HomeMy WebLinkAbout92-408
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:::92"":" 71.029 BK 2154 PG 704
OfFICIAL RECORDS OF MOHAVE COU~TY AI.
*jDAN McCALL~ MOHAVE COUNTY RECDRDER*
12/28/92 1=00 P.li. PAGE 1 OF 29
nOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00 NC
RESOLUTION NO. 92-408
RELATING TO THE APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN
MOHAVE COUNTY AND HOLPAL, A CALIFORNIA LIMITED PARTNERSHIP,
GOVERNING THE GENERAL DESIGN AND CONSTRUCTION OF INFRASTRUCTURE
NECESSARY FOR THE PLANNED DEVELOPMENT OF HOLLINGSWORTH RANCH,
TRACT 4111, A PART OF SECTION 15, TOWNSHIP 18 NORTH, RANGE 22
WEST, GILA AND SALT RIVER BASE MERIDIAN, LOCATED IN THE SOUTH
MOHAVE VALLEY AREA, MOHAVE COUNTY, ARIZONA
WHEREAS, at the regular meeting of the Mohave County Board
of Supervisors held on December 7, 1992, a public hearing was
conducted to determine the approval of a development agreement in
regards to Hollingsworth Ranch, Tract 4111, between Mohave County
and the owner/developer of the tract, HOLPAL, a California
Limited Partnership ("HOLPAL"), and
WHEREAS, on November 5, 1990, the Mohave County Board of
Supervisors adopted Resolution No. 90-306 approving rezoning from
existing A-R (Agricultural Residential) zone to S-D/R/C/R-MH
(Special Development Residential, Commercial, Single Family
Residential, Mobile Home Park) zone for the Hollingsworth Ranch,
Tract 4111, which approval was subject to a condition that the
Zoning Plan not become effective until recordation of a final
plat, and
.
.
Resolution No. 92-408
Page 2
WHEREAS, on October 1, 1990, the Mohave County Board of
Supervisors
adopted
Resolution
90-265,
approving
a
No.
preliminary plan for Hollingsworth Ranch, Tract 4111, and
WHEREAS, on May 4, 1992, via Resolution No. 92-159, the
Mohave County Board of Supervisors approved a final subdivision
plat and petition of exception for Hollingsworth Ranch, Tract
4111-A, subject to the approval and recordation in conj unction
with the final plat, of a development agreement acceptable to the
subdivider, HOLPAL, a California Limited Partnership, and Mohave
County, and
WHEREAS r the purpose of this development agreement is to
guide the future development of the property in a timely and
controlled manner as a whole based on an approved preliminary
subdivision plan and as specified in the development agreement as
agreed on by HOLPAL and the County, and
WHEREAS, the development agreement will also allow for the
project to be developed in phases in accordance with the approved
preliminary subdivision plan and specific terms and restrictions
as outlined within the development agreement, and
.
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PAGE 2 OF 29
BK 21S~ PG 705 (FEE~92-71029)
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Resolution No. 92-408
Page 3
WHEREAS,
negotiations
between
representatives
of
the
appropriate Mohave County departments and the subdivider, HOLPAL,
a California Limited Partnership, have resulted in a proposed
development agreement, and
WHEREAS, following the review and discussion of the proposed
development agreement at a work session on October 14, 1992 and a
special meeting on November 10, 1992, the Mohave County Planning
and Zoning Commission recommended approval of the development
agreement with certain amendments recommended by County Planning
and
Zoning staff,
the County Attorney's
office
and the
Commission, which amendments are incorporated in the proposed
development agreement attached to this resolution as Exhibit "A",
and
WHEREAS, the Mohave County Planning and Zoning Commission,
on October 14, 1992 recommended approval, and the Mohave County
Board of Supervisors on November 2, 1992, via Resolution No. 92-
351, approved, pursuant to the Mohave
County Subdi v is ion and
Road Maintenance Regulations, 3.9-2(C) and 3.10-1, an extension
of the preliminary plan approval until October 1, 1993, unless
superseded by a development agreement approved by the Board of
Supervisors.
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PAGE 3 OF 29
BY. 215~ PG 706 (FEEt92-71029)
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Resolution No. 92-408
Page 4
NOW THEREFORE BE IT RESOLVED, as follows:
1.
The development agreement attached as
approved, and its execution and
authorized.
Exhibit "A"
recording
is
is
2. Pursuant to the provisions of the Mohave County
Subdivision and Road Maintenance Regulations, 3.14-1,
the approval of the preliminary plan for Hollingsworth
Ranch, Tract 4111, is extended for a period coterminous
with the effective term of the attached development
agreement.
NOW THEREFORE BE IT FURTHER RESOLVED, the Mohave County
Board of Supervisors, by majority vote, CONTINUED consideration
of this development agreement to their December 21, 1992 special
meeting.
.~~
PASSED, APPROVED AND ADOPTED this
1992.
21st
day of December,
MOHAVE COUNTY BOARD OF SUPERVISORS
~.
airman
PAGE 4 OF 29
BK 2154 PG 707 (FEEt92-71029)
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DEVELOPMENT AGREEMENT
HOLLINGSWORTH RANCH, PHASE ONE DEVELOPMENT
TillS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into
this d,/;Jt day ofTl~b..L(', 1992 by and between
HOLP AL, A California Limited Partnership ("Holpal"), and MORAVE COUNTY,
ARIZONA, a County duly organized and existing under the laws of the State of Arizona
("County").
RECITALS
A. Holpal is the owner of the real property located in Mohave County, Arizona,
legally described on Exhibit "A" ("the Property"). The Property consists of approximately
94L9 acres, in two sections: 318.3 acres in Section 15 and 623.6 acres in Section 11.
B. County is authorized by Arizona Revised Statutes Section 11-1101, et seq., to enter
into development agreements with a landowner or any other person having an interest in
real property.
C. Holpal and County each recognize the importance of there being a general plan to
guide the growth and development of the Property as a whole and each distinct Phase
thereof, and that the provision of basic infrastructure for road, water, sewer, drainage and
other services will require substantial joint planning on the part of Holpal and County.
D. The development of the Property is a project of such magnitude that completion of
such development may take a period of time substantially longer than that considered
normal for development of real property.
E. Holpal has expended and will continue to expend considerable amounts of time
and money in planning for future development of the Property.
F. County has approved, by Resolution No. 90-306 of the County Board of
Supervisors, the rezoning of the Property from the A-R (Agricultural-Residential) zone to
the (SD) R/CIR-MH (Special Development Residential, Commercial, Single Family
Residential Mobile Home Park) zones (the "Zoning Plan"). The approval of this Zoning
Plan for the Property was subject to a condition that the Zoning Plan not become effective
until recordation of a final plat.
G. County has approved, by Board of Supervisor's approval, a Preliminary Plan for
Hollingsworth Ranch, Tract No. 4111 (the "Preliminary Plan"), a copy of which Preliminary
Plan is attached hereto as Exhibit "B". The Preliminary Plan, which includes the entire
Property, both Section 15 and Section 11, illustrates the design, uses and densities which
should be allowed to develop the Property.
H. County has also approved, by Board of Supervisors action, a Final Plat for
Hollingsworth Ranch Tract 4111-A (the "Final Plat" or "Tract 4111-A"), a copy of which
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PAGE 5 OF 2~
BK 215~ PG 708 (FEEt92-71029)
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Final Plat is attached as Exhibit "C". The Final Plat includes a portion of Section 15,
consisting of +/- l61.7 acres.
1. The approval of the Final Plat by the Board of Supervisors was made subject to
the approval and recordation of a development agreement mutually agreeable to Holpal and
County.
J. The South Mohave Valley Area Plan has been modified to permit the development
of the Property in accordance with the Preliminary Plan and Final Plat.
K. Holpal and County are entering into this agreement to provide for, among other
things, the terms, conditions, restrictions and requirements for the construction and
funding of public infrastructure to serve Equivalent Dwelling Units on the portion of the
Property constituting the +/- 318.3 acres in Section 15. This portion of the Property
consists of 1238 Equivalent Dwelling Units, and is referred to in this Agreement as "Phase
One".
L. The portion of the Property in Phase One is proposed to be developed as follows:
PAGE 6 OF 29
BK 21S~ PG 709 (FEE.92-71029)
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BEE019AF
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Starting Development Phase:
Description
Equivalent Agreement
Dwelling Units Reference
103 3.4(b)
142 3.4(b)
319 3.4(b)
161 3.4(b)
3.4(b)
3.4(b)(v)
3.4(b)(v)
725
Subphase A-I 26.1 Ac R-SD
Subphase A-2 34.1 Ac R-SD
Subphase A-3 31.9 Ac R(MH)SD
Subphase A-4 36.7 Ac R-SD
Parcel FF 11.4 Ac Public Use
Parcel EE 3.3 Ac Drainage/Open Space
Parcel DD 18.2 Ac Drainage/Open Space
Tract 4111-A 161.7 Ac (Total Area)
Sub phase B-1 26.0 Ac R-SD +
99
Subphase B-2 33.1 Ac R-SD +
126
Subphase B-3 18.4 Ac R-SD
68
Parcel HH 12.3 Ac R-SD M.F.
220
Parcel AA 36.5 Ac C-SD Commercial
Parcel BB 18.1 Ac Drainage/Open Space
Parcel GG 12.3 Ac Drainage/Open Space
Tract 4111-B 156.7 Ac (Total Area)
513
Total Equivalent Dwelling Units
Phase One:
1238
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PAGE 7 OF 29
BK 2154 PG 710 (FEEt92-71029)
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The foregoing development schedule is conceptual and subject to change in Holpal's sole
and absolute discretion, so long as any change is consistent with the approved Preliminary
Plan; the Final Plat; future final plats for Tract 4111-B with conditions; and this
Agreement, as may be amended.
M. County, through the approval of this Agreement, will limit costs. These costs
manifest themselves in several ways. By law, the County must accept infrastructure for
maintenance constructed to County standards within an approved subdivision, or related to
subdivision approval in the case of offsites. By limiting the amount of infrastructure built,
the County limits its maintenance cost. If the infrastructure is premature to its function or
use, the County limits its liability by limiting exposure. Further, future potential sub-
phase owners will have to comply with the terms, thus simplifying the entire process
because all parties will know what infrastructure improvements are required when
submitting development plans for approval.
N. Prior to the date of this Agreement, (i) Holpal filed with the County the
Preliminary Plan and Final Plat which, among other things, set forth the proposed
development of the Property, (ii) County has conducted public hearings on the Preliminary
Plan and Final Plat and this Agreement, (iii) the County Board of Supervisors has issued
its approval of the Preliminary Plan and Final Plat, and (iv) the County Board of
Supervisors has approved rezoning of the Property.
O. County and Holpal desire to provide in the Agreement for (i) Holpal's assurances
to County that the Property and the Phase One Infrastructure Improvements will be
developed in accordance with the provisions of this Agreement, the Preliminary Plan, the
Final Plat, and future final plats that adhere to the approved Preliminary Plan, and (ii)
County's assurances to Holpal that it will be permitted to develop the Property in
accordance with the provisions of this Agreement, the Preliminary Plan, Final Plat and
future final plats that adhere to the approved Preliminary Plan and that such approval of
the Preliminary Plan shall be for the period of time set forth in this Agreement.
P. County and Holpal acknowledge and agree that the development of the Property
pursuant to this Agreement will result in planning and economic benefits to County and its
residents by (i) requiring the development of the Property to be consistent with the
Preliminary Plan, Final Plat, and future final plats recorded in accordance with the
approved Preliminary Plan, (ii) increasing tax and other revenues to County based upon,
among other things, the construction of improvements on the Property and the use of the
Property for business and residential purposes, and (iii) creating jobs through the
development of the Property and through the operation of new businesses on the Property.
County and Holpal further acknowledge that the development of the Property pursuant to
this Agreement will significantly benefit Holpal by providing it with (i) the ability to
develop the Property in accordance with the Preliminary Plan, Final Plat, and future final
plats recorded in accordance with the approved Preliminary Plan, and (ii) County's
cooperation with Holpal's development of the Property in accordance with the Preliminary
Plan, Final Plat and future final plats recorded in accordance with the approved
Preliminary Plan.
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PAGE 8 OF 29
BY. 215~ PG 711 (FEE~92-71029)
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NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
in this Agreement, County and Holpal state, confirm and agree as follows:
AGREEMENT
1. Incorporation of Recitals. The foregoing Recitals are incorporated into this
Agreement by this reference.
2. Definitions. The following terms and phrases shall have the meaning set forth
below:
Commencement of Construction: That date upon which ground is broken in
connection with the construction of an infrastructure improvement.
Equivalent Dwelling Unit ("EDU"): One single family residence or mobile home
park space.
Exhibits: A complete list of all Exhibits to this Agreement is found immediately
after the signature page.
Collector Street-Phase One (Section 15): The collector street known as
Guadalajara Street.
Phase One Improvement Plan: The plan for the Phase One Infrastructure
Improvements to be constructed for the Property (attached hereto as Exhibit D).
Phase One Infrastructure Improvements: The Two Lane Road Hulet Avenue, the
collector road Guadalajara Street, Highway 95 improvements, the Hollingsworth
Ranch offsite public sanitary sewerage facilities, the water service facilities,
drainage and other services, all as described in Exhibit D.
South Mohave Valley Area Plan: The South Mohave Valley Area Plan map
amendment adopted by County on May 7, 1990, via Board of Supervisors
Resolution No. 90-11, for the real property commonly known as the Hollingsworth
Ranch.
Structural Improvement: The construction or erection of any permanent building
or structure on the property, except fences and those improvements made in
connection with any infrastructure improvements.
Preliminary Plan: The Preliminary Plan for the development of the Property, as
previously adopted by County on October 1, 1990 by Resolution No. 90-265 (copy
of Preliminary Plan attached hereto as Exhibit "B").
Final Plat: Tract 4111-A, Hollingsworth Ranch, as approved via Board of
Supervisors Resolution No. 92-159.
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PAGE 9 OF 29
BK 2154 PG 712 (FEEt92-71029)
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Highway 95 Improvement Plan: A Plan for construction of accelldecel lanes as the
entry on Arizona State Highway 95 in accordance with applicable County
standards, or as approved by the County Engineer and/or the Arizona Department
of Transportation.
3. Infrastructure.
3.1 State Hilrhway 95.
Within six (6) months after execution of this Agreement, Holpal shall cause to be
prepared and submitted to County the Highway 95 Improvement Plan. Holpal
shall be entitled in such Plan to provide that the accelldecel lanes may be phased,
as required for usage. "T" intersections may be permitted without triggering the
requirement for accel/decellanes for development of portions of Phase One until
the increased traffic on Highway 95 attributable to development exceeds the
numbers as set forth in 3.4(b)(iii). It is understood and agreed that the sole
responsibility of Holpal with reference to Highway 95 is the accelldecellanes as set
forth in the Highway 95 Improvement Plan. If County disapproves of the
Highway 95 Improvement Plan, it shall promptly notify Holpal in writing of such
disapproval, which notification shall set forth in reasonable detail the portions of
the Plan disapproved by County and the reason for such disapproval. If County
has reasonably disapproved of the Plan, Holpal shall amend the Plan to address
the matters that formed the basis of County's disapproval.
3.2 Phase One Wastewater Service Plan.
A Wastewater Service Plan showing the plan for Phase One sewer
improvements has been prepared by Holpal, and is attached as Exhibit E.
It shall be subject to approval by the Mohave County Department of Health
and Social Services and must also be approved by Arizona Department of
Environmental Quality (ADEQ) prior to construction. Holpal shall provide
County with evidence of an agreement for sewage conveyance and
treatment capacity from the Ft. Mohave Tribal Utility Authority (the
"Authority"). If the plan for off site improvements changes (such as by
action of the Authority), Holpal shall be entitled to modification of the
Wastewater Service Plan upon review and approval by administrative
action through the appropriate agencies.
3.3 Required minimum infrastructure.
Below are descriptions of the Phase One Infrastructure Improvements
described with more specificity in the Phase One Improvement Plan that
must be constructed prior to the development of the Equivalent Dwelling
Units on Phase One as provided in Paragraph 3.4(b);
(a) Highway 95. Construction of the accelldecellanes designated in the
Highway 95 Improvement Plan.
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PAGE 10 OF 29
BK 215~ PG 713 (FEE~92-71029)
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(b) Collector Street -- Phase One. Construction of the collector street
known as Guadalajara Street with associated infrastructure:
wastewater, water, telephone, electric and other ancillary services,
with appropriate stub outs.
(c) Grading and Drainage. Grading and drainage requirements for
Section 15 within the boundaries of the Preliminary Plan for Tract
4111 identified in the Drainage Study for Hollingsworth Ranch (the
"Drainage Study"), attached as Exhibit "F".
(d) Sewer. Sewer infrastructure of the Authority will connect at
Highway 95 and Guadalajara Street, thence westward through the
tract, following Guadalajara Street, to convey the total lot density
approved in the Preliminary Plan for each parcel within Section 15.
The specific reaches which may require augmentation are
conceptually depicted on Exhibit E.
(e) Hulet Avenue. Construction of the two lane road known as Hulet
("Hulet Avenue "). (See Exhibit D).
3.4 Responsibility for funding and construction of Phase One Infrastructure
Improvements.
(a) Responsibility; funding; reimbursement. Holpal shall be responsible
for causing the Phase One Infrastructure Improvements required by
Exhibit D to be constructed. The parties contemplate that the
Phase One Infrastructure Improvements may be funded by: (i) an
improvement district (or, if permissible, a community facilities
district), (ii) a development fee ordinance, (iii) with regard to the
Phase One sanitary sewerage facilities, at Holpal's own expense
pursuant to a sewer development agreement, (iv) at Holpal's own
expense, or (v) any combination of the foregoing. The use of one or
more of the foregoing funding techniques shall be as subsequently
agreed by the parties, provided County has the authority to use the
selected funding technique and has implemented that authority.
County shall have no obligation to construct the Phase One
Infrastructure Improvements. Any Phase One Infrastructure
Improvements which are constructed by an improvement district,
community facilities district or by adoption of a development fee
ordinance which includes all of the Property, shall no longer be the
responsibility of Holpal to the extent so constructed. Nothing in
this Agreement shall be construed to limit the reimbursement from
development fees to Holpal or County of any cost of construction of
the Phase One Infrastructure Improvements.
(b) Phasing of Phase One Infrastructure Improvements.
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PAGE 11 OF 29
BK 2154 PG 71~ (FEEt92-71029)
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(i) Phase One offsite public sanitary sewerage facilities: Holpal
shall not be entitled to receive County permits for the
construction of any Structural Improvement on Phase One
unless and until commencement of construction of the Phase
One off site public sanitary sewerage facilities per the
Wastewater Service Plan or Holpal has provided County with
assurances acceptable to County that such construction will
be completed in accordance with Article 5 of the County's
Subdivision Regulations as it may be amended from time to
time. Occupancy permits shall not be issued for any Phase
One Structural Improvement until it has been connected to
the public sanitary sewerage system in a manner acceptable
to County.
(ii) Highway 95 Improvement Plan: Holpal shall not be entitled
to receive County permits for the construction of any
Structural Improvement on the Property that results in any
Equivalent Dwelling Units on the Property unless and until
the completed Highway 95 Improvement Plan referenced in
3.1 above has been approved by County.
(iii) Highway 95 Improvements: Upon the completion of Highway
95 Improvement Plan, County and Holpal shall mutually
determine the number of Equivalent Dwelling Units that may
be developed prior to the construction of one or more of the
Highway 95 accelldecel lanes (hereafter the Highway 95
Improvements). After such determination, Holpal shall not
be entitled to receive County permits for the construction of
any Structural Improvements on the Property that result in
greater than the number of Equivalent Dwelling Units on the
Property mutually determined by Holpal and County as
outlined above unless and until the commencement of
construction of the Highway 95 Improvements or Holpal has
provided County with assurances acceptable to County that
such construction will be completed in accordance with
Article 5 of the County's Subdivision Regulations as it may
be amended from time to time. The number of Equivalent
Dwelling Units mutually determined by County and Holpal to
be permitted on the Property shall be that number as
approved by the County through administrative action of its
Planning Department.
(iv) Hulet Avenue: Holpal shall not be entitled to receive County
permits for the construction of any Structural Improvement
on Subphase A-1 (26.1 Ac, 103 EDU) until commencement of
construction of Hulet Avenue. Occupancy permits shall not
be issued for any Structural Improvements in Subphase A-1
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PAGE 12 OF 29
BK 215~ PG 715 (FEE~92-71029)
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until the Hulet Avenue improvements are completed or
Holpal has provided County with assurances acceptable to
the County that such construction will be completed.
(v) Grading and Drainage Requirements: Holpal shall be
responsible for the construction of Phase One drainage
facilities and grading. Holpal and County further
acknowledge and agree that the design of Phase One
drainage facilities and grading shall be governed by the
Drainage Study. Holpal and County contemplate that the
actual development of Structural Improvements may occur in
one or more subphases, as described in Recital L, requiring
the submittal of final plats for such subphases as provided in
Section 5.2. Any drainage studies or plans for drainage
facilities and grading submitted in connection with such final
plats shall conform to the Drainage Study. Prior to
construction of any Structural Improvements in any
subphase, Holpal will be required to implement such
additional infrastructure improvements, including any
roadway, grading, and drainage related improvements, as
identified in the approved Preliminary Plan and Drainage
Study, as determined necessary by the County Engineer, to
allow the subphase to be a stand-alone development. Any
studies or plans for infrastructure, drainage facilities, or
grading submitted in connection with such subphase final
plats shall conform to this Agreement and the approved
Preliminary Plan and Drainage Study. Holpal shall not be
entitled to receive County permits for the construction of any
Structural Improvements on such subphases until the
completion of construction of infrastructure, drainage, and
grading identified by the Final Plat(s) and as-built
construction plans or Holpal has provided County with
assurances acceptable to County that such construction will
be completed in accordance with Article 5 of the County's
Subdivision Regulations as it may be amended from time to
time.
(vi) Collector Street -- Phase One: Holpal shall not be entitled to
receive County permits for the construction of any Structural
Improvement on the Property that results in any Equivalent
Dwelling Units on the Property (except for 103 Equivalent
Dwelling Units located in Subphase A-1, 26.1 acres, as
provided in Section 3.4(b)(iv) above) unless and until
commencement of construction of the Collector Street --
Phase One to the extent specified in Exhibit D. Occupancy
permits shall not be issued for any Structural Improvements
until the Collector Street -- Phase One improvements related
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PAGE 13 OF 29
3K 2154 PG 716 (FEE~92-71029}
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to such Structural Improvements are completed or Holpal has
provided County with assurances acceptable to County that
such construction will be completed in accordance with
Article 5 of the County's Subdivision Regulations as it may
be amended from time to time.
(c) Phasing of infrastructure improvements for future development
phases. Holpal and the County contemplate that the parties will
enter into one or more development agreements similar to the
Agreement which will describe with more particularity the
infrastructure improvements associated with each phase of
development of that portion of the Property not included in Phase
One and the timing of construction of such infrastructure
improvements. Like the Agreement, these future development
agreements will be in conformance with and implement the Zoning
Plan and Preliminary Plan. Holpal shall not be entitled to receive
County permits for the construction of any Structural Improvement
which would result in Equivalent Dwelling Units on any portion of
the Property not included in Phase One unless a development
agreement applicable to the phase of development on that portion
of the Property is entered into by Holpal and the County or County
receives other assurances that such infrastructure improvements
associated with a phase of development will be constructed in
accordance with Article 5 of the County's Subdivision Regulations as
it may be amended from time to time.
(d) Modification of sequencing. The sequencing of the construction of
the Phase One Infrastructure Improvements may be modified or the
permitted number of Equivalent Dwelling Units increased or
decreased by a formal written amendment to this Agreement if
Holpal and County so agree and either:
(i) With respect to Hulet Avenue and Collector Street -- Phase
One, actual trips generated by the Equivalent Dwelling Units
are determined by County measurement, under usage
standards and guidelines commonly used by County in
connection with such improvements, to be more or less than
anticipated on the date of execution of this Agreement; or
(ii) With respect to the Phase One offsite public sanitary
sewerage facilities, the Authority, using standards and
guidelines commonly used by Arizona Department of
Environmental Quality in connection with sewerage facilities,
determines that more or fewer Equivalent Dwelling Units can
be accommodated within Phase One, and County approval is
given by the appropriate County department or agency.
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PAGE 14 OF 29
BK 2154 PG 717 (FEE~92-71029)
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4. Infrastructure dedication; operation; maintenance. All infrastructure
improvements shall be constructed in a good and workmanlike manner and in
accordance with all applicable laws, codes, ordinance and design standards.
Infrastructure improvements intended to become a part of the County system
shall, after approval by County in accordance with applicable laws, codes,
ordinances, rules and regulations, be dedicated to County. Thereafter, County
shall accept the dedication and be solely responsible for the operation and
maintenance of the infrastructure improvement.
5. Development rights.
5.1 Effect of recordation of the Final Plat on the Zoning Plan. Holpal and
County acknowledge and agree that upon recordation of the Final Plat
County shall not unless requested by Holpal, rescind or modify the Zoning
Plan during the term of the Agreement. Further, County shall not during
the term of the Agreement, adopt by ordinance, resolution or
administrative directive or policy any land use regulation, rule, moratorium
or other limitation on the density, intensity, rate, timing or sequencing of
development permitted on the Property under the Zoning Plan and
Preliminary Plan for Tract 4111 except as may be necessary to: (i) comply
with any state or federal laws or regulations, provided that if any such
state or federal law or regulation prevents or precludes compliance with
any provision of this Agreement, such affected provision shall be modified
as may be necessary in order to comply with such state or federal law or
regulation; (ii) alleviate or otherwise contain a legitimate, bona fide threat
to the health or safety of the general public, in which event any ordinance,
rule or regulation to be imposed in an effort to contain or alleviate such
threat may be imposed only after public hearing and comment and shall
not, in any event, be imposed arbitrarily; or (iii) adopt and enforce regular
amendments to County's building and fire safety codes promulgated by its
model code publisher. Nothing in this Agreement shall be interpreted to
restrict any development rights obtained by Holpal pursuant to common
law based on investment in Phase One.
5.2 Effectuation of Zoning Plan in Phase One. Holpal and County
acknowledge and agree that single-family, multi-family and mobile home
park development on the single-letter parcels and double-letter parcel "HH"
identified on the Final Plat may require the submittal and approval by
County of one or more final plats for such parcels. Holpal and County
further agree that the zoning designations for those parcels approved by
the Zoning Plan shall become effective upon the recording of such final
additional plats.
5.3 Extension of Preliminary Plan Approval. Notwithstanding the provisions
of Sec. 3.9-2(B) of County Subdivision and Road Maintenance and
Regulations, Holpal and County desire that County's approval of the
Preliminary Plan continue unabated for the term of this Agreement.
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PAGE 15 OF 29
BK 215~ PG 718 (FEEt92-71029)
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Consequently, County agrees that the Preliminary Plan is hereby extended
for a period coterminous with the term of the Agreement.
6. Representatives; default; cure period.
6.1 Appointment of representatives. County and Holpal each shall designate
and appoint a representative to act as a liaison between County and its
various departments and Holpal. The initial representative for County
shall be the County Manager, and the initial representative for Holpal shall
be its Project Manager, as identified by Holpal from time to time in writing
pursuant to Paragraph 7.1. The representatives shall be available at all
reasonable times to discuss and review the performance of the parties to
this Agreement and the development of the Property pursuant to the
Preliminary Plan, Final Plat and future final plats recorded in accordance
with the approved Preliminary Plan.
6.2 Default: cure period. Failure by either party to perform or otherwise act in
accordance with any term or provision of this Agreement for a period of
thirty days after written notice thereof from the other party, shall
constitute a default under this Agreement; provided, however, that if the
failure or delay is such that more than thirty 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 the thirty 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 thirty days, the non-defaulting party shall have all rights and
remedies which may be available under law or equity including without
limitation the right to specifically enforce any term or provision hereof
and/or the right to institute an action for damages.
7. Notices and filings.
7.1 Manner of serving. All notices, filings, consents, approvals and other
communications provided for herein or given in connection herewith shall
be validly given, filed, made, delivered or served if in writing and delivered
personally or sent by certified United States Mail, postage prepaid, return
receipt requested, if to:
County:
Mohave County
809 East Beale Street
Kingman, Arizona 86401
Attn: David J. Grisez, County Manager
Pat Chastain, Clerk of the Board
12
BEE019AF
PAGE 16 OF 29
BK 215~ PG 719 (FEE~92-71029)
. .
Copy to: William J. Ekstrom, Mohave County Attorney
315 North Fourth Street
Kingman, Arizona 86401
HOLP AL: Holpal
380 South Euclid Avenue, No. 201
Pasadena, California 91101
Attn: Mrs. Flora Hurschler
Copy to: Mr. Frank Bangs, Esq.
Lewis and Roca
Suite 700
1 South Church Avenue
Tucson, Arizona 85701-1620
or to such other address as either party hereto may from time to time
designate in writing and deliver in a like manner.
7.2 Mailin~ effective. Notices, filings, consents, approvals and communication
given by mail shall be deemed delivered upon receipt or seventy-two hours
following deposit in the U.S. mail, postage prepaid and addressed as set
forth above, whichever first occurs.
8. General.
8.1 Waiver. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver by County or Holpal 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.
8.2 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. The signature
pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument.
8.3 Ca~tions. The captions or descriptive headings of the paragraphs of this
Agreement are inserted for convenience only and shall not control or affect
the meaning or construction of any of the provisions hereof.
8.4 Adoption of Agreement. This Agreement shall be approved and adopted by
the Mohave County Board of Supervisors as the County's governing body
by duly adopted resolution or ordinance.
8.5 Further Acts. Each of the parties hereto shall execute and deliver all such
documents and perform all such acts as reasonably necessary, from time to
13
BEE019AF
PAGE 17 OF 29
BK 215~ PG 720 (FEE~92-71029)
.
.
time, to carry out the matters contemplated by this Agreement. Without
limiting the generality of the foregoing, County shall cooperate in good
faith and process in a reasonably timely fashion any requests and
applications for plat or permit approvals or revisions, and other necessary
approvals relating to the development of the Property by Holpal and its
successors, which approvals will not be unreasonably denied.
8.6 Successors. All of the provisions hereof shall enure to the benefit of and be
binding upon the successors and assigns of the parties hereto as covenants
running with the land. Holpal and County expressly acknowledge and
agree that Holpal may sell all or some of the Property prior to the
development of same by Holpal. In the event of such sale, Holpal shall no
longer have any obligations hereunder with respect to the portion of the
Property so sold. Notwithstanding anything to the contrary contained
herein neither Holpal nor any purchaser of any portion of the Property
shall be required to complete all or any part of the Phase One
Infrastructure Improvements; provided, however, the County shall have no
obligation to issue building or other permits with respect to any portion of
the Property for which the Phase One Infrastructure Improvements
required hereunder are not constructed.
8.7 Term. Except as provided below, the term of this Agreement shall
commence on the date of execution by both parties hereto and shall
automatically terminate on the eighth annual anniversary of such date;
provided, however, that either party hereto shall have the right to extend
the term hereof for one additional period of eight years upon written notice
delivered to the other at least one year prior to the expiration hereof.
8.8 No partnership. It is not intended by this Agreement to, and nothing
contained in this Agreement shall, create any partnership, joint venture or
other arrangement between Holpal and County.
8.9 Entire a~eement. This Agreement constitutes the entire agreement
between the parties hereto pertaining to the subject matter hereof. All
prior and contemporaneous agreements, representations and
understandings of the parties, oral or written, are hereby superseded and
merged herein.
8.10 Amendment. No change or addition is to be made to this Agreement except
by a written amendment executed by the parties hereto. Within ten days
after any amendment to this Agreement, such amendment shall be recorded
in the official records of Mohave County, Arizona.
8.11 Good standing: authority. Each of the parties represents and warrants to
the other that (i) it is duly formed and validly existing under the laws of
Arizona or California, (ii) it is duly qualified to do business in the State of
Arizona and is in good standing under applicable state laws, and (iii) the
14
BEE019AF
PAGE 18 OF 29
BK 215~ PG 721 (FEE~92-71029)
.
.
individuals executing this Agreement on behalf of the respective parties are
authorized and empowered to bind the party on whose behalf each such
individual is signing.
8.12 Governin~ law. This Agreement shall be construed and interpreted under
the laws of Arizona.
8.13 Recordation and effect. This Agreement, except for Exhibits B through F,
shall be recorded in its entirety in the Official Records of Mohave County,
Arizona, not later than ten days after its execution. This Agreement shall
constitute covenants that run with the land and are binding on successors
in interest, subject to Paragraph 8.6. Exhibits B thorough F, which are too
voluminous and/or not in an appropriate form for recording, shall be
available for review and inspection during normal business hours at:
The Office of the Mohave County
Board of Supervisors
809 East Beale Street
Kingman, Arizona 86401.
8.14 No Holpal representations. Nothing contained in this Agreement shall be
deemed to obligate County or Holpal to complete any part or all of the
development of the Property.
8.15 Termination for conflict. County, pursuant to A.R.8. ~ 38-511, may
terminate this Agreement without penalty or further obligation, within
three years after its execution, if any person significantly involved in
initiating, negotiating, securing, drafting or creating the Agreement on
behalf of County is, at any time while the Agreement or any extension of
the Agreement is in effect, an employee or agent of any other party to the
Agreement in any capacity or a consultant to any other party of the
Agreement with respect to the subject matter of the Agreement.
8.l6 Construction of Agreement. This Agreement has been arrived at by
negotiation and shall not be construed against either party to it or against
the party who prepared the last draft.
8.17 Exhibits. The exhibits listed on the page immediately following the
signature page are attached hereto and shall be deemed to have been
incorporated herein by this reference with the same force and effect as if
fully set forth in the body hereof.
15
BEE019AF
PAGE 19 OF 29
BK 2154 PG 721 (FEE~92-71029)
.
.
In witness whereof, the parties have executed this Agreement
the day and year first above written.
APPROVED AS TO FORM:
A1urw~ y ~uLVLf-
Deputy County Attorney
MORAVE COUNTY
~~f--
PatHolt, Ch nnan of the Board
of Supervisors
By
HOLPAL, a California Limited Partnership, by F.H.H., Inc., a
California corporation and HOLPAL'S general partner
By
~~. (1~~
Flora H. Hurschler, President of F.H.H., Inc., a California
corporation and HOLPAL'S general partner
STATE OF ~~~~~
) SSe
County of Moha.t'e- )
/...07.ANtj6LG7
The foregoing document was acknowledged before me this rag day of ~flIl8eR-
_, 1992 by Flora H. Hurschler, President of F.H.H., Inc., a California corporation and
general partner of Holpal, a California Limite~;a~~
Notary Public
My Commission Expires: I-I :f"-q!
16
BEE019AF
PAGE 20 OF 29
BK 2154?G 723 (FEE~92-71029)
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
.
.
EXHIBITS TO
DEVELOPMENT AGREEMENT FOR
HOLLINGSWORTH RANCH PHASE ONE DEVELOPMENT
Description of "the Property", consisting of approximately 941.9 acres. First
reference is in Recital A.
Preliminary Plan 4111, which includes the entire Property adopted by
Mohave County on 10/l/90, Resolution 90-265. First reference is in Recital
G.
Final Plat for Hollingsworth Ranch Tract 4111-A; includes a portion of
Section 15, + 161.7 acres. First reference is in Recital H.
Phase One Improvement Plan. First reference is in Definitions, Section 2.
Phase One Wastewater Service Plan; describes sewer improvements for
improvements to Section 15. First reference is in Section 3.2.
Drainage Study for Hollingsworth Ranch, Sections 11 and 15, Township 18
North, Range 22 West, Mohave County, Arizona (1990). First reference is
in Section 3.3.
PAGE 21 OF 29
BK 215~ PG 72~ (FEE~~2-71029)
17
BEE019AF
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RECORD OF SURVEY
EASTERLV PART OF SECTION 15
TOWNSHIP 18 NORTf-f, RANGE 22 WEST,
~~
T'
1,-=J
\5-
G. & S_Ro & r/l., MOHAVE COUNTY, STATE OF ARIZONA
LEGAL DESCRIPTION
r
,
I
!
>~,
ALL OF SEC'I'ION lS LYlNG EAS-::- OF 'THE EAST E-?UNDARY LINE OF THE FORT MORAVE INDlJill RESERVA'!'IOn
100.TED IN TC"l1SHIP 18 NORX::::1 P..ANGE 22 ...~S~ OF THE GILA A.~D S1-.LT RIVER BASEJ.Jm HERIDIhN, COUNTY OF
MOliAVE,STATE OF ARIZo}:].", E:L::~PTTEESOUTP..:::ASTONE-QUM'TER OF THE NORTHEAST ONE-QUARTER J<.NDTHE
50UTEE.I1.5T ONE-QU1'.RTER OF TE-=- NO:ZTHEAST Ol>E-QU;...'t<;TER OF THE NORT:-iE,~ST O~;:E-QU.;:'_,<TER OF SAID SECTIo.'i 15
.lJ"lDEXCE?T THE RIGHT-Or-WAY ::'>F MOHAVE HIG:f"",AY "95", SUBORDINA'IELY DESCRI3ED BY J'XTES A.\m BOtJNbsJ>.S
FO!,,]jJWS:
COl-'~"lENCING AT' THE, NORTF.::=::.t\ST 2':-:;U;ER Of' SAID SECTION. 15;
TiiD1CE H8S' 20' 26"W hL01;G T?'::=: ::-;ORTH LINE OF TEE NORTHEAST OIH;.,.C.,-,-'A.'tl.TER OF SAID SECTION 15 11. D:t5n,:NCE
OF SO~CO FEET TO THE POINT c.:: B~GIN'IHNG ON TP-E "'EST RlGHl'-OF-..J..Y OF SAID MCHAVt HIGHWAY "95";
THENCE SOO'30'34"W ALONG S~-=.:l \ooI;ST RIGHT-OF-WAY LINE, P1>.RALLEL WITH THE EAST 'LINE OF SAID NORTHEAST
ONE-QUARTER, A DISTANCE OF ~53. 63 FEET TO ':"HE POINT OF INTERSE.CTION WITH THE NORTH. LINE OF SAID
SOUTHEAST ONE-QUARTER OF TF-=: N:ORTHEAST ONE-QUARTER OF THE lWRt-n:AST ONE-QUARTER of SECTION 15;
THENCE N69'19'.;9"W ALONG S~_=::> NORTH LINE A DISTA.."ICE OF 612.32 FEET '1'0 'fHE NO~_Tnl'''EST CORNER OF SAID
ALIQvor FART OF SECTION 15;
TEENCE SOO' 30' 33"h' ALONG TE::: ...'"ESTLINE OF SAID ALIQUOT PA.,1{T OF, SECTION 15 A DISTA..'1CE, OF 663.51 FEET'
TO THE SOUT$.EST COPJ1ER THE?"::::lF:
TEEllCE N89 '19 '10"W ]"WNG TF-:!: ~ORTHLINE Of" SJ..ID SOUTHEAST ONE-Qt.'J-.RTER OF THE NORTHEAST ONr:-QVA..1{T~R
OF' SECTION 15;" D1STA.J<CE OF ~62.32 FEET TO THE NORTffiiEST ,COR.J.;S OF SAID ALIQUOT PART OF SIcnON' 15;
"iE:t.NCE SbO'30'31"W ALOl'G 'n-=:: ....=.:5'1' LINE OF SAID ALIQUOT"I:'ARTOr SE.CTION 15 ADISIANCE at 1,326.77
FEET TO, THE SQUTh,,'EST CIJRKE? ':"R!:r:;,EOF;
THENCE S89.17'53"E ALONG Tn.=: ~ORTH LINE OF TIiEEJ>_STO:HE.,.HALF OF THE SOUTHEAST ONE-QUAATEROF SAID
SECTION 15 A DISTANCE OF 1,47~.63FEET TO THE POINT OF INTERSECTION WITH SA!D WEST RIGHT-Or-WAY
LINE OF MOR;VE HIGHWAY "95";
THENCE SOO'29'29"W Al.oN"G'SJ._=:) }.;EST RIGHT-OF-WAY LINE, 50.00 FEET WEST OF )..ND P)'.RALLEL WITH THE 'EAST
LInE OF SAID SOUTHEAST ONE""",",::':':_~_><:TER, A DISTJ.J1CE O:t' 2;655.08 FEET TO THE SOUTH LINE OF SAID SOUTHEAST
ONE-QUARTER;
THEllCE 1"89' 14 '4i "\01 ALO}<G SJ..=:::::SOUTH LINE A DISTA-'~CE OF2, 600. O~ FEET TO THE SOUTH CllE-QVJilrrER OF
SAID SECTION 15i
TEF.I<O: N~9'13'15"W AL.Q}1G TP.:=: $Oi....TH LINE OF THE soeTHwEST ONE-Q:;_~.RTER'OF SAID ,sECTION 15 A D1S~ANCE
OF 455.06 FEET 1'0 THE PoINT ::;:- :!NTERSEC'rtO?; WI"!'H SAID EAST BOt:!'DJ:.R'i LINE OF THE fORT MO!"J,VE, INDIJ..N
RESERVATIO!< .;.
THENCE N02"06'07"E ALONG SA=::l D.S! B6uND.z..RY LINE A DISTANCE OF 132.02 FEET TO THE ,EIGHT (8) MILE
}'.ARK;
THENCE N01"28'07"E CONTINUI~~ ALONG SAID
POINT OF INTERSECTION WITH ~~E EAST-WEST
THENCE CONTINUING N01'28'07.~ ALDNG SAID
AND ONE-R~LF (7-1/2) MILE ~-~-~,;
THENCE N01. 33' 3a"E CONTINUI~::; A::..oNG SAID EAST BOUNDA.t:tY LINE A DISTJU1CE OF
POINT OF INTERSECTlON liITH 7-'::::: NORTH LINE OF THE NORTHWEST ONE-QUARTER 'OF
THENCE 5;9' 23' 56"E ALONG S)._=:J NORTH LINE A DISTAJ-iCE OF 360.63 FEET TO THE
OF S.UD SECTION;
THENCE SB9'20'28"E ALOllG SA=:) NORTH LINE OF THE NORTHEAST ONE~UARTER OF SAID SECTION A DISTANCE OF
2,599.31 FEET TO THE pOINT OF BEGI~NING;
EJ;..5T BOUNDARY
CENTERLINE. OF
UST Bm}ND1\.Ry
LINE
SAID
LINE
A DISTANCE
SECTION;
A DISTA."lCE
OF 2,520.27 FEET TO THE
OF 126_08 FEET TO THE SEVEN
2,526.11 FEET TO THE
-SAID SECTION;
NORTH ONE-QUA.'<.TER CORNER
CONTAINING 13,663,829 SQe~ FEET OR 318.2697 ACRES, MORE OR LESS.
VEY NOTES
SURVEYOR'S CERTIFICATION
BASIS OF BEARINGS IS SO.30'34"W AL.ol./G THE EAST LINE OF THE
,/4 OF SECTION J5,BETWEENTHE MON't~.ENTSDESCRIJ3EJj HEREON.
',BAR WI'i'H SURVEY DISK, L.S. fj2337S. ~'AS SET AT 'fHt;: EOUNDARY
;ERS, EXCEPT l-niERE OTHERWISE NOTED.
:DARY DIMENSIONS SHmm HEREON WITH=N PARENTHESIS ARE PER THE
. B.L~M. OEPENDENT RESURVEY. THOSE SHC~~{WITHOUT P.l.RENTHESIS
-- -'-----_:-ASc_l1T.]\-$.8RE.D ~L1"~_N_S- NE&-T-,.. _~I_N-GnI-n-_,XA:R.CH~,__Hl-9_i}.;.
; SURVEY WAS ,PREPARED. WITHOUT THE BENEFIT OF AU UP~TO-D]\TE
~E COMMITMENT. THE RECORD. IllFORl1ATION, WHICH .15 REFERENCED
:ON, IS THE RESULT OF RESEARCH PERFORMED BY HOLLAND WEST, INC.
IS NOT NECESSARILY COMPLETE OR CO~CLUSIVE.
j SURVEYED SITE IS NOT SITUATED IN 1'. 100 YEAR FLOOD PLAIN OR
lD H~,ZARD ZONE AS DELItlEATEDON F. E. H..1!... FI.ooO n~sUAANCE RATE
110. 0400SB-260SC, DATED SEPTEMBER 16~ 1968.. IT IS SITUATED
,RELY IN ZONE B, AHEM BETWEEN THE 100 YEAR AND THE 500 YEAR
)D LIMITS OR. 'WITHIN THE 100 YEAR LIMITS WI~HhN AVERAGE DEPTH
"ES8 THbN ONE FOOT.
COUNTY ASSESSOR'S RECORDS' LIST THE FOLLO\-"I~'G INFORMATION
:\RDING THIS SITE:
SR: HOLPAL CAI,IFORNIA LTD. PARTNERSHIP
".:OULE 'NOS. 225-22-11 AND 225-22-12
COU}ITY ASSESSOR'S PARCEL NOS. ARE SHOWN IN BRACKETS.
PROPERn:- SHown 1>.ND DESCRIBED HERE0~l IS ZONYD AR,
rCULTUFAL-RESIOENTIAL. THE &TAND~KD SET8AC~S COP~ESPONDING TO
5 ZONING ARE FRONT 20 FT. ,REAR 25 FT.. AND SIDE 5 FT. AND THE
',_.... T"T '"T7'l:" 1TT"1"'::r'. "!"S, r~;'F:. ~,'C::<f'.
DRAINAGE FWWLlNES, ROAD CENTERLIl'ES, ABO"',,':::: .GROUND UTILITIES,
L'CTtJP..AL.JMPROV-EMENTS, MW OTHER MISC. IHPF:O'.'EMEFTS SHO\om BEREOli
FROH THE AEHIAL TOPOGRAI:'HIC SURVEY. OF THE SITE MID i'ROM FI.ELD
SUB.H1ENT OF THE POSITI01lS OIl THE SITE.
SITE SH01'm HEREON ISAl-L OF THEPF.O?ERTYLoCATED IN SECTION 15
JESCRl~EDIN BOOK 1222 AT PAGE 912, HOHAVE COUNTY RECORDS.
:KMARKS:
OF THE I;RASS CAP AT THE NECORNER OF SEC. '15 ELEV. 481.74.
OF THE BRASS CAP AT THE SE CmmER OF SEC. 15 - ELEV. "" 479.02.
"THIS J.f.AP CORRECTLY REPRESENTS A SURVEY MADE BY HE OR UNDER MY
DIRECTION IN CONr9.RK~~~W, ITH THE REQUIRS~NTS OF ARS 33-105 AND
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THIS HAP HAS BEEN EXAMINED FOR CONFOIDWlCE WITH THE "REQUIREMENTS OF
ARS 33-105 AND 33-106 THIS DAY OF , 19
-
HAROLD GANYO
MOHAVE COUNTY ENGINEER
RECORDATION
FILED AND RECORDED AT THE REQUEST OF THE COUNTY, ENGINEER
IN BOOK OF RECORD OF SURVEY PAGE
DEPUTY RECORDER
RECORDER
RECEPTION NUMBER
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PH (303) 773-0020
#100
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AL. T A !';lECORD OF SURVE "I'
PL""NING
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COHSTRUCTIOH HAHAGEHENT
6920 SOUTH HOLLY CIR. #100
EHGlE~OOO. COLORADO 80112
PH (303) 773-0020
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THIS MAP HAS BEEN EXAMINED FOR CONFORMANCE WITH THE REQUIREMENTS Of
ARS ])-105 AND 3)-106 THIS ~ DAY OF 19_
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... flt':6"? lIiTH SUIl"F.'l.OISK, 1;.5. 'i)]15, WAS SET AT THl': BO'JflOAIl'l
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lIF.peOM, ,.5 TilE .P.f.SULl'. Of PESE"'RCH PERfORMED !IY 1I0[,t"'110 I<E':;1'. WC.
AND IS HuT llf.CESSARU..f COIi!':.,-T!": Oft CONeUJSl"E.
PORnONS or l'HIS.SIJIOEYEO SITE ARE SnIJAltO.1H'" 100 'tEA.....fUl<)O
PLAIH OR n.ooo H...t,>;w Z:ONE;"'5 DELI!lE""rEO.Of< r.E.."..... fLoon
INseRANCE Il^,,: MM':> .1'.).. <I'O<l$a'H.<~C" 2~<l5C ""'0 2~I.n<:, Al;~ .DAt.S{)
SEFTE""EIl f6. 1'.l63. .!iE ll"L.o..N"::1!: Ot' Tln~ SlTE IS S[TUATEO HI ZONE
B, ....Il!;:AS Bf."t;;EE" TilE 100 'is...1l "';lD THE 500 Yl:Ml.t.UUT:; OIl.PlITH;tl1
THE 1"<l YEAR LIM!TS WITIi "'N "'IlERAGE Df;PTll 01' L..SS 'fUM<.OtlE roo','.
6. THE COUNTY "'SS:r.SSOil'.S Il!.:CORDS LIST THE fOlWiollNr. INrOI'~'1"'TION
RJ::<:>AR-OWG TillS SITE:
OWNER: HOl.l'.o,[,CJo.LTfOPIlIA I,TO. PAPn'..RSIIIP
SCi,EOUU:.1l0.: 2~5-1a-t111 UIlO "'~E"" 52).5~ "'CRES
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1. TilE PP'W'EIlTY SWJWH. "'!IO OESCRH'ED HEREOtl IS ZONED "'Il,
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10, nit. I-lOf!TIl 42.00 Ftf.l' Of TIlE NORTH,....:;T O,.E~{jU...RTER OF SECTIOIl H,
')f.POH;F..",Vf"UE, IS IlIC;ltf.Of-lI"'l OEOIC...TZO'II'l IlOOK 2e!l' AT PM.f.:;
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11. lIf:I'CIIHAR"~'
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TOP Of TliE lIPAS'; C"'P AT :THE t< l/~ COPNER .Of SEC. II - 1:1.1:11.. _ '7?5-~
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THENCE tlOO'25,'H"E.ALOUC SAID EAST RIGH'r-O:'-I.;.,y UNE, 50.00 n:,:-r FA:,'!' OF
,UlO PAR,.,LLEL .IITH tHE WEST LINE Of TlIE SOUTflHt;ST OU,:-QUAf(TEft OF SAID
SECTION 11,. A DISTANCE Of' '2,611,55 f'EET TO TilE POINT OF INTF;H~;Ec'rIOti WITH
THE: So-UTH LINE Of THE NORTfI;-./EST om;-QUhRTER;
THENCE COllTINUIllGi\LOUC S.!\.In EAST RIGHT-Of-WAY LINE: llOO'26')O"E. PAf<ALLr:L
WITH THE WEST LINE: Of.5AID NORTH",EST ONE-QUARtER A DISTANc;c: OF 2,601.35
FEET TO THE POINT OF INi'E:RSECTlotl WITH 'fHESOUTH RIGHT-'-OF-WA:t [,11-11::; OF SAID
BOUND;"?.Y CO:;E ROAD;
THEtiCE S69.30'15"E ALONG SAID SOUT}! RIGHT-Of-W.l\'l LItrE;, 50.00 n:;:;T SUUTfi.Of
AHD PARALLEL WITH THE IlQRl'H LINE Of SAW llORTHWEST ONE-QUAKfER, A DISTM1Cf:
Of 2,601.55 FEET TO THE POWT Of INTERSECTION WITII THr: WEST LINE: OFTliE
NORTHEAS1" ONE-QlJi!>.P.TER;
THENCE CONTIlWING ALONG SA 10 SOUTH RIGHT-OF-WM' Lwe sa9' 29 '5 l "E FARM.LEI:
WITH THE NORTH LINE OF SA ID UORT-HEAST OUE-QlJARTER A DIS'rANCE Of" 2,609.13
FEET TO THE POINT OF IlITERSECTIOtl WITH THE WEST RIGHT-Of-w,\'{ LINE OF SAW
MOUNTAIN VIEW ROAO;
THfNC!::.SOO'34'41"W ALONG SAID WEST RICHT-Or-WAY LItlE, 42.00 FEET HJ::Sl' O~.
MiD PAR.".t,LEL HITU THE EAST LINE OF SAID UOi{THEAST OI-lE-QUA,HER, A DUTMICE
Of.2,606,46.FEET TO THE f'OINT.Of INTERSECTION WITHT<lt: NORTH LIIIE Of THE
SOUTHEAST ONE-QllARTf:R;
THEliCE.COtiT[NUINr. ALOClG SAID WEST RICHT-OF-K-\'{ LHiE SOO')S'].I"W l'APAl.U::L
WITH THE EAST LItlE 01"511.10 SOUTHEAST Oln>QUARTER A DISTANCE: Of 2,616.60
F.::':': ~'('. T;cF. ,,>,:~." 0,' 1::' ;:>:"C'~-.:' :~~:-:: T:::: ;::':,7;: r..:r.~:::' ::;;. "n_ "[.;
JE:RO~jE RO:>"D,
'nIENCi: U89'2J'06"W ALONG SAID tlORYH RIGHT-Of-WA'i LINE, 42.00 FEET nORTII Or
AND PARALLEl, WITH THE SOUTIl LItlE OF SAID SOUTHEASTOtlE-QUARTER, A Or:.n.tlCE
OF 2,602.62 FEET' TO TriEPO!NT OF IU.TERSECTIOU WITH THE EAST LfllE OF SAID
SOUTHWEST ONE-QUARTER;
THENCE CONTINUING ALONG SAW NORTH RIGHT-OF-WAY LINE N89'2)')5"W PAR';LI,E[,
WITH THE SOUTH LINE OF SAm SOUT!lW~ST ONE-QUARTER A DISTAliCEor 2,594-.31~;g
FEET TO THE POIIIY or Bl':CHnHNG; , m
COtlTAIliHIG 27,165,353 SQUAfU~ FEET OR 621..6107 ACRES,'MORE ORU:SS. I<.J.
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SURVEY NOTES
i
ALl, Or' SECTION 11, TOY/NSHIP 18 NORTH, RAIlGE 22 WEST OF THE GILA MID SALT
RIVER SAS!:: At/D MERIDIAli, COUIITY OF MOH!\VE, STATE OF F<.RLZOIiA, f.lin:PT TH-<:
RIG!iTS-OF-\~A'{ OF MOHA'JE HIGHWAY "95",. BOUHD'IR'i CONE ROAD, MOlfIfT,\rtl VIEW
ROAD, AItD J'EROl1_~: ROAD, suaO?DWAT!'.:C,Y DESCRI!'ISD B'l METES Aim BOUI'OS AS
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