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HomeMy WebLinkAboutCouncil Agenda Packet 04/06/2004i Mayor Vice Mayor Council. Member Council Member Council Member Council Member Council Member Town Manager TQWN QF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251.. N. Lon Adams Road. April 6, 204 _ 7:00 p.m. Bobby Sutton, Jr, Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting, Regular Council. Meetings are usually held the first and third Tuesday of each month at 7x00 p.m, at the Marana. Tov~n Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas. for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers} and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be aIIowed to address ~e Council. on issues other than Announcements, Petitions & Comments, and. Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason. of any disability, is in need of special services as a result of their disability, such as assstive listening devices, agenda materials printed. in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten. (10} working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special. services, or procedures, please contact Jocelyn G Bronson, Town Clerk, at 682-3401, Monday through ~iday from 8:00 a.m, to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL QN ANY ITEM LISTED QN THIS AGENDA. Amended agenda items appear in italecs. Posted no later than April 2, 2004 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police Department, and the Marana Development Services. Center. 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N~ Lon Adams Road April 6z 2004 - 7:Q0 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE lV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES. Minutes of the March 16~ 2Q04 Council Meeting VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS M UPCOMING EVENTS At this time, any member of the public is allowed to address the Town,Gauncil on any issue nit already ors, tonight's agenda. The speaker may have up to three (3} minutes to speak, Any persons wishing to address the Council must complete a speaker card. (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX, GENERAL ORDER OF BUSINESS A. CQNSENT AGENDA The consent agenda. contains agenda items requiring action by the Council which: are generally routine items not requiring council discussion. A single motion will. approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from. the consent agenda,. and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1, Resolution No. 20Q4-37: Relating to Board, Committees and Commissions; Approving the Reappointments of Russell. Dove and Steve Mikiosi to the Marina Business Advisory Committee (Roy Cuaron) 2. Resolution No, ZQ04-39: Relating to Subdivisions; Approving the Sombra De Tecolote Final Plat (Kevin Kish) ~. ResoIuHon No, 20Q4-40: Relating to Subdivisions.; Approving a Final Plat for Gladden Farms Black S (Kevin Kish] 2 • TOWN OF 1VIARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road April 6, 2Q04 - 7:00 p.m~ B. COUNCIL ACTTON 1. PUBLIC HEARING:. Resolution No. 2004-38: Relating to Subdivisions; Approving the Continental Reserve Block 1bA Preliminary-Plat (Kevin Kish) 2. Ordinance No. 2004.01: Relating to Annexation; Extending and Increasing. the Corporate Limits of the Town of Marana, Arizona, Pursuant to A.R.S.. § 9-471 by Annexing that Territory Known as Saguaro Ranch East (Dick Gear) 3, Resolution No. 2004-42: Relating to Development Agreements; Approving and Authorizing the Mayor to Execute a First Amendment to the Saguaro Ranch Pre- AnnexationDevelopment Agreement (Frank Cassidy) 4. Resolution Na 200441: Relating to Development; Approving and Authorizing the Execution of an Amended and Restated Development Agreement with. Best Associates II, LLC Regarding the Saguaro Springs Development Project (Frank Cassidy) • 5. Resolution No. 2004-22: Relating to VtWater Service; Approving and Authorizing the Execution of an Amendment to the Agreement between the Town. of Marana and Best Associates II, LLC, for Construction of Water Facilities and Provision of Water Utility Service for Saguaro Springs (Brad DeSpain) 6. Resolution No. 2004,15:. Relating to Subdivisions; Approving the Saguaro Springs. Final Plat (Kevin Kish) 7. Resolution No. 2004-43: Relating to Roads; Approving and Authorizing the Mayor to Execute an Intergovernmental Agreement with Pima County for Design and Construction of Improvements to Cortaro Road (Frank Cassidy) 8. Presentation on Preliminary Infrastructure Requirements for Northern Marana (Jim DeGrood) 4. Conservation. Planning Process Update (Leslie Liberti) 10. State Legislative Issues - Discussion/Direction<Action regarding all pending bills before the Legislature (Mike Reuwsaat) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS REPORT X. FUTURE AGENDA ITEMS XI. ADJOti~ItNMENT --~ • Bobby Suttoa, Jr., biayar 3 1~llNUTES OF 12EGULAR COUNCIL I~~IEETING n1ARANA TO~~'N HALL MARCH 1C, 2004 PLACE AND DATE Marana Town Hall, March 16, 2004 I. CALL TO ORDER By Mayor Sutton at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A momenf of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Excused Jim Blake Council Member Present Patti Comerford Council Member ~ Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Interim Development Services Admin. Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, the minutes of the March 2, 2004 Council Meeting were unanimously approved. i i~IINUTLS Oh' REGULAR COUNCIL ?~1FETING NIARANA TO~'VN HALL 1~1ARCH 16, 200-I VII. CALL TO THE PUBLIC/ANNOUNCEMENTS There were no announcements or speakers from the public. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004-23: Relating to public safety; authorizing the Town to take all actions necessary to receive highway safety grant funding through the Governor's Office of Highway Safety for a Marana Police Department traffic enforcement vehicle (Richard Vidaurri) 2. Resolution No. 2004-24: Relating to final plat approval; authorizing the approval of a final plat resubdivision for The Gallery, Parcel 4A, submitted by Tortolita Properties, L.L.C., fora 32-lot single family detached home subdivision on 31.55 acres located in the Dove Mountain Specific Plan Area (Kevin Kish) 3. Resolution No. 2004-25: Relating to final plat approval; authorizing a final plat for Gladden Farms Block 3 on approximately 11 acres, consisting of an 81-lot single family residential subdivision in Section 34, Township 11 South, Range 11 East, directly south of Moore Road and approximately a half mile west of the New Lon Adams Road (Kevin Kish) 4. Resolution No. 2004-26: Relating to final plat approval; authorizing a final plat for Gladden Farms Block 4 on approximately 15 acres, consisting of a 47-lot single-family residential subdivisions in Section 34, Township 11 South, Range 11 East, directly south of Moore Road and approximately one-third mile west of the new Lon Adams Road (Kevin Kish) 5. Resolution No. 2004-30: Relating to housing; authorizing the Town of Marana to enter into an Intergovernmental Agreement with Pima County for the community Development Block Grant (CDBG) Program and Home Investment Partnership Program (Dan Groseclose) 2 MINUTES OF REGULAR COUNCIL iti1EETING R~IARANA TO~'~'N HALL .---- -- p MARCH 16, 2U~4 ~_ 6. Resolution No. 2004-29: Relatin to street namin •namin "Marana g g~ g Main Street" and "Civic Center Drive" and designating a portion of the Marana Town Center parcel as Civic Center Drive public right-of-way (Farhad Moghimi) 7. Resolution No. 2004-28: Relating to housing; authorizing the Town of Marana to enter into a purchase agreement with Samuel H. and Gertrude A. Vickroy to purchase a lot for the Town of Marana Home Program (Dan Groseclose) 8. Resolution No. 2004-31: Relating to real estate; abandoning of a portion of the one-foot no access easement and public drainage easement on Lot 92 of Continental Ranch, Parce151 (Farhad Moghimi) 9. Resolution No. 2004-33: Relating to final plat approval; approving the Marana Golf Continental Ranch Final Block Plat Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda as written was unanimously approved. B. COUNCIL ACTION 1. Resolution No. 2004-35: Supporting the Pima County Board of Supervisors' call for a special May 18, 2004 bond election on six questions related to the issuance of general obligation bonds for public improvements and sewer revenue bonds for sewer system enhancement (Mike Reuwsaat) Mr. Reuwsaat gave a brief synopsis of the proposed action, explaining that the Town had participated in an extensive public input process through the Pima County Bond Advisory Committee identifying and prioritizing county-wide projects which would be funded by the proposed bonds, if passed. He listed the eleven projects proposed for $28,350,000 in bond funding which would provide direct community benefit to the Marana citizens. He pointed out that these projects would be funded with $15,550,000 in general obligation bonds and $12, 800,000 in sewer revenue bonds. He listed the eleven proposed projects as: 1. Honea Heights Reinvestment 2. Ina Road Tire Facility Relocation 3. Sewer expansion to Marana Northwest Regional Airport 4. Capital Improvements for the Cultural and Heritage Park 3 Pr1INLiTESOFREGULAR COUNCIL MEETIIV'G MARANA TOWN HALL ~~ MARCIL 16, 2004 ~.~ 5. Continental Ranch Santa Cruz River Lineal Park 6. De Anza National Historic Trail Restoration 7. Tortolita Trail System 8. Library at Silverbell and Cortaro Roads 9. Marana Wastewater Facility Expansion 10. Marana Mound Preservation 11. Los Morteros Preservation Michael Hein, Pima County Deputy- Administrator, addressed the Council regarding this item. He distributed an informational packet related to the proposed May 2004 Bond Election. The educational summary and overview of all of the bond questions and a map denoting where the projects were likely to occur is included in the packet which has been made a permanent part of this record. He pointed out that Dan Sullivan, the Town s community representative who sat on the bond oversight committee, did an excellent job representing Marana throughout the 3-month process. He said that there was approximately $60M in benefit for the Marana area and he gave a detailed review of each bond question that impacted the Town. Mayor Sutton commented that he did not think the negative consequences of a bond failure had been emphasized enough to the local voters. He said that the Marana sewer capacity had recently been analyzed and the findings were not good. The Mayor said that the Town had not seen such high benefits from the County for a long while. He asked if the County had thought about this perspective in its approach to voter education. Mr. Hein replied yes and commented that Town staff was in a good position to educate the community through Mr. Sullivan s advocacy. Mr. Reuwsaat thanked Mr. Hein for his in-depth explanation. He also thanked Dan Sullivan for his stellar advocacy on behalf of the Town of Marana on something as important as the issues included on the bond questions. He noted that it was the Parks CIP program for approximately eight years and that there was less than 2 years of sewer capacity in northern Marana. Upon motion by Council .Member Honea, seconded by Council Member Blake, Resolution No. 2004-35 was unanimously approved. • 4 MINCTTES OF REGULAR COUNCIL N~IEET[NG ~~ MARANA TOWN HALL ~~ 1~~IARCI-1 16, ZQO~ _~ _ _ .. 2. Formation of a Town Manager's committee to be known as the Marana Citizens' Transportation Committee (Mike Reuwsaat) Mr. Reuwsaat presented this item before the Council and explained that it was aninformation-only item. He said that, per the Council's direction to investigate the benefits and implications of a half-cent Town sales tax dedicated to sub-regional transportation improvements with the addition of adequate citizen input, the Marana Citizens' Transportation Committee had been formed. He said that the committee would work with the Town Manager's office to evaluate the projects and the potential implementation of the sales tax. He indicated that he expected. a recommendation to be presented to the Mayor and Council within the next 90 days. 3. Ordinance No. 2004.05: Relating to annexation; annexing into the corporate limits of the Town of Marana that territory known as the Camino de Oeste annexation comprising approximately 319 acres of land on the east side of Interstate 10 centered on Cortaro Farms Road and bisected north to south by Camino de Oeste Road (Dick Gear) Mr. Barr spoke before the Council about the proposed Ordinance No. 2004.05. He said that a public hearing had been held in December in relation to the annexation effort and that signed petitions representing over fifty percent of the property owners as well as over fifty percent of the real and personal property value had been received. Mayor Sutton commented that a lot of misconception had been associated with this annexation and that some residents had thought that their property would be rezoned as a result. He said that the annexation effort was not a rezoning action but was simply an action bringing the area in question into the Town s corporate limits. Arnie de la Ossa, Camino de Oeste resident, spoke in favor of the proposed annexation. He said that it would be good~for the area residents, especially in light of the traffic congestion on Cortaro Road and the Town s plans to widen the roadway once the properties were within the Town boundaries. Mike Kauffman, Pima Farms .resident and a representative of the Tucson Community Church, voiced his approval of this effort. Mr. Kauffman said that the road widening would give his group a safe and alternate access off Cortaro Road as well as alleviate some of the traffic congestion on Cortaro. 5 MINUTES OF REGULAR COUNCIL ~1EETING MARANA TOWN HALL ~ ~ ~ .MARCH 16, 200 4,.x. ~. Lane Justus, property owner of the corner of Camino de Oeste and Cortaro, indicated his approval of the annexation effort and added that he was impressed with the Town staff's courteous. interactions with community members during this process. He commented that it was a pleasure to own property in Marana. Richard Purcella, Planning & Zoning Commissioner and Continental Ranch resident, urged the Council to finalize the proposed annexation. He said that the results would be very positive for the area's property owners and, after completion of a road widening project, for other residents or visitors traveling along Cortaro Road. Mayor Sutton commented on the safety factor associated with the Cortaro Ranch area and the traffic congestion. He asked Mr. Barr to comment on the annexation effort and the related road widening plans. Mr. Barr responded that six public meetings had been held to inform the property owners about the proposed annexation. He noted that two meetings were the usual and legally mandated number of meetings for annexations. He related that the Town staff had also informed the residents about the possibility of entering into an intergovernmental agreement with Pima County for bond funding from 1997 transportation bonds to widen Cortaro Road and of the rezoning of property south of Cortaro Road. Mr. Barr said that those additional impact fees would be applied to the costs of the widening of Cortaro Road. He said that the developer and the applicant were present in the audience and had agreed to not develop the property until the road widening was completed. Mr. Barr explained that Pima County would not be able to widen the road unti12008 and noted that this was the primary reason for the formation of a partnership between the Town and the County. He said that the inter jurisdictional partnership would aid in moving the road improvement actions along at an earlier date. Mayor Sutton commended Mr. Barr and Town staff for the outstanding work each had contributed to the community's education on this annexation. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Ordinance No. 2004.05 was unanimously approved. • 6 MINUTCS OF REGULAR COUNCIL MEETING MARANA TO~'VN HALL _ .~ ~, _ w ~, ti~IARCH l6, 2004 4. Resolution No. 2004-32: Relatin to develo ment• a rovin the staff g P ~ PP g proposal for implementation of Gladden Farms Blocks 11 and 12 Building Height Regulation Exception Condition 2, regarding building separations (Kevin Kish) Mr. Kish presented this item before the Council and gave a brief background summary of the proposed resolution. There was no further discussion regarding this item. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2004-32 was unanimously approved. 5. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) There was no legislative update at the meeting. C. MAYOR AND COUNCIL`S REPORT _ Council Member Escobedo proudly reported that his wife, Dolores Escobedo, was recently voted Women of the Year by the Marana Chamber of Commerce. Mrs. Escobedo, the Marana Food Bank manager, was joined by David Mehl who was voted Man of the Year. Council Member Honea commended Town staff, particularly Tammy Reyes, on the hard work and effort expended in order to put on the 2004 Founders' Day festivities. He said that he was proud to have such dedicated employees working for the Town. He continued his report by commenting on a community-wide project being offered with the brick pavers that would be installed in the new municipal complex entryway. He explained that engraved brick pavers were being offered to the public for $50 per private individual, $125 per nonprofit organization, and $250 per' commercial business. The Council Member stated that this was an excellent opportunity to have a grandchild's name or a business logo put in the new Town Hall flooring for perpetuity. He encouraged everyone to look into participating in this project. Council Member Blake agreed that the Town staff working on the Founders' Day preparations had gone out of their way on Saturday, March 13~, especially in light of the heavy downpour that put a major damper on the day's plans. MLNUTCS OF REGULAR COUNCIL MEETING hIARANA TOWN HALL MARCH 16, 200 The rain resulted in the cancellati n ' 0 of the annual parade, the Mayor s VIP Brunch to be moved indoors from the tennis courts, the cancellation of the vendors and businesses displaying their wares on the park lawn, and the . cancellation of the morning rodeo events. Council Member Honea interjected that the Founders' Day roping event was indeed cancelled during the morning hours but was held with great success later on in the afternoon after the rains had stopped. Mayor Sutton joined in the commendation of the Town employees' participation in the annual event. He acknowledged the Rotary Club for their excellent meal preparation and service and the Marana Arts Council (MAC). for their setup and decorations at the brunch. He added that the three Ponies of Marana artworks had been officially dedicated by MAC for permanent public display and that he was proud to be able to accept them for the Marana residents. The Mayor continued by thanking numerous other groups including the Arizona Rangers, the Marana Explorers, Post 77, Corby Lust, from Parks and Recreation, and Brad Seth, son of Tammy Reyes, who sang the Star Spangled Banner, and the Western Heritage Committee, a group of volunteers dedicated to preserving the ranching culture and rodeo heritage of this region, for organizing the 300+ team penning and roping events. Mayor Sutton continued his report by commenting on the Town Hall Brick Engraving Project recently initiated for the Marana Municipal Complex .entryway. He said that this project was a wonderful opportunity for community involvement and used the University of Arizona's (UofA) McKale Center expansion as an example of the special nature that personalized pavers could hold. He explained that a similar project was embraced by Wildcat fans who showed their team support on the brick pavers with assorted good luck wishes. The Mayor pointed out that a family's name could possibly be visible in the Town for the next 100 years if it were engraved on a paver. He urged everyone to get involved with this special .project. s e ~ ~~ ~ ~ ~~~ 1~1INUTES OF REGULAR COUNCIL MEETIivG . MAILNA TO~'VN HALL N1~RCH 16, 2004 D. MANAGERS' REPORT Mr. Reuwsaat joined the Council in commending Mr. Barr and staff for the outstanding effort related to the Camino de Oeste annexation and for the respectful image of the Town that was projected into the community by the courteous staff interactions with the residents. He thanked the Mayor for the comments made at the 2004 Founders' Day Mayor's VIP Brunch that were related to the Towri s renewed relationship with Pima County, particularly the Board of Supervisor's Chair Sharon Bronson and Supervisor Ann Day. He pointed out that the ongoing monthly meetings between Town staff and County-elected officials plus generous comments such as those made during Founders' Day helped solidify the two jurisdictions' amicable relationship. The Town Manager concluded his report by reminding the Mayor and Council of the Marana Northwest Regional Airport's dedication ceremony scheduled for March 19~, to celebrate the Runway 3-21 Improvements completion and the completion of the security fencing and the fire suppression projects. He added that the Marana Municipal Complex's Beam Topping ceremony was scheduled for April 2nd, and asked that all attend. X. FUTURE AGENDA ITEMS There were no items presented for future agendas. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 7:42 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 16, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk • 9 10WN OR TOWN COUNCIL MEETING SOWN OF MARANA 9 '"~Ra,NA; INFORMATION gRIZVhI' .MEETING DATE: .April 6, 2004 AGENDA ITEM: IX. A.1 TO: MAYOR AND COUNCIL FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2004-37; Relating to Boards, Committees and Commissions; Approving the Reappointments of Russell Dove and Steve Miklosi to the _Marana Business Advisory Committee. DISCUSSION The terms of Business Advisory Committee members Russell Dove and Steve Miklosi expired in March 2004. Both gentlemen have agreed to continue to serve on the Committee .which respectfully requests that Mr. Dove and Mr. Miklosi be reappointed. Mr. Dove is the owner of La Tumbleweed Lounge and Mr. Miklosi is the .general manager of Breakers Waterpark. Both businesses reside within the corporate Town boundaries. If reappointed, the term of the two individuals will expire in March 2007. RECOMMENDATION Staff recommends the approval of Resolution No. 2004-37, reappointing Russell Dove. and Steve Miklosi to the Town of Marana Business Advisory committee. SUGGESTED MOTION I move to approve Resolution No. 2004-37. BLUDove Miklosi Reappointment.doc FJC:RC 3/29/04 MARANA RESOLUTION N0.2004-37 RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; APPROVING THE REAPPOINTMENTS OF RUSSELL DOVE AND STEVE MIKLOSI TO THE MARANA BUSINESS ADVISORY COMMITTEE. WHEREAS, the Business Advisory Committee has been created by the Town Council to meet and advise the Town Council on business concerns within the Town; and WHEREAS, the Town Council desires to fill two seats and reappoint Russell Dove and Steve Miklosi to the Committee; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Russell Dove and Steve Miklosi are hereby reappointed to the Business Advisory Committee with a term of office to expire in March of 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • RS0040406DoveMiklosi#2004-37.doc FJGRC 3/29/04 t W OF TOWN COUNCIL MEETING TOWN OF MARANA 9 ; INFORMATION ~RIZON~' MEETING DATE: April 6, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM:. Kevin Kish, Interim Planning Director SUBJECT: Resolution No. 2004-39: Relating to Subdivisions; Approving the Sombra de Tecolote Final Plat. DISCUSSION The Preliminary Plat for this project was heard by Council on January 20, 2004, and was unanimously approved. The project is east of and adjscent to Camino de Oeste and south of Camino del Norte and consists of eight single-family residential lots ranging in size from 53,447 square feet to 117,992 square feet, or 1.23 acres to 2.7 acres. The maximum developable area of each lot is limited to 19,000 square feet, and a plat note has been created to enforce this restriction. The CC&R's memorialize the requirements for grading envelopes and maintenance of the Natural Undisturbed Open Space (NUOS). The total property has a gross square footage of 646,946. The road covers approximately one acre or 43,560 square feet. The .total. disturbance area is 195,560, :leaving 407,826 square feet as NUOS. As a percentage. of the gross area, the disturbance is approximately 30%. The homes to be constructed will be custom built to specifications that will be guided by the CC&R's. The homes will be in the three to four hundred thousand dollar range, and architecture will be southwestern style. The neighbors to the south will be protected by NUOS ranging from thirty to over eighty feet inside the property line to any road, wall, or structure. As a condition of approval, dedication of a 45 foot right-of--way on the east side of Camino de Oeste will occur. The owner will also be required to pave Camino de Oeste between Turkey. Lane and the entrance to this project. This paving will need to occur inboth Pima County and the Town and will be subject to the standards of both jurisdictions. A single cul-de-sac is proposed to serve the eight lots, and will be dedicated to the Town. The street section shows a 42-foot right-of--way, with 14-foot travel lanes and 2-foot rolled curb. The lots are large enough to accommodate all parking, so there will. be no need for on-street parking. • The R-36 zoning provides for set-backs of 30 feet for the front yard, 15 feet on side yards, and 40 feet for rear yards. To adhere to the disturbance limitations, the owner has opted to set aside NUOS within each lot, utilizing grading envelopes. These a nvelopes w ill be in addition to the setback restrictions. A Homeowners' Association will be formed to assume management responsibility for the NUOS within the. project.. The requirements for the,preservation of the NUOS, including the financial responsibilities,'and the methods of enforcement are included in the CC&R's. This project will be served by public. sewer.. The applicants have. met with adjacent neighbors andaddressed their concerns. Staff has not received any inquiries on this Final Plat. RECOMMENDATION Planning Commission and Staff recommend adoption of Resolution No. 2004 39 approving the Sombra de Tecolote Final Plat. SUGGESTED- MOTION I move to approve Resolution No. 2004-39. • MARANA RESOLUTION N0.2004-39 RELATING TO SUBDIVISIONS; APPROVING THE SOMBRA DE TECOLOTE FINAL PLAT WHEREAS, David and Maxine Jacobs are the owners of property located east of and adjacent to Camino de Oeste, south of Camino del Norte, North of Turkey Lane in Section 7, Township 12 South, Range 13 East, and have applied to the Town of Marana for approval of a Final Plat consisting of eight single-family residential lots ranging in size from 53,447 square feet to 117,992 square feet, or 1.23 acres to 2.7 acres; and WHEREAS, the Town Council unanimously approved the Sombra de Tecolote Preliminary Plat on January 20, 2004, and the Final Plat has been found to conform with the Preliminary Plat and all other applicable requirements; and WHEREAS, the Marana Town Council has considered the Final Plat at the regular Town Council meeting Apri16, 2004, and has determined that the Final Plat for Sombra de Tecolote should be approved. NOW, THEREFORE, BE IT RESOLVED that the Sombra de Tecolote Final Plat, submitted by David and Maxine Jacobs, for the property located east of and adjacent to • RSO 040406 Sombra De Tecolote FP.doc FJC:KK 3/29/04 Camino de Oeste, south of Camino del Norte, North of Turkey Lane in Section 7, Township 12 South, Range 13 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040406 Sombra De Tecolote FP.doc 2 FJC:KK 3/29/04 • TOWN OF iVIARAI~A Plannine and Zonine Department 3696 ~'. OranQe Grove Road + Tucson, AZ 8741 (~20) 297-2920 Fax; (520) 297-3930 PLANNING & ZONING APPLICATION n • N 1. -.TYPE OF APPLICATION (Check One) J Prehmmary Plat U Genera] Plan Amenoment ^ Variance Final Plat ^ Specific Plan Amendment. ^ Conditional Use Permit J Development Plan ^ Rezone ^ Other :a Landscape Plan ^ Significant Land Use Change ^ Native Plant Permit l - 1. GENERAL DATA REQUIRED ,; ~® Assessor s Parcel Number(s) l General Plan Designation ~ a7 3 ~ - L ~- v v as I Gross Area (Acre/Sq. Ft.) (To be confirmed by staff) ~ I Current Zoning (('~~ ~`~~ ~~' ~ (To b fi d b L " Development) Proje t N e con rme y staff] I II ~ I Proposed Zoning ~ h ~ ~ ~e K e t c ame YU Q fi Q rw o e o 2~ Project Location ,r nee rnt ro ; d e ~e a l,p/)'r1 tI't (~ ~p r~- C Description of Project ! ~ ~ /'- Y)1 ~ ~ e~~~,~ ~lJ-E-S Propern~ Owner i jU ~ rn~` ~ C ~r~+~~5 Sweet Address ~ tt Ciry sate oZ~U U Q t (t-.C f~-Gt Sp rri Io,ra C'~ a t (r1[.-5 ~ , 1q. ~ ~ Zip Code Phone Number Fax Number i E-Mail Address ~ ~5-~ ~5 ~ --~ u.3 -aaq ~ -~~ 3^a -~.a Contact PerSOn I (lax ~ 'Yl f, ~!~(.~ ~ S Phone Number ~ 4.3- a a-~ Applicant Street Address ~k ~ a 5 ~. ~}• Lv w ~ ~ 1 I Tl~.so ~ I stat~~ Zip Code Phone Numbe: Fax Number E-Mai] Adaress gS'7~ a 1321-41vs5 3~t- v333 ~ k ~eec~~ e r Contact Person ~ , ^ Phone Num'oe: ! yC Sul ~ ~Pe ~ 3~~ -~l l~a-5 x ~~~ AgentlRepresentative 1 n Street Address I Ciry i State Zip Code Phone Number Fax Number ~ E-Mail Address I Contact Person Marana Business License No. 3. AUTHORIZATION OF PROPERTY OVG'NER - i _ __ I I, the undersigned, certiTv that all of the facu set forth in this application are true to the best of my knot~~ledge and that I am either the owner of the property or that I have been authorized in v<zitin~ by the owner to file this application. (If not owner of record attach wri a authorization from , a owner.) / Case No. ~ j,'- C~ 3C!3U.~ CRW No. ~'~t I:~r~~Z~~'~ rent ivame o2 FOR C ~~! Date Received 2-~ Received By ~~ ~.,~~"...,. Si 'a~fure =ICS L'SE NLY Date Receipt No. J ~J' rfi /J Q / ~j (p+~ Fee Amount G,~nn ,OD ~ ~/D.c~ osnvoz __ _ -~~\ MARANA ~1t1' ~d~ n Sombra de Tecolote PRV-03094FP Request for approval of an 8-lot subdivision on approximately 14.85 acres. i GENERAL NOTES 1, GROSS AREA OF THE SUBDIVSION IS 14.8541 ACRES=647,033.08 SF 2. TOTAL NUMBER OF RESIOENBAL L0T5 IS 8. 3. THIS PROJECT SHALL COMPLY WITH 1HE CONDnONS SET fOR1H IN MARANA.ORGNANCE N0. 2002.18. 4. ZONING IS IN ACCORDANCE W11H MARANA ORDINANCE 200218 AND WILL REMAIN S0. CURRENT ZONING IS R-36 FOR LOTS i-8. OVERALL DENSITY+0.58 RAC. 5, TYPICAL RIC•HT-OF-WAY NIDTH IS 42 FEET: TOTAL MILES OF PROPOSED PUBLIC STREET IS 0.152 B, MINIMUM ALLOWABLE LOT SIZE: 36,000 SF (PER ZONING DESIGNAnON) 7. LOT SIZES PROWDED: MINIMUM LOT SIZE 52,354 SF AVERAGE L07 SIZE: 72,709 SF MAXIMUM LOi SIZE: 119,090 SF B THE MAATMUM BUttDING HEIGHT IS 25'. 9. BUILDMG SETBACKS: A FROror 3a Fr. B. SIDE 10 FT. C. BACK 40 Fi f0. PARKING PRONSIONS ALL REWIRED PARKING WILL BE OFF-S1REEi, ON-SITE il. NO FURTHER LOT SPUTRNG MALL BE DONE N57HOUi 1HE WRITTEN APPROVAL OF THE MARANA TOWN COUNCIL I2. THE AREA BETWEEN THE 700-YEAR FLOOD LLWTS REPRESENTS AN AREA 1NAT NAY BE SUBJECT TO ROOOINC FROM A 100-YEAR TREWENCY FL000 AND ALL LAND IN THIS AREA WILLBE RESIRICIED TO USES THAT ARE COMPATIBLE IN7H FLOODPUIN MANAGEMENT AS APPROVED BY THE FLOODPUIN ADMWISTRATOR. : 13. BARS aF BEARWCS THE NORTH LINE OF THE NW i/4 OF BECKON 7, T-12-S, R-13-E, G & SRM, PIMA COUNTY, ARIZONA, ACCOROWG TO BK 34 RECORDS OF SURVEY AT PC 77. BEARING BEING 5 89'5874' E 14. BUILDABLE AREAS FOR LOTS 1 AND 2 W)LL BE FlLLED TO INDICATED ELEVATIONS AND VERIFIED BY A REGISTERED PROFESSIONAL ENGNEER PRIOR i0 ME ISSUANCE OF ANY PERMITS FROM THE TOWN OF MARANA FOR THOSE LOTS 15. ALL NEW U1IURES ANO EA1511NG UnUnES, EXCEPT ELECIICAL 1RANSMISSN)N LINES CARRYING 69 KV OR MORE, VN718N OR CONRGUOUS TO THIS SITE, SHALL BE PLACED UNDERGROUND. 16. DEVELOPER WILL CDVENANT 70 HOLD THE TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS HARMLESS IN THE EVENT OF FLOODING 17. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LWE, AND FUNCRON OF ALL PUBLIC ROADWAYS AND DRAINAGE SIRUCNRES BEFORE THE RELEASE CF ASSURANCES. 18. R W THE OPINION DF THE NWN OF MARANA ENCMEER, IAOLA710N of THE ONE-FOOT NO VEHICULAR ACCESS EASEMENT IS CREAIIND HAZARDOUS CONGnONS, THE PROPERTY ONNER SHALL INSTALL PHYSICAL BARRIERS IN ORDER 70 RESTRICT Vc711CUUR ACCESS TO DESIGNATED POWTS OF INCRE55/ECRESS 19. MATERIALS Wi7NIN SIGHT VISIBILITY EASEMENTS SHALL BE PUCED SO AS NOT TO INTERFERE N3TH A WSIBttITY PLANE DESCRIBED BY TWO HORIZONTAL ONES LOCATED 30" & 12' ABOVE FINISHED GRADE OF THE ROADWAY SURFACE. ZD. A MASTER NOMEOtMVERS ASSCGA710N WRl BE FORNID iD ACCEPT RESPONSBIlltt FOR MAINTENANCE, CDNIRG, SAFETY, AND t1ABIUtt OF NANRAL UNOISNRBID OPEN SPACE (NU05). ZI. DEAGI SPEED FOR 1WS PRCAffCT WNL BE Z5 MPH FOR LOCAL STREETS 22 ALL STREETS IWU. BE DESICNID ro ACCOMNODAIF THE W.B.-40 iRUGf AND BUS DESIGN VFHKXE 23 WIENI1LWAlLY OFIEIID. 2A. ORAMACE X3LL NOi BE ALIEREQ D15NRBED OR DESTRUCTED WITHOUT THE APPROVAL t)F DR: MARANA TOWN COUNC!L 25 APPROVAL Cf nNS PUT DOES NOT CERRFY BTE E1657FNCE Of COMPLIANCE N1M ANY GEED RfSIRICnONS GR EASEMENTS 18 WlEN1I0NALLY DELETED. 27. WTENnONAIlY DEIElE'0. 2B ALC NEAIHEIt ACCESS NiLL BE PRONDID ID ALL L015 N91HIN THIS SIBDIN50N. 19. ALL ROA0.S ARE PUBLIC M11HM OR ADJACENT 10 THIS SIIBOIVSION AND SHALL BE CQV51RUCiEO W ACCORDANCE IWTH APPROVED PUNS CONSTRUCRCN PLANS SHALL BE SUBMITTED i0 THE TONN OF MARANA. 30. ALL DRANUCE UWROVflMEN15 GY OR ADJACENT TO IRIS PROJECT WHICH ARf 10 8E COVSTRUCIED W CGkUNCROV W}IH ME DEVELO°LIEIJT 0° IiNS PROJECT S3Al! BE CONSIRUCIEO ACCOROWC TO PUNS AS RFMENID AND APPROVED BY 7NE TONN OF MARANA, JI. ANY UIIUnES 1HA7 MAY NAM: N BE RELOCATED AS A RESULT OF iW5 DEVELOPMENT MU BE DGVE SO AT NO EXPENSE i0 THE TOWN OF MARANA AND/QP PIMA COUNTY J2 ALL ELECTRIC AND lELt7HONE SERNCES ARE TO BE UNDERGROUND. URUT/ 9ZWG AND LOCATON SUBJECT i0 FlNAL APPROVAL BY THE APPROPRM7E WATER DEPAR1MENi, PIMA COUNTY WASTEWATER MANAGEMENT AND ARIZONA DEPARTMENT tb< HEALTH SERMCES 37. FNTE HIDRANlS AT 500-f00T MAXIMUM MIFRYALS SHALL BE WSTALLED W7NIN PUBLIC STREETS nJE FlRE ROW REQUIREMENT IS 850 GP.M. APPROVED BY NG7IHWEST FIRE DEPARTMENT. 3A BASIS Of EIEYAlION£ PCDOT/COi DOi GEODETIC CGNTRO! POWT 002, N 0781Y2' E - 505849' FROM NW CORNER OF BECKON 7 ELEVAnON BEWC Z6J7.SI NAVD 88 DATUM. 8~C Foglneerlag end Bnatroomental Comnltanb, Inc. 4826 E. Pf. IAWEIl BD. SUITE 200 TUC90N, ARIZDNA 88712 620-921-4826 uu~ X I ¢cCOizX _ _ e need' c naeu' CAYINO OEL NOB79's N «eris F a~aea _ _ ® ~~ -- sc i~ sF~cr"i rH cm ~ e1cx,1 I nsll~,xy ssr lp•d+/~c ~mWt/Y 1 rain rw I 1 "=600' ~ I (wtcsrbuv¢D I I w ~ N I GOVT LOT J ~ usNC raw n[s) I F. r ~ ~ SEE BK 34, RECORDS of SURVEY, ~ w _ ~ I ~ I PG 77 FOR SEGnON INFORMA nON. I rl I ~, ~ I O, I Dovr LDr z ~ I I~ 9 I ,~ I IQ ~I ry aniw a eXSr rµ rnr I rc r XnGC~'AISP F faC1i~' w ~ ~~ - _ 9llew F GOeDM _ _ N'RI 5111!_ 6 neYCl' C M9.CY FXSr 1X~ cox wESr rN ax POTVIN aul'N t LANE uaanEC w scc 1x. scc r aoX' e f PcxD nE {°s i I ser r/r w/ec 2 I n.re' O s'xatMa rrc we uv cavxPx m srr ,~~~ ~~ ~ ~ ~ ~ ~ ~ v_ IW~ ~I ~i I3~~ I I I I I sw cn I ~ ~ SEC 11 N SCSY m P« xXe~ I scum 1H aze O ~,yII (sa r ~inFO w/ 2 POND ie.5 N IXD'NC' I __-___ 11.15'NW_ LAI®ERT f.AN6 awmrw nuaN J.S. IPoS PRO~kCT W SUB.ECT N A MAX9RNA JOJ6 GSNRBANCE UMIl PER MARANA LAND DEVflOPNENT CAE 17-2-38. JG ALL HOMES IN THIS SUBGNSIOV SHALL HAVE FlRE SPRINKffRS WSTALlfO. J7. ALL L015 THAT MILL HAVE CGNS7RUCnDN M THE IW-YEAR ROWPUW OR ERQSION HAZARD SETBACK NHL REWIRE FURTHER ENCWEERWG ANALYSIS AND N1LL BE REWIRED N L~TAW A ROODPUW USE PERMIT FROM THE iONN OF MARANA. JB A ROODPWN USE PERMIT NiLL BE REQUIRED FOR ANY LOT W N1NCH CONSTRUCnON WILL TAKE PLACE W THE 100-YUR ROODPLAW GR THE EROSiGJ HAZARD SETBACK. APPROVALS TOWN OF MARANA APPROVALS MARANA iDW1J ENGNEER DAIS MARANA PUNNING DIRECiCR DATE I, ,CLERK OF THE TOWN OF MARANA, HEREBY CERTIFY 1HAi THIS PUT WAS APPROVED BY ME MAYOR AND COUNGL OF THE TOWN OF MARANA ON 1HE DAY Of , 20 PIMA COUNTY ~A~PgPRO/~V~//A~L,S/~ ~Q J PIMA COUNTY DEPT. OF WASTEWATER (E /j ACEMENT DATE RECORDING STATE OF ARIZONA) ~ ASS. CWNTY OF PIMA ) N0. THIS INSTRUMENT WAS BLED FOR RECORD AT THE REQUEST OF ENGNEFRWG AND ENNRONMENTAL CONSULTANTS, LNG ON 1H15_DAY OF , 2D AT_N. W BOOK OF MAPS AND PLATS AT PAGE--THEREOF. WITNESS MY HAND AND OFFIGAL SEAL THE DAY AND YEAR ABOVE AS WRITTEN. F. Ann Rodriguw: PIMA CdINtt RECORDER DEPUTY COUNTY RECORDER LEGEND ONNEIPS PARCEL - - - - SECnGN lNVE - - - CEN7ERLRlE - - - - 1DD YEAR RooD uNE - ~ ~ - ER0.SNN HAZARD SETBACK LINE - - - - - fXISiWC EASEMENT - - - - - EASEMENT OEDICATID BY TENS PLAT I/2" IRON PW IAGCID BY A REGSTERID LAND S ~ CONSIRUCIIQV (S E OENERAL NOIE B) ~ SURVEY MONUMENT - BCSM (70NN OF MARANA STANDARD SURVEY NONUMENIS N-103-8) STAMPED BY A REGK7ERE0 UND SURYEttJR - TO BE SEI INGI COMPLEBCN OF CONSIRUCIKAV fi FIXWD SURVEY MONUMENT - AS NOTED (R) RECORD (M) MEASURED o sfT ecsL1 * ACCESS LOCATION DEDICATION WATER ADEQUACY THIS SUBDIVISION LIES MI7HIN AN AREA DESIGNATED AS HAVNG AN ASSIJRID WATER SUPPLY. UnUN DIRECTOR -TOWN OF MARANA DATE ASSURANCES ASSURANCES IN THE FORM OF A IRUS7 AGREEMENT, N0, 60,077, FROM FIDELITY NABONAL nn.E AGENCY, INC. AS RECORDED IN DOCKET PAGE HAS BEEN PRONDED TO GUARANTEE DRAWAGE AND STREET IMPROVEMENTS (INCLUDING MONUMENTS) AND UTILITY IMPROVEMENTS (ELECTRIC, TELEPHONE, GAS, SEWER, WATER) IN THIS SUBDMSION. er.' TOWN OF MARANA CERTIFICATION OF SURVEY I HEREBY CFRnFY THAT INE BWNDARY SURVEY SHOWN ON THIS PLAT WAS PERFORMED UNDER MY DIRECflON AND THAI ALL EXISRNG AND/OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. I FU THER CERTIFY THAT IRIS PUT WAS PREPARED E MY GRECnON. LA^W e cY~'eb Eau JAME L DEAN '~~ L DEAN R.L. N0. 14145 Q4 ENGINEER'S CERTIFICATION I HEREBY CERTIFY THAT THE NYDROLOGIC/RODOPUIN INFORMANON SHOWN ON THIS ALAT HAS BEEN PREPARED UNDER MY SUPERNSION. awoeb tfiB83 RYAN G RYAN G BALE BOLL P.E N0. 78963 ~~ DALE BOOK~PAGE ~__L' C.~ ® wxxn nw a wsxe I E_.~.. I e tuna m xcFrz SCALE: 3"=1 MILE w., r 12 _,...,,~ i WE, THE UNDERSIGNED, HEREBY WARRANT THAT 1'ff ARE ALL AND THE ONLY PARBES HAVING ANY RECORD PRE INTEREST W THE UND SHOWN ON MIS PLAT, AND Wf CONSENT TO THE SUBGWSION OF SAID UND IN TTIE MANNER SHOWN HEREON. WE HEREBY DEDICATE TO THE PUBLIC ALL RIGH15-OF-WAY SHOWN HEREON, INCLUDING ALL S11TEE1S, ORAINACEWAYS, AND EASEMENTS. U7RIRY EASEMENTS AS SHOWN HEREON ARE DEDICATED l0 ALL U71LItt COIAPANIE$ THE TOWN Of MARANA AND PIMA COUNTY FOR THE PURPOSE OF INSTALLA7IDN AND MAINTENANCE OF UnU71ES AND PUBLIC SEWERS EXIXUSIVE EASEMENTS Fi7R THE TOWN USES AS SHOWN HEREON ARE HEREBY DEDICATED TO 1HE TOWN OF MARANA. WE, 1HE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY SAVE 1HE TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS, THEIR EMPLOYEES, OFFlCERS, AND ACENR FROM ANY AND ALL CLAIMS FOR DAMAGES REUTED i0 THE USE OF SAID LINOS NOW ANO IN THE FUNRE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHEMER SURFACE FLOOD OR RAINFALL, IT IS FURTHER UNDERSTOOD AND AGREED MAT NANRAL DRAINAGE SHALL NOT BE ALTERED, DISNRBEO, OR OBSTRUCTED NIIHOUT APPROVAL OF ME MARANA TOWN COUNCIL PRESERVARON AND MAINTENANCE OF 1HE NANRAL UNDISNRBED OPEN SPACE SHALL BE THE RESPONSIBILITY OF AN ASSOCIATION OF INDIWOUAL LOi OWNERS AS ESTABLISHED BY THE OECURAnON OF COVENANTS, CONDNIONS AND RESTRICnONS, RECORDED IN DOCKEI__ Ai PAGE _~ THROUGH PACE _~ IN THE OFFICE OF711E PIMA COUNTY RECORDER. FlDEUtt nONAL 1171E AGENCY, INC., AN ARIZONA CORPORAnON AS TRUSTEE UNDER T N0. 60,077, ONLY AND NOT ITS CORPORATE CAPAGTY. BY.• OA1E 'II ro 1RU OFFlCER STATE OF M4ZONA) COUNTY OF PIMA~,~) CN THIS 1}IE ~~ DAY GF , 200 ~ BEFGtE MC PERSONALLY APPEARED NHO ACKNO'MfDGID i0 BE THE 1RUSi OfFlCIAL OF FlDEUtt NADONAL WILE AGENCY, INC. AND BEING AUTHORIZED SO i0 D0, EXECUTED 1HE FORECGNG INSIRUMENi FOR THE PURPOSE 1HEREW. r p V ~ ~ e NOTARY TRIBUC MY CONMISSOV EXPIRES BENEFICIARY DAND R MAXWE JA0005 2800 W PUGTA SDMBRA CHUU TUCSON, A2 85745 510-74J-9298 t 3 SOMBRA DEL TECOLOTE LOTS 1 THROUGH 8 BE[NG A PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE l9 EAST, G.& S.R.M., TOWN OF MARANA, PIMA COUNTY, ARIZONA MARCH 2004 PRV-03094 EEC 203073 SHEET 1 OF 2 LOCA'PION MAP SCALE: 3"=1! MILES A PG,RnON Of SECDdV 7, i-I1-S R-13-E G ,# S.R.M TOWN Cf MARANA, PIMA COUNR; ARIZONA BOOK PAGE i _ _ _ ~ UNSUBDIVIDED CURVE DATA I 1 "=50' I NW COR SEC 7 FLS14253P CAMINO DEL NORTE S 89'58'14" E 2408.14' (PUeLrc) 7 °si cFS o S 89'58'14" E 1088.25' g - - - - - - - - - - - - - o,,,= - - SET 1/2" IP (DKT 428, PG 26) r d 16.9 CFS eh "RLS 14145" 275.68' 90.~' 102,49' S 89'58'14° E 1028.25' ~ + at 45.00 40891' ~ 6 147.27 L69 JU . o Y'i ~ ~, ~0.i a / o SET 1/2° IP I I ~ ~~r? }'~~ ~,7 ~ "RLS 11}145" I,~ ~`~° ~ / .1.00 IV bj ~~ m I v" ~! ~~~`~ + I ~ .o41ro I L2 •~~ a b! ~ I I `~ riy ~ 1~'q •$, ~ ~p 9~ 3 ~ 68,447 SF I' m ~ a ..~ AigW y4 ~ ~ g t 130.00' M ~iyg lo,jl~o ~ ~ ^op ~R~~ 60,524 SF ~ n~ ~ It01.I 1.00' Cry ~F~~`d?y 87,480 SF 9 ~ ~ = ly W I t, 0 ~ y~o ,' ~ / F rC y13. ~ A; ~~/ ~ / / p IM u7 1ea.~ ~~~ ~ tsa~1 r / t t / ~ ~ 3o.bo'3o.ao' Im *~i. ,r~ug2~la31Sa 0 Ib9. 00• / / ~~13"' N I s m ~ 'My31 ~ ~~/ 1 °o, 6p1 51' LW3\~ / //"/ / d W kH '° ~ a . i~0 ~ S~ t ~ / 41!20.95' ' 00 / // / V~c\ ~ iy 1 ."') g 3 1e t ~ / ~7' 4J C 0 / V ~ 1 '(s~-~~ EV I~ n ~ n ~~o~' ~I $' / L e ~ ~ ~) to j1` d W o m. A ~ H 'o,A$. } I / 1.4 G~,{'iL, C1 ~--{~ - ~ N ~~ u a ~~ `., °o `3°> ~I. /p, -~+~ : " ~j e fO to z ~3~ 4f ~/g3.1~o~7Cyylcl fii. C2 RWZ08 ~t B&427 SF ~~ ~ Icy Q ~,' I " "~ ~ ~ 1 /~ /I ~ e5t'6,tiD / ~ Lei qa Q~ I~ qEv ~ a^ ~~°wd. 118,090 SF ~ ~'S'~O~' + 0 6j ~.[t~ ~p~ ~ /,~ N y P i ,'~~~' O a~ arcm~ t ~~ rygry5 a~% t V 't~f ~ ~g I I O ~~ a 7 ~ l o ~ /tl ~7 O~pO / ~ ~ o I I ~ '~ . r / op ,~ 1p / r ~ ~ y 9~ ~ A „ Oi f 1y I t~' ~~ x I ~ ~~ e4' ^ I = p / ry i. 16~ / ~2 0.. ~ ~ "7 S ~ 6 / 9.91' vL` ~ a / 0 0 0. ; / Po 4~ 6$398 SF f 84,950 SF ~ ~ ~ ~ I 1.00' ~ 6ybi' ~ ~~'7 ~ 8 E E75 v1 ~ ~ o 0 1i ~~. h I °0 1 96 %~/` ~~ ~s~ I 52,754 SF P~$ ~ ^ co `ro /P 111.78' ~~ ~~6 tae / ~ y~0 / $1~~ s v ~ I ~ ,~! S ~ . 05 4~ 9 ~ 2 ~u i' 4 111. ' ~ °,h COR'~ ! / ~6~./ ~ti~ f~q7. 1 N 8959'57' E ~ P~~ L `~ ~ _ _ _~ ~ 1 0 °o °o ~qoy~ 1D°.iy~l Loo, a45.W' ~ ~ ~ ~ 477.11' SOUTH LINEN 1/2 GOVT L07 1 204.00' 302.11' ' ~ 125.59' se 1 7.DS' N 89'5] 38° W 1028.21 sET i/2" IP I I SE7 I/2" IP "RLS 14145" "RLS 14145" FD i/2' IP 224-15-0040 224-15-0050 "RLS rs332" 0.82' NORTH 224-15-0030 MICHIKA TUN PARTNERSHIP LLC I HOLDCRAFT I I LOCAL COOR INATE DATA LCD I WES7 1/4 COR SEC 1 ser 1/z" rP "RLS 14145" 1 5' NOR1H OF CORNER 8~ Engineering end ~alronmentel Conedtents, Ino, 4826 8. NT. LDIPEIL RD. 98176 800 TUCBON, IRIZONA 86718 620-98L-4826 KEY NOTES O 10' PUBLIC UBUTY EASEMENT DEDICATED BY 11115 PLAT © 1' NO ACCESS EASEMENT DEDICATED BY THIS PLAT © PUBUC WATER MAIN EASEMFN7 DEDICATED 8Y IMS PUT ~~~4 I OEW 1810 RYAN G eNE - -+ NORTH I/4 COR I SEC 7 SE7 I/2" IP/AC I (REESTABLISHED USING PCHD RES) i SEE BK 34, RECORDS OF SURVEY, PG 77 FOR SECTION INFORMADON. LINE DATA L48 N 7146'78' E 7.79 L41 N 6275'40` E 24.44 L48 N 6531'57" E 29.21 L49 N 58'40'24" E iJ.47 L50 N 55'43'32" E 11,09 L51 N 48'36'00" E 9.48 L52 N 3829'18' E 7.49 L53 N 2826'53" E 13.40 L54 N 2127'23' E 20.97 L55 N 0330'26° W 26.60 L56 N 10'58'37" W 21.32 L57 N 1071'33" E 25.88 L58 N 47'JO'26" E 19.52 L59 N 7323'75' E 26.51 L80 ~ N 74'48'16" E 12.34 L61 N 51'36'09" E 12.22 L62 N 39 J4'S4' E 40.20 L6J N. 28'09'78^ E A0.20 L64 N ' 725'05"E :38.13 L85 N Ji25'14' E 55.77 L66 N 2324'30" E iZ98 L67 N 4530'29" E 11.29 L18 N 102713" E 30.77 L79 N 01'13'36" E 48,72 L80 N 0521'41' W 51.99 l81 N 052741 W 8517 SOMBRA DEL TECOLOTE LOTS i THROUGH B HEING A PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE l3 EAST, G.& 3.R.M., TOWN OF MARANA, PIMA COUNTI', ARIZONA MARCH 2004 PRV-03094 EEC 203073 SHEET ~ OF 2 BOOK PAGE CURVE AR DELTA RADIUS CHORD LENGM CHORD BEARING CI 88.64 24Yf'01" 210.00 8798 N 7734'JO" E CZ 73.55 44'42'21" 43.00 72.71 _ S 67'40'42" E CJ 38.30 44Y5'I8' 4200 75.41 S 6721'6" E C4 33.52 4439'28" 4300 32.67 S 67'39'15" W TOWN COUNCIL MEETING TOWN OF MARANA 9 ; INFORMATION. ~ ~ +~~~~ MEETING DATE: ' ` April'6, 2004 AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No 2004-40: Relating to Subdivisions; Approving. a Final Plat for Gladden Farms Block 5. DISCUSSION Gladden Fauns Block 5 is located within the Gladden Farms development. The site is located directly south of Moore Road, west of the new Lon .Adams Road and north of Gladden Farms Drive, within Section 34, Township 11 South, Range l 1 East. This Final Plat consists of 129 single-family detached home lots on 25.73 acres. Included in this subdivision are Lots 1 through 129 and Common Areas "A" and "B". This project is zoned R-6, which requires a minimum lot size of 6,000 square feet. The smallest lot is lot number 76 which is 6,000 square feet with the average lot size. for the plat being 6,840 square feet. US Home Corporation/Lennar will be the builder on Block 5. US Home Corporation and Lennar will both offer houses in this subdivision. Lennaz has four model plans and US Home Corporation is currently proposing five model plans. Only one of the US Home Corporation plans is a two story model. The maximum height of the two-story home will be 25 feet. The subdivision is limited to 30%, or six, two-story homes along Gladden Farms Drive .and six. two- story homes along Moore Road. General notes 21, 22, 23, 25, and 26 address the Town Council concerns with regard to height and aesthetics. These notes restrict the overall number of two-story homes to a maximum of 50%, with no more than two consecutive two-story homes adjacent to one another or on corner lots, fence returns placed neaz the back of the homes to allow for more front yard landscaping, no two homes with the same elevation or color scheme shall be permitted adjacent to one another, and the plat must abide by the amendment to Title. 5 of the Land Development Code Section 05.10.12.G. The necessary Avigation Easement for Block S has been accepted by Town staff and will be recorded with the final plat. BLU Gladden Farms Bik S.dce FJC.•KK 3/29/04 RECOMMENDATION Staff recommends approval of Resolution No. 2004-40 approving a final plat for Gladden Farms Block 5. SUGGESTED MOTION I move to approve Resolution No. 2004-40. -2- BLU Gladden Farms Blk S.doc FJC.•KK 3/29/04 MARANA RESOLUTION N0.2004-40 RELATING TO SUBDNISIONS; APPROVING A FINAL PLAT FOR GLADDEN FARMS BLOCK 5. WHEREAS, on December 4, 2001, the Town of Marana adopted Resolution No. 2001-155. approving the Final Block Plat for Gladden Farms, Book 55, Page 60; and WHEREAS, US Home Corporation is the owner of 25.73 acres within the Gladden Farms Block 5 boundary generally located in Section 34, Township 11 South, Range 11 East, directly south of Moore Road, west of the new Lon Adams Road and north of Gladden Farms Drive; and WHEREAS, US Home Corporation has applied to the Town of Marana for approval of a fmal plat for 129 single-family detached home lots on the 25.73 acres, including lots 1 through 129 and common areas "A" and "B"; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held Apri16, 2004; and WHEREAS, the Mayor and Council have determined that the final plat for Gladden Farms Block 5 meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Gladden Farms Block 5, submitted by the US Home Corporation fora 129-lot subdivision located directly south of Moore Road, west of the new Lon a Adams Road and north of Gladden Farms Drive, in Section 34, Township 11 South, Range 11 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of Apri12004. Mayor Bobby Sutton, Jr. ATTEST: . Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney RSO 040406 Gladden Farms Blk S.doc 2 FJC 3/19/04 .. ~_ ~., ,~~ . ~ ~~ f tl/.,~ / ~.~~~,/ T01~~ N O F ~~iARANA Gladden Farms Block 5 Final Plat ca,sE No. PRV-03045 Farm Field Five Subdivision Subject Property Block 5 1 1' •.1.' ~_ ~ ~~ ~, i ~ ', ~' '~ p=~~,! .i ~ i - :- _ '~ . I v,,0- ~~~~ - Honea Heights ~ ~ ~ ~ ~ ~ C~ .'~\ ~J~'`--~ _`^____,_ b ^ ~_ ~ ~ ~~ ~~ ~ ~' ~ ~' \ ' ~y~ ~ \ ~~' ~, ~ ~ /~ ,~ ~~ ~ DataDisclaimer ~' !! ,,\~~ ~ j The Tovm of Marana provides this map information "As Is" at the request of ~~ ~ '~ \ ~ ~ ~ the user with the understanding that it is not guaranteed to be accurate, i ~~ ` ~~~ ` ~ , i ; \ cortect or complete and conclusions drawn from such information are the ~ ~, ~ ! responsibility of the user. ~ ` 'I In no event shall The Town of Marana become liable to users of these data, 600 0 600 1200 Feet /~ ~ ar any other party, for any loss or direct, indirect, special. incidental or l/^\ \ \ 'consequential damages. including but not limited to time. money or ;goodwill, arising from the use or modification of the data. REQUEST A request for final plat approval of a 129-lot single family homE subdivision on Block 5 of the Gladden Farms Development, within. Section 34, T11 S and Range 11 E. ,~js~o4 • r 1 J BOOK:. PAGE ~~~~~. D®ICATION QEHERAL NOTES ~ ~~ aIn ~ NE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE THE OWNERS MID THE ONLY E 9TIEREST IN THE LAND SHOWN ON i1NS PUL AND WE RT NN ANY TIT r {~ • n 1. THE AREA OF THIS SUBDIVSION IS 25.73 ACRES OR 1,120,880 SQ. FT. ' ' MS HA PA O L p ~ = soo COMMON AREA A BRAINAGE, TRAIL ACCESS do LANDSCAPING) M 0.23 ACRES CONSENT Td THE SUBGVSION DF SAID Uhf 6N 1FM MANNER SHOWN HEREON. ~~ - COMMON AREA "B' RECREATION h LANDSCAPING) IS 0.58 ACRES. WE HERBY DEDICATE TO THE PUBLIC ALL PUBLIC RIGHTS-OF-WAY SFIOWN HEREON, - - - - - - - - - - - - - -'-' -' --'- - - - - -'- ~ (PUBLIC) - - - - - - - - - - MOOR[ 2. THIS SUBDINSK)N IS SUBJECT TO THE REQUIREMENTS OF MARANA ORDINANCE N0. 2000 09 AS ADOPiED BY THE TOWN OF MARANA MAYOR AND CWNCIL ON INCLUD9IG ALL STREETS AND EASEMENTS (EXCEPT THE PRIVATE LAI~SCAPE EASEMENT). - - - - - - - - . URUtt EASEMENTS AS-SHOWN HEREON AAE DEDICATED FOR THE PURPOSE OF ACCESS, p "A, COY FARMS WAY Q A •A• ~ NOVEMBER 7, 2000. THE EXISTING LAND USE DESIGNATKAA-f ~ R-B AND WILL REMAIN SO 3 INSTALU710N AND MAMIEFIANCE OF URLIRES AND PUBLIC SEWERS EXCLUSIVE EASEMENTS FOR 1DWN USES AS SHOWN HEREON ARE HEREBY DEDICATED TO THE - ~ ~ 6T . , . 4. THE TOTAL NUMBER OF LOTS IS 129. TOWN OF MARANA ~ ~ ~ ~ M 65 TER: GROSS DENSITY IS 5.01 RAC. WG 1HE UNDERSIGNED, OUR SUCCESSORS AND ASSIGF~, D0 HOLD'HARMLESS 111E ( I ~ S. THE TOTAL MILES OF NEW PUBLIC SiREET IS 0.93 MILES TFM TOTAL MILES OF NEW PINNATE STREETS IS 0.0 MILES TOWN OF MARANA, ITS SUCCESSORS AND ASSNWIS, THFJR EMPLOYEES. OFFlCERS AND AGENTS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED Td THE USE OF ~ ~ ~ ~ ~ ~ ~ ~ ... ~ + w a (~ I 68 + 8. 1HE MINIMUM LOT SZE REWIREMENT IS 8,000 SWAi~ FEET. 1HE MINIMUM tAT R S ~ ~ ~ ~ + ~ ~ m m • u aJ 7 I m ~ ~ I ONDED I ~ZE F 8,000 SQUARE FEET. 1HE AVERAGE LOT 512E FRONDED IS SAID LANDS NOW AND IN 7HE FUTURE BY REASON OF FLOODMG, FLOWAGE, EROSKXI OR DAMAGE CAUSED BY WATER WHETHER SIAiFACE, FLOOD OR RAINFALL. IT IS m ~ . . ~ ~ ~ I w + g,g40 SQUARE FEET. 1HE MAXWiUM LOT SIZE FRONDED IS 15,898 Sa Fr. 7 PAlN(ING PROVISIONS ARE: REWIRED - 2 SPACES PER REGDENRAL UMT FURTHER UNDERST000 AIR) AGREED THAT NATURAL DRAINAGE SHALL NOT BE ' ~ ~ ~ B I o ~ 340CIL 4 ~ 8 g nR ~ ~ ~ $ ~ $ ~ 61 . . FRONDED - 2 SPACES PER RESAEN7IAL UNIT. THE MARANA TOWN ALTERED, DISTURBED OR OBSTRUCTED NITHWT APPROVAL ~ 90 d0 ( I & NO FURTHER LOT sPUmNC SHALL BE Do-~ WITHWT THE WRITTEN APPROVAL I ~ BIDGC F I ~ I ~ S 6 S COLMION AtMAS 'A" AND '8" AND TIM PTBVATE UNDSCAPE EASEMENT, AS SHOWN 40 41 51 SS 7 47 58 I 9. ON-STE SANITARY SEWER WILL 8E PUBLIC AND WRL BE DE9GNED AND CON- ARE RESERVED FOR 1HE PRP/ATE USE ANA CONVENMNCE OF ALL OWNERS OF HEREON I ~ 4 SiRUCTED TO PIMA CgJNTY WASTEWATER MANAGEMENT DEPARTMENT STANDARDS. , PROPER W ~ ~ I ( 3 10. B ~ T i ~ E P D0. S TO THE TOWNMARANA, PIM CWN1Y At~~ UTNTY CdAPANIES EASEMEN T p 31 28 ~ ~ ~ WARIER (N OF SECiKIN 34, t- R-it-E, FROM 1H C. . INSTALURON AND MAINTENANCE OF PLXNLIC AND PRIVATE UI~AERGROUND FOR ACCESS 2 { I ANK PROIECRON C ~ ' O ' W , U7IURES AND PlR1UC SEWERS 811.E OF COMMON AREAS "A' AND 'B' SHALL ~ ~ _ 95 ~ C A 'A' I 1 10 I PLANS O. N O. 4F918A, SAID BEARNG SIN N 89$S W Og S VESTED M AN ASSOgA1KNN OF 61DINDUAI LOT OWNERS AS ESTABLISHED BY MASTER . 11 12 1 11. THE PROFE59INNAL ENGINEER OF RECORD SHALL CERT9Y AS TD nM FGtM, IJNE DECIARATKIN OF COVENANTS, CONDITKINS, RESTRICRONS AND EASEMENTS RECORDED IN _ 1 1 1811 1 t9 21 34 I ` ~AGE STRUCTURES A' A DOCKET 12107 AT PAGE 11288 91 THE OFFlCE OF 1FM PIMA CWNtt REWRDER. EACH BIAq( 1~ `~ F - J ~ COMMON ARE SORE THE RELEASE ~ ASSURANCES. ( AND E4ERY LOT OWNER WITHIN 7HE SUBDIVISION SHALL BE A MEMBER OF 1HE aMME ( `^~ 12 POTENTIAL ~IYERS ARE ADVSEO THAT PROJECT FALLS IN THE AIRPORT 9dFLUENCE ASSOgATION, NNAtI WiLL ACCEPT All RESPGLSIBUtt FOR 1HE CONTROL, MAINTENANCE, I (~~) I - { AREA AS DELINEATED N THE NORTHNEST MARANA AREA PLAN AND IS SUBJECT SAFETY AND UABIUtt OF COMMON AREAS •A' AND '8• WITHIN 1HIS SUBDIVSION, AS "" ' -- - --- - - - - fAlal I~ WAY aI aM BLOOK 11 T ` I TO FREQUENT OVERFlICHT BY GENERAL ANARON AIRCRAFT. AN ANCARON EASEMENT ~ SHOWN HEREON. f j { 13. SOME OR A ~DS WiTMNT FiIS PROJECT WRl CONTNUE TO BE SUBJECT TO FlDELITI' NATIONAL R7lE AGENCY, INC, AN ARIZONA CORPORARON, AS TRUSTEE ~I TAXES AND/aR AssESSMEwTS BY THE CORTARO-MARANA IRItIGAnoN DISTRICT UNDER TRUST N0. BD082, AND NOT OTHERWISE. L APPROVALS I WATER .USERS' ASSOgARON. CMID iS UNDER NO oBUGARaI tD, NOR ARE 40CA TTOl~1 MAP SECTAN 34, i-N-S R-if-Q GdS.RB.NL, iWNV CF MViANA P9M COl6RY, AffiONI SCALE 3' = 1 MEE 41ECT EXISTNG 2' &TASS CAPPED SURVEY MONUMENT AS NOTED A Y BRASS CAPPED SURVEY' MONUMENT TO BE SET N CONCRETE,' TOWN. Cf MARANA M103-B, TO 8E STMB~ED BY A REGISTERED LAND SURVEYOR. E105RNC SURVEY MOTRIMENT AS NOTED A S/8' REBAR TAGGED BY A REGISTERED LAND SURVEYOR TO BE SET. SET 5/8" REBAR, TAGI;£D RLS 19833 LINE NUMBER WRVS NUMBER RAGAL BEARING STREET ACCESS FOR ADDRESSING PURPOSES 1' NO ACCESS EASEMENT (N.A.E) BY 7FNS PUT td.PUBUC URUtt, ROADWAY MA9NTENANCE AND SK#NAGE EASEMENT BY THIS PUT B' PUBLIC ROADWAY MAIN7ENANCE, SAVAGE AND HOMEOWNER'S ASSOgARGN LANDSCAPE EASEMENT GRANTED BY THIS PUT 5 PUBLIC ROADWAY MAINTENANCE, SK7IAOE AND HOMEOWNER'S ASSOCIARON LANDSCAPE EASfMIENT GRANTED BY THIS PUT td PUBLIC ROADWAY MAINTENANCE, SIGNAGE AND IN)LMOWNER'S ASSOLXARON LANDSCAPE EASEMENT GRANTED BY THIS PUT STREET NAME CHANt;E SiGH1 NSBNJtt EASEMENT BY THIS PUT AT PAGE _ THEREOF. ACCESS GRADE OVER 15%, MUST BE EVALUAiFA FOR ADGRONAL TIRE PR0IECRON MEASURES 21. NO MORE THAN 2 CONSEWTIVE TWO-STORY HOMES WILL BE ALLOWED ADJACENT ClrOS3 ~` THERE ANY PLANS TO REFUGE OPEN CANALS ON SURRWND9IG PROPERtt OR I, . CLERK ~ THE TOWN OF MARANA, HEREBY ELSENNERE. A PERMIT MUST BE OBTAINED FROM CMID BEFORE ANY WORK IS OFFi DATE CERTIFY THAT 1HIS PLAT WAS APPROVED BY THE MAYOR AND COUNCR PERFORMED WITHIN CMID'S PROPERTY, ROWS AND RELATED FAgURES. OF THE TOWN OF MARANA ON THE _ DAY OF ,2404, 14. BUILD6IGS AND STRUCTURES ERECTED iN THIS ZONE SHALL HAVE A HEIGHT N07 ~ A~ GREATER THAN 1W0 STORIES OR 2S', EXCEPT AS OTHERWISE PERMTTED. 15. NO MORE THAN 30X (OR A TOTAL OF 8) OF 1HE HWSES ALONG GLA~EN FARMS DRIVE CAN BE TWO STORY. A MAXIMUM aF 8 IKXISES ALONG MOORE lglo ROAD MAY BE TWO STORY. STATE OF ARIZONA ) MARANA TOWN CLERK DATE 16. THE REWIRED FRONT YARD (SETBACK) SHALL BE A M9N6AUM 18', EXCEPT ~• WHERE GARAGES OPEN OR FACE DIRECTLY ONTO AN ABUTTING STREET, IN WI9CH ~ CWNtt Of PIMA ) CASE THE 6ARACE SETBACK SHALL ~ A MINIMUM ~ 2O'. A MAX9IUM OF 35X ON 1HLS- DAY ~ ,2004, BEFORE ME, THE UNDERSIGNED OF 7HE LOTS MAY HAKE A REWCED SETBACK 1o THE 18', WITH THE BALANCE U PERSONALLY APPEAiMD WHO ACKNOWLEDGED . MARANA PLANNNG DIRECTTki DATE OF THE SETBACKS BEING 2d OR GREATER. SEtf TO BE THE TRUST OFFAER OF FlDELItt NA110NAL RTLE AGENCY, MC., AN THE REQUIRED SIDE YARD (SETBACK) SHALL BE A MNbMUM OF S', WITH A CS APoZONA CORPORARON ANO BEING AUTHORI~D SO TO D0, EXEWTED THE STREET SDE YARD (SETBACK) HAVNG A MNIMUM OF 1d. FOREGgNG INSTRUMENT FOR THE PURPOSE 7HERE6N. THE REWIRED REAR YARD (ABACK) SHALL BE A MINIMUM OF 2d. WHERE iFM (R) MARANA TOWN ENgNEER GATE FRONT YARD (SETBACK)IS INCREASED ABOVE THE 20', 1HEN THE REAR YARD (SETBACK) MAY BE REDUCED ONE FOOT FOR EACH FOOT OF INCREASE, BUT IN YATNESS NHEIMOF, I HEREUNTO SET MY HAND AND OFFlCIAL SEAL SHALL NOT BE REDUCED 1O BELOW 15'. WHERE TER: FRONT YARD (SETBACK) W _ IS DECREASED BELOW 1lE MllgMlR/ 20', TFRE REAR YARD (SETBACK) SHALL BE - „ , ~ PIMA CWNtt DEPARTMENT OF WASTEWATER DATE INCREASED ONE FOQT FOR EACH F00T OF DECREASE, BUi SHALL NOT ~ ~-l4_""' MANAGEMENT REWIRED TO eE OVER 25'. MY COMA9SSION EXPIRES NOTARY PUBLIC 17. PER 1HE NORTHWEST MARANA AREA PLAN, MINMUM SEPARAROTI W'I1HIN A PLANNED NLLACE BETWEEN RESIDENCES SHALL BE 15'. ALL SITE PLANS CERTFlCATION ~ ~~ °" o SUBMITTED FOR BUILD9IC PERMITS MALL SHOW THE FRONT AND SIDE SETBACKS I BB~EFICIARY Of TRUST WATER ADEQUACY ,,,,,,;,,,; 9 FOR THE HW~ ON EACH SIDE OF THE LOT BERNO PERMITTED. THE SITE PUNS ~ i~ I HEREBY CERTFY THAT THE 80111~ARY SURVEY ~ SHALL. INCLUDE THE MODEL NUMBER AND ELEVAIKN, COLOR SCHEME AND SINGLE ~ , TRUST N0. 60082 SFKINN ON THIS PUT WAS PERFORMED UNDER MY .y9' OR 1W0 STORY DE9GNARON FOR 1HE PERMITTED LOT. ~ HCNAE CORRORARON THIS SUBDMSIDrI lMS W11HIN AN AREA DESIGNATED DIRECRON AND THAT ALL EXIST9NC AND/OR ~ r,r 18. 1HIS PUT FALLS UNDER THE REWIREMENTS AND GUDEL6NES OF 1HE NORTHWEST 5151 E. BROADWAY, SUITE /1100 AS HANNO AN ASSlIREO WATER SUPPLY. PROPOSED SURVEY MONUMENTS AND MARKERS ARE MARANA AREA PLAN AND THE GLADDEN FARMS DE9GN STANDARDS AS YIELI. AS TUCSON, ARIZONA BS711 SHOWN CORRECRY DESCRIBED. I FURTHER CERTFY ROBERT E, LEIX THE TOWN OF MARANA LAND DEVELOPMENT CODE. (520) 147-0997 1HAT 7HI9 PUT WAS PREPARED UNDER MY DIRECTbN. RLS 19833 19. POTENTIAL BUYERS ARE ADVISED THAT A REGONAL SEWER STUDY PERFORMED BY PIMA CWNtt WASTEWATER MANAGEMENT RECOMMENDS THE LOCATON OF A ~ UT81tt DIRECTOR TONM OF MARANA DATE FUTURE REGIONAL WASTEWATER TREATMENT PUNT AT AN UNDETERMNED CERTFICATION OF ENQA~EERN(3 LOCATON SWTH OF TANGER9IE FARMS ROAD AND EAST OF THIS PROJECT. ~( , ~ 0 20. HOMES THAT ARE TO ~ PLACED NN THE 100-YEAR FLOOD LONE Nil1 REQINRE ~ I•-. 4~ I HEREBY CER76Y THAT THE FLOOD PRONE LA,ITS rep ~ A FLOODPLAIN USE PERMIi FROM THE TOWN OF MARANA AND THE HOLM ONIMR ~ STATE ~ ARRONA FEE u+o/~+ ER090N HAZARD SETBACKS `9i01W1 ON TF9S „ ~Y ? MAY FM SUBJECT TO FL000 INSURANCE UNTI. THE FEMA MAP IS REVI~D TO ~ PUT WERE PREPARED BY ME OR UNDER MY SUPERNSKId. .23. REFLECT THE ACCEPTANCE OF THE LEVEE, CONSIRLICTED ALONG THE SANTA CRUZ RIVER. THIS PROPOSED SUBDINSAN IS LOCATED PARTIALLY IN THE FEDERAL. COUNTY OF PIMA ~ NO. *~ "•'*~ EMERGENCY MANALMMEFIT AGENCY (FEMA) REWUIED FLOODWAY AND PARRALLY IN A FLOODPLAIN (2018: AE), UNlil THE LETTER OF MAP REVLgON (LOMB) THIS 91STRUMENT WAS FlLED FOR RECORD AT THE IIEQUEST OFrERAL NOTES CONTA~WED REWEST HAS BEEN ACCEPTED BY FEMA AND A REVISED MAP HAS BEEN SUBMI OF OPW ENGNIEERMG, LLC, ON TITS _ DAY OF TO THE TOWN OF MARANA, THE AC11N11ES THAT TAKE PUCE IN THE PROPOSED sv.E. 2004 AT M IN BOOK OF MAPS AND PUTS 27. ANY DWELLANG OVER 3,640 SQUARE FEET UNDER ROOF, HAVING UNITED ACCESS OVER 150 FEET, OR AREA SHALL GO 7HRWGH THE TOWN OF MARANA FLOODPUIN PERMITTING PROCESS. F. ANN RODRIGUEZ, P9AA COUNTY RECORDER BY DEPUtt as~ANCEs ASSURANCES M THE FORM OF A TI#RD PARTY:TRIIST AGREEMENT, TRUST N0. 80082 FROM FIDEIJTY NATONAL R1LE AGENCY, INC., AN ARI20NA CORPGIARON, AS RECORDED M DOCKET _~ PAGE . HAS BEEN FRONDED TO WARANiEE DRANAGE AND STREET NIPROVEMENTS (INLXJIDING MOPIIAiENTS) AND URUTY 61PROVEMENiS (ELECTRIC, iELEPHCFM, GAS, SEWER ANp WATER) IN 1HIS SUBDINSKX4. TOWN. OF MARANA DALE m: 28. PER TIM TOWN OF MARANA LAND DEVELOPMENT CODE, BECKON 0S03.D21.2, THE M9NNAUM AREA TO ONE ANOTHER 7HROUGHWT 1HE SUBgNSION ~ NO MORE THAN 50X OF PCZ-99109 FOR PRIVATE, COMMON ON-SIZE RECREATON AREAS 9NALL BE, SINGLE FAMILY RESIDENRAL - t8S THE TOTAL iAJMBER OF HOMES WITHIN THE SUBDINSON YALL BE TWO-STORY, PF2V-0109 S0. FU PER UNIT. TITS PROJECT WILL REWIRE 2S 865 S0. FT. OF DENSOPEO RECREARONAL AREA NO TWO-STORY HOIAES HILL BE ALLOWED ON CORNER LOTS OR AS SRPUUIED TOWN Ol° MARANA CASE N0. PRV-03043P 29. PER 1HE DEVELOPMENT AfXiEEMEFIT 2.5.1.2 PARK I~R;)VFaIENT L~NTRIBURON. DEV].OPER SHALL PAY BY A CHANCE OF TFM LAND DEVELOPMENT CODE, BETW~1 NOW-AND 1HE TIME A;100 PER UNIT CON7RBURON FOR 1HE PARK IMPROVEMENTS, PAYABLE UPON THE RELEASE OF THE OF BUILDING PERMITS, AS APPROVED BY THE TOWN CWNCN.. ASSIGMiCES OR ISSUANCE OF SUBSRTUIE ASSURANCES POSTED TO ASSU~ COMPLE110N ~ THE 22, NO TWO MODELS WITH 1HE SAME ELEVATION SHALL BE PERMITTED ADJACENT TO F1dAL PLAT ~ ~, ~. WIPROVEMpiTS ~T FORTH ON 1HE FIIAL PUT FOR EACH DEVELOPMENT BLOCK DEL6lEATED ON 7HE OF HOMES FOR THAT BLOCK PRELIdNARY BLOq( PUT IN AN AMWUNT EWAL 10 THE NUMBER ONE ANOTHER 1HROUGHWT THE SUBDIVSION. ' 1 A ~~ , ~/~, I ~+ :_.:.' ' ~ . . ~. A TO LOCATE DRIVEWAYS AWAY FROM PEDESTRIAN 1RNL ACCESS, THE DRIVEWAYS oN THE FOLLO1NNC 23. NO TWO HOMES OF 1HE SAME COLOR SCHEME SHAlI BE PERMITTED ADJACENT TO ONE ANOTFMR THROUGHOUT 1HE SUBDIVSION. 24. IT IS HEREBY ACKNOwLEDCEO 1HAT MANY, IF NOT ALl THE PUBLIC s1REETS.AND F ifylC 'VIVVI ) AT GLALODEN FAIRMS LOTS SHALL BE LOCATED ON iHE.LOT AS WDICATED: C OTHER AREAS WITHIN 7HE PROJECT ARE PART .OF iFM PUBLIC RK#LT-OF-WAY. LOTS I Ti•ROIJda 129 ANL> COMVpN AREAS ATION LQj,y~g DRIVEWAY I.OCAlION LOT NUMBER DRIVEWAY LO 55 NORTH -SAE 102 WEST SIDE IT IS FURTHER ACKNOWLEDGED THAT THE PRIVATE COVENANTS, CONDIRONS AND 'A' ®RANA6E, TRAL ACCNSS 74 EAST SAE 103 EAST SAE RESTINCRONS RECORDED AGAINST THE PROJECT OR THAT MAY BE RECORDED AM ~'~ F ~ 75 WEST SIDE 121 EAST SAE AGAINST ALL OR SOME PORRON OF THE PROJECT ARE ENFORCEABLE AGAINST ALL OWI~MRS AND RESDENtTS OF THE PROJECT EVEN WHEN SUCH PRIVATE AND LAADSCAPIJ~ 88 EAST S~ 122 NEST 9DE COVENANTS, CONG7X)NS AND RESTRICRONS MODIFY, RESTRICT OR OTHERYA~ BENG A RESI,EDNIS10N10E: EILQCK 5 OF 87 SW1H SIDE ALTER THE USE OF THESE PUBLIC STREETS t~I.ADDEN FARMS BI.OCr~S k25 AND A•P B. TO AVOID THE.MEDIAN, 7IM DRNEYIAY FOR LOT 54 SHALL !N: LOCATED AT THE 7HE NORTH SIDE 25. THE APPLICANT SHALL PRONDE THE FENCE RETURNS ON THE INTERIOR SIDE REi~RD~ N BOOK 55, PAGE 60 OF M9' OF 1HE LOT. YARDS TOWARDS 7IM REAR OF THE LOT AND INSTALL ADDIBONAL LANDSCAPING, SE'C. ~~ T I,I S, R I I E, GF,SR~ PMA COI~ttY, AZ C. DRIVEWAYS FOR LOTS 1 AND 95 SHALL BE IOCAtED AT THE NORTH SIDE OF hIE LOT. TOWN OF MARANA MNNICIPAL WATER SYSTEM W0.1 ~ THE WATER PROVIDER A POTABLE AID NON- 31 AS ACCEPTED BY iFM PLANNING DIRECTOR, BETWEEN THE STiMET AND THE ~~ RETURN OPW ENGINEERING L L C . POTABLE WATER SYSTEM wILL ~ INSTALIED BY THE HOME BuLDER AND/aR DEVELOPER PER 1HE . ~• PUT MUST FOLLOW THE MARANA LAND DEVELOPMENT CODE, iITIE 5, BECKON , , . . ENGINEERING SURVEYING PLANNING WATER SERVICE AGREEMENT IN EFFECT AND AGREEMENT TO CONSTRUCT FACIIRES UNDER PRVATE CONTRACT WITHIN 1HE SUBgV510N AS NEEDED 05.10.12.G, PROPERtt DEVELOPMENT STANDARDS -GENERALLY, AS AMENDED BY TROD C.Tuqu~ VrM ~ /31 , 32. ANY U7ILIRES THAT MAY HAVE TO BE IMPROVED OR RELOCATED AS A RESIA.T OF THIS DEV130PAMNT 7HE MARANA TOWN CWNGL DN MAY 20, 2003. Tuaon. Aidana Nsns (s2o) 2Q0-~44 N6J. 6E DONE SO AT NO EXPENSE TO 1HE TOWN OF MARANA, PIMA COUNTY, OR CORTARO MARANA 9Hwt 1 of J IRRIGATIGN GSTRICT. GENERAL NOTES CONTINUED -SEE LEFT OPW Jah Na 02047-106 nnnv nAnr _.. .. _ BooK PArF • • • BLOac 10 GLADDEN (ARMS BK. 55, PG. S0, MdcP ,•~~" ~ SEE SHEET 3 FOR LINE .AND CURVE DATA ' I j rf D. N~ "~O ^~~~ UZ1j I aan.~ ~ mgn 1 csY ~~ m ~ 1 t ' f~ ~ o pp~ i ~f b ~~ M n d Z es nr,N 09T>6 28" € Q` N ,~ $~ " 95 ~ h~ z' n ~; ~~ ~` ~ \ .ai ~ N ~ 42.0~~ •. N u• ~I ' i~ BLOCK 4 F.E.M.A. FLOODPLABV LINE PER GLADDEN FARMS ~, F.I.R.M./ 04019WB9oK BK. 55, PG. 60, MdcP ,.<} DATED FEB. 8, 199A (R-8) titi COMMON AREA "A" 4,284 SOFT. J•.oJ q~.w ro.w i I 2Y 21' ~ i oU.W v 1Z~.tll y, 1 r~~ 93 ~8 ~ I.. ~ I ~ $ '8.W ~~. ~ ~ry ~ ~1 2 ~ ~ '~ tV !~ S N < C 90 < G z I I ~ Q; ' I I ~ ~Np N 'I ~ J ~`'^N(r~ /~ rp'2. N ~~~.. iV nNW~ O'W'~ ' j ~~ µ~ fG = ~~~~',t7 ,~0 L-~ ~ 4~ L-»a f I S.V.E. b A ? '3J ~ . ~; _ 2 2 91 n p m SV.E. ' ). N ' L-21.68' ~ AGO'-- ~ L~21.83' ~~ v~ I 4282' - ---- --- - ~ U~ \V.E - -~ ~ 7.~, l»83.78~ - --55.00'- --- -5~ 4 rv°~ ~'" Lm79.46' I ~•9-4~I FALLEN FENCE LANE cs3 s• c,~~ R'a00.00' s.v.E NORTH _ 159.25' " 130.79' ~a' /~ de9'OB'28" 28.25 NORTH S.vE 281.79';, N45'1T28"W "\~i1~ ~"- -_ 5279' (PUBIC) 2933' -~ P. rnl 1 ~ ~ ' 9,260 aq. R w ~ 2 ~i av ~ 2 93. Npg'OB'26 111461' 6279' N/~~"E (R) 55.7 9 v4: 10 ~ ~ ~,. 15,898 eq. ft. W "•~~ ~~~ N°~ra`E ~~ '~ ' ~ ~ m .. I$ ~~. ~2 *~ \ J I ri 8,082 aq. ft. N~~„ E ~ `' 12 ~ B o ,ODB aq. rt. g ~ I g ;~ N ~~~ E I ' "~ V 115,00' 13 I 8,434 aq, ft. N 07gp~" E (R , naoo' ~ I ~ C m g 8,434 p. ft. O~ a N 08'1745' E (R) a ~ 115.00' ' ' ~ ~ 15 I Wmo~. 8,434 4W ft. I Wlrcu.. N 05'14'08" E (R) I D e 113.00' 13~ 18 I C9~ 8,434 eq, ft I I ~ ( ~ II N 04'17'32" E (R) 115.00' I 2 ~ 17 ~'lll I , &434 aq. It lil I N 03'20'55' E fRl I19 HS.d ~ u +s 18 - ?27p_ --- _ ~~T5.9D ~ ~- - ~ St 1` ~ ~~ ~+ ~ °' v a .I ' ~ ~ I n ~M4 J~~h$, N iI 21' 21' g a ~ B t ~ m = ~ z I T2,78' -ii W 55,7p' N~2'11"E NORTH II `°~,~ ~,~. Bo.oo' ; I M U ~ ~ ~ ~ ~ m N ~ ~ ' n~ Vii' 5s.oo' - --s5:oo' - 3s.oo~d N 51'E DESERT FARM LAND ~ WAY ~ PUBLIC) ~ NORTH ( 255.24' " W L1' N.A.E. ri E~ 8 40 " g7-5~ ~ ~ m 7,119 aq. ft. ~ ,:W ~ ~ ~ ~li J~ W » NaRTH I .., .. 21' 21' I 128.59' m°II' mll 34 ;, 7,279 aq. tL ~~i No3' N~TM(R) Z i 2r 2r 126.79' I ~ 33 ~ ~ I SEE SHEET 3 1 " 29.55' r 46 --- ...--eB.Od= ~ ~ =- _ X533'=-= _ - ~ ~ `1' N.0.E. `~t H 2 Ali ~ 8,578 aq. ft ~ & 8,598 eq. ft. ~ N ~ I NORTH NORTH I" I 110.00' II_ /~ 110.82' I II ~i v 97 ~'I 6,168 aq. ft. N ~ ~ ~ 128 i$ 6,238 aq. ft. II~ I I NORTH NORTH I i1D.00' 2 111.19' ~I 1 I ~ l 8 p ~ n 1 s7 l 8,16 i . it II ~ 6,27 1 q, ft. id ~ ' NDRTN I NDRTN I i 110.D0' 111.78' t ~iil 6,188 aq. ft. ~ ~ l 8,3032eq. ft. II~ ) ( NOR1H NDRTH 110.00' 11234' I N I 6 18800 ft ~ ~ 2 II 335 a 8 R , . . III ~ q. . . ~~ NOR7H NORTH I I 110.00' W 112.91' I 8;1 101 n $ 124 I;~ 8.238 aW ft. ~ ~ 8,318 aq. ft. iil~ I NORTH z NORiH I ~ 4.88'111.74' ; 111.74' I ' of 102 KI I ~ 0 8, F, 316 aq, R. 223 L=29.89 t ~I N0995_ _~3"E ~) ~ ~'L 24(61' I '~ L~14. _ __--NORM_____Z 1 23 NORTH I msT N05'52'08'E (R) I N I nt6>' N03'43'02"E (R) ~ h ~ I ~ 2 ~ ~ >p, ft. I' 62b ' ' " 1D ~ I N08 12 22 W (R) I ~~ "~~ (R, ' 1- --- ---- 112.39' N1+jS1 N. i A.E La24.40' C.A. »~ N13'21'54"W (R) 25,244 aq, ft. 1' N.AE. L~32.74' ~ 1S NORTH ---- --- - r~ 1i 233~ ~ 4 N05'10'22"E (R) II•N ~ 121 ~` 6.355 tq. ft. II NOBOb~41"E (R) ao I NOB'S8'40"E (R) III NGBFTH z I NORiH ,ILJ! L-3os2' 103 O 8,217 a4 ft F 1 NORTH s nosy 104 ~ ~r i zt' m' N U m. a y`~- ~ W V7 ~ 8 z D m ~, ~. L1 11,228 eq. it. 88.13' LB 8,383 eq. ft. V 00'34'57' W naoo' 84 8,050 aq. f1. v 00'34'57" w 110.00' 1 83 8,~0 aq. ft. u ao'34'S7' w I' g 82 `~ ~i NII 8,050 84 ft. I(~ I<Y I N 00'34'57' W 110.00' I II III 8050 aq, ft. t 2 z ~00'34'S7" W 110.00' I) $I 80 ~I~ 8,050 aq, ft. 3.55' 79 8,148 p, ft. L~15.OD' N 00'34'57' W 115~OY N05'09'78 (R) 8,357 aq. ft. L~1Vi92' ~ 6,045 aq. ft. W N 00'34'57' W o `N05'27'S0'W (R) {~ 76 m 6,000 aq. ft. z .- NOB ~3'07'E (R) N 00'34'5Y w III.J/ I L»iJ.04' I 21, I 120 ~17 3 z1' ~,i~--C 8,258 eq. ft. 1 ~I'7 h b ~~' NORTH I R ~ "' N ~~ 110.81' = m 20.51' 119 ~ , NDD'sa SEE SHEET 3 ~ ~ --8,113 aq. ft. n7.19' D'34'ST W ~ COMMON AREA "A" 20.00' ~'~ ~' YW 121.73' 74 PRY-03045E I W I I ~ I FOUND 1/2" I.P. I No TAG N.&COIWER I SECTKNV 34 • ,,~,;- k ~ ~aa~ FWAI. PLAT HARVEST MOON AT GLADDEN FARMS LOTS I TFROU6H 129 AW COMNON AREAS "A' VORANC,6E, TRAL ACCESS A~D:LAND ~PN6)~ TIpN BEN6 A RESUBDMSION OF BLOCK 6 OF 6LAADF]d FARMS BLOCKS F15 AND Af RECORC~ N BOOK 55 PAGE 6O OF M~ sEC. sa. r I 1 s, R I I ~ 66sReM, PIMA COl1~ITT, AZ. OPW ENGINEERING, L.L.C. ENgNEERING SURVEYING PLANNING 7000 E. Tangw YaMa Read /37 llwaon, ArRal• 65718 (820) 2iB-~44 s n «c t o t s oPw sae Na. ozo47-106 I ~ 2,~7 2i' I I I - B5 I I I I I s5' _ N0034'S5"W 125.00' W I I FOUND BRASS CAPPED ( SURVEY MONUMENT I Nw. 1/4 CORNER SECTKRV 34 NORTH SCALE: 1" =40' W z 1a' `---~- FWNO 1/2" I.P. NO TAG I N. 1/4 coR-~R I SEC110N 34 3 I N I - U 0] 3d D O W K °o 95 R/W BY I GLADDEN FARMS BK. 55, PC. B0, MRP I I I 95'--~ ~~ N09'53'33"E (R) o ee ~ ~uaexa' 1 • • • I~nnK poc~ I i IW , I~~,m n° Q it a w I~~~~ I h.Y~~~' d I ym~'n ~~ IG~ ~QO~ ~ c3~ 8 Vwa~ I rn 0 I? ~ I mgN I ~ I 4e' m i I I I i I ) I I I ~, I ~ I I I , I ( i ---~ ~ I ~~ I C Y~tp~ l owa i j ma° ~i ~~ I 17 N 03'20$5" E (R) u°> 115.00`- ~ -1't" 18 8 434 ft ~ I R , a¢ . ~~ I G N 02'2499' E {R) iJ ~' 11s.o0' ;' 8,434 Ip. ft. ~!u2 J N 01'27'42" E (R} IIJ I 0 115.00' ~ ~ 20 Ii$ 8,434 >r4 ft. Ii~ x N.0091'05' E (R) IjJ ~ 115.00' ~ L~31:24' L~30.20' ~ 21 ,g 8,385 sG ft. I~2 45' ~ naw a 22 _ ~ 6,325 sa ft. NgtTH 11soo' 8,325 e4 k. NORTH r7 115.00' ~ 24 8,325 aq. ft. '8,832'4 ft. _BS.O~__ N I N W ~ ~i ~ W N tt, p. ft. 1' N.AE. ~ - -- ~ N ~ d ~ ~ ~ c F 55~~a 56~~$ 57~~$ 58~~~ 59~Wa 60~~$ 61~ 0 m of m `° m to m r 1' N.A.E. Ni AREA "A` S0.FT. BLOCK F GLADDEN FARMS BK. 55, PG. 60, M&P (R-144) _55_.00' -- •-- sD_oo_ _ ~ R~60 p° ~'~ 66 . _ x,9,452 eq. tL ~ M~~f Y 't' Mt p J ~ ~t 62 $~ x~ ~° N ~• ~ ~'~ J "J r~ R 63 = S ~ rR = ~ ~~ 65 1 m g i 64 °' 9,424 eq. k. 8,883 a4 ft, SS00_-- --8D.00' __ ,._85.40___°--_°----L4L1]'_------ 646.11' Y I CURVE TABLE CURVE TABLE CURVE TABLE m ClglVE LENGTH RADRiS TANGENT DELTA CIIRYE LENGTH RADRlS TANOEHT DELTA CUR4E IENWH RADRIS TANGENT DELTA Ly 3348' 200.00' 18.78' 99533' C11 39.27' 25.00' 25.00' 90'00'00' C21 39.52' 25.00' 25.28' 9094'57 C2 33.17' ' 200.00' 18.81' 990'06' Ct2 39.27 25.00' 25.00' 90'00'00' C22 131.85' 80,00' 117.53' 12534'34' C3 37.13' 28.00' 2295' ~iro598' C13 35.25' 25,OD' 21,27' 80'47'02' C31 20.14' 50.00' 10.21' 23ro4'28' C4 40.47' 25.00' 28.27 92'45'09' C4 121.88 80,00' 96.72' 118'22'17 C32 118.30' 50,00' 12242' 13593'55' lON ADAMS ROAD ' ~ 36,4e' ' 25.00' ' 24.28 ' 88'08'12' ' ' Ct5 39.27 25.00' 25.00' ' 90'00'00' ' ' C33 20.14' 50,00' 10.21' 23'04'26' C8 38.27 ?5.00 25.00 90'00 00 Ci8 39.27 25.OG 25.OD 90'00 00 C34 19.93' 50.00' 10.10' 22"50'21' BK. 55, PG. 60, MdIiP- 15~ . 39.27 25.OD' 25.00' 90'00'00' Ct7 39.27 25.00' 25.00' 90'00'00' C35 110.83' 50,00' 100.29' 127'00'08` (PUBLC) C8 39.27' 25.00' 25.00' 90'00'00' CI8 39.27' 25.00' 25.00' 90'00'00' C38 20.14' 50.00' 10.21' 23'04'28' C9 39.OY 25.00' 24.75 89'25'03" C19 39.27 25.00' 25.00' 90'00'00' C37 20,14' 50.00' 10.21' 23'04'28' C10 1333Y 80.00' 121:17 127'1854' a0 39.27 25.OD' 25.00' 9Groo'oo' C38 119.32' 50.00' 128.06' 138.43'49' C38 20.14' 50.00' 10.21' 23'04'28' 95---I I I I FOUND 1/2' I.P. I I N. 1/4 CORNER I I SEC'OON 34 I ( { I i - I NORTH I I SCALE: 1` =40' n I ( ~ ~ I .. - I I I m n I ~ I I v ~~ I W to I o I ~ NNI ~ I ~'~I _ I c ~~gl o ~ ~ ,~~&~ m rn 130' 30' I I i Z I W I W f ~' I o I ~ I I Z I ~ I I Z I I I I I i I I I I I I 95' R/W 8Y I m I GLADDEN FARMS BK. 55, PC. 60, M&P I ~ ~ I I M I f ~ I: I = `i I I i i ~I r~ ~4 r~ a '§~ ~~~ ~,O kk FOUL t/2' I,P, i I NO TAG I N.ECORNER ~ SECININ 34 ~ NORTH 1018.60' 1~y~ ~ ~ ~~U~ LON ADAMS ROAD m AVa.PLAT BK. 55, PG. 60, Md~ E (PUBLIC) ~yQ~s'~' ~~ AT GLADDEN FARMS UNE TABLE LOTS I ~ tN1E L1 LZ l3 L4 L5 L8 EIEARRIG N 01'50'33' E NOT N 67roe95" w N 70'08'50" E N 17'37'48` E N 35'15'56' W LENGTH 80.82' USED 10.01' 10.12' 10.08 24.18' . ~~~ TRAL ACC~ p~ L.AI~DSCAPE4C,7 AND 18 Q25CRE~4T10N AND ~ ~,~ A ~ OF BOCK b OF q,Appg~ FARMS ROCKS F25 AAD Af N BOOK 55 pp~ ~ OF MEP SEC, 34, T i I S, R I I ~ G'ESRBM( PMA COINTY, AZ OPW ENGINEERING, L.L.C. ENGINEERING SURVEYING PLANNING O 7000 E Tmgw VIi4~ Road 837 . ~ Tuaon, ArAane 85718 (lY~).298-~44 SMk 3 of S PRV-03045E arrr Joe Na o2o4~-toe onnu 21' 2t' W ~z N U t SEE SHEET 2 f ~ 34 ~ I NOS'29''SB'E (R) NORTH I 128:23' ~, 2 33 ~tl 7,093 •4 k 32 8,850 •4 k. - N0190'39'E (R) NORTH 118.25' 31 8,b52 eq• k. - N0091'29'E (R) NORTH 11251' L•3o,21' 6,~8 aq. 1L NoeTH 118.88' Y, :,8,922 eq. ft. 28 7,275 eq. ft. 45 t st• ( r' 103 s t ( 26.23' t j (I , NORTH I 110.81' 8 N j ~ //~~ ,~ + `a °j ~ 8,9 7 eq. k. \~ ~ ~ 104 (I %I( 8,237 q. 1L .NORTH r W r~ 119.87' ^ rt ~ 3 ' N ~ NORTH 110.94' + ~ ~ fit' m " 6 63a 7 n ° ~ ~ m~ 105 , . Q' (~' ( ~ ,~ ~( 6,244 eQ, k. NORTH. s r J 2 ~ t( ~ t 114.08' 18 56' ~ NONTH , ' r 111.08' ; ~ SEE SHEET 2 f~ ( 120 ~ U ~ ( ' ' ( h a ~' 75 NOR1H 110 81' ~ (- ------°- . I C? o ~ i 119 m t J',~ I N 0094'57 W 121 73' 8,237 aq. k. N (0 r( 1 1 . 1 3 ~r( 7 442 ft NORTH 2 • , Ip. . 110.94' (t m ~ j~ N 00'34'57" W ~ 116 ~~ '~ 134.90' e,z44 ~, ft. t (I~ z ~( 73 NORTH r ~( ~ 7,763 p. ft 111.08' zl• t L=5.45' ~ ~ I• ~ 119.59' ~, . 1.57 ~I• N 0094'5Y W 4 .29' 8 367 q. fL ~~~ ~ ~ ' 1 $ , N00"31'27E (R) ~ li~ W S 1 t ~II 8,388 k. 6,222 aq. ft. I~uf ~ ,~ i ' ~~ r ~ ' ~ Nt I E N10'15'16 (R) NORTH 112.51' ~ N NO NOR N~ (R) ' ~ N03 2~hW (R) I ~ ~ ~ ri' jjl 8,21J aq. k. N0992'31"W (R) r ~ ~ i 11279 Z 112.79' ~ i N 0094' W 49 6,337 ~ ft. i~ Il• ~~a ~~ i 107 6 542 k ~, ~, 116 lire 6 177 k 'l 4 1 ~ rtt r t~ 148.19' N15'25'30"W (R) ~~ w ~ ~ 1 , . •P + ~, , p. . ip ' ' m Sl 71 NORTH ' N2194 (R) m N19 H (R) t N R $ ~~ 7.721 sq. k, a 113.55' ~ ~°' ' i ' ` L , 50 L~38.3Y 116.29 ~~ 1=13.17 Z 109.63 t ~ 115 L~28.48 N 00'34'57" W ' N289739"W (R) ~ ~ ~ 108 ~~t ~ a,y ~ iy N27'49'18"W (R) ~ ~ ~~, 128.11 i ~ ~ N25'42'28"W (R) 8,870 s4 NORTH~ ,~ ~ A $' m" 8.472 aq. ft. L~32.65 ~w ~ N129J'00'W (R) ' ~ q i? a ~,~11 8,582 aq. k. ..._ . ,.., `,~, w b 1•il ~ N1ero7'4o"w (R)te ~~~ 51 ~ m ~ u, 109 g t W m ~ ~ 112,38' 7,498 eq. ft. 8.87 Itw g W I 10.98''224 aq, k. `~ ~ 8,87914 ~ IPA " c I Le30.89' 69 NORTH m 13,43' . I 8,074 s4 ft. r i31.29' 21' zt' NORTH NORTH 2t' 2P ~I ~ ~ 114.89' 114.89' N~ N 0094'57" W W 52 ~n ?iI n't (I~ i'~~~~ 110.00' (~ • mt 110 N n 113 (gym ~I--Q 7,451 eQ. k. (in o ~i~I 8,519 >p. ft. ~ ~ 8.515 eq. ft, i~ ry ~i 66 ~ NORTH ~ + II z ~ N ~~~ ,~ 8.180 sq. ft. ~ 1 NORTH NatTH ~ ~ 2 131.29' ~I~$ Y ~ ~ 1 ~ 115.17 115.17 L~ yW,~ i N 00'34'57 W 53 ij g i a > o ~jI 111 ~ g 112 ~j ~ 6 ~ t 11 N2839'23"W (R) 8,400 •4 ft. ~~ ~~ n~ ~ 8,897 eq. ft. „, ;tt m 8,902 eq. fL ~I ~ m 67 M N_A.E-- -~ J191 N 1 ~ - 1 ~ i' N.A.E ~~ ~ 6,888 p. ft a \ -- =~--90.x'_=__= Cd' = t L=29.19' 0.83 S.Y.E RODEO LAND AVENUE (PUBUCy - ~ N44'42'32'E ~ ' N 0094'57" W 258.59'_ _ 273.18' " 29.85' ~~ r L5 93.24' NORTH 531.77 . !r --. fl " "~ 27 m ~ ~,il 8,922roq. k. ~ v -~ NORTH ~, ~, ~I 131.29' 1 ~ ' W~ 26 ~9 i NJ i 7,275 Iw. ft. ~ ~ ~ ` SV.E oe'-- _ M lV 11AAP tOWN Op TOWN COUNCIL MEETING TOWN OF MARANA q AN ; INFORMATION , , ~RtZON~ MEETING DATE: Apri16, 2004 AGENDA ITEM: IX. B.1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: PUBLIC HEARING -Resolution No. 2004-38: Relating to Subdivisions; Approving the Continental Reserve Block 16A Preliminary Plat. DISCUSSION The project site is located south of Pirna Reserve Drive and southeast of Continental .Reserve Loop Road,.in the Pima Farms.Specific Plan. It is in the second phase of the Continental Reserve development. The south property line of the subdivision abuts existing low-density residential uses. The Specific Plan calls fora 75-foot setback from existing properties. On both the east and west sides of the subdivision there is a natural resource easement. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan.. That density allows for minimum lot sizes of 4,000 square feet, however the minimum. lot size in this project is 6,901 square feeton lot number 16, .and the maximum is 14,885 at lot number 38. The average lot size is 8,149 square feet.. The required set-backs for MDR are 20' front, 5' side, and 10' rear. The density of this project is approximately 3 residences per acre. There. will be a 75' set-back on the south border of the property. Lots 11 through 14 are adjacent to Continental Reserve Loop Road and will be restricted to single story homes. Common area, including open space, drainage and utilities, is provided in the amount of 7.82 acres. All lots in the approximately lower one-third of the project are subject to the requirements of the Development Sensitive Overlay as described in the Pima Farms Specific Plan. Ingress and egress. will be provided to the project by two streets entering from Pima Reserve Drive.: On-site circulation is achieved with five cul-de-sacs and four connector streets. The street section shows the street widths at 42', with 14' travel lanes, 2' curbs, and. 5' sidewalks. The Plat is subject to the Marana South Transportation Benefit Area impact. fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, the Continental Reserve .Block Plat, .and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. BLU Continental Reserve Block 16A PP.doc FJC :KK 3/30/04 RECOMMENDATION Planning Staff recommends adoption of Resolution No. 2004-38, Continental Reserve Block 16A Preliminary Plat. SUGGESTED MOTION I move to approve Resolution No. 2004-38. BLU Continental Reserve Block 16A PP.doc -2- FJC:KK 3/30/04 • MARANA RESOLUTION N0.2004-38 RELATING TO SUBDIVISIONS; APPROVING THE CONTINENTAL RESERVE BLOCK 16A PRELINIINARY PLAT. WHEREAS, on May 30, 1989, the Town Council adopted Ordinance 89.21, establishing the Pima Farms Specific Plan; and WHEREAS, on February 15, 2000, the Town Council approved Resolution No. 2000-19 establishing the Continental Reserve Block Plat within the Pima Farms Specific Plan; and WHEREAS, on July 15, 2003, the Town Council approved Resolution No.2003-83 approving the lot split of Block 16 of the Continental Reserve Block Plat; and WHEREAS, Diamond Ventures, Inc., is the owner of Continental Reserve Block 16A; and WHEREAS, Diamond Ventures, Inc., and Pulte Homes have applied for approval of a Preliminary Plat for 111 single family detached homes on 34.75 acres, comprising Block 16A, and including lots 1 through 111, and common area "A"; and WHEREAS, the Planning Commission, at their regular meeting on March 31, 2004, voted unanimously to recommend approval of the Continental Reserve Block 16A Preliminary Plat to the Town Council; and WHEREAS, the Town Council, at their regular meeting on April 6, 2004 has determined that the Continental Reserve Block 16A Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f RSO 040406 Continental Reserve Block 16A pp.doc FJC:KK 3/30/04 Marana, Arizona, that the Continental Reserve Block 16A Preliminary Plat, an 111-lot residential subdivision within the Continental Reserve Block Plat and generally located south of Pima Reserve .Drive and southeast of Continental Reserve Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of Apri12004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: _ __ __ Frank Cassidy, Town Attorney • RSO 040406 Continental Reserve Block 16A pp.doc 2 FJC:KK 3/30/04 .,-, / ~ _ •-- ^.~~ TOWN OF NIARANA ..-. __,, MARANA Planning and Zoning Department `1,~,~/ ~ ~ 3696 W. Orange Grove Road ~ Tucson, AZ 85741 ~titi~ .~d~. (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION i_ TYPE OF APPLICATION (Check One) ~ Pre'iiminary Plat o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit o Development Plan o Rezone o Other o Landscape Plan o Significant Land Use Change o Native Plant Permit 2. GENERAL DATA REQUII2ED Assessor's Parcel General Plan Designation Master Planning Number(s) 221-21-1280 (To be confirmed by staff) Area Gross Area (_~cre/Sq. Ft.) Current Zoning Pima Farms 34.75 ac (1,513,710s.f.) (To be confirmed by staff) Specific Plan (MD Development' Proposed Zoning Project Name Continental Reserve Block 16A Same Project Location Sections 28 & 33 T-12-S, R-12-E Description of Project gingle Family Detached Homes Properti-Owner Diamond Ventures, Inc. Street Address City State 2200 E. River Road, Suite 115 Tucson AZ Zip Code Phone Number Fax Number E-Mail Address i 85718 577-0200 299-5602 Contact Person Phone Number Mark Weinberg 577-0200 Applicant Pulte Home Cor oration Street Address City state 6893 N. Oracle Road, Suite 121 Tucson AZ Zip Code Phone Number Fax Number E-Mail Address 85704 229-6000 229-6001 Contact Person Phone Number Paula Meade 229-6000 Agent/Representative MMLA, Inc. Street Address City State 800 E. Wetmore Road, Suite 110 Tucson AZ Zip Code Phone Number Fax Number E-Mail Address 85719 292-2300 292-1290 pdavis@mmla.com Contact Person Marana Business License No. Pattie Davis 3. AUTHO.RIZATIUN OF PROPERTY OWNER .;; I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the o er to file this application. (If not owner of record, attach car' en authorization from the caner.) 9 ~ ~~ Q 3 `~ el~4.c ~ ~ - . . _ .~ _ e e s ~r c,e ~ ~c.~ Print Name of App cant/Agent Signature Dat ICE USE ONLY OR OFF F // n p Case No. PRA ' ~3i~gp Date Received Q .~.~/Q Receipt No. DC- I ~~ CRW No. PR.y 03Qc~_ Received By~ ~_ _a(,(>Uh~ Fee Amount ~ ~~~~~ os ~vo~ u__..__..t~ -. ® C.. .. =~.r, s ~~ ~ ~~ / ~~_ iV ~ ;~_ ~ /: s~~ TOWN OF MARANA Continental Reserve Block 16A Request for approval of a 111-lot single-family subdivision .within Block 16A of the Continental Reserve Final Block Plat • • GENERAL NOTES 1 .THE GROSS AREA OF THE DEVELOPMENT is 34.75 ACRES, (L513,737.6 SF). SECTION TIE CURVE TABLE 2 . THE.EXISTiNG ZONING IS SPECIFIC PLAN (MEDIUM DENSITY RES10ENnAL (MDR)) PER THE PIMA FARMS SPECIFIC FgAN. 3. THE MIMBER OF SINGfF FAMILY DETACHED RES1DENnAL LOTS IS 111. 4. GROSS DENSITY IS 3.19 RAC (111 1015/34.75=3.t9 RAC). 5. TOTAL MILES OF NEW PUBLIC STRID:TS IS 1.05, (5540 lf). 6. MINIMUM AL10WA8LE LOT SIZE FOR THIS DEVELGPMENT PER P[MA FARMS ~'EC[fIC PLAN TS 4000 S.F. AONAL M[N. LOT SIB IS 6,901 SP" ACTUAL AVFRAi£ LOT SIZE IS QT49 S.F, AND ACTUAL MAK LOT SIZE IS 14,306 SF: ` 7. MAXIMUM ALLOWABLE BIILAING HEIGHT IS 34'. {MAXIMUM BU[tOING HEIQiT iN DLtiF10PMENT SEF1SinYE OVERLAY=247.;: ~ „^",r ",~„~„ ^vivTllvU VTAi ~v II~vL~r & BUILDING SETBAt2((S PER PIMA FARMS SPECIFIC PLAN {FRONT YAi~ SE18Aq(S WTtt VARY, W[iH NO MORE THAN 7MD I ~ ~ ~ RE:~yE t~ ADJACENT UNITS HAVING THE SAME SETBACK. T}E MiN ONT YARD SETBACK VARIATION BEiW'EE14 UNITS IS 1MREE [3] FEEL) I Pr~rSCR'1E ~ ~ P ,. 1.} FRONT YARD SE18AgC - 20' 2. REAR YARD SETDACK - 10' iI~"'vPrA~4^~~ Cad^c• ^ ~ ~muRl 3. SIDE YARD SETBACK - 5' ' .E :TAP BUILDING SET8ACK5 FOR LOTS ADJACENT TO CONTINENTAL RESERVE i00P AND P]MA RESERVE DRIVE RIGHT ~ WAYS, (APPROVED BY DRC) I V~Cf' Ali , P~ ~R:E LOTS i Ate t0 - 14, 6 LOTS TOTAL. 1 . AC.A~ ~ n"%f " ~ A 10 F00T LANDSCAPED BUFFER FROM RIGHT ~ WAY LINE TO 1NDINDUAI TOT LINES - -I--~ __ 1 ~ - `. cp tr1;,Rj A 10 FOOT ~IBACK FROM PROPERTY LINE TO STRUCTURE ON INDIVIDUAL LOTS CONT[NENTAL_ 1 ~° ~ I`^- 9. THE PROPOSED DEVIIOPLIENT Aid {R DISTURBANCE ~ 1HE.DEVEIOPMENT SENS1nVE OVERLAY-AREA OOiFOFO4S TO ALL Ai'ALICABLE. ~C2~ '~ 14 19 ~ DR11E ~ OVERLAY AREA REGULAnCNS. \ ~ 9 1 DEVELOPMENT'SENS[nVE OVERLAY AREA STANDARDS PER P[MA FARMS SPECIFIC PLAN (AFFECTS LOTS 31-42, 77-99, 101-t0A) ^dN \ ~ 15 $ \ i. 111E MAXIMUM BUILDING HEIGHT SHALL NOT EXCEED q~IE STORY OR 24'. a n 1 A ~ Z. THE MAXIMUM OINS[nES FOR ANY DEVELOPMENi AREA ~ PORnON MEREOF SHALL NOT EXCEED THE TARGET DENSITY. ~~ \ ~pA" 16 7 3. HEAVY EOllIPMENT INt STORAGE WILL 1~T BE PERMITTED WITHIN THE SENS[nVE OVIItLAY AREA. N 1/4 CORNER ~ 4. NO SATELLITE DISCS SHALL BE PERMITTED ON ROOFS, AND NO DiRT BIKES OR A1V VEHICLES SFIAl1 BE ALLOWED WITHIN SECTION 33 \ \ 17 111E ~NSInYE OVERLAY AREA. a . ' 363.4 lTt 5 ' S.) DEVELOPMENT WILL MAINTAIN A 75 BUILDING SEl$ACK FROM EXISTING RES[OEI4CES ADJACENT TO 1}~ SITE. - - -' - - - 6. YEC~TAnON EXISTING W[1HIH 1HE EXIS1[NG WASH AREAS N7LL BE MAINTAINED ALONG PERIMETER BOUNDARY. A.SIX-FOOT Z PERIMETER WALL WIl19E CONSTRUCTm AND ENHANCED WI1H EXISTING VEGETAnON, TRANSPLANTED ON-S17E VEGETAnGN ^~~m"~~"R"~ 1 5 B 2 AFB ADD1nGNAL DROUGHT TOLERANT VEGETAnOPI. TN1S WILL BUFFER THE PROPOSED DEVECOPLIENT AND PERIMETER WAIL. 3 I ~ ' "'^'- ~~ • 5 3 1HE BUFT'ER AREA ADJACENT TO EXiSnNG RES1DEtt~S WILL BE ENHANCED WiTH ADD[nONAI CO~AnBLE VEGETAnON TO RED P' ~ 9. 6 6 .P ~~ REDUf~ 1HE VISUAL IMPACT OF THE NEW OEVELOPML'NT. I ~uL^ If .5C ~ 4 5 P' PR~ERTY BGUNDARY/ 7.) GRADING TOLL BE nMED AS DEI~ELOPL}ENT OCCURS AND MASS GRADING WiLL NOT RE PERMITTED. DUST CONTROL. MEASIAtES "~,;;,;p, ;L \ 4 6 6 ~ G' 1 DEVELOPMENT W[LL.ALSO BE [MPLFIAENIEO. .; REw~R^.° 1 •'~c'\ 6 +A. ' i ENVELOPE 10. P,gRK1NG CALCUlAT1bNS: NO ON-STREET PARKING iS ALLOWED PER CCtdt'S (AR71ClE 53,9). ~~,,,;$E;,,K^; 2 ~ '~s~7 C REQUIRED: 2 SPACES PER UN1T ul`ii i ~uiR 96 ~P 7 T „^i"i rte, ~.. R~~^h'd' 2 x t11 =222 SPACES ', ~G 4~an _ 2 46 ] u.TCK.16C PROVIDED: 2 SPACES [N EACH CARPORT OR GARAGE, PLUS 2 FACE [N FRONT OF EACH CARPORT 0.t GARAGE ~ 16 ~ V Z ,.,,~ UR."u'. Rc~vvR~E (4 x 111) =444 SPACES „ z7 W 9\ T ~ N ~wmEl~ i':Rli 11. APPROXIMATE AREA: ^IG 2 T 9\ v~ 1 v"r5i'•i~:n t.) L01S a 2D.99 ACRE(S ~t~ 1 ~ c X76 1 1. •GA. 23) COMMGN AREA °A' ~a~ SPACE & ~tAINAGE) _ 7.82 ACRES 1 43 3. PUBLIC 51REE15 = 94 ACRES ,~ 3 r 30 3 ~ 12. ' THIS SU80[VlSION IS ~IBJECT TO THE FIMA FARMS SPECIFIC PLAN REQUIREMENTS, TOWN OF MARANA ORDINANCE69.Z. : ~ 4 ~ 4 •¢G' 7 9s ~ \ D _4 13. DEVF.~ER W1LL COVENANT TO Hq9 1DWN ~ MARANA, ]TS SUCCESSatS ALB) ASSIGNS. HARMLESS IN Tt~ EVENT OF FLOODING. 40 c 9 + ~. 14. DRAINAGE YALL NOT ~ ALTERED, DISTURBED, OR OBSTRUCTED WEIHOUT THE APPROVAL OF THE MARANA TOWN COUNCIL ~ ~ i 3 39. "~' 80 97 •\ a t5. INtAiNAGEWAYS WILL BE CONSTRUCTED ACCORDING lb APPROVED PLAN PRIOR TO 1HE ISSUANCE ~ ANY PERMITS FROM THE ~ a a 24.48' I ~ A, t ~ ` 821 ~ \ G ZONING, ADMINISTRATOR FOR LOTS AFFECTED. AFrFC1ED 1015 ARE 14 15 71, 72, 101 AND 102, (6 LO1S TOTAL}.' ~+ „ gi \ rn a 18. A HOMEOWNER'S ASSOCJAnOF] {HOA) HAS t~EN FORMED 10 ACCEPT RESPONSIB€L[TY FOR MA[H1E11ANCE, CONRNk., SAFT:Tf, ~ +~ 31.65 36 A" ;%J 3 2 C.A, W 1 AND LIABILITY ~ PRIVATE OR 1N AYS, DRAINAGE EASEMENTS. AND COMMON AREA °A"., z x E $¢ A° \\ ~ <~ 1 17. TFIE STREET ~SIGfV SPEED [S 25 MPH. 1Fff OESIIOI VEH[lXE iO BE USED IS WT3-4O. yr m M'37 .n 85 86 9 \ 18. THE PROPOSED WATER COIAPANY THAT WILL SER4E 1HIS.SlR1D[VIS[ON.IS TOWN OF MARANA MUN[C1PAl WATER DEPARTMENT.: 77. ~ ~ •~ ~, ., \ 19. fEOUIRED FIRE FLOW FOR THIS DEVELOPMENT IS 1,000 GPM FROM HY1XiANTS WITHIN 300' AND SPAlED AT APPROXIMATELY 501Y. 589'53' 2'E ~ - - - - -~ 20. A PROJECT C~ISTRUCTION PERMIT. MUST. CURED FROM P1M0. COUNTY WASTEWATER MANAGEMENT DEPARTMENT PRICR TD ""-~ - - - - - ' - ~~ M ~"""~^ ° - - -~- fCUND 2 ACP 'S" PIMA OUN1Y "r^"^ ~GINN[NG ANY WORK ON TH15'PROJECL, ~IER 1/4 CORNER iiPr,.vB"uFvi"uLu Y o,.JvC"vir"iviu I 21. pJ-SITE SANITARY SEWERS WILL LIE PlR1LEC AND WILL BE OESIC4dLD AND CON5)RUCIED TO P1MA CWNTY WASTEWATER ( MARKDl'RLS 12214 I ~SECnON 33 ~ A ;~ C Kg°~+ICR ~ n ct ~\ G & u IiA~"?Jvt: j MANAGEMENT DEPARTMENT STANDA.RDS~AND MUST BE ACCEPTED AND RELEASED FORSERVICE $Y PIMA ('MINTY ~ 'v"",:.;vBuiev[v v ~rVvCvir"r"vE"v w `' WASTEWATER MANAGEMENT PRIM TO 1S~IANCE ~ SEWER COF1NECnON PERMITS. G Cv ~~:":G'o'lly[ I I + ^ ercr n"~ ~ ~ (; 22 ALL' RR~OSED SANITARY ARE T(I BE ~' P.Y.C PIPING, c~ Y 23 ALL $1~1AGE CONSTRUCTED AT 1HE ENTRANCE OF THIS SLI~]VES10tt W1LL NEED TO ~ COVERED $Y SEPARAIII PLTtMTT, = ~ - - - ~ IT ,4R, 5'~".^ R^" ~---~ ~ v l FNCLUDING SIfXlS AS A PART OF A WALL H.O.A APPROVAL IS REQUIRED W[TH SAID SUBMITTAL PERMIT, INq.IIDING i°iic4,;;; SIRE ,I _j . SiGNS A$ A' PART OF A WALT. H.0.A. APPROVAL IS. REtrfl[RED W[1H SAID SUBMITTAL 24. ALL ~Slfi£ET STRIPING ANO S1GNAlrS MAIL ~ PROVIDED 8Y THE DEVELOPER AT NO COST 1D THE TOWN OF MARANA' . ~ AND SHALL BE IN CONFORMANCE WI1H iFE MANIAC CN UNIFORM 1RAFFTC CONTROL DEV[~S APAt TTE CONnNENTAL RESERVE SIGN PR~ttAM. ' 25. 1FE PRELIMINARY PLAT; flNAI. PLAT, AND ALC O1HlD3 PERMITTED CIXISiRUCnON MX1: IMPROVEMIENT PLANS 91ALL . CONfgLM WT1H TFE CONTINENTAL RESERVE PRODUCTION' HOMEBUIIDER DESIGN GIHOEI[NES AT THE nME OF PERMRTTING. PROr~CF OVERVIEW . 26, "THIS PRO"ECT SHALL CONFORM .TD 1HE MARANA,OUTTXX)R LiGHT O~INANGE 1' = 200' 27.:THIS PROJECT 1S SUBJECT TO MARANA ORDINANCE ZOO1.Q2, EACH LOT SHALL 8E RESPONSIVE FOR IMPACT FEE$ RELATID SHEET_ tNl1EX L 0 TO 7NE, MARANA SOU1H 1RANSPORTAn011 BENEFIT AREA; AS ASSESSED AT THE nME ~ ~11LDING PERMITnNC. ' 28. IF ANY HUMAN REMAINS, GRA1gS, GR (YtAYE-F~LAiED OBJECTS ARE' IA~ARTH LNG DEVET.OPNENT, CONS1RUCnON SHALL ~ i COVER SHEET 'HALT, THE F[NOS SHALL BE RL1rOR1ED TO THE AR120NA STATE MUSEUM, AND L~ICTIOfi SHALL NOT RESUME UN11L 1HE ~' 2-4 .PLAN SHEETS MUSEUM PROVIDES GUIDELINES FOR D[SPOSInON ~ Tip GRAVE RELATED MRTERIACS PER ARIZONA REVISED STATUES 41-865. 5 STREET DETAILS J 29. ff CONSTRt1CnW! ACnv[nE5 REVEAL. bTHER SIGNIFICANT ARCHAEOLOGICAL FEATURES BELOW THE IXIa1I1D IN AREAS OF 1HE 6 DRA[NAC{ DETAILS 1 DEVELOPMENT PROPERLY iHAT WERE NOi PROlED UNDER 1HE ORIGINAL ARCITAEOLOGICAI.INYESTIGAnON PERFORMED 8Y OlD !! OGY CENTER AS D GENCYS N nCE PUEBLO ARCHAEOL EFERRED TO IN SAI A 0 D FIELDWORK COM LETION MEMO GATED FEB a - 2Q03. THE WGRK IN 1FIE IMMEDIATE VICINITY SflAll HALT UNTIL A PROFESSIONAL ARCHAEOLOGIS'[ NAS ASSESSED SAID FEATURES SIGNIFICANCE AND MADE RECOMMENDAnON. ~ ~ N0~ 30. LENGTHS ~ PROPOSED CtA~-OE-SACS: (N) 4821E COLTRANE LANE: (S) 571 lF ANY OWELUNG OVER 3,60D SQUARE FEE'i , AIO=Y LANE 396 LF l1( l9IDER 1HE i~OF, HAVING LIMITED ACCESS . BRUBELTI CWRL 27t LF OVER 150 FEET, OR AN ACCESS GRADE OVER BASLE COURT: 377 LF t2% MUST BE EVALUATED FOR ADDInONAI FIRE PR07ECTION MEASURES, 2NQUDTNG HOME FIRE SPRFMQfRS. OWNER F R P DEVELOPER . TIfIS PROrE 8065 N Pimo ACCiPTAt~CE: P.E. $Y MARANA TOWN ENpNEER DATE CONIRAOTCINEER (TOWN.OF MARANA) DATE LAWYERS niLE OF ARIZONA ING PULTE H~IE.CORPOItAnON THE BASIS OF I}EVAnON FOR THIS Sl18DIViSIgT IS 3-rl-oy 1~R ` ' ' .7840 E. BROADWAY, SUITE 230 6893 N. ORACtE ROAD, SUITE 121 TOP ~ 2" IRON P1PE LOCATED 42.4 FEET NORTHWEST OF T FBtE Ci DA1E ~ ll~ ~ TUCSON, AZ 85710 NCSON, AZ 85705 THE CENTER ~ ~CnOt~l 28 PER PIMA COUNTY DEPARTMENT LLEaaapodkralNpLAwo~k, (52O) 748-3521 (5ZL1] 229-6000 OF TRANSP~tTAnON RECORDS ,~i.S ~ °iS~~.»rr. MMLA oao22-o2-z4 EXgNt~RMC • PUt47iNC LmIRORwaru • 9iA'kYlNO • NAIER RE9WXilfS ATTN: JOYCE RODDA TRUST N 7924-T ATTN: PAULA, MEADE SAID ELEVAnON BEIN6: 2155.24 FEET NAVDBB DATUM ( RGLAND k iRfN 0-ATTORIEY IN FACT DATE REwsD: REVI5EP aoo E kAwre RA su no • raw, Az 4sna • Ta (s2o) aA2-aaoo • E~ (~ 2n-1t~ a. FOR EL PAS ATUUAL GA5 . ~ sR rmw s Can'tinental (1.781. iss} a 0 (i-BB}r - ~ ' Rae BNB. t-20 ~ . ~.ii (1-~ - - --- ~? ~ t~mt ' .wY! i1Nr! mtN ptd k. 9S Rpaage P ~~ 91k.1 (1- R 15 it CT ~ ~ •, Rosane DrWe i LOCATION MAP . SCALE 3 i mrle BEING A PORTI014 OF THE SOU1H H OF SECn9~ ~ A THE NORTH 14 OF SEC ION 3 3 T , n2S, R12E,.G & r TOWN OF MARANA, PEMA^COIAdTY, AR[dONA ' ~ ~ ~, 1)( LOl NUMItER ...r/_f1r~,., - SI{iIT NSIB[UTY 1RIANGIE ' LOT ACCESS 2.~ ROPE AND DRAINAGE F10W At6tOW - -- EXISTNG 100 YEAR FLOOD LIMITS -' -- EXISnNC EROSION HAZARD SETBACK •• PROPOSED tOD YEAR FLOOD LIMITS '-- ^- PROPOSTD EROSION HAZARD SETBA(X SUBDIVISION BOI~ARY liNE LOT tltff / R1GNT-OF-WAY: L[i~ - - ;EASEMENT UNE /tip i0P0 CONTOIq! ~'`.. TDPO INDEX di CONTOIiR - E - EXISTING UNDERGROUND ELECiR[C - aHe-- EXISTING OVERHEAD ELECTRIC - ~ - Exrsnrrc cAS.uNE PR~'OSED RETAINING WN.L LOCATION ~ ~ f A MARANA TbYM UMiTS ' EXiSnNG BANX PROIECTIOM PROPOSED BANK Pi~TECTIgL . ~' ° z6723 :WATER SURFACE LTEYAnoN I.OCAngi' ® BRASS CAP SURVEY MIONIAENT MARANA STD D1L M-103-5 RT BE SET BY AN R.LS, (BY FINAL PLAT) O ~ : ?KEYNOTE L FINISFR:D GRAS ELEVAn~1 g ~ LOW POINT - H[C41 POINT ' }-$ PROPOSED FIRE HYDRANT Ci . Q CURVE DATA . Lt ~, LINE DATA' " ®' SEWER LINE-DATA ' LOT DRAINAGE TYPE ' DRAINAGE CCNCEMRFAnOti POINT A't~=03109p PRELIMINARY PLAT FOR CONTI NENTA~ RESERVE BLD~E 16~ LOTS 1 TFIRQUGH tt] .AND COMMON AREA "A" (OPEN FACE dC DRA><riA(~J A RESUBDTV[SION ~ A PatnON OP' BLOpI TB CONnNFJ4TAL RESERVE.AS.RECORDED IN BOOK 53, MbP;I~pAGE.'35. BEING A.PORnON OF THE SOU1H f4 OF SECTION 28 ;. & THE NORTH 34 (~ SECTION 33, T12S,; R12E, Gk$RM, ;: ~4 TOWN OF MARANA, PIMA COUNTY, ARIZONA i?zio~ SALE: r .~2qr C~uTouR INmlyw r 4L~T ~ GE E ._~_.~., CURVE DELTA ANGLE RADUS ARC LBdG'ilt Ci 02'1751' 562 _22.57 C2 ' 16'03'43' 637.50' 178:71' C3 1126'12" 637.50' 194.01' • • • `TJ ! M \ , „Ir,~1, ~;,L ~ ^n /~ ~( o ~ C /; L wmrev": - • •. ~ ~ ~. 1 IAlniu~~iLnvJ~'r"~.'Jn~vL~ ~ / // .38 ( `~,~\~ / \.. ~f ICfI Sri ni_ l 'SCALE: 1' = 40' - / \ ~\ ~ / CAC( '; ` C.I=1' x6 ~ i~ ` \~ ~ /~ btC ` \ ~ _ _ ~.1 ip2~0'174~ ' ~G-2 l~ / . c / /~ ~•• ,~, \ . 1 SEWER / / ~ \` ~ C ,~a EXIST. 7-20'z4' / / •/•~ l e / / ~ ~ s .' ; ~~ NEW~MH (G- -001) ~ i r \ { __ _ "' I Rc~ Pr ARCH E / ~~ ! /// et/ 1' 7175.9 SF d • ~ ~~1~•I~ \6D.1 \ \ / 6• / ~ I ~ y O ~ ~ I ` vivh..K ~ i ~ of ~ / ~ ~ / PAD=75.8 J. p ~ •~ \ 2 001 ~ ~ f '~' 7 . '~ , '~ ~ ~ ~' 3 1 T2 \ ~~ `: ~~~ \ ~ E1L 1Y SEWER ~ o ~ -- - - -- 6 35.3 SF 3' ~~ ~~ ~1_= •* ~ ~ moo. ~ G- Oi f P~D 78.5 ~ \iv`~ ~ EX. 10° ~SEWEk { " {J ~ / \ ~~ ` ~ 2 G-2o 1°01 ~ m E1fI r.1-2o'x4' rr,,-- ~~ ~. ~%j ' 69 ~1~ pJ A ~ k/ 61~} ~~'. 4 ,~•• 1•~ \ ~ ~8.1~ ~ ~ ~( f ,69.39) DL - P,\ 9011.3~F !~.~~ t ~ c~ M 6.61 cX 10 SEWER _ ~,~~ ,,__J, PAD=80.0~~ `~Ye° po ~ } t,7ry• ~ -G41 -~ _-._ [N -Sfl3~!•. G 2n00 DDt~ } ~ ~~ OD _ _l ~)-~-~ 1' ~, 1311#4 Sf ~s~. ® ~ •~ ~ R M=-~ ~ !''~~^ 3 `\ ~,. ~` ~` ~ =419:19 ~ - 2 0- - _ _ AS _ _ , ` _ 2~ / PAD~7.6~ / ?~ t INV~57~9 4th ~ .` '~ ~~ ~ - RI6I-GASt ,I _ ~_ ~_ (~. ~ ,~~. ~ ~ ~ ~ ~o ~ Li t 8406. SF`•~`. - -- .• - - - _~ ~_~ M NEW MH / t ~ / t PAD .7 \ ~ ,^, `. 001 ~~ ~'~ ~ rr-(G-2000 001} -°-~ ~=. -- ~~ ~- r ~ ~~ ~ e '-.,v S 74151 f DSDr 75.50 RIM=76.1 ~ ® ~ ~ 4` ~~~ S~Ta ,16 00 a •„ -;' G-20~-001 ~ B 1=115{16 i 1NV=66.7 77679 SF ~j 0 ~ ~~~.. -„~,, ~~ 22 LF SPLASH PAD ~ ~21'S8'3f' ; t / 90~ ~ PAD~79.1 r ~ h NEW. ~ ~ 3 -s y _ _~ `~ ~. ! k/ ~ B x ~~ i RIM=7LD \ SH PAD ; tD -.° 1 _ _ ~} <<~.ti.~ - rx - *A ~b e V` ~ ~ ~ f INV=58.2 \`~ `~ 1 °\ 8 lF SPLA~i P ~ 24.63E 5 , a~ v `1 ~ 3 t 1 -•.~'_ ~~ -. ' \ g"7 1 __ oN - ~~~~ l ~t ~~ 76.25 8 j 1D691.1 SFo ' \ . „ ;E • _ ._._. {~ - ~. _ '' "'_.`- _, MAT X ST n~•mn,~ ~,~ , t _ o~ NP 10775.81SF i h •r?AD=71.9 ~34c C.A. A ' 0 ~ N• - 2gc NEL N 63.351 R~SEH'.~ IL ~ 7 LF ASH PAD ~ ~~/ P.AD=8D.4 ~ (1 ~~~_...,_, I 6 . 77 .1 1 LF,~ L ~ ~ ~IiC K .5C tf ~ 1.6 1 3CUPP I ~ ~ ~ j 2 . J)i i `¢~~ ~ ` / F M~ X \ fiC Zrl rK'~ uK, «"v'rni•i1a'~ P =19.4 ,~ ~ 7 I . IS : ~ 11378.7 SF R5P '' ~ 1 2 LF ~ ° 63fi3i ~• 2164.8, , 1 .07 ~ p J Y~I (. ~ PAD=73.6 ~ ~~ = 1' S 1f :4NV 31 I, J ~`\ / ~ 14 3 SF ~r. / M~ ' ~( P~j. '~ ?~ ~rr,g f_ INV=6 ~i- ~ t4 ~ K' ' j \ \ ~ ~ ~ 16 a f PA~8I:8 t 9 t/ ~i4 ! PA#;1~70.9 "°-~s • \~$ 6 „ 0=,=569cfs . \ \ I PAQ~80.4 !! 3 p / `~ 1 '' ~rT ; ! AD=7 . ; \•~ ~FPE I.Ol 5 .I '~I i 1 7962. SF'. / p E~`~ ~ +ti `. :'i • ~ is ~ X217 ' } ^ I 1 ~ PA 74.4 J S / . , f + i ~J7 "~ > ~ ~; , ~j LF P \°s~\ 1 C-114=~~ ~ N MN ~ / 4. `ti i~ It r I ~ ) ~ 1 1 d \ .- -12D- - ~ ;fit INV 7~ I ', / ~ 6~{. ~ 1 r P ~17 F ! f 68.7D ~ "~ ~ ~, ~ 4 _. ~ /, 4' 1 ~ ' 3? ®, piANfB:L 6 \ \ 4 j I rt0o.0 SF ~ ~i iii J .~. {~,..,"j "yo ~ ,. I ~ t> \~• 4 80741 Sf ~.1 0d ~` PAD=75.7 ~ 2 / ,4 1 `r' r i r. +} ?l7 f 1 j4° 2 ` i~ Ow=6cis \ ~\ t ~ 28c7~=81877 ~•}~ ` ` j~ 5 / • ~ ~~• 6 / I' ~F?? i ,`` 4• i • `~ i ! (dy I \ •' ~ I z r s I 11 ~,\~ _ T X17200.0 SF' r~ /. 5 6~' M r 93 SF, 1 ~ t i „~o q i 1 n;:Tnl^Anu \ ° ° y~' y 1 ~O~C - - J~ '• 6 : PAD=7Q9•-' ~ 4 l /' 6 jP 23~;. '•'^~. ~S• PAp~3.9 ~ ' jl' REScR'.~ J i~~ia{ \. 5 `~~ \'? ~ b _2 i P~19 ® ~ g j V=63x1 p - 1 t f~ R'f r3I:OCK ~6C /. 156.8 SF 4 r~ 'i. t t ~ ~ ~~'.. ry~l 1 S AID "\\y.9 Ap=82.2 I~ at / ~ / t r~ r t ~•~,; ;~ • ~ ~~rJ ~'~ 4'v1C''wu~i41QA SEVER LIN E .DATA LINE DISi 1 PIPE ,SLOP 1 S2 53 69.9.1 lF 22 .89 tF 160. 6 PYC P PVC 2 1.OOx 136.13 LF PYC OOX ,55 11 .35 CF 8 D Sfi 1 .51 LF PVC OOX 7 443,40 LF PVC 1. X 11 x.71 Lf 0.5 St 1 .511E 0.70% S13 25615 tf D.70X ~~ C.A. A / 11' U'F gyp ~1 1' NO VEHICULAR ACI3SS EASEMENT (BY FINAL PFAT~ O5 60' EL PASO NANRAL GAS EASEMENT PER DKT. 8468, PG 711,.70 REMAIN., y1 a ~b ~2 1D' PUBLIC UIILItY EASEMENT (BY FINAL ~.AT). 17 SEE DETAIL °H', SHEET 6 Fqi SCUPPER DETAIL ~ f 1F ~• , 03 10' PUBLIC UIIUTY !t LAN)SCAPE EASEMENT PER ~. 53, PG 35, TO REMAIN. ~ EXISTING BANK PROtECTt071, TO REMAIN. I ~ pRV-03109P ~ 1D' TUCSON GAS, ELECTRIC LIGHT ~ POWER EASENQ4T PER M15CELLANEOUS tU3 PROPOSED BANK PRO7EORON, (BY 01HERS}, SEE DETAILS I & J, SHEET s. PRELIMINARY P1;AT FOR. t ® RECIXtD BK. 76, PG, 584, TD REIJAIN, ®EXIS7[NG 100 YR FLOODPLUN PER FINAL Bloac PLAT. CONTINENTAL RESER Y G 1t~5 EXISTING EROS[IX4 NAZARO SE7BAd(. PER FINAL BLOCK PLAT. 16 POST DEVELOPED 100 YR FLOODPWN LIMITS ~ UNE DATA TAKE ~ CI~tVE DATA TABLE BLOCK 16A ~ S89 41 ° 4A \'¢ ~ ~ ; _ 1 _ L I _ _ ~ ~ ~ ' ~ ~ (1:;~C-- {P`vGV-r[xy ~'~ / N `*. - ~ ' x 5' SPLASH P yi" __ _ _ It !, 265:0 ~ 2 _ \ - ; ~ ~~ I ~ ~ ~' vI 70.0 ~ * °0~(/ 72DD.p 5F E 1f I ~ ; b 62 ~ -.~ ~1 ~ yo3~ °~11 if ~ PIr---~ \~~ ~ L ~, ~ ~ V~ _ // / }~ ~ PAOg74.8 r 1 ~ PA1D=74,9'• r'p ,?f i• ~' C . N ~//4 CORNER J. \ \ ~ ...88101 SF 7n / / t 7200. SP 1 ~ k ! : '~ ! / { g0 0,6 p ~ 1 I SECTION 33 \ $ \ , `i PAO=83.1 ~ \ \ N 2•~ / PAD=~6.0 ... / ~ ~ / 1 ; % S i , f ~ L 1 \ $~ FfE=83.77 /I ,~.~ +N pp~. / I ..-f~tj AD=73. 0• ~" tr ( ~ S tri r 1 4 x / ~A ~ , ~i 4 + + ~~\ `\\ `\ ~ ,/ ~i4}' \\ll ~\ ~ / . ~t 52 p ~ '/, ~ ~,' • , i ~ r ~i, ~ •t °~~ v N ~y` ~~, f 1t i! ~ i i '1~`~---~i ""`. ti X aSEE SPIFFY 3 ~ ~ ~ 1 , .: , . ~ ° , o ., LINE BEARING DISTANCE U N 36'49'53' W 33.16' L2 N Of116' W 49.69 L3 N 40'30' £ 2LI276' L8 N 53'10'OY E .307.29' L12 N 52'38'1. E' 574.31' U3 N OT41'SP W 27.18' WRVE RADIUS ARC LENGTH DELTA ANG.E C! 250.00' 155.96' ~ _ 35'43'44" C2 25OOD 181.53' 41"x'11" C6 250. 174,87 40'04'42" I C10 161. 281, 89'02'10" - C11 ieL.00' 80.6 28'4703" LOTS 1. THROUGH 111 AND Y COMMON: AREA °A° (OPEN SPACE do DRAINAGE) A RESU~IV[STON OF A P<92T10N OF BLOg1 16 OF CONTINENTAL RESERVE AS RECORDED IN BOOK 53, MdtP, PAGE 35. BEING A PORTION OF THE 50UTH H ~ SECTION 28 i MAIA o3DZZ-DZ-24 .. _ .. ~ k THE NORTH >h OF SECTION 33, 7125, R12E, G&SRM, . fNGINfff6NC • F'!'.Nd8N6 ENNRRYflITk ~• 91RVE'm+c • .lp'17E31 A6tluR(fs.. ~ - ~ ~ REVISED: 02/20 TOWN OF MARANA, PIMA COUNTY, ARIZONA 800 E 1Nlnae Rd, SM 419 • ivuo't AZ 85719 • Td (~ 282-2AB • Fv~ (620) 282-7290 ~ ~ ~ REVISED: L1/18 03 C OB/22/03 SCAIE: 1' . atl CONTOUR INTERVAL: 1' s91&r~ 2 DF ~V v; Q POST DfIELOPED EROSION HAZARII ~TBApC 18 EXIST ROCK RIP RAP SCALE TO 8E REMOVED & REPLACED WITH SPLASH PAD/PIPE CDMB[NATION, SEE GRADING PLANS ® 6' HIGH STEPPED FERIMEIER MAS091RY WALL PER 1DWN OF MARANA STANDARDS d' 1HE CONANENTAl:RESERVE DESLGN GIIIDEUNES, SEE DETAILS A M B, SHEET 5. ~A>s><vrzpawzwck. ®PROPOSED BANK PR0IECTION, SEE DETAILS K ~ Kt St#ET 6 SEVER LINE QATA E , r SEE SHEET 2 ,~: ~i a-71.6. ,, LiN D AN P P SLOPE j / ItRr_6L6/! : ~ ~: /f( • S 443.40 LF - 8 PVC 1.84X SB 161.78 LF 8 PVC t.89X 341.32 LF PVC 1.11X S10 437.50 LF PYC 1.15X S13 256.25 LF 8' PVC O.JOX S14 27!.90 PVC !.508 4 274.63 LF PVC 1.30X S15 271. 2 LF 8 PYC f.O08 S16 205.06 LF 8'. PVC i.06X SI7 220.87 LF 8" PVC 2.14% S18 153.27 LF 8 PVC 2148 S 276.E LF 8' PVC 1.008 / f 71 ~ \ e ' 19 t n ~77.52~A ~~ ~rvl V / \ l -~'gZ / ~ / / 60 ~, r ~~: I ~ OQ~~ ~Y _, ~ I' i~10y(~IF 'ASR` L } ~ ~ 1 " ~~~~ ~~V ' ~ ~ ~ J ~ , 6~ ` `'~' X100.0 ~' ~~•, ~ ~: h~~ ~ I / ' LA t~ ` 6 SCALE: 1" = 40' ~~ ~i ~j I\~ `~ IIi\. i 62~7~~1 ~' l2`~e / ~a PA(~,2 ~ 4 ~j"`: / 0/~4~ 'i ~ ~ /~~ \~\; ti •i C.1. 1' s .A. A PA 807 1 ;3f O" r i ~ ,~05~'", ~' i ~ '~i - -f?im--y~cfs'~ ( ~j(1 '~ `~ i,'i_~'.'~~ n1i. ~ ~ ~~ ~'' ~` p •77 BO ' 720D~ SF ,' A9-74 i r j .: (c'(,~. , \ \ t r ~~`~:d ~ ~ . F.• ' 4 ~ ;`' \ RI yyx~ 6/ ~,t, PAD-?8.4 !, 850' MH ~' ~',~ / / „ ^' \ t ~ BL'Lr( i~ ~ / \ `~\ ,~ ~ / r o - ~ , :t~~. ~ 0' Q! j11 =72 ,Z~ / ~ ~ : K""`1 i y1 ~; ~ ~\~ 6~ ~ I ~" .~ s 1N .4 ~ ~ ~ o ~ 6 PAD 756 l,TNY=64~1 r'' ~~ r C.A. `A' _ ~ i I i R ~,• ~,On t + ~_ \ ~^ '1' 'r / i ~ i / v' :148678.3 SF } - r 1 ~ ~ vlr rSret, i i \ 4 ~ ~ , ; \ 1 r' r I \ .\ ~~. / p2D0.09 5 ADV a ~ . _ y ~ ~ /k0 y~ ' BASIN-'#~ Z . 1 ~ ~~~'1 r \`( ! J + ~ P _ ~O 6 t ~ ~ r.00R=666 j `~l ' ~~ it ~ ~ ~? ,5 zlst.ee / ,~ A ',0 t ) ~ ~ } 1' i l ~ ~~ ~+~ ~ ~ rf ~ 10950.8,'DF ~ ~„s• ~ \ V ~ ~ ~ JO - - ~ ~ ~ -. ~ ` I . ~ ~ ~ r r. 4 .~Lf f _SPLASH~AD j f i ~ lit ';, ~ ~ I! L' ~ . m ' / 7200.0 SF -, ~ lrJ ~~~ ~ ~ r r%ry FFE=x5~T ) r - ~ , ~ L' PAD-8D.x ~ ~ / 0,~(Q,{~ i~ SrIIPPER tt ; ~ ~ `I t}~~ +at%ao ~ ~ - i. 1 ~ ~ A e>.PS.21 \ ` ;'-~, / .1 ~ p `~ O. P / ~ TI~t F. ~ r i f t / `~ ~ 1 1 ~: z , ~• 48 0 6 p~ ; V`}I :67.4 47 LF ASH PA~1 r i ,~ ' ~~ 7200.0 SF f ~tl.~ ~~ l~'t ~ l~'~ `/ ~` ~ ~ ~ ~~tPAD-820~% ~~ - ~ ~~P`AD 07 9 2 /Op . S~ ~. 1 ~1NV t ~ i ~ ~ ~ t i 1 ~ /~ j~ /~ DEL, l( I i ~r~ ~7,159.4SE.~ ii r, s~\^y 4 °s 1 1:Ni" `60 721100 SF ~~A--. ~ rk% .dr \~ m t! I '~' \~,~ ¢ ~ g:-~ 84 % ~ ~ PAD=85.5 " ~ / `" PAf~'80.8 ~ ~ ~ ~ ~ ~ ~ (~ ~•_ - I .-v~ ~ 1/' / fFE=8fi.17 ~ j ~ ~~ ( c ~ c A / ~I : ~ ~! ~~~87 711'SF~ 4 ~ 7 ' '~ ~ © _ NEtV! MH. A 89- r /eo , O / 6 : 7 ~~" PAD©60 t+, " i ~ 1 `( i~V ~\ ~ lir i r, / ,- \ [ 63:7 \' `'1 °~ 1,/ 0 ~~, 80` 1 i ti , e 6 7200:0 SF ,r 1 ~` I tIO, INt( T47i a PAD=82.2.. ~ ^n•mur„+~ ~ ,/~ 5 ~ <~ %4-24.R 'S I ~~ ~OS i ~ ~~1 „~,. /- , I i 15 ~ 2 >jC '', / ~ ~~ ~.At "A" n '. ~'~ 1 ' `~ 0 sets , i r R~.a c 7200 0 /~ r\ ' r ^+ `~~ A V 1 t \ 7 ` ~'T 1 ', u; •..•• ~.t 720D.B J O 4/60 /I 8259Y2 SF Y s ~ ~ } 85bt. SF i l ) ®q.7cfst i !i. ~ / 1 f C' 0^ i B ) FFE 87 .~^ ; '3 zs \ .g ! ~ » 2\~~' ~~~ PAD=82.6 ~0' /'' x~~ ' L ' ~A$(N G !i a° I P 6~9 i ~ - .~ ' } ~~,,RE!i ~ P~ ~ ~, 1 ~ f 19 1 Jj~ d' A r 'F1.00R 6~8~1 •. •'J B ~ l r i ~ ~ ~ i~ ~, 7d" ',~ ' ~~S ~ r/• ~- ~ ~ I ? .~G'~-~-... ~ :% i "'yye . "r 9 x0 1 i;~ ( /S ~ v ~/ ^4di •i o /-~\" ". '.. ,~ ~;~^~ v /' i1 LF.SPLASH'P ~t R 1 O ' ~~ - aze*_se / ' / o ~! CA. ~IM MH ~ • 1 \/ 24 ?0 // "/ /~ ~ 30926.8 i'b ~- ~f ~,' d~ vb~ I ~ ~. ,\ ~. 60 ~ 1~ c/\ ~as•~.~ ?80.2. :. r i J ~' 6~ ~ ~ \i ~p ~~ ~ . / ~`- tan=sae / ~ ;' ' .._ r A e- - f9~. ~ 1 ' ~ V ' 6. PAD=87.2 ~ . ~ i ;` \ \ /0 t` ~'/ ~ 1 J ~m \ ;~~. ,~ % ,pApj .4 / 1 I ! 80.5A 6 ~' 71r ~~ c r ; ^yf'7 _~ % JFFE=88.87 SC ~ Jt 4T ~ -rt~\ ~\"~F q+P~' \5x /2t ~ 1~ i' 61F PAb ', ~ ~ j68g `SF° \ d,+~ ~S r NIMI~ 'r© (r 416. i ~ / ~ `, © o ~ \ 6&'`"~ PAD= 6 ° s ;; / 1~ .~ j ' f1~=148cfs~ ~ 1 :AD~769~/ \~~~i i~ lI =85.9 / L= \~ a ~ I / ( r:r+ ~, t ~~ ^.. ® 79.00 3 ' , 4 / ~ '^ s ~i `~722`2J'``, 2 r ~6 ~ ~ R3 i ~-\ ./' ; s~ / ~ ... - ! ~~' f ~ .~14A6D5-.8 SgF fn ~ / '3685.9. SF K % , '*'" ~~ ~ i ~ ~~HP ~ \ ' S I . ~ i + ~ j +2i_FFE=8887'7f v"~/ RAD-82G 6 / / , .-Opp \ ~::t+"'~~ ,.'. ~ ,~~ 4~`` t72~.~{r 0 !° ~ \ z ,\RZS• ~ I + 45 ~/ ^C.A~~A j// / / Jf(~ ©y // f i a.ss ® ,~'~' ~ •1~ '$• ~ ~'t''~~~/'J ~ ` RA~,77.3 1 +4 1 h 0~'~~~r I i /! 1 ~'4\ J/ f / ~~ l ~ ~ NEW M - ~~~~~ r f'-,l ~ ~' 6 ' y I/ J( 'i - RIM 80 ~ i , ~' ~ 720D,a ~ : 7 lf,' PADr hr 1 ~ ' ( % i j ; \\ `~ to i.1~~ '~ V 7t.T~ r, .•f• m ~ r~- ~~~j Q,m° fr: ~AIh79320 :tv /74 7 ~~ f'~:, ' / 1,~; J'~/ /'} t ~ /,~ ,~ ~ ~ ~ 7.3_c18~0/ 828.3 ~ ' /~ ~, m ~?s~ ~ / ,t~ / ~g_..® 2.1 cfs T (~ ~ ' FL ~ ,. 6i~~.-..,- `t_~rA(1~~ ~g f 1 I ~~ 1 '21 1 P,AD- 4 r 7 i ~~ -~s~- 74~ t ~ r a~ i / i ~ r/ ~/ 5 8 r ~ 1 7 .0 SF MH ~ ~°j'' ~ $, r 7 H /~ ~ S ~__ _. 0- PkD=82.6 f i p ...,~ r r // .~.--.% I "'8'9.37 80.74 'Fj ~ ~~ - ~ - 4NV 69n1 1 , ~ 1 F it 9 ~ ~ C r i l / ; 7~2, ~ ..: m J / d ~ , © ! r ~ . 'F6 09 SCU R l q7 ~ , ! , L~18. /~ .,,'-'' . Q o ~~ ( ~ ~ =59 ` ?813 U' ~. 7847. i r 2tra:ro r ~ ~1 30' l/~ ~ ~p0?~ ~ .. a ~ `•C`' A,,`»A» ~ / o /• ?~~ ~Q'34 •~• ~i ; ~ 4 j. y~ ~ ,..720 ~~ ., r ` ~ t* 2 ~\\ a ~AD=~/6 ~ ~ Y it 7 4 g '_ "5 ~ .~ •~j \,~, I . PAD B60~ \ './. J~° ce \ 1Q6~ \ 1~© ; ~ / v 86.79 i ~ ?~ ! t, ,~.-, \`~ `` ~ ~'' ~ '~'". .\ / ) `• 8143 D SRS \ ~ / ~ tF ;1 - PiPE S ~ o `R , y,iu 1c• •~ \' ;o y-' \ °~ ~© p / d . !~, (i 7901 jd PAD-'~7.1 \ '~ ~ / w 30 lF WdR OPEMNG' ' L ~~ ~~i~ t ~ a f. ~ i r4 inn- ir.a. » ''i t .~'o ~\ S, ~ G ~~y~ - "1.05 C ~ 1 r 4tF PAD /" + It I ~ 6 11 / 1D' ~ ~ !$ ~`f ~ ~ ;R~3~ C.A:. "A ~ t \ i /,, ,~ ; 5~ I ~ ~' 8257.5 5f ~ ~+ 4.7` ' J ~ ~ I W ~ ~ :BL~C ~ C i ~ `, / PAD=7$R +~ [NV 1 ~ 7 8 ~.0 3 IM- *' q0 ~~ tv Illttt ' "~~ uRn ~ ~ t' \ k t v »/' % 0 6,~~ ~ ~ 90.97 [NVm7 ~ 1 ( r! v G•. jr~ + EMERGENCYr .z~ /1 ~ \~ ': x b ~• ''' 1 80®~et "I 't ~'."'~` ~ i+ I F ~~ © ~~ i µ, .t ~~ t I~ ~i ,u• •~*~ 4 /~ A6CESS~~ ~~.1 0 6~i ~ ~ ~ `\~ ,, ~ t ~.1 p~ \\ t 1 ~ ~ ^±~ } V, ~ ~ '~ ~ } 9686.4 SFI z+z,¢ e. ` ( r i r %777--_ tOlj32.1 ~ ?, , ~ ~ y S , / __- (ii l ` ~l?AO-88.31© l _% ° ` P~'1=-B9A / ° ~ , i 766 S~ ry' i x ~ ~ / \ l y 1 ` I V ~ n 720 SF ~ '* I% V I , ~ ~i. (• r a ~ \ ~ I ~ j ~ `, ' RA~2:4i ', /~ ~ /.(dV ,' L" A 4 ~i~tJ. ?ntcxst , Rte= _~' /2g, ~ r ' ~ 4 /~ r ~. ~ , ~ "~I IM= t o y , ~QA / 2 m t3 ~ + 1 i \ i ~ 1NY X4.0 \'~. 01 ;, ,, 16 y07a "T 1 FFE C .77 ~ 3~' , ~~ \ 1 7466 5~; (! ~ ~r,~ ~ t ~ , /~ /mry~`` 1'•, \ "/ rJ ~ i"2~0 `\ Aa 4 ~m 1 ~,,~ =89.2 ~ ~ 1 ~ r/~• / ~ ~r O,ae-~9cPs I i 1 I i g~ ~ 4 s Ip'~93~ G V,. ~~~ ,~ u, 11 ~V / . M01F11. /~ rte' ~~ p,,~ / i 49 2.1 +cfs/L01, ) , / ~ J ~ ~ \ I ® 5 \4 ~ i MAAM ' ' K o ~2.7 dtsTM \ •1 6 % I' / 1 8'~04D~SI?.,,' ?~ ~ ~t'i , b 0 .e Z{~ ,~ 1 ~ ~ s ~~~~_ .,`\tt . 1d97~' I '. ~J :a ~ / J m r--•PAD~9267 ~~ $ ~ t20.~1 ~ i 4 ~~~ /~~-,~j r/ r~~ 4 PAq-897 ~ ~ /) V t 1 ~'6~~~ ~ r "' ~-Tci~s~'`-.• `~ / r j © ~ ~ / ~ \ , 1 it a~ ! . is ~ I /• l ' J?c~ ~` ~~ ~ 53 .1 ~• 3 » ~., 65 LF ~ \~~ `-•\ R50' ~ 1 /' i "tt \ ~. : ~~ / / i'V 78 _ '~ ~ t , t- 4 Rca~ ` \ ` ` / A~3f '3T j a ` ~ 31 1~ ~ ~ r 4 ~'i % / ` ! dt , i /', f! / ~ _._- -- i /~ ,~ F.. '`-gyp .t ` F B ° 40Z ~ z ".;` ~. ~ r / ~ ~ ~ r - l , ,mod ~ ~` ,f ~' UI~ ~ATA TABLE \ ~; '` 1 ~t ~ i P t \1\~. i tl i i r ,13 W 1 i SEE SHEEi 4 NEW MH .79.40 PRV-03109 Oi Y NO VEIiICUtAR ACCESS EASEMENT (BY FINAL PUT}. 5 '60' EL PASO NATURAL GAS EASa£NT PER DKT. 8468, PG. 711, TO REMAIN. LiNE BEARiN~ DISTANCE RiAI=79.8 GB P O2 10' PU®.IC URLITY EASEMENT (BY FINAL PLAT). O. L1 N 36"49's3 W . 33.1 1rn=i2.D PRELIMINARY PLAT FOR DEVELOPMENT SENSITIVE AREA PER BK. 53, PC 35, i0 REMAIN. L4 N 1531'OY E 493.94' /~ AI A' ~IT/~ p[' []~/~ 6 10' Tt1C50f4 CAS, ELECTRIC LIGHT a POWER EASEMQ4S L5. N 15'St'oY E 11.24 C~IV?I N~N 1 !'!~ 11Cf~ YG . ~=/ PER MISCEU.ANEOUS RECORD BK. 76. PG. 584, i0 REHASH. 11 SEE.DETA[L N. 5}iEET B FOR SCt1PPER DETAIL - D L6 N 2234'43" E 167. BOCK 1 V A _ ~ PROPOSE4 BANK PROIECTION, (BY OTHERS}, SEE DETAILS I & a SHEET 6. ~ L7 - N 5310'OY E .164:0 ~ CURVE DATA TABLE - ~. 14 EXESTINC 100 tR FLOODPLAiN PER FINAL 8LOC1( PUi. L8 N 531D'DY E 307.29 CURVE .RADIUS ARC [ENGTH DELTA ANGLE LOTS 1 THROUGH 111 AND 5 EXISTING EROSION HAZARD SEI6ACK PER FINAL BLOpC PUT. L9 S 14'08'53" E 166.00' C1 250.00'. 155.90' 35'43'44" ~ fl uD N 647x'15' E sa.a1 C4 700.00 seta` D6'aa36" COMMON AREA "A" (OPEN, SPACE & DRAINAGE) d' POST DEVELOPED 100 YR FLOGDPLAIN LIMITS. Ltt N 5310'OY E 342.11' C5 250.W' 133.47 3035'22" A RESUBDIV45[ON OF A PORTION OF BLOCK 16 OF POST DEVELOPED ER~fON HAZARD ABACK L12 N 5238'1Y E 574.31' C7 200.00' 169.13' 48'27'08" CONTINENTAL. RESERVE AS RECORDED TN BOOK 53,'Md~, PAGE 35. 19 EXISTING BANK PROTECTION - TO BE REMOVED. L15 N 24'15'44" E 87.63' C8 NIMB#R NOT USEC O BEING A PORTION OF THE SOUTH 34 OF SECTION 26 Lib N 5310'OY E 179.36' C9 250.00' 48.59' !!'08'08' S IYfe~mAaW'etdpt..k PROPOSED BAtWI PROTECTION, SEE DETAILS K g K1, SHEET s. ~ ~ Ac THE NORTH l4 OF SECTION 33, T12S, R12E, G&SRM, ~, S L17 N 5310'07 E 205.00' C10 181.00 261.27' 89U2'10" MMA 03osz-D2-24 ~ pOSS BARRICADES'PER PC/COT STD DTL 106. L18 N 36'49'53' W 276.22 C13 25D.00 126.13 2fl54'23" ~~ fl2~s0/aT TOWN of MARANA, PIMA COUNTY, ARIZONA 016NOItFNC PIA49IIN0 ENWAOXIANTM. 91RYEYlNC WAkR tlESGIMQS /Nw~ 900 E tN4tnae R.1 SM NO • T~swn, A2 89719 • i9 (ffia)192-2AO • Ta '~) PB2-t2B0 L19 S 3649' E 19245' C14 100.OS 7813' 44'45'54" Os/22/03 Scale t' * 47 CowiOUR tNTERVAI: t' SIEE'f 3 OF 6 a • U 4D' ~~ (4 104 \ ~f9a n c _ ;~~,\~ O ! / ~ ~ ~ ~\5 / ~> ~ i ~ ?~, e 1 Y \` .~, ,~ r ' 48678.3 I \;' iP t,R \ \ \ R \ R ' \~ /~ \ \~ en xn~1t . u /---1 11~__. Z ~ f I f - Ti ]METER \' ~ l PERIMETER - 1 + ! --.~,~ - "~/ //'` ~ 1 o` a \ ~ PER EIER f ~ i } ~ ! ~taxse - =`e _ `~= j ! f L 32 2 :... -~ / L ~~/,~ _~ // '~. i ~. t( , ~O T wA /, gFEl Z1920R+ f ',,\ S 895'21 W 5102 v ~6-3658'Z8 ~ /""- l-_-,- .. / ~ ` % ` - s - ! / , , _ rh ~ ~i ! ~ . 1 ~ _ - _ - - - - - _ ~ - --3 s ,' - - .r - - -, x a ' '~-`0--t ~~~- ~B"2t'57 Yl , {`-~s`/.,__- '- ;!J~~~ ~. ;~ - t' `i ~ i ;'; T' ~ 8 1~ ; % ~~~... TbWN~QF MARA44A....-' ;RE 0'~' T2vYL;4e9n / ' i~ ;i •+ i \ \ 8 't4 ~ j / 4 v n" _~ c .v , It t s~-;~ /.,'° . _ ~ /f %- e, ~_ ~ 1 xa ~ \ EXISTING EIECTRICN. , . , ~ ~ ~ " t ,~ 1/ ~ ~ I , ~~ D2.4NSM FA SEE SHEET 3 f1 i ~i+ `'\ ~~~ '. / ' ;~ r ~ f,\ 43 i. C'A'~("ii ,`': j/ /r ~l' f ` ~ f+' / 3/ ra` ~\ r sv1) ^-- t r ~ 3J !- 3 ° ~ (R,+t''y (( ~~' ~-:.. •IM/ 40 i e / ~ ~ f~ ~ i \~ / 1 r-~'k Lh00 ~ ~ ~ ~ ~ Imo`, '~ A 1 ~ ~ r ~ r YYY ~ f ~ `t v, ~ : ~~t / ~ ~ ~ 11 - `~ i ~ ~ uJ TS IN ! .', + ° 44~/r\ 1 ~~ ( /~ / /. +e t,. 7~0, \ ~. ~+. ~ ~ A _\+~~'-4bi\. ~ - f ~;~{ M 1 4 / lr / !r v1' 7200.0 SF ~ " ~' '~'. L m° - _ 78 .' '- f J ~ oy ,r> ~~ . ~! 80:_ y ~ Ca / / •\. C ONE ii '; i 20' PAD=90.2 ~ ' ?7g ~~ : 7'~DO$ $F -- ~°~+ +'~ C~ ~I E j NE ~i k6 ~0 72031 SP ~ ~ © \, i , ~. /~ 2Zgf , i ~ / / ~- PAD 904 `.. / t v,\\ '~ ! ~ +a4aas9 I ~ ~ /1 ~ P =927 ~ Q"r / C0. ~ MHg _ o ~ .- 11t62.8 SF .~.. f . t ~~ ~ m ,^-_~~ v L..~ i ~ r ~ ~', 7 , 79 'zo INS 37.5 b PAD=9o.a\ \~. ~ r'.t ,,.~ ~ ~. yl 720 SF ! ' / , w° 72661}-8£ ~ ~ C ` h ~ iq~'~ / , i ~ - ~ /' ~ o PAD~.2 1 ` ~/E ~ ^ ~ ~ + ..PAD=91.1 j .aN=. ~a `\ ~, / . ^ \ \\ -lt ~ o 7200.0 SF ,~ ~ I t ~' ' r 90.20 ~' ' o 98 4\ ,t ~ ~ ~ ! j I .! ~' PAD=93 n t?0' ~ u ~ i i ~''~ 72424 SF `, \c ~ ~ i ~ ~, i J { ~~ ~ FFE=9 .07 / ~ y , j ~.~4\ ~ i ~ >~ I ~ ~"~ ~ o S?~` * PAD-90.8 3 / f cfs/LOT ~P u 7200.0 ~' I. L~a~ _ «, 1 m PAD=92 ! }"` I ~ J 7200.0 SF _ ti ~ l ©' p o- ~ , e(9 _ ~ ~ I C r ~ / / & ~ cR, E ° ~ ~ PAD=91.9 ~ a ' ~ t \ }4 \'L \ °~~y 1._._. ~3 ~~"" O ~~1 r ' ~`', .~(~ `r "~ ~ "`0 ,y,-29cfs _ 1 ~ °o• 9~ 1 i d ~. 200.0 SF/ ®2K ct$ L~~.' ~ ~ , n ~~ d © ~ g,. 9 \ 172600 SF p -_ J' C ~_ ~, , i ' ~ ~ bfs OT yy 1 ~xxi`.i2":i § /PAD=94.7 4 1 7 ~ ~ ~w~s ~ r~r ~ ~r - p ~'0 - "ti/`e~ ~;PAD-0D.? i', e B FFE=94. 5 : + s ~ 9 i ~ i ~ ,~ ?a ~o j t " \; ' _ / s J ;x ~~a ~~ ~P ~ ~ y w ) A0=93.2/ f j. ~ ~ - ,% ~ ' 26D.0 SF ° tG,~^ . ~ ~ v~' l '~~0 ~ ~~~ ~.~ ~ ~ "?"~7cg )! ? z0' i ~f c f i ~ z1 s4 "~ ~ , ! aD..92~z: .\-, ~\ so\ ~ 981 , /, , i V ^ p- 72DO D SF ~ . 1 1 S,'4 ~ ' ~~' ~~ A' I °~ ~ 72 .0 SF ~ ~ r ! ~, r r t 7 C 1 ~~ 1 A'1- 9: /r L i t ~ ~ ~ ~~955 ~ r ~ `~'1' ~ y Id /~o- ~ 90 ~~~ L ):' ~ ~ 7 r ~~ v~4 7~,H6~q:9~ ° ~ ~ ? 2 10804.4 SF ~ d A O p ~;. / \' ~tii t { i ~ f t o k i r ~ r ) ~ , ~ ,'t '~ :: 4 ~I ° ~ i2650 0 SF ~ ~. '' PAD=92.0 ;\ ~ ~'~ ' so. 95 ~. ; ( i 0' l ~ xr.- s3 ~ ;i/ 4 r i / / ~ ':,' PAD=93.3 .~ • AO P \ 7294.0 $F~ //ff ' / i C ~ --l`L~., ~ o- ,\~i`~ PAD=88.5! ~~~ ~ /7200.0 sF ° ~ y ~ ; r ~,1 /' ~ /o l ; 7200.0 s1' h f \i %/v r ~ f FFE=96.7. / 1 ~ R5T ~'~~~~-~ i': 1~ / !~~t~. ° 7~~ t0 ~ ~ w/',. PAD=91.4 \\ t1. '~ a;\ BZ<~ r ~,~ 1cfs. ; ~ 7, NEW MH ~ ~m 3 +x p ~,A. 7rA=~ v '"~ ~ ~ / ~~ ~ 1 ~~ ~ ~~ PAD=~4~ ' ~ ~ ~ ~~ 0 ~' J+~ ~ ;. ~i . ,pSi ~[ ?0"~ M=949 5 ~ '~~' v ~ FLOC ~^~ =67.D 72172sos~~~ ~ ~~~ ~ ~~ ;~~~_ ~~.Q~ ~ o ~ ~ ~~ ~~ 92 '~~ ~ ~ ~ t ~oo% RI %~ G-- r/ r/,' t Bi ~ , j r , \ + r S ~C 9806.1 SF ~o '',720D0 ~, '. ` ~' 1 m , r 918811-$F_.~ {n t ~ 1~ / f/r.. f, ° 7?a, if PAD=94.5 kA0-90.51 i i ~~°~, 7.SPL •~ &S ~ ~ PAD=96.5 f ~~ ^, ~ ,, ~ ~~ ~ ~ i w' SA ~ ~ tr . '^~ ; ® g5~, ~ i ~~^ FFE 97.17 a9t96(a~ 195.80' ~ ~ l "'tCa ~~ r ~! ~'~ 720aD SF' ' r '~,.~J/ °! '~ --•. /~`L° r ~~ir ~ SCU I !m PAD~92.fd ~ 1 ~~ s i / R ~~0.~1I . ~, B7.) NEW MH .: 88,' ! ' ~' .24 © RiM=95 ~ 'o (RSO' / J ! ~ ^.f 4J f %l d ~ / `~ ~ a IOC 131° i ~ ~~~ ~o ~ ~~ ~ ~ 1228'/ ~ r! 145'. . ,~ ~ ~ // Ri~~ ~- j?Q ' `/ ' ~ '0 l _ - ''~B. 93 ! .. _ 'r; R5o i 1 , 37 504716 . ~ ,/~ ' /~-'~ / ' ~ 7223.9 S}' ~RSd 8~'. ~- m ~ ~ ~. , ~ ~t0234,8 SF ~ ~ / ~ ~ / / ' PAO 95.3 i 13238.8 SF~~..., PAD=91.1 `` s ,yl J+ I n ,I i 26 \: ~Ir. V,•' i ~/' \ V ~x/ ~865a1 {/ .0,~0 jf PAC=9T.0 ,~ r S +f ~ , i._ ^, ^~I ~~. PAD=96.5 ~ ,~, Q/, Rp',: 6^ / ~ PFE=67.87 0' i,~~ ~ / ~/ ©t~EW M ~ ,.. ® ,` \~, ` i,_ ~J ; L-33.16•/ /' o H \ © ~ . / 'I ~ I i ' ~ 7?4 RIM=9 8 +o ~ \ e y `~ g¢ ~- ~ /. 10` W .0~ '/ lNV 86 ; 9500'..:-,. Z5~'f.'h'9F` ` - / ~, ~ . f t ~ ~ ~ , , ~ j I j ~ }y{}y~~1,,' 1~ ~ ~ _ ~ ~ ,~ Pao=61.5 1 ,. { L=18.0~1_ ,7V.. '. ~ry~ ../ s~rr.c3t 7 I~ / / /~ ? ~. i~ 12443:4 SF ~ ro .psi ,. yam' ®r, -- - ~....--- ~:1 ~111'24'5~~y i ~ ~ ° ~ ' `}~ ~ ~ ~! ,1 / ~ j' PAD=95.6 , ,l ` ~ °o Rx , ~ ~ 87 ' - - ,/ i+ ~pp f ~~t ~~ f ~ ~ ~.' ~ `~ / t~1916.0 SF -w. .2~t°~ r . I FNY ~. 1 \=99ej ~y~ .'~ ~~ •'' / . /,` ~ ~,~ 'Oi~` yo, PA~1--980. ,~` >S,o i! - 578 0 ~; SEMER UN E DATA LINE DISTANCE PIPE SLOPE 0 437.5 LF 8 PV1; 1.15% 817 220.97 LF 8 PVC 2147+ 8 153.21 LF 8 PVC 214% 819 426.76 LF 8 'PVC 2.00% S2 276.00 LF 6 PVC 2.00% 821 350.32 LF 8 PYC 1.00% 86.48 LF 8' PVC 0.5D% nlss LF awe D.Sm, tl~ ~ ~ ~ ~ °'st~g4~ PRV-031O9p PRELIMINARY PLAT,FOR ~ CONTINENTAL RESERVE > r BLOCK .16A 9 75'.BU3LOING SETBACK PER.BK. 53, PG. 35, 101~MAIN. ®1 EASETENT FOR ELECTRFCAI TRANSMISSION FACIIitES O PER DK. 5s, PG. 535, m REMAIN. LOTS 1 THROUGH 111 AND ® DEtNr sENSITrvE AREa PER BK 53 Pc 35 To REMAtN ~ CURVE DATA TABLE COMMON AREA "A" OPEN $ ~~ ~+ ~ ;~ ( ~ ' ~ iJ1 2Q 1' NO VEHICtRAR'AC~SS EASEMENT (BY FSNAI PLAT). 10' Pl~l.[C UTILITY EASEMENT (BY FINAL PLAT). ®EXiS7ING 1DD YR ROOOPLAIN PER FINAL BIOClf.PLAT. ~ EXISIIF~ EROSION HAZARD SETBACK-PER F1NAl l9-OCK PLAT. .r' f ~ n v ~M V 10' TUCSON GAS, ELECTRIC L[GNT 8 POWiSt EASEMENT PER MISCELLANEOI~ . ® POST DEVELOPED 100 1R FLOODPLAIN LIMITS Z 5o RECORD ~C 76, PC. 584, TO REMAIN. BD' EL PASO NATURAL GAS EASEMENT PER DKT 6468 PG 7ft TO REMAIN aj POST DEVELOPED EROSION HAZARD SETBACK. . , . , ®6' HIGH STEPPED PERIMETER MASONRY WALL PER T(N7GV OF MARANA © 25 M.SLBT. EASEMENT PER BK. 70, PG. 318, TO REMAIN. STANDARDS & THE CONTINENTAL RESERVE DESIGN (41iDELINES, O7 2O' atIVEWAY EASEMENT PER DKT. 8651, PC. 989, TO REMAIN. SEE DETAILS A & B, 94:ET 5. Q PROPQSED BANK PR0IECT[ON SEE DETAJLS N /k N1 SHEET 6 5D' BU]LDING SETBACK PER BK. 53, PC. 35, TO RONAIN. , , . r 1~1 SEE (NAIL "H', SHEET 6 FOR SCI~PER DETAIL. ~ LINE DATA TABLE PROPOSED BANK PROTECTION, (BY OTHERS), SEE DETAILS I rr a 9~ET 6 . .:rRrnslkWfe9t~tk ML4.A 03022-02-24 . EN6INEBONO ~ PI,NrNalO FNMIAOM,FTIfA SVRIFEY[NC WA1lR BESO9Rf6 ~ . eo9 a wsm. RA ue N9 . , u ~ro • ra (~, ~aa-xm9 • F~ {~o} 29z-1s9e UNE BEARING DISTANCE' L4 N 15'51'07 E 493.94' L14. N .24'1544' E 317.84 L15 N 24'15'44". E 87.BT Li9 S 36'49'5 E 19245' E20 S 36'49'53 E 197.92 Ct1RVE RADIUS 'ARC LENGTH DELTA ANq.E C3 t00.OD' 78.t3' 4445'54" ' Ci2 100:00' 78.13' 44'45'54° CI3 25D.ao 12613' 26'5423" Ci4 7~.G0' 78.13' 44'45'54' CI5 200.00' 700.90' 28'54'23' C16 f00:00' 7&1 4446'54" ( SPACE do DRAINAGE) ~ A RESUBOIY[SION OF A PORTION OF BLOCK 16 OF CONTINENTAL RESERVE AS RECORDED, IN BOOK 53, M8d', PAGE 35 BEING A PORTION OF THE SOUTH fg OF $ECTlON 28 Y & THE NORTH ~ OF SECI]ON 33, 1125, R12E, Gd6RtA, 3 REVISED: 02r~ TOWN OF MARANA, PIMA,; COUNTY, ARIZONA RE"sco: n/1a~ , ___ 09/72/03 ~ SCALE; 1' = 90' CONTOUR INTERVAL• 1' SFEET 4 av 6 c: • R/W R ~ I 75' PUBLIC R/W (BK 53, PG 35) j EXISTNG ~ 37.50' ~ 37.50' EX[STIN6 j I f0' PUE a 7.5 6' 4' . 7 5.3 it 1Y 5.3' T 4' 6' 7.5 ff B PUE 3 I ILANO - BIKE BiKE L4NDSCAPEI I EASEMEN LA1~ 4° A.C. I UI~ EASEMffNT I _L____ 7q w_ 2% __,I_ v iurw RIMETER 6 ABC ° / MASONEjY WALL 8'•MEANOERING ONC" T PER TOWN ~ S E ER dt GUTTER PER PACTED C RB . MARANA SiD'S.di CONRNENTAL PC/COT SD 200 PC~COT SD 2D9 (1994 EDITION) (1$94 EDITION} ~ GUTTER PER ~ - PC/COT SD 209 RESERVE DESIGN (1994 EDITION) GUIDELINES n CONTINENTAL RESERVE LOOP ~ EXISTING STREET SECTION NTS RW RW ~ 75 PUBLIC R/W (~i 53, PG 35) ~ I EXISTNG 1 ' ~ ' ' ' ' EffiSTING I ' ' ' ' ' ' I 6 PUE & 17.5 4 10 T 5.3 t 7 EL ASFNEN BiKE I ' 12 5.3 .T 4 6 7.5 110 PUE ip BIKE ILAtA I ~~. 4 A.C. ~/~ I rcNlMUCN MASa4RY WALL. 'MEANDERING T RB ~~ „~~ MPACTED PC/COT SD 200 (t994 EDITION) ~ TOWN ~ ' SIDEWALK k GUTTER PER B A MARANA STO S & pC/COT SD 200 PC/COT SD 20A CINdC VERT CURB CONTINENTAL (1994 EDITION) (1994 EDITION} & GUTTER PER RESERVE DESIGN PC/COT SD 209 GUIDELINES (1994 EDITION} ~PIIAA RESERVE DRIVE u EXISTING STREET SECTION NTS R R/W . i to' 4r PUBLIC R/4V 1p' I IP.UE BYBY ~ ~ +P.n.E 8Yry , C TYPICAL CROWN STREET SECTION . PUBLIC STREETS .... ..NTS .. R/W R/W I .tO' PUBLIC R~tl {WIDTH VARIES 5t.4' M[N1MUM) }D' I P.U.E BY P.QE BY TTY I PuT I ~ 1 PLAT I C~1Ml~ WAIL ! 5, 16'+ 8' ifi' S' ~ WALL G A 'A 1 _ 0.71 "~ C. A. 'A' 242' /~ ~~ (~(T1'PE~iC) ~ C Vs7tTICAL CURB PC COT PC/COT SD 209, (20D3 EDITION} SD 2O9 TYPE 2 (2003 ErotTioN)) } ~2~D3 mmoN} ~TYPICAI ENTRY ROAD ,~ V REFER TO C.R.H.D. DETAILS D-i - D-4 FOR ADDITIONAL IN FORMATION N75 (PllBLIC STREETS) lGaAAadMaOy[Memt4k. NLLLA 03022-02-24 [N%NFfRIIW PL4NNUtG t:NWRONIENTAL 91R4EYINC • T914Tt RESOIIA(ES . BOD E TlNintte Ry ~ 110 • Teaaa, A2 (b7N • Td (520} 292-ZWO • Fa {52Q) 292-128P RETAINING WALL RETAINING WALL SEE IMP PLANS) SEE IMP PLANS) PAD EL PAD EL PAD EL PAD EL: 5' MAX. 1 ' MAX. ` OPTION i OPTION 2 CONTRACTOR'9 OPTION FOR RETA[N1NG WALLS NOTE: RETAINING WALL DESIGN BY~OTHfRS~ nRETAINING WALL DETAIL V (SEE IMPROVEMENT PLANS) NTS R 1.0 PAD EL PAD EL. 1r ~ ~~ _ \,A. ' ~ PAD TO PAD GRADING BACK TO BACK NTS yR __... a + ~t• M X ~ ~yc ~"g~ < g fi' HIGH x 2' NG WALL OPENI . ~ RIP-RAP W FILTER FABRIC EROSION b PROlECT101 5' I NP FACE CF CARPORT- &11lDINC GARAGE ~ r 1%:MIN ENVELOPE ( i T ENV 1 5 ~ 10' PUBLIC UTILITY ~ I BUILD[N11 I BUILDING ' EASEMENT- ~ ~_ Z ENVELOPE Z z ENVELOPE Z ' ~ 5' SIDEWALK ~ I I / I ~ ~; ~ N I ~+ . ~ - b - FACE ~ HP UNLESS - ~ OTHERWISE T OIHERW'ISE HP NOTED GARAGE HP NOTED _ _ - R W ~CUR9 5' SIDEWALK - _ ' SiDEWitI_N ~ ~ - k -~ TYPICAL LOT TYPICAL CORNER LDT CURB S1REEi GRADE STREET GRADE ~ nrs • PAD + 0.6T = FFE + PAD + 0.6T = FFE TYPICAL LOT SETBACKS TYPE 'a' TYPE 'C' _ __. n rs REAR TO FRONT .. FRONT TO REAR "\ ~. ~0 MATf.H 3 V W N N4T€ /~ VISIBIUTY TO BE MAINTAINED BETWEEN 7U( 30" & 72' ABOVE piOUND LEVEL FAR SIDE NEpt Slf1E "F' ~ °N' iRAfF1C FLOW ~ICAL ~TRAIF[C FLOW GUTTER LINE TYPICAL ; . VEMCULpR SIgiTVISIBILITY TRIANGLE ~SIGMT VISIBILITY TRIANGLE DETAIL TACTILE WARNING DEYIC§TI $ ~R'LA~S IN ONC ~ .J4 INANJ.~ ro DEP. FA 5~TM °" ~TACTItE WARIDNC DEVN~ (S'{P} ' 2' APART. 1/4':WIDE, '. CURB (~) ~ ~~ ~ ~ ~'~ ~ ONC ~ - ' ' ' t/B" DEFP. GRODIES MAY ~~WARP TO~MATCN ARAR1, t/4 Y40F .~ , .. 2 " ED. -. (iE OJT OR TOq ~ ~ 1/2' B[TIAAINOUS ~ t~T3 DEEP: GROOVES MAY , . .biNT F7ElER 8E CGT Oft TOOLED. MID BLOCK DETAIL CURS RETURN DETAIL. NTS ~ ~ N15 ~B ACCESS RAMP -- REFER TO PC/COT SD 207 NTS PIMA RESERVE DRIVE LOCl~ STREETS: 'F" = 190' 'N° = 240' wTs PFMA RESERVE DRIVE "F" = 470' Tl" = fiOD' ~ 60' EL PASO NATURAL GAS EASEMENT t ~---. PER DKT 8468, PC. Tt1, TO RE1dAIk COMMON AREA A" I I ` s' zo' ~ ~ ! to' TuaoN cAS, ELECTRIC i_.___-- ~-"I ~ F I I I I WONT 8 POAER EAS]EHT PER 10 I I MISCEI1ANEg16 RECORD ~ I I ~ ~~ PG ~,'TO REMAIN i '..27. MAX L GRADE ~ ~ ~ ~ I I ___~i__ _ -- -~.J_____t_S t: ---- ~a 6" COMPACTED z ~ GAS LINE ABC PEk S.S.P.I. ~Q SECP:a~ 3G3 / 3' __CXiST~ WALL ~ DRAINAGE Gh" 1ItJ~ CROSSING (TYP 80Th SIDES) n~ISECONDARY EMERt;ENCY ACCESS. `J NTS PRV=03t09p PRELIMINARY PLAT, FOR CONTINENTAL RESERVE BLOCKS 16A LOTS 1 THROUGH 111 AND COMM~J AREA "A" (OPEN SPACE & DRAINAGE} A RESUBDIVISION OF A P~t1TON OF BLOCK 18 OF CONTINENTAL RESERVE AS RECORDED [N BOOK 53, M&P; PAGE 35. BEING A PORTTON OF THE SOUTH 14 OF SECTION 28 & THE NORTH !4 OF SECTION 33, TiZS, R12E, G&SRM, g~~0: 02/20//00q TOWN OF MARANA, PIMA COUNTY, ARIZONA ' REVISED: 11/79/DT 09/22/03 SCALE: 1" = 4fY CONTaAt INTERVAL t' SHFET ~ OF 6 n PROJECT ENTRY LAYOUT ~ IXkVTINENTAI RESEP,VE HOME&[IIDERS DESIGN GDIDE (C.R.H.D.). DETAIL D-2(1). NTS REFEP, TO C.R.N.O. DETAILS D-t,- D-¢ Fpt A~ITIONAt INFORMATION _ (PJRLFC, SFREET) • CONCEh1TRATION POINT a,x (cfs) EFFECntiF OPENING NTH TOTAL 9t LENGTH NIRABER of CQLS cEU W(DTN EP GRADE D2 4 aft 5ft 1 aft 77.82 D6 21 17 ft 4t ft 9 O ft 72.82 D9 2t 34 ff 20 ft 5 3.4' ft 75.81 Dta 16 29 ff 36.5 ft 8 4 ft 71,07 D12 6 tO ft 12 ft 3 3.3 ft 68.42 Dt3 it 9 ft 11 ft 3 a ft 87.02 D17 B Eft 7.5ft 2 -aft 78.97 D20 34 27 ft 32 ft 7 O ft 67.72 n CONCRETE'SCUPPER DETAIL` MAG STD"DTL 206-2 .' - NTS RI [ I t001R I i~/J__ VARIES .~~ 2% 1S'.IiAX ~'~ ~~ ,\ T MAR i ~ 7 ~: ~ ~ J ~ l ~. t ~ ~ ~ •~ VARi~ _ (' 8• W 3' MIN. i 6•z6 WL1zW2.1 WWF n BANK PROTECTION DETAIL ;, .. ,n SFF GRADING PLANS ~ ~ NTS ~- ~~ i' ~6" CONQ3ElE W/ 6`x6° W2.1xW21 WOF --~-~' ". vutlls s MIN, L n°BANK PROTECTION DETAIL -. x~ i ~/ SEE GRAD]NGPCANS ~ NTS ~" .., BAST N ~ 2 3 4 wlD~n 100' . 3a' 3a' loo=rn la.s..L 7a7a efi.oa 7s.aa TOP ~ V~IR 71.33 B6.9a 76.50 EtOWLINE OF WE[R 71.30 88.05 .76.44 BASIN FLOOR . 68.67 64.15 74:70 n TYPICAL:OUTLET WEIR DETAIL :. i~ ~ ~' lAT 15 1 1 'LOT 1.4 ', LOT J2 LOT T7 LOT 10! LOT 102 PRV-03109p I 1 I i 1~ 1 PRELIMINARY PLAT FOR. I COMMON AREA 'A° , I COMMON AREA "A° , I ~ ~ °A° ~ CONTINENTAL RESERVE 1' AC.E ~ 25' { _ 1'. A.C.E 1' AC.E. , 20' I 1' A.GE 1' A.GE. I 15' 1 1' AC.E. `~zc,m~- 3• -~~rrirr• I . r s -7 ;t ~5 --~~ ; -~i ~ ~---- ~ ~ ~ BLOCK 16A l " 0.84 Q,,,=4 cfe Nso o3o ~ . 0,;,=21 cfs 0 t zs Ml ' N 0 0 ,nn=12 cfs N-0.035 TOTS T THROUGH l11 AND t, t l . V~1.9 fps - . . . 3 1 V 2,1.fps.:. t.zS N[ p v 3.o ryls ROCKLINED: 0~-6", COMMON AREA "A" (OPEN SPACE 'dc DRAINA(~) , . M CHANNEL 1 ~ N CHANNEL 2. T-- 12".TH[CK w/ ??!TER FABRIC A RESUBD[V[SION OF A PORTSON OF BLOCK 1fi OF O CHANNEL 3 _ CONTINENTAL t?E~ERVE As RECatpEO IN Boat s3, Mt7P, PAf~ 35. -- ~~ (C.P. D2) N75 NTS (C,P D9} (C P NTS Dt6) BEING A PORT[ON OF THE SCU1H K OF SECTO Z ~rem~l'aerAF~,,N< . . . . N fi & IHE NOR1H S4 Of SECTION 33, T12S, Rt2E,. G&5RM, NMA 03022-oz-2+ @!(IN6 • ~ PI.NtdN6 ElriR101Artt1TA • 9ANEYfNC WA79! RFSOURC:S ~ ~ - REYISFD:. ~~/0+ ~ TOWN OF MARANA, PIMA COUNTV,;AR120NA REVISED: 17/14/0.5 WO E MMiiroe Rd Se Ito • Tnan A2 X719 •. Td 1520} 782-2300 • fm (Y1D) P92-1290 ... ~ L~ W/Yt/03 SCAIE: t' = 40' CONTOUR INTERVAL: i' SHEET V OF 6 SO'wN OF TOWN COUNCIL MEETING TOWN OF MARA1vA . 9 ARa, ; INFORMATION r~ '~RRONI` MEETING.DATE: Apri16, 2004. AGENDA ITEM: IX. B. 2 TO: MAYOR AND COUNCIL FROM: Dick Gear SUBJECT: Ordinance No. 2004.01: Relating to Annexation; Extending and Increasing the Corporate Limits of the Town of Marana, Arizona, Pursuant to A.RS. § 9-471 by Annexing that Territory Known as Saguaro Ranch East. DISCUSSION The Town Council conducted a public hearing for this annexation on November 4, 2003,. and. staff is now requesting Council action. The proposed annexation comprises approximately 422 acres of land bordering the eastern foothills of the Tortolita Mountains and north of Tangerine Road. The Town has received signed petitions representing over SO percent of the property owners and over 50 percent of the real and personal property value. The 422 acres are zoned Pima County RH (Rural Homestead) and will. translate into the Town of Marana zoning of RD-180 (Rural Development). All notification requirements have been properly complied with for this annexation. The annexation meets the requirements as set forth in A.R.S. § 9-471 (annexation statutes). This is the final step of the annexation process for the Town Council. According to the Town's annexation requirements, the thirty-day waiting period after the original blank petition was recorded ended November 10, 2003.. The Council can now approve. the ordinance annexing the area into the Town of Marana. . RECOMMENDATION Staffrecommends approval of Ordinance No. 2004.01, the Saguaro Ranch East Annexation. SUGGESTED MOTION I move to approve Ordinance No. 2004.01. BLUSaguaroRanchEastAnnex.doc FJC.•DG 3/29/04 • MARANA ORDINANCE N0.2004.01 RELATING TO ANNEXATION; EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF MARANA, ARIZONA, PURSUANT TO A.R.S. § 9-471 BY ANNEXING THAT TERRITORY KNOWN AS SAGUARO RANCH EAST. WHEREAS, petitions in writing, accompanied by a map of the real property sought to be annexed have been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of more than fifty percent of the value of the real and personal property and over fifty percent of the persons owning real and personal property that would be .subject to taxation by the Town of Marana as shown by the last assessment of said properly, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property be annexed into the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation. petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 422 acres; and WHEREAS, the Saguaro Ranch East Annexation is an area within portions of Sections 17 and 20 within Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and ORD 040406 Saguaro Ranch East Annex.doc FJC.•DG 3/19/04 WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after any petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classification of the property prior to annexation was Pima County Zone RH (Rural Homestead). In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the properties will translate to the RD-180 (Rural Development) zone in the Town of Marana's Land Use and Development Code; and WHEREAS, the provisions of A.R.S. § 9-471, and all amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the Office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the Office of the County Recorder. - NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that: - SECTION 1. The territory Down as the Saguaro Ranch East Annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. SECTION 2. A copy of this Ordinance, together with an accurate map of the territory hereby annexed into the Town of Marana, certified by the Mayor of the Town, shall be forthwith filed and recorded in the Office of the Pima County Recorder. • ORD 040406 Saguaro Ranch East Annex.doc 2 FJC:DG 3/29/04 SECTION 3. The zoning classification of Pima County Zone RH (Rural Homestead) • within the annexed area is hereby changed to Town of Marana Zone RD-180 (Rural Development). SECTION 4. On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded. and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the Saguaro Ranch East area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • ORD 040406 Saguaro Ranch East Annex.doc 3 FJC:DG 3/29/04 BLUSaguaro Ranch.doc to N of TOWN COUNCIL MEETING TOWN OF MARANA ~ - ~ , v R ~ INFORMATION MEETING DATE: April 6, 2004 ; AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2004-42: Relating to Development Agreements; ..Approving and Authorizing.the Mayor to Execute a First Amendment to the Saguaro Ranch Pre-Annexation Development Agreement. ..DISCUSSION This item relates to an agreement affecting a portion of the Saguaro Ranch East Annexation area which is on the agenda for separate consideration at tonight's meeting. This item would authorize the execution of a First Amendment to the Saguaro Ranch Pre-annexation Development Agreement with the developer of the Saguaro Ranch project, extending the benefits. and'burdens of the Saguaro Ranch Pre-annexation Development Agreement to those portions. of the Saguaro Ranch East Annexation Area that are owned by the developer ofthe Saguaro Ranch project. RECOMMENDATION Town staff recommends approval of Resolution No. 2004-42 approving and authorizing the execution of the First Amendment to the Saguaro Ranch Pre-Annexation Development Agreement. ., SUGGESTED MOTION I move to approve Resolution No. 2004-42. FJC 3/29/04. r~ ~J MARANA RESOLUTION N0.2004-42 RELATING TO DEVELOPMENT AGREEMENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE SAGUARO RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT. WHEREAS, the Town of Marana is authorized to enter into development agreements and pre-annexation development agreements pursuant to A.R.S. § 9-500.05; and WHEREAS, the Mayor and Council of the Town of Marana find that entering into a pre- : annexation development agreement providing for the expansion of the land area covered by the original Saguaro Ranch Pre-annexation Development Agreement recorded June 27, 2003, in the Office of the Pima County Recorder at Docket 12081, page 8329 (the "original PADA") will promote the public health, safety and welfare by facilitating orderly development that pays its fair share of costs toward public services needed to serve the development. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving and authorizing the Mayor to execute the First Amendment to the Saguaro Ranch Pre-annexation Development Agreement in the form attached as Exhibit A to this Resolution, and authorizing the Town Manager and-Town staff to undertake all other tasks required to carry out the terms, obligations, and objectives of the Development Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF n7ARANA, ARIZONA, this 6~' day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040406 Saguaro Ranch.doc FJC 3/29/04 TOWN OF MARANA FIRST AMENDMENT TO SAGUARO RANCH PRE- ANNEXATION DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO SAGUARO RANCH PRE - ANNEXATION DEVELOPMENT AGREEMENT (this "First Amendment ") is made and entered into this 6"' day of April, 2004, by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation ( "Title Security "), as Trustee of its Trust Numbers 785, 786 and 787 only and not in its corporate capacity, and SAGUARO RANCH INVESTMENTS, LLC, an Arizona limited liability company ( "SRI ") (collectively, the "Developer "). RECITALS A. The Developer is the owner of approximately 407 acres of real property, located within Pima County, Arizona (the "County "), as legally described on Exhibit "A" hereto (the "Saguaro Ranch East Property "). B. The Saguaro Ranch East Property is a part of a larger project known as "Saguaro Ranch" (the "Project "). The entire Project consists of approximately 1,033.5 acres. C. The Town has initiated an annexation process by filing a blank annexation petition (the "Annexation Petition ") with the Pima County Recorder consistent with the requirements of Section §9471 of the Arizona Revised Statutes and all other applicable laws, ordinance and rules (the "Annexation Laws "), to annex the Saguaro Ranch East Property and property owned by others into the Town. This First Amendment shall only apply to the Saguaro Ranch East Property and not to the property owned by others. D. The Town, Title Security, as Trustee of its Trust Numbers 773, 785 and 787, and SRI previously entered into a certain Saguaro Ranch Pre - Annexation Development Agreement executed June 17, 19 and 23, 2003, and recorded June 27, 2003, in the office of the Pima County, Arizona, Recorder at Docket 12081, Page 8329 (the "Original PADA "). Page 1 E. Section 1.6 of the Original PADA provides: " 1.6 Additional Property The Town and the Developer agree that should the Town annex into the Town any portion of the Project other than the Property located in the County (the "Additional Property"), the Additional Property shall upon annexation be included in the Property and shall be subject to and shall benefit from all provisions of this Agreement applicable thereto, and any reference herein to the Property shall include the Additional Property, and the Town and the Developer shall cooperate to prepare and record with the County Recorder's Office an amendment to this Agreement describing the Additional Property to be incorporated." F. The Saguaro Ranch East Property constitutes "Additional Property" as contemplated by the Original PADA. G. The Town desires that the Saguaro Ranch East Property be annexed into the corporate limits of the Town and become an integral part of the Town, and the Town and the Developer are amenable to having the terms and provisions of the Original PADA apply to and burden and benefit the Saguaro Ranch East Property. H. The Recitals set forth in the Original PADA are hereby incorporated herein by this reference. COVENANTS In consideration of the foregoing recitals, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Developer agree as follows: 1. Annexation The Town, in a timely fashion, published, mailed and posted the required notices to hold a public hearing, and held a public hearing, all as required under the Annexation Laws in connection with annexation of the Saguaro Ranch East Property (and other property) into the Town. Following the public hearing and the proper steps expressed in A.R.S §9 -471, the Developer has signed and delivered the Annexation Petition for the Saguaro Ranch East Property. It is understood by the parties that the Town Council retains the discretion to approve or deny the annexation ordinance. If the Town decides not to adopt the annexation ordinance annexing the Saguaro Ranch East Property into the Town, this First Amendment shall be void and of no force or effect. 2. Original Zoning The land uses that are conducted and zoned on the Saguaro Ranch East Property in the County prior to annexation translate to RD -180 Residential Zone in the Town's Land Use and Development Code (the "Translation Zoning "). The Annexation Laws require the Town to translate the zoning for the Saguaro Ranch East Property from the lawful uses, activities and zoning in the County to Town zoning upon annexation without Page 2 permitting densities or uses that are greater than those permitted in the County prior to annexation. To establish original Town zoning that is consistent with the current lawful uses of the Saguaro Ranch East Property and that minimizes non - conforming uses, upon annexation the Town shall impose the RD -180 Residential Zone on the Saguaro Ranch East Property. 3. The Original PADA The Town and the Developer hereby agree that the Saguaro Ranch East Property shall be deemed "Additional Property" under the terms and provisions of the Original PADA and the terms and provisions of the Original PADA shall apply for the benefit of and burden the Saguaro Ranch East Property as if the Saguaro Ranch East Property had been included as a part of the "Property" under the Original PADA. 4. Notice Section 7.1 of the Original PADA is amended by providing that a copy of any notice sent to the Town be provided as follows: With a copy to: Frank Cassidy, Town Attorney Town of Marana 13251 N. Lon Adams Road Marana, Arizona 85653 5. Recordation No later than ten (10) days after this First Amendment shall have been executed by the Town and the Developer, the Town shall have this First Amendment in its entirety recorded in the Official Records of Pima County, Arizona. 6. Counterparts This First Amendment may be executed in counterparts, with parties signing separate sheets, which, when.combined, shall be treated in all respects as a single document. SIGNATURES FOLLOW Page 3 THE DEVELOPER: TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation, as Trustee under its Trust Numbers 785, 786 and 787 only and not in its corporate capacity By: V , - � C', " Leslie D. Hogg, Trust Officer SAG CH STMENTS, LLC, an Arizona limited liability company By: Step n Phinny, Authori Signatory THE TOWN: TOWN OF MARANA, an Arizona municipal corporation By: Bobby Sutton, Jr., Mayor ATTEST: _ By. Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: By: Frank Cassidy, Town Attorney Page 4 State of Arizona ) ss. County of Pima ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of April, 2004, by Bobby Sutton, Jr. as Mayor of the Town of Marana, Arizona. Notary Public My commission expires: State of Arizona ) ss. County of Pima ) The foregoing instrument was acknowledged before me this 1 day of April, 2004, by Leslie D. Hogg, as Trust Officer of TITLE SECURITY AGENCY OF ARIZONA, An Arizona ca Corp as MS der its Trust Numbers 785, 786 and 787 only and not in its corporate ps l Seal PUBLIC ARIZONA f Pima , . GUARINE ast 1� X007 otary Public My commission expires: State of Arizona ) ) ss. County of Pima ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of April, 2004, by Stephen D. Phinny, as Authorized Signatory of SAGUARO RANCH INVESTMENTS, L.L.C., an Arizona limited liability company. , Public off iciai Seal My commission expires: N OTARY PUBLIC STATE OF ARIZONA CoD County of Pima JOE F. TARVER My Co^l- ss cl Exo!res h!arch 27, 2006 Page 5 EXHIBIT "A" LEGAL DESCRIPTION SAGUARO RANCH EAST PARCEL All that portion of the East 1/2 of Section 17 and the East 1/2 of Section 20, Township 1 1 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the Northeast corner of said Section 20, said point being the POINT OF BEGINNING; Thence S O1 °08'42" W a distance 2235.13 feet along the East line of said Section 20; Thence N 81 °36'39" W a distance of 186.92 feet: Thence S 54 °30'47" W a distance of 139.31 feet Thence S 14 °32'27" E a distance of 363.39 feet to a point on the East -West midline of said Section 20; Thence S 89'44'13" W along the East -West midline of said Section 20 a distance of 1263.58 feet; Thence N 11 °00'00" W a distance of 266.75 feet; Thence N 31 °59'00" W a distance of 327.00 feet; Thence N 13 °06'00" W a distance of 194.00 feet; Thence N 44 °56'00" W a distance of 130.40 feet; Thence S 89 °40'39" W a distance of 401.86 feet; Thence S 41'33'19" W a distance of 118.78 feet; Thence N 60 °26'37" W a distance of 399.25 feet to a point on the North -South midline of said Section 20; Thence N 00 °00'20" W along the North -South midline of said Section 20 a distance of 1320.43 feet to the South 1/4 corner of said Section 17; Thence S 89 °40'15" W along the South line of said Section 17 a distance of 1060.23 feet Page 6 Thence N 00 °01'26" E a distance of 1643.87 feet; Thence N 89 °38'32" E a distance of 1060.34 feet to a point on the North -South midline of said Section 17; Thence N 00 °00'33" E along the North -South midline of said Section 17 a distance of 2971.03 feet; Thence N 00 °01'01" E continuing along the North -South midline of said Section 17 a distance of 659.50 feet to the North 1/4 comer of said Section 17; Thence N 89 °43'55" E along the North line of said Section 17 a distance of 1321.04 feet; Thence S 00 °02'00" E a distance of 2636.87 feet to a point on the East -West midline of said Section 17; Thence N 89 °43'46" E along the East -West midline, a distance of 1323.18 feet to the East 1/4 corner of said Section 17; Thence S 01'12'3 1" E along the east line of said Section 17 a distance of 1320.14 feet; Thence S 01 ° 13'19" E along the east line of said Section 17 a distance of 1320.25 feet to the POINT OF BEGINNING. Containing 18,393,536.685 Sq. Ft. or 422.26 Acres more or less. EXCEPT THE FOLLOWING TWO PARCELS: (1) The Pearcy /Raksanaves Parcel (a) All that portion of the North half of the Southwest quarter of the Northeast quarter of Section 20, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 20; Thence North 89 degrees 42 minutes 16 seconds East along the North line of said Southwest quarter, 629.92 feet; Thence South 12 degrees 15 minutes 00 seconds East, 100.47 feet; Thence South 42 degrees 19 minutes 00 seconds East, 125.00 feet; Page 7 Thence South 08 degrees 24 minutes 00 seconds East, 249.00 feet; Thence South 44 degrees 56 minutes 00 seconds East, 82.60 feet; hence South 89 degrees 40 minutes 39 seconds West, 402.76 feet; hence South 41 degrees 33 minutes 19 seconds West, 121.57 feet; Thence North 60 degrees 22 minutes 35 seconds West, 396.10 feet to the West line of said Southwest quarter, Thence North 00 degrees 05 minutes 34 seconds West along the West line thereof, 388.62 feet to the Point of Beginning.. AND (b) All that portion of the North half of the Southwest quarter of the Northeast quarter of Section 20, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said section 20; Thence North 89 degrees 42 minutes 16 seconds East along the North line of said Southwest quarter, 629.92 feet to the Point of Beginning; Thence continuing North 89 degrees 42 minutes 16 seconds East along said North line, 709.68 feet to the Northeast comer of said Southwest quarter, Thence South 00 degrees 31 minutes 35 seconds West along the East line thereof, 496.25 feet; Thence South 89 degrees 40 minutes 39 seconds West, 504.94 feet; Thence North 44 degrees 56 minutes 00 seconds West, 82.60 feet; Thence North 08 degrees 24 minutes 00 seconds West, 249.00 feet; Thence North 42 degrees 19 minutes 00 seconds West, 125.00 feet; Thence North 12 degrees 15 minutes 00 seconds West, 100.47 feet to the Point of Beginning. AND Page 8 (2) The Schwebel Parcel The South 1644.03 feet of the East 1060.02 feet of the Southwest Quarter of Section 17, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona Page 9 _: ~pWN nt TOWN COUNCIL t ~ _ MEETING TOWN OF MARANA ; , ~ A ; INFORMATION ' , MEETING DATE: April 6, 2004 AGENDA ITEM:. IX. B. 4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2004-41 t Relating to Development;. Approving and Authorizing 'the Execution ; of an Amended and Restated Development Agreement with Best Associates II; LLC Regarding the Saguaro Springs Development Project DISCUSSION In 1998, the Town of Marana and Best Associates II, LLC, entered into a development agreement relating to .the Saguaro Springs development project. In the intervening years, several changes have been made with respect to the project, the surrounding infrastructure requirements, and Town policies toward development. " In connection with the approval of the Saguaro Springs final plat, which is also on tonight's agenda,-the Developer is requesting Council approval of an Amended and Restated Development Agreement for the Saguaro Springs development project.. This Amended and Restated Development Agreement is the product of long negotiation between the Developer and Town staff. Among other things, the Amended and Restated Development Agreement differs from the original agreement by (i) requiring the Developer to structurally reconstruct a portion of Twin Peaks Road that was not included in the. original agreement and to overlay other portions; (ii) referencing now-completed improvement plans that clearly establish the extent of the required improvements to Airline Road, Lambert Lane, and Twin Peaks Road; (iii) eliminating a special $1,000 per unit general transportation fee in favor of the now-adopted $2,435 per unit transportation development impact fee for the Marana South Benefit Area, to be used for the future Twin Peaks Interchange; and (iv) requiring the Developer to make drainage improvements not included as part of the original development agreement. Many other revisions have also been made to conform to new information and clearer expectations about the development that have been made possible with the passage of time, the further study of the property, and interactions with other affected parties. For example, the Amended and Restated Development Agreement includes provisions that carry. forward the Developer's obligations arising out of its newly negotiated agreement with the Arizona Portland Cement Company. RECOMMENDATION Staff recommends. approval of Resolution No. 2004-47, approving and authorizing the execution of the Amended and Restated Development AgreemenYwith Best Associates II, LLC, relating to the Saguaro Springs development project. SUGGESTED MOTION I move to approve Resolution No. 2004-47. BL U 040406 Saguaro Springs DA. doc 2 FJC 3/29/04 • MARANA RESOLUTION N0.2004-41 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH BEST ASSOCIATES II, LLC, RELATING TO THE SAGUARO SPRINGS DEVELOPMENT PROJECT. " WHEREAS, in 1998, the Town of Marana and Best Associates II, LLC, entered into a development agreement relating to the Saguaro Springs development project; and WHEREAS, in the intervening years, several changes have been made with respect to the project, the surrounding infrastructure requirements, and Town policies toward development; and WHEREAS, this Amended and Restated Development Agreement is the product of long negotiation between the Developer and Town staff; and .WHEREAS, the Mayor and Council find that the terms and conditions of the Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Mayor and Council of the Town of Marana hereby approve and authorize the execution of the Amended and Restated Development Agreement with Best Associates II, LLC, relating to the Saguaro Springs development project. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Amended and Restated Development • RSO 040406 Saguaro Springs Develop Agree.doc FJC 3/30/04 Agreement attached hereto as Exhibit A and incorporated herein by this reference, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk... APPROVED AS TO FORM: Frank Cassidy, Town Attorney r RSO 040406 Saguaro Springs Develop Agree. doc FJC 3/30/04 2 t Amended and Restated Development Agreement Town of Marana, Arizona Best Associates II, L.L.C. \\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc TABLE OF CONTENTS 1 . Development Plans ................................................................................ ..............................2 1.1 Development in Accordance with the MDC and Zoning ............................2 1.2 Vested Rights ................................................................. ..............................2 1.3 Zoning Conditions ......................................................... ..............................3 1.4 Amendments to Plans and Agreement ........................... ..............................3 2. Infrastructure ......................................................................................... ............................... 3 2.1 Infrastructure Plan .......................................................... ..............................3 2.2 Construction of Infrastructure ........................................ ..............................3 2.3 Infrastructure Plan Amendment ..................................... ..............................4 2.3 Water Improvements ...................................................... ..............................4 3. Developer Constructed Upgrades .......................................................... ..............................4 4. Recreation Facilities ................................................... ..............................4 4.1 Public Recreational Amenities ..................... ..............................4 4.2. Private Recreational Amenities Open Space ...... ..............................4 5. Cooperation and Alternative Dispute Resolution .................................. ..............................5 5.1 Appointment of Representatives .................................... ..............................5 5.2 Timing ............................................................................ ..............................5 5.3 Outside Consultants ...................................................... ............................... 5 5.4 Default. .6 6. Notices and Filings ................................................................................ ..............................6 6.1 Manner of Serving ......................................................... ..............................6 7. General Terms & Conditions ................................................................. ..............................7 7.1 Term ............................................................................... ..............................7 7.2 Waiver ............................................................................ ..............................7 7.3 Attorneys Fees ............................................................... ..............................7 7.4 Counterparts ................................................................... ..............................7 7.5 Readings and Recitals .................................................... ..............................8 7.6 Exhibits .......................................................................... ..............................8 7.7 Further Acts ................................................................... ..............................8 7.8 Future Effect .................................................................. ..............................8 7.8.1 Time Essence and Successors ..... ..............................8 7.8.2 Termination upon Sale to Public .. ..............................8 7.9 No Partnership and Third Parties ................................... ..............................9 7.10 Other Instruments ........................................................... ..............................9 7.11 Conflict of Interest ......................................................... ..............................9 7.12 Imposition of Duty By Law ........................................... ..............................9 7.13 Entire Agreement ........................................................... ..............................9 7.14 Amendment .................................................................... ..............................9 7.15 Names and Plans ............................................................ ..............................9 7.16 Good Standing; Authority ............................................. .............................10 \\Server \Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 7.17 Severability ................................................................... .............................10 7.18 Governing Law /Arbitration ................ ........... 10 7.19 Recordation ................................................................... .............................10 7.20 No Developer Representations ..................................... .............................10 7.21 Default and Remedies ................................................... .............................10 7.22 Approval ....................................................................... .............................11 7.23 Force Majeure ............................................................... .............................11 7.24 Definitions ..................................................................... .............................11 8. Protected Development Rights ........................................... .............................11 8.1 Purpose .......................................................................... .............................11 8.2 Future Impact Fees ....................................................... .............................11 \ \Server \Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT [hereinafter "Agreement "] is made by and between the TOWN OF MARANA, an Arizona municipal corporation [hereinafter "Town "], and BEST ASSOCIATES II, LLC., an Arizona limited liability company [hereinafter "Developer "]. RECITALS A. The Developer is the owner of approximately 787 acres of real property within the corporate limits of the Town, as depicted on the map attached hereto as Exhibit "A -1" and legally described on Exhibit "A -2" (hereinafter collectively referred to as the "Property'). B. The Town and the Developer previously entered into that certain Development Agreement, recorded May 18, 1998, in Docket 10798 at Page 663, et seq., official records of Pima County, Arizona ( "Original Development Agreement "). C. The Town and the, Developer hereby desire to amend and restate the Original Development Agreement and intend that this Amended and Restated Development Agreement shall replace and supersede the Original Development Agreement in its entirety. D. The Saguaro Springs Development Project, also known as the Twin Peaks Project (the "Development "), is a residential and mixed use development planned for the Property. E. This Development Agreement shall be subject to (i) the Marana Development Code (including rules, regulations, procedures and other policies relating to development, whether adopted by the Mayor and Council or by staff) [hereinafter "MDC "], (ii) conditions of the Developers zoning as detailed in Marana Ordinance No. 97.04 passed and adopted February 18, 1997, and attached as Exhibit "B ", and in Marana Ordinance No. 99.14 passed and adopted May 18, 1999, and attached as Exhibit "C" [hereinafter collectively "Zoning Ordinances "], and (iii) the updated Twin Peaks Site Analysis and the Twin Peaks Master Plan Project Summary dated November, 2002 [hereinafter "Site Analysis "], collectively establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, recreation/open space, and industrial and commercial/business opportunities. F. The Developer and the Town desire that the Property shall be developed in accordance with the MDC, the Zoning Ordinances, and the Site Analysis. The parties hereto acknowledge that this Agreement is intended to be consistent with the foregoing, and operates to the benefit of the Town, the Developer, and the public. G. The parties understand and acknowledge that this Agreement is a Development Agreement within the meaning of, and entered into pursuant to the terms of. A.R.S. § 9- 500.05, in order to facilitate the development of the Property by providing for, among \\Server\Server C\Frank C\20040406 Council Meefing\Doc - Amended and Restated Develop. Agr.021004.doc 1 Y other things, conditions, terms, restrictions and requirements for the construction and installation of public infrastructure, as more particularly described in the Infrastructure Plan; the phasing over time of construction or development on the Property; and other matters related to the development of the Property. H. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents by, among other things, (i) requiring development of the Property consistent with the Amended Land Use Concept Plan as of November, 2002, the MDC and the zoning conditions, (ii) increasing revenues to the Town based on improvements to be constructed within the Property, and (iii) creating jobs through work to be performed in development of the Property. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth herein, the parties hereto state, confirm and agree as follows: AGREEMENT 1. Development Plans 1.1 Development in Accordance with the MDC and Zoning Prior to the approval and execution of this Agreement and upon the Town's review and due consideration, the Town has approved Marana Ordinance Nos. 97.04 and 99.14 as the zoning for the development of the Property. The Property shall be developed in accordance with the Zoning Ordinances, which Ordinance (in conjunction with the MDC) sets forth the basic land uses, densities and intensities of such land uses as presently authorized for the Property and development regulations related thereto. The approval by the Town of the Zoning Ordinances and this Agreement authorizes the Developer to: (i) implement and proceed with the land uses, densities and intensities, as set forth within the Zoning Ordinances, and subject to the development regulations contained therein, notwithstanding any subsequent changes of the Town's zoning code or other land use ordinances currently applicable to the Property, (except for the $1,000.00 per unit transportation contribution, which shall be replaced by the construction sales tax and transportation impact fee provided for in Section 2.3 below), and (ii) proceed through the legally required development process and request the customary approvals necessary to permit the Developer to implement the Zoning Ordinances. Upon c ompliance b y t he D eveloper w ith t he d evelopment r eview a nd a pproval process as set forth in the MDC and other Town ordinances rules, regulations and state laws, the Town agrees to approve or issue such permits, plans, specifications, and/or plats of or for the Property as may be requested by the Developer and which are consistent with the Site Analysis, the Zoning Ordinances, and the MDC; provided, however, that Developer agrees not to place mobile homes on the Property. 1.2 Development Approvals The Town has agreed to cooperate with the Developer in good faith with regard to any rezoning requests or other development approvals, so long as the total residential density upon the Property does not exceed 2,509 units. Additionally, the parties have agreed that the portion of the Property which lies to the west of the Arizona Portland Cement Conveyor Belt which is currently zoned for mobile home development, shall be developed with site built homes, and not mobile \\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 2 r homes. 1.3 Zoning Conditions The Developer agrees to fulfill all conditions as outlined in the Zoning Ordinances. The Property is currently zoned as R -6 Residential Zone under the MDC. Portions of the Property are also zoned R -36 and MH. In the event of any material change to the R -6 Residential Zone, Developer shall be permitted to develop the Property consistent with the R -6 Residential Zone in effect as of the date of this Agreement. As used herein, "material change" includes, without limitation, any change to the following: the 6,000 square feet minimum lot area (Section 05.10.07(H)(2)(a); the minimum distances between buildings (Section 05.10.07 (H)(4); the minimum usable open space requirements (Section 05.10.07(H)(5)); the maximum building height of 25 feet (Section 05.10.07(H)(7); the absence of any maximum number of stories (Section 05.10.07(H)(8), and the ability to place power lines within dedicated rights of way (Section 05.10.07(H)(9). A "material change" shall also include revision to the MDC or the adoption of any new regulation or ordinance which would add significant new limitations to the development of the Property or significantly increase the cost of developing the Property. "Material change" shall not include a change to the R -6 Residential Zone which increases the minimum side yard setbacks to a combined total of 15 feet for both side yard setbacks. 1.4 Amendments to Plans and Agreement The Town and the Developer agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the MDC, Site Analysis, and Zoning Ordinances and to facilitate the development of the Property in light of any changes in development requirements. All amendments to this Agreement shall be in writing and, if approved, must be signed by all appropriate parties. Any amendment to this Agreement shall be approved and recorded pursuant to Section 7.14 hereof 2. Infrastructure 2.1 Infrastructure Plan Attached hereto as Exhibit "D" is a proposed infrastructure plan for the Property [hereinafter "Infrastructure Plan"]. Except as otherwise provided in this Agreement, the Infrastructure Plan shall authorize the Developer, so long as the Developer proceeds with the development of the Property, to implement and phase the infrastructure improvements to the Property in conformance with the Infrastructure Plan. 2.2 Construction of Infrastructure Subject to the terms of this Agreement, the Developer at its sole cost and expense, shall cause the items of public infrastructure described in Exhibit "D" (hereinafter such items are referred to collectively as the "Infrastructure ") to be constructed as approved by the Town with respect to the development of all or any portion of the Property. The Infrastructure shall be constructed in accordance with the requirements for construction of infrastructure similar to the proposed construction. Although the Infrastructure set forth in the Infrastructure Plan shall be constructed by the Developer, the Developer may choose the method of financing, which may or may not include the use of a community facilities district ( "CFD "). In the event Developer chooses to finance construction of \\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 3 the Infrastructure through a CFD, the Town and Developer shall meet and confer in good faith in order to create a CFD for the Property. 2.3 Infrastructure Plan Amendment The Town and the Developer previously acknowledged that amendments to the Infrastructure Plan may be necessary from time to time to reflect changes in market conditions, development financing and/or to meet the new requirements of one or more of the potential users or builders of any part of the Property. In addition, the Town and the Developer previously acknowledged and agreed that the Infrastructure Plan may be amended as more detailed information becomes available. The parties had agreed that if and when the parties found that changes or adjustments were necessary or appropriate, they would effectuate such changes or adjustments pursuant to the procedure set forth in Section 7.14. Since the parties entered into the Original Development Agreement, the Town has a dopted a c onstruction s ales t ax and transportation i mpact f ee. T hese f ees currently exceed an average cost of $1,000.00 per lot. The Developer had previously agreed to pay $1,000.00 per lot as a contribution to the Town's transportation and related expenses. The Town and the Developer have now agreed that the Developer will not need to pay this $1,000.00 per lot contribution, but will be obligated to pay the current construction sales tax and transportation impact fee assessed by the Town when and as due under the Town's current regulations. 2.4 Water Improvements By separate written agreement, the Town and the Developer have agreed to the details of the water system for the Property. 2.5 Arizona Portland Cement Arizona Portland Cement will, by agreement with developer, be provided with a 300' wide Roadway/buffer along the alignment of the current quarry road. Where drainageway crosses above roadway/buffer, developer will construct an approximately 300' long box culvert completely enclosed on both ends with breakaway fencing. It is the developer's intent that property acquired through exchange with Arizona Portland Cement will be annexed into the Town and incorporated into the project. 2.6 Median Landscaying will be installed by the developer and maintained by the Town. Landscaping will be designed for low maintenance, employing native materials rather than more formal plantings that require higher maintenance. Landscaping installed within the right -of -way adjoining development will be licensed by the Town and maintained by the HOA. 3. Developer Constructed Upgrades The Developer agrees to fund and construct certain Transportation Upgrades prior to the issuance of a Certificate of Occupancy for any building within the Development; the Transportation Upgrades to be constructed by the Developer pursuant to this subsection shall be those Transportation Upgrades set forth on Exhibit "E" and titled (i) Twin Peaks, (ii) Lambert Lane, and (iii) Airline Road. 4. Public Recreational Amenities Developer shall cause to be constructed approximately 42 acres of public park and trailways on the project. This includes the public park (the "Park ") on the park site identified in Exhibit F. 4.1 The Park Site The Park will be within the project consisting of Block A Detention/Retention Basin (approximately 22.6 acres) together with approximately 5 \ \Server\Server C\Frank 020040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 4 acres of adjoining Block 5 which will be dedicated to the Town once the Park is constructed and accepted by the Marana Park and Recreation Director and Development Services Administrator. The basin will provide approximately 20 acres of usable space for ballfield/soccer field development among other public recreational amenities. The Basin Bottom will have a width of approximately 340 feet with slopes beyond the Bottom constructed at 4:1 (Horizontal:Vertical). The basin floor shall have a minimum slope of %z% and both the floor and slopes shall have a turf surface. The additional 5 acres in Block 5 will provide, but not be limited to, development of parking and ramada/restroom facilities. Configuration of the 5 acres and the adjoining 10 acre school site within Block 5 is yet to be determined. The Developer agrees to configure these sites to provide direct access to the Park off of Highlands Drive. Park design alternatives will be reviewed and approved by Marana Parks and Recreation Director and Development Services Administrator. The Park access should be provided only at common entry points, with no direct access to the park from residential lots permitted (i.e. access gates). Approvals for the Park and related facilities will not be unreasonably withheld or delayed. 4.2 Park Lighting: The athletic fields in the Park will be lighted. Disclosure of the intent to provided lighted athletic fields will be given in written form to adjacent property owners and on the final plat for Blocks 5 and 6. Lighting of some or all the athletic fields is intended to be installed early in the overall project. 4.3 Construction Developer will build the park prior to or by the time 40 % of the building permits are issued for the overall project. Developer shall expend a minimum of $2.5 million toward the Park construction costs. This amount will not complete all Park construction. Developer will initially construct public trails, parking and playground equipment and some ball fields with lighting. The grading and dirtwork costs to construct the trails and Park will not be credited towards the $2.5 million developer contribution, however hardscape and landscape improvements will. The construction of the Park improvements required in accordance with this paragraph must be approved by the Town Parks & Recreation Director and the Department of Development Services, and such approval shall not be unreasonably withheld or delayed. Upon completion of the Park improvements acceptable to the Town, the Town will formally accept and maintain these improvements. 4.4 DrainagewUs and Trails Developer shall cause to be constructed the drainage /retention areas depicted on Exhibit "F ". These drainage /retention areas shall b e o f t he approximate s ize a nd i n t he approximate 1 ocations d epicted o n Exhibit "F ". In addition to providing for drainage and retention for the Property, these areas shall also provide open space to enhance the appearance and feel of the Property. Developer will be provided credit towards the required 42 acre public recreation requirement for construction of a public trail network within the projects drainageways. Credit will be calculated in the amount of 45 square feet for every linear foot of trail within the project toward meeting public recreation requirement. Trailways will not be fully improved green spaces.. Trails constructed within the drainage area shall be fourteen feet (14') in width, shall be paved and have adjoining trail landscaping. Ownership of the drainage ways shall be conveyed to the Town. Responsibility for maintaining these recreational facilities, however, shall remain \\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 5 with Developer or a homeowner's association, or similar entity, for the Property. The Town hereby grants such parties a perpetual license to maintain any recreational facilities located within these drainage areas for public use. 4.5 Security Security should be provided by the Developer around the park site and trails during development. 4.6 On Site Private Recreational Facilities Private recreation will also be provided within each block in the project per the Town's Park, Trail and Open Space System Master Plan. 5. Cooperation and Alternative Dispute Resolution 5.1 Appointment of Representatives To further the commitment of the parties to cooperate in the implementation of the Site Analysis. the Zoning Ordinances and this Agreement, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town [hereinafter "Town Representative "] shall be the Planning Director, and the initial representative for the Developer shall be Thomas J. Barr or a replacement project manager to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Safe Analysis, the Zoning Ordinances and the MDC. The representatives may recommend amendments to the Site Analysis or this Agreement which may be agreed upon by the parties pursuant to Paragraph 1.4 above. 5.2 Timing The Town acknowledges the necessity for prompt review by the Town of all plans and other materials ( "Submitted Materials ") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 5.3 Outside Consultants In the event the Town is unable to provide sufficient personnel (either in -house staff or outside consultants to the Town) to review the Submitted Materials within the time desired by the Developer, the Developer may elect to pay the reasonable costs incurred by the Town to retain such consultants or other experts as the Town may reasonably deem necessary to review the Submitted Materials on behalf of the Town. Because of the Developer's liability for the Consultant's fees, any consultants under this paragraph shall be selected by the agreement of both the Town and the Developer. The Town and the Developer shall diligently select consultants following a request by the Developer hereunder. The Developer acknowledges that the consultant's recommendations will be subject to review and revision by the Town Staff and that the Town shall not be bound by any of the consultant's recommendations unless adopted by the Town Council or other board or person having final approval rights on each Submitted Material. The Developer's liability for a Consultant's fees hereunder shall be unconditional and the Developer shall indemnify and hold the Town harmless from any claims relating to such fees. \ \Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 6 In addition to the foregoing, Developer shall reimburse the Town for its attorneys' fees incurred as a result of the negotiation and preparation of this Agreement. The reimbursement of attorneys' fees shall be payable within 30 days of request by the Town. 5.4 Default Failure or unreasonable delay by either party to perform any term or provision of this Agreement for a period of ninety (90) days [hereinafter "Cure Period "] after written notice thereof from the other party shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. 6. Notices and Filings 6.1 Manner of Serving All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to: The Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 With a copy to: Frank Cassidy, Esq. Town of Marana 13251 N. Lon Adams Road Tucson, Arizona 85653 The Developer: Best Associates II, L.L.C. c/o Thomas J. Barr 11865 N. Vista Del Sol Tucson, Arizona 85742 With required copy to: Pat P. Lopez III, Esq. Rusing & Lopez, P.L.L.C. 6262 N. Swan Road, Suite 200 Tucson, Arizona 85718 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. \\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 7 7. General Terms & Conditions 7.1 Term If not sooner terminated, this Agreement shall automatically terminate and shall thereafter be void for all purposes on the date nineteen (19) years from the date hereof. If the parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written acknowledgment executed by the parties. 7.2 Waiver No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town, or any Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 7.3 Attorneys' Fees In the event any party hereto finds it necessary to bring an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach of default hereunder, the Party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys fees of the other party, and in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 7.4 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all parties may be physically attached to a single document. 7.5 Headings and Recitals The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and incorporated herein and the parties hereby confirm the accuracy thereof. 7.6 Exhibits Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 7.7 Further Acts Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property or the Other Property by the Developer and its successors. 7.8 Future Effect \ \Server\Server CTrank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 8 7.8.1 Time Essence and Successors Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors, assigns and legal representatives of the parties hereto. Notwithstanding the foregoing, the Developer's rights hereunder may only be assigned by a written instrument executed by Developer, and recorded in the Official Records of Pima County, Arizona. Such assignment shall expressly delineate rights and obligations of the Developer hereunder being assigned and shall only be binding upon persons owning any right, title or interest in the Property or the Other Property if such obligations have been specifically assumed i n w riting o r u nless o therwise r equired b y l aw. A ny r ights o r obligations not expressly assigned and assumed shall remain the rights and obligations of the original Developer. In the event of a complete assignment by Developer of all rights and obligations of Developer hereunder, Developer's liability hereunder shall terminate effective upon the assumption by Developer's assignee, provided that the Town has approved the assignment to such assignee, which approval shall not unreasonably be withheld. 7.8.2 Termination Upon Sale to Public It is the intention of the parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk ") leased (for a period of longer than one year) or sold to the purchaser or user thereof and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. Nothing herein shall limit or affect the validity of documents to be recorded other than this Agreement nor of the proposed bond obligations and tax assessments which, when imposed upon the Property, shall run with the land in accordance with applicable laws. 7.9 No P artnership and T hird P arties It i s n of i ntended b y t his A greement t o, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization o r c orporation n of a p arty h ereto, and n o s uch o ther p erson, firm, organization or corporation shall have any right or cause of action hereunder. 7.10 Other Instruments Each party hereto shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 7.11 Conflict of Interest The Town may, within three (3) years after its execution, cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town is at any time when this Agreement is in effect, an employee or agent of the Developer in any capacity or a consultant to any other party of this \\Server\Server CTrank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 9 Agreement with respect to the subject matter of this Agreement and may recoup any fee or commission paid or due any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town from the Developer arising as a result of this Agreement. The Developer has not taken and shall not take any action which would cause any person described in the preceding sentence to be or become an employee or agent of the Developer in any capacity or a consultant to any party to this Agreement with respect to the subject matter of this Agreement. 7.12 Imposition of Duty y Law Except as expressly provided herein, this Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 7.13 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 7.14 Amendment No change or addition is to be made to this Agreement except by a written amendment executed by the parties. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded by, and at the expense of, the party requesting the amendment, in the Official Records of Pima County, Arizona. 7.15 Names and Plans The Developer shall be the sole owner of ad names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or the Other Property or any Plans, provided, however, that in connection with any conveyance or portions of the Infrastructure as provided in this Agreement such rights pertaining to the portions of the Infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 7.16 Good Standing, Authority The Developer represents and warrants to the others that it is duly formed and validly existing under the laws of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under applicable state laws. Each of the parties hereto represents and warrants to the other that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 7.17 Severability If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform any act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such \ \Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 10 action a t i is d iscretion, i f, h owever, t he T own f ails t o t ake t he a ction s pecified hereunder, the Developer shall be entitled to terminate this Agreement. 7.18 Governing Law /Arbitration This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the parties agree that any litigation or arbitration shall take place in Pima County, Arizona. In particular, this Agreement is subject to the provisions of A.R.S. §38 -511. This Agreement has been negotiated by separate legal counsel for the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. Any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both parties to binding arbitration in accordance with the rules of the American Arbitration Association and The Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 7.19 Recordation No later than ten (10) days after this Agreement has been executed by the Town and the Developer, it shall be recorded in its entirety, by, and at the expense of, the Developer, in the Official Records of Pima County, Arizona. 7.20 No Developer Representations Except as specifically set forth herein, nothing contained herein or in the Site Analysis shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property, and the Site Analysis shall not be deemed a representation or warranty by the Developer of any kind whatsoever. 7.21 Default and Remedies If a ny p arty t o this Agreement is in default under any provision o f t his A greement, t he n on- defaulting p arty s hall b e e ntitled, without prejudice to any other right or remedy that it may have under this Agreement, at law or in equity, to specific performance by the defaulting party of this Agreement, or, in the alternative, to terminate this Agreement as if this Agreement had expired in the normal course and to exercise any and all other remedies available to it at law or in equity. 7.22 Approval If any party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 7.23 Force M aj eure If any party h ereto s hall b e u nable t o o bserve o r p erform a ny covenant or condition herein by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default hereunder so long as such party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used here, means any condition or event not reasonably within the control of such party, including, without limitation, "acts of God;" strikes, lock -outs, or other disturbances of employer /employee relations; acts ofpublic enemies; orders or restraints of any mind of the government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; \\Server\Server CTrank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 11 civil disturbances; riots: epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests; restraints of Government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, i n e ither c ase w hen s uch course i s i n t he j udgment o f t he p arty h ereto unfavorable to such party, shall not constitute failure to use its best efforts to remedy such a condition. 7.24 Definitions Unless otherwise defined in this Agreement, all terms used herein shall have the meaning assigned to such terms in the CFD Act so long as such interpretation does not conflict with any other provision of this Agreement. 8. Protected Development Rights 8.1 Purpose One of the purposes of this Agreement is to establish legally protected rights for the development of the Property in a manner which is consistent with the MDC Zoning Ordinances, Site Analysis, and this Agreement, in order to ensure reasonable certainty, stability and fairness to the Developer over the term of this Agreement. Toward this end, Developer and Town agree that the zoning designations granted by the Zoning Ordinances shall remain in effect and shall not be changed without the agreement of the Developer for the term of this Agreement, unless an automatic reversion occurs pursuant to the Zoning Ordinances. 8.2 Future Impact Fees In consideration for the roadway upgrades described in paragraph 3 infrastructure improvements described in paragraphs 2.1, 2.2 and 2.3, and water improvements described in paragraph 2.4, and recreational facilities described in paragraphs 4.1, 4.2 and 4.3 funded and/or constructed by Developer pursuant to this Agreement, in the event the Town adopts an impact fee for the same infrastructure for which Developer has contributed land and/or made improvements and/or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit for such contributions as set forth in A.R.S. § 9- 463.05, and/or the other protections provided for in this Agreement. \\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 12 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of 2004. Date TOWN OF MARANA, an Arizona municipal corporation ATTEST: By Town Clerk Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: BEST ASSOCIATES II, L.L.C., an Arizona limited liability company By Frank Cassidy, Esq., Town Attorney Its STATE OF ARIZONA ) ) ss COUNTY OF PIMA ) The foregoing document was sworn to and acknowledged before me the day of , 2004, by , as of Best Associates II, L.L.C., an Arizona limited liability company, on behalf of said limited liability company. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss COUNTY OF PIMA ) The foregoing document was sworn to and acknowledged before me this day of , 2004, by , as of the Town of Marana. Notary Public My Commission Expires: \ \Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc 13 Exhibits to Amended and Restated Development Agreement between Town of Marana and Best Associates II, LLC Exhibit Description A -1 Map depiction of Development Property A -2 Legal description of Development Property B Marana Ordinance No. 97.04 (passed and adopted on 02/18/97) C Marana Ordinance No. 99.14 (passed and adopted on 05/18/99) D Proposed infrastructure plan for the Property E Transportation Upgrades (Twin Peaks; Lambert Lane; and Airline Road) F Park plans/Drainage /Trails \\SERVER\SERVER C\iRANK 020040406 COUNCIL MEETING\DOC - EXHIBIT LIST TO AMENDED AND RESTATED DEVELOP. AGR 021004.WPD EXHIBIT "A -1" \ \Server \Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc w Scale: J" 1 MILE 12 7 LAMBERT LANE 7 13 18 18117 I P O I I I I 13118 18 17 Z4 19 — — — — 19 20 TwjN PEgKS Rp EXHIBIT OF SECTION 18 AND PORTIONS OF SECTIONS 17 AND 19 T -12 -S, R -12 -E GILA & SALT RIVER MERIDIAN PIMA COUNTY, AZ Urban � PREPARED: LPD DRACrN: RSM cHEcK; DRT Engineering 877 S. Alvemon Woy— Tucson, AZ 85711- 520.318.3800 DATE 03 04 03 jog No. 96103 .SHEET No. 1 o 1 NAME: S: \ 96000 \96103 \dwg \exhibitTotol.dwg EXHIBIT "A -2" \ \Server \Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc January 29, 2001 U/E Project No. 96103 Sheet 1 of 3 PROPERTPDESCRIPTION All that portion of Sections 17, 18 and 19 of Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, more particularly described as follows: BEGINNING at the Northwest corner of said Section 18; THENCE along the North line of said Section 18, North 89° 47' S1" East, a distance of 2525.55 feet to the North one quarter of said Section 18; THENCE continuing along said North line of Section 18, North 89° 45' 48" East, a distance of 2640.93 feet, to the section corner common to Sections 7, 8, 17 and 18; THENCE along the North Line Section 17, North 89° 47' 29" East, a distance of 1320.67 feet to the Northeast corner of the Northeast quarter of the Northeast quarter of said Section 17; THENCE along the east line of said Northwest quarter of the Northwest quarter of Section 17, South 00° 04' 21" East, a distance of 1321.45 feet to the Southeast corner of said Northwest quarter of the Northwest quarter, THENCE along the South line of said Northwest quarter of the Northwest quarter, South 89° 46' 49" West, a distance of 489.36 feet; THENCE North 15 13' 00" West, a distance of 510.00 feet; THENCE North 89 46' 49" West, a distance of 265.27 feet; THENCE South 15° 13' 00" East, a distance of 510.00 feet, to a point on said South line of the Northwest quarter of the Northwest quarter, THENCE along said South line North 89° 46' 49" East, a distance of 99.11 feet; THENCE South 08° 23' 07" East, a distance of 124.19 feet; THENCE South 02 50' 07" West, a distance of 201.36 feet; THENCE South 08 09' 26" East, a distance of 212.13 feet; THENCE South 12 58' 03" West, a distance of 133.42 feet; CALorri Oai Docs\1996196103 -Saguaro SpringsllegalslLegal - 96103.doc January 29, 2001 U/E Project No. 96103 Sheet 2 of 3 THENCE South 49° 37' 38" East, a distance of 123.43 feet; THENCE South 00° 01' 38" East, a distance of 220.00 feet; THENCE South 32° 03' 11" East, a distance of 42 1. 10 feet; THENCE North 89 47' 51" East, a distance of 53.49 feet; THENCE South 19° 35' 39" East, a distance of 107.58 feet; THENCE South 04° 13' 43" West, a distance of 392.42 feet; THENCE South 00° 37' 37" East, distance of 458.03 feet; THENCE South 41° 19' 49" East, distance of 196.51 feet; THENCE South 20° 04' 22" West, a distance of 137.71 feet; THENCE South 14 17' 07" East, a distance of 397.63 feet; THENCE South 43° 02' 22" East, a distance of 520.75 feet; THENCE South 11 ° 44' 51" East, a distance of 281.91 feet; THENCE South li° 29' 46" West, a distance of 367.26 to a point on the South line of Section 17; THENCE along said South line of Section 17, South 89° 33' 58" West, a distance of 1553.53 feet to the Section comer to Section 17, 18, 19 and 20; THENCE along the east line of said Section 19, South 00° 11' 13" East, a distance of 995.54 feet to a point on the North right -of -way of Twin Peaks Road, as recorded in Book 2 at Page 151 of Road Maps; THENCE along said North right -of -way North 72° 23' 10" West, a distance of 3180.37 feet, to a point on the West line of the East half of the East half of the East half of the Northwest quarter of said Section 19; THENCE along said West line North 01° 32'29" East, a distance of 49.14 feet to the common Iine of said Sections 18 and 19; THENCE along said common line South 89° 50' 50" West, a distance of 168.25 feet to a non- tangent point on a curve having a radius of 1176.28 feet and a central angle of 17 46' 00" whose radial line bears North 17° 36' 50" East, said point also being on the said North right -of -way of Twin Peaks Road; C: Do, - Saguaro SpringsUega \Legal - 96103.doc January 29, 2001 U/E project No. 96103 Sheet 3 of 3 THENCE along said North right -of -way and the arc of said curve to the left an arc distance of 364.75 feet, to a point of tangent; THENCE continuing along said North right -of -way, being a line 30 feet North of and parallel to said common line of Section 18 and 19, South 89° 50' 50" West, a distance of 1777.09 feet to the West line of said Section 18; THENCE along said West line North 00° 08' 05" West, a distance of 2610.81 feet to the West quarter corner of said Section 18; THENCE continuing along said West line, North 00° 06' 47" West, a distance of 2642.14 feet tb the Northwest corner of said Section 18, being the POINT OF BEGINNING; Except a strip of land 100 feet in width through said Section 18, more particularly described as follows: COMMENCING at the West quarter comer of said Section 18; THENCE along the West line of said Section 18, South 00° 08'05" East, a distance of 798.55 feet to the POINT OF BEGINNING; THENCE North 38° 23' 46" East, a distance of 4402.63 feet to a point on the North line of said Section 18; THENCE along said North line North 89° 45' 48" East, a distance of 128.01 feet; THENCE South 38° 23' 46" West, a distance of 4608.12 feet, to a point on said West line of Section 18; THENCE along said West line North 00° 08' 05" West, a distance of 160.53 feet to the POINT .OF BEGINNING; Said parcel contains 787.14 acres more or less._ Prepared by: URBAN ENGINEERING, INC. CALornALorri- DocA1996\96103 - Saguaro SpringAlegalAUgal - 96103.doc ® EXHIBIT "B" \ \Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc NI ARANA ORDINANCE NO. 97.04 N ORDNANCE OF THE ;VLkYOR AND COUNCIL OF THE TOWN OF ARIZONA, CEA GD G THE ZONING OF CERTAIN PROPERTY OWNED BY BEST ASSOCLkTES, L.r .C., - \N. D LOCATED N SECTION 13 AND VVITHIN THE NORTHWEST 1/4 OF SECTION 17 TOWNSHIP 12 SOUnT RANGE 13 EAST, BORDERED BY L ANIBERT LANE TO THE' AMID TWIN PEAKS ROAD TO THE SOUTH FROM "ZONE C" (LARGE LOT ZO \E, tiM4IMUMI LOT SIZE 26 ACRES) i0 "ZONE R -36" (SLtiGLE FAMILY RESIDENTIAL, 1fLN1TvIUM LOT SIZE 36,000 SQUARE FEET), "ZONE R -6" (SINGLE FAQ [ILY RESIDE \TLAL, jvgND UM LOT SIZE 6,000 SQUARE FEET) AND "ZONE NH' (VLANU`F ACTL�D HOME). WHEREAS. Best Associates, L.L.C., are the owners of approximately 652 acres of land L. located in section 13 and within the northwest 1/4 of section 17, township 12 south, range 12 east, bordered by Lambe- Lane to the north and Twin Peaks Road to the south; and WHEREAS. owner, through the applicant, Urban Engineering, has applied to the Town of �tarana to change : zoning of the property from "Zone C" (Large Lot Zone, minimum lot siz 25 acres) to "Zone R -36" (Single Family Residential, minimum lot size 36,000 square feet), "Zone R -6" (Single Farniiy Residential, minimum lot size 6,000 square feet) and "Zone MH" (Manufactured Home); and W1=.A_S.:he rezone is requested in order to develop single family residential lots, a mobile home subdivision, and a golf course; and WHERE:? S, :hie Vlarana Planning Commission held a public hearing on the rezoning request on October 30, 1:96, an following this public hearing voted Town to recommend that the Ton Council deny the request for rezoning of the property and V'v t::e Town Council of the Town of Marana held a public hearing on the rezoning request on March 4, :097, to obtain public input on the request for a chance of zoning , and heard from stari, the representative of the owner, and members of the public and has dert.-mined twat t:�e rezoning request snould be approved, with conditions. NOW, Tl- FORE, BF iT ORDArINTED by the Mayor and Council of the o Arizona, that: `CCtlUll t. 1 ..0 __..."u UI ? "l:1JXlii : L'!�' 6 - es Iocat' on the norih sid a sota:7 of Lat;i�,... _.'.e, SI2: :JC !!l' loclted in sl IS and within the nor h%vt:i : '• ct 5°C 7 2 _ ge 12 section 17 and more par, cuia, described In Ex". .on .`. aaac' 1 to•.�istup 1_ s;;. 'Jl east, sec _ :Z� , (Large tot Zone) to " Zon e R- 6" (Si,�_le her eto. hereb'. �-_ from n� C' �` - _ .� Reside .i�� mini,:, .... .size x,000 squW e "Zone R -o (Single Fa niiv ResiC_...i1�, lct si`. 6,000 s: a`� :ee'� and 'Zone NN' (Nlanu �c :urea 1 olTe), subiec: :e �i.JilQl t OnS' Page I of 3 1 0 793 096 1. A tramc impact analysis (T IA) and sub - regional trsnsporation stud, for the oarce! :rust Ile submitted by the Developer and accepted by the Town Engineer and Pima Count•✓ Department of Transportation prior to the approval of the first preliminary plat or development plan submined for this project: The TIA is to include signal warrant studies at all proposed major interse -jons, araivsis of safety issues at Arzona Portland Cement (APC) crossings on Lambert Lane and Twin Peaks Road, with recommendations for safety improvements such as crossing gates, school site accessibility and OF-site road improvement requirements. ?. The Developer is required to dedicate additional right-of-way for the Twin Peaks Road, Lambert Lane and Airline Road to accommodate a half right -of -way of 75 feet or as identified in the Sub regional Transportation Study. 3. The Developer's financial obligation of 51,000 per dwelling unit in respect to off-site improvements and-other obligations shall be detailed in a development agreement approved concurrently with the preliminary biock plat for the development. r Access to Twin Peaks Road must be accepted and recorded prior to the approval of a preliminary plat, development plan or building permit. 5. The DevelODer shall submit a concept plan of the deve!opment at the preliminary plat stage that debeates the proposed internal and external vehicular, bicycle and pedestrian circulation system and street crossings for approval by the Town Engineer and Marana School District. Particular emphasis is to be placed on safe accessibiiity to the proposed school site. . 6. Dead end roads (i.e. cul de sacs) shall not exceed six hundred ( "600' ) feet in length. _ 7. A master v,`ter plan must be submit:ed by the Deve!oaer and accepted by the Water Utilities Director prior to the approval of the preliminary plat by the Town Council. 4 S. A master server plan must be submitted by the Developer and accepted by the Pima COUn Wastewaterllanagement and the Town Engineer prior to the approval of the Lreliminary phi by the Town Council. 9 e C 'el ° } ^�'": �.vllI no t exceed 2 , , ,')J in ac a The mx6mum numb or :� lin_ ..a on t he pro . _ , ..nt .�ith tl;e revised T��in P��s ;\last plan Project 5::.:; :;a^ c:a Februa revised Land Use Conc °^ dated F-_ bruan✓ 5, 1997, 10. The school site shall be su to Flaming and Ens neerili_ star."ar ds, crL .;ar.,.es, e:::.... effect at the time the sc ,CJ! is d2` e. - -Ded• ^ � e tia! t fit on any arterial or cai!ecter _:reef .•:; thin �jOini _ 1 esid n lots sh�.11 nc.. :o a, • irect 'es nto Lambe' La avi be reviewed' separateiv Or ODOS-dq d .O pment. L.. S O must be approved by P:... L'e;t;nr : _.. the Town E -. !_ : neer : raL :. ac.fora Ur iirar : :: i.C� P2gt! 2 of 10798 697 �ecdon ?. l vlarana ordinances, resciunns, or motions and parrs of ordinances, resolutions, otions of the Council in conflict :t -i :h the provisions of this ordinance are herebv resealed, rive as of the aective date of this ordinance. Section 3. If anv see -.ion, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unccrs :itutional by the decision of any court of competent the validity of the remaining portions thereof. iurisdictier,. such decision shall not ariec; p —r, t �-ND ADOPTED by the `favor and Council of the Torn of far. ha 'Arizona. this 1 Sth day of February, 1997. , �Iavor ED HOVE A. n&a.,�Grdseclose L v • n Clerc" APPROVED :IS TO FO I: �G Daniel J. Hocauii �n Attomney EXHIBIT "C" \ \Server \Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc C' p' sal DEPIIT' RECORDER G NO:"OF?1GES : 7 SMARA 2057 ROOA 4 y SEQUEN; ::. : 19991120187 06/11/1999 TOWN OF MARANA � ORDZN 12:00 ATTN: TOWN CLERK 13251 N LON ADAMS RD MAIL MARANA AZ 85653 AMOUNT PAID $ 9.00 IMARANA ORMANCE N0.99.14 AN .ORDINANCE OF THE NLAYOR AND COUNCIL OF THE TOWN. OF MAR-ANA, ARIZONA, APPROVING A REZONE REQUEST BY BEST ASSOCIATES, L.L.C., FOR A PARCEL LOCATED N A PORTION OF THE NORTH ONE -HALF OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "ZONE R -144" TO `=ZONE R -6," ASSESSOR'S PARCEL NUMBER 221 -01 -0010, AND FOR A PARCEL LOCATED N A PORTION OF THE WEST ONE -HALF OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "ZONE C" TO "ZONE R-6," ASSESSOR'S PARCEL NUMBER 226- 03 -033H. WHEREAS, Best Associates, L.L.C. is the owner of two vacant parcels consisting of approximately 62 acres located adjacent to the area originally zoned for the Saguaro Sprines Master - planned Community, as depicted on Exhibit A, attached hereto and incorporated herein by this reference, and are more specifically described as a portion of the North One -Half of Section 19, Township 12 South, Range 12 East, and a portion of the West One -Half of Section 17, Township 12 South, Range 12 East; and WHEREAS, Best Associates, L.L.C. has requested a rezone of the 32 -acre property from "Zone R -144" (Single Family Residential, minimum lot size of 144,000 squa,-e feet) to "Zone R -6" (Single Family Residential, minimum lot size of 6,000 square feet), more particularly described in Exhibit B, attached hereto and incorporated herein by this reference; and WHEREAS, Best Associates, L.L.C. has also requested a rezone of t: -ie 29.8 -acre property from "Zone C" (Large Lot Zone) to "Zone R -6" (Single Family Residential, minimum lot size of 6,000 square feet), more particularly described in F- xhibit C, attached hereto and incorporated herein by this reference; and WHEREAS, the NSarana Planning Commission, after a public hearing, considered this request for a rezone on March 31, 1999, and voted unanimously to recommend that the Town Council approve said rezone for the purpose of integrating the two sul , paces i nto the planned community; and WHEREAS, the Nlarana Town Council heard from the representative o.`the owner, staff, and members of the public at the re-_ Town. Council meeting held.lay 13. 1999. and has determined that the rezol - le is in conformity with the General Plan and should be approvt. NOW, THEREFOIZE. BE IT ORDAINED by the Nlavorand Council 0 Town of ivlarana. Arizona, as follows: `arana. Arm-ina Ortimance 14 Pate 1 or4 f Section 1. The zoning of approximately 32 acres located in the North One -Half of Section 19, Township 12 South, Range 12 East, Assessor's Parcel Number 221 -01 -0010, is hereby changed from "Zone R -141" (Single Family Residential, minimum lot size of 141,000 square feet) to "Zone R -6" (Single Family Residential, minimum lot size of 6,000 square feet). Section 2. The zoning of approximately 29.8 acres located in the West One -Half of Section 17, Township 12 South, Range 12 East, Assessor's Parcel Number 226- 03 -033H, is hereby changed from "Zone C" (Large Lot Zone) to "Zone R -6" (Single Family Residential, minimum lot size of 6,000 square feet). Section 3. The purpose of this rezoning is to integrate the two subject parcels into the Saguaro Springs Master- planned Community, subject to the following conditions: a) A traffic impact analysis (TIA) and sub - regional transportation study for the parcel must be submitted by the Developer and accepted by the Town Engineer and Pima County Deparunent of Transportation prior to the approval of the first preliminary plat or development plan submitted for this project The TIA is to include signal warrant studies at all proposed major intersections, analysis of safety issues at Arizona Portland Cement (APC) crossings on Lambert Lane and Twin Peaks Road, v�ith recommendations for safetv improvements such as crossing gates, school site accessibility and off -site road improvement requirements. b) The Developer is required to dedicate additional right -of -way for Twin Peaks Road, Lamber Lane and Airline Road to accommodate a half right-of -way of 75 feet or as identified in the sub- regional transportation study. C) The Developer's financial obligation of 51,000 per dwelling unit in respect to off -site improvements and other obligations shall be detailed in an amendment to the Development Agreement between the Town and Best LLC II, as approved by Resolution No. 98 -38 and recorded with the Pima County Recorder's Office at Docket 10798, Page 663 on 05/1 8/98, and approved concurrently with the preliminay block plat for tlhe development. d) Access to Twin Peaks Road must be accepted and recorded prior to the approval of a preliminary plat, development plan or building permit. e) The Developer shall submit a concept plan of the developme:lt at the preliminary plat sta_.ze that delineates the proposed internal and external vehicular, bicycle and pedestrian circulation systern and street crossings for approval by the To%vr ca,ineer and NIarana School District. Panicu!ar emphasis is to be placed on safe accessibi:ity to the proposed school site. i 1� Dead end roads (i.e. cuI de sacs) shall not exceed six hundred (600') feet in length. g) A master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the preliminary plat by the Town Council. ' h) A master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval ofthe preliminary plat by the Town Council. i) The maximum number ofdwelling units on the property will not exceed 2,509 in accordance with the Amendment to Saguaro Sprints Site Analysis, revised January, 1999, and revised Land Use Concept, dated February 17, 1999. J) The school site shall be subject to all Planning and Engineering standards, ordinances, etc. in effect at the time the school is developed. k) Residential lots shall not front on any arterial or collector street within or adjoining the proposed development. Direct access onto Lambert Lane will be reviewed separately and must be approved by Pima County and the Town Engineer. 1) A master drainage plan must be submitted by the Developer and accepted by the Town Engineer prior to the approval of the preliminary plat by the Town Council. m) The Developer shall rezone the proposed schools site if determined not :o be a permissible use in the current zone. n) The Final Plat will include a disclosure statement, with language acceptable to the Tow - n, advising of the existence and location of the quarry road which bisects the project. Section 4. All Ordinances, Resolutions, and ivlotions and parts of Ordinances. Resolutions, and Motions of the klarana Town Council in conflict «ith the provisions of this Ordinance are he-. repealed, effective as of the effective date of Ordinance No. 99.14. 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 corr.peteat jurisc:ctioe. such decision shall riot affect the validity of the re nainin` portions hereof. PASSED AL D ADOPTED by the Mayor and Council of the Town of ivlarana, Arizona, this 1 Sth day of May, 1999. ATTEST: Mayor RA MAE ARI�t ocely C. Entz Town Clerk APPROVED AS TO Riiv Daniel J. Hochuli, Esq. As Town Attorney - and not personally E HIBIT A PLAN NIN G A RAN A ZC3 N1NG TOWN OF P�IARANA CASE NO. �CZ -q �t �• I Ex N 1 B1 A, a -1 � • � 9.14 � -•� ::: 8_ N N 111111 1 \ _ t �' I � ��' ��ZT -�Q1a s v �I 19 '� f t t REQUEST Request by Best Associates to rezone parcel numbers 221- 01 -OC10 and 26- 03 -033H, consisting or approximately 64 acres, from Town Zone ° -144 (sinale Emily residential, min. lot size 144,000 sq. ft.) and Town Zone C (Lar e Lot Zone to ( single family residential, min. lot siza � 9 ) Town Zone R - 0 � t 9 Y � 6, Q00 s�. , , • I EXHIBIT B Jule 10, 1598 U/E Project No. 96103 PROPERTYDESCRIPT.IOYFOR ,'ZOt,VE A parcel of land located in Section 19, Township 2 River iVleridian, Pima Coup Arizo p South, crj I2 East, Giza and Salt tY� na, more particularly desribed as follows: BEGR'�i\I1G at the Northeast corner of said Section 19; THENCE along the East line of said Section 19, South 00 1 I' ^'* 996.54 feet, to the North Rift- of-Way %laps at Page 151; of Twin Peaks Road as show'n on Book 2 of Road THENCE along the said North Right- of- -Wa c line of Twin Pea' s Road West, a dista.-:ce of 3104.87 feet to a point on the West Line of the East ha<r of the East half , �'or 72° 23' 10" of &-e East half of the Northwest Quarter of said Section 19 THENCE along said West line North 01° 32' 29" East a distance of 49.14 feet to t. e North line of said Section 19; THENCE along said North line North 89° 50' 50" East, a distance of ; 15.52 feet to the Nomh quarter comer of said Section 19; THENCE continuing along the said Norh Iine of Section 19, North 39° 50' 50" East, a distance of 2639.12 feet to the P OINT OF BEGhINING: EXCEP 1_NG therefrom, the South 45.00 feet. SAID parcel contains 1,405,569 square feet, or 32.27 acres, rore or less. Prepared by: UiZB AN ENGr! _NC. LOUIS P. � } De ?RISCO 0 - ,It:AU� EXHIBIT C Februz*-y 3, 1999 • U/E Project No. 96103 SAGUARO SPBJiVGSEASTSMEREZOINI G P R O PE R T Y D ES CR Z P, TI Ol Y A por or Section 17, Township 12 South, Range 12 East, Gila and Salt Rive: IMe:sdian, Pima County, Arizona, more particularly described as fo;lows: BEGR NZV'G at the Southwest season comer of said Section 17; T EENi CE along the West section line - of said Section 17, North 00° 04' 33" West, a distance of 2,645.59 feet to the West one quarter comer, THEN continuing along said West section line, North 00° 07' 04" West, a distance of 1 feet to the Southwest comer of the Northwest quarter of the Northwest, quarter of said Section 17; I AE-vCE along the South line of said Northwest quarter of the North" est qua--ter Nor 89° 46' 49" Ewt a distance of 12.33 feet; THENCE South 03 09' 01" East, a distance of 678.32 feet; UMNI CE South 51 0')'03" East, a distance of 137.72 feet; ONCE South 08° 4T 44" East, a distance of 726.81 fee;; I CE South 19 45' 27.' East, a distance of 20958 feet; THENCE South 08° 21' 16' West, a distance of 449.98 fee:; i rEINCE South 01° 26' 20" West, a distance of 828.08 feet; T H CE South 30 34'23" Est, a distance of363.90 feet; TT'EXCE South 54 17' 20" East, a distance of 491.54 feet; %.E: CE North 38° 55' 29" East, a distance of 187.83 fret; THENCE South 00 30' 35" Eas a distance of 410.14 feet to the South section IL -e o= said Section 17; it i CE along said South section line South 8.9° 33' 53" West, a dist=ce of 1022.56 fe °t to the PO OF BEGDMNTNG; Said pare--! cont ains 29.73 aces, more or less. P: e_ a` ed by: F�0 LA 7EERtN G, I;v C. :� � � . �� 14172 .� j LOWS P. � 0eP.M KA EXHIBIT "D" \\SERVER\SERVER CTRANK C\20040406 COUNCIL MEETING\DOC - AMENDED AND RESTATED DEVELOP. AGR.021004.DOC Saguaro Springs Major Infrastructure Roads: (Exhibit 1) Twin Peaks Road: Twin Peaks Road will be widened and overlaid from the west boundary of the Saguaro Springs project to a point approximately 1,740 ft. east, and reconstructed from that point to the east project boundary. Improvements in the overlay portion will include a two (2) inch overlay of existing pavement, widening for left and right turn lanes at Saguaro Highlands drive, and five (5) foot wide bike lanes in each direction. Improvements in the reconstructed portion will include left and right turn lanes at Saguaro Peaks Boulevard, and five (5) foot wide bike lanes in each direction. Saguaro Peaks Boulevard: A new roadway will be constructed between Twin Peaks Road and Lambert Lane approximately 3,167 ft. east of the west boundary of the Saguaro Springs project. Improvements will include a four -lane divided roadway approximately 6,000 ft. in length with medians, curb, sidewalk, and bike lanes. Lambert Lane: Lambert Lane will be widened and chip sealed from the intersection of Airline Road to a point approximately 4,130 ft. east. Improvements will include left and right turn lanes at the intersection of Saguaro Peaks Boulevard and Lambert Lane, and widening for five (5) foot bike lanes in each direction. Additional improvements will include a grade separated ten (10) foot bike path along the south side of the roadway from Airline Road to Saguaro Springs Road. Lambert Lane will be reconstructed from a point approximately 4,130 ft. east of Airline Road to a point 4,900 ft. east. Improvements will include reconstruction of the alignment of the existing curve and the addition of five (5) foot bike lanes in each direction. Airline Road: The intersection of Lambert Lane and Airline Road shall be reconstructed. Improvements will include widening of Airline Road for a left turn lane and five (5) foot wide bike lanes in each direction. Provision will be made for through traffic to proceed south on a local street to be constructed with the development of Block 1. Additional improvements shall consist of a two (2) inch overlay from the intersection of Lambert Lane to Avra Valley Road. Sanitary Sewer: (Exhibit 2) Sewer improvements include an on -site collection system, a lift station, and an off -site force main and gravity sewer line. The collection system includes gravity sewer mains ranging in size from 8 inch to 15 inch to the lift station. The lift station is made up of wet well, duplex sewer pumps, electrical switches and controls, odor control, paving, fencing, and back up power. The off -site force main consists of a 10 -inch IPS HDPE, which will discharge into a 12 -inch gravity line. Water System: (Exhibit 3) The water system will consist of upgrades to an existing well, one new well, construction of a storage tank, booster pumps, hydro - pneumatic tanks, and a distribution system of 8 -inch to 12 -inch water mains including fire hydrants. Grading and Drainage: (Exhibit 4) Improvements will consist of two graded channels conveyed under the proposed Saguaro Peaks Boulevard in new concrete box culverts, a single graded channel conveyed under the Arizona Portland Cement property in a new concrete box culvert, an on -site detention basin, and an off -site out -fall channel. Additional drainage improvements will include the installation of pipe culverts under the reconstructed portion of Twin Peaks Road, designed to convey the ten -year storm event. ARVA _ VALLEY ROAD Q 0 c� Scale: 1" = 1000' w I LAMBERT LANE a �' II 11 TWIN RpAD I NEW AND RECONSTRUCTED ROADWAY WIDENING AND CHIP SEAL OR OVERLAY M M m SAGUARO SPRINGS ROADS �.. � � � ��'�� EXHIBIT 1 DATE: 01/30/01 PROJ. No. 96103 o w / z Wy ° O z a Q F E �vs cr a V yr ` W V) o v N z - O c I �X SiL w .�� ONA �R �p E a - o r �k V cn r te ~I c.I O / Z ZZ=� S I O I W I �z II DO Scale: 1" = 1000' SI L �'�A NEW WELL AND D STORAGE TANK G LAMBERT LA �\ ------- - - - - -- - - - -- _ -= --- - - - - -` I-- � -- =_ __- _ - - -- - -- - - �. 1 I , I / Id i glji i t t , t 1 I t I W ki � ` I UPGRADE EASTINC WELL tl ` I � - -- _ J TWIN p`` --------- - - - - -- t I, \� -j If �AD I, AD � _ If —W— WATER UNE K;" I'°�•'°` SAGUARO SPRINGS STATER r{ . 0.'A . fll[ ne- �► A�— 1V any EXHIBIT 3 r. nsw DA E: 01/30/01 PROD. No. 45103 96103 WATM -LE BILDY4 E Z..-.!!!!!E _ o o z 0 N a OC a s s' � \ o \ � x � r t � f a EXHIBIT "E" \ \Server \Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc t . Marana Traffic Improvements to Be Constructed With Developer Contributions Twin Peaks Road: Twin Peaks Road will be widened and overlaid from the west boundary of the Saguaro Springs project to a point approximately 1,740 ft. east, and reconstructed from that point to the east project boundary. Improvements in the overlay portion will include a two (2) inch overlay of existing pavement, widening for left and right turn lanes at Saguaro Highlands drive, and five (5) foot wide bike lanes in each direction. Improvements in the reconstructed portion will include left and right turn lanes at Saguaro Peaks Boulevard, and five (5 ) foot wide bike lanes in each direction. Pipe culverts will be installed under the reconstructed portion of Twin Peaks Road, designed to convey the ten -year storm event. Lambert Lane: Lambert Lane will be widened and chip sealed from the intersection of Airline Road to a point approximately 4,130 ft. east. Improvements will include left and right turn lanes at the intersection of Saguaro Peaks Boulevard and Lambert Lane, and widening for five (5) foot bike lanes in each direction. Additional improvements will include a grade separated ten (10) foot bike path along the south side of the roadway from Airline Road to Saguaro Springs Road. Lambert Lane will be reconstructed from a point approximately 4,130 ft. east of Airline Road to a point 4,900 ft. east. Improvements will include reconstruction of the alignment of the existing curve and the addition of five (5) foot bike lanes in each direction. Airline Road: The intersection of Lambert Lane and Airline Road shall be reconstructed. Improvements will include widening of Airline Road for a left turn lane and five (5) foot wide bike lanes in each direction. Provision will be made for through traffic to proceed south on local street to be constructed with the development of Block 1. Additional improvements shall consist of a two (2) inch overlay from the intersection of Lambert Lane to Avra Valley Road. EXHIBIT "F" PARK PLANS \ \Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc f wo $ .. o ® ° y � W T r ?ir ?fir r ° 0 �m Gom Gom m CL rL m c Q w m go ca D S n m •. N C m ° r m o � m oc ® o of W o �d o y3am 0 a !� r- am Cl) c CD Er :\ 1 1 D W -1 m w o W Cn °1 v o fA m 0 w 0 0 rn c m W / Go ° a 3 v cr co co m o — p _ •n 3 CL c — m U Z m D w a m �� m 3 , w C7 / O / / / F / / .. � = ` o u n S . ?vM 30 o m c CD Cj CL a m O o i ; D) C 3 0 ; \ ` cr cn i CD _ r a CD \ cf) \\ \ Fr CD do0 0s �l C3� cm ill ;• i ~O OF TOWN COUNCIL MEETING TOWN OF MARANA 9 a ArvA INFORMATION ~~ MEETING DATE: AGENDA ITEM: IX. B. 5 TO: ' MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2004-22: Relating to Water Service; Approving and Authorizing,the Execution of an Amendment to the Agreement between the Town of Marana and Best Associates II, LLC, for Construction of Water Facilities and Provision of Water Utility Service for Saguaro Springs. DISCUSSION This item accompanies the Saguaro Springs final plat and amended development agreement items on tonight's :agenda. This resolution would authorize the execution of an amendment to the water utility service agreement that would simply extend for three .years the term of the. agreement and would allow the developer to obtain reimbursement for connections made during the extension period. RECOMMENDATION Staff recommends approval of Resolution No, 2004-22, approving and authorizing the execution of the Saguaro. Springs Water Utility Service Agreement Amendment. SUGGESTED .MOTION . I move to approve Resolution No, 2004-22. BL U Saguaro Springs Water Service. doc FJC 3/29/04 • MARANA RESOLUTION N0.2004-22 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF MARANA AND BEST ASSOCIATES II, LLC, FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR SAGUARO SPRINGS. WHEREAS, Best Associates II, LLC, intends to facilitate the development of that certain properly to be called Saguaro Springs, more specifically described within Exhibit "A", an Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Marana and Best Associates II, LLC, (the "Agreement"); and WHEREAS, Best Associates II, LLC, desires to arrange for the provision of water service to and within the property in connection with its development; and WHEREAS, the Town of Marana is willing to provide water service to and within the property in accordance with the Municipal Code of Marana and in accordance with the terms of the Agreement; and WHEREAS, Best Associates II, LLC, agrees to the construction of water facilities within Saguaro Springs; and WHEREAS, the Town of Marana agrees to provide water service to Saguaro Springs development, pursuant to the terms and conditions of the Agreement; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. ~~ L.J NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Marana and Best Associates II, LLC, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities and provisions for water utility service, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040406 Saguaro Springs Water Service.doc FJC 3/29/04 2 When recorded mail to: Pat P. Lopez III Rusing & Lopez, P.L.L.C. 6262 North Swan Road, Suite: 200 Tucson, Arizona 85718 AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY .SERVICE • THIS AMENDMENT (the "Amendment") to the Agreement for Construction of Water Facilities, between the TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, and BEST ASSOCIATES II, L.L.C., an Arizona limited liability company, executed on February 12, 2001 and recorded on February 22, 2002, at Docket 11742, Page 2771 of the records of the Pima County, Arizona Recorder (the "Agreement"), is made by and between the parties, as follows.. RECITALS WHEREAS, the Agreement was scheduled to terminate as of February 12, 2004 (the "Termination Date"; and WHEREAS, the parties desire to extend the Termination Date of the Agreement. COVENANTS NOW, THEREFORE, in consideration of the Recitals set forth above and the mutual covenants, conditions and agreements set forth below, the parties agree as follows: 1. Pursuant to the provisions contained in Article 6, Subparagraph 6.1 of the Agreement, the parties hereby extend the time in which the Developer shall complete the water facilities and water system construction, as described in Paragraph 2 of the Agreement, for a period of three (3) years from the date of the Termination Date (the "Extension Period"). The extended termination date shall be February 12, 2007 (the "Extended Termination Date"). 2. Notwithstanding contrary provisions in Subparagraph 6.1 of the Agreement, reimbursements to Developer made pursuant to Subparagraph 3.4 of the Agreement, shall continue to be made to Developer for connections made during the Extension Period. H:WDMIN~BLUESHET~BLUESHEE~2004WGT 040406 SAGUARO SPRINGS WATER AMENDMENT.DOC 3. Except as modified by this Amendment, all other terms of the Agreement shall remain in full force and effect for the duration of the Extension Period. DATED this day of , 2004. TOWN OF MARANA, an Arizona municipal corporation By: Its: ATTEST: Bv: Town Clerk APPROVED AS TO FORM: By: Frank Cassidy, Esq., Town Attorney BEST ASSOCIATES II, L.L.C., an Arizona limited liability company By: Its: Member STATE OF ARIZONA ) ss. COUNTY OF PIMA ) Acknowledged before me this day of 2004 by as Member of BEST ASSOCIATES II, L.L.C. • My Commission Expires: Notary Public H:WDMIN~BLUESHE1lBLUESHEEl2004~AGT 040406 SAGUARO SPRINGS TER AMENDMENT.DOC M STATE OF ARIZONA ) ss. COUNTY OF PIMA ) Acknowledged before me this as My Commission Expires: • • day of 2004 by of the Town of Marana. Notary Public H:IADMII I~BLUESHEIIBLUESHEE~2004~AGT 040406 SAGUARO SPRINGS ~ATER AMENDMENT.DOC ~~ BLU 040406 Saguaro Springs Final Plat.doc F.IC:KK 4/1/2004 8:43 AM i0 N Oa TOWN COUNCII, ...MEETING TOwN OF MARANA 9 . A 1, INFORMATION ~~ '~RIZO~~ MEETING DATE: AGENDA ITEM: IX. B. 6 TO: MAYOR AND COUNCIL` FROM: Kevin Kish, Interim Planning Director SUBJECTc Resolution No. 200415: Relating to Subdivisions; Approving the Saguaro Springs Final Plat. DISCUSSION The .applicant is requesting the approval of a Finale Block Plat-consisting of 10 blocks, with Common. Areas "A through "D" and 9 Lots, with Lots "A" and "B" for public dedication, on ap- proximately 790 acres. This plat includes residential .blocks, residential lots,. a proposed school site, drainage and open space blocks, with lots to be dedicated for public utilities, dedications of necessary rights-of-way. The property is generally located east of Airline Road between Lam- Bert Lane, Twin Peaks Road, and the Tucson Mountains. The Town Council approved the Preliminary Plat on March 21, 2000, by Resolution No. 2000- 25. The Developer then decided to change the nature of the: project by removing the golf course. Since this change made significant differences in the`drainage, block distribution, and develop- ment. plan, an Amended Preliminary Plat was required. The Town Council. considered and ap- proved the Amended Preliminary Plat on May 1, 2001, with one. condition. The Final Plat was heard. by the Planning Commission.: on April. 25, 2001, and passed with a recommendation for Town Council approval. This Final Plat is the item before you tonight. This Plat reflects changes that were necessitated by applicant agreements with. Arizona Portland Cement and the Town. The school site and the park site were previously located on Block 9. The school and park sites will. now be adjacent to one another within Block 5. Airline Road no longer runs into Block 1. Instead, access is provided by two driveways off Lambert Lane. The streets and the drainage structures are essentially the same with the exception of Block A, which has been expanded somewhat. The streets are all to be public. streets and will be dedicated to the Town. A portion of the plan is located in FEMA flood zone AO. Thin area may be subject to flooding and all .land in this area will be restricted. to uses that are compatible with floodplain management as approved by the floodplain administrator. The bulk of this .property (652. acres) was rezoned on February 18, 199, by Town Ordinance No. 97.04 creating the base for this Master Planned Community. The remaining acreage was annexed and rezoned in 1999, (Ordinance Nos. 99.05 and 99.14, respectively) integrating these. parcels into the overall project. Asa .condition of rezoning, the project may not exceed a maxi- mum of 2,509 residences. (See General Note No. 15) This property lies within zoning districts R-6 (single family residential, minimum lot size .6,000 sq. ft.), MH (Manufactured Housing), R-36 (single family. residential, minimum lot size 36,000 sq ft.) and C (Large Lot Zone). The site is currently vacant farmland. Plans for the property include single family residences, a recreation site, and an elementary school site within Block 5. The drainage system has been widened and will implement a pedes- trian pathway that goes through the entire community. An agreement to allow drainage to pass under the Arizona Portland Cement conveyer has been. completed. The trail system has been re- designed so bicycles. and pedestrians can go underneath the major roads without having to cross them. There are 5 to 6 miles of trails that the developer will build and give to the community. In .addition, the. retention/detention was moved on-site and softball and soccer fields will be con- structed within. the detention sites. Although Block 1 is zoned MH (Manufactured Housing), the Developer has committed to build single-family site-built housing on that block. RECOMMENDATION Planning Staff recommends approval of the Saguaro Springs Final Plat with the following condi- tions: L A Data Recovery Plan acceptable to the Arizona State Museum- shall be in place prior to approval of any grading of identified archaeological sites. 2. In conjunction with the first preliminary plat, a comprehensive design guideline docu- ment shall be submitted for review and approval by the Town. SUGGESTED MOTION , I move to approve Resolution Na 2004-15 with the recommended conditions. BLU 040406 Saguaro Springs Final Plat.doc -2- FJC.•KK 4/1/2004 8:43 AM PZARANA RESOLUTION N0.2004-15 RELATING TO SUBDIVISIONS; APPROVING THE SAGUARO SPRINGS FINAL PLAT. WHEREAS, the Town of Marana approved and adopted the rezoning on the subject property in three phases in 1997 and 1999 (Ordinance Nos. 97.04, 99.05, and 99.14 respectively); and WHEREAS, Best Associates II, LLC, is the owner of the property located east of Airline Road between Lambert Lane, Twin Peaks Road, and the Tucson Mountains in Section 18, and portions of Sections 17 and 19, and has applied to the Town of Marana for approval of a Final • Block Plat consistin -often blocks, with common areas "A" through "D" and nine lots with Lots g "A" and "B" for public dedication, on approximately 790 acres; and WHEREAS, the Final Block Plat was presented to the Marana Planning Commission on April 25, 2001, and the Planning Commission recommended that the Town Council approve the Final Block Plat; and WHEREAS, the Marana Town Council has considered the Final Block Plat at the regular Town Council meeting Apri16, 2004, and has determined that the Final Block Plat for Saguaro Springs should be approved. NOW, THEREFORE, BE IT RESOLVED that the Saguaro Springs Final Block Plat, submitted by Best Associates II, LLC, for ten blocks, with common areas "A" through "D" and • RSD 040406 Saguaro Springs Final PlatApproval.doc FJC:KK 3/29/04 nine lots with Lots "A" and "B" for public dedication, located east of Airline Road between Lambert Lane, Twin Peaks Road, and the Tucson Mountains in Section 18, and portions of Sections 17 and 19 is hereby approved subject to the following conditions: 1. A Data Recovery Plan acceptable to the Arizona State Museum shall be in place prior to approval of any grading of identified archaeological sites. 2. In conjunction with the first preliminary plat, a comprehensive design guideline document shall be submitted for review and approval by the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6`~ day of April, 2004. Mayor Bobby Sutton, Jr. Jocelyn (:. Bronson, Town c;lerK APPROVED AS TO FORM; Frank Cassidy, Town Attorney RSO 040406 Saguaro Springs Final Plat tlpproval.doc 2 FJC:KK 3/29/04 ~~ ®. ~ ~1 E-y-- _ _ ~:y, TO1NN OF MARANA Saguaro Springs PRV-9955 FP Request for approval of a Final Block Plat consisting of 10 blocks,. with Common Areas "A" through "D" and 9 lots with lots "A" and "B" for public dedication. ~~ TOWN OF MARANA PLANNING DEPARTMENT r \~~ 13555 N. Sanders Road, Marana, Arizona 85653 ~ MARANA APPLlCATlON FOR SUBDIVISION PLAT REVIEW ~/ 1 \ TOWN OF MARANA Project Location: Twin Peaks Road Marana, AZ 85743 Property Location Description: Section 18 and Portions' of Sections 17 and 19 Township 12 East, Range 12 East Assessor s Parce! Number and Legal Description: Existing Use of Property: Agri cul ture and Unimproved Desert REQUEST: - Preliminary Plat Final Plat Amended Plat Resubdivision • Reversion To Acreage XXX Acres: 787 SUBDIVISION NAME: Saguaro Springs PRESENT ZONING: R-6, R-36, C, MH GENERAL PLAN DESIGNATION: Applicants Interest: ~ Own ^ Lease ^ In Escrow ^ Option to Buy Name of Applicant: Best Associates II, L.L.C. Applicant's Address: 6339 East Speedway, Suite 200, Tucson, AZ 85710 Contact Person: Allen Krauss Phone: 520- 721-0400 --FAX: Name of Property Owner. Best Associates II, L.L.C. Address of Property Owner. 6339 East Speedway, Suite 200. Tucson , AZ 85710 Contact Person: Allen Krauss Phone: 520-721-0400 FAX: Project Planner/FngineeringFirm: Urban Engineering, Inc. _ Firm's Address: 877 South Alvernon Way, Suite 200, Tucson, AZ 85711 Contact Person: Forrest Metz Phone: 5 0-~~8-800 FAX: 520-318-3808 I, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACTS SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER THE OWNER OF THE PROPERTY OR THAT I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER TO FILE THIS APPLICATION AND CHECKLIST. Forrest Metz Print Name of Applicant/Agent ~~/~ S re - Date H:(PLANNING\FORMS\DEVPKG\1997\FPRAPP97.000 Page 8 of ~ 1 (Rev. 5/1197) SUPPLEMENTAL SHEET ,_ f Type of Project: ©Residential ~ Commercial ~ Industrial ~ Other (explain) Project Location: Twin Peaks Road Marana AZ 85743 Project Area: 34 , 288 , 388 sq. ft. 787 acres RESIDENTIAL: Apartments Single Family Attached Other Number Density 1 BR 2 BR 3+ BR units RAC 1491 units 5 , 99 RAC 1018 units 4.62 RAC Parking: Total on-site: Ratio: per unit. Garage: Carport: Open: • Open Space: sq: ftJunit. Patios: sq. ft. Balcornes: sq. ft. Storage Areas: cu. ft./unit Total Building coverage sq.ft. Parking Spaces: Seating Capacity: (If applicable) Building Coverage: NON-RESIDENTIAL: Hours of Operation: a.m. to _ Number of Shifts: Employees/Shift: Gross Floor Area: sq.ft. Existing: _ CASE # 1. 2. 3. 4. 5. • p.m. through . Total Employees: sq.ft. Proposed: _ spaces Ratio: /sq. ft. or Employees _ Number of Students/Children: (When applicable) % Landscaping: % of the site LIST RELATED CASES FILE NAME/PROCESS H:(PLANNING\FORMS\DEVPKG\1997\FPRAPP97.DOC Page 10 of 11 (Rev. 5!1197) BOOK ,PAGE • C n ASSURANCE ASSURANCE N 1HE PORN OF A THNTD PARTY IAUST AGREEMENT, 1RUST Na FNOU FDEIITY NATiO11A1 TRUST AGENCY INC. AS RECORDED IN DOCNET Na ON PACE ~IA9 ~! FRONDED TO WAAANTEE STREET IPROVENENTS (NN1UgNG NONUNETITS) ANO DRANAGE AND UM1TY INPROVFMENIS (NCLUANG ElEC1RN; 1FLEPHONE, GAS, CABLE TFLEN9Of1, SEWER AID WATER) N RNS sueaWSON. BY: DATE: TOMN GF MARANA CERTIFICATION OF ASSURED RATER SUPPLY THIS SL~IWSKN TES MniN AN AREA DESANAIED AS HAVWG AN ASSURED WATER SUPPLY. UnLITY gRECTOR, TOWN OF NAAANA TONN OF MARANA APPROVALS I, . CLERK OF THE TOMN OF NARANI~ HEAEHY CERIPY 11UT 1HNS PLAN (OF PUT) WAS APPROVED BY THE IOMN AND COUNCL OF nE TOMN OF NARANA, PMA CWNTY, ARIZONA ON THIS 1HE DAY q' , 20~ BY: 0A1E NARANA TOWN dFmc BY: PE DATE: ONB:CiOR OF PUFAIC woRKS/tDWN ENgF8II2 BY: -DATE PIANNNC gRECTOR DEDICATION 'WE, THE UNOERSI(NED, Iff~Y WA1tRANT THAT ME ARE ALL AND 1HE OIAY PARnES HAVNG ANY 1111E NIFTIEST N THE IAJD SHOYM ON 1HIS PUT, ANO WE, CONSINT TO 1HE SUBgN9ON OF SND LAND N RIE NANNER SHOMN EK]1EON: WE HEREBY DFDDAIE, TO of TONN OF MARANA nE ANH1S OF WAY SHOWN HEREON NId.11gNG dLL S1REEi5, DRANAGEYNAYS, q'E115PACES AND FASENFNIS UTNJTY EASEMENTS AS SHOWW HEREON AAE OEIJICAIED TG PNA COUNTY AF81 All U1N11Y CONPM~S FOR 1HE FURPOSE DF NSTNIAIKIN AND NNNIENANFE DF unullESS AND PUBLIC SEWERS. TiE MdIT 6 RESERYID Fdl FACN BLOd(S OEVEI.OPER nE USE MD ACCESS Of 1FE OPEN SPACE ANl gUNAGEWAIS Fqt FUTURE RAJNED ROAD WAY Atm UINJIY CROSdNGS 'WE 1HE UNDER9d•FD, OUR SUCCESDRS AND ASSIdIS, 00 FEtIFBY SAYE TOMN aF NARANA, ITS SUCCESSORS AND AS9GN5, RNAt EIpLOYEESI OFFICERS AND AGENTS, HABAESS FRgI ANY AND ALL CLAMS FOR DAINAGES RFUTED TO THE USE ff SAD (ANDS, E81W AND N THE FUTURE, BY RFASg1OF FlOODNCA FLOWAFA. EAO9g1 OR DAMAGE GUSED BY WATER, NE,IIHE1;, SURFACE FLOOD OA RANFAIL R 6 Fl1RIHER UNDERSTOOD AND AdTEFD 1WIT NATURAL DRAINAGE SHAll NOT BE AL1E11ED OISNRBED OR OBSIRUCIED WRIIXR APPROVAL Of LIE NARANA TOWN CENHa.' FIDEllTY NATIONAL nnE AGEtNiY, AN ATNZONA CaAPCRAnal1 AS 1RUSRE UNDER TRUST Na 10,851 AND 6O.t21 AND NOT OTHERWISE. BY; DAIS NOTARY ACENOIILEDGEMENT SFATE ff ARIZONA ~ CWNTY OF PINA }}SS 1H5 NSTAUYENT WAS ACKNOWIFDCEO AIrD EKECUIED BEFORE NE ON TENS _ OAY OF 20_ BY FDFUTY NAnOFUI. nnE ACJTkY NC, AN ARJZONA CdiPdU11ON, AND WIRY AS SUCN aFF1CER, BEHC AU1fgfNlfD TO W 50, SIdWD 1HE MANE OF lif CORPORAnON AS SUCH OFFKYA. NY CONIJC9CN ED'IRES: RECORDING STALE aF ARIZONA J ~ SEQ Na SS COUNTY OF PNJA J FEE - llNS INSTRUMENT WAS FIFO FCR RECORD AT 1FE REDDEST aF ON nil5 _ DAY OF _~ ?a- AT N BOOK OF MAPS AND PUTS AT PACE 1HEREaF. TECOROER - F. ANN AODPoGVEZ PMA CWNTY, APoZCNA eY: DatE: OEPIItt PIMA COUNTY APPROVAL BY: DALE PINA COUNTY' DEPAR1llENT OF WASTE WATER MANAGEMENT «SEE SHEET No. 2 SEE SHEET No. 3 / n a n m 'u n zs ss °nm "1 JL 2 _ ----- A 1 2 9 4 6 8 7 B W ~ ~ ~~ ~4 ~ el~Li ~ I ~~° 0 `\~ ^ c \! ]MlCS~ ~ ~~ ~ J319S:B~ ~ b J~ ~ B19~H ~ ~ u ~ e,,, '' \~ '~~~ -~~~ \ -. ~ N ~ -. - " JACKSON YBAOOK PORnAND ~~ s MA A ;~,>'_;"t,C,' _ 8 PIMA COUNTY A TOWN OF NARW~ -_ -.. ~ Q TOWN aF NAwwA ~' ~~' ,~ " PINA COUNTY ~ i3~ I 7EOS .....-_,,.,.. I 13 8 _ _ 19 .,--- IlWA1 OF NARAN PNA COUNTY EE SHEEP Na. 3 PINA couNTY n,N --:-•--..._-- IBE SHEET' Na, 5 IACATION MAP ROAD SECTON IB AFa PORTIONS OF SECnONS 17 N: 19, T-12-S A-12-E dU kA SALT PoY4R NERDIAN PNA COIMTY, IAQONA scuE: r = 1 MNE «SEE SHEEP No. 4 I SEE SHIiET No. 5 EEY MAP GENERAL NOTI'S: scAl>r 1' ~ 800' 1. nlE GROSS AREA OF 1fpS SUBDMSION IS 7~fi9_A~ (33,353,388 50. FL) 2 ZCNNd PO~Rn~ON OF BLOCK 1 BLOq(S 2 THRU 9, A THAU D, At A PORnON aF BLOCK 10 R-8 LOTS t<B, 1 TFNW19, R A PORIDFI aF BLOCNS 1 k 10 A-J6 A POR11ON aF 6LOd(1O C 1 THE TOTAL NUNCfR OF BIOd(S IS 1}, RE TOTAL NUJBER OF LOTS IS 14 4. BASIS OF BEARNG: 11N: NORTH SEC11ON LNE OF THE NORTH WARTER OF SECTON 18, T-12-S, R-12-E BERG A SRUK4IT THE BETWEEN A 3/4' OPEN PIPE FWFD AT nE NORTH WARIER CORNER AND A LEAD CJPPED PPE FOUND AT 1HE NORl1#/ST SECTION CORNER, SAJD BEARNG BENC NORTH 89'45'18' FAST AS SHOWN N ROAD YAPS BOOK 14, PACE ~, S nIE TOTU LENGTH GF PIHLIC SfRFET5151.8O NNLES 6. 1HE AREA'MIHN nE 100-YEAR FLOOD PUIN THUS AEPAESaTS AN A1N'A WHlpl R SUBECf TO FLOOOMEG FROM A 100 YEAR FREWENCY FLOOD. ALL LAND IN 1HIS gDHFATED F1O0D FLW AREA SHAH BE RESIPoCIED TO USES Cg1PATIBIE Mnl FLOOD PLAN MANAGEMENT, AS APPROVED BY 1HE FLOOD PLAN AONNNS1RATg2 LNTN. A IFFIER OF NAP RfN9ON R APPROVED BY THE FEDERAL EMFRCENCY MANACEMLNT AGENCY 7. PUBLIC DRANA(EWAY AND OPEN SPACE AREA (BLOCK A 11RU O) = 15.75 AC SCHOOL 511E (POR11ON OF BLOCK 5) ~ 10.00 AC PUBLIC PARK (PORnON OF BLOCK 5) 6.67 AC 8. NO FlIRTHER SUBpWS1O11 OF ANY LOT OR PARffI. SHOWN NLL 6E OgVE MnIWT 1HE W'BTIEN APF'ROYA1 OF 1HE TOYN aF MARANA MAYOR AND COU1dL 9. 1HE PROF1S9ON/1 ENGNEER OF RECORD SHAll CERTFY AS TO 1F~ FOREL LNE AND FUNC11ONS OF ALL PUBLIC AND PIBYAIE ROADWAYS MD BARRAGE SiRI1CNRES BEFORE niE RELEASE Cf ASSURANCES. 10. All TOT CORNERS ANO MONUMEFITS HlL Ef SET BY AN ARIZOIIA PEGISiFRED LAND 9JRVEYOR AS PART OF nNS FlNAL PUT. 11.1FE USE OF 1HE WORD 'CFRTPY OR 'CERIP1CAnON' BY A LICENSED LAND SURVEYOR N THE PRALINE aF PROFF59ONAL LAND SLYtVE11NC CA RE F'RFPARAININ OF NAPS, PUTS, REPgi15, DESCRP11ONS OR OTHER OOWNENIS OIEY CONSIINIES AN EIPRESSION OF PRg7S9ONU O%NIOW REGARDHC TIDSE FACTS OR FlNONNS MHICJi ARE THE SIIB.ECT OF TEE CERITiCAnON AITI DOES NOT CONSn1UlE A WARRANTY OR WARANTEF; DT1#R E)J'RESSED OR R,P11m. 12 MA)aNIRI BUIDWG HBCHT AS PER ZONNG gtDNANCE SnPUUnOFI iJ. AP.C. NgSE g5CLO91FE NWL BE PAOVWIED ON p811WWA1 PUTS FCR BLOCKS 1, 2, 3 6. 141HE SAGUARO SPPoNCS HONE OWNERS ASSOCUnFN MLL EN1ER NTO A LICENSE AI9iE-/ENT WITH THE 1DWN OF MARANA FOR THE MAINTENANCE OF 1FE PATHWAYS ASSOgA1FD WIH 1HE DRANACEWAYS 15. THE TOTAL NU11BQt aF HONES TO BE 2,509 PER APPROVED ZOHNG. 16. AFL lO1S AND 6LOG(S 1NAT gSCHARGE lO TIE PU&1C SEWAGE PUMPING STARON ON LOT B WWL BE SUBJECT TD SPEdAI FAdl1TY CHARGES PURSUANT TD PNA COUNTY CODE nnE 1J.24.O35. LEGEND PROPERTY BOlADA1TY - - - - - SECTION THE - - - STREET CENTERLW4S - - - - PRCPOSED Pog1T~F-WAY LINE ------- E)aSTNCRK;FIT-DF-WAYUF& LOT LINE - - EROSON HAZIJN) SEl&tq( - - - - 100 YEAR FLOODPFAIN LNIT 9,S1~ ~ NONUNENT LN4E BUNDNG S:TBAd( lR1E - - - - - EASEIkNT LNrE C1 gIRVE DATA (SEE UBI~ l1 L1~ DATA (S'~ TABLE) ® 2' FH/55 q9N aIAYEr NgAIN1ENi IN CONCRETE TD BE SET AND STAMPED BY A AEdS1ERID lAftl SURWETOR 0 FOUND SURVEY MONUIJENT AS ND1ED 1 1/2' REBAR TO BE SET AND TAGGED BBYY A REgSFERfD LMD SURYEYON BENEFICIARY UNDER TRUST No. 80.121 N.CH, NC. A NEVADA CORPORAININ C/0 NAlIONU PORTFOLIO NC. 2944 N. 441H ST , SUIE 200 PHOEFNK, AZ 85018 BENEFICIARY UNDER TRUST ND. 10.851 BEST ASSOdAIES N, LLC 817 S AIVIINON WAY, SUITE 200 1UC5ON, ARI2dVA 85711 1EtFP1iLWE (520) 318-3BIO PCZ-99-21 PRV-9955fp CERTIFICATION OF ENGINEER I HEREBY CEATfY RUT nIE 1OD YEAR ftOOO PRONE tlNIS AND EROSION HAZARD SEIBACSS WERE AEYEYED ARD SHOWN UNOEA MY SUPERW51O11. APoZgNA AEGI51RAlI0N Na ~, a ~Z,fIGVQ~ b zsaae MORRIS I. R1BAC5 CERTH+ICATION OF SURVEY 1 HEREBY CFAIPY WIRY nIE BOUNDARY SURVEY SHOWN ON 1H6 Put WAS PETffOPoED UW)En NY DD;ECTNH AFD 1HAT NL EJOSINIG AFD/OR PROPOSED SURVEY MONUlEN1S ANO MARKERS SHOMN ARE CORRECRY OESpWBED. I FURTHER CERIPY THAT TIMS PUT WAS PREPARED LNOER MY gRECnON. ARZONA AEg511UnON Na 2II~ uvo cYA~"` p sass q, DANIEL A. ~TREYRIAY ~ fJ~~-% ~4r~oNAUS•1" REDUCED COPY MOT TO ICUL PRV-96-97 CASE REFERENCES; ~~ CITD, 4/18/19.1, 3 99FP55-SV ^ SEE SHEET No. 2 SEE SHEET Na. 9 a BOOK ,PAGE BOOK ,PAGE • C7 • -- --~1 \\\ ~------ __ I----I 75' %IST. LAMBER'` LANE \\~ ~ ~ III 611.06 1 IPU IC STAEETI \\\ I I I 230.22' L93 1 PEA1 OOK 14 PAC, 83 \\\ ( _. I "' III 11~~ LOT B ~~' FI - ;;_-_~ \\~-1.--J --=llW~----it--~' r i ~r DEDICA ED AS AOW \\\ ,,, ., Ii NORTH ONE U/RI'SIt < ~ yI BY TNISPLAT ,, -" x FOUND 3/4' ~ON PTP& °z ~ ~ ~ ~ III \\\ i'- ~ ~ °o - ` i , NOATH IS' TO BE III _ \\\ ~ COUNTY m = ~ I ~ ~ DEDICATED AS ROW 3i' CORNBR "' "" " -" -' P \ OF MARINA/ ` III °a~'' i BY THIS PUT - III "'~"°i ' L I iii_ --r----------- )N 18 - - ~ ~ ~ - ------ B.C,3,N. 2 7 N89'47'51'R 2525,55' SBCf10N IB4& ~ ~ N69'45'4B'>t 2640.93' SECTION I P,C,H,D, 13 16 ~ N 89'4751 E C26 C27 1180.57 L 280,85 1521.21 - - ~ _., ~. 89:4ZSL' 1~1699,&7~ -\, - .-, _ S 89'4751' W 611. '18 i -- -- ~,.-r. ~~_~ SURFIC& I Irn ~~wr J i ao 331.08' ...i8'.'.._..... 0 0 H N M 2~fi1~ 2(~1261~ 22t0fi1~20T6~1'~ 20~23'~~90~~9.1''~'2~61' ~i.g3-'~L84 S 89'4751' W 1749.97 ~ \\ S 89'47'51" W 484.77' \ / I DEDICATED BOOSTER ~ ,~ ' / / e~"A / ~ I STATION, WEIl SITE EfOST. 10 EASENENT s )e ' ~ ~s / i ~ ~ II AND STORAGE FAgllTl TUC50N ELECTRIC POWER ) s+ 6"' / 4J / I 15' PUBLIC WATER EASEMENT DKT. 76, PG. 564 s~~ ~ ~ 6k, / 12' BUFFEF BY THIS PLAT ~ ~i ~ "r ;h ~ N ~ I O .2s ~P +~ /,ti0 / ~h h~ ^ 3I I3 p(IST. 30' EASEMENT ~ e ~ ~ h~ ~~' /~ S BLOCK 1 EL PASO NATURAL GAS Co. ~ ~ '~ ~ /~ ~ h RIGHT ~i~ I 81.95 Aces DKT. 50, PG. 619 // ~ /~~ry ~ BY THIS PLAT B ,g DKT. 190, PG. 544 , Z I II ~ 15' DRAINAGE EASEMENT DKT. 34D3, PG. 287 ~ \\ \ 75' DRAINAGE AND PUBLIC ~ ~ UTILITY EASEMENT ~ ~ ~ BY THIS PLAT ~~\ ~sJn ~?C~j. S\ ~f P ~ ~~ l~ ~ \ SEE DETAII, "H" ~s9• ~~ /~ ~JO'"/ \ S 38'23'46' W bk / ~~ / \ 4154.68 ~~ e ~/ ova ~o• ~/ / / / ~ \ 18.52 Aces ^ ,,t~P /~ti 4.?QP~/ / p\ ~ "~ r h ~ PUBLIC > \ ~ ~ /~ry~ P~~ i/ti'~i~ BBANiAOENAr y\~ ~o ~/a ~`'0 / `~/'1' AID OPQI SPACE `~s \ °'~ 75' E%IST. LANBEAT LANE IPUBLIC STAEETI PEA BOON 14, PAGE 83 ROAD NAPS PBi1 COUNTY 111T OF YABII41 R1SL5 OF HB/RiNG N 85:41_19 E~Q~-49 1 wl 1W ~ 3 ,'~, CI y ~ o~0 N I a ~ v N i„ p ry ° N N ~ rtvmt z z "a 110.00' 0 I Z w ~ W~ ti 0 V ~ 4 q r°pj o0 N ~ W ~ ,4 r r W o Po T `~ BY THIS a A PLAT ~ 2 z~ ~ r fN^ ~rv n' r N4 / m/^~ , ^ ~ W '•~~ = z N41T• I h v ^ ACCESS TO BLOq(1 ~ Wlll BE DETERMINED BY ~ FUIURE PLAT. I .I i2 W ~ M oe' ~ ~ ~ I Q~/ ~ /~ j8•\ ~ N ~~oQ`v/,~~'/ BLOCK A 'f`' ~ r0. EXIST. 30' EASEMENT low ~Q y / 21.59 oaes y \\ r~ r EL PASO NATURAL GAS Ca. ~/a ~ I DKT. 51, PG. 72 r / P~ /10' GAS EASEMENT • ~ s~BS \ y I DKT. 50, PG. 619 IZ ~~o~ DKT. 2193, ~, 1'. DKT. 190, PG. 544 oh ~`~• ~' ~~,,h~5 PG. 168, 169 ~ ,~~'~' 4` ^r ~ EXIST. 10' EASEMENT I r\ TUCSON EIECTRIC POWER DKT. 76, PG. 584 ~~ 7 100' DRANAGE ANO ~ ~ 12115 Acres UTILITY EASEMENT ^ \`,~, ~ DKT. 12208 PG. 1975 '! / /< / khr \ N 38'23'46' E / ry ' \\ / / ~ OTTER CORNBR 4064.07 ~ ~ / ~ D N 18 h' / ti0 ~ C P SEC 13 18 1/4 / / N ~ ~ / ~ b~ ~` / ~ . , /~ 1ti / . POI/ COUNTY Ws le /~ ,~~ / /~~~x s j ~ / 6, / .% w c32 9 1 c ~ ~ ~ .o / ~ X6 / ~'~~' 35.51 Aaes ~ ~ m~ ~ ~ h °D Q°o`ry° ~ a v 20' PUBLIC / ^~ ~ / h /,~ / ~p'ti'~/ /y WATER E- A m / ?~ / / BY THIS PLAT 1 ' m ~ / / EfpSTING FEMA ZONE AO DEPTH 1I ~ ~/ FLOODPLAIN BOUNDRY ` .N .. Urban u. Engineering wary, w~ en t rn.,~ way rq~.."p udra,~mi rte,, u esm w ,;~y T~~+~ sm.siexaa PR03:CT Na 9b1AF REDUCED COPY NOT TO SCALE LICE DA TA LINE 6EAPoNG U:HGTH L1 S 6s'4r51' W 114.97' l2 N 89'4751' E 100.00' l3 N 89'45'48` E 13373' l4 S 0012'09' E 19000' L5 S 001709' E 19G00' L6 S 001709' E 215D0' L7 S 001709' E 190.00' LB 5 001709' E 21500' l9 S 001709' E 21500' L10 S 29'46'29' E 114.77 Lit N 3843'46' E 147.53' L12 N 101800E 2&26 L19 S 0012'09' E 21500' l21 S 5712'00' E 21.62' lJ9 N 89'45'48` E 12801' L40 N 89'45'48' E 135.73' l42 N 3823'46' E 16500' L43 N 5196'14' W 100.00' L44 N 3823'46' E 207.47 l45 N 3843'46' E 247.53' L50 S 511700' E 16.24' ts3 N ool7as' w 21500' to N oDlzos' w i15oo' L55 001709' w 21500' L56 N OD1709' W 21500' l59 N 5196'14' W 118.98' L81 N 3sssy9' w 3ea76' L67 N 7843'46' E 29G00' l68 S 001)8'46' E 89.34' lb9 5 OD06'46' E 75.00' UO N 5196'14' W 10&03 Ln N 5196'14' W 106.03 L12 S 29'46'29' E 114.22' L73 S 29'ifi'29' E 107.77 L79 N 29'44'32' W 16.x' l80 N 29'44 W 8.85 L82 N 89'} E 42 L83 N 89'4757 E 147.07 L6} N am7o9' w 15D0 tB5 N 1018'00' E 47.71' L86 S 5712'00' E 56.x' l87 N JB 46 E 2155 lB8 N 784346 E 30. l89 N 3843 46 E 7536' l93 N 89'45 E 20,35' L94 N 89'4 51 E 114.96' 195 N 89'4 51 E 7&93' L96 N E 9fi.D1 197 N 89'4518 E 216.00' L98 N 00'0646 W 190.04' q~iVE DAT A CURVE DELTA RApUS a 12sros' 6co. 4a6.~ a 21s5s6' 861.28' Cl 1237'06' 145. 394.16 CB 9239'15' 25.00' 19.57 C9 8700'45' 25.00' 37.9r CIO 2041'JO' 305. 819.Oi' CZI 88'25'31' 25.00 38.59' C23 84'40'20' 590.00' 7J8. crs 90U0'00 25A0' J927' C27 9000'00' 25A0' 3927 C31 10518'JS' 30.00 5514 C32 51'43'31' 30.00' 27.08' C36 8954'J7' 2504 39.23' C38 1257b6' 855.00' 419.32' C39 SOOd51' 95.00' 918.04 ~ ~ BL (1 SS \ r ~ i~ \ v09 l( I ~~J,~J e in ry ?j j ~~ ~~,9 ~ ~ J~y~~`~y \ << 1 ~~ ~ ~0~ ~ ~ A~/ ~G• DETAIL "B" N SCAIE: 1' "200' ~~• ~~ \ ~o \,C,0.' Q°~ ~ 111'3 PCZ-99-21 SAGUARO SPRAIIGS PRV-99551p BLOCKS t TFRI! 10 d A T1~I D MD LOTS 1 TfRU 9 ~ A A11D B sECnallla AIKI Paa9aes ~ SEC1101S 17 A18)19, T-12-5, R-12-E, CEA AND SALT PoVQI NERDIk1 PRY-96-97 TOWN OF MMANA, PoNA COUNIY, ARQONA CASE REfER01CES: )~!`} I.J, 4/18/19.2, 3 99FP55 - SY SCAIE 1' = 200' SHFET 1 a1 @ ~r ~ ` y ~ ~ ~ BLOCK 6 rN \ \ \~ys U I ~~oy; 27.94 Aaes \ \ss~ 40.00' PUBLIC SEWER I I ~ \ \~T>. EASEMENT BY THIS PLAT ~ \\ \ j`~s UI ° BLOCK 8 ~\ \ A .~ / \ \F I 100,36 Aaes ~ \ ~ \ h ~ 1 ~ \ \ 4ry MATCH LINE\~• SEE SHEET No. 4 1 I N9D'00'00"E 3504.43' ~\\~ -- \\ - C21 ~---- ~\\ ,~ BOOK ,PAGE BOOK ,PAGE • t r PER BOOM 14, PAGE 63 AOAD MAPS BY THS PLAT ~ N89'!5'48"B 2840,93' (SBCTION LINB~ 1 W ~la I' N z x w ra rn z x U' d'. `~ m y~~' ~ r - ~~ ~ ~~ , 'AIL °A" ~pl~~,~ ~ ~ \ Ql~~+ .' ~OY~4~. ~ NORTHEAS( CORNRR w. M~ SECTlO~1 l8 ~.~~ //~ L.S. 5713/2° ~ ~ ~ LAMBERT LANE _ _ _ _ _ ABANDONMENT PAOCEEDNNiB Na 2181\ ` PER BOOK tt, AT PAGE 47 ROAD NAPS ~ LV CIIJGI"CI\I 1 1~\ DKT. 9359, PC. 1291 ~+I~ DKT. 9D76, PG. 826 - ++ ~i DKT. 8993, PC. 1150 N + l 139 DKT, 8914, PG. 1700 1 ~,OCK 9 3 ~V 20' EASEMENT ' 32.62 Aaes EASEMENT DKT. 8914, PG. 17D0 +~,~ 20 o X11 OKT. 9076, PG. 82f P -%'I DKT. 9125, PC. 115 ` g ..,, a. ,., „~ 20.35' I ~I 0 °a~ w ~~ N ~~ U F y~~~...JJJ Wµ accESS To BLOCK 7 A1LL ~ DETERMINED BY FUTURE PLAT. M IN ~w g rn ~o z 121.151 Acres ti II s ~ \~FT. ~}~' 1 \ ~~ ~B, ~~~~ `~ \ \ `~,~ ~ ~ ~~. \ \ ~,\ qi ~ 000 ~,~ 1~ • oti~'/ ~~ ACCESS TO DLOCK 9 VALL BE DETtANINED BY FUTURE PLAT. w it li n I 1 Ir II n II \\ 11 ~~ N R36 ~ R6 ~ C ~, ~ N w o a 1 ~ ~j N n M _ a ~ a Ib` 0 n P z 8 z N N i jN 1 i A. N~ °~ `' ~^ BAST QUARTER m , FND. &40. STI MATCH L[NE SEE SHEET Na. 5 J -BS'( FACB 1 '~o\ 18 17 g~ K p w w 139.86 Acres 1 V) W M N 1 M ~ Y V7 ~ 8N ~. Z N ~I i ~'``~ 11`, ~~ j'~1 i ~~ ~~~~~~ ,1, 1 ~' ~11 '' ~I l 1 PCHD 1/2" REBAR L43' BAST 1 2° R681R, R.LS. 5713 ~, 2.24 SOUTH LAMBERT LANE PEA BOOK 1b AT PARE 83 AOAD MAPS ~. ~~. -------- ~ ~~ t , ,,,~ ~w., ..., 5 ~'4fl9' w 12,:ro 5 85'41'19' w 9J3.80' s 37.1 5 ~ 5~,~ IJ9 5 85'41'19• w 111.33' S 85'41'19 M 199.48' _ ~~ 32,62 ACRES DETAIL "A" N 89'4548° E NTS SOUTHEAST CORNER OF THE NORTH$EST 1 4 OF THE NORTH$EST 1/4 OF SECTION l7A T-12-S, R-l2-B FOUND 1/2 REBAR TAGGED 4S. 5713 CUIYE DATA CURVE DELTA RAON15 lEN0 C1 125106' 180000 106.89 C9 87Y10'45° P5.07 J7.97' C2J 84'40'20' 50000' 13890 CJ8 1257'06' 85500 419.J7 3 REDUCED COPY NOT TO SCALE N SCALE: I' = 200 7 8 .8 17 g 3 ~i ~ a S z PCZ-99-21 PRV-9955(p PAY-9fi-97 CASE REFERENCES: PC2-9fi-54 O17.J, 4/18/19,2, 3 99FP55 - SV BOOK ,PAGE BOOK ,PAGE • 1 P[YA COUNTY n i0 0 ~~ ,o a 12' BUFFER 81.95 Aaes ~% /~ / / ~- 12' BUFFER ~~ ~,/ ~ / / S 38'23'46' W ~` '~ ~/ ~, / / 4754.68. ~, 3 1~ "y _ ~/~~ '~/ ~~iFE11A iOF~ AO DEPTH i `~lI yP BY THIS PLAT ~I z 0 W w a / / 39' NrrOttiH I PROP. ///L_1 / / BY~B# PLdf ~~ i / ,~0 / 10' EASEMENT ~' / pKT. 2193 / `~a / PG. 168 d< 169 BL K Z / 35.51 Acres 39' SOUTH 12 PROP. ~I~ 16' EASEMENT BY~IHI~PIAT DKT. 759 ~ PG. 1006 ~I[a DKT. 7545, PG. 660 EXISTING wEU SITE ~ 78.00' ~ I I ^I 1~ Q M I ~~~ ~ ~ 31 ~ 3 4= o l a~ SOCK B F5 0 ( 0 39.74 Aaes S = ZI Z ~ I 46' TQ BE ~DICATED AS AOW BY THIS PLAT 39' EAST 12 PROP. 39' WEST 1 2 PROP. BYHITHI~PWAT BY~3HI~PL2AT ~ I a<oac a 1 ~ BLOt~ 8 27.94 Aaes I " MATCH IANE SEE SHEET 2 ° 100.3fi Aaes ~, ~, i 20' PUBLIC SEWER EASEMENTI BY THIS LAT N90'00'00"E_3504.43' N 99'oG~ JSO4~ - -C2i 932.91',...- - - -^~ - -_ I 935.56 C22 ~ ~ N m ~ o m ~ ~ J P. ~. 1 a ~\FAp ~ P ,`~ I s J" A ~, ,~. ''m dLOq( 4 , ~. ~ `' 41.70 Aaes m, w r^ ~~ ~ 9p ~ v'. 0 . 2 ~s._ SOUTR 1/4 CORNER h T1F9 \~is ~< N' v~ ~ \ ~ry~/ ~~~ ~~ ElOSL 10' EASEMENT - NCSON ELECTRIC PO! BOOIf 190, PAGE 544 ~\ >n T A~ ~ ~ ~\ EL PASO NATI ~j~ ~, BOgc 76, PAG ss, /~\ u~ ~ ~S~ m pep. rn m Wy x F BLDCK 8 100.36 Aaes lu - -~ 5 89'50'50' w 1403.92' `~'~15.47 Aaes S ~77J'1p L18 B / --.~,- _1717.04_ -~ _~__ ~.Z¢1 L38 f8I975. /C1 _ -- --- - --------- --------••--- - ~- -- -•• - - -~ ~q N89'S0'S0"E / \ ---•--f------- -- -~ \ l9s Nh / - - - - - - - - \ Ba E1asr. AlWI G3a / _ ~; ~ ~1~3,7p" ~, ~~ / 1 TWIN PEARS ROAD / C30 ~ \\~~ ~ 89026' C14 ^' dN A~ / SECf10N LRNE AND PEA BOOR 2, AT PAGE 161 / \~ ~.~ ~ ~~ / ~ OF TTRN PEAK ROAD 1 ROAD MAPS / \ JX73,1 ~• \~ ~ C15 / \ N89'50'50°E 2524.91'.{SECTION LIMB) \ 7w{~ •.~^ ;y~ // 36CfIUTON~IBCORNER ~` SA CORNER TO S 1/4 SECTION 18 \\ / NO'DT i(ARKED LCP, ~ // \ / l8" BBLOR SURFACE \ / \ / ~ - PIIBIIC DAAAIAQENAIf AND OPEN SPACE - ~6 ~-L37 1 / //~ --~ -- ~, .w Lot' - ~ \ / ~~------------~~ \ LI7 ~ ~ B D.59 Aaes C18 CI7 111304' TO PC //~, YO C 16 T54. p~23'10" E \\ f LJ4 S 8950'50" W 536.02' ~ ~ qg A0~ D~q rN 89'50'50° E \ L35 S 89'50'50' W 600.00' 13 18 6Y ~ ~ 1.27 18 ` 13 N89'S0'S0'E 600.00' N89'S0'S0"E 1177.04' TO PC ~~~ ` J SAT _ 315.62' - ~ z ~ \ 24 19 / / 24 19 / NO89'S0'50" E ~ C~ 9'50 50 E E%CLUDEO S , N 01'32'29" E 2.31' I y ~~~ ' ~ AREA ~ ~ ~ Tp f 4 Y ~------------------------~ w d7 ` r C39 ~ ~w~~CgYO ~ ~~Y a \ N / Jrben ~ 'engineering \ 80' EKAiTNB AOW ~ ~ ~ Tp~ ans. wenon w"r \ TWIN PEAKS ROAD ~41gRq ~ / .Mm r~,o", u asm \ \ P1lfq\~ , na'- s7o,sie.seao H ~ ~ ------ -----~~TY '`~CeDpi~. ~~82gp9. ~~ • ~ ~q~ ~\\~. '~: PCZ-99-21 PRV-9955fp REDUCED COPY NOT TO BCAL! PRV-96-91 CASE AETERPICES PAZ-9fi-54 CI7,J, 4/18/19.2, 3 99FP55 - SV N SCALE: 1' =tar CURVE DATA CURIE DELTA RADIUS LENGTH C2 2155'S5 2250.00' 861.26' CJ 20'49'32' 2250.00' 817.82' C4 0115'23' 2250.ar 284.96' CS 5031'S4' 1000.00' X7.76' C6 8334'18' ~.ar 1171.53' C10 2021'30' 2305,W' 819.01' Cf 1 26'30'29' 2JOS0D' 1066.11 C12 5031'54' 945.ar 8JB93' CiJ 5031'54' 1055.00' 9J6.59 C4 9103'38' 25.00' ~.7J' C15 8856'22' 25.W' 3&61' C16 IT46'00' 1221.28' J7810' C17 90'01'05 25.00' x.28' C18 8958'55" 25.00' x.26' C19 8J34'18' 839.ar 122&65 C20 8354'18' 761.00' 1114.42' C21 8825'34" 25.W' 38.58' C22 8825'J4' 25.00' 38.58' C23 84'40'20' SW.ar 738.90' C21 1258'IJ' 1176.28' 266.28' C25 C30 IT46'00' 04'47'55" IU618' 1176.28' 316.14' 98.52' CJ4 IT46'00" 1146.28' 355.45' CJ9 50'W'S1' 2195.ar 1916.04' BOOK ,PAGE BOOK ,PAGE ,\ tip/ V \ \ NOTE \ \ ACCESS TD eLOac 7 wlu. eE \ \ OETERNWED BY Fl1NRE FIAT, n ~~D w w U ~<~~, 1 Yl BLOd(4 I; 47.7D ACRES I~ v 1 3 N M v a tV M rn r 6fATCH LINE SEE SHEET 3 M N . w \ \ s ~ \ '~ ~ EXIST. 30~ EASEMENT o EL PASO NATURAL GAS Co. "~ ~ M a ° M y~. ~ \ s~, \ OKT. 51, PG. 72 ~ DKT. 50, PG. 619 3 m I ~ ~ °° , F ti DKT. 190, PG. 544 ~ I _ N ~`~~ • ~ \'~% BLOCK 7 ~ I ~ p \ \ \ ~ 121.15 ACRES ~ I c ~~ ~ 2 \ ~ EXIST. 1D~ EASEMENT `~°~ \ I N a I "' ~~ ~ry NCSON ELECTRIC POWER c~ \ DKT. 16, PG. 584 W w • 139.86 ACRES \ ~ \ I I~ ~° 6 C N P '~ \ \ „~cP o o lz~ j j wm \ y ' `T \\ Z \ I g N m eloac a ~ ~\ I 10QJ6 Aces , 'i'`~ \ I I ~\ I \ ~ ~\ \\ I ~ ~e~ \\ I ~ ° €~ \\ I w \ ~ ~ SOUT9Bd5T CORNBlt ~~ GP sac~,oN la a I \~ SSf 1/2 RSBAR, LS 14172 . I ~ caUNrr 1~s N h o I \ \ ~ N 1 \ \ la 17 \ SOUTH LINE Of SEC?ION 11 1YNI11 OP ^~ \ S 89'33'58" W 1553.55' Plifd IX \~~° N o - - - - - N89'50'50'& Z8S9.12' (S6CtWN LIl~16) 19 20 \\ Cl n'k'.~Wly~ o+ ~ \\ .. ..._....._._ "' h N ~ \ EXIST. 10' EASEMENT ^ ~~15 , flp, 7310" w r w ° \ \\ BOOK 19D, PAGE 5440W1:R ••~~ N~ ~ ` ~AI' o o ~ ~ T ~ EXIST. 30' EASEMENT ° e °0 EL PASO NATURAL GAS Co. \~'~ Ot ~ m w ~' ~ ~\~ 76. PAGE 583 1p w 3T ~~ N 8P v' wpabso ~ ~' N ~ ~ ~ ° ~ \ ~'• ~ ~ J 37.10 Acres ~ ~ ~ ~ ~ ~ ~ < ~ ~~ ~' ~~8p \ ~~\ N mM o '~~71'~W ~~99sa~ 1\ ~.~ / ~'~ ~'~ 19 20 ~~~~ ;'\ _, ~, ~-. FOUND A.C3. ~~ ~, _•\~ -~ R.LS.7599 ~ ~• '• \~_ ...~.i3........, N H N scxE: t' = 2oD' CUtVE DATA CUR1E DATA RADIUS lFNC1H a anszr 225aoo' 264.96' cs so'srs4' laoaoD' ea7.7s' CIt 2670'29' 2305.00' 068.41' C12 5051'54' 945.00' 83&93' CI3 5051'54' 1055.00' 936.59' CI4 slw'3e' 25.00' 39.7s CIS C23 885622' 84'40'20' 25.D0' 500.04 3&81' 73&90' C39 SOU751' 219500' 1916.04' REDUCED COPY IqT TO ICAIL PCZ-99-21 PRV-9955fp PRV-96-97 CASE AFFEAQICES: PCZ-96-54 Gi7.3, 4/18/19$ 3 99fP55 - SY BOOK ,PAGE ~' pow" TOWN COUNCIL MEETING TOWN OF MARANA 9 A N ; INFORMATION ~RIZpN~ MEETING DATE: Apri16, 2004 ;AGENDA ITEM: IX. B. 7 TO: MAYOR AND COUNCIL FROMr Frank Cassidy; Town Attorney SUBJECT: Resolution No. 2004-43: Relating to Roads; Approving and Au- thorizing the Mayor to Execute an Intergovernmental Agreement with -Pima County .for Design and Construction of Improvements to Cortaro Road: :.DISCUSSION This proposed resolution would approve and authorize the Mayor to execute an intergovernmen- tal agreement. (IGA) .with Pima County for the design and. construction. of improvements to Cor- taro Road, widening Cortaro Road to a four-lane divided cross=section from the Union Pacific Railroad Crossing to Camino de Oeste and tapering to the existing two-lane cross-section at Star Grass Drive. Under this IGA,. Pima County will pay toward .the Town's construction $7,000,000 of the: $8,200,000 of County bond funds approved in the November 4, 1997 special election for the improvement of Cortazo Road from the Union Pacific Railroad. Crossing to Thornydale Road. The .Town's construction of this segment of Cortaro Road is feasible at the estimated cost of $7,000,000 only with the direct participation of the developer of the .proposed Willow Ridge pro- j ect, which is .the subject of a pending rezoning application that was considered and recom- mendedfor approval (6-1) by the Town of Mazana Planning Commission at its regular meeting on Mazch 31, 2004. Because of this, Resolution No. 2004-43 authorizes the Mayor to execute this IGA only after the effective date of the Willow Ridge rezoning. If for any reason the Willow Ridge rezoning is not approved or does not become effective, the Mayor will not be authorized to and will not execute the IGA on behalf of the Town. If the Council approves Resolution No. 2004-43, it and the unexecuted IGA will be forwazded to Pima County for consideration and approval. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-43, approving and authorizing the Mayor to execute an IGA with Pima County for the design and construction of improvements to Cortaro Road. SUGGESTED MOTION I move to approve Resolution No. 2004-43 BLU 040406 Cortaro Road IGA.doc 4/1/2004 8:37 AMFJC • MARANA RESOLUTION N0.2004-43 RELATING TO ROADS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA. COUNTY FOR DESIGN AND CON- STRUCTION OF IlVIPROVEMENTS TO CORTARO ROAD. .WHEREAS, the County and Town may contract for services and enter into agreements with one another for joint or cooperative. action pursuant to A.R.S. § 11-951, et seq.; and .WHEREAS, on March 16, 2004, the Town of Marana adopted Ordinance No. 2004.05, an- - vexing into the Town certain property located along Cortaro Road straddling Camino de Oeste; and WHEREAS, $8,200,000 in Pima County bonds was authorized for improvements to Cortaro Road from the Union Pacific Railroad Crossing to Thornydale Road in the November 4,1997 special election; and WHEREAS, the Town desires to undertake a prof ect for the design and construction of Cor- taro Road involving widening Cortaro Road to afour-lane divided cross-section from the Union Pa- cific Railroad Crossing to Camino de 0este and tapering to the existing two-lane cross-section at .Star Grass Drive (the "Cortaro/UPRR-Oeste Project"); and WHEREAS, Pima County and the Town desire to facilitate the design and construction of the Cortaro/UPRR-Oeste Project utilizing a portion of the 1997 bond funding; and WHEREAS, the Town anticipates that a budget of $7,000,000 will be adequate for the Cor- taro/IJPRR-OesteProj ect ifthe work can be accomplished in connection with an anticipated devel- opment agreement with the developer of the proposed adjacent Willow Ridge project; and WHEREAS, the proposed adj acent Willow Ridge prof ect is currently in the Town of Marana rezoning and development agreement process, and is subject to later legislative action by the Town Council of the Town of Marana and other potential proceedings which could cause it either not to be approved or to have its effective date delayed; and WHEREAS, the Town Council fords that approval and execution of an intergovernmental agreement with Pima County for design and construction of the Cortaro/UPRR-Oeste Project is in the best interests of the citizens of the Town of Marana so long as the Cortaro/ITPRR-Oeste Project can be accomplished in connection with an anticipated development agreement with the developer of the proposed adjacent Willow Ridge project. • RSO 040406IGA with PC re Cortaro Road #2004-43.doc -1- 3/31/1004 4:48 PMFJC NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF l~2ARANA, AS FOLLOWS: SECTION 1. The intergovernmental government between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby au- thorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana when and if, but only when and if, the rezoning of the proposedadjacent Willow Ridge project and the associated devel- opment agreement with the developer of the proposed adjacent Willow Ridge project are approved and become effective. SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby author- ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said Exhibit A, upon its execution in accordance with Section 2 of this Resolution. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C, Bronson, Town Clerk APPROVED AS TO FORM; Frank Cassidy, Town Attorney 4`J RSO 040406IGA with PC re Cortaro Road #2004-43.doc -2- 3/31/1004 4:48 PMFJC A } I Intergovernmental Agreement between Pima County and the Town of Marana for design and construction of improvements to Cortaro Road from the Union Pacific Railroad Crossing to Camino de Oeste Table of Contents Recitals .................................. ..............................1 1 . Purpose ............................. ..............................3 2 . Project .............................. ..............................3 3. County Design Responsibilities ......... ............................... 3 a. Technical documents and drawings ............................ 3 b. Review and comment ........................................ 3 C. Construction plans and specifications ........................... 4 4 . Construction ......................... ..............................4 5. Town Review of Contracts ............. ............................... 4 6. Utility Relocations .................... ............................... 4 7. Rights of Way and Construction Easements ............................. 4 8. Right of Entry ....................... ............................... 4 9. Project Permits ....................... ..............................4 a. Town permit fees ............ ............................... 4 b. County issuance of Town permits .............................. 4 C. Other permits required ....... ............................... 5 10 . Public Art ......... ............................... ...............5 11. Public Participation .................. ............................... 5 12. Project Manager and County Representative ............................ 5 13. Financing of the Project ............... ............................... 5 a. Allocation of County bond funds ............................... 5 b. Town responsibility for excess costs ............................ 5 C. Betterments .. ............................... ..........5 14 . Payment ............................. ..............................6 15. Establishment of County Highway ...... ............................... 6 a. Petition to establish County highway ........................... 6 b. Establishment of County highway .............................. 6 16. Regulation of the Project During Construction ........................... 6 17. Ownership, Operation and Maintenance . ............................... 6 a. County inspection ........... ............................... 6 b. Abandonment of County highway within Town .................... 6 C. Acceptance of the Project by Town ....... . ..................... 6 i. Continued ownership and operation . .................. 7 ii. Insurance, Repair and replacement . ................... 7 d. Ownership of installed materials, equipment and appurtenances ..... 7 18. Term and Termination of Intergovernmental Agreement .................. 7 a. Effective Date ............... ............................... 7 b Term ............ ......... ..............................7 C. Termination ................. ..............................7 i. For cause .......... ..............................7 ii. At will ............ ..............................7 iii. A.R.S. § 38- 511 .... ............................... 8 -i- iv. Non- appropriation .. ..............................8 V. Arbitrage .......... ..............................8 vi. Legal authority • 8 vii. Ownership of property upon termination ............... 8 19. Indemnification ....................... .............................. a. Mutual Indemnity . ............ ..............................8 b. Preexisting conditions ........ ............................... 9 C . Notice ...................... .............................. d. Negligence of indemnified party ............................... 9 e. Survival of termination ....... ............................... 9 20. Insurance ............................ .............................9 21. Town Accounting of Project Costs ...... ............................... 9 22. Books and records ..................... .............................. 23. County Inspection and Audit ........... ............................... 9 24. Construction of Agreement ........... ............................... 10 a. Entire Agreement ........... ............................... 10 b. Amendment ................. ............................. C. Construction and interpretation .............................. 10 d. Captions and headings ........ .............................10 e. Severability ................. .............................10 25. Legal Jurisdiction ..................... .............................10 26. No Joint Venture . ..................... .............................10 • 27. Workers's Compensation . ..•••••••••••• •••••••••••••• 10 ••••••••••••••• 28. No Third Party Beneficiaries 11 29. Compliance with Laws .............................................. 11 a. Anti - Discrimination ......... ............................... 11 b. Americans with Disabilities Act .............................. 11 C. Compliance with County laws . ............................... 11 30 . Waiver .............................. ............................. 31. Force Majeure ........................ ............................. 32. Notification .......................... ............................. 33, Remedies ................ ............................... ........12 -ii- Intergovernmental Agreement between Pima County and the Town of Marana for design and construction of improvements to Cortaro Road from the Union Pacific Railroad Crossing to Camino de Oeste This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona ( "County") and the Town of Marana, Arizona ("Town") pursuant to A.R.S. § 11 -952. Recitals A. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951, et seq. B. Town is authorized by A.R.S.§ 9- 240(B)(3): (a) To exercise exclusive control over the streets, alleys, avenues and sidewalks of the Town and to give and change the names thereof. (b) To prevent and punish for the encumbering thereof, and to abate and remove all encumbrances and obstructions thereon. (c) To widen, extend, straighten, regulate, grade, clean or otherwise improve the same. (d) To open, lay out and improve new streets, avenues and alleys. (e) To vacate or abandon any street, avenue, alley, park, public place or sidewalk in such town or to abolish them, provided that rights -of -way or easements to existing sewer, gas, water or similar pipelines and appurtenances and for canals, laterals or ditches and appurtenances, and for electric, telephone, and similar lines and appurtenances shall continue as they existed prior to the vacating, abandonment, or abolishment thereof. PC/MARANA DOT 18 IGA 040204 1 (f) To protect the same from encroachment and injury. C. Pursuant to A.R.S. § 28 -6701, the Marana Town Council may petition the Pima County Board of Supervisors to establish a county highway in the Town and, pursuant to A.R.S. § 28 -6702 and § 28- 6703, the Board of Supervisors may establish a county highway in the Town. D. County is authorized by A.R.S. § 28 -6707 to construct and improve part of a highway located in an incorporated city or town in the same manner as if it were located outside an incorporated city or town. E. County and Town desire to cooperate in an improvement of Cortaro Road from the Union Pacific Railroad Crossing to Camino de Oeste ( "the Project "). F. County and Town desire to define the terms and conditions under which the Project is to be engineered, constructed, financed, and maintained. G. The Project consists of the reconstruction and widening of Cortaro Road from the Union Pacific Railroad Crossing to Camino de Oeste. H. The Pima County Board of Supervisors included the Project in the Bond Improvement Plan for the November 4, 1997 Special Bond Election. I. The Pima County Board of Supervisors adopted guidelines for bonding disclosure, accountability and implementation of County transportation bond projects in other jurisdictions in Pima County Code § 3.06.080, "Implementation of County Bond Projects in Other Jurisdictions" and Pima County Ordinance No. 1997 -80, Section VIII, "Implementation of Transportation Projects in Other Jurisdictions." J. The estimated total cost of construction of the Project is approximately $7,000,000.00. K. $8,200,000.00 in County bonds was authorized for improvements to Cortaro (Farms) Road from the Union Pacific Railroad Crossing to Thornydale Road in the November 4, 1997 Special Election. $7,000,000.00 of the $8,200,000.00 of County bond funds approved in the November 4, 1997 Special Election has been allocated as the County's contribution to the Project to be designed and constructed by Town. L. Town intends to provide all funds necessary for the Project in excess of the $7,000,000.00 in County bond funds contributed by County. M. County and Town have agreed that Town shall construct the Project and that Town shall advertise, award, execute and administer the construction contracts for the Project. PUMARANA DOT 18 IGA 040204 2 r N. Construction of the Project is currently scheduled to commence on or before January 1, 2005, subject to acquisition of all necessary utility clearances, rights of way and easements, and is currently estimated to be completed approximately 18 months after the start of construction. O. At the conclusion of Project construction by Town, County will abandon to Town all of the Project roadway and adjacent rights of way lying within the limits of Town pursuant to A.R.S. § 28 -7212, and Town will accept it for inclusion in Town's maintenance program. NOW, THEREFORE, the Town and the County, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement 1. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the construction, maintenance and operation of the Project and to address legal and administrative matters among the parties. 2. Project. The Project consists of the reconstruction and widening of Cortaro Road from the Union Pacific Railroad Crossing to Camino de Oeste. 3. Design Responsibilities. Town will complete design of the Project in accordance with Design Standards included in the American Association of State Highway and Transportation Officials and Federal Highway Administration Standards for highway engineering and construction, the Pima County /City of Tucson Standard Specifications for Public Improvements, and Town's municipal design guidelines. a. Technical documents and drawings. County shall provide Town with copies of all existing technical documents and drawings in County's possession which are required for design of the Project. b. Review and comment. County shall review and comment on all engineering studies, technical data and specifications provided by Town for the design and construction of the Project under a schedule determined by Town to ensure timely progress on and completion of improvements. If no comments are received by Town within fifteen (15) working days following delivery to County, Town may assume County has given approval. C. Construction plans and specifications. Construction plans, specifications and estimates shall be submitted to County for comment at 50 %, 90% and 100% completion of Project design. If Town receives no comments within fifteen (15) working days following receipt, Town may assume County has approved the construction plans, specifications and estimates submitted for review. PUMARANA DOT 18 IGA 040204 3 4. Town Construction Responsibilities. Town shall advertise, award, execute and administer the construction contracts for the Project. Town shall have the usual rights of the owner of a public construction contract, including the authority to approve changes and make payments. 5. County Review of Contracts. Town shall afford County the opportunity to review and comment on the solicitations for all contracts, including relevant scopes of work, prior to Town's issuance of such solicitations. To the extent possible, Town shall afford County the opportunity to review and comment on all contract modifications, change orders and supplemental agreements prior to the execution of such contract modifications, change orders and supplemental agreements. In any instance where providing County with notification and opportunity for review of any contract modification, change order or supplemental agreement is not possible prior to execution of such modification, change order or supplemental agreement, Town shall provide County written notification of the modification, change order or supplemental agreement immediately upon execution of such modification, change order or supplemental agreement. To the extent possible, Town shall also afford County the opportunity to review and comment on all contract claims prior to resolution thereof. 6. Utility Relocations. Town shall be responsible for all utility relocations within the Project boundaries. 7. Rights of Way and Construction Easements. Town shall be responsible for acquiring all construction easements and rights of way necessary for construction of the Project. 8. Right of Entry. Execution of this Agreement by County grants to Town the right to enter upon County -owned lands, rights of way and easements necessary to construct the Project as defined by the construction plans, specifications and estimates. 9. Project Permits. Town shall be responsible for acquiring all permits necessary to construct the Project, including the requisite Stormwater Pollution Permit from ADEQ and any federal permits required for the Project. a. Town permits. Town shall provide any Town permits required in connection with the Project at no cost to the Project. b. County permits. County shall provide any County permits required in connection with the Project at no cost to the Project. C. Other permits required. In the event any other governmental entity requires Town to obtain any approval, permission or permits for the Project, County shall cooperate with and assist Town in its application for such permits. PC/MARANA DOT 18 IGA 040204 4 10. Public Art. Public art shall be included in the Project in accordance with the standards set forth in the County's Bond Improvement Plan for the November 4, 1997 Special Bond Election, unless otherwise agreed by County. 11. Public Participation. Town shall manage all public participation processes for construction of the Project. County and Town shall meet to coordinate the public participation process, which shall be approved by County prior to commencement of design and construction. 12. Project Manager and County Representative. Town shall furnish a representative to perform the functions of a Project Manager, and County shall furnish a representative available to cooperate and consult with the Town concerning all matters of the Project during construction. 13. Financing of the Project. a. Allocation of County bond funds. $8,200,000.00 in County bonds was authorized for improvements to Cortaro (Farms) Road from the Union Pacific Railroad Crossing to Thornydale Road in the November 4, 1997 Special Election. $7,000,000.00 of the $8,200,000.00 of County bond funds approved in the November 4, 1997 Special Election has been allocated for construction costs of the segment of the project from the Union Pacific Railroad Crossing to Camino de Oeste. County shall therefore contribute $7,000,000.00 of County HURF bond funds as the County's contribution to the Project for construction costs incurred by Town. No November 4, 1997 County bond funds in excess of $7,000,000.00 may be expended for the Project without the prior approval and amendment of this Agreement by the Pima County Board of Supervisors. b. Town responsibility for excess costs. The final cost of the Project shall be that necessary to complete the Project, including any change orders or supplemental agreements approved by Town for unanticipated work. Town shall be responsible for all costs of the Project in excess of allocated County bond funds identified in Section 13(a) of this Agreement. C. Betterments. The Town shall be solely responsible for the costs of any Betterment incorporated into the Project. The term "Betterment" shall mean a change in the design and construction of an element of the Project resulting from the application of standards that County determines exceed those that County would otherwise apply for accomplishing the design and construction of that element. PUMARANA DOT 18 IGA 040204 5 14. Payment. a. County agrees to pay to Town a total of $7,000,000.00 following award of the construction contract for the Project by Town and based on periodic invoices submitted by Town for progress payments for construction accompanied by a detailed progress report at intervals mutually agreed to by the parties. b. Town shall provide written notice to County of completion and final acceptance of the Project by Town. Upon completion and final acceptance of the Project, Town shall conduct a Final Accounting Statement of all construction costs of the Project and shall provide County a copy of the Final Accounting Statement within 90 days of final acceptance of the Project by Town. 15. Establishment of County Highway. a. Petition to establish County highway. Pursuant to A.R.S. § 28- 6701(B), the Marana Town Council submitted a petition to the Pima County Board of Supervisors for the establishment of a county highway for the Project as described in the attached Exhibit A. b. Establishment of County highway. The Pima County Board of Supervisors shall take the actions required by A.R.S. § 28 -6702 and § 28 -6703 to establish the Project county highway. 16. Regulation of the Project During Construction. Town will have responsibility for and control over highway access, traffic regulation and signing for the reach of the Project during construction. Town shall provide a traffic control plan to County for comment and approval prior to the commencement of construction. 17. Ownership, Operation and Maintenance. a. County inspection. County may inspect any portion of the Project construction for substantial compliance with drawings and specifications. Town shall allow County inspectors reasonable access to the Project site before, during and after construction. b. Abandonment of County highway within Town. Upon completion in substantial compliance with drawings and specifications and acceptance of the Project construction by Town, County will abandon pursuant to A.R.S. § 28 -7212 all of the Project roadway and adjacent rights of way lying within the limits of Town. c. Acceptance of the Project Roadway by Town. Upon abandonment of the Project roadway by County, Town shall accept control of and maintain, at its own cost and expense, the Project roadway located within the limits of Town. PGMARANA DOT 18 IGA 040204 6 i. Continued ownership and operation. Town shall not dispose of or encumber its title or other interests in the Project facilities within the limits of Town for 25 years following the date the Project is abandoned by County to Town. Town shall operate and maintain the Project facilities within the limits of Town for a period of not less than 25 years. ii. Insurance; Repair and replacement. Town agrees to insure or self - insure the Project facilities within the limits of Town after conveyance to Town and to repair or replace the Project facilities within the limits of Town if damaged or destroyed within 25 years of abandonment of the Project roadway by County to Town. d. Ownership of installed materials, equipment and appurtenances. Upon completion of all work under this Agreement and abandonment of the Project roadway by County to Town, ownership and title to materials, equipment and appurtenances installed under this Agreement will automatically be vested in Town. No further agreement will be necessary to transfer ownership. 18. Term and Termination of Intergovernmental Agreement. a. Effective Date. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder. b. Term. This Intergovernmental Agreement shall terminate upon completion and acceptance of the Project by Town and abandonment of the Project roadway by County to Town. However, the ownership, operation, and maintenance provisions shall remain in effect for 25 years from the date of the County abandonment of the Project roadway. C. Termination. i. For cause A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. ii. At will County or Town may terminate this Intergovernmental Agreement by giving sixty (60) days written notice. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. PC/MARANA DOT 18 IGA 040204 7 iii. A.R.S. § 38 -511 This Intergovernmental Agreement is subject to the provisions of A.R.S. § 38 -511. iv. Non- appropriation It is acknowledged that all obligations of the County and Town hereunder to make payments to or to incur costs for the specified Project shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision in this Intergovernmental Agreement, this Intergovernmental Agreement may be terminated if for any reason the Pima County Board of Supervisors or Marana Town Council does not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreement. In the event of such cancellation, County and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. V. Arbitrage County may unilaterally terminate this Intergovernmental Agreement whenever the County determines violations of federal arbitrage regulations are likely to occur and may reallocate the Project funds. vi. Legal authority Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. vii. Ownership of property upon termination Any termination of this Intergovernmental Agreement shall not relieve any party from liabilities or costs already incurred under this Intergovernmental Agreement, nor affect any ownership of the Project constructed pursuant to this Intergovernmental Agreement. 19. Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. PC/MARANA DOT 18 IGA 040204 8 b. Preexisting conditions. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in paragraph a, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originated from property owned or controlled by the indemnifying party prior to the execution of this Intergovernmental Agreement. C. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. d. Negligence of indemnified party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees, except as provided in 19(a) above. e. Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. 20. Insurance. When requested by the other party, each party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self - insurance. 21. 'I'own Accounting of Project Costs. Town shall account for all funds expended under this Agreement. 22. Books and records. Town shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives _of any other party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property of Town at the completion of the Project, except copies maintained by County for its records. Within three (3) months after acceptance of the Project by Town, Town shall provide County "As- Built" original drawings at no cost to County. 23. County Inspection and Audit. County employees may perform any inspection of the Project or reasonable audit of any books or records of Town in order for the County to satisfy itself that the monies on the Project have been spent and the Project completed in accordance with this Agreement. PGMARANA DOT 18 IGA 040204 9 24. Construction of Agreement. a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. C. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 25. Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Town. 26. No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between County and any Town employees, or between Town and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 27. Workers's Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies while performing pursuant to this IGA, for purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any worker's compensation benefits which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23 -906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental PC/MARANA DOT 18 IGA 040204 10 agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 28. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of streets and highways different from the standard of care imposed by law. 29. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti - Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order Number 99 -4, issued by the Governor of the State of Arizona, are incorporated by this reference as a part of this Intergovernmental Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. C. Compliance with County laws. Town agrees to comply with Pima County Code § 3.06.080, "Implementation of County Bond Projects in Other Jurisdictions" and Pima County Ordinance No. 1997 -80, Section VIII, "Implementation of Transportation Projects in Other Jurisdictions." 30. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 31. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of PC/MARANA DOT 18 IGA 040204 11 uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 32. Notification. All notices or demands upon any party to this agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: Town of Marana: Pima County: Director of Public Works Director, 3696 W. Orange Grove Road Department of Transportation Tucson, Arizona 85741 & Flood Control District 201 N. Stone, 3r floor Tucson, Arizona 85701 33. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and the Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: - TOWN OF MARANA: Town Clerk Bobby Sutton, Mayor ATTEST: PIMA COUNTY: Lori Godoshian, Clerk of the Board Sharon Bronson, Chair of the Board PC/MARANA DOT 18 IGA 040204 12 Approval The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by the undersigned, and is hereby approved as to content. Kurt Weinrich, P.E. Director, Pima County Department of Transportation and Flood Control District Farhad Moghimi, P.E. Director of Public Works Town of Marana PUMARANA DOT 18 IGA 040204 13 A Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Deputy County Attorney Town of Marana: Attorney for the Town PC/MARANA DOT 18 IGA 040204 14 • r • 1pWN O TOWN COUNCII. MEETING ' TOWN OF MARANA AR A ; INFORMATION ARJZUwJ' MEETING DATE: April. 6, 2004 AGENDA ITEM: IX. B. 8 TO: MAYOR AND COUNCIL FROM: James R. DeGrood, P. E., Assistant to the.Town Manger for Special Projects SUBJECT: Presentation on Preliminary Infrastructure Requirements for Northern Martina .DISCUSSION A preliminary analysis of the infrastructure improvements that will be necessary to support the anticipated residential, .commercial, and employment. growth in Northern Marana has been conducted. This analysis is primarily focused on the transportation and parks needs for the area, but`will be expanded to include the cost of general government, drainage, potable and non- potable water supplies/systems and schools. This presentation is intended to update the Council on preliminary results of the study and to take input on future direction and/or areas of study refinement that are desired by Council RECOMMENDATION Staff recommends that further refinement of the infrastructure needs study, and an expansion of the cope of the study occur, to be followed with the preparation of a development impact. fee ordinance that will ensure that development equitably bears the cost of the new infrastructure demanded in the area. Staff further recommends that the findings and recommendations of the study be presented for comment at a council workshop. SUGGESTED MOTION I move we direct staff to continue. with the infrastructure needs study, expand the scope of the study, and schedule a Council workshop to discuss the study findings.. • MARANA RESOLUTION N0.2004-43 RELATING TO ROADS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY. FOR DESIGN AND CON- STRUCTION OF IMPROVEMENTS TO CORTARO ROAD. WHEREAS, the County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS, on March 16, 2004, the Town of Marana adopted Ordinance No. 2004.05, an- nexinginto the Town certain property located along Cortaro Road straddling Camino de Oeste; and WHEREAS, $8,200,000 in Pima County bonds was authorized for improvements to Cortaro Road from the Union Pacific Railroad Crossing to Thornydale Road in the November 4,1997 special election; and WHEREAS, the Town desires to undertake a prof ect for the design and construction of Cor- taro Road involving widening Cortaro Road to afoot-lane divided cross-section from the Union Pa- cific Railroad Crossing to Camino de Oeste and tapering to the existing two-lane cross-section at Star Grass Drive (the "Cortaro/UPRR-Oeste Project"); and WHEREAS, Pima County and the Town desire to facilitate the design and construction of the Cortaro/UPRR-Oeste Project utilizing a portion of the 1997 bond funding; and. WHEREAS, the Town anticipates that a budget of $7,000,000 will be adequate for the Cor- taro/tJPRR-Oeste Proj ect if the work can be accomplished in connection with an anticipated devel- opment agreement with the developer of the proposed adjacent Willow Ridge project; and WHEREAS, the proposed adj acent Willow Ridge prof ect is currently in the Town of Marana rezoning and development agreement process, and is subj ect to later legislative action by the Town Council of the Town of Marana and other potential proceedings which could cause it either not to be approved or to have its effective date delayed; and WHEREAS, the Town Council finds that approval and execution of an intergovernmental agreement with Pima County for design and construction of the Cortaro/UPRR-Oeste Project is in the best interests of the citizens of the Town of Marana so long as the Cortaro/UPRR-Oeste Project can be accomplished in connection with an anticipated development agreement with the developer of the proposed adjacent Willow Ridge project. • RSO 0404061GA with PC re Cortaro Road #2004-43.doc -1- 3/31/2004 4:48 PMFJC NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The intergovernmental government between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby au- thorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana when and if, but only when and if, the rezoning of the proposed adjacent Willow Ridge project and the associated devel- opment agreement with the developer of the proposed adjacent Willow Ridge project are approved and become effective. SECTION 3. The Town Manager, Town Attorney and other. Town staff are hereby author- ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said Exhibit A, upon its execution in accordance with Section 2 of this Resolution. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this. 6th day of April, 2004. Mayor Bobby Sutton, Jr. • • ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 0404067GA with PC re Cortaro Road #2004-43.doc -2- 3/31/2004 4:48 PMFJC z 0 CD m U) CD (n O N W O D O W C:) � W C) r--t- U) C C7 C CD N N N N CD 00 O O O 0 n O 00 CD O O O Z O O O -h :3 O O 0 ' -F- CD (D CD _ CD :3 0 D � - ( CD cn co (/) (.C) t< a W n C- U) O O O N) �- o �: CD O o 0 0 c- 0 0 o o r-f- 0 O - - -h O o CD D O cn U CD o CD 3 � O Q) z V ..* CD 0 06 O 1, C qq o I M L L Lj L .J L L — o o �? -1 C7 v v m N v D v D � cc � v cc C) CD 0 -s Q � v �" � n U ) c n 7 1 0 CD c BCD ; :3 — O -i �' O 0 ,-� C n ,� -5 CD . 0 O o � �1 c� � N — I CD cn 0 - CD 0 CD .. cn Q iv -� v O �< C C o CD cn CD �l r-+L U) v ., t 1 '� I I N � � O 1 t 222 O 5� O Q � � c � o a I F Z ID m CL OL I, of 2 SA 97 91 � 3 3 6 Doi ovo N) o 77 0 O CD ( (D � O m � c� r ������ cn E (D ° Q ° N) FCC ° ° ; v ° v C) CD 7 , -s p X O rn � v m o O Q. 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CD :3 0 0 0 (n < r-f- m ° (n 3 cn CD Il legal I II a a 2 e| I i ts .41814 /q A \ ! � f> . .�.. ..: . >.., :- . . . "IN\ . ` � =7 m CD 0 m 0 -.� o c) -� x o o O c� ° D CD `C ° � Z) o o .1- C l) z CD CD G) �- C Z3 CD ° - CD <3 m — 0- CD CD - z �, � --I � o Cl) 3 � 0 0 < - C/) o < m 3 ° C o CD o cv < 3 3 m C W CD cn D cn 3 c m CD �- CD ° cn 0 CD C w _0 � — CD • • TOWN COUNCIL ~ N MEETING TOWN OF MA>EtA1vA 97 INFORMATION ARtZON MEETING DATE: 'April 6, 2004 AGENDA ITEM: IX. B. 9 TO: MAYOR AND COUNCIL FROM: Leslie Liberti, Environmental Coordinator SUBJECT: Conservation Planning Process Update DISCUSSION In December 2002, the Town initiated a Conservation Planning process to determine. whether. to seek an incidental take p ermit from the U.S Fish and Wildlife Service to ensure Endangered Species Act (ESA) compliancefor certain capital improvement projects and urban development within the Town. Phase I of the Town's Conservation Planning process was concluded in May 2003. The result of this first.:.-phase` was a list of species'"recommended by the Technical. Biology Team for consideration as part of a Habitat Conservation Plan (HCP). An overview of the Phase I process was presented at the July 15, 2003, Town Council meeting.. Phase II of the HCP planning process, which began in September 2003, consists of two elements: (1) evaluating the impacts of urban development and the Town's capital improvement projects on each of the target species identified in Phase I and (2) developing strategies for mitigating these impacts in a manner that meets the requirements of the Endangered. Species Act. .This presentation will review the tasks completed to date, during Phase II and confirm the timetable for the remainder of Phase II including the expected date for a working draft of the Town's HCP. RECOMMENDATION Information Only. SUGGESTED MOTION None Required. FJC:LL 3/29!04 Elements of a Habitat Conservation Plan and Status of Town HCP Planning Process • HCP. plan Town HCP planning status element Permit length The length of the proposed permit is 25 years (through 2030). This time- eriod is based on Town of Marana Ion -ran a trans ortation Ian. Permit area The ermit area corres onds to the Town of Marana 'urisdictional limits. Covered All land development (residential, commercial, industrial) or other activities activities permitted by the Town during the permit period and all capital improvement projects (roads, bridges, parks) to be implemented by the Town durin the ermit eriod will be covered under the ermit. Covered Sixteen (16) species were identified during Phase I as both: (1) present species within the Town or having potential to be present within the Town and (2) listed as endangered or threatened species or likely to be listed within the next 5-10 years. These species were also categorized with respect to the Town's need (high versus low) to obtain a take permit for each. The draft HCP will identify some or all of these species to be covered under the permit. High need species: • Pygmy-owl (endangered) • Burrowing owl (candidate for listing) • Tucson shovel-nosed snake • Ground snake Low need species: • Lesser long-nosed bat (endangered) • Pafe Townsend's big-eared bat • Mountain plover • Talus snails • Willow flycatcher (endangered) • Yellow-billed cuckoo • Yuma clapper rail (endangered) • Mexican garter snake Riparian species • Lowland leopard frog • Gila topminnow (endangered) • Sonora sucker • Huachuca water umbel endan ered Impact Town staff is currently working with the Technical Biology Team to (anticipated evaluate the impact of proposed covered activities on target species. This take rocess will continue throu h June 2004. Conservation Town staff is currently working with the Technical Biology Team to strategies develop the conservation strategies. This process will continue through June 2004. Management This element will be developed in later phases of the Town's HCP and monitorin tannin rocess. Implementation This element will be developed in later phases of the Town's HCP and fundin tannin rocess. • • • Timeline for Remainder of Town of Marana's Habitat Conservation Planning Process -Phase II Draft HCP review Draft HCP Follow-up a royal Technical March to June -develop conservation strategies for: June July to September Biology March: pygmy-owl, 2 bats July-August: conservation Team (TBT) . April: burrowing owl recommendations • Mav: 2 snakes • September: report Council decision • June: 8 riparian species, plover, talus snails Stakeholder Late-June to July July August to September Working June/July: review proposed covered activities, August: implementation Group permit length, target species recommendations (SWG) Jam: review conservation strategies • September. report Council decision Town Staff August August October • In-depth information session; receive staff Present additional conservation input, any questions are taken back to the recommendations; outline potential for SWG integrating HCP planning recommendations into Town planning activities Town August to September September- October Council August: in-depth information session; receive (tentatively . Present additional conservation Council input, any questions are taken back to Sept. 7th)*` recommendations; outline potential for the SWG integrating HCP planning • September: present answers to any questions recommendations into Town planning from the August information session; working activities draft put forward for Council approval and decision regarding whether to pursue an HCP and for which s ecies * A draft HCP must be submitted to the Arizona Game and Fish Department prior to September 30, 2004 under the terms of Town's IGA with the Department. Habitat Conservation Planning Basics Endangered Species Act The Endangered Species Act (ESA): 1. prohibits the "taking" of a listed (endangered or threatened) species 2. .requires that federal agencies to ensure that their actions do not jeopardize listed species To "take" a listed species means to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to engage in any such conduct. Federal agencies must consult with the U.S. Fish and Wildlife (USFWS) to ensure that their actions do not result in jeopardy to any listed species or result in the destruction or adverse modification of critical habitat for any listed species. This process of working with the USFWS to minimize these impacts is referred to as a Section 7 consultation. Section 7 consultation requirements apply to: 1. private developments that require a federal permit (such as Army Corps Section 404 permit) if it is judged that they may affect an endangered species 2. Town capital improvement projects that require a federal permit or receive federal funding if it is judged that they may affect an endangered species . The result is that many private developments within the eastern portion of the Town of Marana (Tortolita fan) must undergo Section 7 consultation related to the' cactus ferruginous pygmy-owl because they have a federal nexus (404 permit) and they would result in anon-negligible impact to the owl. In addition, many Town projects, especially road and bridge improvements, require a 404 permit and/or receive some form of federal assistance (such as money from the Federal Highway Administration). These projects, if they have a potential to impact the pygmy-owl or other listed species, must undergo Section 7 consultation. Town CIP projects that have required Section 7 consultation include: Silverbell Road improvements, the District Park at Silverbell and Cortaro, and Tangerine Road improvements. The end product of a Section 7 consultation is that the USFWS issues an incidental take .permit (ITP) for the project in question. The ESA allows for an otherwise legal activity, such as road construction or residential development, to be implemented even if it does result in the incidental taking of an endangered species, as long as the resulting take does not jeopardize the continued existence of the species. As part of the ITP, USFWS (1) specifies the amount of take allowed under the permit, (2) identifies measures that must be implemented to ensure that the impacts of the projects on listed species and critical habitat are minimized, and (3) issues a statement that the permitted project, in combination with any required measures, does not jeopardize the species covered in the permit. Habitat Conservation Plans Section 7 consultations, because they are tied to federal permitting processes, can take a significant amount of time to complete. It is not uncommon for consultations to take two or three years to complete. For municipalities, which often face numerous Section 7 consultations associated with their capital improvement activities, the uncertainty associated with the consultation process can make planning and implementation of capital improvements projects more time-consuming and more costly. Section 10 of the ESA establishes an alternative process by which municipalities, organizations, or private landowners, either individually or in cooperation with others, can "consult" with the USFWS on a number of projects at once. Under Section 10, an applicant develops a habitat conservation plan (HCP) to submit to USFWS along with an .application for an incidental take permit. An HCP differs from a standard Section 7 consultation in several respects. 1. A Section 7 consultation deals with a single project or a set of interrelated projects with a defined scope and construction period. An HCP specifies a set of covered (or permitted) activities. This set of projects is determined by the applicant and may include any activities either implemented by or permitted by that entity over any desired period of time. For Marana, any capital improvement projects that the Town wishes to implement and any private development permitted by the Town can be covered under the HCP. Covered activities in an HCP do not have to be in any way related. The permit length is also specified by the Town. Previous HCP permit lengths have ranged from 1 year to 100 years. 2. Section 7 consultations address only the impacts of the proposed project on currently listed species. HCPs, since they can span longer periods of time, can be forward-looking and address impacts to both listed species and non-listed species. This is especially advantageous if there are species that are not currently listed, but are likely to become listed during the permit period. 3. The approval of an HCP and the issuance of an ITP by USFWS is considered to be a significant federal action and is therefore subject to the process and public involvement requirements of the National Environmental Policy Act (NEPA). Among other things, this means that alternative courses of action must be evaluated, such covering more species or fewer species than in the proposed plan. An HCP is similar to a standard Section 7 consultation in several respects. 1. Like a Section 7 consultation, an anticipated level of take must be identified for any covered species. In an HCP, the impacts of the proposed covered activities are assessed for each proposed covered species. Typically these impacts are determined by estimating the number of acres to be disturbed by the covered activities and then calculating the acres of habitat for each covered species that is anticipated to be lost as a result of this disturbance. Take can also be measured as a expected loss of individuals of a species but this is difficult to assess when several species are being considered and the project impacts occur over a large area and over many years. 2. In both approach, the applicant must negotiate with the USFWS to establish required measures that minimize or mitigate anticipated impacts to the species or critical habitat. In the Town's HCP, these required measures are referred to as `conservation strategies'. 3. The end product of both processes is an incidental take permit. Under a Section 10 permit, the ITP provides ESA coverage for (1) any activities specified in the • HCP, (2) that are implemented within the permit period, (3) with respect to any target species. identified in the HCP, (4) as long as the level of take does not exceed that specified in the HCP. Any projects that falls outside of these parameters do not have ESA coverage under the HCP and associated Section 10 take permit. These projects would have to be addressed either by amending the original HCP or by taking them through a separate Section 7 consultation. • • • SOW ~F TOWN COUNCIL MEETING TOWN. OF MARANA 9 A~ ; INFORMATION '~RIZOM~ MEETING DATE: April 6, 2004 AGENDA ITEM: ` IX. B. 10 ' TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager ..SUBJECT: State Legislative Issues: ` Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Included here are Legislative Bulletins No. 9, 10 and 11. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on .specific legislative issues. `SUGGESTED MOTION None required. State Legislative Issues MAR/1CB 03/31/2004/5: 00 PM ~~ ~~ ~ ,~. ` ~, LEGISLATIVE BULLETIN ~ Issue No. 9 March 11, 2004 3. +~ ~.~ . IN THIS ISSUE Eminent Domain...lt's Back, It Refuses to Die and It Multiplies Eminent Domain...lt's Back, It Refuses to Die and It Multiplies ...1 Senate Committee Clears Legislation to Increase Cost of Purchasing ASKS Service Credits.. 2 HELD: SB 1306 Elections; Cities; Counties; Influence; Prohibition .. 2 A Simple Amendment or So We Thought!........... ...... .2 Property Tax Bills Reduce Business Share of Tax .............. .. 3 House Ways & Means Committee Fails a Strange, Bad Bill ........ 3 ID Bill May Require Change in Your Procedures ......... . .... 3 Session Passes Halfway Mark .... 4 Lt~~U>v t) 1~1`1ZC?Ilti L}.1.~.~5 Al~nt)W~'1S Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities and Towns 1820 W. Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Faa:602-253-3874 E-mail: league@mg.state.az.us Internet: wwwazleague.org On Wednesday the House debated and gave preliminary approval to not one, but two, bad eminent domain bills. HB 2539, which is a bill from Representative Leah Landrum Taylor, would allow attorney's fees and expenses to be awarded to the property owner if the final judgment in a condemnation case exceeds the government's offer by 10%. HB 2678: Eminent Domain was introduced by Representative Eddie Farnsworth and would virtually eliminate cities and towns' ability to condemn property for'redevelopment. In a disturbing trend this year, traditional opponents of cities and towns' eminent domain authority, such as Representative Eddie Farnsworth, have teamed up with some House Democrats, such as Representatives Landrum Taylor, John Loredo and Ted Downing, who allege that cities and towns do not fully compensate property owners and that only certain communities are "targeted" by local governments. Despite strong opposition from cities and towns, as well as other government entities that condemn property, HB 2539 passed through debate and was approved with no voiced opposition on the floor. There appears to be strong sup- port to pass HB 2539 out of the House. Worse yet, HB 2678 not only passed House floor debate Wednesday, but was amended by Representative John Loredo to require a city or town to provide compensation to a residential property owner sufficient to allow the owner to purchase and relocate to a home of comparable size. This provision is already addressed in federal and state law and, as best as we can tell, municipalities do this in practice anyway and then some. Backing Representative Loredo's amendment was Representative Downing, who would like to model the State's condemnation policy "after China",citing world- widestudies he has done on the subject. He proposed that people who have property condemned by a government agency should be given a "Good Samaritan" award. Further, he would like people that have property condemned for redevelopment purposes to have special benefits from the new project. We guess that means if a slumlord had property condemned to build a redevelop- ment project with a movie theater, that slumlord should be given free admission to the movie theater for life. HB 2539 and HB 2678 are both scheduled for a fmal vote in the House later today or perhaps tomorrow As you will remember, the eminent domain bill took front and center stage in the Senate last year, as Senator Tibshraeny negotiated a com- promiseamendment that raised the bar significantly for municipalities to use condemnation for redevelopment. Make sure to let your legislators know that last year s reforms need time to work before the law is changed again. Page 2 Senate Committee Clears Legislation to Increase Cost of Purchasing ASRS Service Credits The Senate Finance Committee gave approval to HB 2029: ASRS; Service Purchase; Cost on Monday. This bill would change the way that service credits are purchased within the Arizona State Retirement System by setting up a formula that uses the present value of the additional benefit that is derived from service purchase using actuarial assumptions. The three other state retirement sys- temscurrently use this formula and the change is designed to increase the solvency of the ASRS assets, however it would have the effect of increasing the cost of service purchase for ASRS members. Another change proposed in the bill would require that a person be a member of ASRS for five years before any service credits could be purchased. A retroactive effective date made these provisions espe- ciallyproblematic for cities and towns and other government enti- ties that have recently joined ASRS, as it would have hurt employees that are trying to retire within five years and who would be unable to purchase credit from ASRS within that time frame. A fix to this problem was presented in the committee, as the bill was amended to remove the retroactive effective date, which will give employees time to purchase service credits under the existing system before the bill becomes effective. Without the retroactive effective date, the bill's changes will take effect after the standard 90-day time period after session ends, which is usually in the late summer, depending on how long session runs. The bill was only assigned to the Finance Committee and it will move next to caucus and consideration before the full Senate. HELD: SB 1306 Elections; Cities;.. Counties; Influence; Prohibition • SB 1306 has been held in House Judiciary for at least one week giving us additional time to work on the issue. This bill prohibits any city, town or county employee from influencing the outcome of an election or allowing any city, town or county resource to be used to influence the outcome of an election. It includes fines of up to $500 for each violation of this law This language is very vague and could be interpreted to include all sorts of employees and resources. Is a public information officer Issue No. 9 March 11, 2004 not allowed to answer questions of a reporter if it could influ- ence acity or town election? Is a community center staffer who books a room that is used to discuss an upcoming elec- tion expected to pay a $500 fine? Current law restricts cities and towns from advocating a campaign position. However, the need for municipal officials to provide information on ballot measures. is essential for the public to understand the issue before they vote.. Because of the vagueness of the bill, the ability of city officials to provide information would be brought into question. As SB 1306 has already sailed through the Senate, we need to hit it hard in the House. Please contact your House Members who sit on the Judiciary Committee. Those members are Committee Chair Steve Tully, Committee Vice Chair Carole Hubbs, and Representatives Ted Downing, Steve Gallardo, Randy Graf, Chuck Gray, Ben Miranda, Gary Pierce, Bob Robson, Wally Straughn, Bill Wagner and Steve Yarbrough. Please ask for their "NO" vote on this bill. A Simple Amendment or So We Thought! First, a little history before we begin our story of the unsuc- cessfulquest to amend a measure currently before the Legislature. In June of 2002, the Chief Justice of the Arizona Supreme Court issued a memorandum declaring that pro tem judges for justice of the peace and city/town courts must be lawyers. This ruling was based on the Chief Justice's interpreta- tion of aprovision of the Arizona Constitution and obviously caused problems in implementation for both sets of courts. In some jurisdictions, there are not sufficient lawyers to even per- form this chore. Fast forward now to the 2004 Legislature and SCR 1009 which was introduced to address this problem but only at the justice of the peace level. We figured that city/town courts had simply been overlooked in the drafting and felt confident that once we pointed out this oversight that an amendment would quickly be included. Oh, were we wrong! We have been working to get this measure changed since pretty early in the session and yesterday had to declare defeat when the list of who was opposed to our suggested amendment became clear. It seems that everyone from the Chief Justice to the Speaker's office plus the sponsors of the measures do not want to include cities and towns in this proposed amendment to the - CONTINUED ON PAGE 3 Legislative Bulletin is published by The League of Arizona Cities and Towns,1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Vsit us on the Internet at wwwazleague.org. Issue No. 9 Morch 11, 2004 Constitution. The Supreme Court has no problem with the justice of the peace change, by the way, and it is close to being passed by the Legislature. Evidently, we have stumbled on some sort of carefully and deli- catelycrafted compromise, and no one wants to do anything to upset the apple cart. Negotiating our simple amendment seemed to be more like negotiating world peace at some points in this process. So, it appears that cities and towns will be stuck with appointing associate magistrates with terms and other benefits while the justice courts are let off the hook, presuming the voters approve the Constitutional amendment. The legislative process can be frustrating; this is a good example of that in 2004. Property Tax Bills Reduce Business Share of Tax With a goal of economic development and greater equity for busi- ness and industrial property owners, Representative Steve Huffman this year has introduced several bills to reduce the assessment ratio of such property. Two of them are moving through the process. Reform on this issue is beginning to look more and more inevitable since both the Legislature's and the Governor s task forces on finance recommended some lowering of the business assessment ratio closer to the residential rate. Currently, business and industrial properties are assessed at 25% of their full cash value while residential properties are assessed at 10%. The business community has been attempting to reduce the 25% figure for a number of years contending that the difference in ratios imposes a much greater burden on business properties than residences. This is true for the primary property tax which is levied for general fund purposes as well as the secondary proper- ty tax which is imposed to pay debt service for bond issues. We have generally opposed these efforts along with other local government representatives. Now to the specifics from this session. H. 2263 reduces the assess- ment ratio for business and industry from its current 25% to 24%. It would apply across the board to both primary and secondary prop- ertytaxes. The impact on each jurisdiction would differ depending on the mix of residential versus commercial and industrial proper- ties. There would be no automatic loss in revenue, however, the change would shift more of the burden to residential properties. Page 3 original form, raised the assessment ratio for historic properties, foreign trade zones and other classes with assessment ratios of less than 1090 to 10% and reduced the ratio on vacant property from 1696 to 109'0. This bill would have significantly impacted both the commercial versus residential burden of paying off future bond issues but also the bonding capacity of counties, cities, towns and school districts. Representative Huffman approached us with a compromise on these bills which we have accepted. The League will support H. 2263 as an economic development tool and a measure that may take some of the pressure off these yearly attempts to reduce the business assessment ratios at a more drastic level. In return, Representative Huffman has agreed to not move forward with H. 2264. House Ways & Means Committee Fails a Strange, Bad Bill HB 2111: Bonds; Overrides; Publicity Pamphlets failed in the House Committee on Ways and Means this week by a vote of 3-6. This was a terrible bill that would have required the County Attorney's office to examine and approve city and town bond and override election publicity pamphlets. It also would have removed current require- ments to print pro and con statements in the publicity pamphlets. Some questioned why a city or town should print a bond or over- ridepamphlet without pro and con statements as well as why a County Attorney should have veto power over a municipal func- tion? Well, members who voted this bill down may have asked the same things. We thank Committee Chair Steve Huffman and Representatives Ted Downing, Jack Jackson Jr., Leah Landrum Taylor, Tom O'Halleran and Doug Quelland, for seeing the lack of wisdom in this bad bill and stopping it in its tracks. ID Bill May Require Change in Your Procedures H. 2443 which deals with the type of identification required to obtain public services has passed the House and is headed to the Senate. The League has not taken a position on the bill, but we want to bring it to your attention for its possible impact on your procedures particularly application for city/town utility services. H. 2264 called for a reduction in the assessment ratio for business and industrial properties from 25% to 209'o for secondary proper- tytaxes levied to pay off bonds issued in the future. It also, in its The bill provides that if the state or other governmental agency, including cities and towns, requires identification before providing - CONTINUED ON PAGE 4 Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Vsit us on the Internet at www.azleague.org. Page 4 a public service then the identification must have been issued by a state or federal authority which can be verified by a law enforce- ment orhomeland security agency. Public services are defined broadly to include any services funded in whole or in part by state or local tax revenues. According to the legislative summary of the bill, some non-U.S. residents present in the United States utilize identification issued by embassies of their own countries located in the United States. This bill prohibits this type of identification from being accepted. There is an interesting "penalty" clause as well. The bill states that any action made knowingly in violation of this proposed legisla- tion byanyone who serves in a public capacity is not protected by governmental immunity. Issue No. 9 March 11, 2004 ered "dead," although the issue could still be introduced in a strike-everything amendment to a different bill. The House has also set a deadline this week for all House bills to clear the House, which means a flood of bills will be considered in debate and will be voted on later this afternoon, and possibly, tomorrow The Senate has not formally announced a similar deadline, although Senate bills are expected to be out of the Senate by early next week. After the bills are out of their chamber of origin, they must go through the same process in the opposite chamber with another round of committee hearings, floor debate and final votes. Next week was originally scheduled as the "Budget Week" for the Legislature to consider and adopt a budget and transmit it to the Governor. The Senate appears to be making progress on a budget- plan and there are rumors that they could have a budget ready for release as early as this afternoon. We are closely monitoring the budget situation and will make sure to keep you informed of any budget plans that are released. The measure now goes to the Senate Government Committee for hearing. Session Passes Halfway Mark Although it is hard to believe, this week marks the likely halfway point of the legislative session: Last week was the deadline for House bills to be heard in House Committees with limited excep- tions that needed to be approved by the Speaker. The Senate is working on the same committee timeline. All bills that have not received a hearing in their chamber of origin by now are consid- • The good news is that both chambers appear to be trying to follow the schedule originally set at the beginning of session, which means they are close to being on target for a Sine Die date in late April. Not to be cynical, but the legislators' need to cam- paign for the upcoming November election will also continue to have a strong influence on efforts to wrap up the session quickly. This is a major improvement from last year's marathon session that lasted until late June. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Vsit us on the Internet at www.azleague.org. ~~ +' '~ ~ ~~ ~~ LEGISLATIVE BULLETIN Issue No. 10 March 18, 2004 IN THIS ISSUE Two More Property Rights Bills Advance to the Senate ......... 1 Not All Bad Bills Made it Through the House ...................1 House Gives Approval to Military Preservation Bills ............. 2 Pima Transportation Bill Advances in the Senate .................2 Another Update On Sex Offender Clustering Bills.......... ....2 Border Cities Resolution Passes Senate Committee ............. 3 Automatic For The Cities ........ 3 Arson Bill Moves Another Step Closer to Becoming Law ..... , .. 3 Elected Officials Retirement Bill Affects Cities ............ .... 3 "Superminority" of Senate Democrats and Moderate Republicans Kill the Bill ..... , ...4 L~~ll~ Q~ ~ISZt)Tlc1 ~l~.l~S AND 1~~-~4~.~} Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities and Towns 187A W. Washington Street Phoenix, Arizona 85007 Phone:602-258-5786 Fax: 602-253-3874 E-mail: league@mg.state.az.us Internet: www.azleague.org Two More Property Rights Bills Advance to the Senate As the House completed its work on House bills earlier this week, two more property rights bills were passed and have moved over to the Senate. HB2400,Uested Property Rights, automatically vests a property owner s site plan for four years if it is consistent with the zoning at the time of submittal No municipal approval or even review is necessary for the vesting to occur. The bbl also vests a development plan for three years if the munici- pality orcounty approved a zoning application. As with the first vested right, allowing development based purely on approved zoning does not provide adequate protection for the public regarding the impacts of a development. The bbl, sponsored by Representative Eddie Farnsworth, scraped by with the minimum number of votes, 31, needed to pass. Representative Farnsworth also sponsored HB2678, Eminent Domain, a repeat of his bill from last }ear that essentially eliminates the ablity of a city or town to use condemnation for redevelopment purposes. The bill places aten-year moratorium ontransferringcon- demnedpropertyto aprivateentity,expandsthe judicial review over aslum orblightdes- ignation, and requires that blighted conditions exist in 85% of the properties designated as a blighted area rather than the current majority requirement The bill passed with 35 votes. A compromise on this issue was reached last year engineered by Senator Jay Tibshraeny which protects the ability of municipalities to use condemnation for rede- velopmentbut requires a more extensive process to be used before the municipality can declare an area slum or blighted or use condemnation to redevelop those slum or blighted areas. The new process calls for much greater public notification and greater involvement and consideration for the impacted property owners. Last year's legisla- tionhas only been in effect for six months and has yet to be tested. The State ought to see if last year s reforms will work before pursuing any additional preemptions on our ability to redevelop declining areas that pose a threat to the public health and safety. The good news is that the House is done with House bills so the onslaught of property rights bills has ended HB 2400 and HB 2678 are joined by HB 2539, sponsored by Representative Leah Landrum Taylor, which passed last week as the three bad House bills that have moved on to the Senate. HB 2539 awards attorney's fees to property owners if a court awards compensation greater than 10% of what was offered by the condemning agenry. HB 2539 and HB 2678 have both been assigned to the Senate Government Committee. We are still awaiting the committee assignments for HB 2400. Not All Bad Bills -Made it Through the House On a positive note, not all of the bad property rights bills successfully made it through the House. Another Representative Farnsworth bill, HB 2401: Municipal Annexation; Procedures was defeated on the floor of the House with a vote of 25 - CONTINUED ON PAGE 2 Page 2 to 32. The bill would have increased the signature requirements for annexation petitions from 50% of the property owners and the owners of a majority of the assessed value to 80% for both cate- gories. With the extremely high levels of growth that continue to occur in unincorporated Arizona, making annexation more diffi- cult is not the right direction for managing growth and fortunate- ly, amajority ofthe House members agreed. Other bad property rights bills that failed to make it out of the House included HB 2664, sponsored by Representative Russell Pearce, which would have required compensation for property owners for any alleged devaluation of their property as a result of a county change in the property's zoning classification (efforts to include cities and towns were being pursued before the bill died). Another bad bill, HB 2687: Conservation Easements, sponsored by Representatives Lury Mason and Carole Hubbs,would have given property owners veto power over annexation and incorporation actions involving their property if they have a conservation easement. The bill would have also restricted the ability of municipalities to modify the conditions of an easement even if it conflicted with local zoning or ordinance requirements. Fortunately, this bill was never considered on the floor after some earlier successes in committees. House Gives Approval to Military Preservation Bills On Monday the House passed three bills that would help preserve Arizona's military facilities. HB 2134: Natural Gas Facilities; Restrictions passed the House by a vote of 50-8. This bill had been stalled due to opposition from House Natural Resources & Agriculture Committee Chairman Chuck Gray who expressed con- cerns that the bill, which would prohibit a natural gas storage facility from locating within nine-miles of Luke Air Force Base, would hurt private property rights. Due to strong support from the bills' sponsor, Representative John Nelson, local governments surrounding Luke and military officials, the bill was able to over- come this opposition in the House. HB 2140 and HB 2141, also sponsored by Representative Nelson, had to clear three House committees before being considered by the entire House. The fact that both of these bills were able to clear three committees demonstrates that hard work of the bill sponsor and supporters during the committee hearing process. HB 2140 provides for public disclosure of land under a military training route and requires the State Land Department to prepare and distribute maps of military training routes. The bill passed the House by a vote of 57-1 with Representative John Allen as the • Issue No. 10 March 18, 2004 only "no" vote. HB 2141 relates to public disclosure and maps of accident potential zones, clear zones, and high noise/accident potential zones associated with Luke Air Force Base Auxiliary Airfield #1. It passed by a vote of 58-0. The bills move next to committee hearings and consideration in the Senate. Thanks to Representative Nelson and the representa- tives ofcommunities near military facilities for all of their hard work on this legislation. Pima Transportation Bill Advances in the Senate The Senate Natural Resources and Transportation Committee gave unanimous approval on Tuesday to HB 2507: Regional Transportation Authority; Excise Tax. This bill reinstates the authority of the Pima Association of Governments, serving as the regional transportation authority, to call a countywide sales tax election to help fund the region's transportation plan. This was the second time that the Senate Natural Resources and Transportation (NRT) Committee voted on this legislation, as an identical Senate version (SB 1145) of the PAG bill had been .introduced. SB 1145 cleared the NRT and Finance Committee before the sponsors and stakeholders decided to move for- wardwith the House version, rather than try to keep both versions identical and substitute one version for the other on a final vote. HB 2507 is now moving forward in the Senate and will go to the Senate Finance Committee next. Thanks to Tucson Mayor Bob Walkup and Oro Valley Councilmember Bart Rochman for making the trip to the Capitol to speak in support of this legislation. Another Update On Sex Offender Clustering Bills Many bills are still alive and moving regarding the problems asso- ciatedwith the clustering of sex offenders.. Because our League resolution is rather broad regarding protections against sex offenders, we are monitoring all bills that could have an impact. The following bills are moving along: HB 2214: Sex Offenses; Defense; Registration, a bill that adds lur- ing aminor for sexual exploitation to the list of dangerous crimes against children, has passed the House and is awaiting Senate committee assignments. - CONTINUED ON PAGE 3 Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. i Phone: (602) 258-5786. Fax (602) 253-3874. Email: IeagueC~mg.state.az.us. Vsit us on the Internet at www.azleague.org. Issue No. 10 March 18, 2004 + : ~ Page 3 HB 2418: Rental Properties; Sex Offenders, in its current form states that any person who rents to more than three level two or level three registered sex offenders is considered a slumlord and will fall under those established fines and guidelines but if the land- lordtakes remedial action, the penalties will be waived. This bill has passed the House and awaits Senate committee assignments. HB 2452: Sex Offenders; Identification; Monitoring in its current form repeals the Sex Offender Registration Fee and establishes a $250 assessment on all new convictions for violations of offenses that require a person to register as a sex offender and a $250 assess- ment on all convictions for not carrying a valid license and deposits monies from both assessments into the Sex Offender Monitoring Fund. This fund had been swept in the recent past. This bill has passed the House and awaits Senate committee assignments. HB 2602: Sex Offenders; Community Notification makes sex offenders designated as level two subject to the same notification requirements as level three sex offenders and requires notification to any place where children congregate on a regular basis. This bill has passed the House and awaits Senate committee assignments. HB 2135: Sex Offenders; Registration; Lifetime Probation, sponsored by Representative John Nelson, would mandate lifetime probation for any person required to register as a sex offender that failed to do so. The bill was never heard in the House Appropriations Committee nor in House COW or Third Reading and is most likely dead. SB 1307: Sex Offenders; Residency Restrictions prohibits more than three registered sex offenders on probation from living in the same structure orwithin cone-quarter mile radius of another sex offender. This bill passed the Senate and awaits House committee assignments. These bills are all about halfway through the process and will now face the opposing chamber's scrutiny. Please. ask your members for their support of these bills. Border Cities Resolution Passes Senate .Committee • The League resolution that would allow five cities and towns along the border with Mexico to raise their expenditure limits has moved one step further in the legislative process this week. HCR 2026 passed the Senate Government Committee on Tuesday by a vote of 7-2 with Senators Ken Cheuvront and Jack Harper voting "no." Two of the bill's sponsors, Representative Jim Carruthers and Senator Robert Cannell, were present in the committee hearing to speak in support of the bill. The entire legislative delegation from District 24 has earned swell-deserved thank you for their outstanding support of this legislation, from testifying in all of the committee hearings to date and meeting with legislators in support of the bill. We cer- tainlyappreciate their effort! The bill must be heard in the Senate Finance Committee before it can be considered by the full Senate. Automatic For The Cities SB1244 Automatic Recount; Cities And Towns passed another hurdle this week, the House Utilities and Municipalities Committee, with a unanimous vote. This bill simply includes cities and towns in the automatic recount statutes that currently apply to the state and coun- ty elections. Once this bill is in effect, municipal election results will be recounted if the margin of victory is 10 votes or less. To sustain integrity of elections and solidify a candidate's win, a resolution was passed by the League to include cities and towns in these statutes. The bill must next pass the House Judiciary Committee. We thank Senator Jay Tibshraeny for sponsoring and testifying on SB1244. Arson Bill Moves Another Step Closer to Becoming Law The League resolution that allows a judge to assess and charge a convicted arsonist for the cost of investigation and emergency services related to the fire passed its first and only House committee to which It was assigned. SB 1242: Arson; Emergency Responses; Investigations; Costs passed the House Judiciary Committee today by a vote of 10 ayes and 0 nays. Thanks to Senator Jay Tibshraeny for his hard work in support of this legislation and for testifying in today's Judiciary hearing. SB 1242 will be considered by the full House of Representatives next. Elected Officials Retirement. Bill Affects. Cities The House has passed and sent to the Senate a bill affecting cities and towns which participate in the Elected Official Retirement Plan (EORP). The bill, in its original form, applied to the correc-_ tional officer retirement plan; its current provisions are as a result of astrike-everything in the sponsor's committee. There are three main provisions of the bill as follows: 1. States that if a city or town governing body has purchased prior service for one elected official for the time of service prior to an executed joinder agreement with EORP, then the governing body must provide benefits to all eligible elected officials if no retirement benefits were in effect during the time of service being redeemed. - CONTINUED ON PAGE 4 Legislative Bulletin is published by The League of Arizona Cities and Towns> 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www.azleague.org. Page 4 2. States that time of service prior to August 18,1987 may not be redeemed by the governing body. 3. Prohibits the governing body from paying into the fund all or any part of the amount to provide benefits for former elected officials for the time of service prior to the joinder agreement. The bill has been assigned to the Senate Finance Committee and is scheduled to be heard on Monday afternoon, March 22. "Superminority" of Senate Democrats and Moderate .Republicans Kill the Bill SCR1047 Supermajority Vote; Enabling Local Taxes failed by a vote of 12-17 on the Senate floor during Committee of the Whole this week. This was a resolution that would have required a superma- jority (2/3) vote by both the Senate and the House in order to pass any act that would authorize a city or town to levy a tax or increase tax revenue. This bill would make it much more difficult to get "permission" from the Legislature to put tax issues to a local - vote such as the Maricopa and Pima county transportation sales tax questions. Thanks to the Senate Democrats and Senate Republicans Linda Binder, Toni Hellon and Slade Mead, SCR1047 was voted down. r Issue No. 10 March 18, 2004 Legislative Bulletin is published by The League of Arizona Cities and Tawns,1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www.azleague.org. ~ ~,~, LEGISLATIVE BULLETIN ~. ., ~ ~ Issue No. 11 March 25, 2004 ,, ~.. .~.~.:~. State Senate. Decides Not to Play IN THIS ISSUE the Role of City- Traffic Engineer On Tuesday the Senate solidly defeated SB 1271: Lagging Left Turn Signals with two-thirds of the senators voting against the preemption. This bill would have State Senate Decides Not to required cities and towns to use lagging left turn signals at 80% of the intersections Play the Role of City Traffic or they would lose their Congestion and Mitigation Air Quality (CMAQ) funding. Engineer ............. .....1 SB 1271 passed the Senate Natural Resources & Transportation Committee in February despite testimolry from municipal traffic engineers that spoke to the necessity for bothlag- Military Preservation Bill Passes grog and leading left turn arrows based on the individual circumstances at intersections. Senate ..................... 1 Fortunately the entire Senate decided that this decision is best left up to local experts. Arson Bill Blazing Through State House .................... .2 Social Security Bill Makes Changes to Law Set to Go into Effect Next Year ..............2 The bill failed with 20 senators voting against the bill. Senators Mark Andefson, Marsha Arzberger, Tim Bee, Robert Blendu, Robert Burns, Jack Harper, Marilyn Jarrett, James Weiers and bill sponsor, Thayer Verschoor voted in favor of the pre- emption. Senator Harper indicated he was voting for the bill because the League opposed it and he is tired of the League's ideology of opposing all bills that preempt local control. While we are sure the compliment wasn't intended, we appreciate Senator Harper's acknowledgement ofour defense of local control and we will con- tinue todefendthe authority of locally elected officals to govern over local issues. Automatic Recount Bill Ready for House Floor . ..........2 Anti-Cruising Bill Cruises On ..... 2 Another State Mandate Clears the Senate ...................2 League of .Arizona ~1tl~S A.NI7~~~~J Legislative Bulletin is published by the League of Arizona Goes and Towvs. Forward your wmments or suggestions to: League of Arizona Goes and Towns 1820 W. Washington Street Phoeniz,Arizona 85007 Phone:602-258-5786 Fas602-253-3874 E-mail: league@mg.state.azus Intemet• w~+nvazleague.org The fal~ure of SB 1271 on Tuesday means that both b1~ls that would have preempted what type of left turn signals cities and towns can use are dead. Ironically, while Senator Verschoor would have mandated lagging left turn signals, Representative Ray Barnes intro- ducedlegislation mandating leading left turn signals. His bill, HB 2653, did not receive a committee hearing in the House, which means it is dead for this year. We are thanldul that the Legislature realized that these types of decisions are best left to the local officials. Military Preservation Bill Passes Senate The Senate passed SB 1039: Military Airport Planning; Appropriation this week. This bill, sponsored by Senator Jack Harper, appropriates $10 million from the General Fund for military installation preservation projects, including acquiring lands and rights to lands in high noise or accident potential zones near military facilities. The original version had previously appropriated $14.3 million from Arizona Preserve Initiative (API) funds, however, the funding source and amount were changed after strong objections were raised to using API monies. The bill also contains land use planning changes such as a compliance check by the Attorney General's Office before a municipality can approve zoning or land use changes in a high noise or accident potential zone. The land use planning language is similar to earlier drafts of the legislation being pursued by the Governor s Military Facilities Task Force. The fate of this language is uncertain, as there are objections to how it is currernly written and conflicts with amendments being worked on by the Governor s Task Force. SB 1039 moves to the House of Representatives next for consideration in House committees and on the House floor. y Page 2 Arson Bill Blazing Through State House SB 1242, the League resolution that allows a judge to assess and charge a convicted arsonist for the cost of investigation and emer- gencyservices related to the fire moved another stop closer to bewming law today, as it passed House Committee of the Whole. The bill needs just two more votes, one in the House and one final one in the Senate to approve House amendments before it goes to the desk of Governor Napolitano. Thanks again to the bill's sponsor Senator Jay Tibshraeny for his hard work in support of this legislation. Issue No. l l March 25, 2004 ry was only two votes. SB 1244 simply includes cities and towns in the automatic recount statutes. It will now go to the House Floor for consideration. Thanks again to Senator Jay Tibshraeny for sponsoring the bill. Anti-Cruising Bill Cruises On HB 2136: Unauthorized Assembly Of Vehicles; Penalty allows a city or town, through ordinance, to tow a vehicle if it restrains the move- ment of traffic or impedes law enforcement, emergenry services or access to a business or home was passed by the Senate Natural Resources and Transportation Committee this week with a vote of 6 to 1. This bill also allows a city or town to fine a person $100 for an infraction of the ordinance. Social .Security Bill Makes Changes to Law Set to Go into Effect Next Year Last year, the Legislature passed a law that would prohibit a person or an entity from making an individual's social security number availableto the general public through such means as postings to public web sites without a password, insecure Internet transmis- Sion,mailed items and cards redeemed for public services. This law is set to go into effect on January 1, 2005. HB 2382: Social Security Numbers; Government Use, introduced by Representative Chuck Gray, amends last year's law to remove the exemption for cities and towns and other government entities and replaces it only with an exemption for law enforcement. The bill would still allow government agencies to use the last four numbers of an individual's social security number. The. League has not taken a position on this bill, but we want to bring it to your attention for its possible impact on your city or town's procedures. Please let us know if any of your departments, other than police, use social security numbers in a manner that would be impacted by this bill. HB 2382 passed the Senate Government Committee unanimously this week and will be con- sideredbefore the full Senate shortly. If amendments are not added during floor debate, the bill will go straight to the Governor for her signature. Automatic Recount Bill Ready for House Floor C. The legislation was brought forth by the City of Phoenix where "cruising" occurs in many parts of town on a regular basis and becomes a matter of great concern if and when police or emergency services cannot be deployed safely and effectively. HB 2136 will next go to the floor for consideration by the full Senate. Another State Mandate Clears the Senate The Senate has passed and sent to the House a revenue report- ingmandate on cities, towns and other political subdivisions. As mandates go, it is not a big or expensive one, it falls more in the nuisance category. What the bill requires is that all state budget units, counties, cities, universities and community colleges report by November 15 of each year the aggregate of all revenue received during the prior fiscal year from all sources reported by fund source, including state, federal and private sources. Information on school districts is to be provid- ed by the Superintendent of Public Instruction. The Joint Legislative Budget Committee (JLBC) is going to develop a standard revenue reporting format for the information. It is not clear what JLBC or the Legislature is going to do with this information. We know the Legislature has for years been trying to get a handle on how much federal money is coming in to Arizona particularly for state budget units. Both Republic and Democrat Governors have vetoed attempts to give the Legislature appropria- tion authority over federal funds. SB 1244: Automatic Recount; Cities and Towns passed the House Regardless, this bill is just another example of the State using its Judiciary Committee unanimously this week. This bill is a League power to require something from local government which costs Resolution that was brought to us after the town of Youngtown was money without much consideration of either the cost or the denied a recount by Maricopa County although the margin of victo- time involved in preparing the report. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www.azleague.org.