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Home My WebLink About06/07/2005 Blue Sheet Releasing CCRs for Links at Continental Ranch TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 7, 2005 AGENDA ITEM: X.A.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2005.15: Relating to Development; releasing those certain covenants, restrictions and agreements affecting a site com- monly known as the Links at Continental Ranch; and declaring an emergency. DISCUSSION Since 1975, various covenants and agreements between Pima County and the owners of property located north of Cortaro Road and between the Santa Cruz River and Interstate 10 (the area commonly known as the Links at Continental Ranch) have been recorded against the property. Most of these documents were intended to address development issues relating to the sand and gravel operation fonnerly located in the area now occupied by a golf course. Staff has reviewed these various documents and finds that they are no longer required for the current and proposed uses of the property, and are in fact in many instances inconsistent with the current and proposed uses of the property as authorized and approved by the Town of Marana. The proposed ordinance would release the documents to the extent that the Town of Marana has any interest or regulatory authority derived from them. This action will help clear the title to the properties so that development consistent with the Town's current zoning may proceed. RECOMMENDATION Staff recommends adoption of Ordinance No. 2005.15, releasing various documents described above. SUGGESTED MOTION I move to adopt Ordinance No. 2005.15, and declaring an emergency. {00000867.DOC /} FJC/cds 6/1/05 MARANA ORDINANCE NO. 2005.15 RELATING TO DEVELOPMENT; RELEASING THOSE CERTAIN COVENANTS, RESTRICTIONS AND AGREEMENTS AFFECTING A SITE COMMONLY KNOWN AS THE LINKS AT CONTINENTAL RANCH; AND DECLARING AN EMERGENCY. WHEREAS, Dow Chemical Investment and Finance Company, an operating unit of the Dow Chemical Company ("Dow"), executed that certain Declaration of Covenants, Conditions and Restrictions Running with the Land dated September 12, 1975, and recorded at Docket 5124, Page 144, in the Office of the Pima County Recorder, imposing certain restrictions on property owned by Dow and described therein, which was later amended by Pima County and the successor owner of the affected property, Stewart Title & Trust, Trust No. 1746, pursuant to that certain Agreement dated November 20, 1979, and recorded at Docket 6165, Page 1435, in the Office of the Pima County Recorder (referred to in this Resolution as the "Dow Covenants"); and WHEREAS, United Rock & Materials Corporation executed three documents establishing restrictions and covenants to the benefit of Pima County, including Covenants Running with the Land and No Access Easement, dated March 19, 1981, approved by the Board of Supervisors on April 6, 1981, and recorded at Docket 6512, Page 605 of the Official Records of Pima County; a Declaration of Restrictions and Covenants Running with the Land, dated March 19, 1981, approved by the Board of Supervisors on Apri16, 1981, and recorded at Docket 6512, Page 611 of the Official Records of Pima County; and a Declaration of Restrictions and Covenants Running with the Land, dated April 24, 1981, and recorded at Docket 6528, Page 790 of the Official Records of Pima County (these three documents and the Dow Covenants are collectively referred to in this Ordinance as the "Covenants"); and WHEREAS, Pima County and Stewart Title & Trust, Trust No. 1746, entered into that certain Agreement dated November 20, 1979, and recorded at Docket 6165, Page 1435 of the Official Records of Pima County (referred to in this Ordinance as the "Agreement"); and WHEREAS, the Covenants and the Agreement (which are collectively referred to as the "Documents") affect land generally located north of Cortaro Road, west of the I-10 frontage road, and east of the Santa Cruz River; lying in portions of sections 26 and 27, Township 12 South, Range 12 East, commonly known as the Links at Continental Ranch and referred to in this Ordinance as the "Property"; and WHEREAS, after the execution of the Documents, the Town of Marana annexed the Property into its jurisdictional boundaries, subjecting the Property to the Town of Marana's authority under its general police power and zoning authority. {00000593.00C / 5} - 1 - 5/27/2005 10:36 AM FJC NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona as follows: Section 1. To the extent that the Town of Marana has an interest or regulatory authority derived from the Documents, such interest or regulatory authority is hereby released in favor of the Town's general police power and zoning authority. Section 2. All ordinances, resolutions or motions and parts of ordinances, resolutions or motions of the Mayor and Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date ofthis Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 4. Whereas the immediate operation of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Marana, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council ofthe Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of June, 2005. Mayor Ed Honea ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000593.DOC / 5} - 2 - 5/27/2005 10:36 AM FJC