Free Pretrial Order - District Court of Arizona - Arizona


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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DEFENDANTS'/OWNERS' EXHIBIT LIST for USA v. 33.845 ACRES CASE AND USA v. 192.019 ACRES CASE ___ Preliminary Injunction ___ TRO ___ Non-Jury Trial Judge Code: 7026 _X_ Jury Trial Date: August 8, 2006

Case Number: CV 03-2007-PHX-SRB CV 03-2006-PHX-SRB

___ Plaintiff/Petitioner Exhibit No. Marked for ID Admitted in Evidence

_XX_ Defendant/ Respondent

Description Appraisal Reports of Jim L. Sanders, Bend, Velda and 14th Street, dated February 7 and 9, 2005 (revised) as of October 16, 2003. (Note: Defendants will not offer the entire report into evidence unless the Court allows admission of Plaintiff's appraisal report.) (Herein "Sanders' Report") Letters of transmittal to Sanders Reports 2/7/2005 and 2/9/2005 Street Map of Neighborhood Area - Page 18 Sanders' Report Area Topography Map ­ Page 19 Sanders' Report City of Yuma Annexation Map ­ Page 20 Sanders' Report Joint Land Use Planning Area Map ­ County and city of Yuma Joint Land Use Plan ­ Land Use Element, September 1996, Pages LUEii, LUE 1, 2, 7, 14, 24 Current Land Use Characteristics in Neighborhood Area ­ Sanders' Report Page 30 Annual Average Daily Traffic Volume Along County 14th Street ­ Sanders' Report Page 39

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Projected 2026 Traffic Volume in Neighborhood Area ­ Sanders' Report Page 40 YMPO 2003-2026 Regional Transportation Plan Proposed Roadway Improvements ­ Page 87 Sanders' Report Truck Route Map City of Yuma, 2001 ­ Page 86 Sanders' Report City of Yuma General Plan Transportation Element ­ Major Roadways Plan -- Page 43 Sanders' Report Avenue 3E Final Report Proposed Alignment ­ Page 46 Sanders' Report Existing Infrastructure and Services and Planned Improvements ­ Pages 38-47 Sanders' Report City of Yuma General Plan Public Services Element ­ Water ­ Page 51 Sanders' Report City of Yuma General Plan Public Services Element ­ Wastewater ­ Page 53 Sanders' Report Industrial Support and Demand for the Urban Metro Yuma Area ­ Page 59 Sanders' Report Historical Demand for Industrial Space ­ Pages 61-65 Sanders' Report Summary of Land Use Changes Within YMPO Planning Area ­ Page 73 Sanders' Report Roadway Improvements YMPO 2000 Plan ­ Page 88 Sanders' Report Major Roadway Plan City of Yuma ­ Page 89 Sanders' Report Site Data ­ Pages 91-93 Sanders' Report Direct Sales Comparison Appraisal ­ Sanders' Reports Photograph of Bend Property attached to Sanders' Report Looking East Photograph of Bend Property attached to Sanders' Report Looking NNE

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Photograph of Bend Property attached to Sanders' Report Looking Along Avenue A Photograph of Bend Property attached to Sanders' Report Looking West Photograph Velda looking Northwest from Southeast Corner Photograph Velda looking West from Northwest Corner Photograph Velda looking West from Avenue 2E Looking Northwest Marine Base from North Side of Velda The 14th Street Farm looking Northwest Looking West along County 14th Street Industrial Sale No. 1: Summary and Parcel Map, Sanders' Reports Industrial Sale No. 2: Summary and Parcel Map, Sanders' Reports Industrial Sale No. 3: Summary and Parcel Map, Sanders' Reports Industrial Sale No. 4: Summary and Parcel Map, Sanders' Reports Excerpts from Sanders Report on Velda (same items as listed above without any duplicates) Excerpts from Sanders Report on 14th Street (same items as listed above without any duplicates) Location Map of Velda and 14th Street (Dorchester Figure 1) Velda and 14th Street Boundary Measurements (Dorchester Figure II-2) Land Use, City of Yuma (Dorchester Figure II-21 192.019 Acres) 33. Jim L. Sanders Current Statement of Employment, Qualifications, Experience, Training, Education and Testimony.

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Final Environmental Impact Statement for Improved Ordnance Storage for Marine Corps Air Station (MCAS) Yuma, Arizona, July 1999, Cover Page and Pages 1-6, 113 through 1-24, 2-1 through 2-18, 3-11 through 3-20, 343 through 3-44, 4-27 through 4-32, Ed Pastor Letter dated March 27, 1996, William Vowles Letter dated March 9, 1999, Figure C-2, Figure C-5, Page D-9, Figure D-2, Pages D-11 through D-16, Figure 2.1, and Site Map. Map of Land Use South of MCAS (Figure III-2, Dorchester Appraisal of Bend Ranch) Letter from Stahle to Curtis Regarding Rezoning Case No. 95-32 (Dose) approving rezoning of 32.52 acre parcel to HI. Letter from Manfredi to Merrill regarding Comments on Rezoning Case No. 95-32 (Dose). Yuma County Board of Supervisors Agenda Item Review form for meeting of 7/17/95 regarding Rezoning Case No. 95-32 (Dose)(Approved). Petition for Hearing to Rezone, Case No. 95-32, dated 5/2/95 Memorandum from Holland to Planning and Zoning Commission regarding Rezoning Case No. 95-32 recommending denial of the rezoning, with attached Soils Development Timeliness Assessment. Excerpt of Minutes of Planning and Zoning Commission meeting of June 26, 1995 Regarding Rezoning Case No. 95-32. Letter from Holland to Curtis Regarding date on which Rezoning Case No. 95-32 is to be heard (June 26, 1995). Memorandum from Anderson to Merrell Concerning rightof-way issues regarding Rezoning Case No. 95-32. Letter from Holland to Curtis Regarding date on which Rezoning Case No. 95-32 is to be heard (July 17, 1995).

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Letter from Holland to Curtis Regarding Yuma County Board of Supervisors approval of Rezoning Request to Heavy Industrial (with the condition of completion of a traffic impact study). Easement signed by Dose granting right-of-way to Yuma County (in connection with Rezoning Case No. 95-32). Yuma County Disclosure Statement signed by Dose: Agricultural Disclosure and Avigation Disclosure Regarding Rezoning Case No. 95-32. Disclosure Statement signed by Dose: Yuma County Avigation Disclosure and Yuma County Accidental Potential Zones (APZ-1 and APZ-2) Regarding Rezoning Case No. 95-32. Letter from Dose to Yuma County Planning and Zoning authorizing Spike Curtis to act on Dose' behalf regarding rezoning of Parcel No. 104-09-006A. Map: Senate Bill 1525 Boundaries (from Yuma County 2010 Comprehensive Plan, December 2001) Map: Yuma County 2010 Comprehensive Plan Regional Transportation Plan (from Yuma County 2010 Comprehensive Plan, December 2001) Final Report: Countywide Transportation Plan 1990-2010 CHART of All Industrial Sales of Owners/Sanders/ and Dorchester (Demonstrative) Woodman to Natural Selection Foods Sale (documentation, assessor map, summaries, photographs and maps) T&U Investments/Michael Curtis to Savage Sale (documentation, assessor map, summaries, photographs and maps) Curtis to Edais Sale (documentation, assessor map, summaries, photographs and maps) Curtis to ACS, LLC Sale (documentation, assessor map, summaries, photographs and maps) Page 5 of 30

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Graham to Wilson Sale (documentation, assessor map, summaries, photographs, Affidavit of Property Value and maps; Documents Pertaining to the Graham Property (Affidavit of Property Value, Escrow Instructions, correspondence, Development Agreement, MCAS letters) Woodman to Red River Produce Sale (documentation, assessor map, summaries, photographs and maps) Curtis to Braden Sale (documentation, assessor map, summaries, photographs and maps) Woodman to Natural Selection Foods Sale (documentation, assessor map, summaries, photographs and maps) T&U Investments/Michael Curtis to Savage Sale (documentation, assessor map, summaries, photographs and maps) Curtis to Edais Sale (documentation, assessor map, summaries, photographs and maps) ACP to Curtis Sale (documentation, assessor map, summaries, photographs and maps) DJKM Investments to Skyview Cooling Sale (documentation, assessor map, summaries, photographs and maps) JR Stephens to Bill Jewett Sale (documentation, assessor map, summaries, photographs and maps) Dana to Holbrook Electronics Sale (documentation, assessor map, summaries, photographs and maps) Summary of Industrial Sales-Retail: Demonstrative

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Custis/Perricone to McMurron Trust Sale (documentation, assessor map, summaries, photographs and maps) T&U Investment to Elliott Sale (documentation, assessor map, summaries, photographs and maps) Ethington to Mattern Sale (documentation, assessor map, summaries, photographs and maps) NRS Ranch to Russel Sale (documentation, assessor map, summaries, photographs and maps) Tuffly Enterprises to Loghery Sale (documentation, assessor map, summaries, photographs and maps) Mattern to Millikan Sale (documentation, assessor map, summaries, photographs and maps) Ready Pac to Fisher and Alexander Sale (documentation, assessor map, summaries, photographs and maps) Curtis to Hopstetters Sale (documentation, assessor map, summaries, photographs and maps) Colfred Ranch to Gonzales Sale (documentation, assessor map, summaries, photographs and maps) Summary of Residential Sales: Demonstrative Yuma School District to Pietros Sale (documentation, assessor map, summaries, photographs and maps) Pietros to Lee Homebuilders Sale (documentation, assessor map, summaries, photographs and maps)

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State Land Dept. to HLA, Inc. (Hall) Sale (documentation, assessor map, summaries, photographs and maps) Meyer Farms to Westmont Properties Sale (documentation, assessor map, summaries, photographs and maps) Kutchel to HLA, Inc. (Hall) Sale (documentation, assessor map, summaries, photographs and maps) Summary of Citrus Sales: Demonstrative Rose to Vowles Sale (documentation, assessor map, summaries, photographs and maps) Martin Packing to U.S. Navy Sale (documentation, assessor map, summaries, photographs and maps) Woodman to U.S. Navy Sale (documentation, assessor map, summaries, photographs and maps) DJKM to Carroll and Simpson Sale (documentation, assessor map, summaries, photographs, Affidavit of Property Value and maps) Rancho del Sol, LLC to Galindo Sale (documentation, assessor map, summaries, photographs, Affidavit of Property Value and maps) Rancho del Sol, LLC to Galindo Sale (documentation, assessor map, summaries, photographs, Affidavit of Property Value and maps) Waldrip to U.S. Navy Sale (documentation, assessor map, summaries, photographs and maps) Curtis to Schmidt Sale (documentation, assessor map, summaries, photographs and maps)

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Rose to Vowles Sale (documentation, assessor map, summaries, photographs and maps) Woodman to ACP Sale (documentation, assessor map, summaries, photographs and maps) Bell to Hefner Sale (documentation, assessor map, summaries, photographs and maps) DJKM to Carroll & Simpson Sale (documentation, assessor map, summaries, photographs and maps) Rancho del Sol to Galindo Sale (documentation, assessor map, summaries, photographs and maps) Rancho del Sol to Galindo Sale (documentation, assessor map, summaries, photographs and maps) Bell to Woodman Sale (documentation, assessor map, summaries, photographs and maps) Bell to Woodman Sale (documentation, assessor map, summaries, photographs and maps) Bell to Woodman Sale (documentation, assessor map, summaries, photographs and maps) Woodman to USN Sale (documentation, assessor map, summaries, photographs and maps) ACP to Martin Sale (documentation, assessor map, summaries, photographs and maps) Donly to Tanemura/Curtis/Perricone Sale (documentation, assessor map, summaries, photographs and maps)

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Curtis to ACP Sale (documentation, assessor map, summaries, photographs and maps) Bell to Al-Saihati, Linarez and Lopez Sale (documentation, assessor map, summaries, photographs and maps) Rose to Vowles Sale (documentation, assessor map, summaries, photographs and maps) Bell to Hefner Sale (documentation, assessor map, summaries, photographs and maps) Wayne Kees to ACP Sale (documentation, assessor map, summaries, photographs and maps) DJKM to Peyton and Simpson Sale (documentation, assessor map, summaries, photographs and maps) Curtis to John Stephens (Rogelio) Sale (documentation, assessor map, summaries, photographs and maps) ACP to David Alegria Sale (documentation, assessor map, summaries, photographs and maps) Curtis to Schmidt Sale (documentation, assessor map, summaries, photographs and maps) Slate to Woodman Sale (documentation, assessor map, summaries, photographs and maps) Excerpts Regarding Improvements to 14th St. & Avenue A (from City of Yuma 2004-2009 Capital Improvement Program) Excerpts Regarding Improvements to 14th St. & Avenue A (from City of Yuma 2005-2010 Capital Improvement Program)

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Excerpts Regarding Improvements to 14th St. & Avenue A (from Roadways Plan 2003, City of Yuma, July 15, 2003 Draft) Braden 20-acre sale and 6.6 acres subsequent buy-back map and facsimile to Paul Golub with attachments. Curtis Industrial sale to Hopstetter, map and purchase contract. Curtis Industrial Lot 39 ­ map, final settlement statement and purchase contract. Curtis Industrial Lot 48 ­ map, final settlement statement and purchase contract. Curtis Industrial sale 51 ­ map, final settlement statement and purchase contract. Curtis Industrial Lot 40 ­ map, final settlement statement and purchase contract. Curtis Industrial Lot 63 ­ map, final settlement statement and purchase contract. Kachina 15 acres to Newstar ­ map, final settlement statement and escrow instructions. Kachina 5 acres to Fresh Innovations ­ map, final settlement statement and escrow instructions. Kachina 20 exchange for 40 acres to J.V. Farms ­ two maps, final settlement statement and escrow instructions. 12th Street 20 acres to ACS, LLC ­ map, final settlement statement and escrow instructions. 12th Street 20 acres to ACS, LLC ­ map, final settlement statement and escrow instructions. Per Acre Values Table (Demonstrative) Summary of Paired Sales of L-10: Sale #1: Goldsmith to Tanaka Sale #2: Tanaka to Tuffly Enterprises Sale #3: Tuffly to Loghery (Demonstrative) Chart: Skyview/DJKM/Kachina/ACP transaction (Demonstrative) Page 11 of 30

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8/7/2002 Request for City Council Action - Zoning Code Text and Map Amendment to the Airport District Notes prepared by Mr. Rothermich on August 17, 2004 Map of Principal Yuma Industrial Planned Growth Areas in Yuma County (Page II-40 of Dorchester Report) Letter on rezoning application to Laurie Grimes from T.A. Manfredi re: request for Determination of Compliance for 38 acres of State Land at Avenue A and Airport Loop Road (Gutierrez for a vehicle salvage yard uses to be added within 2 years: large commercial truck/trailer storage/staging ara, storage for large metal shipping containers, an auxiliary to YIA, open air storage, farm/ranch equipment storage, and palm tree nursery sales. Response by Mr. Manfredi to request for zoning in 2000 on behalf of USA/INS from (AG to L-I) for property located at 4035 S. Avenue A. Exhibit to Yuma County 2010 Comprehensive Plan: Figure II-9, Yuma County Regional Transportation Plan. Roadways Plan Map, City of Yuma, Major roadways Plan - 2005 Letter from county administrator to Mr. Curtis on July 24, 1995 re: rezoning case No. 95-32 (Robert and Betty Dose) for a 32.52 acre parcel to HI. Letter dated 8/14/03 to Woodman from Erlenbach approving use of parcel #105-02-009 for a Truss Manufacturing/Assembly Company. Sternitzke Marten rezoning application and attached documents Defendants' Response to Plaintiff's Request for Production of Documents (6 pages) Neighborhood map (from Sanders' Report on Velda Property, page 18) Location Map, Yuma Arizona (Dorchester Figure 1) Land Use, City of Yuma Map (Dorchester Figure II-21)

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Deposition of Thomas Alfred Manfredi Re: 33.845 Acres of Land, taken 9/8/2005 and Exhibits 1-26. (Will only be offered if Mr. Manfredi for some reason does not testify.) Copy of pages 41-53 of Arizona Revised Statutes Re: 288461, et seq. Bend Property Boundary Measurements (Dorchester Figure II-2) Assessor Parcel Numbers (Dorchester Fig. II-1) Excerpts from the Yuma County Zoning Ordinance HI District and II District (Manfredi Deposition Exhibit 6) 13 June 95 Letter to Mr. John Merrill from T.A. Manfredi Re: request by Glen G. Curtis (for Dose) to rezone a 32.52 acre parcel from RA-10 to HI; property located at NE corner of Avenue A and County 14th St. July 24, 1995, Letter to Glen Curtis from James H. Stahle Re: approval to rezone the 32.52 acre parcel to HI with conditions. Current and Historical Yuma County Planning Department Maps Map of Principal Yuma Industrial Planned Growth Areas (Dorchester Figure II-15) Land Uses South of MCAS (Dorchester Figure III-2) Noise Contours, Clear Zones and APZ's (Dorchester Figure II-17) May 7, 2002, Letter to Laurie Grimes from T.A. Manfredi Re: Pride of San Juan adding a cold/process building in 2003. June 28, 1995, Letter to John Merrell from Michael A. Steele Re: a petition to Yuma County Planning Commission to initiate an industrial rezoning of about 900+ acres of property adjacent to and south of MCAS. Land Jurisdiction City and County of Yuma Joint Land Use Study (Manfredi Deposition Exhibit 19) Source: U.S. Dept. of Interior, BLM

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Position Description, MCAS Community Planner (Manfredi Deposition Exhibit 20) Excerpts from MCAS Yuma Masterplan September 2001 1996 Joint Land Use Plan City and County of Yuma 2003 City of Yuma Roadways Plan Map March 27, 1996, Letter to Mark Spencer from Ed Pastor Re: MCAS' plan to acquire 1600 acres of land south of its boundary. Consultant's Alternative Alignment for Avenue 3 ½ E Deposition of Thomas Alfred Manfredi Re: 192.019 Acres of Land, taken 9/8/2005 and Exhibits 1-32 which are: Exhibits 1-26 from Manfredi deposition re: 33.845 Acres (listed above) (Demonstrative) Location Map Yuma, Arizona (Manfredi Deposition Figure I) Access to Subject Property (Manfredi Deposition Figure II-18) Yuma County Planning Department Map Figure II-14 Joint Land Use Plan Map Dorchester Sales Transaction Location Map (Dorchester Report Part V) All Land Uses South of MCAS (Dorchester Figure III-2) Noise Contours, APZ's and Clear Zones (Dorchester Figure III-3) Comparable Sales Notebook used at the deposition of Glen T. Curtis Re: 33.845 and 192.019 Acres of Land taken April 4, 2006. Planning Division Request for Comments, Case Name Toumey Companies/Patterson, request for Conditional Use Permit (CUP) for office/storage facility; Comment dated 8/12/94

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Letter dated 2/13/95 to Michael Steele from T.A. Manfredi Re: Request for CUP by Nicklaus Engineering/Triple S Ranch for commercial use in a Light Industrial District at 780 E. 39th Place, Yuma Letter dated 2/23/95 to John Merrell from T.A. Manfredi Re: request by Glen T. Curtis (for Hendrick) to rezone 10 acres from RA-10 to LI. Letter dated 5/15/95 to Michael Steele from T.A. Manfredi Re: request for CUP by Edais Engg for Yuma Lumber to allow retail sales in HI District. Planning Division Request for Comments, Case Name Blind Investments to rezone property from AG to L-I on E. Palo Verde St., Comment dated 8/8/95 Planning Division Request for Comments, Case Name Toumey Co./VM Investments, request for CUP to expand self-storage facility in a TR District, Comment dated 10/13/95 Planning Division Request for Comments, Case Name City of Yuma/Glenn Curtis, request for rezoning (in conjunction with annexation petition) various properties from County zoning districts to city zoning, Comment dated 10/24/95 Letter dated 10/30/95 to Mike Steele from T.A. Manfredi Re: request by Davey (Superstition Crushing) for CUP to allow concrete batch plant on 24th St. at Avenue 3E. Letter dated 3/15/96 to Monty Stansbury from T.A. Manfredi Re: request by Williams/Lakin to allow disposal of construction and demolition debris and placement of a caretaker residence. Letter dated 4/8/96 to Monty Stansbury from T.A. Manfredi Re: request by Long to rezone 5 acres from R-2 to LI for property located south of County 11 1/4 St. and 660' east of Avenue 5E. Letter dated 4/2/96 to Monty Stansbury from T.A. Manfredi Re: request by Woodman to rezone 3 parcels (30 acres) from RA-10 to LI.

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Letter dated 5/21/96 to Monty Stansbury from T.A. Manfredi Re: request by Undine to allow an RV as a caretakers residence at swap meet in a LI District on Ave 3E. Letter dated 5/31/96 to Monty Stansbury from T.A. Manfredi Re: request by Michael Curtis (for NRS Ranch) to rezone 37.88 parcel from RA-10 to HI. Letter dated 7/2/96 to Monty Stansbury from T.A. Manfredi Re: request by Toman (TNT Farming) to rezone a 19.5 acre parcel from RA-10 to LI located at County 12th St. and Avenue 4 1/2E. Letter dated 10/22/96 to Monty Stansbury from T.A. Manfredi Re: request by Hatch to rezone 1.95 acre parcel from SR-1 to LI located on S. Ave 5E. Private Development Request for Comments, Case No. CU1999-010 dated 10/8/99 Re: request from Arviso Engg (Coronet Foods) for CUP to allow salad processing/storage plant in HI District. Letter dated 11/9/95 to Michael Steele from T.A. Manfredi Re: request to rezone from AG to LI property on East Palo Verde. Letter dated 9/9/96 to Michael Steele from T.A. Manfredi Re: request by Michael Curtis (for Smith, Robbins, Neece) to rezone a 40 acre parcel at Avenue 3E south of 40th St. Letter dated 10/10/96 to Michael Steele from T.A. Manfredi re: request by Woodman (for LFK Enterprises) to rezone 3 parcels of land from LI to B-2 and L-I, located on both sides of Gila Ridge Rd. between Avenue 2-1/2E and Avenue 3E. Letter dated 4/2/97 to John Curts from T.A. Manfredi Re: request by S-E-W Consulting (Lakin) to rezone from AG to HI property located on 3400 block of Arizona Avenue. Letter dated 6/12/97 to Russell Lambert from T.A. Manfredi Re: a change to the requested zoning by S-E-W to rezone all 118 acres to HI.

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Letter dated 6/5/98 to John Curts from T.A. Manfredi Re: request by Carpenter (for Von Verde Limited Partnership) to rezone property from AG to H-I located on Short Way. Letter dated 7/10/98 to Tom Manfredi from Kimberly K. Laughlin re: rezoning the property on Bonanza Avenue to LI and B-2. Letter dated 7/27/98 to Planning Director, City of Yuma, from T.A. Manfredi re: Woodman request and 7th condition to approval of communication tower. Letter dated 8/14/98 to Steve Osborne from T.A. Manfredi re: request by Padron to rezone 19.5 acres from RA-10 to LI, located south of County 18-1/2 St. on east side of Avenue E Letter dated 9/29/98 to Steve Osborne from T.A. Manfredi re: Woodman request to rezone 10 acres from RA-10 to LI at County 12th St. and Avenue 4-3/4E. Letter dated 3/9/99 to Steve Osborne from T.A. Manfredi re: request by Arviso (Griffin Ranches) to rezone 3 parcels (28 acres) from RA-10 to LI, located at NE corner of Avenue 4-3/4E and County 15th St. Letter dated 5/6/99 to John Curts from T.A. Manfredi re: request by Wiseman (for Hettinga) to rezone property on E. Palo Verde St. from AG to H-I. Letter dated 6/7/99 to John Curts from T.A. Manfredi Re: City of Yuma request to rezone property from AG to L-I along Gila Ridge Road. Letter dated 9/8/99 to Kim Laughlin from T.A. Manfredi Re: request by Sandison to rezone property from AG to LI, south of the Union Pacific Railroad and west of Avenue 5E. Private Development Request for Comments, Case No. CU 1999-010 dated 10/8/99 re: request from Arviso Engg (for Coronet Foods) to allow Salad Processing/Storage Plant within H-I District; MCAS comments. Letter dated 4/19/00 to Steve Osborne from T.A. Manfredi Re: request by Cordova to rezone 10 acres from RA-10 to LI, located SE corner of Avenue A ½ and County 16th St. Page 17 of 30

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Letter dated 5/8/00 to Bruce Heckman from T.A. Manfredi Re: request in conjunction with annexation by Rautengerg to rezone property from AG to L-I, located at 4550 E. Hwy 80. Letter dated 5/8/00 to Bruce Heckman from T.A. Manfredi Re: request in conjunction with annexation by Wilson to rezone property at 4550 E. Hwy 80 from AG ti L-I. Letter dated 5/12/00 to Steve Osborne from T.A. Manfredi Re: requests by Zeller (for Donley) to rezone 120 acres at NW corner of County 20th St. and Avenue 1E from RA-10 to HI. Letter dated 5/12/00 to Steve Osborne from T.A. Manfredi Re: requests by Zeller (for Donley) to rezone 120 acres at NW corner of County 20th St. and Avenue 1E from RA-10 to HI and construct/operate a landfill Letter dated 5/30/00 to Bruce Heckman from T.A. Manfredi Re: request in conjunction with annexation by Keck & Assoc (for Haynes and Woodman Trust) to rezone property at Avenue 3-1/2E and 36th St. from AG to L-I. Letter dated 9/13/00 to Steve Osborne from R.D. Rutledge Re: request by Woodman (for Brown) to rezone 59 acres from RA-40 to LI; property located at SE corner of I-8 and Avenue 36E. Letter dated 9/20/00 to Bobette Aken from T.A. Manfredi Re: request by USA/INS to rezone property from AG to LI; property located at 4035 S. Avenue A. Letter dated 9/20/00 to Bruce Heckman from T.A. Manfredi Re: request by Powell to rezone property from AG to B-2; property located at 11353 Avenue 5E. Letter dated 10/17/00 to Maggie Carrasco from T.A. Manfredi Re: request by Tuffly (for Tuffly) to rezone 60 acres from RA-40 to LI; property located at intersection of I-8 and Avenue 40E. Letter dated 12/11/00 to Bruce Heckman from T.A. Manfredi Re: request by Stewart (for Stewart) to rezone property from AG to L-I; located at NW corner of Avenue 4-1/2E and County 12th St.

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Letter dated 12/11/00 to Bobette Aken from T.A. Manfredi Re: request by John and Cindy Hall to rezone property located at 11526 S. Avenue 5E from AG to L-I. Letter dated 12/11/00 to Bobette Aken from T.A. Manfredi Re: request by Woodman (for Woodman Trust) to rezone property from AG to L-I; property locatged at 40th St. and Avenue 4-3/4E. Letter dated 12/11/00 to Bruce Heckman from T.A. Manfredi Re: request by Madison to rezone property located at 11712 Avenue 4-1/2E from AG to L-I. Letter dated 1/5/01 to Maggie Carrasco from T.A. Manfredi Re: request by Easterday (for Fram) to rezone 26.1 acre parcel from LI to HI; property locatged at Avenue 4-1/2E and ½ mile north of US Hwy 80. Letter dated 1/16/01 to Bobette Aken from T.A. Manfredi Re: request by SEW Consulting (for Lakin) to rezone property at 4200 block of 4th Ave. from AG to H-I. Letter dated 1/16/01 to Bobette Aken from T.A. Manfredi Re: request by Michael Curtis to rezone property located at Avenue 3-1/2E and 40th St. from AG to L-I. Yuma County Rezoning Application by Brice Thomas Zeller dated 1/18/01; from AG to HI Letter dated 2/21/01 to Bruce Heckman from T.A. Manfredi Re: request by DeLeon (for Miles Investments) to rezone property at Avenue 4-1/2E south of County 12th St. from AG to L-I. Letter dated 3/9/01 to Bill Cadwallader from R.D. Rutledge Re: request by Zeller (for Donley) to rezone 160 acre parcel at County 19th St. and Avenue 1E from RA-10 to HI. Letter dated 3/23/01 to Matthew Taylor from T.A. Manfredi Re: request by LFK Enterprises, Woods and Gilley to rezone property at Gila Ridge Road and Avenue 3E from AG to L-I. Letter dated 4/9/01 to Bobette Aken from T.A. Manfredi Re: request by Mike Curtis to rezone property at SW corner of 40th St. and Avenue 3-1/2E from AG to L-I. Page 19 of 30

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Letter dated 4/10/01 to Bruce Heckman from T.A. Manfredi Re: request by SEW (for Lakin) to rezone property at 2800 block of Avenue 4E from AG ti L-I. Letter dated 4/13/01 to Bill Cadwallader from T.A. Manfredi Re: request by Oropeza to rezone 5 acres from RA-5 to LI; property located at 3625 E. County 18th St. Letter dated 5/15/01 to Matthew Taylor from Mark E. Condra Re: request by Alford (for Hurt) to rezone property at County 11-1/2 (36th St.) And Avenue 5E from AG to LI. Letter dated 6/1/01 to Matthew Taylor from T.A. Manfredi Re: request by Nicklaus (for GLT-95, LLC) to rezone property at 4701 E. Gila Ridge Road from AG to LI Letter dated 7/9/01 to Bill Cadwallader from T.A. Manfredi Re: request by Zeller (for Donley) to rezone 160 acre parcel at intersection of County 19th St. and Avenue 1E from RA-10 to HI. Letter dated 7/9/01 to Bruce Heckman from T.A. Manfredi Re: request by Shadel (for Rosales) to rezone property at 4450 E. County 12th St. from AG to LI E-mail dated 9/6/01 to Russ Lambert from T.A. Manfredi Re: height limit (site less than 1 mile from ends of both runways) Letter dated 2/4/02 to Bruce Heckman from T.A. Manfredi Re: request by Pea (for G&H Dairies) to allow a milk processing plant within HI District. Letter dated 5/7/02 to Laurie Grimes from T.A. Manfredi Re: request by Pride of San Juan, a lettuce processing and cooler storage facility, for relief from strict interpretation of the uses allowed by ARS 28-8481. Letter dated 6/7/02 to Laurie Grimes from T.A. Manfredi Re: request for Determination of Compliance for 38 acres of State Land at Avenue A and Airport Loop Road; Gutierrez request to place a vehicle salvage yard and vehicles on 10 acres

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Letter dated 6/12/02 to Bob Blevins from T.A. Manfredi Re: request by Evans to rezone two parcels (20 acres total) on east side of Avenue B about 1330 feet north of County 16th from RA-10 to HI. E-mail dated 7/3/02 to Pete Erlenbach from T.A. Manfredi Re: APZ-1; Carr Seeds had a Development Plan approved prior to 12/31/00. Letter dated 7/15/02 to Steve Osborne from T.A. Manfredi Re: request by Williams (for Lakin) to change 64.37 acres from the Resort, Recreation and Open Space land use to Industrial land use designation; located SE corner of Avenue A ½ and County 13th St. Letter dated 8/9/02 to Jennifer Albers from T.A. Manfredi Re: Sellers Petroleum request for a Major Amendment to City of Yuma/Yuma County Joint Land Use Plan, to change current use designation from Agricultural to Industrial for 5.09 acres at Pacific Ave and Cunty 8 St. Letter dated 8/9/02 to Jennifer Albers from T.A. Manfredi Re: request by Lakin for Amendment to JLUP to change from Resort, Recreation to Industrial for 57.91 acres at Avenue A ½ and County 13th St. Letter dated 8/15/02 to Scott Langford from R.B. MacTough Re: request by Amerigas Propane to rezone from AG to I-P; property at 3475 S. Avenue 5E. Letter dated 9/20/02 to Michael Sanders from T.A. Manfredi Re: request by AmeriGas for amendment to JLUP to change use from Mixed Use to Ag/Industrial for 4 acres at 3475 S. Avenue 5E. Letter dated 9/27/02 to Pete Erlenbach from James J. Cooney Re: request for Determination of Compliance by Graham. Letter dated 9/27/02 to Bruce Heckman from T.A. Manfredi Re determination that caretaker's residence is grandfathered. Letter dated 10/7/02 to Maggie Carrasco from T.A. Manfredi Re: request by Valenzuela to rezone a 3.64 acre aprcel from C-1 to LI; located at NW corner of Avenue B and Cunty 16th St. Page 21 of 30

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Letter dated 12/5/02 to Pete Erlenbach from T.A. Manfredi Re: request by Taff to permit wholesale distributorship for industrial and construction supplies that will sell tools, nuts, bolts, etc. at Avenue 3E and north of Palo Verde St. Letter dated 1/6/03 to Pete Erlenbach from T.A. Manfredi Re: request by Watkins to permit replacement/upgrade of frame structure on Yuma County Fair Grounds. Letter dated 2/19/03 to Scott Langford from T.A. Manfredi Re: request by Kammann Development to rezone property at 3830 S. Avenue 4-1/2E from AG to LI Letter dated 5/2/03 to Steve Osborne from T.A. Manfredi Re: request by Didier to change the 2010 Comp Plan Land Use designation for 8.87 acres from Rural Density Resid to Agriculture/Industrial; located at 4360 E. County 13th St. Letter dated 7/9/03 to Gail Gallagher from T.A. Manfredi Re: Minor Amendment Case; north side of County 13th St. between Avenue 4E and Avenue 4-1/4E; change land use for 35 acres from Rural Density Resid to Ag/Indus. Letter dated 7/14/03 to Bob Blevins from T.A. Manfredi Re: request by Flores (for Gonzalez) to allow auto recycle business on 1.76 acres in pending HI district, at 2623 E. 13th St. Letter dated 10/3/03 to Pete Erlenbach from T.A. Manfredi Re: Determination of Compliance request by Bowman to permit office and warehouse and storage of a farming business on LI property; located at NE corner Avenue 21/2E and Palo Verde St. Letter dated 10/3/03 to Pete Erlenbach from T.A. Manfredi Re: request by Olsen (for Phipps) to rezone 11.3 acres from RA-10 to LI; located south of County 12th St. and west of Avenue 4E. Letter dated 10/28/03 to Devra Jeffers from T.A. Manfredi Re: request by Olsen (for Phipps) to rezone 11.3 acres from RA-10 to LI; County 12th St. west of Avenue 4E Letter dated 10/28/03 to Bob Blevins from T.A. Manfredi Re: Re: request by Shupe (for Boegner) to rezone 10 acres from RA-10 to LI; north of County 16th St. and Avenue B

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Letter dated 7/14/03 to Bob Blevins from T.A. Manfredi Re: request gby Flores (for Gonzalez) to rezone 1.76 acres from LI to HI; at 2623 E. 13th St. Letter dated 12/19/03 to Bobette Aken from T.A. Manfredi Re: request by Lakin (for Smitty's Body Shop) to allow auto body shop in HI district; 2655 and 2685 E. 24th St. Letter dated 1/20/04 to Fernando Villegas from T.A. Manfredi Re: request by City of Yuma (for Tang Realty) to rezone 4.13 acres from AG to LI/AO at 1950 E. 12th St. Community Planning Request for Conditions, Case No. Z2004-009 dated 4/22/04; request by Dahl Robins (for Natural Selection Foods) to rezone 20 acres from AG to LI, SW and NW corners of 38th St. and Avenue 3-1/2E. Letter dated 5/7/04 to Bob Blevins from T.A. Manfredi Re: request by Thomas (for BLT Co.) to rezone 16.25 acre parcel from R-1-8 to HI, located at Old Highway 80 and Avenue 31E, Wellton Letter dated 7/6/04 to Bob Blevins from James J. Cooney re: request by Williams Builders to rezone 10 acres on Avenue B and north of County 16th St. from RA-10 to LI. Letter dated 9/7/04 to Gail Gallagher from T.A. Manfredi Re: request by Arizona Clean Fuels (for Bureau of Reclamation and Sherrill) to change the land use designation for 3,313.03 acres from Ag/Rural Preservation to HI; property located north of I-8 between Avenue 43E and Avenue 47E and south of County 6th St. Letter dated 9/8/04 to John Curts from T.A. Manfredi Re: synopsis of JMW Truss property at SE corner of Avenue 3E and Palo Verde and MCAS comments. Letter dated 9/21/04 to Bob Blevins from T.A. Manfredi Re: request by Zeller (for Holland) to rezone 3.70 acres from LI to HI; property is south of 12th St. and between Atlantic Ave. and Avenue 3E. Letter dated 10/18/04 to Bruce Heckman from T.A. Manfredi Re: request by Yuma Terr. Engg (for Sternitzke and Martin) to rezone 13.87 acres from B-2 to LI; located at SE corner of Avenue 3E and 32nd St.

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Community Planning Request for Conditions, Case No. Z2004-022 dated 10/23/04 Re: Request by Dahl Robins (for Ingold) to rezone 91 acres from AG to HI; located north of 32nd St. between Avenue 7-1/2E and Avenue 8E. Letter dated 11/9/04 to Laurie Lineberry from T.A. Manfredi Re: request for Determination of Compliance for proposed self-storage project at 3899 S. Avenue 3E for Carol Engler. Letter dated 11/22/04 to Bob Blevins from T.A. Manfredi Re: request by Moreira to rezone 10 acres from RA-10 to PD; property located on Avenue B and north of County 16th St. Letter dated 11/23/04 to Bob Blevins from James J. Cooney Re: request by Galindo (for Quintera) to rezone 10 acre parcel from RA-10 to LI; located north of County 123/4 St. and west of Avenue 4E. Letter dated 1/10/05 to Bob Blevins from T.A. Manfredi Re: request by Cloud (for Agmart Produce) to rezone 10 acre parcel from RA-10 to PD; located on Avenue B about 400 feete north of County 16th St. Letter dated 1/31/05 to Tom Manfredi from Pete Erlenbach Re: determination of compliance for Engler property on Avenue 3E. Letter dated 2/22/05 to Michael Curtis from Bob Blevins Re: Rezoning case #05-20 for Carroll asking Curtis to consider changing his requested zoning from LI to PD. Letter dated 3/3/05 to Laurie Lineberry from T.A. Manfredi Re: request for determination of compliance by Engler (for RDC-RICAT Co.) to allow two story storage facility on 2.4 acres at 3130 Winsor Ave. Community Planning Request for Conditions, Case No. A2005-010 dated 4/7/05 Re: request by Dahl Robins (for Rogalski) to rezone 2.2 acres from AG to LI, located at SE corner of Avenue 5E and 38th St.

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Document 145-2

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Letter dated 6/2/05 to Pete Erlenbach from T.A. Manfredi Re: request by Bastien Development to build metal building and permit distributorship on each parcel. Property is zoned HI and is in Gateway Plaza Industrial park. Letter dated 6/23/05 to Pete Erlenbach from J.J. Cooney Re: Determination of Compliance for Castillo Trucking to park 4 semi-tractor trailers and build a maintenance shed in APZ1. 1/3/2001 City of Yuma Request for Council Action Zoning Code Text and Map Amendment Ordinance No. 02001-03 titled An Ordinance of the City Council of the City of Yuma, Arizona, Amending Chapter 154 of the Yuma City Code, Sections 154-362 and 154363, as Amended, and Providing a Penalty for Violations Thereof. 1/3/2001 Minutes of Regular Meeting City Council, City of Yuma Airport Zoning and Regulation, Chapter 177, Senate Bill 1393, An Act Amending Sections 28-8461, 28-8481 and 28-8482, Arizona Revised Statutes; Relating to Airport Zoning and Regulation. Sections 28-8461 and 28-8481 of the Arizona Revised Statutes. Communication between Plaintiff and staff members of Yuma County, Arizona between January and April 2002 concerning SB 1393 and SB 1525 Yuma County 2010 Comprehensive Plan, December 2001, pages 4D-6 through 4D-8 Map, Senate Bill 1525 Boundaries, Yuma County 2010 Comprehensive Plan Letter dated December 22, 2004, to All Interested Parties from Monty Stansbury, Planning Director, Yuma County Department of Development Services regarding Amendment to the Yuma County 2010 Comprehensive Plan.

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Color Map of the properties (Schedule D to the Declarations of Taking). Bates No. USDIS000651 MCAS Yuma Agricultural Outlease Composite Map. Bates No. USDIS000652 Color map of location of canals on property owned by the United States. Bates Nos. USDIS000653-USDIS000654 Yuma Mesa Irrigation and Drainage District Boundary Map, August 25, 1966. Bates No. USDIS001511 Map of Inclusions and Exclusions of Land within YMIDD. Bates No. USDIS001512 City of Yuma Street Map. Bates No. USDIS001513 Excerpts from Uniform Appraisal Standards for Federal Land Acquisitions, Washington, DC 2000, Parts (A) 1419; (B) 1-24; (D) 6, 9, 18; Page 16, Section A-13(h(; Pages 83, 34,36, 32, 4, 45, 46, 39, 38. Excerpts from the Appraisal of Real Estate (12th ed. 2001) Chapter 17, 18, 19; Pages 1-11, 437, 417, 427, 434, 435, 436, 433, 422. Excerpts from Eaton, Real Estate Valuation in Litigation (2nd ed. 1980) Pages 118-123. Excerpts from Sanders, Mathematically Modeling Real Estate Data, Appraisal Institute. Dorchester Work File Notes with Bill Moody, Charles Salyer and Nels Rodgers. Rezoning file on Charles Lohn rezoning 51.7 acres Northwest of Bend Property to HI. Yuma/Yuma County Street Map Excerpts USPAP (2005); Sanders 3, Page 88 Yuma County Planning Department Zoning Map December 5, 1984, Revised 12/20/02 Narrative Appraisal Review Memorandum, From Jim L. Sanders to Damien Fellows; Dorchester Appraisal Velda, 14th Street and Bend Properties.

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AirPhotoUSA: Project Area AirPhotoUSA: Braden/AZ Market AirPhotoUSA: West - Airport Industrial Area AirPhotoUSA: Ingold Industrial Area AirPhotoUSA: Yuma Industrial Areas (Wide View) AirPhotoUSA: South Mesa (Wide View) AirPhotoUSA: South Mesa (Close View) AirPhotoUSA: Neighborhood AirPhotoUSA: West to River AirPhotoUSA: Avenue A and 14th Street (Wide View) AirPhotoUSA: Avenue A and 14th St. (Close View) AirPhotoUSA: Avenue A and 14th St. Intersection (Close View) AirPhotoUSA: Bend Property AirPhotoUSA: Bend Property (Close View) AirPhotoUSA: Gila Ridge Road Industrial Area AirPhotoUSA: West/North/East Industrial Areas AirPhotoUSA: East Side Industrial Area AirPhotoUSA: North End Industrial Area AirPhotoUSA: Graham/Wilson Sale View Photograph: Williams Builders Industrial Area, Avenue A & 15-3/4 (no city water or sewer) #2 Photograph: Williams Builders Industrial Area, Avenue A & 15-1/2 (no city water or sewer) #1 Photograph: Sun Leisure Mobilehome Park, 1/4 mile east of Bend Ranch, South side County 14th Street Photograph: Associated Citrus Packers Facility, ½ mile east of Bend Ranch, South side of County 14th St.

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Photograph: Medina Construction, Desert Diamond Industrial Park, 2-1/2E and County 14th St. Photograph: Desert Diamond Self Storage, 2-1/2 E and County 14th St. Photograph: Desert Diamond Industrial Park, 2-1/2E and County 14th St. (South side) View #1 Photograph: JR Stephens to Bill Jewett Dorchester LI-14, Access from 3E Photograph: Stephens to Bill Jewett Dorchester LI-14, Access from 2-3/4E Photograph: Mayberry's Custom Metal 3E and 14-1/4 Photograph: Select Seed 3E and 14-1/4 Photograph: DJKM to Skyview ("12th St. Ranch") Dorchester LI-13 View #2 Photograph: DJKM to Skyview ("12th St. Ranch") Dorchester LI-13 View #1 Photograph: Advanced Cooling, East Airport Photograph: Woodman to Red River Produce 3/19/04 sale @ $42,500 per acre Photograph: Sternitzke/Martin 32ns St. and 3E Photograph: Graham/Wilson Property APZ-1 Photograph: Milk Plant APZ-2 Photograph: Weyerhauser Plant Gateway Photograph: B & L Amusement, West Airport Photograph: Air Cargo Facility, Future Location, West Airport Photograph: Russell Coil Factory, West Airport Page 28 of 30

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Photograph: New Tower, West Airport Photograph: 780 E. 39th Place, West Airport Photograph: 642 E. 39th Place, West Airport Photograph: Yuma Nursery, West Airport - Avenue A Photograph: Border Patrol - New Facility, West Airport, Avenue A Photograph: Border Patrol - Old Facility (West Airport ­ Avenue A and 12th) Photograph: Swap Meet (West Airport)

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