HomeMy WebLinkAboutResolution 99-062 annexation development agreement for cortaro pueblo propertyRESOLUTION NO. 99-62
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN
ANNEXATION/DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
MARANA AND COMMERCIAL INTERNATIONAL SECURITIES, LTD., A
CORPORATION QUALIFIED TO DO BUSINESS IN ARIZONA, FOR
DEVELOPMENT OF COMMERCIAL PROPERTY KNOWN AS THE
CORTARO/PUEBLO PROPERTY.
WHEREAS, acceptance of an Annexation/Development Agreement between the
Town of Marana and Commercial International Securities, Ltd. will benefit the citizens of
the Town of Marana and will be in the Town's best interest; and
WHEREAS, the Town of Marana and Commercial International Securities, Ltd.,
agree to the development of the Cortaro/Pueblo property as site for a motel, gas station,
convenience store, lube facility and restaurant;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that the Town accepts and authorizes the approval of the
Annexation/Development Agreement between the Town of Marana and Commercial
International Securities, Ltd., a corporation qua. lifted to do business in Arizona, attached
hereto as Exhibit "A" and incorporated herein by this reference, for development of the
Cortaro/Pueblo property.
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute said
Agreement on behalf of the Town of Marana.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15t~ day of June, 1999.
ATTEST:
APPROVED AS TO FORM: ~
Daniel J. Hochth5'~ '
Town Attorney and not personally
Mayoff/r ob~utton,
Jr.
Page 1 of I
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F. ANN RODRIGUEZ, ~"\DER
RECORDED BY: JEC
DEPUTY RECORDER
1952 ROOF
DOCKET: ___ 11081
PAGE: 815
NO. OF PAJES: 9
SEQUENCE: 19991270315
07/02/1999
AG 14:41
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID
$
10.00
ANNEXA TIONmEVELOPMENT AGREEMENT
TillS ANNEXATION/DEVELOPMENT AGREEMENT ("Agreement") is entered
into as of the 11.~ day of ~ur-JE- ,1999, by and between the TOWN OF MARANA,
an Arizona municipal corporation (which, together with any successor, public body or officer
hereafter designated by or pursuant law, is hereinafter referred to as "Town"), and COMMERCIAL
INTERNATIONAL SECURITIES, LTD., an Arizona corporation (which, together with all
successors and assigns, is hereinafter referred to as "Developer").
RECITALS:
A. Developer is the owner of that certain real property ("Site") generally located
at the southeast corner of Interstate 10 and Cortaro Farms Road, as more particularly described in
the site map and legal description of Site, attached hereto as Exhibits 1 and 2, respectively.
B. The Site is located in an unincorporated area of Pima County, outside the
incorporated area of the Town, and this Agreement will therefore become operative only if
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proceedings to annex the Site to the Town are completed by December 31, 1999. This date may be
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extended by mutual written agreement of the parties.
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C.
The parties hereby acknowledge that this Agreement constitutes a
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"development agreement" within the meaning of Arizona Revised Statutes S 9-500.05, and that, in ::Jo
accordance therewith, this Agreement shall be recorded in the office of the Pima County Recorder,
within ten (10) days of execution, to give notice to all persons of its existence and of the parties'
intent that the burdens and benefits contained herein be binding on and inure to the benefit of the
parties and all their successors in interest and assigns.
D. Developer is the owner of the Site and plans to construct a gasoline service
station and food mart on the Site. Developer plans to sell a minimum of three parcels within the Site
for the construction of fast food restaurants, hotels/motels, and/or other related facilities.
E. The Town has expressed interest in annexing the property including the Site
and both the Town and Developer agree that such an annexation would be beneficial to both parties.
Developer has received certain assurances and rulings from Pima County regarding the Site, and
seeks to ensure that the Town will accord Developer substantially the same rights, should the Town
annex the subject Site.
IN CONSIDERATION of the mutual promises set forth herein, the Town and
Developer hereby agree to the following provisions regarding the Site.
1. ACCESS. The Town will permit Developer at least two (2) curb-cut access
points to the Site from Cortaro Farms Road, and two (2) curb-cut access points to the Site from
Cenus Stravenue. Developer will be solely responsible for any costs incurred in constructing and/or
maintaining these curb-cut access points.
2. ZONING. The Site is currently zoned CB-2 pursuant to Chapter 18.45 of the
Pima County zoning ordinances. The Town hereby agrees that, at the time of annexation of the Site
by the Town, the zoning classification for the Site will change to Town of Marana Zone "VC."
3. ADVERTISING SIGNS. The Town will allow Developer to erect three (3)
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signs along the western property boundary which parallels the Interstate 10 freeway, in accordance
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with the Town of Maran a Sign Code. Each of these signs will be sixty-five (65) feet in height, and
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three hundred (300) square feet in size. These signs will be used exclusively by businesses owning
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parcels within the Site for the advertisement of their services. Developer and/or other purchasers of
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parcels within the Site shall be solely responsible for the maintenance of said signs, and such
maintenance shall be done in accordance with any applicable permitting or other requirements of the
Town.
4. LOT SIZE. The Town will permit non-conforming lot sizes within the Site,
as depicted and described in Exhibits 1 and 2 hereto.
5. CONSTRUCTION; TERM OF ANNEXATIONIDEVELOPMENT
AGREEMENT. Developer agrees that construction ofthe service station and food mart will begin
no later than nine (9) months after Town completes annexation of the Site. Developer shall be
considered to have begun construction when site grading and excavation begin. This
Annexation/Development Agreement shall terminate on June 1, 2004; provided, however, that the
Town's covenant to permit non-conforming use of the Site shall survive the termination of this
Annexation/Development Agreement, and all uses permitted in Town of Marana Zone "VC," at the
time of this Agreement and hereafter shall be permitted on the Site.
6. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted
pursuant to this Agreement shall be filed in the Superior Court for the County of Pima, State of
Arizona. In any such legal action, the prevailing party shall be entitled to collect from the other party
all costs and expenses of such action, including reasonable attorneys' fees, as may be fixed by the
Court.
7.
APPLICABLE LAW. The laws of the State of Arizona shall govern the
interpretation and enforcement of this Agreement.
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8.
ACCEPTANCE OF LEGAL PROCESS. In the event that any legal action
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is commenced by the Developer against the Town, service of process on the Town shall be made by
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personal service upon the Town Clerk of the Town of Maran a, or in such other manner as may be
provided by law.
In the event that any legal action is commenced by the Town against the Developer,
service of process shall be made by personal service upon the Arizona statutory agent for Bob's Auto
Spa, Inc.
9. NOTICES~ DEMANDS AND COMMUNICATIONS BETWEEN THE
PARTIES. Any notices, demands and communications made or sent by any party relative to this
Agreement, shall be deemed to have been fully given, made or sent when made in writing and
personally delivered or deposited in the United States mail, postage-paid, registered or certified, and
addressed as follows:
To the Town:
Town Manager, Town of Maran a
3696 W. Orange Grove Road
Tucson, Arizona 85741
To Developer:
Commercial International Securities, Ltd.
P.O. Box 65206
Tucson, Arizona 85728
10. CONFLICT OF INTEREST. No member, official or employee of the Town
shall have any direct or indirect interest in this Agreement, nor participate in any decision relating
to the Agreement which is prohibited by law. All parties hereto acknowledge that this Agreement
is subject to cancellation pursuant to the provisions of Arizona Revised Statutes S 38-511.
11.
WAIVER. Except as otherwise expressly provided in this Agreement, any
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failure or delay by any party in asserting any of its rights or remedies as to any default shall not
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operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its
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right to institute or maintain any actions or proceedings which it may deem necessary to protect,
assert or enforce any such rights or remedies.
12. SEVERABILITY. If any provision of this Agreement shall be found invalid
or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by
law, provided that the fundamental purposes of this Agreement are not defeated by such severability.
13. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto
integrate all prior conditions, terms and agreements of the parties and supersede all previous
negotiations or agreements between the parties with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement through their
representatives duly authorized to execute this document and bind the respective entities to the terms
and obligations herein contained, on the day and year first stated above.
TOWN OF MARANA, an Arizona municipal
corporation
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By
Its Town Attorney
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L:IUSERSIBARRYKILINDGREN\BOBAUTOICORTAROIDEVELAGR.CLN
COMMERCIAL INTERNATIONAL SECURITIES,
L TD., an Arizona corporation
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EXHIBIT 1
CORTARO/PUEBLO ANNEXA T/ON
A PORTION OF THE EAST HALF OF SECTION 26, TOWNSHIP 12 SOUTH,
RANGE 12 EAST, GILA AND SAL T RIVER MERIDIAN, PIMA COUNTY, ARIZONA
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EXISTING TOWN LIMITS
PROPOSED ANNEXATION
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Colltns-Plna Consult/n En rntM~ Inc.
33 N. SkIM, ,~ floor. 5cwNc of ~ Pmo - (520) lI23-7'MO
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JOB NO. 3M2.717
EXHIBIT 2, page 1
LEGAL DESCRIPTION
CORTARO~UEBLOANNEXATION
ALL THAT PORTION OF THE EAST HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE
12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF
CORTARO FARMS ROAD AS SHOWN IN BOOK 2 OF ROAD MAPS AT PAGE 123, WITH
THE NORTHEASTERLY LINE OF THE TUCSON ELECTRIC TRANSMISSION RIGHT -OF-
WAY, DESCRIBED IN DOCKET 2510 AT PAGE 184, SAID INTERSECTION BEING AN
ANGLE POINT IN THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINANCE
NUNlBER 90.22;
THENCE EASTERLY ALONG SAID NORTH RIGHT-OF- WAY LINE OF CORTARO FARMS
ROAD AND MARANA TOWN LIMITS TO THEIR INTERSECTION WITH THE NORTHERLY
PROLONGATION OF THE CENTERLINE OF CERIUS STRA VENUE AS SHOWN ON THE
PLAT OF OSHRIN PARK, LOTS 1-30, RECORDED IN BOOK 25 OF MAPS AND PLATS AT
PAGE 67, RECORDS OF PIMA COUNTY, ARIZONA;
THENCE EASTERLY, CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE AND
MARANA TOWN LIMITS, A DISTANCE OF 74.68 FEET TO A POINT OPPOSITE OF AND
PERPENDICULAR TO THE NORTHEASTERLY END OF A 25' RADIUS CURVE AT THE
NORTHWEST CORNER OF LOT 1 OF SAID OSHRIN PARK LOTS 1-30;
THENCE SOUTHERLY, DEPARTING SAID MARANA TOWN LIMITS AND SAID NORTH
RIGHT -OF- WAY LINE, TO THE NORTHEASTERLY END OF SAID CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE EASTERLY RIGHT-OF- WAY
LINE OF CERIUS STRA VENUE ACCORDING TO SAID PLAT OF OSHRIN PARK, LOTS 1-
30;
THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF- WAY LINE TO THE NORTH
LINE OF OSHRIN PARK, LOTS 31-113 AS RECORDED IN BOOK 26 OF MAPS AND PLATS
AT PAGE 25;
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THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CERIUS
STRA VENUE THROUGH A CURVE CONCAVE TO THE NORTHEAST AS SHOWN ON
SAID PLAT OF OSHRIN PARK, LOTS 31-113, TO ITS INTERSECTION WITH A RADIAL
LINE THROUGH THE SOUTHEASTERNMOST CORNER OF LOT 113 OF SAID OSHRIN
PARK, LOTS 31-113;
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LEGAL\pH92. 717 11g(6-22-99'.LNB}
LEGAL DESCRlPTION NO.12
PAGE 1 OF 2
~XHIBIT 2, page 2
TIffiNCE SOUTHWESTERLY ALONG SAID RADIAL LINE TO TIIE SOUTHEASTERN MOST
CORNER OF SAID LOT 113;
TIIENCE SOUTHWESTERLY ALONG TIIE SOUTHEASTERLY LINE OF SAID LOT 113 TO
THE SOUTHERN MOST CORNER THEREOF;
THENCE CONTINUE SOUTHWESTERLY ALONG THE SOUTHWESTERL Y
PROLONGATION OF SAID SOUTHEASTERLY LINE TO THE NORTHEASTERLY LINE OF
THE TUCSON ELECTRIC TRANS:MISSION RIGHT-OF-WAY;
THENCE NORTHWESTERLY ALONG SAID NORTIIEASTERL YRIGHT-OF- W A YLINE AND
ITS NORTHWESTERLY PROLONGATION TO TIIE POINT OF BEGINNING.
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LEGAL~3.592. 71711g(6-22-99'.LNB)
LEGAL DESCRIPTION NO.12
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