Grand View Development Agreement Final.pdf
Extracted text (via pymupdf)
194517 characters
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT 1. Date. The date of this Pre-Annexation and Development Agreement (“Agreement”) is April 7, 2026. 2. Parties. The parties to this Agreement are: (a) City of Buckeye, an Arizona municipal corporation (“City“), and (b) Grand View Buckeye, LLC, an Arizona limited liability company (“Grand View”) and Verrado 310, LLC, an Arizona limited liability company (“Verrado”) (Grand View and Verrado collectively “GVB”) 3. Background. The following is the background to this Agreement: (a) GVB owns approximately 2,271 acres of real property, as legally described in the attached Exhibit A (the “Land”) and depicted in the attached Exhibit B, of which approximately 350 acres is currently located within the jurisdictional boundaries of the City, and the remaining approximately 1,919 acres, legally described on Exhibit C and depicted on Exhibit D (the “Annexation Land”) is currently located outside of the jurisdictional boundaries of the City, but within the City’s planning area. (b) On September 25, 2024, GVB submitted an Annexation Petition to the City. The annexation is expected to be completed on or before June 30, 2026. (c) On and after October 9, 2023, GVB submitted for approval a Community Master Plan along with a Traffic Analysis White Paper (“White Paper”), which, as may be amended from time to time, are intended by GVB and the City to collectively constitute the Grand View Arizona Community Master Plan (the “CMP”) pursuant to the City of Buckeye Development Code (the “Development Code”). (d) GVB intends to entitle the Land so it can be sold or leased, developed, and used as a mix of industrial, commercial, and residential uses with an employment focus. (e) GVB and the City are entering into this Agreement pursuant to the provisions of Arizona Revised Statutes (“A.R.S.”) §§ 9-500.05 and 9-471 to approve the CMP for the Land and facilitate the proper development of the Land by providing for, among other things: (i) conditions, terms, restrictions and requirements for the construction and installation of public services/infrastructure improvements; (ii) requiring development of the Land to be consistent with the City’s General Plan as of the date of this Agreement, and the approved CMP; (iii) the densities and intensities of such uses; and, (iv) other matters related directly or indirectly to the development of the Land. (f) The City and GVB acknowledge that the annexation and development of the Land pursuant to the CMP and this Agreement will generate significant beneficial planning and economic impacts to the City by: (i) annexing approximately 1,919 acres into the City, thereby generating property, use, and transactions privilege taxes to be paid to the City regarding the Land 2 which otherwise would not be paid to the City if the Land develops without annexing into the City; (ii) encouraging investment in and commitment to comprehensive planning, which will result in efficient utilization of municipal and other public resources; (iii) requiring development of the Land to be consistent with the City’s General Plan and the approved CMP; (iv) providing for the planning, design, engineering, construction, acquisition, and/or installation of public infrastructure in order to support anticipated development of the Land; (v) increasing tax and other revenues to the City based on improvements to be constructed on the Land; (vi) creating employment through development of the Land consistent with this Agreement; and (vii) increasing the demand for City services during and after the development of the Land. The City and GVB acknowledge that the provisions of this Agreement shall also benefit GVB. (g) GVB represents that it would not annex the unannexed portions of the Land into the City without execution of this Agreement, and acknowledges that this Agreement and the CMP are conditioned on annexation of all of the Land on or before June 30, 2026. (h) On April 7, 2026, by Ordinance No. 10-26, (the “Agreement Ordinance”) the City Council approved this Agreement and by Ordinance No. 09-26, the City Council approved the CMP. (the “CMP Ordinance”). (The Agreement Ordinance and CMP Ordinance are collectively the “Ordinances”). 4. Agreement. For good and valuable consideration, including the benefits to the City and GVB as described above, the City and GVB agree as is more specifically set forth in this Agreement. 5. Development Rights and Annexation. (a) The CMP has been approved by the CMP Ordinance in connection with approval of this Agreement by the Agreement Ordinance and the types of uses, together with the densities and intensities of such uses for each development parcel located on the Land as shown in the CMP, are hereby established. GVB expressly acknowledges and agrees that no other development rights are granted or vested under this Agreement with respect to the development of the Land. Subject to the matters permitted by Sections 6 and 12 of this Agreement, the CMP, together with the conditions of approval set forth on Exhibit E shall control where the CMP establishes alternate regulations to those within the Development Code or as to any issues not covered by the Development Code or by any other Laws and Regulations (as defined below). This Agreement shall control as to any inconsistency between the CMP, the Development Code and this Agreement. The CMP and this Agreement may each be amended without amending the other. Any amendment to the CMP or this Agreement shall require the approval of the City and GVB. (b) The City shall permit and GVB shall have the right to develop the Land consistent with this Agreement and the CMP, subject to: (i) the submission and approval of a more detailed plan for: (1) each phase of development; (2) each plat, and (3) each site plan; and (ii) compliance with the Laws and Regulations. The City will expedite its review, processing and approval of the plans submitted in connection with the construction of improvements for the Eligible Uses, as defined in Section 10(d) on the Land. (c) The Land may be planned and developed in phases (individually “Phase” and collectively “Phases”). GVB shall have the right to plan and develop more than one Phase at 3 a time, with the location, rate, timing, and sequencing to be determined by GVB, provided, however the City may require a different development phasing plan if such location, rate, timing, and sequencing by GVB adversely affect(s) infrastructure or the City’s ability to provide municipal services to the Land. The City shall identify the infrastructure or municipal services that might be adversely impacted by the proposed Phase and advise GVB of the additional infrastructure that will be required of GVB in order to proceed with the Phase. (d) GVB delivered to the City a Petition for Annexation duly executed by all necessary property owners on February 17, 2026 (the “Annexation Petition”). Having received the Annexation Petition, the City agrees to comply with the provisions of A.R.S. § 9-471 et seq. and, if determined to be in the best interest of the City, to adopt the final ordinance annexing the Annexation Land into the jurisdictional boundaries of the City. Such ordinance shall contain a provision providing for the immediate rescission of such annexation ordinance by the City if: (a) unless GVB elects to challenge or defend pursuant to this Section 5(d), a verified referendum petition is filed challenging the validity of the annexation on or during the Referendum Period; (b) the City does not approve the community master plan zoning designation and the CMP immediately following the annexation of the Land by the City; (c) unless GVB elects to challenge or defend pursuant to this Section 5(d), a verified referendum petition is filed with the City challenging the community master plan zoning designation (the CMP) during the Referendum Period; or (d) unless GVB elects to challenge or defend pursuant to this Section 5(d), a verified referendum petition is filed with the City challenging this Agreement during the Referendum Period. GVB acknowledges the City will take all appropriate action to rescind this Agreement if the City does not adopt the final ordinance annexing the Annexation Land into the jurisdictional boundaries of the City following approval of this Agreement. GVB may elect to challenge or defend a referendum referenced in this Section 5(d) by giving notice to the City within sixty (60) days after the certification of a petition. If GVB elects at any time to cease such efforts by notice to the City prior to the defeat or withdrawal of the referendum, or if a referendum described in this Section 5(d) is successful, the annexation shall be rescinded. Promptly after the City submits invoices to GVB, GVB shall pay City’s costs and expenses in connection with any suit, claim, legal challenge or referendum filed challenging this Agreement or any Council action approving this Agreement, the CMP, the annexation, if the City reasonably incurs costs and expenses related thereto. “Referendum Period” shall mean the time period set by applicable law during which a referendum petition may be filed with the City regarding the CMP, the annexation, or this Agreement. 6. Laws and Regulations. (a) The City of Buckeye Code of Ordinances (“City Code”), as amended from time to time, including but not limited to that portion titled the Development Code as well as design, detail, and construction standards adopted by City Council from time to time, shall govern the development of the Land subject to the uses, densities, intensities, design, detail, and other modified provisions as provided in the CMP. The City must be able to regulate the planning and development of the Land and the construction and installation of improvements on the Land in order to serve the best interests of the City. Consequently, the City reserves the right, exercising its sole and absolute discretion, to amend the existing City Code, the Development Code, or to adopt new laws, rules, regulations and standards of development for the City, whether by ordinance or resolution, or official policies and procedures (all of the foregoing, collectively, and as amended or adopted from time to time, referred to as the “Laws and Regulations”). The Laws and 4 Regulations in effect at the time of development and/or issuance of a permit to construct or make improvements, which includes construction of any public infrastructure required pursuant to this Agreement, shall apply to the Land subject to any provisions within the CMP or this Agreement that conflict with the Laws and Regulations and in such case, the CMP or this Agreement shall govern. If there is a conflict between the CMP and this Agreement regarding an issue, then this Agreement shall control. GVB acknowledges and warrants that the construction of infrastructure, public facilities, and/or public improvements subject to reimbursement or repayment from the City shall be publicly procured in accordance with Title 34, Arizona Revised Statutes, and in accordance with the procurement code and policies of the City. (b) Future Laws and Regulations shall apply to the Land, regardless of the impact on the development of the Land, if such future laws and regulations are required or mandated by federal, state or county law or regulation; required or imposed by judicial or regulatory action; or are necessary to alleviate or otherwise contain threats to public health or safety. The applicability of future changes in the Laws and Regulations shall not discriminate against GVB or the Land, and any change shall be uniformly applied to all similar land and landowners at such time such land is within the boundaries of the City. The applicability of future changes in the Laws and Regulations will be construed as a condition to development imposed by operation of law and this Agreement shall not convert such conditions and operation of law into a contractual obligation of GVB. 7. Infrastructure; Necessary Property; Easements. (a) The design, construction and installation of all water and wastewater facilities, public streets, parkways, alleys, curbs, gutters, sidewalks and traffic control, directional signs and other public infrastructure and public facilities in connection with the development of the Land as required by this Agreement, the CMP, and the Laws and Regulations (collectively, the “Infrastructure”) shall be in conformance with plans and specifications (the “Technical Specifications”) submitted to the City for its review and approval in its sole and absolute discretion, and shall be subject to and in compliance with the Laws and Regulations. GVB acknowledges and agrees that the Technical Specifications may be modified by the City from time to time in order to comply with the Laws and Regulations or to enhance operating efficiency, subject to the terms of this Agreement. Any modification by the City to the Technical Specifications shall not be applied retroactively to any Infrastructure to the extent the City has already granted approval based on prior Technical Specifications and GVB has materially and substantially acted on such approval. To the extent GVB develops or causes to be developed the Land, GVB shall have the right and, in order to proceed with such development, the obligation under this Agreement to construct or cause to be constructed and installed, in accordance with the Technical Specifications and the Laws and Regulations, and all other applicable rules, regulations, construction standards and governmental review processes, all Infrastructure required by this Agreement, the CMP, and the Laws and Regulations. GVB shall construct and install, or cause to be constructed and installed, all Infrastructure at no cost to the City. Such Infrastructure may be constructed in segments that correspond to Phases, if any, pursuant to Section 5(c). All Infrastructure shall be installed in a workmanlike manner in conformity with the plans and specifications that are submitted to and approved by the City in connection with the CMP or each Phase. Dedication of Infrastructure or construction of Infrastructure within public rights-of-way or easements by GVB shall not constitute acceptance of the Infrastructure by the City or for purposes of starting any warranty period. Acceptance of any and all Infrastructure by the City for purposes 5 of the City assuming maintenance and repair obligations and for purposes of commencing the warranty period shall be expressly evidenced by the City as provided herein. (b) GVB, and their agents and employees, shall have the additional right, upon receipt from the City of an appropriate encroachment permit, to enter and remain upon and cross over any of the City’s easements or rights-of-way to the extent reasonably necessary to facilitate such construction, or to perform necessary maintenance or repairs of such Infrastructure. GVB’s use of such easements and rights-of-way, pursuant to an encroachment permit, shall not impede or adversely affect the City’s use and enjoyment thereof. (c) GVB shall restore the City’s easements and rights-of-way, used pursuant to the encroachment permit, to their condition prior to GVB’s entry upon completion of such construction, repairs, or maintenance. GVB, and their agents and employees also shall have the right, upon receipt from the City of an appropriate encroachment permit, to enter and remain upon and cross over any of the City’s easements or rights-of-way to the extent reasonably necessary to install and maintain landscaping material within the portion of the City’s right-of-way not used for vehicular travel. (d) GVB acknowledges and agrees that the City, prior to issuance of a permit for the commencement of construction in connection with the Land, shall require GVB to provide appropriate assurances in such form and amount as required by the Laws and Regulations to assure that the installation of the Infrastructure is completed (“Infrastructure Assurance”). In such case, GVB may elect, with the approval of the City, any one or a combination of the City’s approved methods of Infrastructure Assurance. All assurances provided by GVB shall comply with the City’s requirements for Infrastructure Assurances. Once the Infrastructure Assurances have been complied with, GVB shall have the right, with the approval of the City, to replace such initial method of Infrastructure Assurance, either in whole or in part, with any of the other forms of Acceptable Assurance, as set forth above. If a discrete and self-sustaining portion of the Infrastructure for which an appropriate assurance has been delivered is dedicated to and accepted by the City, the City agrees to release, within thirty (30) business days from such acceptance by the City, the portion of the assurance that relates to the Infrastructure so accepted. The City agrees that within thirty (30) business days from the City‘s acceptance of the particular completed Infrastructure for which the City has required and GVB has provided Infrastructure Assurance, the City shall release such Infrastructure Assurance, in whole or in part as may be appropriate under the circumstances, in the manner provided in the Laws and Regulations. (e) Upon completion of any Infrastructure, or any portion thereof, GVB shall promptly dedicate and convey to the City, at no cost to the City, such Infrastructure lien and debt free. The dedication of the Infrastructure shall not constitute acceptance by the City of the Infrastructure. GVB shall notify the City Engineer or designee in writing of the presumptive completion of such Infrastructure. GVB shall give the City Engineer or designee written notice (“Notice to Confirm”) promptly following completion of the Infrastructure or any portion thereof so long as any portion of completed Infrastructure is a discrete portion relating to a completed Phase and its suitability for its purpose can be adequately determined. Within thirty (30) business days after its receipt of the Notice, the City Engineer or designee shall inspect the Infrastructure identified therein as to whether it has been constructed in accordance with the Technical Specifications and Laws and Regulations as verified by the inspection of the completed Infrastructure by the City Engineer or designee. Upon completion of the inspection, the City 6 Engineer or designee shall deliver written notice to GVB within thirty (30) days of the inspection either (1) approving construction and agreeing to accept conveyance of such Infrastructure, or portion thereof (“Acceptance Letter”); or (2) identifying, through a punch list, all specific items that are not in accordance with the Technical Specifications and Laws and Regulations and that are to be corrected by GVB. GVB shall make all such corrections within the time period determined by the City Engineer or designee. So long as such Infrastructure is constructed in accordance with the Technical Specifications and Laws and Regulations as evidenced by an Acceptance Letter issued by the City Engineer, the City will accept the Infrastructure through an Acceptance and Service Agreement, unless such Infrastructure is to be owned or accepted by some other governmental entity. Acceptance of any Infrastructure is expressly conditioned upon GVB providing the warranties for such Infrastructure, as provided in Section 7(f), below. Except as provided in Section 7(g) below, or the terms of any applicable Service Agreement, after acceptance of any Infrastructure, the City thereafter shall maintain, repair and operate such Infrastructure at its own cost. (f) GVB shall give to the City a one-year warranty for all Infrastructure, which warranty shall begin on the date that the City accepts the infrastructure as provided in this Section 7(f) or on such earlier date as set forth in the Service Agreement. Any material deficiencies in material or workmanship identified by the City‘s staff during the warranty period shall be brought to the attention of GVB, who shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the City‘s staff. Continuing material deficiencies in a particular portion of the Infrastructure shall be sufficient grounds for the City to require (i) the proper repair of; or (ii) the removal and reinstallation of that portion of the Infrastructure that is subject to such continuing deficiencies. Regardless of whether the warranty period has expired, GVB agrees to repair any damage to the Infrastructure caused by GVB’s construction activities on the Land. Nothing contained herein shall prevent the City or GVB from seeking recourse against any other third party for damage to the infrastructure caused by such third party. With regard to wells transferred by GVB to the City, GVB shall warrant water quality and quantity for five (5) years from the date of City acceptance of a well in accordance with City standards applicable to all wells. (g) GVB shall maintain and repair all Infrastructure comprised of streets, parkways, alleys, curbs, gutters, sidewalks and all appurtenances thereto at its expense, for a period of one (1) year from the date the City accepts the Infrastructure. Such maintenance shall consist of all maintenance and repair actions reasonably required by customary engineering industry standards for each item of Infrastructure. Notwithstanding the foregoing, GVB agrees to maintain all landscaping located within the public easements and rights-of-way located on the Land and such obligation shall survive the termination or expiration of this Agreement; provided, however, GVB may assign this obligation to one or more successors, homeowner associations (“HOA”) or property owners associations (“POA”) provided such successor, HOA or POA is legally bound to such landscaping maintenance obligation and has adequate financial ability, acceptable to the City, to bear such obligation. Once the City has consented to the assignment of this obligation to an HOA, or POA, GVB shall be relieved of any further obligation to maintain the landscaping. (h) Prior to development applications and for parcellation purposes only, the City agrees that GVB may pursue splitting the Land into parcels pursuant to and in compliance with Arizona state law and the City of Buckeye Development Code through one or more applications as may be deemed appropriate at the time of application, with a project application narrative that generally addresses future utility service, anticipated traffic impacts, appropriate 7 public access to all parcels, intended future land uses and other narrative elements that may be reasonably required to accomplish such parcellation. Such parcellation does not grant development rights. (i) Due to the conceptual nature of the CMP, a CMP-level master traffic impact analysis (“Master TIA”) was not required as part of the CMP approval. A Master TIA must be submitted and approved by the City prior to or as part of the first planning application. The Master TIA must meet the requirements of the City’s Engineering Design Standards Chapter 6, Section 6-1, as amended. All amendments to the CMP which, in the opinion of the City Traffic Engineer appreciably affect the Average Daily Traffic or alter the traffic circulation anticipated in the Master TIA, will trigger an update to the Master TIA. Each phase of development will require a traffic impact analysis for the development proposed in that phase to be submitted and approved by the City as part of any final approval, unless such requirement is waived by the City Traffic Engineer due to a lack of anticipated traffic impacts. Subsequent traffic counts may be required by the City to mitigate capacity and level of service concerns. (j) Traffic/Road Requirements. A. Within one (1) year after execution of this Agreement, City will submit a request for funding through the City’s Capital Improvement Program (“CIP”) for the design of the road improvements for the three-mile extension of Verrado Way from Broadway Road to Van Buren Street. Once funding is approved the City will commence the design. Upon completion of the design, City will submit a request for funding through the City’s CIP for ROW acquisition and construction of at least a one-mile segment of the three-mile extension. City and GVB acknowledge that other property owners may complete portions of the extension of Verrado in connection with other developments. Nothing in this Section 7(j)(A) is to be construed as a promise or guarantee of funding, and, apart from submitting a request for funding as stated herein, GVB acknowledges and agrees that the City has no other obligations pursuant to Section 7(j)(A). B. The City will reasonably consider request(s) for the closure or relocation of Verrado Way south of Broadway Road if necessary to meet requirements of a major user of the Land, so long as the criteria for such removal or relocation as set forth in the CMP are met, and there are no negative impacts to the City’s provision of public safety services to the Land and the region. The City requires an area analysis using TransCAD, that shall include surrounding roadways that support the removal or relocation. The impacts will be reviewed and may need to be mitigated. C. To the extent allowable by state and federal law, the City will maintain truck route designation for major arterials serving the Land including (i) Verrado Way, Jackrabbit Trail and Perryville Road from I-10 to MC 85 and SR 30; (ii) Dean Road from Broadway Road to MC 85 and SR 30 and to I-10 upon Dean Road being extended to I-10; (iii) Broadway Road from SR85 to Perryville Road and SR 303; (iv) Southern Avenue from Dean Road to SR 85 and from Jackrabbit Trail to MC 85; and (v) MC 85 from SR 85 to Perryville Road or an alternative that directs truck traffic around the downtown area. D. Based on the City-approved White Paper approved February 12, 2026 (“White Paper”), the City will not require the extension of Southern Avenue through 8 the Land. If GVB proposes material changes from the assumptions in the White Paper that result in increased traffic that could have been addressed by the extension of Southern Avenue, then the City may impose reasonable other traffic modifications as may be necessary to address the increased traffic. E. In conjunction with approved development plans and plats, City will not require dedications or extensions of Sunland Avenue, Roeser Road Alignment, Freemont Road, Tuthill Road, 215th Avenue, 199th Avenue, Maricopa Road/Vineyard Alignment and Liberty School Road into or through the Land, unless required to accommodate internal traffic circulation within the Land or traffic to and from portions of the Land. (k) Contemporaneous with the transfer of the Infrastructure to the City in accordance with the terms and conditions of this Agreement and the Laws and Regulations, GVB, at no cost to the City, shall convey to the City, by special warranty deed, all real property necessary for the City to own, operate, and maintain the Infrastructure (the “Necessary Property”) together with all of the property and equipment comprising the Infrastructure that may properly be characterized as fixtures located thereon. In addition, GVB shall grant to the City, at no cost to the City, all rights-of-way, easements, access rights, and other interests in real property necessary for the ownership, construction, installation, operation, maintenance and repair of the Infrastructure as required by the City including easements: (i) as are necessary for the operation, maintenance and repair of the Infrastructure as part of the City‘s infrastructure systems, including easements for ingress, egress, utilities, and, if necessary, noise and odor; and (ii) from the Infrastructure to the point of connection to the then existing or proposed infrastructure system for the Land at the nearest point of interconnection in a public right-of-way or such other location approved by the City and as are necessary for the purpose of construction, installation, operation, maintenance and repair of the property and equipment comprising Infrastructure (collectively, “Easements”). GVB shall provide to the City, at GVB’s cost, extended coverage title insurance policies for the Necessary Property and the Easements, which policies shall be approved by the City and which policies shall be subject only to those conditions and exceptions as the City shall approve. Any endorsements requested by the City shall be paid by GVB. Prior to transfer of the Infrastructure and the conveyance of the Necessary Property and Easements to the City, GVB shall provide the City, at no cost to the City, with such studies, reports and other information required by the City including, without limitation: (i) a title report for the Necessary Property and Easements in a form satisfactory to the City that shall be updated prior to conveyance of the Necessary Property and Easements to the City; and (ii) a phase one environmental site assessment upon which the City may rely, that has been performed and reported in compliance with 40 CFR Part 312, as amended, that concludes no conditions were identified at the Necessary Property or within the Easements that are recognized environmental conditions. (l) GVB represents, warrants and agrees that except as set forth in the environmental assessment report delivered to the City relating to the Necessary Property and Easements pursuant to Section 7(k) above and to the best of GVB’s knowledge after due inquiry: (A) no Hazardous Materials (defined below) have been used or placed on the Necessary Property or Easements in violation of environmental laws ; (B) no notice has been received by GVB with regard to any Hazardous Materials on the Necessary Property or Easements; (C) the Necessary Property and Easements are presently in compliance with environmental laws; (D) no action, investigation or proceeding is pending or to GVB’s knowledge threatened which seeks to enforce 9 any right or remedy against GVB in connection with the Necessary Property or Easements under any environmental laws; (E) GVB has permitted no release, discharge, or disposal of Hazardous Materials on, to, or from the Necessary Property or Easements in violation of environmental laws; (F) GVB shall not permit any release, discharge, or disposal of Hazardous Materials in violation of environmental laws on, to, or from the Necessary Property or Easements prior to conveyance to and acceptance by the City; (G) the Necessary Property and Easements are in compliance with environmental laws and are free and clear of any liens imposed pursuant to environmental laws; (H) all licenses, permits and other governmental or regulatory actions necessary for the Necessary Property and Easements to comply with environmental laws have been obtained and maintained and GVB is in compliance therewith; and (I) GVB shall give the City prompt written notice if GVB receives any notice with regard to Hazardous Materials on or affecting the Necessary Property or Easements, and GVB, at GVB’s sole cost, shall conduct and complete all investigations and all cleanup actions necessary to remove, in compliance with environmental laws, such Hazardous Materials from or beneath the Necessary Property or Easements, the cause of which occurred or is occurring, or is a condition which existed, on or before conveyance to and acceptance by the City of the Necessary Property and Easements, whether or not known to GVB. Hazardous Materials shall mean any substance defined by a law as hazardous or as a pollutant or contaminant. The environmental representations and warranties of GVB herein shall survive the execution and recordation of this Agreement. 8. Flood Control. Flood control measures for the Land shall comply with the requirements of the United States Army Corp of Engineers, and the Laws and Regulations, and, to the extent they are not superseded by the United States Army Corp of Engineers or the Laws and Regulations, the requirements of the Maricopa County Flood Control District. 9. Community Facilities and Improvement Districts, Foreign Trade Zone. (a) Community Facilities District. (i) The City, in accordance with its adopted Community Facilities Guidelines, will reasonably consider any requests by GVB of the City to form a community facilities district (“District”) comprised of all or a portion of the Land in order to aid in financing the cost of the Infrastructure. Nothing contained herein shall be construed to compel the City to form a community facilities district or for the community facilities district, if formed, to finance any Infrastructure. (ii) GVB acknowledges and agrees as follows: (1) the formation of a District, the approval of any report submitted pursuant to A.R.S. § 48-715, the issuance and sale of District bonds or the levy of District taxes, assessments, fees or charges are subject to the sole, absolute and unfettered discretion of the District and District Board; (2) nothing contained in this Agreement or any action or continued actions taken or not taken pursuant to this Agreement, including the formation of a District or the issuance of bonds, shall create any obligation, express or implied, of the District to issue or continue to issue District Bonds of any type or amount or levy or continue to levy any tax or assessment of any type or amount; and (3) this Agreement does not create any express or implied rights on the part of GVB, or obligations of the District to issue or continue to issue District Bonds 10 of any type or amount or levy or continue to levy any tax or assessment; and (4)GVB is not relying now or shall not rely in the future on District bonds, taxes, assessments, fees or other District actions for the development of the Land. (b) Street Light Improvement District. (i) GVB shall, as part of the required public infrastructure on the Land, construct, install and dedicate to the City, at no cost to the City, streetlights on all public streets, including major arterials, minor arterials and collector streets in accordance with, and subject to, the provisions set forth in Section 7 herein. (ii) GVB shall initiate the formation of a streetlight improvement district prior to final plat approval by executing and presenting to the City a petition for the formation of the street lighting improvement district, in a form approved by the City, for the purposes of paying the cost of the electricity, operation and maintenance of the street lighting system on the Land. (iii) Following the presentation of the petition for the formation of a streetlight improvement district in a form approved by the City, the City will commence improvement district proceedings to form a streetlight improvement district and to assess the cost of electricity, operation and maintenance of streetlights against the property within the streetlight improvement district. (c) Maintenance Improvement District. (i) If required by City Code, GVB shall initiate the formation of a commercial maintenance improvement district, prior to final plat approval, by executing and presenting to the City a petition for the formation of the maintenance improvement district, in a form approved by the City, formed for the purpose of providing for operation, maintenance, repair and improvement of parking, parkways, basins for the retention and detention of water flows, and public landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such parking, parkways, retention basins and detention basins. (ii) Following the presentation of a petition for the formation of a commercial maintenance improvement district in a form approved by the City, the City will commence improvement district proceedings to form a maintenance improvement district which will allow the City to assess the cost of operation, maintenance, repair and improvement of parking, parkways, retention basins and detention basins within, adjacent to, or that serve the district, and public landscaping, street lights, all headwalls, pumps, piping, canals, washes, ditches, storm drain inlets, scuppers, dry wells, and other adjuncts and appliances related to such parking, parkways, retention basins and detention basins within the Land. (d) Foreign Trade Zone. City agrees to provide written support of applications from qualified foreign trade zone applicants seeking a user-driven Foreign Trade Zone Site Activation on the Land that meet City criteria for job creation and wage thresholds. 11 (e) Improvement Districts. Subject to applicable laws, the City will consider requests by GVB of the City to form improvement districts comprised of all or a portion of the Land, including without limitation, revitalization districts. (f) Electrical Tax Exemption for Manufacturing. In compliance with applicable State law, users of the Land may request the City’s electrical tax exemption for manufacturing and if the exemption exists, City shall provide such exemptions if reasonable performance standards are met consistent with those the City have required from others granted the exemption. (g) City Not Liable. To the extent a court or other governmental agency determines the City shall not provide one or more municipal services to all or part of the Land for a reason outside the control of the City, the City shall not be liable for any damages, costs or expenses incurred or suffered by GVB as a result of the City’s inability to serve. 10. Costs, Fees, Credits, Reimbursement. (a) As the Land is developed, GVB shall pay to the City what are commonly referred to as development, or impact, and hookup fees (collectively, “Development Fees”) that are imposed by the City as of or after the date of this Agreement, subject to offsets and credits, as allowed by law. (b) It is the intent of the parties to allow for a credit to be given against any Development Fee imposed if infrastructure or land, if any, is constructed or dedicated by a party other than the City and that is a component of the specific development impact fee to be credited, as included in a Land Use Assumptions, Infrastructure Improvements Plan and Development Fee Report that has been adopted and which fee is being collected by the City. No credit will be given for dedication of rights-of-way, easements or other land normally required for public infrastructure pursuant to the Laws and Regulations, that is not a component of a development impact fee. Any credits received for Eligible Public Infrastructure as defined in Section 10(d)(iv) will reduce amounts eligible for repayment or reimbursement. (c) When the value of off-site public improvements constructed exceeds the developer’s obligation as determined by a benefit study, the City-approved costs of engineering, design, construction and installation of such public improvements may be repaid to GVB by Benefited Properties through a repayment agreement prepared in accordance with Chapter 20 of the City Code, as amended. (d) As outlined in Section 3(f), and as a condition of this Section 10(d), GVB intends to spend millions of dollars to develop the Land as an economic engine, which GVB has no obligation to do. If GVB’s development of the Land generates substantial monetary benefit to the City, equal to or greater than Ten Million 00/100 Dollars ($10,000,000.00) (“Reimbursement Threshold”) from tax revenues defined in Section 10(d)(iii) (“Tax Revenue”) generated by construction and operation of advanced manufacturing; semi-conductor, aerospace and defense manufacturing; auto manufacturing; pharmaceutical and bio medical research, development, and manufacturing; medical and bio device manufacturing or production; data center; or other uses reasonably determined to be similar to the foregoing by the City and which carry out the intent of this Section 10(d), occurring on the Land (“Eligible Uses”), all as determined by the City, for the 12 amounts paid by GVB for the construction of the Eligible Public Infrastructure, defined in Section 10(d)(iv). Reimbursement amounts will be reduced by any impact fee credit and/or repayments from benefitted properties. Such reimbursement shall be as follows: (i) GVB shall receive an amount equal to fifty percent (50%) of Tax Revenue, as defined below, received by the City and generated by the Eligible Uses on the Land (“Reimbursement”) for the Verified Costs of the Eligible Public Infrastructure, provided the Reimbursement Threshold has been met. (ii) Reimbursement from Tax Revenue under this Section 10 shall be paid by City to GVB commencing with the first calendar quarter following the date on which the Tax Revenue received by the City cumulatively meets or exceeds the Reimbursement Threshold. Each Reimbursement shall be made after all three of the following have occurred and within thirty (30) days of the latest to occur: (i) the City’s confirmation of City receipt of amounts of Tax Revenue; (ii) City approval of GVB’s documentation of the date and amount(s) of GVB’s payment(s) of taxes to the County; and, (iii) City’s approval of the Verified Costs, defined in Section 10(d)(iv) (“City Review Criteria”). In addition to the commencement of the quarterly payments, during the period of time prior to GVB achieving the Reimbursement Threshold, the City shall impound on an annual basis fifty percent (50%) of Tax Revenue, which amounts shall be set aside for future Reimbursement to GVB under this Section 10 following the date on which the Reimbursement Threshold is achieved (the “Tax Revenue Impound Amount”). Following GVB’s achievement of the Reimbursement Threshold, the City shall pay to GVB, within thirty (30) days of such achievement and completion of the City Review Criteria, whichever occurs first, the amount of the Tax Revenue Impound Amount that corresponds to the Verified Costs of any Eligible Public Infrastructure approved by the City as of such date, and shall thereafter continue to make payments on a quarterly basis until all Verified Costs have been reimbursed, or the termination of this Agreement. Any Tax Revenue Impound Amounts remaining following any such payment to GVB shall continue to be held by City for future Reimbursement to GVB pursuant to this Section 10. (iii) As used herein, (“Tax Revenue”) shall mean tax receipts from Eligible Uses received by the City after the Effective Date from Construction Sales Tax, as defined below, and lease taxes, and primary real and personal property taxes, and is exclusive of all other forms of revenue received by the City in connection with the Land. GVB shall provide the City with sufficient documentation reflecting the amount and date of payment of Tax Revenue to allow the City, in its reasonable discretion, to confirm the amounts as having been collected from activities conducted on, at, or from the construction within, the Land of an Eligible Use. As part of any assignment of this Agreement, GVB shall require the assignee provide this documentation to the City and to GVB. (“Construction Sales Taxes”) is defined by the Model City Tax Code (Sec. 13-415) as amended and does not include construction sales taxes paid in connection with the Land that are required by Law to be allocated by the City to pre-determined recipients. (iv) As used herein, the term (“Verified Costs”) is defined as the City’s written, signed and dated verification of the City-approved costs of design and construction of the Eligible Public Infrastructure as reflected by the following (a) copies of all bills, invoices and other statements of expenses incurred by GVB, covering all of the costs of 13 eligible services, materials, equipment, supplies, construction and installation of the Eligible Public Infrastructure; and (b) lien waivers and releases from contractors, subcontractors, consultants and vendors for services, materials, equipment, supplies and construction included in the Eligible Public Infrastructure; and (c) receipts, specifying exact amount of payments in full by GVB to all contractors, subcontractors, consultants and vendors for all services, materials, equipment, supplies, labor and other costs of construction of the Eligible Public Infrastructure; and (d) as-built drawings certified as to correctness by an engineer registered in the State of Arizona and showing the locations, materials and other information as required by the City Engineer; and (e) any other reasonable support for the actual costs of design and/or construction of the Eligible Public Infrastructure required by the City to verify the actual approved costs of construction of the Eligible Public Infrastructure. The (“Eligible Public Infrastructure”) is: 1) portions of the GV Water Campus which serve or benefit property other than the Land, as reasonably determined by the City; 2) portions of the GV Water Reclamation Facility, (“GV WRF”) which serve or benefit property other than the Land, as reasonably determined by the City; 3) oversized lines coming out or into the GV Water Campus and GV WRF, as reasonably determined by the City; and 4) the actual costs for a fire engine, equipment, and IT package; and the design, construction, furnishing and equipping of one (1) fully-furnished and equipped permanent Public Safety Facility as set forth in Section 11(f) (ii) and 11(f) (iii) (not inclusive of the land). (v) The City’s obligation to make Reimbursements from Tax Revenue shall automatically terminate twenty-five (25) years from the Effective Date of this Agreement, without further notice or requirement by the City, and following automatic termination, the City shall be relieved of any subsequent reimbursement obligation under this Agreement. GVB acknowledges and agrees that after termination the City has no obligation or duty of good faith to make any payment pursuant to or under this Section 10(d), and the Reimbursement is not a general obligation or indebtedness of the City. GVB hereby waives any and all rights to bring any claim against the City from or relating to in any manner the termination of the City’s Reimbursement obligation pursuant to this Agreement. Termination of this Agreement pursuant to this Section 10(d)(v) shall not terminate obligations under any separate agreements between the Parties. (vi) `GVB represents and warrants that the construction of all Eligible Public Infrastructure subject to reimbursement from the City or repayment by Benefitted Properties as provided in this Agreement shall be publicly procured pursuant to the applicable provisions of Title 34, Arizona Revised Statutes, as amended, and in accordance with the procurement code and policies of the City. 11. City Services and Options for Private Service. (a) General. Subject to the terms of this Agreement, including the options for GVB to elect private wastewater and water service, the City shall, to the extent permitted by law, include the Land in the City‘s municipal service area and provide to the Land such utility and other services in a manner that is similar to that by which the City provides such utilities and services generally to the residents of the City, including sewer, water, garbage, fire and police, provided all of the conditions of this Agreement are met by GVB, including the following: 14 (i) GVB has executed and delivered all applicable Service Agreements. (ii) GVB has constructed and installed the necessary Infrastructure as provided in or as required by this Agreement, the Laws and Regulations and the CMP for each Phase of development. (b) Water. As a condition of the City providing water service to the Land, if requested by GVB, GVB shall, at GVB’s sole cost, purchase, design, construct and install all water infrastructure improvements determined by the City as necessary to provide such services to the Land and GVB shall convey to the City, at no cost to the City, the completed infrastructure improvements, along with the necessary easements and other real property interests needed for the City to operate and maintain the improvements. GVB has requested, and the City agreed, to extend the City’s existing service area to include the Land through extension of the water lines described below in subsections (iii) and (iv) as stated therein. GVB and the City shall use commercially reasonable efforts to use Type 1 water appurtenant to the Land to serve the Land either from wells provided by GVB to the City, private wells, or water supplied from an irrigation district. Until the City becomes a designated provider as determined by the Arizona Department of Water Resources for an area that includes the Land, City shall provide any additional water required for uses that do not require a Certificate of Assured Water Supply from wells provided by GVB to the City. For uses requiring a Certificate of Assured Water Supply, or for any use that exceeds the Type 1 water available if the City becomes a designated provider for an area that includes the Land, GVB shall provide the City with a sufficient source and supply of non-groundwater of adequate quality and continuous availability to satisfy the water needs of the Land, or the capital necessary for the acquisition by the City of such non-groundwater supply. The terms of how the rights will be acquired and/or transferred will be set forth in a subsequent agreement between the Parties. GVB is responsible, at its sole cost, for providing water for construction purposes for the development of the Land, including obtaining the necessary water rights for the water supply to be used for construction purposes. (i) Private onsite water systems and tanks may be used by GVB. Private wells, whether existing or new, may be used to provide service subject to obtaining any permits required by ADWR. The City will cooperate and support the conversion of grandfathered irrigation rights into Type 1 non-irrigation or similar rights. GVB will be solely responsible for compliance with any replenishment obligations for use of private wells. (ii) GVB shall have a first right to build each phase of the GV Water Campus on the GV Public Facility Parcel. If an owner of another property to be served or the City desires to construct a phase, the City will provide notice to GVB and a reasonable opportunity to either build the phase or participate in the phase within all applicable laws should City funds be used. The first phase is anticipated to be served by an existing well. Once such well is accepted by the City, the City shall thereafter be responsible for operation and maintenance. If the well will partially serve the GV Water Campus and partially provide Type 1 or Type 2 or other private water to GVB as elected by GVB, then the City and GVB shall enter into a shared well site and maintenance agreement. 15 (iii) Not later than 18 months after the Effective Date, the City shall extend, at no cost to GVB, a 16" DIP water line from the Jackie A. Meck Water Campus to the Land at the southeast corner of Broadway Road and Dean Road. After such line is extended and prior to being put into use or connected to a secondary City water line, GVB and City will establish a satisfactory flushing program to keep the water in the line fresh. The first phase of the GV Water Campus may include a connection of such line from the southeast corner of Broadway Road and Dean Road to the GV Water Campus. The GV Water Campus connection to this line together with the onsite well will meet the City’s redundancy requirements for the GV Water Campus and Land’s initial phase of development. (iv) GVB may request to defer construction of the first phase of the GV Water Campus and to receive initial water service by connecting to the City 16" DIP line at Broadway Road and Dean Road and either connecting it with a 16" DIP line installed by GVB that runs west on Southern Avenue to a City provided 16" DIP line at Rainbow Road and Southern Avenue, or connecting it with a 16" DIP line installed by GVB that runs north on Verrado Way to a City provided 16" DIP line just north of the Roosevelt Irrigation District canal, or any other such connection the City may approve. (v) GVB shall retain the existing water rights related to the Land identified on the attached Exhibit F. (c) Potable (Domestic) Water Self Service. Potable water users within the Land may self-serve domestic water uses from small private wells and point-of-use treatment solutions in accordance with applicable law. If any user elects to self-serve potable water, the City shall have no liability or responsibility for such water use. GVB agrees not to establish a private water company, cooperative or any other form of water production and supply organization on the Land. No water user shall sell, transfer, or otherwise provide water to other users, but users may share wells, if any, each for their own uses if allowed by applicable law. No public service corporation shall serve potable (domestic) water within the Land. Irrigation Districts may serve non potable water to the Land. (i) Process Water Service. City Provided (Raw Water/Non-potable). Users within the Project are anticipated to require process water that does not need to be treated to meet drinking water standards. If requested by GVB, City agrees to provide the Land with untreated process water service so long as GVB constructs and conveys to the City, and subject to the City’s reasonable acceptance thereof, the necessary groundwater production wells and water mains needed by the City, constructed to City standards, to distribute process water to parcels within the Land. Subject to the annual water supply limit of 6,900 ac-ft, City commits to providing up to 5,000 GPM of process water to the Land from the wells drilled and equipped by GVB and conveyed to the City. The Land shall have a first right to the water produced by the wells conveyed by GVB up to 5,000 GPM. GVB may locate one or more of the process water wells within the GV Water Campus, and/or outside of the GV Water Campus, pursuant to an engineering plan submitted to and reasonably approved by City. GVB, shall have the right to construct water storage tanks or similar storage devices or facilities for each phase or on any portion of the Land that may be needed in order to provide for the necessary cooling and fire suppression needs. If such private storage facilities are used, then the City shall have no liability for the operation and 16 maintenance of such private storage facilities. If GVB requests City to provide storage capacity for the process water service, then GVB shall construct and pay for the requested storage capacity and associated equipment pursuant to an engineering plan submitted to and reasonably approved by the City. Process water storage may be located by GVB within the GV Water Campus provided there is sufficient land within the GV Water Campus to accommodate the storage as reasonably determined by the City. If sufficient land is not available within the GV Water Campus to accommodate such process water storage, then GVB shall be required to provide for any such additional land for GVB’s requested process water storage that is reasonably determined by the City to be needed. If GVB requests City to provide any treatment of the process water served by the City, then GVB shall construct and pay for the requested treatment capacity City needs to provide such upgraded service pursuant to an engineering plan submitted to and reasonably approved by City. Process water treatment requirements will be subject to a separate agreement with the City. (ii) Process Water Self Service. Nothing in this Agreement is intended to prohibit a user within the Land from self-serving with a non-City water supply including a private groundwater well in accordance with applicable law, or process water delivered via irrigation district facilities. The City shall have no liability or responsibility for such self-service. GVB shall not establish a private water company, cooperative or any other form of water production and supply organization on the Land. No water user shall sell, transfer or otherwise provide water to other users, but users may share wells if any, each for their own uses if allowed by the applicable Laws and Regulations. Use of irrigation, Type 1 and Type 2 water shall not be restricted in any way by this Agreement. (d) Wastewater. (i) Wastewater Self Service. The Land or any phase or portion within the phase, may be served entirely, individually or collectively by one or more septic systems or a package plant, in compliance with all regulatory requirements. To the extent GVB elects self-service wastewater discharge/disposal at a portion of the Land, City shall not be responsible in any way for the self-service system. For the portion of the Land electing wastewater self-service, GVB shall not be required to construct or dedicate its wastewater conveyance lines underneath the perimeter City streets and roads unless required for connectivity to other portions of the Land; GVB will have the authority to build internal collection lines, and to connect portions of the Land to each other. Unless Section 11(d)(ii) applies, or unless required to do so by the County or any other jurisdiction having authority thereof, for the portions of the Land electing wastewater self-service, GVB shall not be required by the City to construct, install, pay for, or be assessed fees or costs for the GV WRF, and to the extent the City may construct the GV WRF in the GV Public Facility Parcel, GVB, shall not be required to connect its lines to the facility or to participate in such costs. GVB agrees that any claims against the City arising from GVB’s self-service wastewater management approach meet the definition of a “Claim” pursuant to Section 19 and is subject to the defense, indemnification and hold harmless provisions set forth therein. (ii) City Supplied Wastewater Services, GV Public Facility Parcel. As a condition of the City providing wastewater service to the Land, GVB shall be responsible for constructing, at GVB’s sole cost, all facilities and improvements, including 17 on-site treatment facilities as may be needed for GVB to comply with applicable federal, state, county, and local requirements. City will require users on the Land to pretreat wastewater discharge to meet all regulatory discharge standards, including discharge of process water, to the same standard that the City requires all other industrial users to meet. Following construction and equipping of the improvements, GVB shall convey to the City, at no cost to the City, the completed infrastructure improvements, along with the necessary easements and other real property interests needed for the City to operate and maintain the improvements. GVB may elect to take responsibility for collection and disposal of process water discharged from the Land in accordance with all regulatory discharge standards, instead of City. GVB shall have the first right to design and build each phase of GV WRF, and it may be built in phases based on capacity being allocated only to property owners participating in the cost to design and construct each phase to the greatest extent reasonably possible. The GV WRF may be connected to the Sundance WRF to receive raw wastewater from the Sundance WRF at the option of GVB. If an owner of another property to be served or the City desires to construct a phase, the City will provide notice to GVB and a reasonable opportunity to either build the phase or participate in the phase, within all applicable laws should City funds be used. GVB and City shall reasonably agree on the size of any phase and the technology to be used. The City agrees to a Phase 1 design size of 200,000 gallons per day or larger. (iii) Effluent and Reclaimed Water. a. Ownership. All effluent produced by the GV WRF is owned by the City. GVB will be allocated an amount of effluent (“Effluent Allocation”) to be stored as long term storage credits (“LTSC”) in an amount equal to forty percent (40%) of the total amount of Type 1 water rights used on the Land for potable and process water uses on the Land disposed of through discharge to the GV WRF. All remaining effluent produced by the GV WRF will be used by the City at its discretion. b. LTSCs. All of GVB’s Effluent Allocation produced by the GV WRF will be transported to and stored by the City in an appropriate groundwater savings facility (“GSF”) or underground storage facility (“USF”). GVB shall not be required to design or construct a GSF or USF. On an annual basis, GVB, following the establishment of an appropriate ADWR account, will be assigned the appropriate amount of credits based on the amount of Type 1 water used on the Land for potable and process uses per Section 11(d)(iii)(a). GVB will pay all applicable ADWR fees and the City will assess GVB all storage costs charged by the GSF for LTSCs transferred to GVB. LTSCs owned by GVB shall be used in the City of Buckeye by the Land or other land owned or controlled by GVB. City shall have the first right to purchase LTSCs from GVB at a purchase price equal to the effluent production cost as determined by the City’s prior year wastewater budget. 18 c. Reclaimed Water. If the City has effluent available, GVB may purchase effluent from the City for use on the Land at the Council- adopted non-potable rate then-in-effect, provided that the Land permits and installs the necessary infrastructure to receive the effluent. (e) Service Area Participation in GV Water Campus and GV WRF. The GV Water Campus and GV WRF are intended to have ultimate service areas as shown on Exhibit G hereto at ultimate build out. (f) Fire/Police Site. As the City does not have a current source of capital to offset the capital expenditures related to police and fire services, GVB shall do the following in connection with the development of the Land: (i) When reasonably requested by the City and at no cost to the City, dedicate the real property parcel of the Land consisting of approximately three (3) acres depicted in Exhibit H (the “Police/Fire Parcel”) for a police communication tower or equipment and one combined public safety facility to include a police substation and fire station. (ii) When reasonably requested by the City and at no cost to the City, fund the purchase of one (1) new fire engine, including equipment and IT packages. City will present written invoices to GVB, which shall be paid no later than sixty (60) days from the date of the invoices. (iii) Within 30 days after the first to occur of the following: (i) issuance of building permit(s) for cumulative 1,000,000 square feet of non-public non-residential/multi- family space within the Land; (ii) issuance of the 100th building permit for single family residential within the Land; (iii) issuance of the 1st multi-family building permit; or (iv) issuance of the first building permit for a data center building on the Land, pay the City the actual costs to design, construct, furnish and equip one (1) permanent Public Safety Facility. The permanent Public Safety Facility shall be a minimum size as reasonably required by the City to serve the Land. The building, furnishing and equipment shall be of a standard design or specifications adopted by the City. (iv) In lieu of any requirement to design, construct or provide a temporary public safety facility prior to the delivery of the Permanent Public Safety Facility, GVB shall, starting no later than 30 days after the first to occur of the following: (i) issuance of building permit(s) for cumulative 1,000,000 square feet of non-public non-residential/multi-family space within the Land; (ii) issuance of the 100th building permit for single family residential within the Land; (iii) issuance of the 1st multi-family building permit; or (iv) issuance of the first building permit for a data center building on the Land, make payments to City for operation and maintenance costs. The payments will not be required following the earlier of the following: (i) the delivery of the fully furnished and equipped permanent Public Safety Facility; or (ii) timely receipt by the City of complete payments for the twenty-four (24) month time period following the triggering event listed above. City will present written invoices to GVB, which shall be paid no later than thirty (30) days from the date of the invoices. 19 (v) All security systems on the Land shall be compatible and integrate with the City’s Real Time Crime Center system. 12. Restrictions. If GVB has met the requirements of this Agreement, including the Public Infrastructure required to be built by the CMP and/or necessary to serve the development has been constructed, then the City shall not (i) impose a moratorium; (ii) enforce any Laws or Regulations that directly impose material limitations on the rate, timing or sequencing of development (other than the City’s ability to require different sequencing pursuant to Section 5(c) of this Agreement; or (iii) impose any Laws or Regulations which are intended for anti-growth purposes. This prohibition shall not apply to the extent that a limitation may be (a) required or mandated by county, State or federal laws; (b) required or imposed by judicial or regulatory action; or (c) necessary to alleviate or otherwise contain threats to public health or safety. Notwithstanding anything contained in this Section 12, the City reserves the right to impose a moratorium or impose or enforce Laws or Regulations which are for no growth purposes on any portion of the Land for which necessary infrastructure has not been constructed or substantial progress in the construction of such necessary infrastructure has not been made, provided however, GVB shall have the right to construct such necessary infrastructure and cause the removal of the moratorium from the Land if GVB constructs the infrastructure required by the City in accordance with this Agreement and applicable Laws and Regulations. GVB shall be allowed to apply for and receive approvals from the City for development on the Land that are consistent with this Agreement and the CMP. 13. Agriculture Use. GVB shall have the right to continue existing agricultural use on undeveloped portions of the Land, including existing feed lot and dairy operations. GVB shall have the right to use or grant rights to use the undeveloped part of the Land for new agriculture purposes, including livestock grazing, but not new dairy or feed lot operations, until such time as development begins on that part of the Land. However, GVB shall use fences, setbacks, or other physical buffers to adequately separate the agricultural uses from other uses, and GVB shall utilize customary agricultural practices to control dust, odors and water runoff and other resulting conditions from the agricultural uses to ensure that such agricultural uses comply with the Laws and Regulations that apply to such agricultural uses. New habitable structures as defined by the International Building Code used for agricultural purposes shall comply with the City’s building code but shall not be subject to site plan approval. Existing agricultural use buildings and new non- habitable agricultural use structures shall not be subject to the City’s building code or site plan approval. 14. Covenants, Conditions and Restrictions. GVB shall have the right to record one or more declaration of covenants, conditions and restrictions (“CC&Rs”) for the area of the CMP and each phase to govern the private development and use of the Land. The CC&Rs shall be consistent with this Agreement and the CMP and all applicable Laws and Regulations, and each of the CC&Rs shall be subject to the prior review and approval of the City to confirm its compliance with this Agreement and the CMP. 15. Representations and Warranties. As of the date of the execution of this Agreement, the parties represent and warrant to each other as follows (“Representations and Warranties”): 20 (a) By GVB: (i) GVB is a limited liability company, duly formed and in good standing in its State of incorporation or formation and duly qualified to do business in Arizona. (ii) GVB has the authority, including the person signing for GVB, and the right to enter into this Agreement as authorized by the members of GVB at meetings at which quorums were present. (iii) GVB is not prohibited from executing this Agreement by any law, rule, regulation, instrument, agreement, order or judgment. (iv) GVB has not relied on any representations or warranties of the City other than those expressly set forth in this Agreement. (v) To the extent applicable under A.R.S. § 35-394, GVB certifies that it does not, and will not for the duration of this Agreement, use the forced labor, any goods or services produced by the forced labor, or any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. (b) By City: The Agreement Ordinance was approved and enacted at a duly noticed and held public meeting by the City Council, at which a quorum was present and the execution of this Agreement was authorized. 16. Cooperation. The City and GVB shall each designate a representative to act as a liaison between the City and its various departments and GVB (“Representatives”). The Representatives shall be available at all reasonable times to assist with the performance of the parties under this Agreement. The initial representative for the City (“City Representative”) shall be Brian Craig. The initial representative for GVB (“GVB Representative”) shall be Terry Klinger. The representatives may be changed by the applicable party by giving notice to the other party of the name, title, address and telephone number of the replacement. 17. Conflicts of Interest. The parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. § 38-511, as amended. 18. Covenants Running with the Land. This Agreement shall run with the Land, but the rights of GVB may only be exercised by GVB or an assignee that received an express assignment of all or a portion of such rights pursuant to Section 24 of this Agreement. 19. Indemnity For Third-Party Claims. GVB and its assigns, shall indemnify, defend and hold harmless the City and each council member, officer, employee, or agent thereof (“Indemnified Parties”) for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including attorneys' fees and costs) to which any such Indemnified Party may become subject, at law or in equity or otherwise (“Claims”) insofar as such Claims are brought by a third- party and arise out of or are based upon any provision of this Agreement , but GVB and its assigns 21 shall not be responsible for Claims which have been adjudicated to be caused by the City’s gross negligence or intentional misconduct and shall also not be responsible under this Section 19 for Claims that arise out of or are based on the design, construction, use or operation of any improvement. An Indemnified Party shall, promptly after the receipt of written notice or actual knowledge of a Claim against such Indemnified Party in respect of which indemnification may be sought against Owners, notify GVB (as provided in Section 35 below) in writing of such Claim, provided that the failure of the Indemnified Party to give written notice of such Claim shall not relieve GVB from its obligations under this Section 19 except to the extent that such failure prejudices the defense of such action or proceeding by GVB. The Indemnified Party, at its expense, may employ separate counsel and participate in the defense. In case any such action shall be brought against an Indemnified Party and such Indemnified Party shall notify GVB of the commencement thereof, GVB shall promptly assume the defense thereof, with counsel satisfactory to such Indemnified Party and GVB. If GVB promptly assumes the defense of any such Claim and pays all costs incurred in connection therewith, GVB will not be liable to such Indemnified Party under this Section 19 for any legal or other expenses incurred by such Indemnified Party separately in connection with the defense thereof. If GVB does not promptly assume the defense of any such action after written notice from the Indemnified Party, until GVB does assume the defense of such action, the Indemnified Party shall have the right to direct the defense of such action on behalf of such Indemnified Party and settle the action without the consent or approval of GVB and GVB shall pay any settlement amounts and all reasonable attorneys’ fees and other costs and expenses incurred in the defense and settlement of any such action. At any time after an Indemnified Party receives a notice of Claim for which indemnification is required under this Agreement, the City may require Owners to provide the City, within thirty (30) days after written notice from the City to GVB, with such financial assurance(s) as the City may require, in its reasonable discretion, sufficient to guarantee GVB’s performance of any of its indemnity obligations under this Agreement that are the subject of the notice of Claim. 20. Defaults. Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) days after written notice thereof from the other party (“Cure Period”), shall constitute a default under this Agreement; provided, however, that if the failure or delay is such that more than thirty (30) days would reasonably be required to perform such action or comply with any term or provision hereof, then such party shall have such additional time as may be necessary to perform or comply so long as such party commences performance or compliance within said thirty (30) day period and diligently proceeds to complete such performance or fulfill such obligation. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non-defaulting party shall have all rights and remedies that are set forth in Section 21 of this Agreement. In addition to the dispute resolution process and remedies set forth in Section 21 of this Agreement and Exhibit I hereto and notwithstanding anything in this Agreement to the contrary, the City shall have the right to withhold the issuance of building permits for improvements on the Land affected by such default (regardless of Land ownership) until the default is cured by GVB. Nothing contained in this Section 20 shall prevent the City from using any remedies or imposing any fines available to it under the Laws and Regulations for a violation or breach by GVB of any Laws and Regulations. 21. Dispute Resolution Remedies. The parties shall be limited to the remedies and dispute resolution process set forth in Exhibit I and in this Section 21. Any dispute, controversy, 22 claim, or cause of action arising out of or relating to this Agreement shall be governed by Arizona law. GVB and the City agree that any award rendered by the arbitrator (as defined in Exhibit I) pursuant to the provisions of Exhibit I shall be binding on both parties, and if either party does not abide by the award rendered by the arbitrator, the provisions of Exhibit I shall apply. 22. Duration. This Agreement shall automatically terminate as to the Land without the necessity of any notice, agreement or recording by and between the parties twenty-five (25) years after the date of this Agreement. Upon the termination of this Agreement, neither party shall have any further obligations under this Agreement. However, such termination shall not affect any executed and delivered Service Agreement or any approval, permit, subdivision map or site plan that has been given, issued or approved by the City for any part of the Land as of the date of such termination. The City is willing to have this Agreement be effective for the period of time set forth in this Agreement because of the large number of acres owned by GVB. 23. Assignment. Except for assignments to affiliates where an allocation of rights, obligations and responsibilities is not made at the time of assignment, GVB shall not transfer or assign (a “Transfer”) part or all of its rights and obligations in part or all of the Land to any person or entity (“Transferee”) at any time during the duration of this Agreement without the prior written consent of the City which consent shall not be unreasonably withheld. Any assignment made without the City’s prior written consent required under this Section 23 shall be automatically void. In the event of a proposed assignment, GVB specifically acknowledges and agrees that the City’s consent may be withheld, and the applicable owner will not be released from its obligations under this Agreement and any applicable Service Agreement with respect to the Land or the part of the Land that is transferred (“Transferred Land”), unless: (a) GVB has provided the City written notice of the proposed Transfer which such notice shall include (i) a legal description of the Transferred Land and the name, address and facsimile number for notice purposes, of the Transferee; and (ii) a written acknowledgement and agreement that Transferee agrees to be subject to all of the provisions of this Agreement and any applicable Service Agreement as to the Transferred Land; and (iii) GVB’s request for the City’s consent; and (b) All outstanding fees and charges set forth in Section 10(a) through (c) of this Agreement have been paid to the City in addition to payment of costs and expenses in connection with any suit, claim, legal challenge or referendum filed challenging this Agreement or any Council action approving: (i) this Agreement,(ii) the CMP or (iii)other action relating to the development described in the CMP. (c) In the event of a partial Transfer, and in addition to the requirements of Section 23(a) and (b) above, GVB and the Transferee have submitted to the City and the City has approved in its reasonable discretion, a written plan providing for the allocation of rights, obligations and responsibilities under this Agreement between GVB and the Transferee including, but not limited to, those set forth in Section 7 “Infrastructure; Necessary Property; Easements”, Section 10 “Costs, Fees, Credits and Reimbursements” and Section 11 “City Services and Options for Private Service” such that the City’s rights and interests under this Agreement are not adversely affected. 23 (d) After a Transfer occurs that has been approved by the City as provided in this Section 23, GVB shall not be responsible for the rights, obligations and responsibilities allocated to the Transferred Land pursuant to the plan approved by the City, and the owner of the Transferred Land shall only have and be responsible for the rights, obligations and responsibilities related to the Transferred Land. Regarding Transfers to affiliates that did not originally have an allocation of rights, obligations and responsibilities, GVB may apply later to the City to allocate rights, obligations, and responsibilities in accordance with this Section 23. GVB may also request an allocation between Grand View and Verrado in accordance with this Section 23. Amendments can be made by GVB regarding land retained by GVB without the consent of the owner of Transferred Land, but any amendment regarding Transferred Land shall still require the consent of GVB in addition to consent of the owner of the Transferred Land. 24. Lien Financing. GVB shall have the right at any time, and as often as is desirable, to finance the Land and to secure the financing with a lien or liens against the Land. Nothing contained in this Section 24 or this Agreement shall constitute a subordination of this Agreement to any voluntary or involuntary obligation, tax, charge, assessment, encumbrance or other lien against the Land. 25. Compliance Confirmation. When requested by either the City or GVB, which request can be made from time to time, the other shall use its best efforts to confirm the following in writing to the requesting party within thirty (30) days from the date of the request: (a) This Agreement is unmodified and in full force and effect (or reasons why it is not); and (b) Based upon knowledge, there are not any uncured Defaults under this Agreement (or reasons why there are). 26. No Agency or Partnership. Neither the City nor GVB are acting as the agent of the other with respect to this Agreement, and this Agreement shall not be deemed to create a partnership, joint venture or other business relationship between the City and GVB. 27. No Third-Party Beneficiary. This Agreement shall not create any third-party beneficiary rights to any person or entity who is not a party to this Agreement, including any lender to GVB, unless expressly provided to the contrary in this Agreement (and then only to the extent so provided). 28. Construction. The provisions and exhibits of this Agreement shall be construed as a whole consistent with their plain meaning and intent, and they shall not be construed against one party or the other based upon which party prepared or influenced the drafting of any provision or exhibit of this Agreement. 29. Recording. The City shall record this Agreement with the County Recorder no later than ten (10) days after the last party to execute this Agreement. 30. Time of Essence and Merger. Time is of the essence of this Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matters of this Agreement. All prior contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein, and this 24 Agreement constitutes full satisfaction of all claims and liabilities that exist, whether known or unknown, on or before the effective date of this Agreement, between the parties. 31. Benefit and Binding Effect. This Agreement shall be for the benefit of and binding upon the parties hereto and their successors and assigns. 32. Counterparts; Entire Agreement; Waiver of Claims. This Agreement, which may be executed in counterpart, shall constitute the entire agreement between the parties regarding the subject of this Agreement. This Agreement will constitute the entire agreement between the parties and supersedes all previous written or oral agreements or understandings regarding the subject matter of this Agreement. GVB knowingly and voluntarily forever releases and discharges the City and all of its past and present elected officials, officers, directors, agents, employees, successors, assigns, attorneys, and representatives from all legal and equitable claims, causes of action, debts, accounts, and damages, known or unknown, asserted or unasserted, and of every nature and extent whatsoever, that GVB has against the City, and arising from actions, omissions, delays or other events that occurred prior to the date of this Agreement. GVB, on behalf of itself and all other parties having an interest in the Land, intends to encumber the Land with the following agreements and waivers. GVB agrees and consent to all the conditions imposed by this Agreement, and by signing this Agreement waive any and all claims, suits, damages, compensation and causes of action for diminution in value of the Land GVB may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12-1136 resulting from this Agreement or expressly permitted or contemplated by this Agreement to be enacted, adopted or applied by the City nor or hereafter. GVB acknowledges and agrees the terms and conditions set forth in this Agreement cause an increase in the fair market value of the Land and such increase exceeds any possible reduction in the fair market value of the Land caused by any future land use laws, rules, ordinances, resolutions or actions expressly permitted or contemplated by this Agreement and adopted or applied by the City to the Land. 33. Amendment. Any amendment to this Agreement shall be in writing and shall require written consent of the City, GVB, and the then-owner of the portion of the Land directly subject to the amendment. 34. Section Titles. The section titles in this Agreement are not part of this Agreement and are for convenience only. 35. Notices. All notices, requests, waivers, approvals, acceptances or other communications under this Agreement shall be in writing and shall be deemed given when personally delivered, delivered by recognized delivery service, or sent by email before 5:00 p.m. Arizona time on a business day, and otherwise shall be deemed given on the next business day, and shall be deemed given three (3) business days after mailing by certified mail, return receipt requested and postage prepaid, to the addresses set forth below: City: Doug Sandstrom, City Manager City of Buckeye 530 East Monroe Avenue Buckeye, Arizona 85326 Email: dsandstrom@buckeyeaz.gov 25 With a copy to: Tosca Henry, City Attorney City of Buckeye 530 East Monroe Avenue Buckeye, Arizona 85326 Email: thenry@buckeyeaz.gov GVB: Grand View Buckeye, LLC Nick Vanderwey Terry Klinger 2241 East Colter Street Phoenix AZ 85016 Email: nickvdwey@aol.com and terry@rexcollc.com With a copy to: Gammage & Burnham, P.L.C. Thomas J. McDonald Manjula M. Vaz 40 North Central Avenue, 20th Floor Phoenix, AZ 85004 Email: tmcdonald@gblaw.com No notice to a party shall be effective unless and until a copy of such notice is given to, or as appropriate, received by, all persons indicated above as entitled to receive required copies of notices to that party. The above-described recipients of notices may change their address for notice purposes by giving the other parties notice of such change, provided, however, that no such change in notice shall be effective for a period of ten (10) days following such notice of such change. The inability to deliver because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Any notice to be given by any party hereto may be given by legal counsel for such party. 36. Force Majeure. The performance of either party and the duration of this Agreement shall be extended by any causes that are beyond the control of the party required to perform, such as an act of God, civil or military disturbance and labor or material shortage. 37. Governing Law. This Agreement shall be governed by and construed under the laws of the state of Arizona, and any litigation shall take place only in Maricopa County, Arizona. 38. Attorneys’ Fees. The prevailing party in any litigation in connection with this Agreement shall be entitled to its attorneys’ fees and costs. 39. No Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the City or GVB of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 40. Severability. If any provision of this Agreement is declared void or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect if the remaining provisions permit the parties to 26 achieve the practical and proportional benefits and obligations of the arrangements contemplated by this Agreement. Otherwise, either party may terminate this Agreement. 41. Signature. The parties have executed this Agreement on the date set forth below. [SIGNATURES ON FOLLOWING PAGES] CITY: CITY OF BUCKEYE, ARIZONA an Arizona municipal corporation By Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: Tosca Henry, City Attorney STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this ______ day of _____________, 2026, before me personally appeared Eric W. Orsborn, Mayor of the City of Buckeye, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed this Pre-Annexation Development Agreement on behalf of the City. I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. (Seal and Expiration Date) ______________________________________ Notary Public in and for the State of Arizona LIST OF EXHIBITS: Exhibit A Legal Description of the Land (2271 acres) Exhibit B Depiction of the Land Exhibit C Legal Description of the Annexation Land (remaining approximately 1,919 acres) Exhibit D Depiction of the Annexation Land Exhibit E CMP plus Conditions of Approval Exhibit F Water Rights and Wells Exhibit G Service Area Participation in GV Water Campus and GV WRF Exhibit H Police/Fire Parcel Exhibit I Dispute Resolution Process and Remedies EXHIBIT A Legal Description of the Land (2271 acres) For APN/Parcel ID(s): 504-44-001, 504-44-002D, 504-44-002E, 504-44-002F, 504-44-003A, 504-44- 034A and 504-44-004: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF SECTION 25 AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 79.60 FEET; THENCE LEAVING SAID LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, PARALLEL TO, AND 40.00 FEET WESTERLY OF, MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 2573.19 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 00 DEGREES 03 MINUTES 41 SECONDS WEST, 1289.86 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE, ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 75 DEGREES 40 MINUTES 40 SECONDS WEST, 85.77 FEET; THENCE SOUTH 74 DEGREES 44 MINUTES 02 SECONDS WEST, 105.13 FEET; THENCE SOUTH 74 DEGREES 22 MINUTES 51 SECONDS WEST, 101.17 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES 11 SECONDS WEST, 99.97 FEET; THENCE SOUTH 74 DEGREES 16 MINUTES 57 SECONDS WEST, 4412.17 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, SOUTH 74 DEGREES 16 MINUTES 57 SECONDS WEST, 608.57 FEET TO A POINT ON THE EAST LINE OF THE WEST 33.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE ALONG SAID LINE, NORTH 00 DEGREES 09 MINUTES 00 SECONDS WEST, 171.92 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE CONTINUING ALONG SAID LINE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 5259.69 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 89 DEGREES 21 MINUTES 31 SECONDS EAST, 2630.61 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE CONTINUING ALONG SAID LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 2295.47 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, 7.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 40.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 250.01 FEET; THENCE LEAVING SAID LINE, SOUTH 44 DEGREES 39 MINUTES 01 SECOND EAST, 56.85 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND REBAR ACCEPTED AS THE NORTHEAST CORNER OF SAID SECTION 25, FROM WHICH A FOUND REBAR ACCEPTED AS THE EAST QUARTER CORNER THEREOF BEARS SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, 2652.79 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 43 SECONDS WEST, 79.60 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID EAST LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 2573.19 FEET ALONG A LINE WHICH IS 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, NORTH 89 DEGREES 16 MINUTES 53 SECONDS WEST, A DISTANCE OF 2593.52 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID SOUTH LINE, NORTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, 2616.56 FEET ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID WEST LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 2295.24 FEET ALONG A LINE WHICH IS 33.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 250.01 FEET ALONG A LINE WHICH IS 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 44 DEGREES 39 MINUTES 01 SECONDS EAST, 56.85 FEET TO THE POINT OF BEGINNING. EXCEPT FROM THAT PORTION LYING WITHIN SECTION 36, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, HELIUM OR OTHER SUBSTANCES OF A GASEOUS NATURE, COAL, METALS, MINERALS, FOSSILS, FERTILIZER OF EVERY NAME AND DESCRIPTION AND ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED BY THE LAWS OF THE UNITED STATES, OR OF THE STATE OF ARIZONA, OR THE DECISIONS OF COURT TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED TO THE STATE OF ARIZONA IN THE PATENT TO SAID LAND RECORDED NOVEMBER 7, 1979 IN DOCKET 14015, PAGE 304, MARICOPA COUNTY ARIZONA. PARCEL NO. 2: THAT PART OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND REBAR ACCEPTED AS THE NORTHEAST CORNER OF SAID SECTION 25, FROM WHICH A FOUND REBAR ACCEPTED AS THE EAST QUARTER CORNER THEREOF BEARS SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, 2652.79 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 43 SECONDS WEST, 79.60 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID EAST LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 2573.19 FEET ALONG A LINE WHICH IS 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, NORTH 89 DEGREES 16 MINUTES 53 SECONDS WEST, A DISTANCE OF 2593.52 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID SOUTH LINE, NORTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, 2616.56 FEET ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID WEST LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 2295.24 FEET ALONG A LINE WHICH IS 33.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 250.01 FEET ALONG A LINE WHICH IS 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 44 DEGREES 39 MINUTES 01 SECONDS EAST, 56.85 FEET TO THE POINT OF BEGINNING. For APN/Parcel ID(s): 504-44-002B, 504-44-003B, 504-44-027B, 504-44-039B, 504-44-039C and 504- 44-062: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 36, WHICH IS THE TRUE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 0 DEGREES 11 MINUTES 41 SECONDS WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 396.94 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ANPP PIPELINE PROPERTY; THENCE NORTH 71 DEGREES 38 MINUTES 30 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 184.06 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 28 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 103.59 FEET; THENCE NORTH 78 DEGREES 07 MINUTES 28 SECONDS EAST ALONG SAID RIGHT- OF- WAY LINE, A DISTANCE OF 351.98 FEET; THENCE NORTH 78 DEGREES 37 MINUTES 33 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 650.01 FEET; THENCE NORTH 79 DEGREES 39 MINUTES 02 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 466.22 FEET TO A POINT ON THE NORTH LINE OF SECTION 36, (FROM WHICH THE NORTHEAST CORNER OF SECTION 36 BEARS SOUTH 89 DEGREES 03 MINUTES 31 SECONDS EAST, A DISTANCE OF 927.57 FEET); THENCE NORTH 89 DEGREES 03 MINUTES 31 SECONDS WEST ALONG THE SAID NORTH LINE OF SECTION 36, A DISTANCE OF 1714.05 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL NO. 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF THE BUCKEYE CANAL WHERE THE NORTH AND SOUTH CENTER LINE OF SAID SECTION INTERSECTS THE SAME AND RUNNING; THENCE NORTH 495 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SECTION; THENCE, WEST 1320 FEET; THENCE, SOUTH 825 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID CANAL; THENCE, EASTERLY ALONG SAID RIGHT OF WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. EXCEPT THAT PART LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 36; THENCE, SOUTH 0 DEGREES 11 MINUTES 41 SECONDS WEST, A DISTANCE OF 396.94 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE DESCRIBED HEREIN; THENCE, SOUTH 71 DEGREES 38 MINUTES 29 SECONDS WEST, A DISTANCE OF 465.66 FEET; THENCE, SOUTH 77 DEGREES 44 MINUTES 03 SECONDS WEST, A DISTANCE OF 187.12 FEET; THENCE, SOUTH 82 DEGREES 37 MINUTES 56 SECONDS WEST, A DISTANCE OF 598.80 FEET; THENCE, SOUTH 89 DEGREES 11 MINUTES 21 SECONDS WEST, A DISTANCE OF 104.03 FEET, TO A POINT, FROM WHICH POINT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36 BEARS NORTH 0 DEGREES 10 MINUTES 41 SECONDS EAST, A DISTANCE OF 697.78 FEET. EXCEPT ALL MINERALS, ORES AND METALS OF EVERY KIND AND CHARACTER, AND ALL COAL, ASPHALTUM, OIL, GASES, FERTILIZERS, FOSSILS AND OTHER LIKE SUBSTANCES IN OR UNDER SAID LAND AS RESERVED IN THE PATENT FROM THE STATE OF ARIZONA RECORDED IN BOOK 167 OF DEEDS, PAGE 222. PARCEL NO. 3: Intentionally Omitted PARCEL NO. 4: THAT PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 00 DEGREES 03 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, 184.81 FEET; THENCE SOUTH 79 DEGREES 20 MINUTES 53 SECONDS WEST, 40.71 FEET TO A POINT ON THE WEST LINE OF THE EAST 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 25 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, SOUTH 79 DEGREES 20 MINUTES 53 SECONDS WEST, 902.61 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE, ALONG SAID LINE NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST A DISTANCE OF 1714.80 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25, NORTH 89 DEGREES 21 MINUTES 03 SECONDS WEST, 1312.77 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE ALONG SAID LINE, NORTH 74 DEGREES 16 MINUTES 57 SECONDS EAST, 3731.07 FEET; THENCE NORTH 74 DEGREES 20 MINUTES 11 SECONDS EAST, 99.80 FEET; THENCE NORTH 74 DEGREES 22 MINUTES 51 SECONDS EAST, 100.48 FEET; THENCE NORTH 74 DEGREES 44 MINUTES 02 SECONDS EAST, 102.86 FEET; THENCE NORTH 75 DEGREES 40 MINUTES 40 SECONDS EAST, 32.83 FEET TO A POINT ON THE WEST LINE OF THE EAST 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 00 DEGREES 03 MINUTES 41 SECONDS WEST, 967.29 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT PORTION CONVEYED TO MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA IN FINAL ORDER OF CONDEMNATION RECORDED SEPTEMBER 8, 1999 IN RECORDING NO. 1999-0841981, DESCRIBED AS FOLLOWS: THE WEST 15.00 FEET OF THE EAST 55.00 FEET OF THAT PROPERTY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD AND NORTH OF THAT CERTAIN LINE DESRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 25; THENCE NORTH 00 DEGREES 21 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 131.02 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE BUCKEYE CANAL AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 21 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 53.79; THENCE SOUTH 79 DEGREES 39 MINTUES 02 SECONDS WEST, 943.91 FEET TO THE POINT OF TERMINUS ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 25. PARCEL NO. 5: Intentionally Omitted PARCEL NO. 6: THAT PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, 195.01 FEET TO A POINT ON THE SOUTH LINE OF THE BUCKEYE CANAL; THENCE ALONG SAID LINE, NORTH 79 DEGREES 18 MINUTES 49 SECONDS EAST, 198.48 FEET TO A POINT ON THE WEST LINE OF THE EAST 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 00 DEGREES 03 MINUTES 41 SECONDS WEST, 39.00 FEET TO THE TRUE POINT OF BEGINNING. For APN/Parcel ID(s): 502-53-005, 502-53-009A, 502-55-002, 502-55-005, 502-55-006J, 502-55-006N, 502-55-006P, 502-55-006Q, 502-55-006S, 502-55-015, 502-55-029H, 502-55-029Q, 502-55-006K, 502- 55-006L, 502-53-002D, 502-53-002B, 502-53-002A, 502-53-006A, 502-52-009G, 502-52-009D, 502-52- 009E, 502-55-006D, 502-53-013, 502-53-008H, 502-55-016A, 502-53-004C THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL No.1: (502-53-005 and 502-55-002) A strip of land forty feet (40 ft.) in width running from East to West along and immediately South of the North line of the Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) of Section Thirty-one (31) and the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) of Section Thirty-two (32), all in Township One (1) North, Range Two (2) West of the Gila and Salt River Base and Meridian in Maricopa County, Arizona. PARCEL No. 2: (502-52-009D, 502-52-009E, 502-52-009G, 502-53-002A, 502-53-002B, 502-53-002D, 502-53-006A, 502-53-009A, 502-55-005, 502-55-006D, 502-55-006J, 502-55-006L, 502-55-006N, 502- 55-006P, 502-55-006Q, 502-55-015, 502-55-029H, and 502-55-029Q) That portion of the South half of Section 29 and a portion of the South half of Section 30 and a portion of Section 31 and a portion of Section 32 and a portion of the Southwest quarter of Section 33, including those portions of Tract Numbers 43 through 49, inclusive; and Tract Number 54, located in said sections, all in Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Northwest corner of said Section 32, which is monumented by a 2-inch Maricopa County aluminum cap, marked LS# 29891, from which the North quarter corner of said Section 32, which is monumented by a 2-inch Maricopa County aluminum cap, marked LS# 29891, bears as a basis of bearings, South 89 degrees 31 minutes 26 seconds East, 2648.10 feet; Thence North 89 degrees 35 minutes 00 seconds West, along the Northerly line of said Section 31, 2413.40 feet to a point on a line which is parallel with, and 55.00 feet Easterly of, the Westerly line of the North half of said Section 31 and the POINT OF BEGINNING; Thence North 00 degrees 13 minutes 27 seconds East, along said parallel line, 0.12 feet to a point on a line which is parallel with, and 55.00 feet Easterly of, the Westerly line of the South half of said Section 30; Thence North 00 degrees 21 minutes 55 seconds East, along said parallel line, 67.91 feet to a point on the Southerly right-of-way line of the Buckeye Irrigation District Canal; Thence along the Southerly right of way line of said Buckeye Irrigation District Canal for the following 4 courses and distances: Thence North 79 degrees 39 minutes 38 seconds East, 607.33 feet; Thence North 79 degrees 02 minutes 08 seconds East, 399.69 feet; Thence North 79 degrees 32 minutes 48 seconds East, 749.93 feet; Thence North 80 degrees 50 minutes 23 seconds East, 596.21 feet; Thence departing said right of way line, South 00 degrees 00 minutes 00 seconds West, 16.00 feet; Thence South 90 degrees 00 minutes 00 seconds East, 100.00 feet to a point on the Easterly line of the South half of said Section 30; Thence North 00 degrees 21 minutes 37 seconds East, 57.50 feet to the Southerly right-of-way line of the Buckeye Irrigation District Canal; Thence along said Southerly right-of-way line of the Buckeye Irrigation District Canal for the following 15 courses and distances: Thence North 65 degrees 47 minutes 04 seconds East, 156.85 feet; Thence North 51 degrees 22 minutes 01 second East, 46.20 feet; Thence South 00 degrees 29 minutes 18 seconds West, 17.52 feet to the beginning of a non-tangent curve, concave Northwesterly, whose radius point bears North 34 degrees 06 minutes 12 seconds West, 890.00 feet; Thence Northeasterly, along said curve to the right, through a central angle of 04 degrees 36 minutes 55 seconds, an arc distance of 71.69 feet to a point of tangency; Thence North 51 degrees 16 minutes 53 seconds East, 508.57 feet to the beginning of a tangent curve, concave Southeasterly, whose radius point bears South 38 degrees 43 minutes 07 seconds East, 2140.00 feet; Thence Northeasterly, along said curve to the right, through a central angle of 11 degrees 10 minutes 13 seconds, an arc distance of 417.21 feet to a point of tangency; Thence North 62 degrees 27 minutes 06 seconds East, 211.91 feet to the beginning of a tangent curve, concave Southerly, whose radius point bears South 27 degrees 32 minutes 54 seconds East, 700.00 feet; Thence Northeasterly and Easterly, along said curve to the right, through a central angle of 57 degrees 17 minutes 45 seconds, an arc distance of 700.00 feet to the beginning of a tangent compound curve, concave Southwesterly, whose radius point bears South 29 degrees 44 minutes 51 seconds West, 935.00 feet; Thence Southerly, along said curve to the right, through a central angle of 14 degrees 13 minutes 43 seconds, an arc distance of 232.19 feet to a point of tangency; Thence South 46 degrees 01 minute 26 seconds East, 436.63 feet to the beginning of a tangent curve, concave Northeasterly, whose radius point bears North 43 degrees 58 minutes 34 seconds East, 755.00 feet; Thence Southeasterly, along said curve to the left, through a central angle of 30 degrees 10 minutes 20 seconds, an arc distance of 397.59 feet to a point of tangency; Thence South 76 degrees 11 minutes 46 seconds East, 503.58 feet to the beginning of a non-tangent curve, concave Northerly, whose radius point bears North 13 degrees 45 minutes 05 seconds East, 800.00 feet; Thence Easterly and Northeasterly, along said curve to the left, through a central angle of 30 degrees 46 minutes 32 seconds, an arc distance of 429.71 feet to a point of tangency; Thence North 72 degrees 58 minutes 33 seconds East, 317.45 feet; Thence North 70 degrees 32 minutes 45 seconds East, 240.02 feet to a point known as Point A for the purposes of this legal description; Thence departing said right of way line, South 00 degrees 04 minutes 45 seconds East, 754.86 feet; Thence South 00 degrees 14 minutes 40 seconds West, 1323.78 feet; Thence South 00 degrees 16 minutes 41 seconds West, 1323.16 feet; Thence South 89 degrees 49 minutes 24 seconds East, 1284.26 feet; Thence South 00 Degrees 07 minutes 39 seconds West, 1320.81 feet; Thence North 89 degrees 48 minutes 57 seconds West, 2604.44 feet; Thence South 00 degrees 05 minutes 18 seconds West, 68.01 feet; Thence North 89 degrees 48 minutes 16 seconds West, 116.00 feet; Thence South 00 degrees 05 minutes 18 seconds West, 670.00 feet; Thence South 89 degrees 48 minutes 16 seconds East, 4.00 feet; Thence South 00 degrees 05 minutes 18 seconds West, 547.00 feet to a point on a line which is parallel with, and 33.00 feet Northerly of, the Southerly line of the Southwest quarter of said Section 32; Thence North 89 degrees 48 minutes 16 seconds West, along said parallel line, 55.03 feet to a point on a line which is parallel with, and 33.00 feet Northerly of, the Southerly line of the Southwest quarter of said Section 32; Thence North 89 degrees 43 minutes 45 seconds West, along said parallel line, 1079.95 feet; Thence North 00 degrees 45 minutes 12 seconds East, 117.00 feet; Thence North 89 degrees 43 minutes 45 seconds West, 80.00 feet; Thence North 00 degrees 45 minutes 12 seconds East, 1166.68 feet; Thence North 89 degrees 38 minutes 17 seconds West, 2635.07 feet; Thence North 00 degrees 54 minutes 12 seconds East, 1331.52 feet; Thence North 89 degrees 24 minutes 38 seconds West, 1310.95 feet to a point on a line which is parallel with, and 40.00 feet Easterly of, the Westerly line of the North half of said Section 31; Thence North 00 degrees 13 minutes 27 seconds East, along said parallel line, 2138.86 feet to a point on a line which is parallel with, and 505.80 feet Southerly of, the Northerly line of said Section 31; Thence South 89 degrees 35 minutes 00 seconds East, along said parallel line, 15.00 feet to a point on a line which is parallel with, and 55.00 feet Easterly of, the Westerly line of the North half of said Section 31; Thence North 00 degrees 13 minutes 27 seconds East, along said parallel line, 505.80 feet to the POINT OF BEGINNING; EXCEPT that portion of Tract No. 45 lying within the South half of Section 32, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the South quarter corner of said Section 32, from whence the Southeast corner of said Tract No. 45 bears South 89°48'16" East a distance of 167.11 feet and from whence the North quarter corner of Section 6, Township 1 South, Range 2 West bears North 89°43'45" West (Basis of Bearings) a distance of 2311.96 feet; Thence North 00°12'50" East along the North-South mid-section line of Section 32 a distance of 33.00 feet to the North line of the South 33.00 feet of Section 32 and the POINT OF BEGINNING; Thence North 89°43'45" West along said South line a distance of 322.86 feet; Thence North 00°05'18" East parallel with the East line of Tract No. 45 a distance of 1217.67 feet; Thence South 89°38'15" East a distance of 373.89 feet to the West line of the East 116.00 feet of Tract No. 45; Thence South 00°05'18" West along said line a distance of 670.00 feet; Thence South 89°48'16" East a distance of 4.00 feet to the West line of the East 112.00 feet of Tract No. 45; Thence South 00°05'18" West along said line a distance of 547.00 feet to the North line of the South 33.00 feet of Section 32; Thence North 89°48'16" West along said North line a distance of 55.03 feet to the POINT OF BEGINNING; and EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 2 WEST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE, UPON THE WEST LINE OF SAID SECTION 29 NORTH 00°21'37" EAST, A DISTANCE OF 598.09 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE BUCKEYE WATER CONSERVATION AND DRAINAGE DISTRICT CANAL ALSO BEING THE NORTH BOUNDARY OF THAT PARCEL DESCRIBED AS PARCEL NO. 1 IN THE SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2011 0771447 OF THE MARICOPA COUNTY RECORDER'S OFFICE; THENCE, UPON THE SOUTHERLY RIGHT OF WAY LINE OF THE BUCKEYE WATER CONSERVATION AND DRAINAGE DISTRICT CANAL ALSO BEING THE NORTH BOUNDARY OF SAID PARCEL FOR THE FOLLOWING COURSES AND DISTANCES: THENCE, NORTH 65°47'04" EAST, A DISTANCE OF 119.25 FEET TO THE POINT OF BEGINNING (POB); THENCE, CONTINUING NORTH 65°47'04" EAST, A DISTANCE OF 37.60 FEET; THENCE, NORTH 51°22'01" EAST, A DISTANCE OF 46.20 FEET; THENCE LEAVING THE NORTH BOUNDARY, SOUTH 00°29'18" WEST, A DISTANCE OF 66.24 FEET; THENCE, NORTH 89°30'42" WEST, A DISTANCE OF 70.00 FEET; THENCE, NORTH 00"29'18" EAST, A DISTANCE OF 21.37 FEET TO THE AFOREMENTIONED NORTH BOUNDARY OF SAID PARCEL AND POINT OF BEGINNING (POB). PARCEL No. 3: (502-55-006K and 502-55-006S) That portion of the South half, including Tract Number 43, of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the aforementioned Point A, as referred to in the above described Parcel No. 2; Thence North 00 degrees 04 minutes 45 seconds West, 109.92 feet to a point on the Northerly right-of-way line of the Buckeye Irrigation District Canal and the POINT OF BEGINNING; Thence along the Northerly right-of-way line of said Buckeye Irrigation District Canal, for the following 7 courses and distances: Thence South 70 degrees 37 minutes 15 seconds West, 272.49 feet; Thence South 72 degrees 18 minutes 31 seconds West, 310.59 feet to the beginning of a tangent curve, concave Northerly, whose radius point bears North 17 degrees 41 minutes 29 seconds West, 675.00 feet; Thence Southwesterly, Westerly and Northwesterly, along said curve to the right, through a central angle of 31 degrees 43 minutes 48 seconds, an arc distance of 373.81 feet to a point of tangency; Thence North 75 degrees 57 minutes 41 seconds West, 526.38 feet to the beginning of a tangent curve, concave Northeasterly, whose radius point bears North 14 degrees 02 minutes 19 seconds East, 620.00 feet; Thence Northwesterly, along said curve to the right, through a central angle of 29 degrees 50 minutes 33 seconds, an arc distance of 322.93 feet to a point of tangency; Thence North 46 degrees 07 minutes 08 seconds West, 482.82 feet to the beginning of a tangent curve, concave Southwesterly, whose radius point bears South 43 degrees 52 minutes 52 seconds West, 968.00 feet; Thence Northwesterly, along said curve to the left, through a central angle of 05 degrees 40 minutes 16 seconds, an arc distance of 95.81 feet to a point of tangency; Thence departing said right-of-way line, South 89 degrees 42 minutes 21 seconds East, 2131.45 feet; Thence South 00 degrees 04 minutes 45 seconds East, 472.34 feet to the POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 2 WEST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE, UPON THE SOUTH LINE OF SAID SECTION 29 NORTH 89°28'51" WEST, A DISTANCE OF 1160.21 FEET; THENCE, NORTH 00°04'45" EAST, A DISTANCE OF 864.78 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL NO. 2 IN THE SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2011-0771447 OF THE MARICOPA COUNTY RECORDER'S OFFICE; THENCE, UPON THE SOUTH BOUNDARY OF SAID PARCEL FOR THE FOLLOWING COURSES AND DISTANCES: SOUTH 70°18'15" WEST, A DISTANCE OF 272.49 FEET; THENCE, SOUTH 72°18'31" WEST, A DISTANCE OF 310.59 FEET TO A TANGENT CURVE TO THE RIGHT; THENCE, UPON SAID TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 675.00 FEET AND A CENTRAL ANGLE OF 31°43'48", AN ARC DISTANCE OF 373.81 FEET; THENCE, NORTH 75°57'41" WEST, A DISTANCE OF 516.38 FEET TO THE POINT OF BEGINNING (POB); THENCE, CONTINUING NORTH 75°57'41" WEST, A DISTANCE OF 10.00 FEET TO A TANGENT CURVE TO THE RIGHT; THENCE UPON SAID TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 14°02'19", AN ARC DISTANCE OF 182.75 FEET; THENCE, LEAVING AFOREMENTIONED SOUTH PARCEL BOUNDARY NORTH 30°50'57" EAST, A DISTANCE OF 33.00 FEET; THENCE, SOUTH 68°36'00" EAST, A DISTANCE OF 182.07 FEET; THENCE, SOUTH 14°02'19" WEST, A DISTANCE OF 35.00 FEET TO THE AFOREMENTIONED SOUTH PARCEL BOUNDARY AND POINT OF BEGINNING (POB). PARCEL No. 4: (502-53-013) THAT CERTAIN PARCEL OF LAND BEGINNING AT A POINT 606 FEET NORTH FROM THE SOUTHEAST CORNER OF SECTION THIRTY (30), TOWNSHIP ONE NORTH (1N), RANGE TWO WEST (2W), GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY, ARIZONA; THENCE WEST ONE HUNDRED (100) FEET; THENCE NORTH SIXTEEN (16) FEET TO THE BUCKEYE CANAL RIGHT-OF-WAY; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID RIGHT-OF-WAY FOR APPROXIMATELY ONE HUNDRED NINETEEN (119) FEET TO WHERE THE EAST LINE OF SAID SECTION THIRTY (30) CROSSES THE SAID RIGHT-OF-WAY; THENCE SOUTH FORTY ONE (41) FEET ALONG SAID EAST LINE OF SAID SECTION THIRTY (30) TO THE PLACE OF BEGINNING. PARCEL NO. 5: (502-55-016A) That part of Tract 47, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: BEGINNING at the Southeast corner of said Tract 47, which corner is North 87 degrees 09 minutes East, a distance of 241 links from the East quarter corner of Section 32, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; Thence West along the South line of Tract 47 to the point of intersection of the South line of said Tract 47 with the Southerly prolongation of a line between Nos. 3 and 4 of Tract 47, which corners are identical with Corner Nos. 8 and 7 of Tract 44, Section 32, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; Thence North along said prolongated line to Corner No. 4, Tract 47, which corner is 20.05 chains South of Corner No. 3 of said Tract 47; Thence East along the Easterly prolongation of a line between Corner No. 5 of said Tract 47 and Corner No. 4 of said Tract 47, to the East line of Tract 47; Thence South along said East line of Tract 47 to the POINT Of BEGINNING. PARCEL NO. 6: (502-53-008H) That part of Tract No, 46, in Township 1 North Range 2 West of the Gila and Salt River Base and Meridian, described as follows: BEGINNING at the Southwest (No. 5) corner of Tract No. 46 of Sections 31 and 32, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian; THENCE North 0 degrees 10 minutes East along the West line of Tract No. 46, a distance of 1315.38 feet to the Northwest (No. 4) corner of Tract No. 46; THENCE South 89 degrees 52 minutes East along the North line of Tract No. 46, a distance of 1317.95 feet to the Corner No, 3 of Tract No. 46; THENCE North 89 degrees 51 minutes East along the North line of Tract No. 46 a distance of 1310.05 feet to the Northeast (No. 2) corner of Tract No. 46; THENCE South 0 degrees 12 minutes West along the East line of Tract No. 46, a distance of 1084.20 feet to a point from whence the Southeast (No. 1) corner of Tract No. 46 bears South 0 degrees 12 minutes West 235.0 feet; THENCE South 89 degrees 56 minutes West, parallel to the South line of Tract No. 46, a distance of 82.50 feet; THENCE South 0 degrees 12 minutes West parallel to the East line of Tract No. 46, a distance of 55.08 feet; THENCE North 89 degrees 15 minutes West 244.62 feet; THENCE South 74 degrees 51 minutes West 47.7 feet; THENCE South 1 degree 54 minutes West 20.5 feet; THENCE South 89 degrees 56 minutes West, parallel to the South line of Tract No. 46, a distance of 150.0 feet; THENCE South 1 degree 54 minutes West 150.0 feet to a point on the South line of Tract No. 46, from whence the Southeast (No. 1) corner of Tract No. 46 bears North 89 degrees 56 minutes East 528.15 feet; THENCE South 89 degrees 56 minutes West along the South line of Tract No. 46 a distance of 637.45 feet to the North quarter corner of Section 6 of the township to the South; THENCE North 89 degrees 47 minutes West along the South line of Tract No. 46, a distance of 159.40 feet; THENCE North 89 degrees 47 1/2 minutes West 163.15 feet to the new Southeast comer of Section 31, Southwest corner of Section 32; THENCE North 89 degrees 47 1/2 minutes West along the South line of Tract No. 46 a distance of 1138.95 feet to the POINT OF BEGINNING; EXCEPT a strip of land 40 feet in width, running from East to West and immediately South of the North line of the property herein described, as granted to Buckeye Irrigation Company, a corporation, by instrument recorded in Book 294 of Deeds, Page 356, records of Maricopa County, Arizona; EXCEPTING therefrom the following land: THAT PART of Tract No. 46, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, described as follows: BEGINNING at a point which is North 0 degrees 12 minutes East 179.92 feet from a point on the South line of Tract No. 46, which bears South 89 degrees 56 minutes West a distance of 126.5 feet from the Southeast corner of Tract No. 46; THENCE South 89 Degrees 15 minutes East a distance of 44 feet to a point 82.5 feet West of the East line of Tract No. 46; THENCE North 0 degrees 12 minutes East parallel to the East line of Tract No. 46, a distance of 55 feet; THENCE Westerly to a point which is North 1 degree 54 minutes East a distance of 233.5 feet from a point on the South line of Tract No. 46 from which the Southeast comer of Tract No. 46 bears North 89 degrees 15 minutes East a distance of 378.15 feet; THENCE South 1 degree 54 minutes West a distance of 63 feet; THENCE North 74 degrees 51 minutes East a distance of 47.7 feet; THENCE South 89 degrees 15 minutes East 200.62 feet to the point of beginning PARCEL NO. 7: (502-53-004C) That portion of Lots 3 and 4 and the East half of the Southeast quarter of Section 30, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Southwest corner of said Section 30; Thence North 00° 21' 50" East (Basis of Bearings) along the West line of said Section 30 a distance of 184.83 feet to the POINT OF BEGINNING; Thence continuing North 00° 21' 50" East along said West line a distance of 970.04 feet to the South right- of-way line of the Union Pacific Railroad, and the beginning of a non-tangent curve, whose radius bears South 13° 43' 13" East a distance of 5655.00 feet; Thence easterly along said curve and said right-of-way line through a central angle of 05° 49' 24" a distance of 574.76 feet to a non-tangent line; Thence continuing along said right-of-way line North 82° 07' 05" East a distance of 778.85 feet to the West line of that certain parcel described in Document No. 2012-0235737, Official Records; Thence South 00° 22' 12" West along said West line and the West line of those certain parcels described in Document No. 2001-0793864 and Document No. 2009-0530567, Official Records, a distance of 935.54 feet to the North line of that parcel of land conveyed to US Life Title Company of Arizona, an Arizona corporation, as Trustee under Trust No. 530, designated as Parcel No. 2, in instrument recorded July 29, 1977 in Docket 12342, page 138 and re-recorded July 20, 1978, in Docket 13038, page 1447 and corrected by instrument recorded July 23, 1979 in Docket 13782, page 694, Official Records; Thence westerly along said North line for the next three (3) courses: Thence South 79° 32' 12" West a distance of 320.28 feet; Thence South 79° 01' 32" West a distance of 399.60 feet; Thence South 79° 39' 02" West a distance of 639.03 feet to the POINT OF BEGINNING; EXCEPT the East 15.00 feet of the West 55.00 feet as conveyed to Maricopa County in Deed recorded in Document No. 97-0461433 and re-recorded at Document No. 98-0828906, Official Records. For APN/Parcel ID(s): 504-44-041A, 504-44-028A, 504-44-033A, 504-44-033B and 504-44-025E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL No. 1A: (504-44-028A) The North half of the Southeast quarter of the Northwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1B: The South half of the Southwest quarter of the Northeast quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1C: The South half of the North half of the Southwest quarter of the Northeast quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. Parcel No. 1D: That part of the Northeast quarter of the Northwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying South of the right-of-way of the Buckeye Canal. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1E: The Northwest quarter of the Southeast quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1F: The South half of the Southeast quarter of the Northwest quarter; and the Southwest quarter of the Northwest quarter; and that part of the South half of the South half of the Northwest quarter of the Northwest quarter lying South of the Buckeye Canal, all in Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. PARCEL No. 1G: The Northwest quarter of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT the East half of the East half; and EXCEPT the West 33 feet. PARCEL No. 1H: The Northeast quarter of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. PARCEL No. 1J: The East one-half of the East one-half of the Northwest quarter of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona PARCEL No. 2: (504-44-033B) The East half of the South half of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT an undivided 1/16th of all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, coal, metals, minerals, fossils, fertilizer of every name and description, together with all uranium, thorium, or any other material which is, or may be determined to be, peculiarly essential to the production of fissionable materials, whether or not of commercial value, pursuant to Section 37-231 of Arizona Revised Statutes, as reserved in the Patent to said land by the State of Arizona. PARCEL No. 3: (504-44-033A) The West half of the South half of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT an undivided 1/16th of all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, coal, metals, minerals, fossils, fertilizer of every name and description, together with all uranium, thorium, or any other material which is, or may be determined to be, peculiarly essential to the production of fissionable materials, whether or not of commercial value, pursuant to Section 37-231 of Arizona Revised Statutes, as reserved in the Patent to said land by the State of Arizona. PARCEL No. 4: (504-44-041A) That Portion Of The North Half Of The South Half Of The Northwest Quarter Of The Northwest Quarter Of Section 36, Township 1 North, Range 3 West, Gila And Salt River Meridian, Maricopa County, Arizona, Lying South Of The Following Described Line: Commencing At The Northwest Corner Of Said Section 36; Thence, Upon The West Line Of Said Section 36 South 00°09'14" East, A Distance Of 999.92 Feet To The South Line Of The North Half Of The South Half Of The Northwest Quarter Of The Northwest Quarter Of Said Section 36; Thence, Upon Said South Line South 89°08'27" East, A Distance Of 266.09 Feet To The West Corner Of That Parcel Described In Document No. 1971-0238146 Of The Maricopa County Recorder's Office And The Point Of Beginning (Pob); Thence, Leaving Said South Line North 83°03'23" East, A Distance Of 359.14; Thence, North 84°35'00" East, A Distance Of 701,19 Feet To The East Line Of The Northwest Quarter Of The Northwest Quarter Of Aforementioned Section 36 And The Point Of Terminus (Pot). Parcel 5: (504-44-025E) A portion of the Northeast quarter of Section 36, Township 1 North, Range 3 West, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the Maricopa County Department of Transportation brass cap in handhole marking the Northeast corner of said Section 36, from which an aluminum cap stamped 29891 marking the North quarter corner of said Section 36 bears North 89 degrees 16 minutes 47 seconds West 2641.69 feet, said line is the North line of the Northeast quarter of said Section 36 and is the basis of bearings in this description; THENCE South 00 degrees 00 minutes 22 seconds East, 2646.54 feet to a railroad spike marking the East quarter corner of said Section 36; THENCE North 89 degrees 30 minutes 00 seconds West, 40.00 feet along the South line of the said Northeast quarter of Section 36 to the TRUE POINT OF BEGINNING; THENCE continuing North 89 degrees 30 minutes 00 seconds West, 1280.01 feet along said South line to the Southwest corner of the Southeast quarter of the Northeast quarter of said Section 36; THENCE North 00 degrees 01 minutes 22 seconds West, 994.36 feet to the Southeast corner of the North half of the North half of the Southwest quarter of the Northeast quarter of said Section 36; THENCE North 89 degrees 25 minutes 02 seconds West, 1320.32 feet to the Southwest corner of said North half; THENCE North 00 degrees 02 minutes 23 seconds West, 1135.78 feet along the West line of the Northeast quarter of said Section 36 to the South right-of-way line of the Buckeye Canal; THENCE along said South right-of-way line the following four courses and distances: THENCE North 71 degrees 23 minutes 50 seconds East, 152.00 feet; THENCE North 73 degrees 54 minutes 25 seconds East, 100.01 feet; THENCE North 74 degrees 55 minutes 37 seconds East, 87.83 feet; THENCE North 78 degrees 21 minutes 57 seconds East, 1070.58 feet; THENCE South 00 degrees 01 minutes 22 seconds East, 1124.26 feet; THENCE South 88 degrees 47 minutes 17 seconds East, 1227.54 feet to a line 40.00 feet West of and parallel with the East line of the said Northeast quarter of Section 36; THENCE South 00 degrees 00 minutes 22 seconds East, 1319.47 feet along said parallel line to the TRUE POINT OF BEGINNING; EXCEPT all minerals, ores and metals of every kind, and character, and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances in or under said land as reserved unto the State of Arizona in Patent recorded in Book 152 of Deeds, page 44, records of Maricopa County, Arizona. For APN/Parcel ID(s): 502-52-007A, 502-52-010Q, 502-52-011C, 502-53-001, 502-53-003A, 502-53- 015, 502-52-972, 502-53-014, 502-52-012 and 502-52-010T THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: Parcel No. 1: Lots 1 and 2 and the East half of the Northeast quarter of Section 30, Township 1 North, Range 2 West, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Parcel No. 2: That portion of Lot 3 and the East half of the Southeast quarter of Section 30, Township 1 North, Range 2 West, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying North of the North right-of-way line of the Arizona Eastern Railroad Company, now the Southern Pacific Railroad Company. Parcel No. 3: A parcel of land situate in a portion of the West half of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the West quarter corner of said Section 29, monumented by a 1 inch iron pipe with nail, from which the Southwest corner of said Section 29, monumented by a 1/2 inch rebar bears as a basis of bearings South 00 degrees 03 minutes 00 seconds West, a distance of 2639.60 feet; Thence South 89 degrees 56 minutes 08 seconds East, along the East-West midsection line, a distance of 350.00 feet to the True Point of Beginning; Thence North 00 degrees 02 minutes 10 seconds East, along a line parallel with and 350.00 feet Easterly of the Westerly line of the Northwest quarter of said Section 29, a distance of 107.32 feet; Thence South 89 degrees 56 minutes 08 seconds East, along a line parallel with and 107.32 feet Northerly of the East-West mid-section line of said Section 29, a distance of 620.00 feet; Thence South 00 degrees 02 minutes 10 seconds West, along a line parallel with and 970.00 feet Easterly of the Westerly line of the Northwest quarter of said Section 29, a distance of 107.32 feet to a point lying on the East-West mid-section line of said Section 29; Thence South 00 degrees 03 minutes 00 seconds West, along a line parallel with and 970.00 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 550.25 feet; Thence South 81 degrees 48 minutes 14 seconds West, along a line parallel with and 250.00 feet Northerly of the Northerly right of way line of the Arizona Eastern Railroad as shown in Book 108 of Deeds, page 530, Maricopa County Records, a distance of 626.48 feet; Thence North 00 degrees 03 minutes 00 seconds East, along a line parallel with and 350.00 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 640.26 feet to the True Point of Beginning. Parcel No. 4: The West 1320.00 feet of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying North of the North right of way line of the Arizona Eastern Railroad (now Southern Pacific Railroad) more particularly described as follows: Beginning at the Northwest corner of said Section 29; Thence South 89 degrees 58 minutes 37 seconds East along the North line of the Northwest quarter of said Section 29, a distance of 1320.00 feet; Thence South 00 degrees 02 minutes 10 seconds West parallel with the West line of the Northwest quarter of said Section 29, a distance of 2641 .09 feet; Thence South 00 degrees 03 minutes 00 seconds West parallel with the West line of the Southwest quarter of said Section 29, a distance of 751.16 feet to the North right of way line of said Arizona Eastern Railroad, said right of way having a half width of 50.00 feet; Thence South 81 degrees 48 minutes 14 seconds West along said North right of way line, a distance of 1333.79 feet to the West line of the Southwest quarter of said Section 29, from whence the Southwest corner of said Section 29 bears South 00 degrees 03 minutes 00 seconds West a distance of 1695.91 feet; Thence North 00 degrees 03 minutes 00 seconds East along said West line, a distance of 943.69 feet to the West quarter corner of said Section 29; Thence North 00 degrees 02 minutes 10 seconds East along the West line of the Northwest quarter of said Section 29, a distance of 2639.23 feet to the Point of Beginning; EXCEPT the following described parcels: Exception No. 1: A parcel of land situate in a portion of the West half of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the West quarter corner of said Section 29, monumented by a 1 inch iron pipe with nail, from which the Southwest corner of said Section 29, monumented by a 1/2 inch rebar bears as a basis of bearings South 00 degrees 03 minutes 00 seconds West, a distance of 2639.60 feet; Thence South 89 degrees 56 minutes 08 seconds East, along the East-West midsection line, a distance of 350.00 feet to the True Point of Beginning; Thence North 00 degrees 02 minutes 10 seconds East, along a line parallel with and 350.00 feet Easterly of the Westerly line of the Northwest quarter of said Section 29, a distance of 107.32 feet; Thence South 89 degrees 56 minutes 08 seconds East, along a line parallel with and 107.32 feet Northerly of the East-West mid-section line of said Section 29, a distance of 620.00 feet; Thence South 00 degrees 02 minutes 10 seconds West, along a line parallel with and 970.00 feet Easterly of the Westerly line of the Northwest quarter of said Section 29, a distance of 107.32 feet to a point lying on the East-West mid-section line of said Section 29; Thence South 00 degrees 03 minutes 00 seconds West, along a line parallel with and 970.00 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 550.25 feet; Thence South 81 degrees 48 minutes 14 seconds West, along a line parallel with and 250.00 feet Northerly of the Northerly right of way line of the Arizona Eastern Railroad as shown in Book 108 of Deeds, page 530, Maricopa County Records, a distance of 626.48 feet; Thence North 00 degrees 03 minutes 00 seconds East, along a line parallel with and 350.00 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 640.26 feet to the True Point of Beginning; and Exception No. 2: A parcel of land situate in a portion of the Southwest quarter of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the West quarter corner of said Section 29, monumented by a 1 inch iron pipe with nail, from which the Southwest corner of said Section 29, monumented by 1/2 inch rebar bears as a basis of bearings South 00 degrees 03 minutes 00 seconds West, a distance of 2639.60 feet; Thence South 89 degrees 56 minutes 08 seconds East, along the Northerly line of the Southwest quarter of said Section 29, a distance of 1274.71 feet; Thence South 00 degrees 03 minutes 52 seconds West, a distance of 299.30 feet to the True Point of Beginning; Thence South 89 degrees 56 minutes 08 seconds East, along a line parallel with and 299.30 feet Southerly of the Northerly line of the Southwest quarter of said Section 29, a distance of 100.00 feet; Thence South 00 degrees 03 minutes 00 seconds West, along a line parallel with and 1374.71 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 100.00 feet; Thence North 89 degrees 56 minutes 08 seconds West, along a line parallel with and 399.30 feet Southerly of the Northerly line of the Southwest quarter of said Section 29, distance of 100.00 feet; Thence North 00 degrees 03 minutes 00 seconds East, along a line parallel with and 1274.71 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 100.00 feet to the True Point of Beginning. Parcel No. 5: A portion of the Southwest quarter of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the West quarter corner of said Section 29, monumented by a 1 inch iron pipe with nail, from which the Southwest corner of said Section 29, monumented by 1/2 inch rebar bears as a basis of bearings South 00 degrees 03 minutes 00 seconds West, a distance of 2639.60 feet; Thence South 89 degrees 56 minutes 08 seconds East, along the Northerly line of the Southwest quarter of said Section 29, a distance of 1274.71 feet; Thence South 00 degrees 03 minutes 52 seconds West, a distance of 299.30 feet to the POINT OF BEGINNING; Thence South 89 degrees 56 minutes 08 seconds East, along a line parallel with and 299.30 feet Southerly of the Northerly line of the Southwest quarter of said Section 29, a distance of 45.29 feet to the East line of the West 1320.00 feet of the Southwest quarter of Section 29; Thence South 00 degrees 03 minutes 00 seconds West along said East line a distance of 100.00 feet; Thence North 89 degrees 56 minutes 08 seconds West, along a line parallel with and 399.30 feet Southerly of the Northerly line of the Southwest quarter of said Section 29, distance of 45.29 feet; Thence North 00 degrees 03 minutes 00 seconds East, along a line parallel with and 1274.71 feet Easterly of the Westerly line of the Southwest quarter of said Section 29, a distance of 100.00 feet to the POINT OF BEGINNING. EXHIBIT B Depiction of the Land EXHIBIT C Legal Description of the Annexation Land Legal Description – Annexation For APN/Parcel ID(s): 504-44-001, 504-44-002D, 504-44-002E, 504-44-002F, 504-44-003A, 504-44- 034A and 504-44-004: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF SECTION 25 AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 79.60 FEET; THENCE LEAVING SAID LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, PARALLEL TO, AND 40.00 FEET WESTERLY OF, MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 2573.19 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 00 DEGREES 03 MINUTES 41 SECONDS WEST, 1289.86 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE, ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 75 DEGREES 40 MINUTES 40 SECONDS WEST, 85.77 FEET; THENCE SOUTH 74 DEGREES 44 MINUTES 02 SECONDS WEST, 105.13 FEET; THENCE SOUTH 74 DEGREES 22 MINUTES 51 SECONDS WEST, 101.17 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES 11 SECONDS WEST, 99.97 FEET; THENCE SOUTH 74 DEGREES 16 MINUTES 57 SECONDS WEST, 4412.17 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, SOUTH 74 DEGREES 16 MINUTES 57 SECONDS WEST, 608.57 FEET TO A POINT ON THE EAST LINE OF THE WEST 33.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE ALONG SAID LINE, NORTH 00 DEGREES 09 MINUTES 00 SECONDS WEST, 171.92 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE CONTINUING ALONG SAID LINE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 5259.69 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 89 DEGREES 21 MINUTES 31 SECONDS EAST, 2630.61 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE CONTINUING ALONG SAID LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 2295.47 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, 7.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 40.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 250.01 FEET; THENCE LEAVING SAID LINE, SOUTH 44 DEGREES 39 MINUTES 01 SECOND EAST, 56.85 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND REBAR ACCEPTED AS THE NORTHEAST CORNER OF SAID SECTION 25, FROM WHICH A FOUND REBAR ACCEPTED AS THE EAST QUARTER CORNER THEREOF BEARS SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, 2652.79 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 43 SECONDS WEST, 79.60 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID EAST LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 2573.19 FEET ALONG A LINE WHICH IS 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, NORTH 89 DEGREES 16 MINUTES 53 SECONDS WEST, A DISTANCE OF 2593.52 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID SOUTH LINE, NORTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, 2616.56 FEET ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID WEST LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 2295.24 FEET ALONG A LINE WHICH IS 33.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 250.01 FEET ALONG A LINE WHICH IS 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 44 DEGREES 39 MINUTES 01 SECONDS EAST, 56.85 FEET TO THE POINT OF BEGINNING. EXCEPT FROM THAT PORTION LYING WITHIN SECTION 36, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, HELIUM OR OTHER SUBSTANCES OF A GASEOUS NATURE, COAL, METALS, MINERALS, FOSSILS, FERTILIZER OF EVERY NAME AND DESCRIPTION AND ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED BY THE LAWS OF THE UNITED STATES, OR OF THE STATE OF ARIZONA, OR THE DECISIONS OF COURT TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED TO THE STATE OF ARIZONA IN THE PATENT TO SAID LAND RECORDED NOVEMBER 7, 1979 IN DOCKET 14015, PAGE 304, MARICOPA COUNTY ARIZONA. PARCEL NO. 2: THAT PART OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND REBAR ACCEPTED AS THE NORTHEAST CORNER OF SAID SECTION 25, FROM WHICH A FOUND REBAR ACCEPTED AS THE EAST QUARTER CORNER THEREOF BEARS SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, 2652.79 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 43 SECONDS WEST, 79.60 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID EAST LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 2573.19 FEET ALONG A LINE WHICH IS 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, NORTH 89 DEGREES 16 MINUTES 53 SECONDS WEST, A DISTANCE OF 2593.52 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID SOUTH LINE, NORTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, 2616.56 FEET ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID WEST LINE, SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 2295.24 FEET ALONG A LINE WHICH IS 33.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 00 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 36 SECONDS EAST, 250.01 FEET ALONG A LINE WHICH IS 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE LEAVING SAID PARALLEL LINE, SOUTH 44 DEGREES 39 MINUTES 01 SECONDS EAST, 56.85 FEET TO THE POINT OF BEGINNING. For APN/Parcel ID(s): 504-44-002B, 504-44-003B, 504-44-027B, 504-44-039B, 504-44-039C and 504- 44-062: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 36, WHICH IS THE TRUE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE SOUTH 0 DEGREES 11 MINUTES 41 SECONDS WEST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 396.94 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ANPP PIPELINE PROPERTY; THENCE NORTH 71 DEGREES 38 MINUTES 30 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 184.06 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 28 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 103.59 FEET; THENCE NORTH 78 DEGREES 07 MINUTES 28 SECONDS EAST ALONG SAID RIGHT- OF- WAY LINE, A DISTANCE OF 351.98 FEET; THENCE NORTH 78 DEGREES 37 MINUTES 33 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 650.01 FEET; THENCE NORTH 79 DEGREES 39 MINUTES 02 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 466.22 FEET TO A POINT ON THE NORTH LINE OF SECTION 36, (FROM WHICH THE NORTHEAST CORNER OF SECTION 36 BEARS SOUTH 89 DEGREES 03 MINUTES 31 SECONDS EAST, A DISTANCE OF 927.57 FEET); THENCE NORTH 89 DEGREES 03 MINUTES 31 SECONDS WEST ALONG THE SAID NORTH LINE OF SECTION 36, A DISTANCE OF 1714.05 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL NO. 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF THE BUCKEYE CANAL WHERE THE NORTH AND SOUTH CENTER LINE OF SAID SECTION INTERSECTS THE SAME AND RUNNING; THENCE NORTH 495 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SECTION; THENCE, WEST 1320 FEET; THENCE, SOUTH 825 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID CANAL; THENCE, EASTERLY ALONG SAID RIGHT OF WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. EXCEPT THAT PART LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 36; THENCE, SOUTH 0 DEGREES 11 MINUTES 41 SECONDS WEST, A DISTANCE OF 396.94 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE DESCRIBED HEREIN; THENCE, SOUTH 71 DEGREES 38 MINUTES 29 SECONDS WEST, A DISTANCE OF 465.66 FEET; THENCE, SOUTH 77 DEGREES 44 MINUTES 03 SECONDS WEST, A DISTANCE OF 187.12 FEET; THENCE, SOUTH 82 DEGREES 37 MINUTES 56 SECONDS WEST, A DISTANCE OF 598.80 FEET; THENCE, SOUTH 89 DEGREES 11 MINUTES 21 SECONDS WEST, A DISTANCE OF 104.03 FEET, TO A POINT, FROM WHICH POINT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36 BEARS NORTH 0 DEGREES 10 MINUTES 41 SECONDS EAST, A DISTANCE OF 697.78 FEET. EXCEPT ALL MINERALS, ORES AND METALS OF EVERY KIND AND CHARACTER, AND ALL COAL, ASPHALTUM, OIL, GASES, FERTILIZERS, FOSSILS AND OTHER LIKE SUBSTANCES IN OR UNDER SAID LAND AS RESERVED IN THE PATENT FROM THE STATE OF ARIZONA RECORDED IN BOOK 167 OF DEEDS, PAGE 222. PARCEL NO. 3: Intentionally Omitted PARCEL NO. 4: THAT PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 00 DEGREES 03 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, 184.81 FEET; THENCE SOUTH 79 DEGREES 20 MINUTES 53 SECONDS WEST, 40.71 FEET TO A POINT ON THE WEST LINE OF THE EAST 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 25 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, SOUTH 79 DEGREES 20 MINUTES 53 SECONDS WEST, 902.61 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE, ALONG SAID LINE NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST A DISTANCE OF 1714.80 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25, NORTH 89 DEGREES 21 MINUTES 03 SECONDS WEST, 1312.77 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE ALONG SAID LINE, NORTH 74 DEGREES 16 MINUTES 57 SECONDS EAST, 3731.07 FEET; THENCE NORTH 74 DEGREES 20 MINUTES 11 SECONDS EAST, 99.80 FEET; THENCE NORTH 74 DEGREES 22 MINUTES 51 SECONDS EAST, 100.48 FEET; THENCE NORTH 74 DEGREES 44 MINUTES 02 SECONDS EAST, 102.86 FEET; THENCE NORTH 75 DEGREES 40 MINUTES 40 SECONDS EAST, 32.83 FEET TO A POINT ON THE WEST LINE OF THE EAST 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 00 DEGREES 03 MINUTES 41 SECONDS WEST, 967.29 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT PORTION CONVEYED TO MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA IN FINAL ORDER OF CONDEMNATION RECORDED SEPTEMBER 8, 1999 IN RECORDING NO. 1999-0841981, DESCRIBED AS FOLLOWS: THE WEST 15.00 FEET OF THE EAST 55.00 FEET OF THAT PROPERTY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD AND NORTH OF THAT CERTAIN LINE DESRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 25; THENCE NORTH 00 DEGREES 21 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 131.02 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE BUCKEYE CANAL AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 21 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 53.79; THENCE SOUTH 79 DEGREES 39 MINTUES 02 SECONDS WEST, 943.91 FEET TO THE POINT OF TERMINUS ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 25. PARCEL NO. 5: Intentionally Omitted PARCEL NO. 6: THAT PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, NORTH 89 DEGREES 21 MINUTES 16 SECONDS WEST, 195.01 FEET TO A POINT ON THE SOUTH LINE OF THE BUCKEYE CANAL; THENCE ALONG SAID LINE, NORTH 79 DEGREES 18 MINUTES 49 SECONDS EAST, 198.48 FEET TO A POINT ON THE WEST LINE OF THE EAST 40.00 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID LINE, SOUTH 00 DEGREES 03 MINUTES 41 SECONDS WEST, 39.00 FEET TO THE TRUE POINT OF BEGINNING. For APN/Parcel ID(s): 502-53-005, 502-53-009A, 502-55-002, 502-55-005, 502-55-006J, 502-55-006N, 502-55-006P, 502-55-006Q, 502-55-006S, 502-55-015, 502-55-029H, 502-55-029Q, 502-55-006K, 502- 55-006L, 502-53-002D, 502-53-002B, 502-53-002A, 502-53-006A, 502-52-009G, 502-52-009D, 502-52- 009E, 502-55-006D, 502-53-013, 502-53-008H, 502-53-004C THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL No.1: (502-53-005 and 502-55-002) A strip of land forty feet (40 ft.) in width running from East to West along and immediately South of the North line of the Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) of Section Thirty-one (31) and the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) of Section Thirty-two (32), all in Township One (1) North, Range Two (2) West of the Gila and Salt River Base and Meridian in Maricopa County, Arizona. PARCEL No. 2: (502-52-009D, 502-52-009E, 502-52-009G, 502-53-002A, 502-53-002B, 502-53-002D, 502-53-006A, 502-53-009A, 502-55-005, 502-55-006D, 502-55-006J, 502-55-006L, 502-55-006N, 502- 55-006P, 502-55-006Q, 502-55-015, 502-55-029H, and 502-55-029Q) That portion of the South half of Section 29 and a portion of the South half of Section 30 and a portion of Section 31 and a portion of Section 32 and a portion of the Southwest quarter of Section 33, including those portions of Tract Numbers 43 through 49, inclusive; and Tract Number 54, located in said sections, all in Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Northwest corner of said Section 32, which is monumented by a 2-inch Maricopa County aluminum cap, marked LS# 29891, from which the North quarter corner of said Section 32, which is monumented by a 2-inch Maricopa County aluminum cap, marked LS# 29891, bears as a basis of bearings, South 89 degrees 31 minutes 26 seconds East, 2648.10 feet; Thence North 89 degrees 35 minutes 00 seconds West, along the Northerly line of said Section 31, 2413.40 feet to a point on a line which is parallel with, and 55.00 feet Easterly of, the Westerly line of the North half of said Section 31 and the POINT OF BEGINNING; Thence North 00 degrees 13 minutes 27 seconds East, along said parallel line, 0.12 feet to a point on a line which is parallel with, and 55.00 feet Easterly of, the Westerly line of the South half of said Section 30; Thence North 00 degrees 21 minutes 55 seconds East, along said parallel line, 67.91 feet to a point on the Southerly right-of-way line of the Buckeye Irrigation District Canal; Thence along the Southerly right of way line of said Buckeye Irrigation District Canal for the following 4 courses and distances: Thence North 79 degrees 39 minutes 38 seconds East, 607.33 feet; Thence North 79 degrees 02 minutes 08 seconds East, 399.69 feet; Thence North 79 degrees 32 minutes 48 seconds East, 749.93 feet; Thence North 80 degrees 50 minutes 23 seconds East, 596.21 feet; Thence departing said right of way line, South 00 degrees 00 minutes 00 seconds West, 16.00 feet; Thence South 90 degrees 00 minutes 00 seconds East, 100.00 feet to a point on the Easterly line of the South half of said Section 30; Thence North 00 degrees 21 minutes 37 seconds East, 57.50 feet to the Southerly right-of-way line of the Buckeye Irrigation District Canal; Thence along said Southerly right-of-way line of the Buckeye Irrigation District Canal for the following 15 courses and distances: Thence North 65 degrees 47 minutes 04 seconds East, 156.85 feet; Thence North 51 degrees 22 minutes 01 second East, 46.20 feet; Thence South 00 degrees 29 minutes 18 seconds West, 17.52 feet to the beginning of a non-tangent curve, concave Northwesterly, whose radius point bears North 34 degrees 06 minutes 12 seconds West, 890.00 feet; Thence Northeasterly, along said curve to the right, through a central angle of 04 degrees 36 minutes 55 seconds, an arc distance of 71.69 feet to a point of tangency; Thence North 51 degrees 16 minutes 53 seconds East, 508.57 feet to the beginning of a tangent curve, concave Southeasterly, whose radius point bears South 38 degrees 43 minutes 07 seconds East, 2140.00 feet; Thence Northeasterly, along said curve to the right, through a central angle of 11 degrees 10 minutes 13 seconds, an arc distance of 417.21 feet to a point of tangency; Thence North 62 degrees 27 minutes 06 seconds East, 211.91 feet to the beginning of a tangent curve, concave Southerly, whose radius point bears South 27 degrees 32 minutes 54 seconds East, 700.00 feet; Thence Northeasterly and Easterly, along said curve to the right, through a central angle of 57 degrees 17 minutes 45 seconds, an arc distance of 700.00 feet to the beginning of a tangent compound curve, concave Southwesterly, whose radius point bears South 29 degrees 44 minutes 51 seconds West, 935.00 feet; Thence Southerly, along said curve to the right, through a central angle of 14 degrees 13 minutes 43 seconds, an arc distance of 232.19 feet to a point of tangency; Thence South 46 degrees 01 minute 26 seconds East, 436.63 feet to the beginning of a tangent curve, concave Northeasterly, whose radius point bears North 43 degrees 58 minutes 34 seconds East, 755.00 feet; Thence Southeasterly, along said curve to the left, through a central angle of 30 degrees 10 minutes 20 seconds, an arc distance of 397.59 feet to a point of tangency; Thence South 76 degrees 11 minutes 46 seconds East, 503.58 feet to the beginning of a non-tangent curve, concave Northerly, whose radius point bears North 13 degrees 45 minutes 05 seconds East, 800.00 feet; Thence Easterly and Northeasterly, along said curve to the left, through a central angle of 30 degrees 46 minutes 32 seconds, an arc distance of 429.71 feet to a point of tangency; Thence North 72 degrees 58 minutes 33 seconds East, 317.45 feet; Thence North 70 degrees 32 minutes 45 seconds East, 240.02 feet to a point known as Point A for the purposes of this legal description; Thence departing said right of way line, South 00 degrees 04 minutes 45 seconds East, 754.86 feet; Thence South 00 degrees 14 minutes 40 seconds West, 1323.78 feet; Thence South 00 degrees 16 minutes 41 seconds West, 1323.16 feet; Thence South 89 degrees 49 minutes 24 seconds East, 1284.26 feet; Thence South 00 Degrees 07 minutes 39 seconds West, 1320.81 feet; Thence North 89 degrees 48 minutes 57 seconds West, 2604.44 feet; Thence South 00 degrees 05 minutes 18 seconds West, 68.01 feet; Thence North 89 degrees 48 minutes 16 seconds West, 116.00 feet; Thence South 00 degrees 05 minutes 18 seconds West, 670.00 feet; Thence South 89 degrees 48 minutes 16 seconds East, 4.00 feet; Thence South 00 degrees 05 minutes 18 seconds West, 547.00 feet to a point on a line which is parallel with, and 33.00 feet Northerly of, the Southerly line of the Southwest quarter of said Section 32; Thence North 89 degrees 48 minutes 16 seconds West, along said parallel line, 55.03 feet to a point on a line which is parallel with, and 33.00 feet Northerly of, the Southerly line of the Southwest quarter of said Section 32; Thence North 89 degrees 43 minutes 45 seconds West, along said parallel line, 1079.95 feet; Thence North 00 degrees 45 minutes 12 seconds East, 117.00 feet; Thence North 89 degrees 43 minutes 45 seconds West, 80.00 feet; Thence North 00 degrees 45 minutes 12 seconds East, 1166.68 feet; Thence North 89 degrees 38 minutes 17 seconds West, 2635.07 feet; Thence North 00 degrees 54 minutes 12 seconds East, 1331.52 feet; Thence North 89 degrees 24 minutes 38 seconds West, 1310.95 feet to a point on a line which is parallel with, and 40.00 feet Easterly of, the Westerly line of the North half of said Section 31; Thence North 00 degrees 13 minutes 27 seconds East, along said parallel line, 2138.86 feet to a point on a line which is parallel with, and 505.80 feet Southerly of, the Northerly line of said Section 31; Thence South 89 degrees 35 minutes 00 seconds East, along said parallel line, 15.00 feet to a point on a line which is parallel with, and 55.00 feet Easterly of, the Westerly line of the North half of said Section 31; Thence North 00 degrees 13 minutes 27 seconds East, along said parallel line, 505.80 feet to the POINT OF BEGINNING; EXCEPT that portion of Tract No. 45 lying within the South half of Section 32, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the South quarter corner of said Section 32, from whence the Southeast corner of said Tract No. 45 bears South 89°48'16" East a distance of 167.11 feet and from whence the North quarter corner of Section 6, Township 1 South, Range 2 West bears North 89°43'45" West (Basis of Bearings) a distance of 2311.96 feet; Thence North 00°12'50" East along the North-South mid-section line of Section 32 a distance of 33.00 feet to the North line of the South 33.00 feet of Section 32 and the POINT OF BEGINNING; Thence North 89°43'45" West along said South line a distance of 322.86 feet; Thence North 00°05'18" East parallel with the East line of Tract No. 45 a distance of 1217.67 feet; Thence South 89°38'15" East a distance of 373.89 feet to the West line of the East 116.00 feet of Tract No. 45; Thence South 00°05'18" West along said line a distance of 670.00 feet; Thence South 89°48'16" East a distance of 4.00 feet to the West line of the East 112.00 feet of Tract No. 45; Thence South 00°05'18" West along said line a distance of 547.00 feet to the North line of the South 33.00 feet of Section 32; Thence North 89°48'16" West along said North line a distance of 55.03 feet to the POINT OF BEGINNING; and EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 2 WEST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE, UPON THE WEST LINE OF SAID SECTION 29 NORTH 00°21'37" EAST, A DISTANCE OF 598.09 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE BUCKEYE WATER CONSERVATION AND DRAINAGE DISTRICT CANAL ALSO BEING THE NORTH BOUNDARY OF THAT PARCEL DESCRIBED AS PARCEL NO. 1 IN THE SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2011 0771447 OF THE MARICOPA COUNTY RECORDER'S OFFICE; THENCE, UPON THE SOUTHERLY RIGHT OF WAY LINE OF THE BUCKEYE WATER CONSERVATION AND DRAINAGE DISTRICT CANAL ALSO BEING THE NORTH BOUNDARY OF SAID PARCEL FOR THE FOLLOWING COURSES AND DISTANCES: THENCE, NORTH 65°47'04" EAST, A DISTANCE OF 119.25 FEET TO THE POINT OF BEGINNING (POB); THENCE, CONTINUING NORTH 65°47'04" EAST, A DISTANCE OF 37.60 FEET; THENCE, NORTH 51°22'01" EAST, A DISTANCE OF 46.20 FEET; THENCE LEAVING THE NORTH BOUNDARY, SOUTH 00°29'18" WEST, A DISTANCE OF 66.24 FEET; THENCE, NORTH 89°30'42" WEST, A DISTANCE OF 70.00 FEET; THENCE, NORTH 00"29'18" EAST, A DISTANCE OF 21.37 FEET TO THE AFOREMENTIONED NORTH BOUNDARY OF SAID PARCEL AND POINT OF BEGINNING (POB). PARCEL No. 3: (502-55-006K and 502-55-006S) That portion of the South half, including Tract Number 43, of Section 29, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the aforementioned Point A, as referred to in the above described Parcel No. 2; Thence North 00 degrees 04 minutes 45 seconds West, 109.92 feet to a point on the Northerly right-of-way line of the Buckeye Irrigation District Canal and the POINT OF BEGINNING; Thence along the Northerly right-of-way line of said Buckeye Irrigation District Canal, for the following 7 courses and distances: Thence South 70 degrees 37 minutes 15 seconds West, 272.49 feet; Thence South 72 degrees 18 minutes 31 seconds West, 310.59 feet to the beginning of a tangent curve, concave Northerly, whose radius point bears North 17 degrees 41 minutes 29 seconds West, 675.00 feet; Thence Southwesterly, Westerly and Northwesterly, along said curve to the right, through a central angle of 31 degrees 43 minutes 48 seconds, an arc distance of 373.81 feet to a point of tangency; Thence North 75 degrees 57 minutes 41 seconds West, 526.38 feet to the beginning of a tangent curve, concave Northeasterly, whose radius point bears North 14 degrees 02 minutes 19 seconds East, 620.00 feet; Thence Northwesterly, along said curve to the right, through a central angle of 29 degrees 50 minutes 33 seconds, an arc distance of 322.93 feet to a point of tangency; Thence North 46 degrees 07 minutes 08 seconds West, 482.82 feet to the beginning of a tangent curve, concave Southwesterly, whose radius point bears South 43 degrees 52 minutes 52 seconds West, 968.00 feet; Thence Northwesterly, along said curve to the left, through a central angle of 05 degrees 40 minutes 16 seconds, an arc distance of 95.81 feet to a point of tangency; Thence departing said right-of-way line, South 89 degrees 42 minutes 21 seconds East, 2131.45 feet; Thence South 00 degrees 04 minutes 45 seconds East, 472.34 feet to the POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTH HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 2 WEST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE, UPON THE SOUTH LINE OF SAID SECTION 29 NORTH 89°28'51" WEST, A DISTANCE OF 1160.21 FEET; THENCE, NORTH 00°04'45" EAST, A DISTANCE OF 864.78 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL NO. 2 IN THE SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2011-0771447 OF THE MARICOPA COUNTY RECORDER'S OFFICE; THENCE, UPON THE SOUTH BOUNDARY OF SAID PARCEL FOR THE FOLLOWING COURSES AND DISTANCES: SOUTH 70°18'15" WEST, A DISTANCE OF 272.49 FEET; THENCE, SOUTH 72°18'31" WEST, A DISTANCE OF 310.59 FEET TO A TANGENT CURVE TO THE RIGHT; THENCE, UPON SAID TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 675.00 FEET AND A CENTRAL ANGLE OF 31°43'48", AN ARC DISTANCE OF 373.81 FEET; THENCE, NORTH 75°57'41" WEST, A DISTANCE OF 516.38 FEET TO THE POINT OF BEGINNING (POB); THENCE, CONTINUING NORTH 75°57'41" WEST, A DISTANCE OF 10.00 FEET TO A TANGENT CURVE TO THE RIGHT; THENCE UPON SAID TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 620.00 FEET AND A CENTRAL ANGLE OF 14°02'19", AN ARC DISTANCE OF 182.75 FEET; THENCE, LEAVING AFOREMENTIONED SOUTH PARCEL BOUNDARY NORTH 30°50'57" EAST, A DISTANCE OF 33.00 FEET; THENCE, SOUTH 68°36'00" EAST, A DISTANCE OF 182.07 FEET; THENCE, SOUTH 14°02'19" WEST, A DISTANCE OF 35.00 FEET TO THE AFOREMENTIONED SOUTH PARCEL BOUNDARY AND POINT OF BEGINNING (POB). PARCEL No. 4: (502-53-013) THAT CERTAIN PARCEL OF LAND BEGINNING AT A POINT 606 FEET NORTH FROM THE SOUTHEAST CORNER OF SECTION THIRTY (30), TOWNSHIP ONE NORTH (1N), RANGE TWO WEST (2W), GILA & SALT RIVER BASE & MERIDIAN, MARICOPA COUNTY, ARIZONA; THENCE WEST ONE HUNDRED (100) FEET; THENCE NORTH SIXTEEN (16) FEET TO THE BUCKEYE CANAL RIGHT-OF-WAY; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID RIGHT-OF-WAY FOR APPROXIMATELY ONE HUNDRED NINETEEN (119) FEET TO WHERE THE EAST LINE OF SAID SECTION THIRTY (30) CROSSES THE SAID RIGHT-OF-WAY; THENCE SOUTH FORTY ONE (41) FEET ALONG SAID EAST LINE OF SAID SECTION THIRTY (30) TO THE PLACE OF BEGINNING. PARCEL NO. 5: (502-53-008H) That part of Tract No, 46, in Township 1 North Range 2 West of the Gila and Salt River Base and Meridian, described as follows: BEGINNING at the Southwest (No. 5) corner of Tract No. 46 of Sections 31 and 32, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian; THENCE North 0 degrees 10 minutes East along the West line of Tract No. 46, a distance of 1315.38 feet to the Northwest (No. 4) corner of Tract No. 46; THENCE South 89 degrees 52 minutes East along the North line of Tract No. 46, a distance of 1317.95 feet to the Corner No, 3 of Tract No. 46; THENCE North 89 degrees 51 minutes East along the North line of Tract No. 46 a distance of 1310.05 feet to the Northeast (No. 2) corner of Tract No. 46; THENCE South 0 degrees 12 minutes West along the East line of Tract No. 46, a distance of 1084.20 feet to a point from whence the Southeast (No. 1) corner of Tract No. 46 bears South 0 degrees 12 minutes West 235.0 feet; THENCE South 89 degrees 56 minutes West, parallel to the South line of Tract No. 46, a distance of 82.50 feet; THENCE South 0 degrees 12 minutes West parallel to the East line of Tract No. 46, a distance of 55.08 feet; THENCE North 89 degrees 15 minutes West 244.62 feet; THENCE South 74 degrees 51 minutes West 47.7 feet; THENCE South 1 degree 54 minutes West 20.5 feet; THENCE South 89 degrees 56 minutes West, parallel to the South line of Tract No. 46, a distance of 150.0 feet; THENCE South 1 degree 54 minutes West 150.0 feet to a point on the South line of Tract No. 46, from whence the Southeast (No. 1) corner of Tract No. 46 bears North 89 degrees 56 minutes East 528.15 feet; THENCE South 89 degrees 56 minutes West along the South line of Tract No. 46 a distance of 637.45 feet to the North quarter corner of Section 6 of the township to the South; THENCE North 89 degrees 47 minutes West along the South line of Tract No. 46, a distance of 159.40 feet; THENCE North 89 degrees 47 1/2 minutes West 163.15 feet to the new Southeast comer of Section 31, Southwest corner of Section 32; THENCE North 89 degrees 47 1/2 minutes West along the South line of Tract No. 46 a distance of 1138.95 feet to the POINT OF BEGINNING; EXCEPT a strip of land 40 feet in width, running from East to West and immediately South of the North line of the property herein described, as granted to Buckeye Irrigation Company, a corporation, by instrument recorded in Book 294 of Deeds, Page 356, records of Maricopa County, Arizona; EXCEPTING therefrom the following land: THAT PART of Tract No. 46, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, described as follows: BEGINNING at a point which is North 0 degrees 12 minutes East 179.92 feet from a point on the South line of Tract No. 46, which bears South 89 degrees 56 minutes West a distance of 126.5 feet from the Southeast corner of Tract No. 46; THENCE South 89 Degrees 15 minutes East a distance of 44 feet to a point 82.5 feet West of the East line of Tract No. 46; THENCE North 0 degrees 12 minutes East parallel to the East line of Tract No. 46, a distance of 55 feet; THENCE Westerly to a point which is North 1 degree 54 minutes East a distance of 233.5 feet from a point on the South line of Tract No. 46 from which the Southeast comer of Tract No. 46 bears North 89 degrees 15 minutes East a distance of 378.15 feet; THENCE South 1 degree 54 minutes West a distance of 63 feet; THENCE North 74 degrees 51 minutes East a distance of 47.7 feet; THENCE South 89 degrees 15 minutes East 200.62 feet to the point of beginning PARCEL NO. 6: (502-53-004C) That portion of Lots 3 and 4 and the East half of the Southeast quarter of Section 30, Township 1 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Southwest corner of said Section 30; Thence North 00° 21' 50" East (Basis of Bearings) along the West line of said Section 30 a distance of 184.83 feet to the POINT OF BEGINNING; Thence continuing North 00° 21' 50" East along said West line a distance of 970.04 feet to the South right- of-way line of the Union Pacific Railroad, and the beginning of a non-tangent curve, whose radius bears South 13° 43' 13" East a distance of 5655.00 feet; Thence easterly along said curve and said right-of-way line through a central angle of 05° 49' 24" a distance of 574.76 feet to a non-tangent line; Thence continuing along said right-of-way line North 82° 07' 05" East a distance of 778.85 feet to the West line of that certain parcel described in Document No. 2012-0235737, Official Records; Thence South 00° 22' 12" West along said West line and the West line of those certain parcels described in Document No. 2001-0793864 and Document No. 2009-0530567, Official Records, a distance of 935.54 feet to the North line of that parcel of land conveyed to US Life Title Company of Arizona, an Arizona corporation, as Trustee under Trust No. 530, designated as Parcel No. 2, in instrument recorded July 29, 1977 in Docket 12342, page 138 and re-recorded July 20, 1978, in Docket 13038, page 1447 and corrected by instrument recorded July 23, 1979 in Docket 13782, page 694, Official Records; Thence westerly along said North line for the next three (3) courses: Thence South 79° 32' 12" West a distance of 320.28 feet; Thence South 79° 01' 32" West a distance of 399.60 feet; Thence South 79° 39' 02" West a distance of 639.03 feet to the POINT OF BEGINNING; EXCEPT the East 15.00 feet of the West 55.00 feet as conveyed to Maricopa County in Deed recorded in Document No. 97-0461433 and re-recorded at Document No. 98-0828906, Official Records. For APN/Parcel ID(s): 504-44-041A, 504-44-028A, 504-44-033A, 504-44-033B and 504-44-025E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: PARCEL No. 1A: (504-44-028A) The North half of the Southeast quarter of the Northwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1B: The South half of the Southwest quarter of the Northeast quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1C: The South half of the North half of the Southwest quarter of the Northeast quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. Parcel No. 1D: That part of the Northeast quarter of the Northwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying South of the right-of-way of the Buckeye Canal. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1E: The Northwest quarter of the Southeast quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. EXCEPT all minerals, ores, and metals of every kind and character and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances, as reserved in the Patent. PARCEL No. 1F: The South half of the Southeast quarter of the Northwest quarter; and the Southwest quarter of the Northwest quarter; and that part of the South half of the South half of the Northwest quarter of the Northwest quarter lying South of the Buckeye Canal, all in Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. PARCEL No. 1G: The Northwest quarter of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT the East half of the East half; and EXCEPT the West 33 feet. PARCEL No. 1H: The Northeast quarter of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. PARCEL No. 1J: The East one-half of the East one-half of the Northwest quarter of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona PARCEL No. 2: (504-44-033B) The East half of the South half of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT an undivided 1/16th of all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, coal, metals, minerals, fossils, fertilizer of every name and description, together with all uranium, thorium, or any other material which is, or may be determined to be, peculiarly essential to the production of fissionable materials, whether or not of commercial value, pursuant to Section 37-231 of Arizona Revised Statutes, as reserved in the Patent to said land by the State of Arizona. PARCEL No. 3: (504-44-033A) The West half of the South half of the Southwest quarter of Section 36, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT an undivided 1/16th of all oil, gas, other hydrocarbon substances, helium or other substances of a gaseous nature, coal, metals, minerals, fossils, fertilizer of every name and description, together with all uranium, thorium, or any other material which is, or may be determined to be, peculiarly essential to the production of fissionable materials, whether or not of commercial value, pursuant to Section 37-231 of Arizona Revised Statutes, as reserved in the Patent to said land by the State of Arizona. PARCEL No. 4: (504-44-041A) That Portion Of The North Half Of The South Half Of The Northwest Quarter Of The Northwest Quarter Of Section 36, Township 1 North, Range 3 West, Gila And Salt River Meridian, Maricopa County, Arizona, Lying South Of The Following Described Line: Commencing At The Northwest Corner Of Said Section 36; Thence, Upon The West Line Of Said Section 36 South 00°09'14" East, A Distance Of 999.92 Feet To The South Line Of The North Half Of The South Half Of The Northwest Quarter Of The Northwest Quarter Of Said Section 36; Thence, Upon Said South Line South 89°08'27" East, A Distance Of 266.09 Feet To The West Corner Of That Parcel Described In Document No. 1971-0238146 Of The Maricopa County Recorder's Office And The Point Of Beginning (Pob); Thence, Leaving Said South Line North 83°03'23" East, A Distance Of 359.14; Thence, North 84°35'00" East, A Distance Of 701,19 Feet To The East Line Of The Northwest Quarter Of The Northwest Quarter Of Aforementioned Section 36 And The Point Of Terminus (Pot). Parcel 5: (504-44-025E) A portion of the Northeast quarter of Section 36, Township 1 North, Range 3 West, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the Maricopa County Department of Transportation brass cap in handhole marking the Northeast corner of said Section 36, from which an aluminum cap stamped 29891 marking the North quarter corner of said Section 36 bears North 89 degrees 16 minutes 47 seconds West 2641.69 feet, said line is the North line of the Northeast quarter of said Section 36 and is the basis of bearings in this description; THENCE South 00 degrees 00 minutes 22 seconds East, 2646.54 feet to a railroad spike marking the East quarter corner of said Section 36; THENCE North 89 degrees 30 minutes 00 seconds West, 40.00 feet along the South line of the said Northeast quarter of Section 36 to the TRUE POINT OF BEGINNING; THENCE continuing North 89 degrees 30 minutes 00 seconds West, 1280.01 feet along said South line to the Southwest corner of the Southeast quarter of the Northeast quarter of said Section 36; THENCE North 00 degrees 01 minutes 22 seconds West, 994.36 feet to the Southeast corner of the North half of the North half of the Southwest quarter of the Northeast quarter of said Section 36; THENCE North 89 degrees 25 minutes 02 seconds West, 1320.32 feet to the Southwest corner of said North half; THENCE North 00 degrees 02 minutes 23 seconds West, 1135.78 feet along the West line of the Northeast quarter of said Section 36 to the South right-of-way line of the Buckeye Canal; THENCE along said South right-of-way line the following four courses and distances: THENCE North 71 degrees 23 minutes 50 seconds East, 152.00 feet; THENCE North 73 degrees 54 minutes 25 seconds East, 100.01 feet; THENCE North 74 degrees 55 minutes 37 seconds East, 87.83 feet; THENCE North 78 degrees 21 minutes 57 seconds East, 1070.58 feet; THENCE South 00 degrees 01 minutes 22 seconds East, 1124.26 feet; THENCE South 88 degrees 47 minutes 17 seconds East, 1227.54 feet to a line 40.00 feet West of and parallel with the East line of the said Northeast quarter of Section 36; THENCE South 00 degrees 00 minutes 22 seconds East, 1319.47 feet along said parallel line to the TRUE POINT OF BEGINNING; EXCEPT all minerals, ores and metals of every kind, and character, and all coal, asphaltum, oil, gases, fertilizers, fossils and other like substances in or under said land as reserved unto the State of Arizona in Patent recorded in Book 152 of Deeds, page 44, records of Maricopa County, Arizona. EXHIBIT D Depiction of the Annexation Land EXHIBIT E CMP plus Conditions of Approval EXHIBIT F GVB Water Rights and Wells GRAND VIEW BUCKEYE WATER RIGHTS IGFR # WATER RIGHT TYPE 58-100694.0008 Irrigation Use 58-104082.0003 Irrigation Use 58.103550.0004 Irrigation Use 58-130094.0003 Irrigation Use 58-102437.0005 Irrigation Use 58-100461.0005 Irrigation Use 58-100960.0002 Irrigation Use 58-109465.0003 Irrigation Use 58-106649.0012 Irrigation Use 59-583770.0002 General Industrial Permit 58-106649.0007 Type I Right 58-106649.0008 Type I Right 58-106649.0011 Type I Right 58-106649.0010 Irrigation Use 58-108981.0002 Irrigation Use 58-104064.0004 Irrigation Use 58-130327.0005 Irrigation Use 58-102437.0007 Irrigation Use 58-115952.0003 Irrigation Use 58-113079.0025 Irrigation Use 58-110035.0008 Irrigation Use 58-113079.0024 Irrigation Use 58-113079.0026 Irrigation Use Grand View Buckeye Well Information Registration No. 55-203247 55-62507(1 or 2) 55-517891 55-560896 55-583771 55-583772 55-560777 55-537656 55-214666 55-214672 55-625903 EXHIBIT G Service Area Participation in GV Water Campus and GV WRF (Attached) GV Water Campus Service Area GV WRF Service Area EXHIBIT H Police/Fire Parcel Depiction (Attached) \ EXHIBIT I Dispute Resolution Process and Remedies A. The dispute resolution process (“Process”) and remedies set forth herein shall not apply to an action by the City to condemn or acquire by inverse condemnation all or any portion of the Land, and in the event of any such action by the City, Owner shall have all rights and remedies available to it at law or in equity. B. If an event of default, the non-defaulting party may institute the Process, pursuant to Paragraph C below. C. Any controversy or claim subject to the Process shall be settled by an arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Rules”) (except that the terms of this Agreement and this Exhibit shall control over conflicting rules), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. D. The dispute shall be heard by a single arbitrator from a panel of qualified arbitrators located within the Phoenix metropolitan area. E. The place of arbitration shall be Phoenix, Arizona. F. The parties agree that the remedies available for the award by the arbitrator shall be limited to specific performance, declaratory relief and actual damages, and that under no circumstances shall the arbitrator issue an award of other monetary damages, except that the arbitrator may award the payment of an amount owed, or enjoin the withholding of amounts due, pursuant to this Agreement. G. The parties have structured this Process with the goal of providing for the prompt and efficient resolution of all disputes falling within the purview of this Process. The hearing of any dispute shall be expedited and will commence as soon as practicable, but no later than forty-five (45) days after selection of the arbitrator. This deadline can be extended only with the consent of both parties to the dispute, or by decision of the arbitrator upon a showing of emergency circumstances. H. The arbitrator shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence consistent with the deadlines provided herein, and the parties’ objective that the disputes be resolved in a prompt and efficient manner. No discovery may be had of privileged materials or information. The arbitrator, upon proper application, shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary, or sensitive materials or information from public disclosure or other misuse. I. In order to effectuate the parties’ goals, the hearing, once commenced, will proceed from business day to business day until concluded, absent a showing of good cause. J. The arbitrator shall, within thirty (30) days from the conclusion of the hearing, issue the award. K. The arbitrator may determine how the costs and expenses of the arbitration shall be allocated between the parties, and may award attorneys’ fees to either party. L. The award of the arbitrator shall be accompanied by a reasoned opinion. M. The award of the arbitrator shall be final and binding. Except as otherwise provided in this Agreement, this Exhibit and the Commercial Arbitration Rules of the AAA, the Process shall be subject to the provisions of the Arizona Arbitration Act (A.R.S. §§ 12-1501-1518). In the event a party seeks confirmation of an award, or if there is a failure to abide by any award, either party may seek any remedy at law or equity for failure to comply with the award, but in no event shall the award be reviewed de novo or consequential monetary damages be ordered by the court.