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HomeMy WebLinkAbout02/03/2009 Supplemental Info to Council Packet-Abandonment of public access handouts.; 2-10-09 Marana Council Meeting, 2-3-09 Comments to the Audio Transcript Frank Cassidy Time slot 34:20-35:42 The Judge made the ruling Frank Cassidy talks about on Aug. 12th 2008, Frank made his deposition On Oct. 29th, 2008. Our lawyer feels that the deposition satisfied the Judge regarding Marana's position. Time slot 40:10-40:40 Frank states that he thinks most people came to the meeting because of park access. That's only a part it, the primary reason people were there was to protect their rights to the Public Easement. Time Slot 44:16-44:50 He states that if the Court would rule in favor of the prescriptive easement it could provide access to Tortolita Mountain Park and he may then recommend different action Stephen Weeks Time Slot 53:05-55:45 Please listen to this again. He believes Judge Davis will rule in favor of prescriptive use. Michael Raci Time slot 1:02:43-1:-06:00 He makes no statement as to why Marana should not abandon the Public easement. Tile slot 1:04:50-1:05:09 He makes the comment, "The label that a person put on this Private Easement once upon a time that did say public is what is in dispute in court. The courts can resolve that issue but it has never been considered a Public Easement by any public entity." The statement he makes here is false. The Public Easement Document was created by a lawyer who owned property in the same Home Owners Association as the Easement. He knew exactly what he was doing. This Easement has been in use since the 70s Craig Keller Time slot 1:19:00-1:21:54 I believe you were told some outright lies by Crag Keller, Stephen Phinny's attorney, regarding the lawsuit over the public Easement. Mr. Keller states Stephen Weeks gave you misinformation. He said that saying the Court was soon to make a decision was untrue. He also said the Judge would prefer that Marana make the decision in this matter. Neither of these statements are true. A hearing had been scheduled on 1-26-09 at which time it was a distinct possibility the Judge may have ruled on our motion for a partial summary judgment. We canceled the hearing when Frank Cassidy made Marana's intention to abandon the easements known. As far as the Judge wanting Marana to make the decision on this issue, that couldn't be further from the truth. Judge Davis only wanted to know what Marana's intentions we're. Mr. Keller goes on to say that the Easement was granted for ingress, egress and public utilities, and was never intended for public use. This is absolutely false, the Recorded Document states: "TO THE PUBLIC" in capital letters. And finally Mr. Keller said that a trial date had not been set. This is also untrue. A trial date of 8-11-09 was set back in October. Having said all of this Mr. Keller did send an e-mail to Frank Cassidy after the Hearing saying he had forgotten about the trial but everything else he said was true. I think this means he lied to you again.. He also lied about the Final Plat making the roads private. In Frank Cassidy's deposition he says the note on the plat that approval of the plat doesn't negate preexisting easements, supersedes the note about private roads. The Public Easement was listed on the Final Plat at least 12 times. Page 1 of 2 Gilbert Davidson Time slot 1:29:16-1:29:32 In response to a question asked by Ms. Ziegler Mr. Davidson states that there are no Public Easements recognized on the Saguaro Ranch Approved Plats. This is not true! In the approved Final Plat the Public Easement is listed at least 12 times. Why would Mr. Davidson misrepresent the truth? He either doesn't know or is purposely misleading you. Ms. Ziegler & Frank Cassidy Time slot 2:16:10-2:18:12 Ms. Ziegler asks Frank Cassidy about the Public Easement. He states he believes that there is a Public Easement and he's seen nothing that indicates the Public Easement doesn't exist. Ms. Ziegler, Frank Cassidy & Gilbert Davidson Time Slot 2:20:45-2:24:40 Frank Cassidy is very insulting about his comment about the Hatfieds & McCoys. He helped to perpetrate this situation by asking us to go to Court and continuing to allow Saguaro Ranch to block the Public & Private easements. He is misleading when he says he put it on the agenda to give the Judge what he wants. Gilbert again steps in and confuses the issue. He doesn't allow Frank to answer Ms. Zieglers question, What happens if you punt the issues back to the Judge? If you vote no on the abandonment it will allow the Judge to make his decisions based on the law and the evidence. Joe Tarver Time slot 2:37:44-2:40:24 Mr. Tarver talks about taking our eye off the ball and then clouds the issue regarding existing plans for access to the park. Some of what he says is untrue. Pima County has a right to change the plan as new information is brought forward. Steve Johnson said the potential to access the park through the west is a goldmine. The plan can always be changed based on new information. Mr. Traver didn't say one word about why Marana should abandon the Public Easement. Shawn Kimble, Ms. Ziegler, & Jon Post 2:48:30-2:55:49 Mr. Kimble says the abandonment eliminates secondary access to Saguaro Ranch. Ms Ziegler asks about the letter from Northwest Fire concerning the abandonment of Thornydale Rd. and if the Tapestry access meets the requirement, Mr. Kimble says Mr. Cassidy needs to answer that question. Mr. Cassidy says the Tapestry access doesn't meet the need for secondary access, Mr. Cassidy joins in and talks about the lawsuit between Tapestry & Saguaro Ranch. Incidentally, last Tuesday, the day of the Council meeting there was a fire in the Saguaro Ranch tunnel. As it turned out the tunnel wasn't blocked or damaged but the possibility was there. As another aside, when the Fire Marshal spoke last week he stated, in the event of an emergency they would get in over the Thornydayle Right of Way or through Tapetery if they had to. I doubt if he, or you, are aware that Saguaro Ranch has had a backhoe blocking the Public Easement, which is the only other way in, for several months and large boulders before that. In the event of a medical emergency the time it would take to locate the keys to the backhoe and get it moved and/ or get a tractor and move the boulders could mean the difference between life and death. Respectfully submitted by, Steve J. Blomquist 3000 W. Jojoba Hills Dr Tucson, AZ 85755 520-237-7472 s.i.blomquistnatt.net Page 2 of 2 Attendance, Letter Writing, and Speakers are needed to retain the public right of way and recorded public easement that Marana plans to handover to Saguaro Ranch Items to consider: - Elected officials have the responsibility to represent the public not individual developers - Records show that Saguaro Ranch purchased the land with the recorded public easements clearly marked on the documents, but claimed in their advertisements that the area was "exclusive" with only one entrance into the area. - Saguaro Ranch has placed boulders, vehicles, and machinery in the recorded public easement to prevent people from using it - Saguaro Ranch employees have told members of the public they were trespassing when on the recorded public easement, and in some cases called the police to arrest individuals for walking on that roadway. - Saguaro Ranch sells 5 acre lots for over a million dollars, and paid Marana one million for the development fee. Now Saguaro Ranch wants the +10 acre recorded public easement and right of way given to them. - Two court cases are currently underway to address the public use of these roads - The right of way and recorded public easements have been used by residents and visitors of the county for access to the Tortolita mountains long before and throughout the time that Marana or Saguaro Ranch have been in existence - The natural beauty of the area should be shared by many, not a select few who don't even plan to make their primary residence there -that was the purpose of dedicating the easement to the public in the first place - This right of way and recorded public easement are part of the "Loop" (Thornydale to Como) which currently provides access to the Tortolita Mountain Park - Constructing buildings, water tanks, and sewer systems within a recorded public easement are against code; abandoning the easement does not do justice for inappropriate actions. These violations have occurred within Saguaro Ranch on the recorded public easement - Saguaro Ranch has deposited debris from the construction of their tunnel in the Right of Way as well as used the area for cacti that were transplanted. Who else gets the privileged uses of a right of way? - Saguaro Ranch has acted dishonestly and in bad faith to the community, Town of Marana, and Pima County, yet Marana now wants to reward them by giving away the public's easement rights. Express your desires and concerns to the Council members below, and attend the Marana Council Meeting on Tuesday, Feb. 3rd at 7:OOpm. Marana Municipal Complex, 11555 W. Civic Center Drive Your presence will make a difference. (Please share this information with any group/club of which you belong.) Mayor Ed Honea:ehoneaCa~marana.com Vice Mayor, Herb Kai: HERBCa~KAIFARMS.COM Council Members: Roxanne Ziegler: rzieglerCc~i marana.com Russell Clanagan: rclanaganCa~marana.com Patti Comerford: pcomerfordCa~marana.com John Post: jpostCa~marana.com Carol McGorray: cmcgorrayCa~marana.com MORE ITEMS TO CONSIDER WHEN CONTACTING MARANA TOWN COUNCIL Many Thanks to those of you who have already sent emails to the Marana Town Council expressing your desire to have the Public access of the Right of Way (the extension of Thornydale Rd), and the Recorded Public Easement which extends thereafter into the Tortolita Mountains remain public. The Council is taking notice of the communications and actually asked for more facts and views to consider. If you have not yet notified them, you may want to include some of the following thoughts when letting them know that you do not want the public's rights be taken away for the exclusive use of a developer. 1) We request that the council vote to remove the emergency clause from both abandonment propositiorys (A2: Resolution No 2009-14 and A3: Resolution No 2009-15 of the agenda) for the Town Meeting of the Feb. 3'~, since there exists no emergency for the peace, health, and safety nor is there any likelihood that there would ba any change in status of change if these resolutions were voted on by regular procedures. (By following regular procedures rather than emergency procedures the public will retain their rights to express their desires through the legal process of referendum if necessary.) There is no actual emergency for these items! 2) The ugly scar on the Right of Way was doubled in size when Saguaro Ranch deposited the debris from their tunnel along the east side of the roadway from the bottom of the mountain over the top. The boulders should be removed by Saguaro Ranch before any consideration of action of abandonment; otherwise there is no indication that anything will be done to beautify the area. (The deposits were/are in violation of code and Saguaro Ranch is in severe financial difficulties) 3) As for the concern of safety, there are many steep hills/mountains with dirt roads within this state, and no evidence has been presented indicating that this road has any history of safety problems. Most usually roads are not abandoned even if there is an existence of problems. There is a multitude of ways a road can be made safe. 4) Many steep roads have provided Pima county residents and visitors alike with different views of the city and desert. They started out as dirt roads, and were improved over the years. A few are "Gates Pass", "A" Mountain, "Mount Lemon Highway", Cobblestone ... Marana could participate in a similar manner when showcasing their town/community. 5) With the aging community and consideration for the physically handicapped, it is important to have a vehicular roadway rather than a limited walking path to Tortolita Mountain Park. These easements could assist in providing that type of access. 6) The land that Saguaro Ranch Purchased can be totally exclusive off of the Public Right of Way and Recorded Public Easement. All of the home sites and drives leading off of the Recorded Public belong exclusively tq them. The fact that the homes are to blend with the terrain with open spaces, sets an excellent standard for the community. 7) The easements are not without value. The value of the land for the easement is determined by the praperty that abuts it. The Council should make sure there is a proper assessment, and receive its full value if the Towc considers letting it go. The Council needs to hear from you NOW! They need to read the information before next Tuesday, Feb. 3~d, the date of the Council meeting is to discuss/vote on this issue. Mayor Ed Honea:enoneaCo~marana.com Vice Mayor, Herb Kai: HERBCa~KAIFARMS.COM Council Members: Roxanne Ziegler: rzieglerCa~marana.com Russell Clanagan: rclanaganCa~marana.com Patti Comerford: pcomerfordCa~marana.com John Post: jpostCa~marana.com Carol McGorray: cmcgorrayCa~marana.com For more information contact: Tracy Chamberlain: chamberlain13650@msn.com Steve Blomquist: s.j.blomquist@att.net Sharyl Cummings: svcummings@att.net Tim Blowers: landmani@m~r:~~~-: ti.com Tracy Chamberlain 13650 North Thornydale Road Tucson, Arizona, 85742 01.30.2009 RE: Abandonment of Public access: Resolution No: 2009-14 & 2009-15. Dear Mayor Honea, and Members of the Marana Town Council: I write to express my opinion regarding the proposed abandonment of the recorded public easement at Saguaro Ranch, a matter made public by Saguaro Ranch's efforts to obtain such abandonment. Upon hearing abandonment of both the Thornydale Road right of way and the recorded public easement had been placed on the Council's Agenda, I began asking questions about why the Town had reversed their decision not to get involved in the Saguaro Ranch public access lawsuit that is currently underway in Pima County Superior Courts. In the process of searching for a rationale, I and others have been told by Town Manager, it's attorney, and/or the Mayor, that it is the result of pressure from Town Council Members. However, most Council Members have said they knew nothing of this decision, or why the sudden emergency and interference to court proceedings are currently underway. After speaking with Council Members it seems clear that certain basic issues should be understood. While the situation we are all faced with is complex, I do not believe it is all that complicated: This began with the Saguaro Ranch Developer obtaining plat approvals for his development. Which, as explained by development staff, are platted to include all recorded easements as shown on Schedule B of a title report. This approved plat included the recorded public easement for public access (77.18), which is the southern portion of the dirt road that leads to the Tortolita Mountain Park, and has been used by the public for more than 70 years to access the Tortolita Mountains. 7718 has also been maintained by local residents for many years. After receiving the first original approved plat; which clearly identified the easement for public access, it appears that the developer wanted to remove any further evidence of public access from future title reports in hopes of preventing the public easement from being platted into future plats for the development. To that end, the developer's legal counsel recorded a "Relocation of easement for ingress, egress and utilities" on March 30, 2004. (See Docket 12269, pages 466-488) which, on the surface seems quite innocuous. That appearance was deceptive. Anyone looking at the easement relocation document would have no reason to believe it was extinguishing a recorded public easement. Moreover, that it was legally insufficient to extinguish/abandon a "recorded" public easement. To abandon a recorded public easement they would be required to go to court and obtain a declaratory judgment, or the Town of Marana would have to take formal action to abandon following public hearing. Apparently the developer did not want the scrutiny of a public hearing. So the developer simply recorded the relocation document, and then proceeded to ignore the public easeme ~: -~,-u develop Saguaro Ranch, building a restaurant in the middle of the public easement. This strategy was orchestrated by someone with legal sophistication, who knew without bringing any attention to what would result in a Title Report as a extinguishment/abandonment of the recorded public easement and replace the original easement with their new easement recording. No one would see it as anything more than an easement that had been relocated and rights exchanged by all affected parties signed, notarized appearing quite valid. (See attached: 12269) By doing so, the developer and his attorney would be assured that any future title reports would never show the recorded public easement through the Saguaro Ranch Development. As such, the recorded public easement would be platted into any future development plats. Once successful in being able to obtain approved development plats without the public easement included, the developer then attempted to use the defense that the Town abandoned the recorded public easement by approving the Saguaro Ranch Development plats without the recorded public access. The Marana's development files and public records all verify that neither the Town's development staff nor its Council was ever informed there was public access through the Saguaro Ranch Development prior to approval of the development/plat. The records indicate they were simply told repeatedly by the developer and his staff it was "private and exclusive" and only accessed through the Saguaro Ranch tunnel. The situation everyone is left to deal with now is decision of the Saguaro Ranch Developer and that of his attorney who ignored the existence of the public recorded easement and then filed and recorded documents that misleadingly indicated that the recorded public easement no longer existed. While it is a mess, it is not something that requires the forfeiture of public access to fix. The public does not have a debt to this development! Nor should the town be willing come to the defense of this developer in an effort to try to save him from himself and his own wrongdoing. Like many Town officials have so often stated: civil matters and personal matters are not the Town's place to be involved or responsible for resolving, that is the job of the courts. Stephen Phinny has multiple lawsuits in both Pima County Superior Courts and Maricopa County Superior Courts that he, and he alone, should be responsible for resolving. While most of Mr. Phinny's lawsuits are unpaid debts, there are several that are specific to is~~~P~' :,: access, public access and/or his decision to market, sell, and profit from misrepresenting his development to people who purchased under that facade; who are now suing him because they have since learned that claim is untrue. One of those lawsuits, will soon conduct the deposition of Jerome Strack, Saguaro Ranch's previous General Manager. The reason I bring these things to your attention, is that the Town of Marana, like everyone else, should leave justice alone once it enters the Courts. It is now the Courts position to resolve what is true, and then to decide what the consequences should be for any wrongdoing. For the Town to bring, at this time, actions that are not only non emergency, but also directly affect lawsuits currently before various judges/courts seems not only questionable, but will only serve to undermine at least three lawsuits regarding access and the Saguaro Ranch Development. If the Town of Marana votes to give away public access to public lands and to take away private property rights and access for neighboring landowners, that means the price for Stephen Phinny's wrongdoing is being paid for by the public. Again, the public has no debt to this man, his business failings or deficiencies. As an affected landowner and member of the public, I respectfully urge you to vote NO on both abandonment requests that are currently before you. -Tracy Chamberlain 520.906.5506 http: //www.youtube.com/TortolitaEasements Page 1 of 2 Timothy R. Blowers From: T. Chamberlain [chamberlain13650@msn.com] Sent: Sunday, February 01, 2009 7:51 AM Subject: Tortolita Public Access: Tucson Weekly, 01.31.09 1' ~ ~ ~ OPINION GURRENT"5 CITY WEEK CJN~MA MUSIC ARTS !SO{~F4S CM41M CC)MIICS BE=~T OF TLU _,rite ~ ~ HF;CHI' E'=~ I CLRC'=•IFIEG'=~ ~ FER'! GNHL=: i http•//blog tucsonweekly com/?~=1810#more-1810 7anuary 31, 2009 Saguaro Ranch: If You Care Get There On Feb. 3 Filed by Mari Herreras @ 10:54 pm If you're one of those hikers I've seen taking to the Tortolita Mountain Park by way of the mountain loop road that goes through Saguaro Ranch, then by all means get yourself to the Marana Town Council meeting on Feb. 3 at 7 p.m., at the Marana Municipal Center, 11555 W. Civic Center Dr. in Marana. This past month has been part of a long strange trip for Saguaro Ranch neighbors who filed a lawsuit against Saguaro Ranch developer Stephen Phinny, asking the court for a declaratory judgment regarding a public easement that Phinny built on and a prescriptive easement Phinr~~ ~';.~'-'-;:; (ate"-+~~;_ residents in that area have rights to the road according to their deeds). Yep, we've been writing about it a lot these days, but the past month has been particularly intriguing. The town administration is bringing before the Feb. 3 town council meeting two emergency abandonment proposals-one for a public right of way and another for a public easement that depends on the public right of way. What's particularly interesting about this is that the town took an early hands-off approach on this. When Phinny called the cops on neighbors who continued to use the road even after he blocked it with boulders, they told him it was a private matter. Then they encouraged those neighbors-upset that the county and town neglected to notice that Phinny was building and developing on a public easement-to get a declaratory judgment. That's why they headed to court back in June. The town's interest in abandoning the property took them by surprised, but perhaps it shouldn't have; the town has a vision for the area that is inspired by the Ritz Carlton Dove Mountain resort. Between Saguaro Ranch-with or without Phinny's money woes-there is another property nearby owned by an LLC (Tapestry) that is destined to be a resort. That's what Marana wants to see happen in this area, and it's part of their town planning. And perhaps these public easements, due to the efforts of those pesky neighbors, are just getting in the way of allowing business to continue for Phinny and any future buyer for the 1,035-acre property. Phinny's neighbors want to pack the house at the Marana town council meeting, and they hope anyone interested in everything from access issues to property rights and open spaces will show up. Calling the council members and FAXing in a statement of concern would probably help, too. Tracy Chamberlain, who is one of the neighbors asking the courts to maintain the easements, has been outdoors much of this past week and weekend at information stations answering questions with her other neighbors. She's perplexed, especially after being told by town staff why they decided to get involved, and they told her pressure came from the town council members. But Chamberlain says council members she's talked to told her they didn't know anything about this decision or why the sudden rush to get these abandonments approved. The Weekly obtained a document included in the council members' packets (not in the public packet) that explains that the town is telling the public that this is just a preliminary meeting and that a decision won't be made, but that no, a decision will be made. The timing is strange, considering parts of Saguaro Ranch are going to auction in a few months and the development is in the early stages of foreclosure proceedings. Chamberlain got to the heart of the craziness that is Saguaro Ranch in this latest a-mail to town and county officials: 2/1/2009 Page 2 of 2 This began with the Saguaro Ranch Developer obtaining plat approvals for his development. Which, as explained by development staff, are platted to include all recorded easements as shown on Schedule B of a title report. This approved plat included the recorded public easement for public access (7718), which is the southern portion of the dirt road that leads to the Tortolita Mountain Park, and has been used by the public for more than 70 years to access the Tortolita Mountains. 7718 has also been maintained by local residents for many years. After receiving the first original approved plat; which clearly identified the easement for public access, it appears that the developer wanted to remove any further evidence of public access from future title reports in hopes of preventing the public easement from being platted into future plats for the development. To that end, the developer's legal counsel recorded a "Relocation of easement for ingress, egress and utilities" on March 30, 2004. (See Docket 12269, pages 466-488) which, on the surface seems quite innocuous. That appearance was deceptive. Anyone looking at the easement relocation document would have no reason to believe it was extinguishing a recorded public easement. Moreover, that it was legally insufficient to extinguish/abandon a "recorded" public easement. To abandon a recorded public easement they would be required to go to court and obtain a declaratory judgment, or the Town of Marana would have to take formal action to abandon following public hearing. Apparently the developer did not want the scrutiny of a public hearing. So the developer simply recorded the relocation document, and then proceeded to ignore the public easement and develop Saguaro Ranch, building a restaurant in the middle of the public easement. This strategy was orchestrated by someone with legal sophistication, who knew without bringing any attention to what would result in a Title Report as an extinguishment/abandonment of the recorded public easement and replace the original easement with their new easement recording. No one would see it as anything more than an easement that had been relocated and rights exchanged by all affected parties signed, notarized appearing quite valid. (See attached: 12269) By doing so, the developer and his attorney would be assured that any future title reports would never show the recorded public easement through the Saguaro Ranch Development. As such, the recorded public easement would be platted into any future development plats. Once successful in being able to obtain approved development plats without the public easement included, the developer then attempted to use the defense that the Town abandoned the recorded public easement by approving the Saguaro Ranch Development plats without the recorded public access. Chamberlain says town officials keep reminding her that the development has paid almost $1 millior ~a c-t awn in development fees - as if that's suppose to make everything OK - as if that's the price tag for a public easement .~r~o knew? "While it is a mess, it is not something that requires the forfeiture of public access to fix. The public does not have a debt to this development! Nor should the town be willing come to the defense of this developer in an effort to try to save him from himself and his own wrongdoing. Like many Town officials have so often stated: civil matters and personal matters are not the Town's place to be involved or responsible for resolving, that is the job of the courts," Chamberlain writes. "... If the Town of Marana votes to give away public access to public lands and to take away private property rights and access for neighboring landowners that means the price for Stephen Phinny's wrongdoing is being paid for by the public. Again, the public has no debt to this man, his business failings or deficiencies." As we continue to wrestle with land use in our region, and towns like Marana grow, helping out the developer seems like anever-ending story around these parts. Where's Atreyu when you need him? No viruses found in this incoming message Scanned by iolo Antivirus 1.5.3.5 http://www.iolo.com 2/1/2009 ~; ~.. r~ NOTICE fJF PUBLIC HEARII~TG TO VACATE PUBLIE EA~~i~IE1'~TT NEAR AND THROUGH . SAGI:IAROI~ANCI3 Mayor and: Council of the Town: o£ Marina FtbruarX 3, 2009, at or after 7:DO p.rn. Town Conneil Chambers, First Floor 11555 West Civic Center Drive Marina, Arizona 85653 N`OTiCE is xE1tESY GIVEN that the Mayor and Council of the Town of Marina will hold a public ', hearing to consider whether to vacate those portions of the public easement recorded in !, Docket 11280, Page 262, Pima County Recorder's .Office, including any previously recce=ded versions and as it may have been amended, ~ located within the Town limits of the Town of Marina,. If approved, this action would vacate the public's rights to the easement areas generally depicted on Exhibit A attached to this notice. This public easement traverses portions of Sections 17, 20 Qud of Township 11 South, Range 13 East, Gila. and Salt River Base and Meridian. Any objections to the Town vacating and abandoning the identified portions of this. public . easement, including without limitation any claim that this action will leave land adjoining the easement without a public or private legal access connecting the land with an established public roadway (see A.R.S. § 28-7215), must be presented to the Mayor and Council of the Town of Marina at or prior to the public hearing in ordex to be timely, considered. DATED this 15~` day of~anuary, 2009. By: ocelyn B on,. Town Clerk RWA 0901-001 {00012707.DOC /} 1/14/2009 4:44 PM FJC/kc t Open Permits With Na Current Insurance Certificate Development Engineering Department o,~~~~-rte ~ z/z~p~ Permit Number Permit Descrl tion 720501-002 Sa uaro Ranch Booster Station E-G Zone 720503-004 Sa uaro Ranch Guest Ranch FA0406-005 5a uaro Ranch Phase I FB0503-001 Sa uaro Ranch Phase (Thorn dale Road Public I!P FA0503-008 Sa uaro Ranch Phase I Tharn dale Road Public I/P 720501-008 Sa uaro Ranch Phase l Thorn dale Road Public I/P 720501-009 Sa uaro Ranch Phase I Thorn dale Raad Public I/P FA0503-004 Sa uaro Ranch Phase (Thorn dale Road Public 11P F60503-002 Sa uaro Ranch Phase I Tharn dale Road Public I/P FA0609-001 Sa uaro Ranch T-Bench Bar Phase II I/P 720609-003 Sa uaro Ranch T-Bench Bar Phase 11 I/P FA0503-005 Sa uaro Ranch T-Bench Bar Wa & T-Bench Bar Place 720410-004 Sa uaro Ranch T-Bench Bar Wa & T-Bench Bar Place 720608-012 Sa uaro Ranch Guest Ranch Gradin &Pavin 720703-008 Sa uaro Ranch Guest Ranch Phase II Gradin &Pavin 720411-003 Sa uaro Ranch Homesite Blastin 720611-006 Sa iar Ranch !I Lots 50, 51 & 53-57 Gradin &Pavin 720702-002 Sa uaro Ranch Old Ranch House Road Pavin 720705-002 Sa uaro Ranch Phase ILIA Rack Sta in 720611-002 Sa uaro Ranch Tunnel -Structural 720310-003 Sa uaro Ranch Phase I Im rovement 720612-002 Sa uaro Ranch Old Ranch Nouse Road Im rovement FB0710-001 Sa uaro Ranch Thorn dale Road Phase I Im rovement 720612-004 Sa uaro Ranch Tharn dale Road Phase I Im rovement 720310-004 Sa uaro Ranch Thorn dale Road Private im rovement 720402-003 5a _ uaro Ranch Tunnel Excavation Im rovement TOWN OF hAARAAlA OEVELOPM8N7 SERZ/1CE5 June 26, 2008 Saguaro Ranch, LLC PO Box 70207 Tucson, AZ 85737 RE: Violation of Title 25 of the Land Development Code, ordinance 2007.23 for Saguaro Ranch {9-52) Block i-4 A.K.A Saguaro Ranch Phase I To: Saguaro Ranch, LLC The purpose of this letter is to inform you that Saguaro Ranch Phase I is in violation of Title 25 of the Land Development Code, ordinance 2007.23. and that this violation is being turned over to the Town of Martina. Legal Department with a. recommendation that a citation be issued. The following is a surn~nary of our eorrespon:fence with your company and the inspections that were done. On February 14, 2008 the Town of Martina conducted a stormwater inspection at Saguaro Ranch {9-52) .Block 1-4 A.K.A Saguaro Ranch Phase i pursuant to Title ZS of the Land Development Code, ordinance 2007-23 On March 1, 2008 a Notice to Correct Letter was received by authorized Saguaro Ranch LLC personnel by certified mail, informing Saguaro Ranch LLC that the site needed to be brought into compliance by March lb, 2008, 15 days after receipt of the notice. On March 27, 200$ afollow-up inspection was performed by the Town of Martina. The Town of Martina determined from that inspection that Saguaro Ranch {9-52) Block 1-4 A.K.A Saguaro Ranch Phase. I had nat been brought into compliance nor had the SWPPP been implemented as requested in the Notice to Correct letter dated February 28, 2008. On April 17, 2008 a Notice of'~iolation Letter was received. by authorized Saguaro Ranch LLC personnel by certified mail, informing Saguaro Ranch LLC that the site {U0UU9954.DOC J} 1555 W. CIVtC CENTER i]R11tE, B~pG. AZ MARANA, ARIZONA 85553-7003 TELEPFlONE: {S20) 382.28UU FAX: 382-2£x41 needed to be brought into compliance by May 17, 2008, 30 days after receipt of the notice. On June 6th, 2008 afollow-:up inspection was performed by the Town of Martina. The . Town of Marana determined. from that: inspection that Saguaro Ranch {9-52} Block 1-4 A.K.A Saguaro Ranch Phase I had not been brought into compliance nor had the SWPPP been implemented as requested in the Notice to Correct letter dated February 2:8, 2008. Sincerely, Keith Brann, P.E. Assistant Director of Public V~orks/Town Engineer Cc: Jane Fairall, Deputy Town Attorney Corby Lust, Environmental Projects Coordinator Dan Grossman, Engineering. Aide Christopher I-ioey, KE & G Development, LLC Wayne Cassidy, Wayne Cassidy Paving & Construction rases w. ennc c~HTE~t a~tn~, . as > ~. nR~:o~aRSS~~-7~s sEt.~rHOrrE: qS~o) 3s2-2saa ~.vc: aa2_2sa~ {U0004954.DOC 1} x555 W. CIVIC CENTER D!?IYE, ELDG. A2 MARANA. ARIZCENA 85853-7oa3 '~ELEP3i~NE: {520) 382-2800 FAX: 92-2841 ~. - April 11, 2008 Saguaro Ranch L.L.C. P,O. Box 70207 Tucson Az. 85737 ATTN: Steven Phinny, President RE: SAGUARO RANCH; THORNYDALE ROAD IMPROVEMENT PLANS, PHASE 1 AND tl During the past several months Developmen# Engineering Division Staff have responded to calls and have visited the site of the work completed and ongoing in the public right of way at Thornydale Road which includes: the roadway, Contech`Arch, slope protection, right of way.. sig,nage, landscape and hardscape, vehicle barriers, temporary road construction,'and additioral driveway #or Single' Family Residence (SFR)located west,of Thornydale Road.' It is apparent that there needs to be a plan of action to complete the project in a timely fashion. After a complete review of the plans and permitting process it appears that the construction along. the Thornydaie Road right of way is not complete but the permits have expired and the additional work beyond the scope of the permit has continued. It is the responsibility of the Town of Marana to inform Saguaro Ranch L.L.C. of the requirements to correct the deficient work and the work performed without a permit. The following is a summary of deficiencies the Town has identified and the recommendations and suggestions to correct them: -~ 1. Res#oration of the natural area beneath the new Conspan Arch has never been completed. This area should be filled to the natural grade of the adjacent jurisdictional wash. The issue of concern is ponding and re-direction of flows that enter and leave the arch which will compromise the design scour protection. Please complete bringing the voids under the arch up to the original natural grade. Per ENG0408-003, Phase 1 Improvement Plan, the grade at station 16+00 should be re-established. Please complete this project within thirty (30) days of receipYof this letter. 2. Restoration of the jurisdictional wash .that crosses the temporary road constructed by Saguaro Ranch L.L.C. within the right of way at Thornydale Road has never been completed. The temporary roadway needs to be removed and re-vegetated to be considered complete. Re-vegetation includes mature plan#ing i E;;:,S's'v.::IljlC CENTER GIVE, Est.DL~. A2 r,4AS2RNA, ARIZCINA 85bu3•?D03 TELEPH©TVE: (52C1j 382-264{l fAX: 382-2G41 of native material that is consistent with the existing vegetation adjacen# to the temporary road. Please- complete. this project wi#hin thirty (30} days of receipt of this letter. An inspection by the Planning and Zoning Department is required prior to acceptance of the natural area within the right of way. -=f 3. Install the guard rail at the new Conspan Arch as part of Phase 11 Thornydale Road Improvement Plan ENG0408-003. The absence of a guard rail is a public safety hazard. Temporary barricades are not a solution to the Public safety responsibilities that Saguaro Ranch has in regards to the use of this righ# of way. Please erect the guard rail within thirty (30) days of receipt of this letter. 4. Riprap failure, no toe down. At station16+52.00 the riprap on the west side has failed. This section of riprap .has been undermined and should be removed and replaced. Please contact your engineer of record. It is apparent that the original design is insufficient and there should be a toe down at the bottom of the riprap. The lower portion of this riprap has water running alongside it and has been undermined by storm water. Rip-rap at Conspan is being undermined by failure to correct flow line under Conspan. Please have this problem corrected within thirty (30) days of receipt of this letter. 5. Entry driveway at station 12+50 approx., per improvement Plan for the Woodyard family on the west side has never been completed. This SFR is currently in for permitting a single family home. A conversation with Dave McCanse took place at the site on February 21, 2008 in the presence of the Vice President of Operations of Saguaro Ranch, Jerome Strack. Please have this area completed per plan by April 15, 2008 as discussed. The curb previously installed wiH need to be replaced on the south side and the north side curb does not meet the length requirements for the plan set ENG-0408-003. Please attend to this error as previously stated by May 10, 2008. 6. Entry monument, landscape and hardscape at sales office is in 150' right of way of Thornydale Road without record of a Right-of-Way Use Permit or License Agreement. No obstructive or hazardous improvement may. be placed within the Sight Visibility Triangle or Clear Zone. The paved parking area is also in the right of way, which would include parking space 18 as depicted on the TUP0205-002 submittal for the temporary sales trailer. Furthermore, the Temporary Use Permit (TUP) submitted indicated a decomposed granite parking lot, however, a paved parking lot was constructed without benefit of revised improvement Plans or permit. The monument, landscape and hardscape and the parking area within the right-of-way shall be removed onto private proper#y in their entirety within ten (10)days of receipt of this letter. 7. Road surface failure at five locations; 1). Sink hole at station 20+48.95 west side of roadway. 2). 22+25.00 sink hole Westside of travel lane, 3}. Cracked asphalt at 20+75.00. 4). Cracked asphalt at 24+25.00 west side. 5). Cracked asphalt 18+ 50.00. Please remove and replace asphalt per agreement with Dave McCanse #o patch all areas that fall within the bike path. All areas of failure with the travel path must be repaved per T.O.M. Moratorium Policy Addendum to Ordinance 91.21.. Per the conversation with Dave McCanse, it is the responsibility of Saguaro Ranch to rectify these issues as soon as possible. Pavement failures ~~~ ",;:~~~ may cause additional damage if left unattended. Please resolve this issue within thirty {30} days of receipt of this letter. 8. The nursery located within the right of way north of the tunnel has never had a right of way permit obtained by Saguaro Ranch L.L.C. Please come in to the Town of Marana Municipal Complex and apply for the Right-of-Way Permit for the Saguaro Nursery. This permit was a stipulation of discussion with Frank Cassidy, Town Attorney and Joe Tarver of Saguaro Ranch. Please resolve this issue within ten {10} days of receipt of this letter. In conclusion, it is the desire of the Town of Marana to see a completion of all aspects of the Thornydale Road construction in a timely and professional .manner. The ultimate goal of the Town is for Saguaro Ranch to complete all improvements for Phase 1, which include Thornydale Road for a close out of Phase I of the project within the next ninety {90) days. Town staff will be available for any ques#ions and/or comments in regards to the above listed items and for consultation to assist in the close out process. Sincerely, r Barbara F. Johnson Director of Public Works cc: Gilbert Davidson, Deputy Town Manager Keith Brann, Assistan# Director of Public Works/Town Engineer Aaron Suko, Development Engineering Division Manager Glenn Phillips, Engineering Technician Bruce Patton, Rick Engineering ~~~n FRANK CASSIDY Multi-PageT'" Chamberlain v Saguaro Ranch Dev. IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA THERESA CHAMBERLAIN, a married ) woman in her individual capacity ) and as a member of the public, ) STEVEN BLOMQUIST and SHARYL ) CUNNINGS husband and wife, ) individually and as members of ) the public, TIMOTHY BLOWERS a ) single man, individually and as ) a member of the public, ) Plaintiffs, ) ) vs. 1 No. 020083779 SAGUARO RANCH DEVELOPMENT ) CORPORATION, an Arizona ) corportion, SAGUARO RANCH ) ` INVESTMENTS LLC, an Arizona ) ~ limited liability company and ) DEPOSITION OF beneficiary under Title Security ) Agency of Arizona Trust No. 787, ) FRANK CASSIDY TITLE SECURITY AGENCY OF ARIZONA,) an Arizona Corporation as trustee) Tucson, Arizona of Title Security Agency of ) October 29, 2008 Arizona Trust No. 787, STEPHEN } 2:09 p.m. AND JANE DOE HINNY, a married ) couple, Extra Room, Inc. an ) Arizona Corporation, JAMES ) SCHWEBEL and MARY SCHWEBEL, ) husband and wife JOHN DOES 1-10; ) JANE DOES 1-10; XYZ CORPORATIONS ) 1-5; and ABC MUNICIPALITIES 1-5, ) Defendants.' ) JULIANNE ROESLY, RPR, CR, CSR CR #50302 (AZ), CSR #7756 {CA) EATON, GREEN & WILLIAMS, INC. 549 North Sixth Avenue Tucson, Arizona 85705 EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 • FRANK CASSIDY Multi-Pa~eTM Chamberlain v Saguaro Ranch Dev. Page 2 Page 4 l 1 * * >k 2 INDEX 2 BE IT REMEMBERED that the deposition of 3 WITNESS: PAGE: 3 FRANK CASSIDY was taken at the office of Weeks & 4 FRANK CASSIDY 4 Laird, PLLC, 2223 East Speedway Boulevard, in the s Examination by Mr. Weeks s 5 City of Tucson, County of Pima, State of Arizona, 6 Examination by Mr. Keiier u 6 before Julianne Roesly, a certified reporter for 7 Further Examination by Mr. Weeks a9 7 the State of Arizona, on the 29th day of October, g 8 2008, commencing at the hour of 2:09 p.m. an said 9 9 day, on behalf of the Plaintiff in a certain cause l0 1o now pending in the Superior Court of Pima County, 11 11 State of Arizona. 12 EXHIBITS: INITIALLY REFERRED TO: I2 * ~ 13 1 Deed of Easement 6 13 14 2 Preliminary Plat for Saguaro 13 14 15 Ranch, South Amended 1 S 16 3 Final Plat for Saguaro Ranch t6 16 17 4 Subdivision Public Report l9 17 18 5 Arizona Daily Staz Article 23 18 19 6 Page 5 of bench memo 24 19 20 7 plaguazo Ranch, South Amended 46 20 21 21 22 22 23 23 2a 24 25 25 Page 3 Page 5 1 APPEARANCES: I FRANK CASSIDY, 2 FOR THE PLAINTIFFS: 2 having been first duly sworn to state the truth, 3 WEEKS & LAIRD PLLC BY: STEPHEN M. WEEKS, ESQ. 3 the Whole truth, and nothing but the truth, 4 2223 East Speedway Boulevard Tucson, Arizona 85719 4 testified as follows: s 5 EXAMINATION 6 FOR THE DEFENDANT SAGUARO RANCH DEVELOPMENTS: 6 BY MR. WEEKS: 7 KELLER & HICKEY, P.C. BY: CRAIG KELLER, ESQ. ~I Q. Mr. Cassidy, could you stale your full name 8 2177 East Warner Road snite l03 8 for the record. 9 Tempe, Arizona 85284-3511 9 A. Frank Joseph Cassidy. 10 FOR THE DEFENDANTS JAMES and MARY SCHWEBEL: l O Q. And I assume you've been involved in a 1 t UDALL LAW FIRM, LLP 11 number of depositions before? l2 BY: /OHN 1. BRADY, ESQ. d801 East Broadway Boulevard 12 A. Yes. 13 Suite 400 Tucson, Arizona 85711-3638 13 Q. So you know all the ground rules. la 14 A. Yes. is 15 Q. Do I need to go over them again? 16 16 A. If you please, I don't think so, I've taken 17 t~ many depositions. la 18 Q. Fair enough. We'll just skip that section, l9 19 then. 20 20 You're aware that this lawsuit involves an 21 21 easement issue in the Tortolita Mountain area; 22 22 correct? 23 23 A. Yes. za 24 Q. And generally speaking, that easement that zs 25 we're discussing here today is the publicly deeded EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 Page 2 -Page 5 U r'KANK CASS1llY Multi-Page "" Chamberlain v Saguaro xancti .Uev. Page 6 i recording easement that goes from the Thornydale 2 right-of--way up to and behind McClintock's 3 Restaurant; is that fair to say? 4 A. The document recorded as, quote, public 5 easement, unquote, yes, right from Thornydale to 6 around McClintock's. 7 MR. WEEKS: And let's get this marked as 8 Exhibit 1. 9 (Exhibit 1 marked for identification.) 10 BY MR. WEEKS: 11 Q. Does this appear to be a copy of the 12 easement, as far as you're aware? 13 A. It looks like it, but as I recall, there la were several corrections and I'm not sure whether 15 this is the final one or not, but yeah, it looks -- 16 it looks like it's the one. t7 Q.Okay. Do you see on the first page, the 18 recording information? 19 A. Yes. 20 Q. Book 7718, page 333 through 338? 21 A. Yes. 22 Q.Okay. And you have no reason to dispute 23 this would be a copy of the easement? 24 A. Correct. 25 Q.Okay. Did you encourage the parties to Page 7 t engage counsel to get a declaration from the courts 2 as to the rights and responsibilities related to 3 this easement? 4 A. Yes. 5 Q, Now, my understanding is a part of this 6 easement is located within the Town of Marana 7 boundaries; is that right? 8 A. Yes. 9 Q. And part of it is located within Pima 10 County? 11 A. In the unincorporated Pima County, yes. 12 Q. And this easement doesn't specifically deed 13 any property to the Town of Marana, does it? 14 A. As far as I know, it doesn't, but it's a -- 15 an easement to the public, so to the extent the 16 land is located in the Town of Marana, the 17 Town of Marana represents the public, so that in my 18 opinion, the Town of Marana, to the extent this is 19 a valid public easement, does get easement rights 20 from this document. 21 Q.Okay. And likewise, this document here 22 doesn't specifically deed property to Pima County 23 either, does it? 24 A. Correct, the same answer. 25 Q. Just with the county? Page 8 1 A. With respect to Pima, yes. 2 Q. When was it that parts of this public 3 easement became incorporated into the 4 Town of Marana? 5 A. I don't really know. I think it was 6 probably around 2002 when Saguaro Ranch was 7 annexed, but there may have been other pacts of 8 land, other areas over there that were already 9 within the town limits. I'm just not sure of 10 exactly when different pieces came in. 11 Q. But to the best of your personal knowledge t2 and understanding, probably the majority of it 13 would have been around 2002? 14 A. Yes. 15 Q. You're the town attorney. for the 16 Town of Marana? 17 A. Correct. 18 Q. What are some of your duties and 19 responsibilities? 20 A.I represent the town itself, so the town 21 council, the town's departments, I give legal 22 advice to town officials. I -- my office defends 23 the town in litigation filed against the town or we 24 get outside counsel or we oversee outside counsel 25 who are hired by insurance companies, by our Page 9 i insurance company, so we basically do all of the 2 legal work for the town on the civil side. Then on 3 the criminal side, we prosecute misdemeanors within a the town limits. s We also provide advice to the police 6 department, they're one of our clients, not only 7 for purposes of investigating crimes but also for 8 anything else that they get involved in, personnel 9 matters and everything else, so -- lo Q.Okay. Do you have a fair amount of 11 experience working with the town with subdivision 12 issues? 13 A. Yes. 14 Q. Could you describe some of those duties is that you have. t6 A.1 am asked my opinion when there's an issue 17 relating to subdivisions. I think probably 18 Marana's the only municipality in the state where a 19 land-use lawyer can be the town attorney. I've 20 been aland-use lawyer my whole career and -- and 21 they -- there's a lot of land work in Marana, so 22 that's how I came to be the town attorney. 23 So I -- I do a lot of -- I handle a lot of 24 land-use questions and subdivision questions fall 25 under that umbrella, as well. EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 Page 6 -Page 9 • • FRANK CASSIDY Page 10 1 Q. As a land-use attorney, someone with a lot 2 of experience in that, do you know what the 3 difference is between a privately owned street and 4 a publicly owned street? 5 A.I think so, yes. 6 Q. What do you think is the difference between ~ the two? 8 A. Well, first and most obviously, a public 9 street is one in which the right-of--way is owned by to the government. And in a private street, the 11 right-of--way is owned by a private entity, but 12 there are lots of iterations. A government can own 13 the right-of--way and not actually have a street 14 there, or if there is a street there, they may not 15 have accepted it for maintenance, so you could have 16 a public right-of--way that doesn't have a public 17 street in the sense of it being maintained by the 18 public. 19 Also, some of the differences between 20 public and private streets are that many 21 jurisdictions have different street standards for 22 private streets as opposed to public streets. z3 So, for example, the amount of asphalt and 24 the amount of base, the number of inches of base 25 material in many jurisdictions can be less for a Page 11 I private street than it must be for a public street, 2 so there are various differences. 3 Q. With a publicly owned street, who's 4 responsible for the maintenance? 5 A. If the government has accepted maintenance, 6 the government is responsible for the maintenance. ~ Q. And with a privately owned street, who's 8 typically responsible for the maintenance? 9 A. Whoever owns the street. Usually street l0 ownership is turned over to a homeowners 1 t association that will assess homeowners fees to pay, 12 for street repairs and maintenance. 13 Q. Okay. And going back a moment to what you 14 were just discussing a moment ago, if I understand, 15 you said there were multiple iterations of how a 16 street could be used, either publicly or privately; 17 is that right? is A. Well, I was just trying to point out that 19 you can have publicly owned right-of--way that does 20 not necessarily have a publicly owned and 21 maintained road on it. I mean, obviously I suppose 22 any road on a public right-of--way is going to be 23 technically owned by the government, but they won't 2a mostly agree to maintain it. 25 Q. Okay: Well, Iguess -- and my question is, ' "' Chamberlain v saguaro Kancn lieu. Page 12 i can you have a private road that the public is 2 allowed to use? That's more of my question. 3 A. Well, the owner of a public street can. 4 Q. No, of a private street. 5 A.I'm sorry. 6 Q. Can than owner of a private street allow 7 the public to use it? 8 n.I'm sorry. The owner of a private street 9 certainly can grant to the public a right to use a t0 street, but in my opinion, in Arizona, it does not l1 become a public street unless it's dedicated and 12 I -- you know, even if it's used for a long time, 13 it cannot become a public street. 14 q. Okay. Would you agree that the roadway is that was on this easement was a privately owned 16 roadway that was deeded by the original landowners 17 for public use? 18 MR. KELLER: Object to the form. 19 THE WITNESS: Well, certainly the 20 Town of Marana was not maintaining the dirt roadway 21 that was within this easement area, so if that's 22 what your question is going toward, the Town of 23 Marana did not assert any maintenance 24 responsibility and did not maintain this dirt 25 road. Page 13 1 BY MR. WEEKS: 2 Q. And the town's never maintained the dirt 3 road? 4 A. As far as I know, they have not, that's 5 correct. 6 Q. And is not maintaining the dirt road or the ~ paved road now; correct? 8 A. You mean the paved portion? 9 Q. The paved portion of Old Ranch Road. 10 A. Correct, correct. 11 MR. WEEKS: Let's mark this Exhibit 2. 12 (Exhibit 2 marked for identification.) 13 BY MR. WEEKS: Ia Q. Exhibit 2 is a page of the preliminary plat 15 for Saguaro Ranch, South Amended. It says, 16 Submittal Number 3 on the second page. 17 Do you see the Submittal Number 3? 18 A. Yes. 19 Q.Okay. On the first page of that -- well, 20 first of all, I mean, this is a document that is 21 filed with the town; correct? 22 A. Yes, a preliminary plat is filed with the 23 town, but I' 11 point out that what you've handed me 24 is actually two 8-1/2 by 11 sheets that appear to 25 make up -- when you put them together, they would EATON, GREEN & WILLIAMS, INC. (520)623-OS93 $00-759-9022 FAX (520)882-4810 Page 10 -Page 13 L. J • 1N'KA1VK (:ASSlllY Multi-Pale "" (:hamberlain v saguaro xancn Lev. Page 14 1 make up a reduced copy of the front page of the 2 preliminary plat. 3 Q. Okay. But this is a document that would 4 have been filed as part of the plat approval 5 process; correct? 6 A. Yes. ~ Q. Okay. Do you see Item Number 14 there, 8 under the General Notes section? 9 A. Yes, I do. 1o Q. Okay. I'm going to read it out loud. If I 11 make a mistake, just stop me. 12 Approval of this plan does not affirm, 13 certify or approve any land division that may be la contrary to state law, nor does it certify the 15 existence of compliance with any deed restrictions 16 or easements. 17 Did I read that correctly? 18 A. That's what it says. 19 Q. So if this preliminary plat plan were 20 approved, it would not certify the existence of 21 compliance with any easements that were on the '22 property; correct? 23 A. That -- that's certainly what it says. I'm 2a wondering if it -- if there's a typo, existence or 25 compliance with. But in any event, that's what it Page 15 1 says. 2 Q. I wondered the same thing. 3 Okay. Would you agree that that statement 4 was a representation that was made by an agent for 5 Saguaro Ranch to the town that easements were a 6 separate issue to be handled apart from the 7 approval process? 8 A. Not -- not necessarily. I mean, I think 9 what it is is it's a representation that -- well, I 1o think it kind of speaks for itself as to what it 11 does, but there are a lot of easements contained on 12 a plat and so -- and we deal with easements on 13 plats, either eliminating them or creating them on la plats, so I don't think it's necessarily making any 15 representations about those, so I'm not sure. 16 Q.Okay. And easements on a plat, they would 17 be easements that would be part of the subdivision 18 plat; right? 19 A. Either part of a subdivision plat or the 20 plat should reflect any preexisting easements, as 21 well. We try to show what -- what the existing 22 title status is and any new easements that are 23 created by the plat, yes. 2a Q.Okay. And if the easement is abandoned, it 25 would be listed on the plat map as an abandoned Page 16 ~ 1 easement? 2 A. Yes. 3 Q.Okay. Let's look at Exhibit 3, then. 4 MR. WEEKS: Mark this, please. 5 (Exhibit 3 marked for identification.) 6 BY MR. WEEKS: ~ Q. Okay. Exhibit 3 is a copy af? 8 MS. CHAMBERLAIN: Do you want. a magnifying 9 glass? to MR. WEEKS: Actually, I had one that I 11 was -- you know what, I left it in my office. Let 12 me grab the magnifying glass because you may have 13 to read some it. la (Interruption in proceedings.) 15 BY MR. WEEKS: 16 Q. Can you tell by looking at the first page 17 of Exhibit 3 when this plat was approved? If you 18 look in the bottom left corner -- 19 A.Oh, yeah, there it is. 20 Okay. Yes, the attestation of Jocelyn 21 Bronson, that's what I was looking for, but for 22 whatever reason, it didn't jump out at me. 23 Yes, it was approved September the 2nd, 2a 2003. 25 Q. Okay. All right. If you could turn to the Page 17 1 page Bates-stamped, and the Bates stamp is in the 2 upper right corner, Bates-stamped ending with 51. 3 A. And while I'm turning to that, I want the a record, if you don't mind, to reflect that I'm 5 looking at a reduced 8-1/2-by-1l-size version of a 6 plat. A plat is usually 24 by 36, so it's ~, ~ obviously much harder to read than a normal one. 8 Q.I understand. 9 This was the side that was provided to us to and scanned in. 11 All right. Okay. Do you see the 12 highlighted section there in yellow? 13 A. Yes. 1a Q. Okay. While the printing is small, I want 15 you to look with your magnifying glass and see if 16 you can read along with me and tell me if I make 17 any mistakes. 18 It appears to read to me, 50-foot ingress, 19 comma, egress and utility easement, Docket 7718, 20 page 333, and the docket is abbreviated, as well as 21 the word "page." 22 A. It looks like that, although the number 23 50-foot is a little hard to read on this document, 2a but I have to assume that you're right, yes. 25 Q.Okay. And looking again at Exhibit 1, EATON, GREEN & WILLIAMS, INC. (520)623-0593 $00-759-9022 FAX (520)882-4810 Page 14 -Page 17 • • l+'KANK C;ASS1llY Multi-Pale ""' Page 18 1 which is the -- this document here, Docket 7718, 2 page 333, is the docket for this easement; correct? 3 A. Yes. I, 4 Q. And if you'll turn to page 52, again, the '~,, 5 writing is small, but it appears to have written 6 there 50-foot ingress/egress and utility easement, ~ Docket 7718, page 333; is that correct? 8 A. Yes. 9 Q. Okay. And, again, that's the easement t0 recorded in Exhibit 1; correct?. 11 A. Yes. 12 Q. And if you'll go to page 57, okay, on here, 13 it's on there three times again, each one saying 14 50-foot ingress/egress and utility easement, 15 Docket 7718, page 333; right? 16 A. Yes. 17 Q. Okay. And on page 58, there's another one 18 that has the same language? 19 A. Yes. 20 Q. On 59, it's on there three times? 21 A. Yes. 22 Q. On page b0, it's on there twice? 23 A. Yes. 24 Q. On page 61, it's on there twice? 25 A. Yes. Page 19 1 Q. On page 62, it's on there again? 2 A. Yes. 3 Q.Okay. I'm guessing that there may be some 4 more throughout, maybe some that I missed earlier 5 on some of the other sheets due to the size of the 6 font and things like that, but was the word ~ "abandoned" used in the description of that 8 easement in any of those sections? 9 A. No. to MR. WEEKS: Okay. Let's mark Exhibit 4. 11 (Exhibit 4 marked for identification.) 12 BY MR. WEEKS: 13 Q. Exhibit 4 is Saguaro Ranch, a 14 Saguaro Ranch, South Amended Subdivision Public is Report; right? 16 A. It looks like it, yes. 17 Q. Okay. What is a subdivision public report? 18 A. The State of Arizona, Department of Real 19 Estate requires all subdividers to submit, to 20 prepare and submit to the Arizona Department of 21 Real Estate a subdivision report that is intended 22 to give buyers of lots in the subdivision all 23 relevant information about what they're buying so 2a that a buyer of a subdivision lot, by looking at 25 the subdivision report and the subdivision itself C;hamperlain v saguaro tcancn t~ev. Page 20 1 will know everything that they're getting. It's 2 sort of a consumer protection law, if you will. 3 Q. Okay.. And does the town want buyers in 4 town subdivisions to receive this report? 5 A. Whether we want them to or not, they have 6 to receive it by law, so certainly if they didn't ~ receive it, we and the state Department of Real 8 Estate would be concerned about that, yes. 9 Q. Okay. If you could turn to page 11 and go to to Item Number 14. 11 A. Yes. 12 Q. That section there says, Easements and 13 rights incident thereto, as set forth in 14 instrument: Recorded in Docket 7718, page 333? 15 A. Yes. 16 Q.Okay. So this is a disclosure from 17 Saguaro Ranch that goes to the buyers disclosing 18 issues of concern -- that may be of concern to the 19 buyer; correct? 20 MR. KELLER: Object to the form. 21 THE WITNESS: Actually, if you look back on 22 page 7, it talks about the title, in other words, 23 the status of the title, and it has listed or it -- 2a as the last item under the Title section, it 25 identifies Exhibit A as the list of exceptions to Page 21 i title. 2 And so, yes, you're correct, Item 14 that 3 you just read is one of the title exceptions, 4 correct. 5 BY MR. WEEKS: 6 Q. Okay. And, again, that docket and page ~ number that I just read is the docket and page 8 number for the easement recorded in this case? 9 A. Exhibit 1, yes. 1o Q. Exhibit 1. 11 Looking at the first page of Exhibit 4, if 12 you could pull it back up again real quick, it has 13 two dates listed on it, the first one being a date 14 of November 18, 2003, and a second date saying is First Amended -- Amendment, August 19, 2005. 16 Did I read that correct? 17 A. Yes. 18 Q. Okay. And both of those dates were after 19 the final plat approval that we discussed in 20 Exhibit 3; correct? 21 A. Yes. 22 Q. Saguaro Ranch has made the argument that 23 the Town of Marana intentionally abandoned the 2a easement when it approved the plat for Saguaro 25 Ranch. EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 Page 18 -Page z 1 • • FRANK CASSIDY Multi-PaieT"` Chamberlain v Saguaro Ranch Dev. Page 22 Page 24 1 Are you aware of that argument? 1 But who knows, I might have actually said it this 2 A. Yes. 2 way, but certainly I don't do the abandonments. 3 Q. Is that how an abandonment -- I can't 3 Q. But the substance is accurate? 4 speak, an abandonment is normally done for the 4 A. Yes. 5 town? 5 Q. Okay. And likewise, is the substance of 6 MR. KELLER: Object to the form. 6 the town's position accurately portrayed in the 7 THE WITNESS: No. 7 article? 8 BY MR. WEEKS: 8 A. Are you referring to this is a private 9 Q. You understood the question? 9 matter that the town doesn't want to get involved 1o A. Yes. Just to elaborate, though. 10 in the quote from Mr. Pedersen. 11 Q. Uh-huh. 11 Q. Yes. t2 A. We do abandonments of easements and 12 A. That was, in fact, the position of the town t3 rights-of--way by plat, it's a common thing to do. 13 at the time of this article, yes. t4 I have not seen an abandonment of that type occur 14 MR. WEEKS: Okay. Let's mark this as 15 without there being some notation of that effect on 15 Exhibit 6. 16 the plat, so -- 16 (Exhibit 6 marked for identification.) 17 Q. And that did not occur in this plat 17 BY MR. WEEKS: 18 situation? 18 Q. Now, this is page 5 of a bench memo that 19 A. Correct. 19 was filed by Mr. Keller on behalf of his client 20 Q. So to the best of your knowledge, did the 20 with the trial court back in June of this year. 21 town intend to abandon this easement when it 21 And if you'll look at line 11, starting 22 approved this plat? 22 with the word, "If Plaintiff has a claim," do you 23 MR. KEI.LER: Object to the form. 23 see that? 24 THE WITNESS: I can only speak for myself, 24 A. Yes. 25 of course, and -- and so I don't know what was in 25 Q. Okay. Stop me if I read it incorrectly. Page 23 Page 25 i the minds of the councilmembers when they approved 1 If Plaintiff has a claim related to this 2 it, but I will tell you that this is not the normal 2 easement, it is against the Town and not the 3 way that we would go about abandoning an easement. 3 Defendants." a MR. WEEKS: Okay. And let's mark this as a Did I read that accurately? 5 Exhibit 5. 5 A. Yes. 6 (Exhibit 5 marked for identification.) 6 Q. Do you agree that the plaintiff should be 7 BY MR. WEEKS: 7 filing a lawsuit against the town related to this 8 Q. Exhibit 5 is a copy of a news article that 8 easement issue? 9 was published by the Arizona Daily Star on or about 9 A. No. 1o August 21st of 2008. 1o Q. You believe Mr. Keller is incorrect in his 11 Have you seen this article before? 1 t assessment? t2 A. Yes, I think I have. 12 A. Yes. 13 Q. If you could take a moment to read through 13 MR. WEEKS: Okay. I'm all finished and you is it and let me know when you're done. 1a can go ahead, Mr. Keller. 15 A.Okay. 15 EXAMINATION 16 Q. To the best of your recollection, were you 16 BY MR. KELLER: 17 quoted accurately? 1'7 Q. Can I call you Frank? t8 A. Certainly the substance is correct. I 18 A. Yes. t9 don't think I would have said -- that's not the way 19 Q. Frank, would you look at Exhibit 2 to your 20 I normally do an abandonment for the town. I think zo deposition. I'd like you to look at Item 14 in 21 probably what I actually said was that's not the 21 Exhibit 2. 22 way that I normally paper an abandonment for the 22 A. Yes. 23 town. 23 Q. Did you review Exhibit 2 to your deposition 24 In other words, I don't do the 24 at any time during the Saguaro Ranch subdivision 25 abandonments; the council does the abandonments. 25 approval process? EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4$10 Page 22 -Page 25 • • FRANK CASSIDY Page 26 1 A.I doubt it. I can't say for sure, but I 2 doubt it. 3 Q. So is it a fair statement that as you sit a here today, you don't recall reviewing Exhibit 2 5 during the time Saguaro was dealing -- 6 Saguaro Ranch was dealing with the Town of Marana ~ to get annexed in and approval for its development? 8 A. Yes, that's a fair statement. 9 Q.Is 14 a typical statement that you would io expect to see in a preliminary plat for a i 1 subdivision in the Town of Marana? 12 A. Yes. 13 Q. What does that mean, exactly, to you? And 1a by that I mean, what does Section 14 of Exhibit 2 15 to your deposition mean? 16 A. General Note 14 is simply keeping or 17 attempting to keep the town out of the position of 18 taking -- being considered to have made a 19 representation based on the approval of a plat. 20 So, for example, if a person by filing a 21 plat is creating somehow an illegal lot split, 22 either because the subdivision doesn't include 23 entire lots or something and -- and remainders of 24 lots are left or doesn't address certain 25 conditions, General Note 14 is intended to say, Page 27 1 look, it's up to the engineer to be responsible for 2 those sorts of things. By our acceptance of this 3 plat, we're not giving our blessing to whatever 4 else the engineer and the surveyor are doing and 5 showing on the document. 6 Q. And so is it a fair statement that General ~ Note Number 14 first says that if the town approves 8 of this plan, there is no approval given to any 9 action which would be contrary to state law 1o relative to a land division? 11 A. Correct. 12 Q. And is it also a fair statement that 13 Section 14 of Exhibit 2 to your deposition, in the 14 General Note section, is also a statement that the 15 town is taking no position with respect to the plat 16 map as to whether the subdivision complies with any 17 deed restrictions or easements, if any, there may 18 be? 19 A. Correct. 20 Q. Does the town have a set of General Notes 21 which it shares at some point with a potential 22 developer that would be required to be within a 23 plat map eventually submitted for approval? 24 A. Yes. 25 Q. Is Number 20 on Exhibit 2 to your "" Chamberlain v saguaro l<cancn lieu. Page 28 1 deposition a typical general note that is shared 2 with the developer in the Town of Marana? 3 A.It is a form of a standard note, but let me a just explain that because not all subdivisions have 5 private common area. Most of them do, so I suspect 6 you would find this same note on any plat that has ~ common areas that are for private use of -- of the 8 subdivision lot purchasers. 9 So yes. I mean, if you looked at town 1o documents, you'd find this wording and it's 11 appropriate for this particular situation. 12 Q. And did you learn at some point that the t3 common areas as shown on either this plat, 14 Exhibit 2, or other plats, covered property that is 15 also listed in Exhibit 1 to your deposition? 16 A. Yes. 17 Q. And so is it a fair statement, then, that 18 the dirt roads which later turned into asphalt 19 roads were shown as common areas on the plat, 20 either Exhibit 2 or some other plat map? 21 A. I think that's right. I mean, I seem to 22 recall that, for example, the roads and things 23 are -- and then there's also like some kind of a 24 trail that seems to cross this disputed easement 25 area. So yes, I believe that's correct. Page 29 1 Q. And in General Note 20, isn't it true that 2 common areas as shown on the plat are reserved for 3 the private use and convenience of all owners of ~~ a property within the Saguaro Ranch subdivision? 5 MR. WEEKS: Object to form. 6 THE WITNESS: Well, that's what it says. 7 BY MR. KELLER: 8 Q. And do you see any ambiguity in that 9 wording? 1o A.I think it's wrong, basically. I think 11 it's wrong to the extent that it can be interpreted 12 to say that acommon-area designation somehow wipes 13 away some preexisting easement. And, in fact, when 1a you bring General Note 14 into the mix, I think 15 essentially what we're saying is, okay, to the 16 extent you're showing it as common area, the rights 17 that you're granting pursuant to the common-area 18 designation are for the private use of the -- of 19 the buyers of subdivision lots, but the town is not 20 making any representation about whether that is 21 sufficient to wipe away underlying easement rights. 22 Q. So is it your testimony today that by 23 virtue of approval of the plat map, the town takes z4 no position on where easements are or who would 25 enjoy any rights to such easements? EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 Page 26 -Page 2y FRANK CASSIDY Multi-Page'"' Chamberlain v saguaro lcancn t~ev. Page 30 1 MR. WEEKS: Object to form. 2 THE WITNESS: Not necessarily. But if 3 you're asking with respect to this easement, in a other words, the easement that's in Exhibit 1, the S town didn't take any position. 6 BY MR. KELLER: ~ Q. Now, these plat maps are subject to an 8 approval process; correct? 9 A. Yes. 10 Q. And that approval process includes review 11 by a subdivision engineer; correct? 12 A. Yes. 13 Q. And the approval process also includes 1a review and approval by the Marana planning 15 director; correct? 16 A. Yes. 17 Q. And finally, a plat is then subject to 18 approval by the Marana town council; correct? 19 A. And others. It goes to the Planning 20 Commission, or at least the preliminary does. In 21 fact, I think the final goes to the Planning 22 Commission. 23 Q. And doesn't General Note 20, which were 2a approved, by Note 20 and other notes which were 25 approved by the subdivision engineer, the planning Page 31 1 director and the town council of Marana, state that 2 in Number 20, the common areas, as reserved for the 3 private use and convenience of the property owners 4 within the subdivision, provided for a grant and 5 easement to Pima County for -- and utility 6 companies only for the installation and maintenance ~ of underground utilities and public sewers? 8 MR. WEEKS: Object to form. 9 THE WITNESS: Well, it doesn't say "only." 1o It says, and utility companies for the installation 11 and maintenance of underground utilities and public 12 sewers, yes. 13 BY MR. KELLER: 14 Q. Okay. When you read General Note 20, do 15 you believe that Pima County and utility companies 16 have easement rights to anything other than 17 installation and maintenance of underground 18 utilities and public sewers? 19 A. No. I was just pointing out that the word 20 "only" isn't in there. I agree that that's what 21 that note addresses. 22 Q. And would you also agree with me that if 23 the roads, dirt, asphalt, or otherwise as shown in 24 Exhibit 1 are also shown as common areas on the 25 plat, that in accordance with the wording in Page 32~ 1 General Note 20, those roads, dirt, asphalt or 2 otherwise are reserved for the private use and 3 convenience of all owners of property within the 4 subdivision? 5 MR. WEEKS: Object to form. 6 THE wTTNESS: That's what 20 says, but I ~ think my previous answer addressed that point. 8 BY MR. KELLER: 9 Q. So is it your testimony, Frank, that the 10 preliminary plat, Exhibit 2 to your deposition, 11 contains an erroneous Note 20? 12 A. Yes, yeah, I think it's -- especially as 13 it's being read by you now, I certainly don't have 14 any reason to believe that we intended to wipe 15 clean any underlying rights that somebody might 16 have had. 17 But another thing I might point out is that 18 we are looking at a note on the preliminary plat. 19 It's the final plat that gets recorded and is the 20 title document, so just as a point of 21 clarification. 22 Q. And the final plat to which you just 23 referred, is that Exhibit 3 to your deposition? 24 A. Yes. 2s Q. And what's the purpose of the Dedication on Page 33 1 page 1 of Exhibit 3? 2 A. Well, the purpose -- there are several 3 purposes, actually, for a Dedication statement and 4 I think it kind of speaks for itself, but just in 5 general terms, what a Dedication does is it's a 6 representation by the person who prepares and 7 submits the plat that they have the right, all of 8 the legal rights necessary to submit the plat. 9 And then also that the Dedication language 10 identifies to whom -- the various rights identified 11 in the plating. I mean, that's generally what a 12 Dedication does, but I didn't actually read this 13 one before saying that mostly because it's awfully 14 hard the read, but I'tl take a moment to do that 15 now. 16 A. Okay. 17 Q. So the record's clear you just read the 18 wording of the Dedication section, which is sort of 19 the middle column of page 1 of Exhibit 3, the final 20 plat map for Saguaro Ranch? 21 A. Correct. 22 Q. And after having read that, would you 23 change your previous answers as to the purpose of 24 the Dedication in any respect? 25 A. No. EATON, GREEN & WILLIAMS, INC. Page 30 -Page 33 (S20)623-OS93 800-759-9022 FAX (520)882-4810 • • FRANK CASSIDY Multi-Pale' "' Chamberlain v Saguaro Kanch lieu. Page 34 i Q. General Note 20 on Exhibit 2 is very 2 similar to wording set forth in the Dedication 3 section, which you just read on Exhibit 3; correct? 4 A. Yes. 5 Q. And did you review the final plat map, 6 Exhibit 3 to your deposition, at some point during 7 the Town of Marana approval process? 8 A. Probably not. I mean, I' m sure I saw it 9 because I sit at all of these meetings, but I don't io necessarily read all of the General Notes on every 11 plat that comes to the town council or the Planning 12 Commission for approval. 13 Q. If the Marana town attorney had a problem 14 with language set forth in a final plat map, isn't 15 it true, that approvals such as those in the lower 16 left-hand corner of Exhibit 3 by the Development 17 Services administrator and the planning director 18 and the clerk in the attest section would not be 19 placed on the document? 20 MR. WEEKS: Object to form. 21 THE WITNESS: No, I don't think that's 22 true. 23 BY MR. KELLER: 24 Q. So -- 25 A. In other words -- go ahead. Page 35 1 Q. Is it your testimony that at times persons 2 in those positions sign notwithstanding the fact 3 that you have an objection to wording within a 4 final plat map? S A. I think a more accurate statement would be 6 that this kind of signature is attached to a 7 subdivision plat without asking the town attorney 8 for advice as to the wording. And so, in other 9 words, I give my clients legal advice when they ask 10 for it. t 1 Q. Do you recall having a circumstance where a 12 preliminary -- strike that. 13 Do you recall having a circumstance where a 14 final plat map was about to be signed by persons 15 employed by the Town of Marana and to which you had 16 objections to the language, but no advice was 17 sought? 18 MR. WEEKS: Object to foriTi. 19 TAE WITNESS: I'm not sure I understand. BY MR. KELLER: Q. All right. I'm -- I think I understand your previous answer where perhaps at times your client doesn't seek advice before signing final plat maps such as Exhibit 3. A. Correct. Page 36 1 Q. If you knew that the town was going to sign 2 a plat map that had language to which you objected, 3 yet no advice from you was sought, would you a nevertheless provide some warning to those about to 5 sign? 6 A. Yes. 7 Q. All right. 8 A. Certainly if it was brought to my attention 9 and I felt it was a legal issue, I would bring it to to the attention of my client and hopefully they 11 would follow my advice. 12 Q. Isn't it true that the fair reading of the 13 Dedication section of the final plat map, 14 Exhibit 3, indicates that common areas are streets 15 within the Saguaro Ranch subdivision, the rights to 16 which are reserved to the owners of lots within 17 that subdivision? 18 MR. WEEKS: Object to form. 19 THE WTfNESS: Yes. But, again, I think the 20 fair reading is that to the extent those common 21 areas were created by the plat, to the extent there 22 are now rights created by the plat, they're only 23 being given to the subdivision lot owners. That's 24 what I think it really means. I don't think that 25 there would be any intention by the town in Page 37~ 1 approving language like that to say, oh, by the 2 way, any preexisting underlying rights are hereby 3 wiped clean. 4 BY MR. WEEKS: 5 Q. Your testimony is that you were involved in 6 the final plat map process for Saguaro Ranch; 7 correct? 8 A. Well, involved just means I was sitting at 9 the public meeting when the thing was approved. I 1o did not -- I do not recall reviewing each. and every 11 note on this plat. In fact, I don't even remember 12 reading the notes on this plat. In fact, it's not 13 my normal practice unless asked about something by 14 a client to actually read notes on the plat. 15 Q. So is it a fair statement, then, that the 16 Marana Development Services administrator, the 17 planning director, and the clerk handle approvals 18 for final plat maps without your giving an opinion 19 or making comments about the effect of notes or 20 Dedication language? 21 A. It's correct that they -- they approve them 22 without talking to me, unless they have a question 23 about a legal issue that arises out of one of the 24 notes, and then they will ask me. 25 Q. And is it also your testimony that the town EATON, GREEN & WILLIAMS, INC. (520}623-0593 800-759-9022 FAX (520)882-4810 Page 34 -Page 37 • lJ • 1+'1KANIK CASSIDY Page 38 1 engineer or Development Services administrator did 2 not seek your advice relative to the Dedication 3 language and the Note section before affixing his 4 signature on Exhibit 3? 5 A. I believe that's correct. I do not ever 6 recall discussing the Saguaro Ranch plat notes with ~ either the town engineer or the planning director. 8 Q. Does the same answer hold true as to 9 Jocelyn Bronson, the town clerk? 10 A. Yes. 11 Q. And so when you made certain comments in 12 response to Mr. Weeks' earlier questions about the 13 General Notes on the preliminary plat, Exhibit 2, 1a or the final plat, Exhibit 3, you were making those 115 comments after Exhibit 3 had already been signed by 16 various Town of Marana officials and, in fact, 17 litigation was filed -- 18 A. Yes. 19 Q. -- is that true? 20 And would you also agree with me that your 21 opinion as to the wording and meaning of the 22 Dedication on the preliminary plat, Exhibit 2, and 23 the final plat, Exhibit 3, would not be 2a particularly probative as to what the town 25 engineer, Development Services administrator, or Page 39 1 planning director intended when they affixed their 2 signature on Exhibit 3 without consulting with you 3 as to the meanings of the language in the 4 Dedication or General Note section? 5 MR. WEEKS: Object to form. 6 THE WTfNESS: Yes. 7 MR. KELLER: Could you read that back for 8 me, please. 9 (The record was read by the reporter. ) 10 BY MR. KELLER: 11 Q. While lengthy, you nevertheless understood 12 the question; correct? 13 A. I think I did, yes. 1a Q. Have you ever seen any document which 15 relates to Exhibit 1 and actually depicts where the 16 asphalt road is in comparison to the legal land 17 description on the easement deed? 18 A. Yes. 19 Q. And what document would that be? 20 A.I have seen a drawing that's overlaid on an 21 aerial photograph and it was prepared by the town's 22 G1S, geographic information systems folks at the 23 request of Mr. Blowers, I believe, and it shows the 24 location of the easement. And then you can see, 25 because you can see the photograph, you can see "" Chamberlain v aa~uaro ttancn tuev. Page 40 I, 1 where the pavement is. 2 Q. And is it your recollection that the 3 pavement matches where the easement is shown? 4 A. There are several places where it does and 5 there are places where it doesn't. For example, 6 once you get just north of Steven Phinny's lot, in 7 other words, this easement goes through Steven 8 Phinny's lot and then it hits Old Ranch Road, right 9 there, it does seem to follow. As it follows Old 1o Ranch Road around, it looks like it follows it. 11 And if my recollection is right, there's a sweeping 12 right turn of Old Ranch Road at a location where 13 the easement actually trails off to the west a 1a little bit. And then there's another place as you 15 go further up where the easement is a little bit 16 west of the paved road. 17 There may be other instances, but those are 18 the ones that jump out in my mind. 19 Q. Have you seen any documents signed by 20 anyone which purport to realign the easement with 21 the actual paved surfaces? 22 A. Yes, yes. Jce Tarber showed me and 23 explained to me that process, yes. 2a Q. In your experience, does a Subdivision 25 Public Report, such as Exhibit 4 to your Page 41 1 deposition, make any representations relative to 2 the effect of any easement that might be shown in a 3 preliminary title report? 4 A. Well, it makes a representation that it 5 exists. It's astatus -- it says that as far as 6 the status of title, there is an easement aut 7 there. I don't recall whether it explains what the 8 extent of the use of the easement is or anything 9 like that. to Actually, I've not generally represented 11 developers in the subdivision report preparation 12 process and so I've not personally handled those t3 much. I'm usually representing the local 1a government and we typically don't get that report. 15 It goes to the state Department of Real Estate. 16 Q. Look at Exhibit 4, page 7. It's the 17 preliminary report, under the section entitled 18 "Title." 19 A. Title, yes. 20 Q. There's some bold language in the third 21 paragraph, all capital letters, that says, You 22 should investigate the title and satisfy yourself 23 as to what effect, if any, these matters may have 2a on the use of the land. 25 That section is referring to Exhibit A, the EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 Page 38 -Page 41 • r~xEUVx Ca~~iliY Multi-Page "" Page 42 1 preliminary title report, which Mr. Weeks pointed 2 out, Number 14, relative to an easement; correct? 3 A. Yes. 4 Q. And the last sentence of the section title 5 on page 7 in bold says, You should obtain a title 6 report and determine the effect of the listed ~ exceptions. 8 You would agree with me that that language 9 indicates that the State of Arizona Department of 1o Real Estate is making no representation, warranty, 11 statement relative to the effect of any of the 12 exceptions, including an easements shown on 13 Exhibit A. 14 MR. WEEKS: Object to form. 15 THE WITNESS: In that language, that is 16 what I believe the Department of Real Estate is 17 saying, yes. 18 BY MR. KELLER: 19 Q. Have you read any of the bench memos 20 submitted by any party to Judge Davis in this case? 21 A.I don't think so. I may have. I've looked 22 at the file online and I've glanced through some of 23 the pleadings, but I think I only reviewed the 24 Complaint and the Amended Complaint. I don't 2s recall ever having seen certainly this particular Page 43 i bench memo, but I could be wrong. I just don't 2 recall 3 Q. Has anyone at the Town of Marano ever told a you that it was their intent to reserve or have any 5 easement within the Saguaro Ranch subdivision other 6 than for the installation of or maintenance of 7 utilities? 8 MR. WEEKS: Object to form. 9 THE WITNESS: No. ,10 BY MR. KELLER: i l Q. This Arizona Daily Star article, Exhibit 5 12 to your deposition, the second from the last t3 paragraph on page 1, it says, according to the 14 reporter, Mr. Pedersen, that according to you, no 'ts such abandonment occurred. 16 When you told Mr. Pedersen that, you were 17 expressing your personal opinion; is that right? is A. Yes. Well, my personal and professional t9 opinion, yes. 20 Q. The next sentence says, "He said he 21 believes," and the "he" is referring to you; is 22 that right? 23 A. Hold on. Oh. 2a Q. See where it says, "He said he believes"? 25 A. Yes. Chamberlain v Saguaro Kancn t~ev. Page 44 1 Q. Mr. Pedersen, the author of the article is 2 indicating, it's you when he says "he"; correct? 3 A. Yes. a Q. And when you spoke to Mr. Pedersen sometime 5 around August 21 of 2008, did you have the belief 6 that Saguaro Ranch thought the path was abandoned ~ because the approved plat maps didn't identify the 8 easement? 9 A. Yes. Clearly I was incorrect because the to plat does show the easement, but at the time I 11 talked to Mr. Pedersen, I had the impression that 12 the reason Saguaro Ranch was making the argument 13 was that they were not noted on there, so -- 14 Q. And so Mr. Pedersen was correct in his 15 reporting and you were erroneous in your belief; is 16 that true? 17 A. Correct, yes, that's correct. is MR. BRADY: Who would have thought. 19 BY MR. KELLER: 20 Q. Has the town formally sought any opinion 21 from you as to whether there was any abandonment by 22 virtue of the plat maps in this matter? 23 A. I am hesitating because the subject has 24 come up and I would violate a privilege if I were 25 to explain it. Page 45 1 My recollection is that this subject was 2 discussed after the judge issued his ruling in your 3 case, and I read it and it looked to me like it was 4 inviting the town to weigh in on it. 5 I set an executive session with the 6 council, and because it's an executive session, I'm ~ not at liberty to tell you what we discussed. 8 Q. So is it a fair statement that your opinion 9 as to whether the Town of Marano abandoned any 10 easement that may have existed at any time in 11 Saguaro Ranch subdivision was only sought after 12 Judge Davis issued his decision denying the 13 preliminary injunction? 14 A. I wouldn't really say so because when you 15 say the Town of Marano, you're not only talking 16 about the counsel but also individual officials, 17 and so -- but, again, to the extent I spoke to 18 officials of the town before the judge's ruling, 19 that would be the subject of a privilege and I -- 2o I'm not willing to -- to go into that. 21 Q. Was there, in fact, an amended plat map for 22 Saguaro Ranch after 2003? 23 A. There may have. I don't remember whether 24 it covered the entire thing, but there have been -- 2s there's been a series of plats, and whether one EATON, GREEN & WILLIAMS, INC. (520)623-0593 500-759-9022 FAX (520)882-4810 Page 42 -Page 45 • • FRANK CASSIDY Multi-Pale'"' Chamberlain v saguaro xancn Lev. Page 46 i amended a portion of the other or completely 2 amended it, I don't know. That should reveal to 3 you some -- that should give you some indication of 4 how closely I track such things. 5 Q. Which means you don't track such things 6 very closely; correct? 7 A. That's correct. 8 Q. And by "such things," we're talking about 9 when preliminary final or amended plat maps, if 1o any, were created or filed. relative to the 11 Saguaro Ranch subdivision? 12 A. Right. 13 MR. KELLER: Would you mark that as the 14 next exhibit, .;please. 15 (Exhibit;? marked for identification.) 16 BY MR. KELLER: 17 Q. Do you recognize Exhibit 7? 18 A.It looks like it's a plat for 19 Saguaro Ranch, South Amended, which is, of course, 20 in the Town of Marana, yes. 21 Q. And what date was Exhibit 7 approved by the 22 Town of Marana? 23 A. I have to do this again here. 2a Q. It looks like May 3rd of 2005. 25 Do you see that, above the recording data Page 47 1 section? 2 A. Yes, I do. 3 Q. And obviously, that was after the date of 4 the approval of Exhibit 3? 5 A. Correct. 6 Q. And the clerk is attesting to the fact on 7 Exhibit 7 that the plat was approved by the mayor s and counsel of the town of Marana; correct? 9 A. Yes. t0 Q. So there's no issue, in your estimation, as 11 to whether Exhibit 7 was properly approved by the 12 notation of the signatures; correct? 13 A. Correct. 14 Just far the record, though, again, this is 15 an 8-1/2-by-11 reduction of -- of a subdivision 16 plat that's normally 24 inches by 36 inches and 17 much easier to read. 18 Q. Go back to the Dedication section of 19 Exhibit 7, if you would, in the left-hand section, 20 the very first column. 21 Would you agree with me that the fourth 22 paragraph that starts, Common areas as shown here 23 are reserved for the private use and convenience of 24 all owners of property within this subdivision, 25 their guests and invitees and are granted as Page 48 1 easements to the Town of Marana, Pima County, and 2 utility companies for the access, installation, and 3 maintenance of underground utilities and public 4 sewers, is either identical or nearly identical 5 language to other language we've seen in either the 6 preliminary or final plat, Exhibit 3? 7 A. Yes, similar. 8 Q. Have any of the parties in this case made 9 any public documents requests to the io Town of Marana, to your knowledge? l i A. Yes. 12 Q. And who has done that? 13 A. Theresa Chamberlain, Timothy Blowers. I 14 think that's it. I'm -- 15 MR. WEEKS: Parties, but I represent all of 16 them, but I had the one for the police reports -- 17 THE WITNESS: Okay. 18 MR. WEEKS: -- that we got not related to 19 the easement but related to the arrest issue. 20 THE WITNESS: Okay. 21 MR. KELLER: I have no further questions. 22 MR. BRADY: I have no questions. 23 MR. WEEKS: Just one short follow-up. 24 /// 25 /// Page 49~ 1 FURTHER EXAMINATION 2 BY MR. WEEKS: 3 Q.If you could look at Exhibit 4 again at 4 page 5. 5 The top paragraph there under the heading 6 Streets, Roads and Drainage is titled "Access to 7 the Subdivision." Do you see that? 8 A. Yes. 9 Q.I'm going to read it. If I make any 1o mistakes, just let me know. 11 Asphalt paved and Graded dirt public 12 streets are complete and maintained by the 13 Town of Marana and a Dirt Ingress and Egress 1a Easement is complete and maintained by the IS Subdivider. 16 Did I read that right? 17 A. Yes. 18 Q. Okay. Asphalt paved and graded public 19 streets would be Thornydale, going up to the road 20 that goes into the tunnel, correct, would be the 2t asphalt street? 22 A. Yes. 23 Q. And then the dirt street would be z4 Moore Road, which is maintained by the town; 25 correct? EATON, GREEN & WILLIAMS, INC. (520)623-0593 800-759-9022 FAX (520)882-4810 Page 46 -rage 4y FRANK CASSIDY Multi-PageT"` Chamberlain v Saguaro Ranch Dev. • • EATON, GREEN & WILLIAMS, INC. Page 50 -Page 52 (820)623-0893 800-759-9022 FAX (820)882-4810 Page 50 Page 52. 1 A.I suppose so. I don't know why they would 1 C E R T I F I C A T E 2 think of Moore Road as necessarily being access to 2 3 the subdivision, unless you happen to have gotten 3 BE IT KNOwN that I took the foregoing 4 there in a little bit of a roundabout way, but I 4 deposition; that I was then and there a certified 5 suppose it could be read that way, yes. 5 reporter for the State of Arizona; that by virtue 6 Q. Okay. And the dirt ingress and egress 6 thereof, I was authorized to administer an oath; 7 easement that is complete, that is the easement 7 that the witness, FRANK CASSIDY, before testifying 8 that we're talking about here in combination. with 8 was duly sworn to testify to the whole truth and 9 the Thornydale right-of--way that goes over the 9 nothing but the truth, and the testimony of the 1o hill; is that right? to witness was reduced to writing under my direction. 1l A. I have no idea. 11 I DO FURTHER CERTIFY that I am not a 12 Q. Okay. Would that be your assumption, based 12 relative or attorney of either party or otherwise 13 off of your knowledge of the area? 13 interested in the event of this action. l4 MR. KELLER: Object to the form. 14 Deposition review and signature was not 15 THE WITNESS: I really have no idea what -- 15 requested. 16 what was -- what it was addressed to. 16 17 BY MR. WEEKS: 17 Dated this 5th day of November, 2008. 18 Q. Fair enough, okay. 18 19 And I have no other questions. 19 Julianne Rcesly 20 THE REPORTER: Read and sign? 20 CeCR Ne~~ porter 2I MR. WEEKS: Do you want to read the text of 21 22 the transcript? 22 23 THE WITNESS: No, I' 11 waive signature. 23 24 THE REPORTER: Copies? 24 25 MR. BRADY: The reduced only. 25 Page 51 1 MR. KELLER: I'd like the whole, old 2 people's version of large text with all the 3 exhibits, please. 4 MR. WEEKS: And I'd like also a video. 5 THE REPORTER: What would you like? 6 MR. WEEKS: I'd like the condensed and the ~ regular, and I don't need the exhibits. I think 8 I've got them.. 9 10 11 (Signature waived) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FRANK CASSIDY Multi-Pa>;eT"' #50302 -City #50302 12) 1:23 52:20 #{7756 tt) 1:23 -&- & 1a) 1:24 3:3,7 4:3 -/- / (6) 48:24,24,24,25,25 48:25 -1- • • l 1ta1 2:13 6:8,9 17:25 18:10 21:9,10 28:15 30:4 31:24 33:1,19 39:15 43:13 1-10 121 1:19,20 1-5 [2) 1:20,20 10311) 3:8 11 [3) 13:24 20:9 24:21 13 m 2:14 14 )tz) 14:7 20:10 21:2 25:20 26:9,14,16,25 27:7 27:13 29:14 42:2 16111 2:16 18111 21:14 19 121 2:17 21:15 -2- 2 [t~1 2:14 13:11,12,14 25:19,21,23 26:4,14 27;13,25 28:14,20 32:10 34:1 38:13,22 20 (tot 27:25 29:1 30:23 30:24 31:2,14 32:1,6,11 34:1 2002 tz) 8:6,13 2003 [31 16:24 21:14 45:22 2005 [z) 21:15 46:24 2008 ts) 1:16 4:8 23:10 44:5 52:17 21111 aas 2177 tt1 3:8 21St [tl 23:10 2223 [z1 3:4 4:4 23111 2:18 24 [3) 2:19 17:6 47:16 25 (t) 2:6 29 [1) 1:16 29th [t) 4:7 2:09 [z1 1:17 4:8 2nd tt) 16:23 -3- ~[z31 2:16 13:16,17 16:3 16:5,7,17 21:20 32:23 33:1,19 34:3,6,16 35:24 36:14 38:4,14,15,23 39:2 47:4 48:6 333161 6:20 17 :20 18:2 , 7 18:15 2o:la 338 [t) 6:20 36 [z) 17:6 47:16 3rd tt) 46:24 -4- 4 ts1 2:17 19:10,11,13 21:11 40:25 41:16 49:3 40011) 3:13 4fi [t) 2:20 4801 [t1 3:12 49 tt) 2:7 -5- 5 [9) 2:5,18,19 23:5,6,8 24:18 43:11 49:4 50-foot 1a1 17:1 s,23 18:6 18:14 Sl [t) 17:2 52 [1) 18:4 549111 1:24 57 [1) 18:12 58111 18:17 59111 18:20 5th 111 52:17 -(r- 6 tat 2:13,19 24:15,16 601t) 18:22 61 tt) t8:2a 62 (1) 19:1 -7- 7 [to) 2:20 20:22 41:16 42:5 46:15,17,21 47:7 47:11,19 7718 (61 6:20 17:19 18:1 18:7,15 20:14 78712) 1:15,17 -8- 8-1/211) 13:24 8-1/2-by-11 t1) 47:15 &1/2-by-1l-size ttl 17:5 85284-3511 [11 3:9 85705 [t1 1:25 85711-3638 tt1 3:13 85719 [t1 3:4 -A- abandon [t) 22:21 abandoned 161 15:24,25 19:7 21:23 44:6 45:9 abandoning 111 23:3 abandonment [~1 22:3 22:4,14 23:20,22 43:15 44:21 abandonments [a1 22:12 23:25,25 24:2 abbreviated tt1 17:20 ABC tt1 t :20 above 11) 46:25 acceptance 111 27:2 accepted 12) 10:15 11:5 access 131 48:2 49:6 50:2 Chamberlain v approval tts) 14:4,12 15:7 21:19 25:25 2b:7 26:19 27:8,23 29:23 30:8 30:10,13,14,18 34:7,12 47:4 approvals tz1 34:15 37:17 approve (z) 14:13 37:21 approved [13) )4:20 16:17,23 21:24 22:22 23:1 30:24,25 37:9 44:7 46:21 47:7,11 accordance tt1 31:25 approves [t) 27:7 according [z) 43:13,14 approving )t1 37:1 accurate tz1 24:3 35:5 area )61 5:21 12:21 28:5 accurately [31 23:17 28:25 29:16 50:13 24:6 25:4 areas )tot 8:8 28:7,13,19 action [21 27:9 52:13 29:2 31:2,24 36:14,21 actual tt) 40:21 47'22 address 111 26:24 argument [31 21:22 22:1 addressed tz1 32:7 50: t6 44:12 arises [1) 37:23 addresses t1) 31:21 Arizona 1za1 1:2,12,13 administer [1) 52:6 1:15,15,16,16,17,18,25 administrator [a1 34:17 2:18 3:4,9,13 4:5,7,11 37:16 38:1,25 12:10 19:18,20 23:9 42:9 advice 19) 8:22 9:5 35:8 43:11 52:5 35:9,16,23 36:3,11 38:2 arrest )t1 48:19 aerial tt1 39:21 article 1'~ 2:18 23:8,11 affirm 111 14:12 24:7,13 43:11.44:1 h It 28.18 affixed [1) 39:1 affixing 111 38:3 again 113) 5:15 17:25 18:4,9,13 19:1 21:6,12 36:19 45:17 46:23 47:14 49:3 against 131 823 25:2,7 Agency [3) 1:15,15,16 agent t1) 15:4 ago tt) 11:14 agree 191 11:24 12:14 15:3 25:6 31:20,22 38:20 42:8 47:21 ahead 1z) 25:) 4 34:25 allow 1t) 12:6 allowed tt1 12:2 along tt1 17:16 ambiguity [t) 29:8 amended [111 2:15,20 13:15 19:14 21:15 42:24 45:21 46:1,2,9,19 Amendment 111 21:15 amount 131 9:10 10:23 10:24 annexed 121 8:7 26:7 answer tai 7:2a 32:7 35:22 38:8 answers 111 33:23 apart t1) )5:6 appear 121 6:11 13:24 APPEARANCES [t1 3:1 appropriate 111 28:11 asp a ts) 10.23 31:23 32:1 39:16 49:11 49:18,21 assert t1) 12:23 assess [t1 11:11 assessment tt) 25: )1 association 111 11:11 assume Iz1 5:10 17:24 assumption tt) 50:12 attached tt) 35:6 attempting [t1 2b:17 attention tz1 36:8,10 attest 1t) 34:18 attestation tt) 16:20 attesting 111 47:6 attorney 171 8:15 9:19 9:22 10:1 34:13 35:7 52:12 August (31 21:15 23:10 4a:s author tt) 44: i authorized tt) 52:6 Avenue 1t) 1:24 aware 131 5:20 6:12 22:1 away )z1 29:13,21 awfully [t1 33:13 AZ (t1 1:23 _$_ base 121 10:24,24 based tz1 26:19 50:12 Bates [t1 17:1 ttancn lieu. 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(520)b23-0593 800-759-9022 FAX (520)882-4810 Index rage ~ FRANK CASSIDY Multi-Pa~eT"' civil -foregoing Chamberlain v • civil [ti 9:2 claim [21 24:22 25:1 clarification [ti 32:21 clean [ai 32:15 37:3 clear [ti 33:17 Clearly [ti 44:9 ,clerk [a1 34:18 37:17 38:9 47:b client [ai 24:19 35:23 36:10 37:14 clients [zi 9:6 35:9 closely [ai 46:4,6 column [zi 33:19 47:20 combination [t1 50:8 comma [11 17:19 commencing [ti 4:8 comments [31 37:19 38: i 1,15 Commission [31 30:20 30:22 34:12 common [tat 22:13 28;5 28:7,13,19 29:2,16 31:2 31:24 36:14,20 47:22 common-area [ai 29:12 29:17 Companies [s1 8:25 31:6 31:10,15 48:2 Company [z1 1:14 9:1 comparison [t1 39:16 Complaint [zi 42:24,24 complete [31 x9:12,14 50:7 completely [ti 46:1 compliance tai 14:15 14:21,25 complies [ti 27:16 concern [z1 20:18,18 concerned [ti 20:8 condensed ni 51:6 conditions [ti 26:25 considered [t1 26:18 consulting [t1 39:2 consumer [ti 20:2 contained [t1 15:11 Contains [ti 32:11 contrary [zi 14:14 27:9 convenience [ai 29:3 31:3 32:3 47:23 Copies [ti 50:24 Copy [si 6:11,23 14:1 16:7 23:8 20:19 21:2,4,16,20 22:19 23:18 27:11,19 28:25 30:8,11,15,18 33:21 34:3 35:25 37:7,21 38:5 39:12 42:2 44:2,14,17,17 46:6 46:7 47:5,8,12,13 49:20 49:25 corrections [t1 6:14 correctly [ti 14:1? 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GREEN & WILLIAMS, INC. 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(520)623-0593 800-759-9022 FAX (520)882-4810 Index Page 6 DEC/16/2008/TUE (2:36 PM SAGUARO RANCH FAX No, 520 498 23(( P. 002 12/16J2006 TVB i1: 47 FAX 520 38Z 1901 Taxn of Haraaa ,G~002/002 .' ~ _ i • • . ~ DECLARATZ4N Olr ED NaN~A ~ • •: • i i ; ; Pursuant Rule 80(i)•Ariz.ft.Clv.P:,.ED NONEA hereby declares and says: •.••:• •... ' ' . ' 1. That I am the current.mayor of the Town of Marana and have served as . • . ~ . •. ~ the Mayor since May 10; 2005, . . , 2. Prlor to my election as Mayor, I served ~on the ~Matana Town.Counci! for a ~' •. `~ total of slx (6) terms. .. . ~~ 3. During my tenure as a Counc[I Member and. Mayor the Saguaro Ranch ' ,i • ~ ~ ' •. subdivision a~as presented to and approved ny the Mayor and Town Counci(. . ~ . • • . . r , 4. As part of the approval process, the Mayor and 'Town Council approved • •. ; • the Final Pfat for Saguaro Ranch on ar about September 2, .2003, anct the Saguaro Ranch South Amended Plat on or about May 3, 2005. ' • , ~ S. Throughout the approval process, It was• always intended that. Saguaro ~: ~ Ranch would be a private, gated subdivision and that access to Saguaro Ranch would • i , ,' be restricted to its residents; invitees and guests. ' • 6. ~ I deciare under penalty of perjury that the foregolnq is true and correct to the best flf my knowledge and betlef. . • ~. ' 'DATED this ~~day of December, 2008. l '• • . . . Ed Ho ea •• .; ' i' .. ._. ... .... ...... .. .. ' ... .. ... ... .. .. .... .. i •! ; • 7 • t a• •; • , 1 , i' ~ A .. ' ~ - ., ~ Date: February 1, 2008 To: Ed Honea ehonea arana.com; Herb Kai herb~kaifarms.com; Roxanne Ziegler rziegler~marana.com; Russell Clanagan rclanag arana.com; Patti Comerford lacomerfo arana.com; Jahn Post jpas arana.co ; Carol McGorray cmc~orra .~ arana.com From: Mr, Enrique Santa Crux: esantac@painusa.com Re: Thornydale road ~ the public canyon road leading to Tortolita Park. Dear Mayor and Council Members, This is my statement of strong opposition to giving Saguaro Ranch Real Estate Development the public right-ofi-way road up the canyon leading to Tortolita Park. This road is public land #hat belongs to the people who have used it far years and to all those who will use it in the future. Tell me, why is Marana even considering an outrageous giveaway to some rich, big-shot newcomer who has ideas on getting richer off our land and rights? What is the trade-off? Something doesn't smell right® Marana council has no moral, ethical, or legal right to consider being charitable with our assets, I understand the people have a lawsuit against this development. Why is Marana involved at this point? What is yaur role? Consider carefully your action on this matter. The public is fed-up with questionable back-room politics, especially during these difficult financiaB times. Is Marana gifting this developer a bailout with our money? Will Marana council dealings need more media coverage and exposure to state legal agencies? !hope all of you are intelligent enough to s#eer clear of a po#ential nightmare. Enrique Santa Cruz .-, ~ - #1 1'~; z .,~, i -* .,.a,. ~~ ~ k ~a .'" ~ yx ~ '"~ ~` ra" e3k,A <j.S '' M~~w ~ "° ~ "~"` -~ ° .~. 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