HomeMy WebLinkAboutResolution 96-030 variance for west imogene propertyMARANA RESOLUTION NO. 96-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ACTING AS THIE MARANA FLOODPLAIN MANAG~ BOARD, GRANTING A
VARIANCE TO TIM ESCOBEDO, FOR PROPERTY LOCATED AT 14385 WEST II~IOGENE.
WHEREAS, Tim Escobedo is the owner of property located at 14385 West Imogene,
Marana, Arizona and that property is located within the Federal Emergency Management Agency
mapped floodway; and
WHEREAS, the property owner, Tim Escobedo, applied for a building permit for the
placement of a manufactured home on the property located at 14385 West Imogene which was
denied due to the location of the property in the floodway; and
WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant
to the Marana Land Use and Development Code, Title 21, Floodplain and Erosion Ha:rard
Management Regulations, is empowered to grant such variance, and believes that such variance is
authorized by the Land Use and Development Code and is in the best interests of the Town of
Marana, Arizona.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, acting as the Floodplain Management Board, that the variance requested for the
property located at 14385 West Imogene is hereby granted and a building permit shall be issued for
the placement of the manufactured home on the property on the following condition:
The property owner shall execute a hold harmless agreement in a form acceptable to
town staff indemnifying the town from any harm which may occur to the property,
manufactured home or occupants due to flooding.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
16th day of April, 1996.
Town Attorney
Mayor F.~HONEA g
Mam~ ~ R~ol~io~ ~o. 96-30 Page 1 of 1
RELEASE, HOLD HARMJESS AND INDEMNITY AGREEMENT
Dat
INDENINITOR: Tim Escobedo
14385 West Imogene
Marana, Arizona 85653
INDEM1*41TEE: Town of Marana
13251 North Lon Adams Road
Marana, Arizona 85653
RECITALS
A. Indemnitor, Tim Escobedo, warrants that he is the owner of real property located at 14385
West Imogene, Marana, Arizona and more particularly described in the legal description
attached hereto as Exhibit A and incorporated herein by this reference. Indemnitor's property
is located within the Federal Emergency Management Agency (FEMA) mapped Floodway.
B Indemnitee, the Town of Marana, has adopted the Marana Land Use and Development Code,
Title 21 Flood Plain and Erosion Hazard Management Code and such code prevents
replacement of a structure to 150% of the value of an existing structure on property located
with the mapped Floodway.
C. Indemnitor desires to replace the existing structure on the property and Indemnitee, sitting
as the Floodplain Management Board, on April 2, 1996, granted a variance to Indemnitor
allowing him to replace the existing structure on the property on the condition that
Indenmitor execute this hold harmless agreement and provide proof of flood insurance
annually to the Marana Town Clerk.
NOW, THEREFORE, in consideration of the covenants and conditions contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually agree as follows:
Indemnitor, successors and assigns hereby covenants that he shall defend, indemnify, and hold
Indemnitee, its officers, agents, and employees harmless from any and- all claims, demands,
causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever
(including those for costs, expenses, and attorneys' fees) to any person, persons, or property
related to the use of the lands, more particularly described in Exhibit A, now and in the future
by reason of flooding, flowage, erosion or damage caused by water whether surface, flood,
or rainfall. It is further understood and agreed that drainage shall not be altered, disturbed
or obstructed other than as approved by the Marana Mayor and Council on April 16, 1996
Pagel of2
without the written approval of the Town of Marana Mayor and Council.
2. Indemnitor further covenants that this hold harmless agreement is intended to include all
residents, guests, trespassers and any other user of the property, whether such use is with or
without the permission of the property owner or anyone in possession of the property.
3. Indemnitor finther covenants that he, his successors and assigns shall purchase adequate flood
insurance on the property in perpetuity and shall provide proof of such insurance to the
Marana Town Clerk annually.
4. Indemnitor and Indemnitee agree that this hold harmless agreement is a covenant running with
the land and shall be recorded in the chain of title for the property and will be binding on all
of Indemnitor's heirs, successors, in interest and assigns in said property. Indemnitor agrees
to record this document in the office of the Pima County Recorder to provide record notice
of the said covenants and to bind all future owners of the above-referenced property pursuant
to this agreement.
IN WITNESS WBEREOF, the parties have executed this Agreement on the day and year first
above written.
TOWN OF MARANA
(INDEMNIT'EE)
B
k4eAtlerjyo?'? gineer
TIMESCOBEDO
(INDEMNTTOR)
B
APPROVED AS TO FORM:
..',,r,-??own Attorney
Page 2 of 2
DESCRIPTION
Tha.t portion of the North Half of the Southeast Quarter of Section 24,
Township 11 South, Range 10 East, Gila and Salt River Base and Meridian,
Pima County, Arizona, described as follows:
BEGINNING at the point of intersection of the South line of the,
North Half of the Southeast Quarter of said Section 24 with the Easterly
right-of-way line of the Trico-Marana Road as established and recorded
,-.n B-7,Qlc 7 of Recs-d Maps at PAgo 26-
thence South 89 degrees 46 minutes 52 seconds East along ti-le South line
of the North Half of the Southeast Quarter of said Section 24, a distance
of 1407.26 feet to the true point of beginning;
thence continuing along the s;-,id South lin,? South 89 c7egrees 44 minutes
52 seconds East 308.50 feet;
thence North 0 degrees 23 minutes West 706 feet, more or less, to the
South right-of-way line of West Imogene Place, as shown on the plat of
Berry Acres, a Subdivision of Pima County, Arizona, according to the map
or plat thereof of record in the office of the County Recorder of Pima
County, Arizona, in Book 17 of Maps and Plats at Page 22 thereof:
thence along the said South right-of-way line of Imogene Place North 89
degrees 46 minutes 21 seconds West 308.50 feet;
thencE, South 0 degrees 23 minutes East 706 feet, more or less, to the
true point of beginning.
1 .1
EXPIRIT A