Bethany 303 PAD Binder

Bethany 303
PLANNED AREA DEVELOPMENT
Zoning Case: __________
SR19-0297
NEC of Sarival Avenue & Claremont Drive
Glendale, AZ
Submitted: January 9th, 2020

Prepared for 
JAWS 303, LLC


Bethany 303
Planned Area Development
Glendale, Arizona             
2

PROJECT TEAM



Developer:
JAWS 303 LLC
10450 N. 74th Street, Suite 200
Scottsdale, AZ 85258
(480) 991-3985
Civil Engineer:
Hunter Engineering
Jeff Hunter
10450 N. 74th Street, Suite 200
Scottsdale, AZ 85258
(480) 991-3985
Traffic Engineer:
Southwest Traffic Engineering, LLC
Andrew Smigielski
3838 N. Central Avenue, Suite 1810
Phoenix, AZ 85012
(602) 266-7983
Landscape Architect:
Hunter Engineering, Inc.
Audie Hennington, RLA
10450 N. 74th Street, Suite 200
Scottsdale, AZ 85258
(480) 991-3985
Planning & Due Diligence:
Hunter Engineering, Inc.
Michael S. Buschbacher II, AICP
10450 N. 74th Street, Suite 200
Scottsdale, AZ 85258
(480) 991-3985








Bethany 303
Planned Area Development
Glendale, Arizona             
3


TABLE OF CONTENTS


,
Proposal Overview...........................................................................................4
,,
Existing Zoning and General Plan...................................................................5
,,,
Planned Area Development...........................................................................5
a)Overview and Intent............................................................................ 5
b)Permitted Uses...................................................................................... 6
c)Site Plan ................................................................................................ 6
d)Development Standards .................................................................... 7
PAD Deviations Rationale.......................................................... 8
i.Height
ii.FAR
iii.Parking
e)Performance Standards/Use Limitations ........................................... 9
i.Nuisances
ii.Enclosure
iii.Hazards
iv.Dark Skies
f)Landscape Buffer and Dock Screens ................................................ 9
,9
Landscape Design.........................................................................................10
9
Architecture Form & Character ...................................................................10
9,
Circulation and Access.................................................................................11
a)Existing Conditions ............................................................................. 11
b)Proposed Improvements................................................................... 12
9,, Grading and Drainage .................................................................................12
9,,, Utilities and Infrastructure ..............................................................................12
,;
Signage...........................................................................................................13
;
Development Phases ....................................................................................13
;,
Summary.........................................................................................................14
;,,
References .....................................................................................................14
LIST OF EXHIBITS........................................................................................................15











Bethany 303
Planned Area Development
Glendale, Arizona             
4

, Proposal Overview
JAWS 303, LLC (the “Developer”) plans to develop an approximately 75.79
gross acre property located at the northeast corner of Sarival Avenue and
Claremont Street (the “Property”). See Vicinity Map and Aerial Map attached
as Exhibit 1.
This
application
requests
approval
of
a
Planned
Area
Development
(“PAD”)
District
to
allow
an
industrial
distribution
and
warehouse
development
called
Bethany 303.
The Applicant seeks to
develop the Property in accordance with the
M-I zoning and modify
development standards to create a state-of-the-art industrial development 
nearby the expanding State Route 303 Loop transportation corridor.
The Property has been used for agricultural purposes for several years and
is unimproved with no structures and dirt roadways on the perimeter of the 
site. Rezoning the
property
to
PAD for
industrial
uses
will
permit
the
development of industrial and other uses which are compatible with the City
of Glendale General Plan designation of Luke Compatible Land Uses and
comply with state statutes concerning land uses within the vicinity of a military 
installation. It will eliminate residential land uses as a permitted use.
The site is located within the Luke Air Force Base noise contours of 75 DNL and 
80 DNL. Industrial land uses for these properties are appropriate, considering 
the accident potential and noise impacts from daily activities conducted on 
the base and due to the proximity of the project to the runway.
This property is approximately within a half-mile of State Route 303 Loop. The
property is bounded by an old dairy farm that is being rezoned to an 
industrial PAD to the north. To the east and across Alsup Avenue is also 
agricultural uses with no structures. To the south across Claremont Street is
farmland with a residence. To the West is also vacant farmland that is 
anticipated to be rezoned to an Industrial PAD.
The Bethany 303 PAD is crafted to permit only uses which are compatible
with the mission of Luke Air Force Base, the City of Glendale General Plan,
and Arizona
Revised
Statutes
for
territory
near
a
military airport.
The
Planned
Area
Development regulations are tailored to the intended
development.







Bethany 303
Planned Area Development
Glendale, Arizona             
5

,, Existing Zoning and General Plan
The subject property is currently outside of the City of Glendale and is within
Unincorporated Maricopa County. The entire site is currently zoned as Rural 43 
(RU-43) per the Maricopa County Zoning Ordinance. See Zoning Map
attached at Exhibit 2.
The Property will be annexed into the City of 
Glendale as part of the entitlement process. The developer has submitted
a City of Glendale Pre-Annexation Development Agreement with a legal 
description of the site, attached as Exhibit 10. JAWS 303 LLC proposes to rezone
the entire Property from RU-43 (County) to PAD for industrial uses.
The proposed PAD zoning is consistent with the industrial PAD zoning on the
adjacent property to the north. Additional industrial zoning occurs along the
nearby Loop 303 Freeway corridor in other jurisdictions as well.
With the annexation into the City of Glendale the current Maricopa County 
General Plan Land Use classification of Military Compatible will be converted 
to the closest City of Glendale General Plan Land Use category, which would 
be the Luke Compatible Land Use (LCLU). The proposed use is consistent with
the Glendale General Plan land use LCLU designation. The Luke Compatible
Land
Use
Area
recommends non-residential uses as well as safe and
compatible development, like the type proposed with this application. See
the General Plan Map shown as Exhibit 3. Future industrial development is
encouraged.
Constructing
an
industrial
distribution
and
warehouse
development is in conformance with the existing City of Glendale General Plan
for the Property.
,,, Planned Area Development
a)
Overview and Intent
The intent of the Bethany 303 PAD is to allow industrial; manufacturing,
e-commerce, and office uses as well as development standards that
ensure appropriate flexibility for such developments. The PAD will allow
industrial and employment uses that are compatible with the nearby 
Loop 303
Freeway
Corridor
and
are
in
conformance
with
the
underlying zoning and uses along this freeway.
A specific user(s) has not been identified at this time. The plans, exhibits,
and images presented herein are conceptual only and intending to
convey the type, intensity, and quality of development expected at
this location. Once
specific users are identified, a design review
application (site plan, building
architecture, landscaping, signage,
grading, etc.) will be submitted for administrative review by Glendale 
staff.


Bethany 303
Planned Area Development
Glendale, Arizona             
6

b)
Permitted Uses
This PAD and its permitted uses defined below are intended to
accommodate
industries
involving
office,
light
manufacturing,
assembling,
warehousing,
e-commerce,
and
wholesale
activities.
Associated office and related retail uses are also included within this
district. The manufacturing or assembly of finished products so long as
the primary use of the property is not the basic
processing and
compounding of raw materials.
Uses shall include all uses allowed in the Light Industrial (M-1) zoning
district of the Glendale
Zoning Ordinance as well as offices for
professional, administrative, clerical,
financial, medical, business, or
professional
services;
medical,
dental
and
clinical laboratories /
research facilities; business support services; data center, call centers
and
data
recovery
centers;
wholesale
sales
and distribution of
finished goods; retail as an accessory use (not to exceed 10%) to the
primary use.
In addition to the uses listed above, all uses subject to conditions per
section 5.843 of the Glendale Zoning Ordinance shall be included along 
with uses
subject
to
conditional
use
permits
per
section
5.844,
accessory uses per section 5.845 and temporary uses per section 3.920 of
the Glendale Zoning Ordinance.
c) Site Plan
To maximize and attract potential users, the PAD introduces t w o  
c o n c e p t u a l  s i t e  p l a n s  t o  help illustrate how the property could
be designed with multiple smaller buildings or as a single large building.
This
ensures
optimal
flexibility
while
demonstrating
potential
development options. A conceptual development plan shows how the
site could possibly be developed but does not necessarily depict what 
will be constructed on the site. See Conceptual Site Plans as Exhibit 4 & 5.
The conceptual site plans indicate options for building layouts; however,
multiple warehouse buildings
or
one single
larger building with 
approximately 1,300,000 sf could occur on the site. The largest building 
site plan covers 39% of the lot.  These representative square footages 
are based on the concepts shown, but do not reflect an ultimate final 
site plan. Final site plans could be of different configurations and vary in 
size with additional square feet. Lot coverages would remain under 51% 
for most design scenarios.


Bethany 303
Planned Area Development
Glendale, Arizona             
7

The proposed site plans have four points of access from Sarival Avenue.
The circulation design provides separation of cars and trucks where
possible
and
transport
trucks
can
access
various
points
of
the
buildings. Employee parking is provided along Sarival Avenue as well
as Alsup Avenue. A parking study has been completed that justifies the 
parking provided for the project based upon the deviations noted in the 
development standards below.
d) Development Standards
As reflected through Table A below, the development standards for the
Bethany 303
PAD
are
created
to
facilitate
industrial
warehouse
development. Most specifically, the permitted heights and intensity will
permit
the development of a highly attractive and superior industrial
warehouse development representative of the types of development
along the 303 Freeway Corridor further to the south. Should a conflict
exist between any provision in this PAD
and the Glendale Zoning
Ordinance, the PAD shall apply.



Table A: Comparative Development Standards Table
 
M-1
PAD Proposal
Min. Lot Area
6,000
6,000
Max. Lot Area
N/A
N/A
Building Setbacks
x Front
x Rear
x Side
25’
60’
60’
25’
60’
60’
 
x Street Side
25’
      25’
Max. Building Height
           30’
           85’
Rooftop building
appurtenances can
exceed roof height up
to 100’ maximum
provided they are 
more than 20’ from the
building’s roof edge.
Roof mounted
equipment shall be
fully screened from the
adjacent public street
views. Material silos or
other similar building
specific support


Bethany 303
Planned Area Development
Glendale, Arizona             
8

Max. FAR
            .3
.5 (Mezzanine SF area
excluded from FAR 
ratio)
Parking
x Warehouse/Distribution/D
ata Center
x Office
x Accessory retail uses
1/600 sf
1/300 sf
1/250sf
1/2000 sf
1/300 sf
1/250 sf
(Mezzanine
sf
area
excluded from parking
calculations)
Signage Height
10’
20’


PAD Deviation Rationale
i.Height: Building height needs to be flexible to meet specific tenant
needs. Typically, the norm for an anticipated industrial building in
this market may suggest 40’ of clear height inside, resulting in a
building height in the 50’ range. However, in this case, there is
the potential for a unique distribution or manufacturing use that
may include multiple levels of storage platforms or automated
systems,
resulting
in
the
need
for
increased
height.
Site
appurtenances, such as material silos or other building specific
support equipment, may be required to exceed the
building
height. In such cases, location and treatment of such elements
shall be considered and incorporated into the overall design
solution.
ii.FAR: A distinction should be made between additional building
floors and
storage mezzanines. Often, storage mezzanines or
multi-level automated storage platforms are incorporated into
the tall clear height of a large distribution facility. Mezzanines
fall within a portion of the already defined volume and footprint
of the building and do not impact the visual appearance
or height of the exterior of the building, thus not impacting the
perceived density addressed by FAR. They are often limited in
actual
employee population and used for a different type of
storage or processing
that does not require the otherwise high
bay volume of the space.


Bethany 303
Planned Area Development
Glendale, Arizona             
9

iii.Parking:
Reduced
parking
ratios
requested
for
the
warehouse/distribution
portion
of
the
building
consider
the
anticipated heavy storage/limited occupancy characteristics of
the potential tenant mix for the project. As storage systems
become more automated and based on historical ratios of
warehouse
employees
to
actual
storage
space,
fewer
employees are required. Mezzanine areas, due to their typical
storage
use, should not be included in parking calculations
unless they are specifically occupied full time by employees as
their primary workspace. Such calculations should be evaluated
with specific tenant plans when
submitted for entitlements.
Based on the large open spaces available within the dock
areas of these types of buildings, supplemental parking areas
are available based on specific tenant needs, providing flexibility
to increase parking ratios as required.
e)
Performance Standards/Use Limitations
i. Nuisances: Uses shall be permitted within this district, unless such
uses are or may become obnoxious or offensive by reason of
odor, dust, smoke, noise, gas fumes, cinders, vibrations, glare,
refuse, or air or water pollution emissions.
ii. Enclosures: All uses permitted in this district shall be typically 
conducted
within
a
fully
enclosed
building
unless
otherwise
permitted. Outside storage of materials and equipment related to
the primary activity is permitted provided that the outside storage
area is screened by a wall. Design and height shall be approved
by the approved authorizing administrative body.
iii. Hazards: All explosive and hazardous m a t e r i a l s  a n d  processes
require approval by Glendale Fire Department. All manufacturing,
storage,
and
waste
processes
s hal l meet
all
safety and
environmental standards as administered by the fire department.
iv. Dark Skies: Lighting plans shall be submitted with each Design Review
application illustrating that on-site lighting does not exceed one-foot
candle at
the property line. On-sight lighting shall be dark sky
compliant and all lighting shall comply with the City of Glendale
Outdoor Light Control Ordinance.
f)
Landscape Buffer and Dock Screens
Landscape buffers and screen wall requirements shall conform to
Section 7.200 of the Glendale Zoning Ordinance. The design, materials
and colors for all walls, fences and screening devices
visible from
public view will be uniform in appearance. An 8’ wall enclosing the


Bethany 303
Planned Area Development
Glendale, Arizona             
10

truck courts shall be provided along the north and south property lines
to help screen the truck loading and maneuvering area.
,9 Landscape Design
Landscaping will be designed to complement the building architecture
overall design theme for the site. All materials will comply with the City of 
Glendale low
water use
plant
palette.
The
Sarival
street
frontage
landscaping will provide an attractive public edge to the property. Perimeter
site boundaries will define the parcel and provide a pleasing common
boundary with adjacent sites. Enhanced landscaping will further define
potential building entries with canopy trees at City-required spacing to
provide shading for the parking areas. A variety of tree species, combined
with a colorful combination of shrubs and groundcovers, will provide an
overall landscape composition of appropriate scale to enhance the overall
development and its visual
impact on its surroundings. A conceptual
landscape plan is included with this submittal to portray a representative
design.
More specific details regarding
plantings, types, locations and
quantities will be a part of future design review applications to address the
proportion of landscape materials to specific building design and height. See
Conceptual Landscape Renderings attached as Exhibits 6 & 7.
9Architecture Form and Character
Design requirements of large industrial facilities vary with specific uses and
tenant requirements. The specific uses combined with careful aesthetic
considerations  f o r  large building masses will provide general guidance that 
will inform the design process for the architecture. Design palette must remain
flexible as that a specific future tenant is unknown at this time.
The building
may take on the characteristics of
a specific tenant, if that tenant is
identified prior to development, or may be more ‘generic’, designed to
appeal to a broad range of potential tenants (particularly if development
commences before a specific tenant is known).
Examples of typical 
archetypes can be found along the nearby Loop 303 Corridor.
Scale is an important consideration when looking at the overall design.
While the scale of development along the freeway should be appropriate 
for views at high speeds, this proposal will focus on the more distant views
that surround the site. Elements should generally be larger and easier to
identify from automobiles along Sarival Road. Similarly, the building(s) should
be set back from Sarival Avenue so the scale of the buildings does not 
dominate the views in the area. The level of architectural fenestration and 
detail will increase adjacent to building entries
where pedestrian scaled
elements should be included in the architectural design to emphasize human


Bethany 303
Planned Area Development
Glendale, Arizona             
11

scale.
Color and pattern will be used to de-emphasize building mass and develop
visual interest that creates an overall pleasing aesthetic on all sides of the
building. The color
palette may include warm to cool neutral colors that
embrace the surrounding desert hues. Unique features may include limited
color accents to provide additional visual interest, while also addressing
corporate image. The primary building material will be painted, articulated
concrete wall panels and may feature accent materials that provide
additional texture or colors where areas of enhancement are appropriate.
Store front glazing will be incorporated at anticipated office areas to provide
daylight to workspaces. Metal canopies help the architecture respond 
to the climate by providing shade, shadow, and accents to the building.
Building parapets will be extended above the roof line to provide screening
of roof top equipment from view at adjacent public right of ways along
Sarival Avenue and Alsup Avenue. Dock and outdoor storage areas will be
screened with an 8’ masonry wall with detail and color to complement the
building architecture. A similar 3’ high wall will screen parking along Sarival
Avenue.
A representative architectural collage exhibit is included to convey a
representative palette of building archetypes. The images shown in the 
collage are consistent with similar approved nearby Planned Area 
Developments. Specific details regarding architecture, materials, colors,
etc. will be a part of the future design review application. See Architectural
Collage
Exhibit attached as Exhibit 8 and Architectural Rendering Exhibit
attached as Exhibit 9.
9, Circulation and Access
The Property is well situated from a regional access perspective; it is within 
proximity of the 303 Freeway and is easily accessible from the surrounding
arterial street network (Sarival Avenue, Glendale Road, Bethany home Road).
a) Existing Conditions
In the immediate vicinity of the project, Glendale Avenue is an east-
west, two- way, two lane roadway that serves nearby residences and
provides access to surrounding agriculture parcels. Immediately north
of the project area, Glendale Avenue provides full access to the Loop
303 Freeway.
Bethany Home Road is a two-lane roadway with one lane for each
eastbound and westbound travel. South of the project area, Bethany
Home Road provides full access to the Loop 303 Freeway.


Bethany 303
Planned Area Development
Glendale, Arizona             
12

Sarival Avenue is a two-way, two-lane roadway with a north-south
alignment. Access is provided by Sarival Avenue to nearby residences 
and agriculture parcels.
Alsup Road is a two-way, two-lane rural roadway east of the site that 
connects Bethany Home Road to Glendale Avenue.
b) Proposed Street Improvements
As part of the proposed Bethany 303 site, offsite improvements will occur
along Sarival Avenue, immediately adjacent to the project site. Sarival
Avenue will be widened from a two-lane roadway to a three-lane
roadway (one lane in each direction with a two-way center left turn
lane) with curb, gutter, sidewalk, and associated roadway lighting.
Up to four proposed driveways along the west side of Sarival Avenue
will serve the project site and will align with the approved driveways 
across the street. The northern and southernmost driveways will be
constructed
on
the
Maryland
Avenue
and Claremont Street 
alignments, respectively. These driveways will be connected to Sarival
via a private drive connection. The Maryland Avenue drive connection 
will be located within the parcel to the north and align with the Park 303 
project on the west side of Sarival Avenue.
A traffic study will be 
provided to staff in order to confirm the driveway configurations. 
9,, Grading and Drainage
The grading and drainage for the site will be designed to retain the 100yr-
2hour storm event in accordance with the City of Glendale drainage design
guidelines. Storm drainage will be conveyed via roof drains, downspouts and
overland flow across the parking lots and truck dock areas into either catch
basins or curb openings which will outfall to a combination of surface and/or
underground
retention areas. The required storage volume will dissipate
within 36 hours via a combination of natural percolation and drywells.
9,,, Infrastructure and Utilities
Water will be provided to the site by the Adaman Water District. Adaman
has stated that they will allow domestic water to be taken off of their existing
8-inch waterline in Sarival Avenue. Fire protection will also be provided by 
the Adaman Water District.  There is currently a 16” waterline proposed within 
Sarival to service this site for fire protection.
Sewer will be provided by Epcor. Epcor has a master plan to extend sewer


Bethany 303
Planned Area Development
Glendale, Arizona             
13

north, within Sarival to service this property. Epcor has committed to begin
the design of the sewer extension within Sarival Road which should be 
installed first quarter of 2020.
,;Signage
This
development
will
provide
functional
and
attractive
signage
that
compliments
the architecture of the overall Bethany 303 site. This PAD
application sets forth the general location, quantity, and maximum height of
monument signage for Bethany 303. Monument signs along Sarival Road, as
well as on-site development identification signs along Sarival Avenue will
provide proper identification. Directional signs may be located throughout
the development to point users to their desired destination. These signs will
utilize the established color and
materials palette that is applied to the
building(s) within the Bethany 303 site. A separate Comprehensive Sign 
Package shall be submitted to obtain City of Glendale approval for all signs. 
Deviations from City approval may be obtained through an administrative 
process if the sign is in substantial conformance with the sign package 
approved through Design Review.
Two (2) 20’-tall monument signs are proposed along Sarival Avenue near
the proposed access drives. Monument signs will provide identity for the
overall development and may include single-tenant panels, or
multi-panel
depending upon the future tenant user(s) of the Property.
Once future tenants are identified, a Comprehensive Sign Package (CSP)
will be provided wit h consistent signage for tenants and users of Bethany 
303. The future CSP will contain guidelines for color, materials, location of
wall signage, allowable areas, illumination, and configuration of logo and
copy presentations.
;
Development Phases
The Property may be developed in a single-user phase, or with multiple
phases as market conditions warrant. The intent is to install infrastructure
and improve the street frontage and access way adjacent to each phase.
It is anticipated that the initial phase will include at least one building,
street
frontage
improvements,
and
retention basins. Plans for individual
buildings/phases will be submitted to the City of
Glendale to ensure proper
and orderly development.


Bethany 303
Planned Area Development
Glendale, Arizona             
14

;, Summary
The PAD and the proposed site plan will provide the required entitlements 
needed to develop the Bethany 303 industrial center. The Property will be
zoned PAD and the site is within a General Plan land use designation that
encourages development specifically for parcel close to Luke Air Force Base. 
The proposed development substantially conforms with the development
objectives of the General Plan for this location. The development will
complement the surrounding area and provide improved benefits and new 
employment opportunities to the City of Glendale and its residents.
;,, References
Significant portions of this PAD were referenced from the proposed adjacent 
PAD, made public record for the West 303 Crossing property located directly 
north of this site. This PAD is consistent with the direction and vision of the City 
of Glendale for development along the Loop 303 corridor. 
Note: Prior to the City’s issuance of permit(s) for vertical construction of 
building(s) or other improvements, Developer shall submit FAA form 7460-1 to 
the FAA. Regional Office for the FAA’s determination of whether such 
building(s) or other improvements (as designed) would be a hazard to aviation 
and what additional conditions (if any) are recommended by the FAA.







Bethany 303
Planned Area Development
Glendale, Arizona             
15




LIST OF EXHIBITS

Aerial and Vicinity Map

Zoning Map

General Plan Map

Conceptual Site Plan A

Conceptual Site Plan B

Conceptual Landscape Rendering A

Conceptual Landscape Rendering B

Architectural Collage Exhibit

Architectural Rendering

Legal Description

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LEGAL DESCRIPTION
The North half of the Southwest quarter of Section 7, Township 2 North. Range 1 West of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPTING therefrom all irrigation wells and domestic wells serving more than one farm, pumping
plants, machinery,
equipment and facilities incident to said wells and pumping plants, as set
forth in Deed recorded September 27, 1952 in Docket 997, Page 211, including but not limited
to the following described property;
(A)A certain parcel of land known as Well Site 7B located in the Northwest quarter of the
Southwest quarter of Section 7, Township 2 North, Range 1 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the Northwest corner of the Southwest quarter of said Section 7;
Thence East (assumed bearing) along the North line of the Southwest quarter of said Section 7,
a distance of 33.0 feet to the TRUE POINT OF BEGINNING; Thence continuing East on said line
a distance of 50.0 feet to a point; Thence South and parallel to the West line of the Southwest 
quarter of said Section 7, a distance of 60.0 feet to a point;
Thence West and parallel to the
North line of the Southwest quarter of said Section 7, a distance of 50.0 feet to a point; Thence
North and parallel to the West line of the Southwest quarter of said Section 7, a distance of 60.0
feet to the
POINT OF BEGINNING, as conveyed to ADAMAN MUTUAL WATER COMPANY, a
corporation, by Deed recorded August 4, 1953 in Docket 1180, Page 528.
(B)A certain parcel of land known as Well Site 7D located in the Northeast quarter of the
Southwest quarter of Section 7, Township 2 North, Range 1 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the Southeast corner of the Northeast quarter of the Southwest quarter of said
Section 7; Thence North (assumed bearing) along the East line of the Northeast quarter of the
Southwest quarter of Section 7, a distance of 24.68 feet to a point; Thence South 89 degrees 55
minutes West and parallel to the South line of the Northeast quarter of the Southwest quarter of
Section 7, a distance of 33.0 feet to the TRUE POINT OF BEGINNING; Thence continuing South
89 degrees 55 minutes West on the same line, a distance of 55.0 feet to a point; Thence North
and parallel to the East line of the Northeast quarter of the Southwest quarter of said Section 7,
a distance of 50.0 feet to a point; Thence North 89 degrees 55 minutes East and parallel to the
South line of the Northeast quarter of the Southwest quarter of said Section 7, a distance of 55.0
feet to a point; Thence South and parallel to the East line of the Northeast quarter of the
Southwest quarter of said Section 7, a distance
of 50.0 feet to the POINT OF BEGINNING and
as set forth in Deed recorded in Docket 1546, Page 441; and
EXCEPTING all underground or subterranean waters beneath the lands of the ADAMAN MUTUAL
COMPANY PROJECT except that necessary for domestic use and distinguished from irrigation use
by such owners of domestic wells for their individual uses, as set forth in Deed recorded in Docket
1180, Page 517.