence North 88 degrees 30 minutes 30 seconds East, parallel with and 60.00 feet North of said South line, a distance of 227 .39 feet; thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.10 feet; thence South 88 degrees 30 minutes 30 seconds West, parallel with and 33.00 feet North of said line, a distance of 227 .39 feet to the POINT OF BEGINNING PARCEL 3: That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest corner of said Section 35; THENCE along the South line at said Section 35, as monumented North 88 degrees 33 minutes 30 seconds East a distance of 1435.92 feet; THENCE North 00 degrees 04 minutes 00 seconds West a distance of 33.01 feet to the North right of way line of Baseline Road also being the TRUE POINT OF BEGINNING; THENCE continuing North 00 degrees 04 minutes 00 seconds West a distance of 546.10 feet; THENCE North 88 degrees 33 minutes 30 seconds East a distance of 173.00 feet; THENCE South 00 degrees 04 minutes 00 seconds East a distance of 546.10 feet to the North right of way line of Baseline Road; THENCE along said right of way line South 88 degrees 33 minutes 30 seconds West a distance of 173.00 feet to the TRUE POINT OF BEGINNING; EXCEPT any portion thereof lying Easterly of the East line of the property conveyed to RONNIE COLWELL and BARBARA J. COLWELL, husband and wife, by Deed recorded in Docket 12146, Page 791; and EXCEPT any portion thereof lying within the property conveyed to JOHN LOVERING and PATRICIA ANNE LOVERING, husband and wife, by Deed recorded in Document No. 85-0613754, described as follows: That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 35; THENCE North 88 degrees 33 minutes 30 seconds East along the South line of Section 35 for 1412,92 feet; Unofficial Document THENCE North 00 degrees 04 minutes 00 seconds West a distance of 419.10 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 00 degrees 04 minutes 00 seconds West 110.00 feet; THENCE North 88 degrees 33 minutes 30 seconds East 135.71 feet; THENCE along the arc of a curve to the right 19.14 feet, radius 12.00 feet, central angle 91 degrees 22 minutes 30 seconds whose long chord bears South 45 degrees 45 minutes 15 seconds East 17.17 feet; THENCE South 00 degrees 04 minutes 00 seconds East a distance of 97.71 feet; THENCE South 88 degrees 33 minutes 30 seconds West a distance of 148.00 feet to the TRUE POINT OF BEGINNING; and EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed recorded August 2, 1986 in Document No. 86-0427056; and EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed recorded November 30, 1987 in Document No. 87-0716033; and EXCEPT that property described in Final Order of Condemnation recorded in Document No. 2004-1092625. PARCEL 4: A strip of land approximately 23 feet in width located in the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, which is bounded on the North by the South right of way line of the Western canal, which is bounded on the East by the Westerly line of the parcel of land set forth in Deed recorded in Docket 16256, Page 1361 and also by the Westerly line (and its Southerly prolongation) of the parcel of land set forth In Deed recorded In Docket 16090, Page 197, bounded in the South by the South line of said Section 35, and bounded on the West by the Easterly line of the parcel of land set forth In Deed recorded in Docket 16212, Page 168; EXCEPT any portion thereof which lies North of the South line of the property conveyed to JOHN LOVERLING and PATRICIA LOVERLING, husband and wife, by Deed recorded In Document No. 85-0613754; and EXCEPT any portion thereof lying within the South 33 feet of said Section 35; and EXCEPT any portion thereof lying within the property conveyed to the CITY OF PHOENIX by Deed recorded November 30, 1987 In Document No. 87-0716033; and EXCEPT that property described in Final Order of Condemnation recorded in Document No. 2004-1092625. 122-95-008W PARCEL 1: The South 200 feet of the Following Described Property: That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East of the GIia and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest comer of said Section 35; Thence along the South line of said Section 35, as monumented, North 88 degrees 30 minutes 30 seconds East, a distance of 1015.53 feet; Thence North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the North right of way line of Baseline Road and also the TRUE POINT OF BEGINNING; Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 375.75 feet; Thence North 88 degrees 30 minutes 30 seconds East, a distance of 170.00 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 375.75 feet to the North right of way line of Baseline Road; Thence along said right of way line South 88 degrees 30 minutes 30 seconds West, a distance of 170.00 feet to the TRUE POINT OF BEGINNING EXCEPT that portion described as follows: That Portion of the Southwest quarter of Section 35, Township 1 North Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County Arizona, described as follows: COMMENCING at the Southwest corner of said Section 35; Thence North 88 degrees 30 minutes 30 seconds East, along the South line of said Section 35, a distance of 1015.53 feet; Thence departing said South line North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the POINT OF BEGINNING; Thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 52.78 feet; Thence North 88 degrees 30 minutes 30 seconds East, a distance of 32.85 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 7.05 feet; Thence South 65 degrees 11 minutes 31 seconds East, a distance of 24.17 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 8.00 feet; Thence North 88 degrees 30 minutes 30 seconds East, a distance of 115.22 feet; Thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.01 feet; Thence South 88 degrees 30 minutes 30 seconds West, a distance of 170.00 feet to the POINT OF BEGINNING. Except that portion conveyed to the City of Phoenix September 13, 2006 in Document No 2006- 1215152 PARCEL 2: The South 240 feet of the following described property: That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying South of the Western Canal and described as follows: BEGINNING at the point on the South line of Section 35, which bears North 88 degrees 30 minutes 30 seconds East, 1015.53 feet from the Southwest corner thereof; thence North 00 degrees 04 minutes West, 775.75 feet to the South line of Western Canal right-of-way; thence South 89 degrees 07 minutes East, 570.29 feet along said Western Canal right- of-way; thence South 00 degrees 04 minutes East, 752.11 feet to the South line of said Section 35; thence South 88 degrees 30 minutes 30 seconds West, 570.39 feet along said Section line to the POINT OF BEGINNING. EXCEPT the West 170 feet; and also EXCEPT the East 173 feet; and also EXCEPT any portion lying South of the North line of the Following described property: COMMENCING at the Southwest corner of said Section 35; thence North 88 degrees 30 minutes 30 seconds East, along the South line of said Section 35, a distance of 1185.53 feet; thence departing said South line North 00 degrees 04 minutes 00 seconds West, a distance of 33.01 feet to the POINT OF BEGINNING; thence continuing North 00 degrees 04 minutes 00 seconds West, a distance of 27.01 feet; thence North 88 degrees 30 minutes 30 seconds East, parallel with and 60.00 feet North of said South line, a distance of 227 .39 feet; thence South 00 degrees 04 minutes 00 seconds East, a distance of 27.10 feet; thence South 88 degrees 30 minutes 30 seconds West, parallel with and 33.00 feet North of said line, a distance of 227 .39 feet to the POINT OF BEGINNING PARCEL 3: That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest corner of said Section 35; THENCE along the South line at said Section 35, as monumented North 88 degrees 33 minutes 30 seconds East a distance of 1435.92 feet; THENCE North 00 degrees 04 minutes 00 seconds West a distance of 33.01 feet to the North right of way line of Baseline Road also being the TRUE POINT OF BEGINNING; THENCE continuing North 00 degrees 04 minutes 00 seconds West a distance of 546.10 feet; THENCE North 88 degrees 33 minutes 30 seconds East a distance of 173.00 feet; THENCE South 00 degrees 04 minutes 00 seconds East a distance of 546.10 feet to the North right of way line of Baseline Road; THENCE along said right of way line South 88 degrees 33 minutes 30 seconds West a distance of 173.00 feet to the TRUE POINT OF BEGINNING; EXCEPT any portion thereof lying Easterly of the East line of the property conveyed to RONNIE COLWELL and BARBARA J. COLWELL, husband and wife, by Deed recorded in Docket 12146, Page 791; and EXCEPT any portion thereof lying within the property conveyed to JOHN LOVERING and PATRICIA ANNE LOVERING, husband and wife, by Deed recorded in Document No. 85-0613754, described as follows: That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 35; THENCE North 88 degrees 33 minutes 30 seconds East along the South line of Section 35 for 1412,92 feet; Unofficial Document THENCE North 00 degrees 04 minutes 00 seconds West a distance of 419.10 feet to the TRUE POINT OF BEGINNING; THENCE continuing North 00 degrees 04 minutes 00 seconds West 110.00 feet; THENCE North 88 degrees 33 minutes 30 seconds East 135.71 feet; THENCE along the arc of a curve to the right 19.14 feet, radius 12.00 feet, central angle 91 degrees 22 minutes 30 seconds whose long chord bears South 45 degrees 45 minutes 15 seconds East 17.17 feet; THENCE South 00 degrees 04 minutes 00 seconds East a distance of 97.71 feet; THENCE South 88 degrees 33 minutes 30 seconds West a distance of 148.00 feet to the TRUE POINT OF BEGINNING; and EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed recorded August 2, 1986 in Document No. 86-0427056; and EXCEPT the property conveyed to the CITY OF PHOENIX by Quit Claim Deed recorded November 30, 1987 in Document No. 87-0716033; and EXCEPT that property described in Final Order of Condemnation recorded in Document No. 2004-1092625. PARCEL 4: A strip of land approximately 23 feet in width located in the Southwest quarter of Section 35, Township 1 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, which is bounded on the North by the South right of way line of the Western canal, which Is bounded on the East by the Westerly line of the parcel of land set forth in Deed recorded in Docket 16256, Page 1361 and also by the Westerly line (and its Southerly prolongation) of the parcel of land set forth In Deed recorded In Docket 16090, Page 197, bounded in the South by the South line of said Section 35, and bounded on the West by the Easterly line of the parcel of land set forth In Deed recorded in Docket 16212, Page 168; EXCEPT any portion thereof which lies North of the South line of the property conveyed to JOHN LOVERLING and PATRICIA LOVERLING, husband and wife, by Deed recorded In Document No. 85-0613754; and EXCEPT any portion thereof lying within the South 33 feet of said Section 35; and EXCEPT any portion thereof lying within the property conveyed to the CITY OF PHOENIX by Deed recorded November 30, 1987 In Document No. 87-0716033; and EXCEPT that property described in Final Order of Condemnation recorded in Document No. 2004-1092625. 122-95-008T THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, ARIZONA, LYING SOUTH OF THE WESTERN CANAL AND DESCRIBED AS FOLLOWS: BEGINNING AT A PORTION OF THE SOUTH LINE OF SAID SECTION 35, WHICH BEARS NORTH 88 DEGREES 30 MINUTES 30 SECONDS EAST, A DISTANCE OF 1015.53 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH O DEGREES 04 MINUTES WEST, A DISTANCE OF 775.75 FEET TO THE SOUTH LINE OF THE WESTERN CANAL RIGHT OF WAY; THENCE SOUTH 89 DEGREES 07 MINUTES EAST, A DISTANCE OF 570.29 FEET ALONG SAID WESTERN CANAL RIGHT OF WAY; THENCE SOUTH O DEGREES 04 MINUTES EAST, A DISTANCE OF 752.11 FEET TO THE SOUTH LINE OF SAID SECTION 35; THENCE SOUTH 88 DEGREES 30 MINUTES 30 SECONDS WEST, A DISTANCE OF 570.39 FEET ALONG SAID SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THE WEST 170 FEET THEREOF; AND ALSO EXCEPT THE EAST 173 FEET THEREOF; AND ALSO EXCEPT THE SOUTH 240 FEET THEREOF. 122-95-008Q A PORTION OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST CORNER OF SAID SECTION 35; THENCE NORTH 88 DEGREES 33 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE OF SECTION 35 FOR 1412.92 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 00 SECONDS WEST AT DISTANCE OF 419.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 04 MINUTES 00 SECONDS WEST 110.00 FEET; THENCE NORTH 88 DEGREES 33 MINUTES 30 SECONDS EAST, 135.71 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT 19.14 FEET, RADIUS 12.00 FEET CENTRAL ANGLE 91 DEGREES 22 MINUTES 30 SECONDS WHOSE LONG CHORD BEARS SOUTH 45 DEGREES 45 MINUTES 15 SECONDS EAST 17 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 00 SECONDS EAST A DISTANCE OF 97.71 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 30 SECONDS WEST A DISTANCE OF 148.00 FEET TO THE TRUE POINT OF BEGINNING. 122-95-008P THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH AND RANGE 3 EAST; ALONG THE SOUTH LINE AT SAID SECTION 35, MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE AT SAID SECTION 35, AS MONUMENTED NORTH 88 DEGREES, 33' 30" EAST A DISTANCE OF 1412.92; THENCE NORTH 00 DEGREES, 04' 00" WEST A DISTANCE OF 579.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES, 04' 00" WEST A DISTANCE OF 179.22 TO THE SOUTH RIGHT OF WAY LINE OF THE WESTERN CANAL; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89 DEGREES, 03' 57" EAST A DISTANCE OF 149.98 FEET; THENCE SOUTH 00 DEGREES, 04' 00" EAST A DISTANCE OF 174.03 FEET; THENCE SOUTH 88 DEGREES, 33' 30" WEST A DISTANCE OF 173.00 FEET TO THE TRUE POINT OF BEGINNING.