HomeMy WebLinkAboutResolution 99-023 floodplain variance for murrayMARANA RESOLUTION NO. 99-23
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, ACTliNG AS THE MARANA FLOODPLAIN MANAGEMENT BOARD,
APPROVING A VARIANCE TO TITLE 21, FLOODPLAIN AND EROSION HAZARD
MANAGEMENT CODE, REQUESTED BY JERRY & EVA R. MURRAY FOR PROPERTY
LOCATED AT 13720 NORTH WHITNEY LANE.
WHEREAS, Jerry & Eva R. Murray are the owners of the property located at 13720 North
Jane Ave., Marana, Arizona and located within the designated Federal Emergency Management
Agency (FEMA) designated floodway; and
WHEREAS, the property owner has applied for a building permit to place a second
manufactured home on the property located at 13720 North Jane Ave. which was denied due to the
fact that residential use of property located within the designated floodway is prohibited under Title
21 of the Marana Land Use and Development Code; and
WHEREAS, on February 16, 199~, Mrs. Murray appealed the decision to the Town
Floodplain Administrator requesting a variance to permit a second manufactured home to be placed
on the property because of the necessity of a larger living area for Mr. & Mrs. Murrays' daughter's
family, that their present home cannot provide; 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 Hazard
Management Regulations, is empowered to adopt and enforce such variance, and upon approval
must (1) Notify the applicant that flood insurance premiums will increase and that construction
below the 100-year flood elevation increases the risk to life and property; and (2) Maintain a record
of all variance actions and report them to their biennial report to FEIMA.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Tow~ of
Marana, Arizona, acting as the Floodplain Management Board, that the variance requested for the
property located at 13720 North Jane Ave., Marana, Arizona, is hereby granted subject to the
following conditions:
The Applicant shall supply an acceptable indemnification agreement holding the
Town of Marana harmless in the event the home, property.. persons, etc.. are damaged
bv flood activities and such agreement shall be recorded bv the Town Clerk's office:
2. The permit shall comply with the Standards tbr Manuthcmred Homes contained in
Title 21, Floodplain and Erosion Hazard Management Code (Section 21.I0~.
Page l of 2
Marana. Resolution No. 99-23
regarding specifications for the anchoring system;
o
The Applicant shall submit proof of flood insurance on an annual basis to the Town
ofMarana To~vn Clerk's office; and
If the Town of Marana is placed on probation by FEMA, the National Flood
Insurance Program (NFIP), or any other federal agency, the homeowner shall take
all necessary action to bring the home into compliance, and shall be solely
responsible for all costs associated with such compliance.
PASSED AND ADOPTED by the Mayor and Cotmcil of the Town of Marana, Arizona, this
16th day of March, 1999.
ATTEST:
Acting Town Clerk
~//~.~Mayor/~ ~¥~RN
'gogt )/,5v77- 4 Tre.
As Town Attorney and not personally
Marana. Resolution No. 99-23
Page 2 ~ff 2
EXHIBIT#
MARANA '
TOWN Of MARANA
~/ Marana Town Limits
0 ~00 1000 Feet
(~) 2/99 Planning & Zoning Dept., GIS Division
EXHIBIT 3
RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT
Date:
INDEMNITOR:
Jerry Murray and Eva R. Murray
13720 North Jane Ave.
Marana, Arizona 85653
INDEMNITEE:
Town of Marana
13251 North Lon Adams Road
Marana, Arizona 85653
RECITALS
Indemnitors, Jerry and Eva R. Murray, warrant that they are the owners of real property
located at 13720 N. Jane Ave, Marana, Arizona, and more particularly described in the legal
description attached hereto as Exhibit 3A and incorporated herein by this reference.
Indemnitors' property is located within the Federal Emergency Management Agency
(FEMA) mapped Floodway.
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
within the mapped Floodway.
Indemnitors desire to place a second manufactured home on the property and the Town
Council, sitting as the Floodplain Management Board, on March 16, 1999, granted a variance
to Indemnitors allowing them to place a second Manufactured home on the property on the
condition that Indemnitors execute this Hold Harmless Agreement and provide proof of flood
insurance annually to the Marana Town Clerk.
COVENANTS
NOW, THEREFORE, in consideration of the covenants and conditions contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties do mutually agree as follows:
Indemnitors, their successors and assigns hereby covenant that they shall defend, indemnify,
and hold Indemnitee, its officers, agents, and employees harmless from any and all claims,
Page 1 of 5
o
o
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 3A, 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 March 16, 1999 without the written approval of the Town of Marana Mayor and Council.
It is further understood that Indemnitors shall comply with the Standards for Manufactured
Homes contained in Title 21, Flood Plain and Erosion Hazard Management Code (Section
21.10), regarding specifications for the anchoring system.
Indemnitors further covenant 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.
Indemnitors further covenant that they, their 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.
Indemnitors further covenant that they, their successors and assigns shall take all necessary
action to bring all structures on the property into compliance with the Floodplain and Erosion
Hazard Management Regulations if the Town of Marana is put on probation by FEMA or
any other federal agency.
Indemnitors acknowledge that upon accepting the variance for construction of a dwelling unit
on the property, the land upon which the structure is located is ineligible for exchange of
state land in accordance with the flood relocation and land exchange program provided for
in the Arizona Revised Statutes Title 26, Chapter 2, Title 2.
Indemnitors acknowledge that upon accepting the variance for construction of a dwelling unit
on the property, flood insurance premiums will increase and that construction below the 100-
year flood elevation increases the risk to life and property,
Indernnitors 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 oflndemnitors' heirs, successors in interest and assigns in said property. Indemnitors
agree 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.
Indemnitors acknowledge that this Hold Harmless Agreement is a covenant running with the
land and not with the manufactured home. In the event that Indemnitors decide to relocate
the manufactured home, Indemnitors shall be required to comply with Title 21 Flood Plain
and Erosion Hazard Management Code of the Marana Land Use and Development Code, or
apply for a new variance.
Page 2 of 5
This contract, Release, Hold Harmless and I-ndemnity Agreement is subject to cancellation
by Indemnitee, the Town of Marana, for conflict of interest pursuant to A.R.S. § 3 8-511.
Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
TOWN OF MARANA
By~,{Z~ --~-
na{,e Aff~/r, Zo~nnd~~e~ ~
JERRY MURRAY
(INDEMNITOR)
APPROVED AS TO FORM: ,
As Town Attorney and not personally
EVA R. MURRAY
(INDEMNITOR)
By~/'~~/~~
Page 4 of 5
STATE OF ARIZONA )
COUNTY OF PIMA )
_ The foregoing document was acknowledged before me on this Y7"/-~ day of
~ ,1999 by David M. After, P.E. the Public Works Director/Town Engineer for the
Town/of Marana, an Arizona Municipal Corporation.
My Cc~-~ .~xv4~. ~a. STERNER
[~~'l~] Pim- County, Arizona
\~..~/My Commi,sion Expires
~~/ September 5, 2000 j
STATE OF ARIZONA )
)
COUNTY OF PIMA )
SS.
The foregoing document was acknowledged before me on this
,1999 by Jerry Murray, legal property owner.
M ~~~,- c'O'-F'F-LqlAL SEAL ~
~.~1 Pima Coun~,
~ ~~/My Commission Expires
/~ry Public
STATE OF ARIZONA
COUNTY OF PIMA
SS.
The foregoing document was acknowledged before me on this
/ff~d~.~ ~'~'Pl ,1999 by Eva R. Murray, legal property owner.
My C9.1~ ~xp~t;IOIAL SEAL
/',~"~k'~ JANA a, STERNER ~
[~' "~1~ Notary Public
~.I~I~?z~] Pima County, Arizona
~.~./My Commission Expires
k,.~ .Septsmber 5, 2000
Page 5 of 5
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