SAGU_02-216_Warranty_Deed_0001.pdf

This document is an Amended and Restated Special Warranty Deed executed on August 5, 2008, by Larry Malcolmson and Sharon Malcolmson to Pima County, Arizona. The deed conveys real property located in Pima County, Arizona, consisting of two parcels: the Northwest Quarter of the Northeast Quarter of Section 21, Township 13 South, Range 12 East (Parcel 1), and the Northeast Quarter of the Northeast Quarter of Section 21, Township 13 South, Range 12 East (Parcel 2), both in the Gila and Salt River Meridian. The property is subject to all existing taxes, assessments, reservations in patents, easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations, and liabilities. The deed includes a perpetual deed restriction that prohibits development, subdivision, or splitting of the property into smaller parcels, except for one authorized split into a Residential Parcel and an Open Space Parcel as legally described in attached exhibits.

The deed restriction runs with the land in perpetuity and is binding upon the grantee, successors, and assigns, intended for the benefit of Pima County citizens. The restriction may only be amended by writing signed by both grantor and grantee and may be enforced by the grantor, grantee, or any third party designated in writing, with remedies including injunctive relief and attorney fees. The restriction does not prohibit certain permitted activities including vegetation removal for habitat improvements, use of water for domestic and agricultural purposes, prescribed fire on areas of 10 acres or less, replacement of existing water infrastructure, construction of roads and trails for recreation and farm access, and wildlife management activities conducted with the Arizona Game and Fish Department. The property descriptions, deed restriction terms, and depictions are detailed in attached Exhibits A, A-1, B, B-1, C, and C-1.