HomeMy WebLinkAboutResolution 2005-007 agreement with CMID and gladden forest relating to non-potable secondary residential water system facilities within gladden farmsMARANA RESOLUTION NO. 2005-07
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH CORTARO-MARANA IRRIGATION DISTRICT AND GLADDEN
FOREST LLC RELATING TO THE USE OF THE NON-POTABLE SECONDARY
RESIDENTIAL WATER SYSTEM FACILITIES WITHIN THE GLADDEN FARMS
DEVELOPMENT PROJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the Cortaro-Marana Irrigation District (CMID) has certain obligations for
water delivery under its articles, by-laws, rules and regulations; and
WHEREAS, the Gladden Farms development project is transforming land formerly used
for farming purposes and served with irrigation water by CMID to residential housing; and
WHEREAS, the Town has required Gladden Forest LLC, the Developer of the Gladden
Farms development project, to construct and install a non-potable secondary residential water
system for the delivery of non-potable water to each individual lot within Gladden Farms; and
WHEREAS, the Town, CMID, and Gladden Forest LLC desire to enter into an
agreement for the use of the non-potable water system which will allow CMID to comply with
its articles, by-laws, rules and regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the agreement between the Town of Marana, CMID
and Gladden Forest LLC, attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the aforementioned agreement.
IT IS ALSO FURTHER RESOLVED THAT since it is necessary for the preservation of
the peace, health and safety of the Town of Marana that this resolution become immediately
{00000456.DOC/} - 1 -
FdC/cds 12/29/2004 4:30 PM
effective, an emergency is hereby declared to exist, and this resolution shall be effective
immediately upon its passage and adoption. . -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4th day of January, 2005.
maYof'Bobby Sutton, Jr.
{00000456.DOC/}
-2-
When Recorded Retum To:
Ms. Sidney Smith
Cortaro-Marana Irrigation Distdct
12253 W. Gder Road
Marana, Adzona 85653
Pima County, Adzona
AGREEMENT
To: Cortaro-Marana Irrigation Distdct
As the master developer of the Gladden Farms community and on behalf of its owner, Gladden Forest
LLC, ("Gladden Farms"), I am writing to formalize our agreed upon position regarding Gladden Farms, the
Cortaro-Marana Irrigation District (CMID), and the delivery of CMID irrigation water. The legal description
of Gladden Farms property intended to be affected by this agreement is attached and made a part hereof.
Gladden Farms is committed to a long-term, positive, and mutually beneficial relationship between
Gladden Farms and CMID and the Town of Marana. Please be assured that all property owners have
been and will be fully informed that they are acquiring property within the CMID's boundaries, and within
the Town, that the property tax statements include a tax component levied by the CMID, that they will
receive potable water from the Town, but will not be supplied with gravity-fed irrigation water.
Based on the non-potable secondary water system being installed by our agents throughout Gladden
Farms to each lot and to the high-elevation comer of each quarter section, original ownership of which
system is being transferred to the Town, there will be available for transportation to Cortaro-Marana
Irrigation District a supply of pressurized non potable irrigation water eventually available to be delivered
to each property owner and throughout the landscaped common areas. On behalf of itself, its successors
and 'assigns, Gladden Forest LLC agrees it will along with the District, request the Town to grant, and
Town does grant at no expense to CMID such irrevocable right of use of and access to the non-potable
secondary residential water system facilities being installed and easements as necessary to be in
compliance with the bylaws of CMID. *' We understand that this system will not only provide a useable
commodity for each property tax-paying landowner, but will also serve to reduce the potable water
demand throughout the community. The CMID and the Town of Marana should be complimented for
arriving at a solution that provides multiple benefits at a reasonable cost, while still conforming to the
requirements and goals of each organization.
* The Town's grant of this irrevocable right of use and access to the Town's non-potable secondary
residential water system facilities is based on and subject to the assumption that the Arizona Department
of Water Resources (ADWR) will allow CMID to deliver non-potable water through these Town-owned
facilities without adversely affecting the dghts or obligations of either the Town or CMID, absent which
ADVVR allowance the Town and/or Gladden Forrest LLC will, without cost to CMID, otherwise make
available easements and/or rights-of-way sufficient to allow CMID to comply with its Articles, Bylaws,
rules and regulations in the delivery of non-potable water.
GLADDEN FOREST LLC
By:
Dean F. VVingert, Senior Vice President
ACCEPTED by Cortaro-Marana Irrigation District,
Pima County, Arizona, a political subdivision of the
State of Ad/zola
U'Arthur B. Pacheco, Jr.:'Preside[~.,~3MID
ACCEPTED by the Town of Marana, a political
Subdivision of the State of Arizona
By:
Michael Reuwsaat, Town of Marana Manager
STATE OF ARIZONA )
)ss.
County of Pima )
On the ~ day of ,2004, the foregoing instrument was
acknowledged before me by Dean F.Wingert, the Senior Vice President of Gladden Forest LLC, who
confirmed authority to execute the above on behalf of Gladden Forest LLC.
My Commission Expires:
Notary Public
STATE OF ARIZONA )
)ss.
County of Pima )
mh~ fo,regoin~g_,instj~m, ent was ~cknow, le. dge0 before me this//-z// day of '~..~,-~
2004, by/-//2-/~,z.,,.p 7~. ~-'/4-,~,~,/~the y5//'2~ f,,:,~/~,7'-of Cortaro-Marana Irrigation District, Pima County,
Arizona, a P01iticai-SubdiVision Of the 's{ate-0f A~r~Z(Jna, who confirmed authority to execute the above on
behalf of Cortaro-Marana Irrigation District.
My Commission Expires:
SIDNEY B, SMITH
Notary Public - Arizona
Pimo County
My Commission Expires
May 6, 2008
Notary Pub~______~/ ' '
-2-
STATE OF ARIZONA )
) SS.
County of Pima )
The foregoing instrument was acknowledged before me this day of ,
2004, by the of the Town of Marana, a political
subdivision of the State of Arizona, who confirmed authority to execute the above on behalf of the Town
of Marana.
My Commission Expires:
Notary Public