HomeMy WebLinkAboutCouncil Agenda Packet 05/20/2003 t
p •xajuaa sa3pxaS IuauidolaAaR nunxnpg'IuaugxndaR
aogo,a uunxnW 'IInR ua&oy nur&mW aql lie I.m.d 3 pop 3 ,o 00 :L Sq COOZ `91 Bela Sq palsoa
•sarlej up xuaddn stall npua2n papuamV
•VC[Naov SIRS NO Qa.LSIrI W3LI ANV No 'M mlloa allL Ail uMIVz an AVN MOLLJV
•m•d 00:5 of •m•n 00_S tuoj
Supix3 g2noxgl SnpuoW `IOt�£ -ZSq In 3IxaID uA&oZ `uosuoxg - j u tlaaop lanluoa asnald 'saxnpa30xd
xo csa3was lutaads ls2ullaaN pp3unoj aql Inogn suogsanb xo upuaSu spgl ;o fido3 n xo3
• uplaaW pauno3 atp of xoud sSnp
2uq. loAa (0j) ual Isnal In `Isanbax amid uodu algvpvAn an sa was Mraads g3nS •pa4npounuo
aq 1pn& z•oIa Lpamudtl 2utxuaq aql xoj xau2ps n ltgjd a2xul xo anmill ul paluixd stupxalum
upua2u'saapnap 2mualsll aAgslssn sic gans `,ll[Ignsip xlagl ;o Ilnsax n se sa3pexas pup3ads jo pa-au m
sl iquspp fun jo uosuax Sq togm uosxad CuV •atgpssaaan padduatpung put xing3laaqm sr xagurng
li3unoD aV ls2u4aam xno Suipuallu sxat po pun nunxuyg jo suazili3 agl anxas xallag o,L
•uxnlax of pamollu aq lou Ilan pun 2uilaam
aqI moxl paAOmax aq mm Slpnol xo Slapnx 2uip3u xo 'SutA Sun ut 2unaam aql ip!m uixa xa ;up
uosxad SuV •l3npuo3 pool pun mnxoaap 'flaixdoxd Issaualgod ;o salnx aip su plae& sn Isaing
Ip3unoj agl aAxasgo of pal3adxa axn 'lou xo Imunoj aqI of Sur�Inads xaglagA� urlaay� Ir3uno�
aql uppuallu suosxad IIV •sSup vaH 3ggna pun `sluammoa 2y suo4naa isluama3unouuV uugl
xaglo sanssl no ptannoa aip ssaxppu of pamollu aq IIpm slunplAlpul xaglagm Ip3unoD pun xoSvW agl
of do si II •ssaxppu of qsm nox tall npua2u agl3o 03unnpn np 3Ix9D alp of Ip xaAilap pun (sxagmugo
Ipaunoa aql jo xuax aip In) pxu3 xa3luads n Ino IR3 Isnm nog ;smalp npua3n xaglo xo `s2uixuaR
3tlgna IsjuatutuoD pun suollilaa 2ulxnp Ip3unoD aql of SupKnads ni palsa.�alnl axu no 3I
•upua2u sigl jo aauid ul palsod aq Iilm upua2n Riau u asua u gins uI •2m ux aql of xoixd sxnoq
xnol ,flna, l of do paslAax alt hum npua n silty •s2ullaam xaglo xo; supua2n palsod xoj fi3In xo IIuR
umoy wquoD •sa3uld to/pun samil xaglo In patina aq Sum s2ul4aaw IuiaadS xo 1 02uug3 Sum anvil
xo alup aql g2noglln tlluT3 umojL nnuxuW agl In 'm•d 00:L In gluouY g3ua ;o Snpsany pxpgl pun lsxi,I
aql plaq xllunsn axn s2uplaaW Ipunoa xnpn2aH •2uplaaN tiounoa uuv mW sM of atooPAX
Innsmnag a41N x02uunW ue&o,I, IunlspssV
uiaR WIM 102uunN uMoy
Suxx09aw Ioxn3 xagmaW IpaunoD
uauog pa xaqumN Ip3unoa
opagoasa ml L xagmaN Il3unoo
pxo3xam03 Ulna xagmaN pauno3
0 4gtg mlf xagmajN Ip3unoa
In}I gxap3 x0919W 031A
•xr `uollnS Sggo$ IoSvw
•T.u•a ooL - Eooz zoz Aiep
pIBo*H SEUUPV uoZ I N TSZ£T
vaxaev J1SI MN 1 II3JNM03
vxoziuv `vxvavN 30 mmoZ
F
y.
Z
(oxtdngS IaoP) Isua ZI a2u;H
ZT dtgsuaioL 10Z uollaas ,lo uotlxod n unla ;)UpadS gauna Inluaulluoj
,aql 3 0Z Iaaxna uo spnou qnaa m &L pun IlagxaApS jo xauxoa Isnaglnos aip
In palnaol 'slot xis ,lo 2utlstsuoo alts axan-SL,61 n no uotstArpgns lialwammoa
n jo notlnaxa ail xo; InAOxddn Inld InuU ;o ls anbax n xoj uotlnatlddn
uV mald Inug .ia;uaa NutddogS Xema3nS :Sv 'oN uotlnlosall •I
•npu029 luasuoa aql 2mmollop dlalntpamm, 1 XIalnxndas nodn
paloA pun passnastp aq 111m ansst lugl pun =npuafn Iuasuoa aql motj ansst fun aAOmax Xtm
xagmaW paunoa V •saaunutpxo xo suotlnlosax dun Sutpnlaut 'npu02n luasuoa aql uo small
IIn amuddn IItm uopoui aunts V •uo 1punoa Sup bax lou small aupnoa SIlnxaua
axn gatgA& lYaunoj aql Xq uotlan Suutnbax small apuoSe sutnluoa npua2v luasuoa agjL
V(MaOV J.KaSK03 `V
SS2K[S11ff 30 uacrdo rIVH3KaO 'XI
simoaaa 33`i LS `111A
-npuabn axnlnj n uo paanld aq
.iallum aql ingl 3Isu Sum io lxallum aql matAax ol,Ilnls qsn kew tltaunoz) aql passaxppn aAnq
oqm asogl Xq apum mstatltxa of puodsax Xvw Ipuno,3 aql jo saagmauc Innp!Atput 1 311gna
aql of I1rD 3o uotsnlauoa aql In `A&n'T 2ullaaW uadO nuoz!UV aql of lunnsxna •pallna 2utaq
malt npuaNn stgl of xotxdIxalj umo L aql oI lt - iaAtlap punsiagnrnga punoa aql 30naa
aql In palnaol) p cna xwlnads n alaldmoa lsnm punoa aql ssaxppn of Ilntgsp i suosxad (uv
•Knads of salnuim (C) aaxgl of do a.Anq Xiem x4jeads aqy pua8v spilk; t1 uv dpoarjv IOU
ansst Xun uo punoa ueaoL aql ssaxppu of paAiolln s< atlquit aql jo xagmau; Sun lamp stgl IV
suorzDn aouiNa- sLm3waaunoNiKv- Drlgna am oL TivD •iu
uoiMS ApnlS Ia2png £00Z 1 9 SuM aql jo salnutl
Nutlaa]W Itaunoj £00Z 1 9 AvW agl3o salnutyg
MIMS XpnlS ORR £00Z `6Z pdV aql jo salnulW
maNm 30 aaAiVimav IA
VC[MaOV 3O'TVAOuaaV '.A
9nV3 T1O2I 'AI
ajmTuS ao Lmawow/AIOILVa0ANU 'III
aaKwgaTIV ao aOQa'Ia In
Hacrdo OL TTVj 'I
*ra*a oo :L " cooZ l ob Seim
p suaepV uoZ .x ISZ£T
vxoziuv `vim ,qo xMoz
moaau suaDymm 'a
Zuoaau Ss'IIoNt1O:) dNv uDAvw
(urag w1go aaninlsr aql aaopl sn!q
lrrpuad IIn urpan as uorl3�/lrorjaaar otssn3si(l — sanssl aArlelsr alnlS .S
(0900 3I3r(I) luamdopAap lemammo3
a. n;nl .tol ,aessa3au salnoa ssa 2a pan ssw2ur 3utdolaAap jo asodand
agI ao3 laoda.V of lua3efpn puu l Isna,L alu S ;o saa 9t, Slaluurrgoaddu
aol uorl93rlddn alum of I9Aoaddu pauno0 aoI isanba :ao.
14 55MQUnorssnaslQ •I,
(pooaOa(I mrr) 2ulnofa p9oairna WiL uosun0
acgaoD aql Io uolln3olaa pue luamanoadmr oql a peoaM 31Ur3ea uorun
ql!m luamaajNV 2urssoa0 pnoaliuUIo IeAoaddNr :It `oN uorinlosa •£
(o.rrdugS laor) ginoS
II di
gsuAos pun 'Isna 11 uorl3aS ;o uorlrod n ur'Inu93 dVJ
aql to Isam puu'puo-d srnopVjo glaou'OI-I3o isua paluaol luamdolaAa(l
pauunla 101s9]K 0.139 L6•I6Z a aoi inia NooIB siuulmrla ra a Io InAoaddn aol
uorl93ildde uV :lela 3 Iooig eurmrlaaa su3nj n9S :Zf - oN uopnlosaH •Z
(oardugS laor) pao3aa
ailgnd a papuamu su 8 puu S sallr,L 2upuloap'puu apoj luamdolaAa(l puwl
aql of `8 a'I.LI,L ur IeAoaddu IYauno3 un&os Sq sigNraq 2urpl!nq of am nul
au molin of suorstnoad 2urppe pun SNOLLV'If10au .LN3IaO'IaAaQ
ZvuaNaO 8 a'I,LI L of H(t00 f)M(]r a 8 a'I.LI.L 2ui2uega put
sasn palrgtgoad pug xaeaodmal {Iuuoll!puoa'hossaoau =pallim rad 2upUap
'Sioulsip lu4uaprsaa aql Ile m spaepuulS IuamdolaAaQ 2uippu pun Bur,Clrpom
Sq !suorluln5aa luamdoloAap 2ursuudmoaae pug sl3ralsrp 08I puv 08
`OZ 3I `ZI `OIWu aql 2 utgslignisa 19N][MOZ, S a'IM 2utpuamv Sq'nueanIq
Io wAoj, agllo apoa luamdolaAa(l puvl aql *I;uampuamn pasodoaa
— £S •oN aoilnlosall pue OI'£OOZ 'oM a3ueuipa0 :0N jjV3II Z)yla la 'I
Mollay rHaN O3 V
(uredp(l prig)
sappua gloq lilauaq of sarirIr3e3 a lnl�nals9xlur Iuuogrppu Io luamdolanap
aql aol Ioralsl(I uorlu2raal sllaAA, 2nimolA pun nu mW ;o uA1ojL uaaAUag
luamaaAV luamdolaAa(l ,raluAX Io I9Ao iddV :LS - oN uo4nlosag •£
(rmig2oyg pegnA) aounualuruR ao3 sluaruaAwdurI oggnd3o a3anida3aV
pug tr g2no rgl I Rol ao3 `6£6t' 'oN Isna,L `V£9 l a3aua gauug luluourluoj
aqj luamaaAV aoun.inssV atp ButsualaH :6t 'oN uognlosag •Z
-Ewd 00:L " EOOZ `OZ SOP1I
peOR Stuvpv U01 *K TSZET
vuozrdv `vuvavrnt jo Nmos
•
i
sodByQ'•ir luopug dggog
ilm3mmimorc[v `IIX
SL all VC[Ma0v axnjAa 'IX
S,LNaAa DriIbl 03aa x
'm'd OOL - £OOZ `OZ dye •
pICOU Sul 'BpV uo'I 'lit tSZ£t
vam2lJv OMMMI t rll3mn03
vxoz av `vmvavLq 30 mmoi,
r'
'� q ��/ � �.VIINUTES OF BUDGET STrtJDY SESSION .MEETING
PLACE AND DATE
Marana Operations Center, April 29, 2003
I. CALL TO ORDER
Vice Mayor Kai called the meeting to order at 6:00 p.m. There was no roll call but
he noted that Mayor Sutton was excused and that Council Member Escobedo
would be arriving late. A quorum was present.
II. GENERAL ORDER OF BUSINESS
A. COUNCIL ACTION
1. Overview of Fiscal Year '04 Budget, Part II
Roy Cuaron started the meeting by introducing Vickie Tannous, Senior
Accountant, who was present at the study session. Mr. Cuaron gave a
brief review of the previous week's study session which had focused on
the estimated revenue forecast for FY04. He said that there was a
consensus that the general fund revenues were down and that the fixed
costs had risen. An informational handout was distributed and has been
made a permanent part of this record.
Mike Reuwsaat explained that a review process and discussions between
the department heads and the management staff had begun in regard to
proposed departmental allocations shown on the handouts. He added that
these figures were not finalized and that, when the review process was
completed, final proposed allocations would be presented to Council.
Mr. Cuaron began with a short synopsis of the personnel costs .being
proposed for FY04 and said that 15 new positions were being
recommended which represented a 6% increase over the current staffing
level. He said that overall staffing was proposed to rise from 231 to 246
full time employees with the majority of the increase occurring in the
police department. He pointed out that 60% of the proposed allocations
for staffing were found in the police staffing increase and in the technical
services department. He explained that the increase in the technical
services would accommodate the growing Town staff as well as the
various problems associated with the computer systems. The proposed
staffing costs were approximated at $709,000 which also included
incidental costs. He emphasized that all of the recommended positions
would improve service delivery both internally to Town staff and
externally to the general public.
1
`' ' ' � ��3.YII�TT�T�S Off` BUDGET STVD�Y SESSION METING � � ;� %,/
Mr. Cuaron continued by listing the 15 positions proposed for FY04. These
included a special assistant to the Town Manager's office, a half -time
secretary in Human Resources, an inmate service coordinator in
Development Services, a permit clerk in Building Services, four officers
and two dispatchers in the Police department, a half -time recreation
assistant in Parks & Recreation, an engineering aide in Public Works, a
laborer in the Water department, and an NIT technician, a GIS technician,
and a GIS analyst in the technical services department. He stated that the
projected personnel costs were $526,000 with associated costs of $182,000
for furniture, equipment, and vehicles. He noted that the total proposed
personnel figure was $708,810.
Mr. Reuwsaat commented that both the GIS analyst and the Engineering
aide positions were grant funded and that the Manager's operating
budget had been reduced in order to cover the costs of the special
assistant position.
The Capital Improvement Projects (CIP) funding was the next topic
discussed. Mr. Cuaron gave a brief overview of the projections which
totaled $51.8M, indicating a marginal increase of $180,000. He noted that,
per Council direction, there had been a reduction in cash reserves from
$5.4M to $904K. He said that there was a decrease of $3.2M (52 %) in the
general fund portion of the CIP from the FY03 budget. He relayed that 113
projects were submitted for this budgeting cycle and that 88 were being
recommended for funding. He confirmed that the municipal complex
costs accounted for approximately 53% of the total CIP budget with
transportation funding at 28% or approximately $14.5M. He explained
that, in past years, the allocation for the parks department was heavily
featured in the CIP but the FY04 CIP funding reflected a drop from $4M to
$2.8M, a 30% reduction. He mentioned that the Council could expect to
see a lot of activity in the airport funding due to the implementation of the
airport improvement plan. There were no questions regarding the Capital
Improvement Projects funding.
The study session discussion moved on to focus on the proposed
operating allocations. The Finance Director explained that all
departments, with the exception of police, were expecting a 2% minimum
decrease in funding. He asserted that the police allocation had increased
by $48,000 for expanded training efforts and by $15,000 for the expansion
of community outreach programs. He added that the Clerk's department
had decreased by almost 44% due to the lack in need for elections funding.
2
%� �/� ��MINU`TES OF BUDGET STUDY "SESSION"1YlEETT1`Tf ��0 � �� %��, ��
•
He pointed out that $4,000 was added to each department's operating
budget for every new staff position added and that this money was used
for the purchase of furniture, computers, vehicles, and other required
equipment associated with these new positions.
VI. ADJOURNMENT
Upon motion by Council Member Honea, seconded by Council Member Blake,
unanimous approval to adjourn was given. The time was 6:40 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Budget Study Session meeting held on April 29, 2003. 1 further certify that a
quorum was present.
Jocelyn Bronson, Town Clerk
3
'` ' � MINUTES O +�BUD�'GE�' STUD'S SESSION MEETING° /�'� r
° ->" r � obi/ � ✓ r ✓ r ' jry� t�>
PLACE AND DATE
Marana Town Hall, May 6, 2003
I. CALL TO ORDER
The study session was conducted informally and there was no official call to
order. Mayor Sutton opened the meeting at 6:30 p.m. and all Council members
were seated on the dais. A quorum was present.
II. GENERAL ORDER OF BUSINESS
A. COUNCIL ACTION
1. Fiscal Year '04 Budget, Part III - Municipal Complex Status
Michael Hein began the study session by summarizing the changes in the
municipal complex cost estimations from its original inception to the
present day figures. He listed a number of responsible factors such as the
substantial increase in square footage of the complex, the incorporation of
the Grier Road sewer improvements, various transportation and
• infrastructure improvements, as well as streetscape and landscape
planning into the project. He briefly went over the history of the Towri s
debt service commenting that the Town was carrying 4% of its total
budget in the debt service which was considered to be well within reason.
He emphasized that the Council had made a valuable commitment to the
citizenry by undertaking the building of a Town Core in northwest
Marana and remarked that many generations to come would benefit from
this vision and connection with the local heritage.
Council Member Honea voiced his continued concerns over the high price
of the Town Center project. He said it was irresponsible of the Town and
that he was particularly worried about the Town's debt service associated
with a $32M bond series that would be issued if the proposals were
approved. He wondered why most of the extras like landscaping and
roadway improvements were not brought before the Council in the
original presentation and if any of the benefiting development interests
planned to help with repayment costs.
•
1
MINUTES OR�BC7DGETSTUD`YSESSOI METING
, i j i�s�i'7l /(jj � ✓, f - �f
bYJ �L
i y x y/m ji c NCO (►({ /_ / y v
,,. », �.��.wMeea.G �,,,v.,,.,. .r Yr�., ,.�.�.. ..ics, /, /r. ni,...
•
Mr. Hein replied that the development community would indeed assist in
the debt repayment by way of increased water rates and cost
apportionments associated with other projects such as the Reyher
property. He said that it was a Council policy decision to create the
northwest Marana community beforehand and for the Town to pay the
lions share of the Marana Main Street costs in order to set the tenor and
tone for future development and to create the commercial corridor.
Council Member Comerford, a member of the municipal complex
building committee, commented that months and months of detailed
meetings had been held in order for the planning of the Town Center to
reach this stage. She said that Council Member Honea had not been privy
to the painstaking yet logical progression of the project's size escalation.
While she agreed that $32M was a great deal of money for the Town to
shoulder on its own, she pointed out that this was a one -time expense to
the Town that would benefit future generations for well over 100 years.
Mayor Sutton commented that spurring the northwest community was
• the Council's main goal and that the substantial debt will be paid back to
the Town tenfold over the next 20 years with the prospering commercial
zone that this type of project would generate. He commended Council
Member Honea for his vigilance and concern and all of the other Council
members and staff for the diligent work on this project.
Council Member Kai said that he would be willing to consider any
suggestions for decreasing the costs that Council Member Honea
presented.
VI. ADJOURNMENT
There was no formal motion to adjourn the study session. Mayor Sutton closed
the meeting at 7:00 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Budget Study Session meeting held on May 6, 2003. I further certify that a
quorum was present.
•
Jocelyn Bronson, Town Clerk
2
i all/ F
PLACE AND DATE
Marana Town Hall, May 6, 2003
I. CALL TO ORDER
By Mayor Sutton at 7:06 p.m.
II. PLEDGE OF ALLEGIANCE
Led by Mayor Sutton
III. INVOCATIONf MOMENT OF SILENCE
A moment of silence was observed
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr. Mayor Present
Herb Kai Vice Mayor Present
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
Michael Hein, Town Manager Present
Michael Reuwsaat Assistant Town Manager Present
Thomas Benavidez Town Attorney Present
Jocelyn Bronson Town Clerk Present
Jim DeGrood Development Services Administrator Present
Dick Gear Comm. & Economic Dev. Director Present
Attached is a list of public attendees.
V. APPROVAL OF AGENDA
Upon motion by Mayor Sutton, seconded by Council Member Blake, the agenda
with changes was unanimously approved. The changes were that Item IX. B. 3,
Resolution No. 2003 -42: San Lucas Preliminary Block Plat, and Item IX. B. 4,
Resolution No. 2003 -41: Approval of Railroad Crossing Agreement with Union
Pacific Railroad, were continued until the May 20, 2003 Council meeting.
1
i
a.. '�
VI. ACCEPTANCE OF MINUTES
Upon motion by Vice Mayor Kai, seconded by Council Member Honea, the April
15, 2003 regular Council meeting minutes and the minutes of the April 22, 2003
Budget Study Session were approved 6/0. Mayor Sutton abstained from the vote
as he was absent from the April 15, 2003 regular Council meeting.
VII. CALL TO THE PUBLIgANNOUNCEMENTS
Dick Gear introduced Charlie Mangum, the Marana Northwest Regional Airport
Manager, to the Council and public. He said that Mr. Mangum brought a wealth
of experience and knowledge to his position, including a masters degree in
airport management from the prestigious Embry - Riddle Aeronautical
University.
Mayor Sutton congratulated Karl Horvath, longtime resident and community
volunteer, on the recent birth of a new granddaughter.
Andy Peele, Marana resident, spoke before the Council regarding pollution
issues associated with the New West mining operation and gravel pit. He said
that Sunflower residents were complaining about asphalt odors, fugitive dust
pollution and equipment noise that was emanating from the mining operation.
He said that he had filed a complaint with the Marana Police Department but
was told that the business was legally permitted to operate on a 24 -hour basis.
He related that the minin pollution was a detriment to the area and posed
serious health risks for adjacent homeowners as well as the potential cause of
declining property values.
Mayor Sutton asked the staff to check on all ordinances associated with mining
regulations and the operation of businesses around the clock. He also said that
appraisals were based on the surrounding residential market and that he would
be surprised to find a declining appraisal based strictly on the mining operation's
equipment noise and asphalt odor.
Eloise Brown, resident, spoke before the Council about a water impact fee being
considered by the Tucson City Council. She explained that if this legislation does
not receive approval from the City of Tucson, then Tucson Water would be
forced to raise the water rates to all of its customers, some of whom were Marana
residents. She asked for assistance from the Council in her quest to lobby the City
of Tucson to approve this impact fee.
2
Mayor Sutton asked the senior staff to research this matter and bring back
information for consideration of Ms. Browns request.
Kelle Maslyn, the former Marana Chamber of Commerce Executive Director,
introduced herself as the new Corporate Affairs Manager at Comcast Cable
Communications. She offered her continued support for the Marana community
and said that she would be Comcast's contact person for special events
coordination such as the Fourth of July celebration.
Vice Mayor Kai introduced Laurie Lustig to the Council and public and
welcomed her to the meeting. Ms. Lustig is the government liaison for the
Southern Arizona Homebuilders Association.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
1. Resolution No. 2003 -32: Butterfly Mountain Final Plat A request to
approve a final plat for a 284ot subdivision located on 103.77 acres north
of Moore Road, between Camino de Oeste and Thornydale Road,
within a portion of Section 30, Township 11 South, Range 13 East (Joel
Shapiro)
2. Resolution No. 2003 -38 Acceptance of the dedication of Dove
Mountain Boulevard Phase IV, Secret Springs Drive, and a portion of
Saguaro Forest Loop as Public Right -of -Way and a Public Road Way
and Drainage Easement along the above proposed public rights -of -way,
in accordance with the Dove Mountain Specific Plan (Farhad'Moghimi)
3. Resolution No. 2003 -39 Approval of Intergovernmental Agreement
between Pima County and the Town of Marana Police Department, a
member agency of the High Intensity Drug Trafficking Area
(H.I.D.T.A.) Program Drug Grant Agreement (Richard Vidaurri)
4. Resolution No. 2003 -43 Approval of General Services
Intergovernmental Agreement and Amendment No.1 to the
Intergovernmental Agreement with Pima County Health Department
under the U.S. Department of Justice 2001 State Domestic Preparedness
Program Grant (Jocelyn Bronson)
3
5. Resolution No. 2003- 44 : Request for approval of a Purchase and Sale
Agreement between the Town of Marana and Northwest Fire/Rescue
District for the acquisition by the fire district for two acres of land
adjacent to the Marana Operations Center (Michael A. Reuwsaat)
6. Resolution No. 2003 -48 Dedication of Little League ball field at Ora
Mae Harn District Park (Ron Smith)
7. Resolution No. 2003 -47 Designating the Tortolita Preserve as a Town
Park (Andy Laurenzi)
8. Discussion/Direction Request to apply to the State Land Department
for a Right -of -Way application under A.R.S. Section 37-461 to purchase
a right -of -way for the purpose of establishing in perpetuity a 15 -foot
wide corridor for a non - motorized public trail system over and across
the lands annexed into the town boundaries known as the Tortolita
Preserve (Andy Laurenzi)
9. Resolution No. 2003 -28 Approval of First Amendment to Development
Agreement between the Town of Marana and New West Materials for
an extension to complete trail improvements adjacent to the Santa Cruz
River and the Future Tangerine Road dedication and trail easement
(Mike Reuwsaat)
10. Ordinance No. 2003.08 and Resolution No. 2003 -46 Adoption of 2002
Tax Code Amendments (Roy Cuaron)
11. Proclamation: Proclaiming May 17, 2003 as Armed Forces Day (Jocelyn
Bronson)
Upon motion by Council Member Escobedo, seconded by Council
Member Blake, the consent agenda was unanimously approved.
Council Member Escobedo took this time to acknowledge the presence of
Juell Smith in the audience and he commended her for bringing Alan
Ourada's longstanding civic service to the Council's attention. He
explained that Mr. Ourada, who recently passed away, had served the
Marana community as a Little League coach for over 14 years. He said
that Ms. Smith had lobbied to have a Marana ball park dedicated in Mr.
Ourada's honor. The Councilman reported that, per Resolution No. 2003-
48 just passed on the consent agenda, one of the ball fields at the Ora Mae
Harn District Park would be dedicated to Mr. Ourada during the Little
League closing ceremonies in June.
4
B. COUNCIL ACTION
1. Ordinance No. 2003.09 and Resolution No. 2003 -47 Amendment of
Town Code Article 12-4 Off -Road Vehicle Use and declaring an
emergency to exist (Andy Laurenzi)
Mike Reuwsaat introduced this item and spoke briefly about the
connection this Council action had with regulations imposed by the U. S.
Fish and Game department for the management of the Tortolita Preserve.
He explained that part of the Town's responsibilities for the 2,400 acre
preserve included the prohibition of vehicular use. He reported that police
patrols had been taking place over the last few months in order to alert the
public of the vehicle ban within the park area. He added that the Town
Code did not reflect those restrictions for off -road vehicles and that this
action item was recommended as a remedy.
Upon motion by Council Member McGorray, seconded by Council
Member Blake, Ordinance No. 2003.09 and Resolution No. 2003 -47 were
unanimously approved.
2. PUBLIC HEARING: Proposed modifications to the Santa Cruz River
Floodplain and Floodway, downstream of Sanders Road (Jim DeGrood)
Mayor Sutton opened and closed the public hearing. There were no
speakers from the public.
Jim DeGrood spoke to the Council and public regarding this item. He said
that modifications to the Federal Emergency Management Agency
(FEMA) floodplain and floodway for the Santa Cruz River, downstream of
the Sanders Road bridge, had been proposed. He said that with the
recently completed levee improvements by Pima County Flood Control
District, and the physical improvements in the floodplain which were
associated with agriculture, it had been determined that revisions to the
floodway would dramatically benefit the residents living within the Berry
Acres area. He said that this public hearing was held in compliance with
FEMA requirements to allow the public an opportunity to comment on
the proposed actions.
A general discussion followed which focused on the findings and
methods used to identify the areas that would be included within the
floodplain after mapping changes and the impact new computer
technology had on the 1993 FEMA study findings.
5
Mr. DeGrood stated that a comprehensive package containing the Town's
findings would be ready for submission to FEMA within the next 30 days
and that the process was expected to take approximately six to nine
months before a response from FEMA would be issued.
3. Resolution No. 2003 -42: San Lucas Preliminary Block Plat An
application for approval of a Preliminary Block Plat for a 291.97 acre
Master Planned Development located east of I -10, north of Adonis
Road, and west of the CAP canal, in a portion of Section 22, Range 11
East, and Township 11 South.
Earlier, by unanimous vote, this item was continued to the May 20, 2003
Council meeting.
4. Resolution No. 2003 -41 Approval of Railroad Crossing Agreement with
Union Pacific Railroad for the improvement and relocation of the
Cochie Canyon Trail railroad crossing.
This item was continued to the May 20, 2003 Council meeting.
5. Resolution No. 2003 -40 and Ordinance No. 2003.07 Amending Article
2 -9 (Board of Adjustment) of the Marana Town Code (Mike Hein)
Mr. Hein spoke briefly about this item and said that the approval of the
action would establish an independent seven - member Board of
Adjustment governed by Bylaws approved by the Town Council. He
explained that the Board members would serve 4 -year staggered terms.
Upon motion by Council Member Honea, seconded by Council Member
Escobedo, Resolution No. 2003 -40 and Ordinance No. 2003.07 were
unanimously approved.
6. EXECUTIVE SESSION Pursuant to A.R.S. Section 38- 431.03 (A)(4) for
discussion and consultation with the Town Attorney to consider the
Town's position and instruct its attorney regarding the Town's position
in pending litigation, Velardi vs. Marana (Dan Hochuli)
Upon motion by Council Member Escobedo, seconded by Council
Member Blake, the Council went into executive session at 7:38 p.m.
6
SI laws
7. Action on Executive Session, Item IX. B.6, pursuant to A.R.S. Section 38-
431.03 (A)(4) for discussion and consultation with the Town Attorney to
consider the Town's position and instruct its attorney regarding the
Town's position in pending litigation, Velardi vs. Marana (Dan
Hochuli)
At 7:55 p.m., Mayor Sutton called the Council meeting to order with all
Council members present and seated at the dais.
Upon motion by Council Member Honea, seconded by Council Member
Escobedo, settlement of Velardi vs. Marana as recommended by the Town
Attorney was unanimously approved.
8. State Legislative Issues
There was no discussion regarding legislative issues.
C. MAYOR AND COUNCIL'S REPORT
Vice Mayor Kai reported that he would be in Phoenix on May 7h and 8t
attending the Arizona Water Banking Authority meeting and the Central
Arizona Water Conservation District meeting.
D. MANAGERS' REPORT
There were no reports given at this time.
X. UPCOMING EVENTS
There were no upcoming events announced at this time.
XI. FUTURE AGENDA ITEMS
The subject of scheduling the Council retreat was suggested as a future agenda.
XII. ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, approval to adjourn was unanimous. The time was 8:00 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on May 6, 2003. I further certify that a
quorum was present.
Jocelyn Bronson, Town Clerk
8
�pW N OF
1 7
0
gRIZONP
STAFF REPORTS TO COUNCIL
� N/ Building Parks & Rec
Town Clerk - v/ Planning
Court Police
Finance PW /Engineering
Human Resources - V Water
•
v
• BUILDING OFFICIAL'S REPORT
April, 2003
Administration/Permitting:
• Staff reviewed and permitted 129 new single family residences in April.
• Staff reviewed and issued 364 building permits in April (including single family
residences).
• Staff completed 1552 inspection stops in March. The average stops per day was 70.
• The permit fees and valuation data are contained in the "Summary of Construction
Activity" report (enc.).
The month of April set a record for the number of housing permits issued. The available lots in
the various subdivisions provided the opportunity for builders to produce such a large number of
home starts. Commercial activity was nil for the month and it appears this field may slow over
the next month or so. The valuation of the impact fees was $236,195.00.
Building Official:
The most obvious item is the number of permits that are being issued for housing.
• We managed to issue 99% of these permits within the 10 day period we allow
ourselves for the processing of the permits. The only ones that did not meet this
timetable were those that were sent back to the applicant for corrections. Despite this
record we still have the reputation for being slow to issue permits. I will be
investigating why this image still plagues us and what I can do to change the
perception of the builders. I know we do a good job reviewing applications and we are
ensuring that the permit fees accurately reflect the building being constructed. Also I
know that we are similar to the other jurisdiction in response time. The only area we
do not do is an over the counter review for mass grade subdivisions. With the
proposed permit support clerk we will begin to offer that option. But I also know that
perceptions are difficult to change and are often based on old misinformation and
rumor. I will be working to find ways to improve the Building Services image.
•
\\DEVSERVER \bldgdata\Jack Holden\Finances\Building Official Report\03 04.doc 111
TOWN OF MARANA
SUMMARY OF CONSTRUCTION ACTIVITY
April -03
P: Permits Issued
Permit Type # of Permits Permit Fees Valuations
New Single Family Residential (SFR) 129 $577,176.56 $19,652,823.38
Remodel /Addition SFR 8 $844.17 $16,148.39
Manufactured House 1 $120.00 $0.00
New Multi Family Residential (MFR) 0 $0.00 $0.00
Remodel /Addition MFR 0 $0.00 $0.00
New Retail Commercial (RC) 0 $0.00 $0.00
Remodel /Addition RC 3 $8,277.54 $512,000.00
New Industrial Commercial (IC) 0 $0.00 $0.00
Remodel /Addition IC 0 $0.00 $0.00
Walls 45 $5,131.74 $155,805.80
Swimming Pools/Spas 14 $4,236.36 $121,988.40
Signs 15 $9,840.21 $235,702.00
Certificates of Occupancy 0 $0.00 $0.00
Temporary Construction Trailers 5 $1,090.00 $0.00
Temporary Tents 0 $0.00 $0.00
Revisions 84 $3,485.95 $0.00
Model Plan Review Only 5 $2,319.09 $0.00
Planning /Engineering 28 $29,090.36 $0.00
Miscellaneous 27 $850.00 $144,182.00
Totals 364 $642,461.98 $20,838,649.97
Total number of Inspections = 1522 AVERAGE DAILY - 70 STOPS
Total number of lots for Linear Park Fees = 24 - Total Collected $10,425.00
Total number of Water Meters Issued = 78 - Total Collected $77,200.00
Total number of Impact Fees Issued = 97 -Total Collected $236,195.00
Status of Current Commercial Projects
Project Name % co m lete Project Name % Complete
Safeway 80'
New Springs @ Silverbell 97 New Cycle & Sky 99
Marana High Add don /Remodel 99 Park / Coachline 95
Car Wash on Ina Rd 99 Park/ Continental Reserve 99
Anchor Plumbing (Meal Bidg) 30 Skate Country 99
Wal -mart 99 Park/ US Countryside Ridge 95
Dove Mountain Self Storage 85 Brake Max # 7 99
San Xavier Dispatch 99 KFC and Taco Be# 9
Heights Automotive 99 Park/ Maintenance Bldg 60
Walgreens / Ina 10
Kohl's Dept Store 20
• Planning Department
April 2003 Monthly
Staff Report
Strategy
� N Ob 0 ec-tive
policy Q
0 at
The following represents highlights of Planning Department Activity during April:
New Projects: The following new projects have been submitted for review:
Harvest Moon @ Gladden Farms Preliminary Plat
U.S. Home Corp. /Lennar, represented by OPW Engineering, L.L.C., has submitted the
Preliminary Plat for Harvest Moon @ Gladden Farms, Lots 1 - 134. This project is a
resubdivision of Block 5 of Gladden Farms Blocks 1 -25 located at the southwest corner
of Moore Road and Lon Adams Road in a portion of the east % of Section 34, Township
11 South, Range 11 East. This preliminary plat consists of 134 single family residential
lots on 25.73 acres.
The minimum lot size within this subdivision is 6,000 square feet. The project density is
approximately residences per acre. Access to the subdivision will be provided from
two locations on Gladden Farms Drive. The project will include .93 miles of new public
streets. Upon completion of the staff's review, this Preliminary Plat will be considered
by the Planning Commission and Town Council.
Bank of America at Continental Ranch Retail Center Development Plan
Arizona Pavilions L.L.C., represented by The WLB Group, Inc., has submitted the
development plan for a new Bank of America branch in the Continental Ranch vicinity.
The project site is located within the Continental Ranch Specific Plan area, on a portion
of Lot 6 and 7 of Continental Ranch Retail Center, on the east side of Cortaro Road,
north of Arizona Pavilions Drive. The project consists of a 5,079 square foot financial
institution, on -site parking and landscaping on approximately 1.45 acres. Access to the
project will be provided from the Wal -Mart loop road and from an easement road to
Cortaro Road. Upon completion of the staff's review, this Development Plan will be
considered by the Planning Commission.
Guzman Accessory Living Quarters Conditional Use Permit
Amando and Suzanne Guzman submitted a request for a Conditional Use Permit to allow
an accessory living quarters in conjunction with a primary residence on 3.3 acres in an
R -144 ( Single family Residential, minimum lot size 144,000 square feet) land use
designation, located at 3950 W. Moore Road (a portion of Assessor's Parcel Number
219- 33- 011N). The site is located approximately 880 feet north of Moore Road, west of
Thornydale Road within the southeast' /4 of the southeast 1 /4 of Section30, Township 11
South, Range 13 East. The Planning Commission approved the request on April 30, 2003.
Landscape Plans
The Planning Department has received the following Landscape Plans for administrative
review:
• Bank of America at Continental Ranch Retail Center
• WAM Enterprises at Continental Ranch Retail Center
• Canyon Community Bank
Native Plant Permits
• The Planning Department has received the following Native Plant Permit Applications
for administrative review:
• Twin Peaks Drive and Scenic Drive -Town of Marana
• Twin Peaks Highland
Zoning Code Amendments
Protection of Cultural Resources
Staff has drafted an amendment to the Land Development Code adding Title 20,
Protection of Cultural Resources. The proposed ordinance addresses guidelines and
specifications for the documentation and protection of archaeological and other cultural
resources and encourages sensitive development within the Town. Its intent is to
preserve cultural resources within the Town and protect and perpetuate the unique
character of the geographic area where existing sites, objects, archaeological remains,
architecture or other records of past eras can be of enduring value to the people of the
Town in advancing education and appreciation of cultural heritage.
The Planning Commission held a public hearing on the draft on December 18, 2002 after
which the Commission recommended approval. Town Council approved on April 15,
2003.
Title 5- Zoning and Title 8- General Development Regulations and Building Height
The Town has initiated amendments to TITLE 5- Zoning, by changing the Development
Standards in all residential districts, adding the R -10, R -12, R -20, R -80 and RD -180
residential districts and adding provisions to allow an increase in building height by
Town council approval in TITLE 8- General Development Regulations. On April 30,
2003, The Planning Commission recommended approval. Town Council consideration is
anticipated on May 20, 2003.
Title 3, 5 and 8 pertaining to Animals, Animal Keeping and General Development
Regulations
The Town has initiated amendments to TITLE 3- Definitions by adding and modifying
various definitions pertaining to Animals and Animal Keeping; TITLE 5- Zoning, dealing
with the various permitted, prohibited and conditional uses related to animals; and TITLE
8- Building Code, top be renamed General Development Regulations and dealing with
requirements associated with animal keeping and other technical inconsistencies specific
to TITLE 8. On April 30, 2003, The Planning Commission recommended approval.
Town Council consideration is pending.
TOWN OF MARANA
MUNICIPAL WATER DEPARTMENT
DEPARTMENT REPORT
For: April 2003
. Everyone wants to help conserve
valuable resources. Water is one of the
most valuable there is.
We could not live without it.
Date: May 9, 2003
MARANA
■
TOWN OF MARANA
TEAM WORK —
Is all staff working together in outstanding ways, with extraordinary cooperative effort
to accomplish ordinary tasks
TO: Mayor Bobby Sutton, Jr.
Town Council
Mike Hein, Town Manager
Mike Reuwsaat, Assistant Town Manager
FROM: Water Department Staff
SUBJECT: April 2003 Department Report Update
DATE: May 6, 2003
CUSTOMER INFORMATION
1596 Number of Customers Billed in April
27 Number of Disconnects in April
31 Number of New Connects in April
54 Number of New Services with Meter Installation
20,572,539 Total Gallons sold in April
26.92 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo
Verde, Airport, Sky Diving Center, Continental Reserve and Hartman
Vistas
42.70 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta,
Oshrin, Falstaff, Honea, and Cortaro Ranch
(325,851 gallons = acre foot)
DAILY OPERATIONS
1. Well checks and chlorination done 3 days weekly includes site maintenance.
2. Well meter and hour meter reads done every Monday.
3. Bacteria sampling is done monthly & Nitrate sampling is done quarterly.
4. Repaired 2 hydrants in Marana system.
5. Repaired water leak at Stockman's Bank.
6. Repaired meter leak at Picture Rocks.
7. Repaired 6" main break due to sewer line installation on Grier Rd.
8. Repaired service leak on Grier Rd.
9. Repaired broken service in Hartman Ten.
10. Repaired meter leak in Adonis (2 leaks).
11. Moved water meter outside fence at 13201 N. Sandario Rd.
12. 211 Blue Stakes completed in April
13. Blue Stake training for 2 Operators.
14. GPS training for 2 Operators for 1 day.
15. Geoff, Risk Asset training for 3 days.
16. Trench Safety course at Metro water.
17. Mitch tested 13 Backflows.
18. Two 2" installations with meters & backflows on White Ave for new T.O.M. park.
19. La Puerta well down
20. Hartman online.
21. Camino Verde line extension began construction.
22. Potholed for Tetra Tech 1 day.
23. Began planning 8" water main replacement on Grier.
WATER SERVICE AGREEMENTS BEING NEGOTIATED
1. FCD Marana Venture I L.L.C. /Clark Farms in discussion. Farm Field 5 Water
Service Agreement is completed and recorded.
2. Sunset Builders line extension for Picture Rocks System at Tres Casas is
completed.
3.. 6 inch main loop Camino Verde and Tres Casas design completed; construction
costs will be awarded as an addendum to Continental Reserve booster contract. .
4. A.F.C. - Eckerd's Drugstore southwest corner of Cortaro and Silverbell Rd.
5. San Lucas development water service agreement is in discussion stage.
OTHER
1. Purchase of Type II Non - Irrigation Rights for parks and other needs.
2. Managed Recharge Application filed May 1, 2002. Intergovernmental agreement
final draft is completed and is signed by everyone except Bureau of Reclamation
and Dept of Interior.
3. Pilot water treatment of Picture Rocks system is being setup and installed. Will
keep you informed as it progresses.
2
t
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MAR.ANA
DATE: May 20, 2003
AGENDA ITEM: IX. A. 2
TO: Mayor and Council -
FROM: Farhad Moghimi, , P.E., Public Works Director/Town Engineer
SUBJECT: Resolution No. 2003 -49 — Releasing the Assurance Agreement for Continental Ranch
Parcel 63A, Trust No. 4939, for Lots 1 thru 4 and Acceptance of Public Improvements for
Maintenance.
DISCUSSION:
Approval of Resolution 2003 -49 will release the Assurance Agreement between Arizona
Pavilions Development, Inc., an Arizona Corporation under Trust No. 4939, First American
Title Insurance Company and the Town of Marana, regarding Continental Ranch Parcel 63A as
depicted on Exhibit A. The subdivision is recorded in Book 55 of Maps and Plats, Page 47,
Pima County Recorders Office, Arizona.
In releasing said Assurance Agreement, the Town of Marana will accept for maintenance,
including regulatory traffic control signs and street signs, approximately 0.25 miles of the
following paved streets.
• Courtney Page Way
• Jenna Nicole Lane
RECOMMENDATION:
Staff recommends that the Town Council release the Assurance Agreement between Arizona
Pavilions Development under Trust No. 4939 and First American Title Insurance Company and
the Town of Marana:
SUGGESTED MOTION:
I move to adopt Resolution No. 2003 -49.
05/14/03
MARANA RESOLUTION NO. 2003-49
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT
BETWEEN ARIZONA PAVILIONS DEVELOPMENT, INC, FIRST AMERICAN TITLE
INSURANCE COMPANY, AND TOWN OF MARANA FOR LOTS 1 THROUGH 4, AND
ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN CONTINENTAL
RANCH PARCEL 63A.
WHEREAS, Continental Ranch Parcel 63A is an 8.93 acre subdivision located south of
Arizona Pavilions and north of Cortaro containing Lots 1 through 4 as depicted on Exhibit A
attached hereto and incorporated herein by this reference, and recorded at the Pima County
Recorder's Office in Book 55 of Maps and Plats, Page 47; and
WHEREAS, the Town has previously entered into an Assurance Agreement between Arizona
Pavilions Development, (beneficiary) under Trust No. 4939, and First American Title Company,
(trustee), recorded at the Pima County Recorder's Office at Docket 11719, Page 4496, assuring the
completion of public improvements; and
WHEREAS, Arizona Pavilions Develpment, has completed the public improvements
acceptable to Town standards in accordance with the Assurance Agreement for Continental Ranch
Parcel 63A.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana
as follows:
Section 1. Continental Ranch Parcel 63A, lots 1 through 4 are hereby released from the
Assurance Agreement between Arizona Pavilions Development, under Trust No. 4939, and
First American Title Company.
Section 2. The Town accepts for maintenance, including maintenance of regulatory
traffic control and street signs, 0.25 miles of paved streets for the following appurtenances, as
depicted on Exhibit A:
a. Courtney Page Way
b. Jenna Nicole Lane
Page 1 of 2
Marana, Arizona Resolution No. 2003 -49
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20 day of May, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochuli, Esq.
As Town Attorney and not personally
Page 2 of 2
Marana, Arizona Resolution No. 2003 -49
EXHIBIT A
rc
Arm ca
OV
a.aw- nwniw.wcown.�
oy, �
� ��� ••gam
a .a
N ° 12
In
r�� =�' 8200 —N.
4y 0
° •P
t �cy)
O to / / -
m0
CL
(( [�j
O` Od
000 -c ern .$^ a '
tj
���7j • f28L° 8A o'&S60 O
/�
EXHIBIT A
= 4 ao -vcmn w -m. vtsw �coua� - w
Mee z
CL
awl
r id
re
Ng
4L M-11
D o
I M o ° si� iry 4 N .o v
F o w ad a _ .3 O ; ' •� d bg i �j g� a; ' G. w < Z 2 a I
� z a, ,
0 Ee> of
a N < ep x S
$ 0 _ F a <O6R. FJ
WE
5.
� =° i
i b
!S S
<$ \ a o R ig ei€ e
.s
_ Wi<���z as
Ld a
gig :a
IM P ��RU
l lip
x �o �t<
9 a� -3, 2 M =s my i a
'16 � a T 7'° p
s
T 6 y`I JW E y Q y g _
Mi H / •@ W i�u
; — t $i
N Vag s
Q
°
s
Z oS ° °g F N
,�z1f o� c
io
d
..
I
a
� ra
BILL -OF -SALE
CORPORATION
TOWN OF MARANA, ARIZONA - TRANSPORTATION DEPARTMENT - ENGINEERING DIVISION
KNOW ALL MEN BY THESE PRESENT:
That, First American Title Insurance Company of Arizona As Trustee under Trust
Number 4939, Arizona Pavilions Development, Inc., and Southwest Value Partners
IV Limited Partnership, according to their respective interests, for and in consideration of
the sum of One Dollar ($1.00), and other valuable considerations, and pursuant to the terms,
provisions, and agreements concerned in that certain PRIVATE IMPROVEMENT
AGREEMENT number FA0203 -001 of even date herewith and executed between the parties
hereto, and of which this instrument is a part performance, receipt of which consideration is
_ hereby acknowledged, do by these presents grant, bargain, sell, convey, transfer, and deliver
unto the TOWN OF MARANA, a municipal corporation, hereinafter called the Town, its
successors and assigns:
Those certain improvements consisting of, but not limited to, the following:
Grading, drainage paving and curb
Also, all other property not herein specifically mentioned, constituting a part of, and belonging
to said improvement in and along streets, boulevards, alleys, easements, and rights -of -way
lying within or adjacent to:
Continental Ranch Parcel 63A. Lots 1 thru 4
—' 140 \12385.009 \2002112116444300
a subdivision of Pima County, Arizona, the Map or Plat of which is recorded in the Office of
the Recorder of Pima County, Arizona, in Book 55, of Maps and Plats at Page 47 as shown
on Plan No. PRV- 0104PP approved January 18, 2002 on file in the Town of Marana
Engineering Division.
TO HAVE AN TO HOLD the same to the Town, its successors and assigns forever, and the
undersigned do of themselves, their heirs, executors, administrators, successors, and
i assigns, covenant and agree, to and with the Town, its successors and assigns, to warrant
and defend the sale of the said property, goods and chattels, hereby made unto the Town, its
successors and assigns, against all and every person or persons whosoever lawfully claiming
or to claim the same.
TO WITNESS WHEREOF the undersigned has executed this instrument this 2 da Y of
oye -v,ny 2002.
0 Beneficiary /Owner Lender
Arizona Pavilions Development, Inc. Southwest Value Partners IV Limited Partnership
By: Ranch Holdings Limited Partnership
Its: General Partner
By: Milro Corporation II
Its: General Partner
Title —_ -,� - -- -- By:— - -
David P. Dolgen, ice President
Assurance Trust - Trustee
First American Title Insurance Company efPcriz-alTa
as Trustee under Trust Number 4939, and
not in its corporate capacity
By_
Title
140 \12385.009 \2002112116444300
I
TE OF ARIZONA )
COUNTY IMA ) ACS �10Lc�C �DCeAJ..& k)
j On this, the da , 2002, before me, the undersigned officer,
personally appeared respectively, of
a corporatio , nown to me to be the person(s) who subscribed the
I foregoing instrument, and acknowledged they executed the same, for and on behalf of
said corporation, for the purposes and consider ' s therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand an cial seal.
Notary Public
My Commission Expires:
TE OF ARIZONA
COUNTY O A ) § +O` 00 L L &L &L&),) T
On this, the day , 2002, before me, the undersigned officer,
personally appeared respectively, of
a corporation, own to me to be the person(s) who subscribed the
foregoing instrument, and acknowledged th be y executed the same, for and on behalf of
said corporation, for the purposes and considerate therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and o i seal.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
COUNTY OF PIMA
On this, the day of , 2002, before me, the undersigned officer,
personally appeared respectively, of
a corporation, known to me to be the person(s) who subscribed the
140 \12385.009 \2002112116444300
n f
foregoing instrument, and acknowledged that the executed the same for and on behalf of
9 Y ,
said corporation, for the purposes and considerations therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
J
Notary Public
My Commission Expires:
STATE OF ARIZONA )
COUNTY OF PIMA )
I, of ,a
corporation, hereby declare on oath that said Corporation is the sole owner of the property,
set out in the within and foregoing Bill of Sale, and that said property and all thereof is clear,
free and unencumbered.
Southwest Value Partners IV Limited Partnership
By: Ranch Holdings Limited Partnership, General Partner
By: Milro Corporatio�Gen Partne r
By
David P. Dolg Vice President
ESS my hand this day of , 2002, by
of ,a
corporation.
ACL .Qo U) LP-'()6 AL
Notary Public
My Commission Expires:
140 \12385.009 \2002112116444300
e
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
On November 22. 2002 before me the undersigned, a Notary Public in and for
said State, personally appeared David P. Dolgen , personally known to me or proven
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed
the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal MARY COMM 1Z 4600
= /��� 0 4600 M ,
W „ Notary Pu#4c -California CA
SAN DIEGO COUNTY =�
My Comm. Exp. Feb. 18, 2005
Notary's Signa re Seal
a
f�
A
t
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On November 22, 2002 before me the undersigned, a Notary Public in and for
said State, personally appeared David P. Dolgen , personally known to me or proven
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed
' the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. '.. -,. MARY E. KRUSE
COMM. 1294600
W ', Notary Public- CaHfomia co
if
`� f SAN DIEGO COUNTY -+
My Comm. Exp. Feb. 18, 2005
Notary's Signature Seal
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On November 22, 2002 before me the undersigned, a Notary Public in and for
said State, personally appeared David P. Dolgen , personally known to me or proven
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed
the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. MARY COMM 00 1 *4500
`'
♦ �' . Notary Public -0aNfomis �
Uj
SAN DIEGO COUNTY =�
• MY Comm. Exp. Feb, 18, 2005
m
Notary's Sign re Seal
J
r
• STATE OF ARIZONA )
)ss.
County of Pima )
On 11/27/02 , before me, the undersigned Notary Public, personally appeared Brigitt e
Echave personally known to me (or proven to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
My Commission Expires: a ,
Notary Publi
"OFFICIAL SEAL°
Rachel Lynn Turnipseed
Notar Public- Arizona
County
• _ My Comm. Expires 772/2004
i
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: Ma 20, 2003
AGENDA ITEM: IX. A. 3
TO: Mayor and Council
FROM: Brad DeSpain, Utilities Director
SUBJECT: Resolution No. 2003 -57: Approval of Water Development Agreement Between Town
of Marana and Flowing Wells Irrigation District for the development of additional
infrastructure facilities to benefit both entities.
DISCUSSION` The purpose of this Water Development Agreement between the Town of Marana (Town)
and the Flowing Wells Irrigation District (FWID) is to provide for cooperation between the
Town and FWID for the purpose of providing renewable water supplies to the parties'
customers and to provide for cooperation in the development of infrastructure to aid in
serving water customers in the northwest area.
Flowing Wells Irrigation District serves a relatively small geographic area in northwest
Tucson, which service area is substantially built out. FWID has excess renewable water
supply capacity through a subcontract among the Central Arizona Water Conservation
District and United States. Among other things, this agreement will permit Town and
FWID to participate in infrastructure planning efforts so that the Town can purchase the
excess Central Arizona Project allocation of FWID.
RECOMMENDATION:
Staff recommends approval of the agreement between the Town and Flowing Wells
Irrigation District for the construction of water facilities and the provision of renewable
water utility supplies to the Town's northwest service area.
SUGGESTED MOTION:`
I move to approve Resolution No. 2003 -57.
LTTIUCBD /JCB 05/14/0312:53 PM Resolution No. 2002 -03
1
MARANA RESOLUTION NO. 2003-57
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH FLOWING WELLS IRRIGATION DISTRICT FOR THE DEVELOPMENT OF
ADDITIONAL INFRASTRUCTURE FACILITIES TO BENEFIT BOTH ENTITIES.
WHEREAS, the Flowing Wells Irrigation District ( "FWID") possesses an excess supply of
renewable water; and
WHEREAS, the Mayor and Council of the Town of Marana have determined that obtaining
additional water from the FWID would benefit the Town and its residents, by increasing the Town's
renewable water supply; and
WHEREAS, the Mayor and Council have determined that, in order to gain access to excess
water provided by the FWID, certain infrastructure must be developed; and
WHEREAS, the FWID wishes to assist the Town in developing such infrastructure; and
WHEREAS, the Mayor and Council have determined that cooperating with the FWID in
developing infrastructure to supply additional renewable water to the Town is in the best interest of
the Town and its residents; and
WHEREAS, the staff of the Town and the staff of the FWID have developed a Water
Development Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference,
which will permit Town and the FWID to participate in infrastructure planning efforts and allow the
Town to purchase the excess Central Arizona Project water from FWID.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, that the Mayor is authorized to execute the Water Development Agreement, attached hereto
as Exhibit "A" and incorporated herein by this reference.
Marana, Arizona Resolution No. 2003 -57
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20 day of May, 2003.
Mayor Bobby Sutton, Jr.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Hochuh & Benavidez, P.C.
As Town Attorney and not personally
Marana, Arizona Resolution No. 2003 -57
5
WATER DEVELOPMENT AGREEMENT BETWEEN
TOWN OF MARANA
and
FLOWING WELLS IRRIGATION DISTRICT
This Agreement is between the Town of Marana, an Arizona municipal corporation ( "Town "),
and Flowing Wells Irrigation District, an Arizona municipal corporation ( "FWID"), effective this
day of , 2003.
RECITALS
A. The purpose of this Agreement is to provide for cooperation between the Town
and FWID for the purpose of providing renewable water supplies to the parties' customers and to
provide for cooperation in the development of infrastructure, including transmission mains,
treatment plants, recharge facilities and other facilities which will mutually benefit the Town and
FWID.
B. The Town serves a service area which includes a rapidly growing area of the
northwestern metropolitan Tucson area. The Town is in need of additional renewable water
sources and anticipates construction of substantial additional infrastructure facilities in the near
future to serve its customers.
C. FWID serves a relatively small geographic area in northwest Tucson, which
service area is substantially built out and which is not anticipated to experience any significant
additional growth.
1
i
D. FWID has excess renewable water supply capacity through a subcontract among
the Central Arizona Water Conservation District ( "CAWCD ") and the United States.
Therefore, the parties agree as follows,
1. Recitals. The foregoing recitals are incorporated into this Agreement.
2. Infrastructure Planning FWID and Marana will participate in infrastructure
planning efforts for the delivery of Central Arizona Project ( "CAP ") water into the northwest
portion oft he Tucson Active Management Area, which planning efforts may also include the
Metropolitan Water District ( "Metro "), the Town of Oro Valley ( "Oro Valley "), the U.S. Bureau
of Reclamation ( "USBR ") the Town and FWID. The planning shall include proposed pipeline
and pump station construction for the purposes of ultimate delivery of CAP water. In the future,
planning may include a CAP treatment plant to be constructed in the northwest region and
planning for possible terminal storage, which would be part of a separate process.
This Agreement is limited to the planning, design and construction of pipeline and pumping
facilities anticipated to be required to deliver CAP water to Marana and FWID customers.
3. Infrastructure Construction and Operation. The Town's and FWID's financial
participation in the planned activities within the Town is to be determined, but shall be based
upon the following provisions:
3.1 For construction projects, in which FWID agrees t o p articipate, F WID's
costs of such infrastructure shall be the cost of any facilities constructed specifically and
solely for FWID's use plus the increased costs for the upsizing of any shared facilities
which are upsized to meet the needs and capacity requirements of FWID including CAP
related treatment and storage facilities.
2
3.2 FWID shall pay its proportionate costs of pumping, routine maintenance
and operation of infrastructure which are utilized to deliver water to FWID based upon
the percentage of FWID's water delivered as it bears to the total amount of water
delivered through said infrastructure with a capacity based charge for basic maintenance,
administrative overhead and a replacement reserve.
3.3 FWID shall pay its proportionate cost of repair, replacement of
components and reconstruction of infrastructure which are utilized to deliver water to
FWID based upon the percentage of FWID's capacity as it bears to the total capacity of
the infrastructure.
4. Lease. FWID agrees to lease to the Town up to 4,354 acre feet of its CAP
allocation for fiscal year 2002 -2003. The amount of water delivered to the Town shall be
determined at the Town's sole discretion, subject only to the availability as determined by
CAWCD.
5. Lease Price. The lease price for the water shall be the total costs charged to FWID
by the Central Arizona Water Conservation District in the year of delivery. The lease price shall
include the cost of water and capital charges attributable to the water subject to the lease for the
year in which the delivery occurs.
6. Lease Duration. It is the intention of this Agreement to allow the Town to transfer
1500 acre feet of CAP and to continue leasing FWID's water on a year -to -year basis, subject to
approval of the Town Council and the FWID Governing Board.
3
7. Transfer FWID will cooperate and assist Town in securing a transfer of CAP
water as hereinafter described. FWID agrees to make available to the Town until June 30, 2007,
up to an aggregate of 1,500 acre feet of CAP water to allow the Town to apply within said time
to CAWCD and the Arizona Department of Water Resources ( "ADWR") for approval to
permanently transfer up to an aggregate of 1,500 acre feet of FWID's CAP allocation to the
Town. If the Town makes an application for transfer of up to 1,500 acre feet as provided in this
Paragraph 7, t he T own s hall b e entitled to pursue approval, in total or incrementally, of such
transfer so long as the Town pursues all necessary approvals with reasonable diligence.
8. Reimbursement. At such time as CAWCD, USBR and ADWR approvals are
received, the Town shall reimburse FWID's capital investment in the transferred allocation,
together with associated interest, administrative, engineering and legal costs actually incurred to
the extent such costs are approved by CAWCD for reimbursement.
9. Recharge. FWID agrees to pursue receipt of an assured water supply from
ADWR. Within one year after receiving an assured water supply, FWID will begin a recharge
program.
10. Recharge Cost. The Town agrees to assist FWID in establishing its recharge
program, as well as future water recovery programs, at the lowest possible cost to FWID
consistent with allocated cost principles.
4
11. Use of Transmission Facilities. The Town agrees to allow FWID to transport CAP
water through unused capacity of existing and future Town facilities, including facilities jointly
owned a nd o perated b y t he T own a nd t hird p arties t o t he e xtent o f Town's control over such
facilities, for the purpose of delivery of CAP water to FWID's service area. The Town shall retain
control over all of its own facilities, including those to which FWID has contributed to the
construction costs so long as Marana provides delivery of FWID water as provided herein. The
Town shall have the right determine the schedule of delivery of water to FWID so long as such
deliveries are made on a daily basis. Deliveries may be made during off hours for purposes of
obtaining favorable power costs or to minimize required facilities capacity. The Town agrees to
charge FWID only the actual prorated cost of power, maintenance administration and operation
based upon the relationship of the quantity of FWID water as it bears to the total quantity
transported through the facilities.
12. Cooperation with CMID. The Town will assist FWID to work with CMID and the
Marana/CMID Trust to establish a program for recharge recovery.
13. Execution of Documents. FWID agrees to cooperate fully and execute such
documentation as may be necessary to complete one or more applications by the Town for
approval of the permanent transfer of up 1,500 acre feet of FWID's CAP allocation to the Town.
5
14. Cooperation. The parties agree to cooperate to the extent that such cooperation is
not inconsistent with the best interests of the parties' customers to carry out provisions of this
Agreement. FWID agrees to support, cooperate and take all reasonable actions required to
facilitate the Town's application(s) for permanent transfer of CAP water. If, through no fault of
FWID, all or any part of the Town's application(s) for transfer is denied by any authority having
jurisdiction, such denial shall not constitute a breach by FWID nor excuse Marana from any of its
obligations hereunder.
15. Amendments. This Agreement maybe modified only by written amendment
signed by the Town and FWID. Amendments shall be executed with the same formalities as this
Agreement. Executed copies of any amendment shall be provided to both parties.
16. Requirements of Law. Each provision of law and any term required by law to be
in this Agreement are part of this Agreement as if fully stated herein.
17. Termination for Cause. The Town or FWID may terminate this Agreement at any
time with cause after giving forty-five (45) days written notice of termination, unless such cause
is cured by the other party within such thirty day period from notice. The notice shall be in
writing delivered to the authorized representatives of the Parties and shall specify the alleged
breach and state the effective date of termination.
18. Assignment Neither party may assign or delegate any right or obligation under
this Agreement without the express written prior consent of the other party.
19. Term. This Agreement shall become effective on the date signed by the parties
and shall remain in effect for fifty (50) years or until terminated under paragraph 17 or by mutual
S agreement of the parties.
6
20. No Indemnity. Neither party to this Agreement agrees to indemnify the other party
or hold harmless the other party from liability hereunder.
21. Pgly Representatives. Each party to this Agreement shall designate a
representative. Either party to this Agreement may designate a new representative by filing a
notice with the other party without amending this Agreement. Notices, correspondence, invoices,
payments and reports from the Town shall be sent to:
Superintendent
Flowing Wells Irrigation District
Attn: W. David Crockett
3901 N. Fairview Avenue
Tucson, AZ 85705 -2699
Notices, correspondence, invoices and payments from FWID shall be sent to:
Director
Utilities Department
Town of Marana
Attn: Brad DeSpain
5100 W. Ina Road
Tucson, AZ 85743
22. No Relationship. The parties agree that there is no partnership, joint venture,
business enterprise, agency or similar relationship between the Town and FWID, and this
Agreement creates no such relationship.
23. Severability. The provisions of this Agreement are severable to the extent that any
provision or application held to be invalid shall not affect any other provision or application of
the Agreement, which shall remain in effect without the invalid provision or application.
7
24. Audit of Records. Each party shall retain and shall contractually require each
contractor employed by a party to retain all data, books and other records supporting any costs
incurred, where reasonable and necessary ( "Records "), for a period of five (5) years after
completion of the Agreement. All Records shall be subject to inspection and audit at reasonable
times upon written request.
25. Cancellation for Conflict of Interest. Pursuant to A .R. S. § 3 8 -511, the S tate o f
Arizona, its political subdivisions or any department or agency of either, 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 State of Arizona, its political subdivisions or any of the departments
or agencies of either is, at any time while this Agreement or any extension of this Agreement is in
effect, an employee of or an agent to any party to this Agreement in any capacity or a consultant
to any party of this Agreement with respect to the subject matter of this Agreement. A
cancellation made pursuant to this provision shall be effective when the other party receives
written notice of the cancellation, unless the notice specifies a later time.
26. Non - Discrimination. Both parties shall comply with Executive Order 99 -4, which
mandates that all persons, regardless of race, color, religion, sex, age, national origin or political
affiliation, shall have equal access to employment opportunities and all other acceptable State
and Federal employment laws, rules and regulations, including the Americans with Disabilities
Act. Both parties shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion, sex, national origin or
• disability.
8
•
27. Applicable Law. This Agreement shall be governed and interpreted by the laws of
the State of Arizona.
TOWN OF MARANA FLOWING WELLS
IRRIGATION DISTRICT
By: By:
Its: Its:
APPROVED AS TO FORM:
For Town of Marana For Flowing Wells Irrigation District
9
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: May 20, 2003
AGENDA ITEM: IX. A. 1
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: Resolution No. 2003 --45 — Safeway Shopping Center Final Plat An application for arequest of
final plat approval for the creation of a commercial subdivision on a 19.75 -acre site consisting of
six lots, located at the southeast corner of Silverbell and Twin Peaks Roads on Parcel 20 of the
Continental Ranch Specific Plan, in a portion of Section 20, Township 12 South, Range 12 East.
DISCUSSION:
This project was presented to the Planning Commission on December 18, 2002. The Planning
Commission is forwarding this final plat to the Town Council with a 3 -1 recommendation for
approval; Chairman Parker dissented.
The existing land use designation is "C" (Commercial) per the Continental Ranch Specific Plan.
This designation provides for mixed -use opportunities as intended by the Continental Ranch
Specific Plan, allowing a variety of commercial and retail services needed in the community.
Ultimately, this project will have three ingress /egress points off of Silverbell Road and two off of
Twin Peaks Road. The delivery trucks for the Safeway Store will enter from the southernmost
access off of Silverbell Road.
The applicant is proposing to develop the site with Safeway as anchor, along with a gas station,
auto parts store and a number of shops and restaurants.
Staff finds that the proposed final plat is consistent and in conformance with the applicable codes
and ordinances for the Town of Marana. Staff has reviewed the request against the requirements
of the underlying specific plan. All applicable development standards are adhered to with this
final plat.
RECOMMENDATION:
Staff recommends approval.
SUGGESTED MOTION: I move to approve Resolution No. 2003 -45.
MARANA RESOLUTION NO. 2003-45
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING THE FINAL PLAT FOR SAFEWAY SHOPPING CENTER,
SUBMITTED BY SAFEWAY, INC., FOR A 6 -LOT COMMERCIAL SUBDIVISION ON
19.746 ACRES LOCATED ON PARCEL 20 WITHIN THE CONTINENTAL RANCH
SPECIFIC PLAN AND MORE SPECIFICALLY ON THE SOUTHEAST CORNER OF
SILVERBELL ROAD AND TWIN PEAKS ROAD IN A PORTION OF SECTION 20,
TOWNSHIP 12 SOUTH, RANGE 12 EAST.
WHEREAS, the Town of Marana approved and adopted the specific plan for the area
known as Continental Ranch on April 5, 1988 (Ordinance 88.09), located within the corporate
boundaries of the Town of Marana, Arizona; and
WHEREAS, Safeway, Inc. is the owner of property located on the southeast corner of
Silverbell Road and Twin Peaks Road more particularly within a portion of Section 20,
Township 12 South, Range 12 East known as Parcel 20 of the Continental Ranch Specific Plan
and has applied to the Town of Marana for approval of a final plat for a 6 -lot commercial
subdivision on 19.746 acres, including lots 1 through 6 and more particularly described in
Exhibit A, attached hereto and incorporated herein by this reference (Exhibit "A "); and
WHEREAS, the final plat was presented to the Marana Planning Commission on
December 19, 2001, and the Planning Commission recommended 3 -1 that the Town Council
approve the final plat; and
WHEREAS, the final plat has been placed on the Consent Agenda for action by the
Marana Town Council at the regular Town Council meeting held May 20, 2003, and has
determined that the Safeway Shopping Center final plat submitted by Safeway, Inc. is in the best
interest of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f
Marana, Arizona, that Safeway Shopping Center, submitted by Safeway, Inc. for a 6 -lot
commercial subdivision on 19.746 acres of property known as Continental Ranch Parcel 20
located within the Continental Ranch Specific Plan area more specifically on the southeast
corner of Silverbell Road and Twin Peaks Road in a portion of Section 20, Township 12
South, Range 12 East, is hereby approved.
Marano Resolution No. 2003 -45 Page 1 of 2
. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20` day of May, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Hochuli & Benavidez, P.C.
As Town Attorney
and not personally
Marano Resolution No. 2003 -45 Page 2 of 2
S
Shopping Center
„.. Fin • I
CASE NO. PRV-01 122f
9
I
I
i t
�� ���� /111111 ! ����♦ � � � �� -
,► •� , � IIIIII�r�_ 111111
,_� •• IIIIII��t �� I
' :11111 � � �.�.� ■ I
� � 1111111►11r������� !
����111111111111111111/ te r• �� I
HIM
Approval of a Final Plat to allow for the creation of a
,I lot commercial subdivision on Parcel 20 within the
III I�i�1��
1
1
i
i
C on ti nen t a l . S
V
D a yrn - A� ;mz� y � fn�fn Cm z� oo mv°r o 0 o�oW �6c
C 1vr �Om mmv°jm z��mn
Am mr Nz� mr oov� �Z;sz°�
m OS m �• O
S2 v5 �z ? m �z ? w ;rn v oo M o _
�N o rn m �<
O D G =i C v rn m 5 Z z
�z a 0� Cr m ;;
M 6m zx �'� Q z2S �A[ vmmov m
yy O� 71 O? zm 'ei Z
O OT` O
z v f � Nmm
0 {Z. v m t n OW N�C> O
Wo
z m �gQqz
AI 1vz yrn ;rn
?za omZ
S O m m
6e vof g � !'I5j A m
a:.
° n i;u - o
�n °z xz
zm 0
z� m00z)z
o _ y
r�* 0 r1i c�Zy
m
D v
0
Kz ° m A OS
- v - .n DN 0 -uD Of c0 o W D tn Cpf '1 �� p tn A O.2
10 2 1 O > Cc mS ZZ O { >D Z CZ;U�A m -AA �� O O Zo OF rn
y C D A= O m C D _ v O pm - -- Vl y DD �02 CO {
v 8z I z r�* ooz z ry* m o ?2 zz52 A mgvy 1 m x� 6of� Z �'
o z y� -In v� tai �a o OD- rn_ mcry* rn m c �n� Z" m cai 1 5y�
m c 0 mN 7c= O �{ ;D �,Zjf3WC oonFA OO OZ
O Z O -n mDZ O ;Z00f*� "O O 0 .� f' >ZVI 7Crn a
v m D -IV {O� rn 'n y �Z OvZCg y.'OZ �m� �r��xz �0 { I ��mv
2 W A x m mn Z ZDyZ E y� S my -IC
47 O C v m { Z V ry0 {CD� � °-1 ;.� Ulm D V)m
mC O N �O N 0 5 vW mO00Z> cZy y W DZ {2 :cl
o m ; Z O Z m p _ Mn z O D D O W _ O z ?v° �mOZ m m Vl. °ZN
�p D D ZO m D - -Z i ' rC �C ° m m z00� - a 0 O S�v56
m `2 OO Vx 5 5 °100mc�jOOAZD O OO SAO mf xf00
o
US - F �� v v o z ° r °��� a`�z c'�xu
D OOo mo m
m m zm I+ v- N A m v 1- 2x m m tn O< N 2W Om °O ;�
Or �i mo r , m m mo�mmo z ;f72 W - 52 O i ocC f ?V
N1 N O$ OAe O O O m022 �91x'IOz;rno --l � yz -IO
m - n 6. .m z rn ! 4gzmo7 Oof C �mSmO!'A A H
K o ' - x or i myl�'DZ� V m V � Z 1 Fz > �z o c�r�l* c�nz mmo ii�m ° �
mm �� Am�lO t�/ o ~ 2 D 1 - m o'm-IV D mj ;A.��A
x c y o > mo t r I . ,, n v D m -1
m X m tj 0 00 yA �Z ° mo� m x � OpT u Cf x +l < rnrn
n m o1Ov °Zoo > °O �m�m > Dz y3
0 m0 y �� z Z �Xmtnz? z mm < y mml�. -1
{O Z in - y r y <r D �> D < D N 0 0
O OO N v v �oO m� z =rn 1CrD�+��p�nnm p .mvz rn
Z� m m DSO ;�za z mm zppForn�l�i _v> m ZZ
m c m r�*.�mz m �xz� ; o °
M mg AfZOOy�AmO ZOm 'y ;Zm O� DrnO fn
O W m z DQ O m O +n o
1 rn ; 1�*2_ZmA� Wm rn0 rnCO zm v
A -I �" n �gzm�v`r'�'�! �a�� u' � °v = �N - D = �
n Orn me _ E X t�iS�^rn - nm of c ° �mpz oz
oo
Dy x _ O 01 (n W N O f0 W V Oi 0 r. W N
-I y _ > p m �1 y
�m Z O tn�2 S �m���0 O PAOx2 �f�* D= �c�n ���00 jx. c C CCm < i zA
2 1�mmDm vlamm W �m W Om rn Z m m
o mm LI D m y 7c xzn� ��z cv W v _vyNZ Om O g 6 66 0 ; >�^ Z
m i �° r ' R, ,�° y ��a q � c^� DOZ >co ti °u y x z c c 69 o c D 8 m O
Om ' R, Oz gm p D ZI �„� <�O 0�3:. pz' �y Z� yO o = = o
yy y m ; fno En pz z r Z 70 m Z y f0� O of/7 m m oz A Z� m m m my r r y
D `L By- _ A ,�vl Ornoy y C < f/1D fA mpu�D Cr °' + O i OO20 np CO3
D m O O Z
mu {u p-� F y �y .� Grn')ml_7ODyZ2' 0 OZp � - z . 0
W nay -_nz � to W m� c
p Z Z1
c�. a o p my �^v m r c . D I 1z yrnv� m z ��� �'1 ° 'T c oz �x �c�c �n j ,m ;
m < "O - �, m AL c m 5aA OOo� r.4 m� �Wm �m0 � t v m m v s'
z m m z� m m _ v (o ro m m m z 3 ci
Z�o O - �Om n� ZZm -I g� oo 0c' �' ;�� zy °n ZZ=D N P z� O Om
ny m yA� m Z O�mOOrri) Dvz O 2 0 O '� 5fn oo pp m
rvx 7i v '� m N� � m�tZ WO ° ov • v v i ° mo lF -+I rn o z �; mo tn�o ao o �a
O c 5P O� rs� r�*m C RRR- vmP W o G) o to
+IS o W - z y r��� mD� Zm m z z m� zoo z ` m cif N o
Z-I fn �ZOzD �nw O c - v Zm, 2 o �D Av o y
mm9 n Orn z o c ( rC CZO v�ZmO WW �W$ON - ; v Rpmm Oy D .{ ti O
'" !I oo 0 0 m - �° ;D C OO m § Y m o � (n Cln -n Orn 5
z51 mm `M <<I' 8 z OyD mm�n=�D �2 urniOO o� o� n� s �O y a y O O Z
r o o x Cs -m- -'2 25p g:j mFo 1+'��-'0 -n w; AZ -n ` E? In 8 ` f�. Z v
ZZ -10 Z�p DOJ+ W �,Pp m f�7m fnm O y
rn A C rn Dmx�= '0 mr� m oS 0 2 rnm vv ;2 ;
D� o - O x 1 -r NOD C G) 0 ca °z l*1 >° v � - oz w° mo m rn °m ° o ° m o v mz z= rn ° v z; 9 v 8 v mz � �mO > Z� A sZ8 rn0� - D —0 �y nA-i vw Oz O i � -v g Az n N
y - " - a mf mf b z c�i .77 p ��oz z S y v ;
I 0m1o� I -n m0 tom m s �f zW y Z
rn r
w . c cz
o H
X 5 M v 0
m; z .� m C 2 e /
5 - 0- 2 2 F g- c z c O ; o o 1Oo
T
s 3 a 6 rn A cz cz iz 1 ii z
b g_ c z z a:m A - ; m o v / v
N y D y -n g v o [[++ c) �v >� O �_ O W SCENIC RIVE n
Z >. y FI W m
O' 3 a D Z F+i
A W C m O g $ g 'S W Z { Uly m y v)O Az. K > 8 :- q - . /
< ! g ° �S vmfn m O - c vlm u > �m 0 c z k° ��i � ��3i i/ o
A z y n 1' g a 1�? ro o A 7C m; 0 0 fn v o z p (n - 0 .4a in ss D z N / v �c n W
8 s R z a W 3 z `�o$ + o r
rSr z O 17 �� o x e c c> i m O y o o v> z
Ay O e i � ^'N En m z z :Z �O �� x12 a,
c v c ; Z unsuea<nEn� _�
Z Z 33 n m
m z
azz om D s g No ^� z c o J
ur °� N .Z1 D i z[ z ( n r n
O_ OC s GNU ,dd8^�i ,, /Q PNP!•R_ eohan.�:
1 D
0or P18
c j3
t A
z y 1 0'
m m zee
N # � m W v) o A- r y r >N 1 F
J n oD C O� c m m O O N .d5
A� g c o A m y I t 3 is dy a
o z o 6 a o m 1 o No
M` m �/� ; Z z x { W O g
W y� C p `�
c
• rn z
A~ \/
O Z
• a y
N ZZ
BOOK PAGE
H , Dva xooa
$ N
0
O
N
FZ N N W W
N 0 � � c!
F MM MM P01M�a ^�I
O w O N O W
n N" V y
Of O/M ^ ppt0 t0 0 Z
LL �
Z N IA M O Ill M IA N M 0 0 0 0 z 1 �
< M A w in 1A n [V �_ iD a 1n In ` ° W
LA b a N In LA LO IG < O N M N f O M ,n N N m I` Q In Z U
0 m Z Z z z z z Z X m z z2ZZ '.Y�NN b, to O Z O
K 0
mZ pmp p . M m H a
1= �M c,1 O^ $ �! Y 0000 MO 00 U? 00000000 �? O
_ O 1n 1� V tG tG w" I N d O O O O !2 t0 0 O /L = W .- W
`' t01� 1� .-N N N MM OOO ^' L` C Z =Z O
�� 00000
S LL �Q ° z
w �K� �yCNZC.a tO I� O NM �d'��'n W IL
J J .] J J J J N
JJ �j UUUU
J c y E8C w -Z O
z¢
O Z a F w
J O a U 2
o�'vi cip d 6E, O OR'
Fig Q p o °'
y ¢ Z
j N fp a d l0QS$ U > F
'0 E i o g"' ggg m O f/
O a -j a S S LL 5 4
N w c4 = m s g a CD > U U m gas a a
V -
Of o rn $�€ a
W N a v C-4 1 (/� w
° v�
C7 c3
Q a Y J a 0 ■
2 W N =
Q W N K O N U
Lo I Q ^ v 2
Ld
cn
!Z
I N
Z M
o laN la
U laN ) , psis N
l$
a ,5L a ,SL IS8 ,oz - --
- 1 \
X1.91 yL$0
I
m d
m /•
N O
V�J £o
Z AYAl39y yryyo
ro co
ON
:, \ \ LLSOp
w m m \ OOl
O 1 F �\
:k
0. N\ \ I
Z
45'10�M NR ZOtly�IM.£f,8S.4ZN
r 168.8 (n
ci N I I 9S'L94 I I - >
d
nl M"LL,Z4.9ZN u3 N3S 45'10"W -' � 1 1 a m �
y N ,00761 I I N"L,Z4.9ZN - - - - -� 9-1 112.83 ° 1 1 n U .
N LJ M
I U cc ow
6 < I I 1 1 4c to O 1-i w w 5l N n n w N I I N M
3: �1 Zo
1 Y
N � I I w u> �16 0 m
°D. W
Z U to N o
Lq N o Z Za
° I I v U �1 °°
N d = I N N w Ld 1 1 "'7 ^ i r 1 I v O /
z _r 1 Q U
IL /
-------- - - - - -- 1 I l r /
ZN� J m I J �6
Q Q U m I - - - - -- ZLI -- - -_
m I I
d Z y z 1 1 ow m I 1 /
w Y Z Z N L,Z4.9ZN I --� �' 4�i N N 0: 11 J a.
i- m I I I �^ /
Z
N I I z�
0 `c
I I � / S ` \ \ \9 / N
io .-.
v
Lozsz I i a / / o o
M.0£.0L9ZN o�� in� / / / $ i �S \o / urn U 4;�m
�\ �n r w zoo w
xg
w
n L-- - r
a .9L a . ls8 ,OZ i� m / / rnc+ y rn i n^ Zm °
m Y O �L J ~ c• / / \ y r Y �. II II w w
iv N N / ►�15' S+. °° / c �r ' q " � ` 1 g J rn rn
fn
J / /Z 2 I v
N O / / / G O O 1�i� NI
o� / / J° o ` °° nl d gI 1 8•
.01'05 / i4l � a : r� 1 I x 101. 5
/ a n p `� L
m il l M z
10 (n y
f _
ED �J — /i L= 314.38' z
0 / (DKT. 9496, M PG. 5662. P a
�N— p
S �L�\RIOAD
LLJ (BOOK 3 REGARD OF SURVEY. PAGE 42)
ZL
96Z 3 "94, ££.4ZS — — L=351.92' R= 3200 .00' p�6 18'04 Tan= 176.14'
7 - -- — _ — _ - - - - -�
9097, PG. 384, P.C.R.)
Z
/ I O
22.5' N
22.5 > a
z twit ��^� R ry 45' o m L
n ^ In
_/ 'L5 dVN '09 N8 Y a
NOISIAI(io 1S SAV3d NIMl W o 9
�9/ .L / �o m _z
X198 m a 7 U
6/ / Q T
o�
> m
�r•w ya mmoi is -w-mx
swauouwgW��eimwc\r
a
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: May 20, 2003
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: PUBLIC HEARING: Ordinance 2003.10 and Resolution 2003 -53 — Proposed
amendment to the Land Development Code of the Town of Marana, by amending TITLE
5 ZONING, establishing the R -10, R -12, R -20, R -80 and RD -180 districts and accompanying
development regulations; by modifying and adding Development Standards in all the
residential districts; defining permitted, accessory, conditional, temporary and prohibited uses;
and changing TITLE 8 BUILDING CODE to TITLE 8 GENERAL DEVELOPMENT
REGULATIONS and adding provisions to allow an increase to building heights by Town
Council approval in TITLE 8, to the Land Development Code and, declaring Titles 5 and 8
as amended a public record.
DISCUSSION:
The proposed amendments, attached, represent continued work on updating the Land
Development Code. With the beginning of development occurring within the Northwest
Marana Area Plan, staff has identified several concerns and issues related to developing
under the Area Plan and the traditional zoning designation of R-6 through R -16. In addition
staff was directed by the Town Council to codify within the Land Development Code a
process to increase building heights in the residential zones, with Council approval. This
basically is a re -write of the current ordinance and therefore has not been presented in a delete
and change format.
The proposed amendments to Title 5 — Zoning will provide a much clearer and more
consistent set of development standards. Each zoning district contains seven sections, which
are: Purpose, Permitted Uses, Accessory Uses, Conditional Uses, Temporary Uses, Prohibited
Uses and Property Development Standards. We are proposing a more complete list of the
specific types of uses that can be considered in each of the zoning districts. The proposed
amendments to the Properly Development Standards will provide greater flexibility in
developing in the traditional zoning districts and provide Marana with a better built
community. Title 8 — General Development Regulations addresses the Town Councils
direction to provide a process to allow single - family homes to exceed the building height
limitation, subject to review and approval by the Town Council
During the development of the Northwest Marana Area Plan many planning techniques were
recommended to create better neighborhoods that enhance the community. Staff has
addressed the limitation of the traditional zoning districts which either do not allow or will not
meet the objectives of the Area Plan. For example, the Area Plan requires that houses be
provided with staggered setbacks to provide enhanced streetscapes. Currently under the
residential zoning districts the houses would only be allowed to increase the front setback to
achieve the necessary staggering. Within some of the smaller districts, R -6, R -7, and R -8, with
the front and rear setbacks being twenty feet the building envelope did not provide the
builders with the ability to provide the typical product on the lot and meet the town's desire to
have varying setbacks. What staff is proposing is the ability to reduce the twenty foot setback
to sixteen feet, with an increased rear yard setback of one foot for each foot reduced in the
front. This will allow for the varying streetscapes and will not result in the increase of the
developed area on an individual lot.
The other major changes are as follows:
• Creating a consistent format and a comprehensive style that includes permitted uses,
accessory uses, conditional uses, temporary uses, and property development standards.
• Added additional zoning designations that will address potential future annexation area,
and provide the ability to have more diverse projects within the town using traditional
zoning classifications. These are the R -10, R -12, R -20, R -80 and the RD -180. For
example the RD -180 is equivalent to Pima County's RH (Rural Homestead) district, so
when an area zoned RH in the County is annexed to the Town we would translate the
zoning to the RD -180 and eliminate potential inconsistencies.
• Provided basic property development requirements and design standards to ensure that
minimum requirements will be met, but provides for the flexibility in site layout and
design.
• Addressed the Town Councils direction to provide the ability to increase building
height, subject to review and approval by the Town Council
Many of the changes that have been proposed in the draft are to further enhance and
provide specific direction regarding what the Town of Marana is expecting when
developing property within its boundary. In addition to providing a more comprehensive
code, having it become more user - friendly and more through, the changes represent an
improved level of detail for the Town to review future subdivisions and residential
developments against.
At the April 30 the public hearing before the Planning Commission on this proposed
amendment they recommended unanimously approval with some modifications that have
been included in the "Draft" presented to you tonight. These are like having "Churches,
synagogues, and other places of worship" changed from Conditional to Permitted uses and
allowing bed and breakfast to be conditional in R -10 and above.
Town Staff has revised and amended TITLES 5 and 8 and with unanimous support from the
Planning Commission recommend that the amendments presented be approved. Attached is
the recommended TTTLES 5 and 8, as amended by staff and Planning Commission.
RECOMMENDATION:
Town Staff has revised and amended TITLES 5 and 8 and with unanimous support from the
Planning Commission recommend that the amendments presented be approved. Attached is
the recommended TITLES 5 and 8, as amended by staff and Planning Commission.
SUGGESTED MOTION:
I move to approve Ordinance 2003.10 and Resolution 2003 -53 declaring Title 5 amended a
public record.
E
r
PLAA 1200310: 55 AM
I;
MARANA ORDINANCE NO. 2003.10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING TITLES 5, ZONING, AND 8, GENERAL DEVELOPMENT
REGULATIONS, OF THE MARANA LAND DEVELOPMENT CODE; ESTABLISHING THE
R -10, R -12, R -20, R -80 AND RD -180 DISTRICTS AND ACCOMPANYING DEVELOPMENT
REGULATIONS; MODIFYING AND ADDING DEVELOPMENT STANDARDS IN ALL THE
RESIDENTIAL DISTRICTS; DEFINING PERMITTED, ACCESSORY, CONDITIONAL,
TEMPORARY AND PROHIBITED USES; CHANGING TITLE 8 BUILDING CODE TO TITLE
8 GENERAL DEVELOPMENT REGULATIONS; ADDING PROVISIONS TO ALLOW AN
INCREASE TO BUILDING HEIGHTS BY TOWN COUNCIL APPROVAL IN TITLE 8; AND
REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF
MARANA IN CONFLICT THEREWITH.
WHEREAS, the Mayor and Council of the Town of Marana did, on May 14, 1984, approve
Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code ") for the Town of
Marana; and
WHEREAS, the Mayor and Council have amended the Code from time to time; and
WHEREAS, the Code contains Titles 5 — Zoning and 8 General Development Regulations,
which respectively provide regulations for developing properties within the Town of Marana and
providing the applicable development regulations; and
WHEREAS, the Marana Planning Commission held a public hearing on a request to amend
Titles 5 and 8 of the Code on April 30, 2003, and its members voted to recommend approval of the
proposed amendments to the Town Council by a unanimous vote; and
WHEREAS, the Town Council held a public hearing on the request to amend Titles 5 and 8
of the Code on May 20, 2003, to obtain input from town staff and the public on the proposed
amendments; and
WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the
best interests of the residents and the businesses of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1: Titles 5 and 8 of the Marana Land Development Code are hereby amended by
deleting the existing text for the residential zoning districts, adding Section 8.05 Building Height
Marana Ordinance No. 2003.10
Page 1 of 2
Increase and substituting therefor that certain document entitled "Titles 5 — Zoning and 8 — General
Development Regulations of the Marana Land Development Code," three copies of which are on file
in the office of the Town Clerk of the Town of Marana, Arizona, having been declared a public
record by adoption of Resolution 2003 -53.
Section 2: Titles 5 and 8 of the Marana Land Development Code are hereby amended by
adding the new text as presented by Staff and the Planning Commission.
Section 3: The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code.
Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions of t he C ouncil i n c onflict w ith t he p rovisions o f t his O rdinance a re h ereby r epealed,
effective as of the effective date of this Ordinance.
Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of May, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Hochuh & Benavidez, P.C.
As Town Attorney and not personally
Maram Ordinance No. 2003.10
Page 2 of 2
•
MARANA RESOLUTION NO. 2003-53
A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC
RECORD, THAT CERTAIN DOCUMENT ENTITLED "TITLES 5 — ZONING AND 8 —
GENERAL DEVELOPMENT REGULATIONS OF THE MARANA LAND DEVELOPMENT
CODE," THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK.
BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain
document entitled "Titles 5 — Zoning and 8 — General Development Regulations of the Marana Land
Development Code," three copies of which are on file in the office of the Town Clerk, is hereby
declared to be a public record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of May, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Hochuh & Benavidez, P.C.
As Town Attorney
and not personally
Mama, Arizona Resolution No. 2003 -53 Page 1 of I
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
4. An application for building height increase shall not be deemed to have been filed
or properly submitted until all of the above listed requirements have been
complied with. The Planning Director shall determine compliance.
5. Consideration of an application for building height increase by the Town Council
and action thereon shall take place in a public meeting, but may be on the
consent portion of the agenda or where a preliminary plat is pending in
coniunction with the approval of the preliminary plat.
6. The procedure for approval, or denial of building height increase applications
shall be as follows:
The Town Council shall approve, or deny applications for building height increase
pursuant to the provisions of this chapter. Upon receipt of a recommendation on
an application for building height increase from planning staff, the Planning
Director shall take the necessary action to add the application to the agenda of
the next available regular meeting of the Town Council, or included the request
with the proposed preliminary plat review, whereupon the Town Council shall
consider he proposed building height increase application. °0 either approve °r "y
May 20, 2003
Item IX. B. 2
Per Jim DeGrood, additional information will be given to
Council on this item at the Council meeting.
TOWN COUNCIL TOWN
MEETING OF
INFORMATION' MARANA
DATE: May `20, 2003
AGENDA ITEM: IX. B. 2
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: Resolution No. 200342: San Lucas Preliminary Block Plat: An application for approval of
a Preliminary Block Plat for a 291.97 acre Master Planned Development located east of 1-10,
north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East,
and Township 11 South.
DISCUSSION: This item was scheduled before Mayor and Council on May 6, 2003, and was moved to this
meeting for further consideration. This application was heard by the Marana Planning
Commission on February 26, 2003, and a recommendation for approval was sent to Town
Council.
The application, from BCIF Group, is to develop approximately 291.97 acres of vacant land
known as San Lucas to single family 'residences, with some office and commercial uses.
This request is to construct a variety of housing types that will be integrated with common
open space, and natural buffers. The applicant is proposing to provide a mix of lots in the R-
6, R -7 and R -8 zoning designations, within Blocks 2 through 9, and 11- and 12, to
accommodate single family residential development. The applicant is also providing areas
for retail commercial and professional offices in the VC and CO zones, within Blocks I and
10.
General Plan:
A General Plan Amendment for the San Lucas Property (GPA- 99105) was passed by
Ordinance No. 2000.12 and, with that amendment; this block plat is in compliance with the
Town of Marana General Plan. The General Plan Update, approved by Town Council and
ratified by election, designates this area as "Medium` density residential" and "Corridor
Commerce ".
Northwest Marana Area Plan:
This project is in the Interstate' East Area designated by the Northwest Marana Area Plan.
Residential uses combined with appropriate commercial and professional uses are anticipated
for this area.
Circulation:
The on site circulation is proposed to consist of Cochie Canyon Trail, renamed to "Marana
Road ", and being improved to a collector street bisecting the project site. The tentative plat
also includes an extension of Postvale along the eastern boundary of the project site. The
local street system will be interconnected between the identified pods, to provide limited
access points on Marana Road.
In: satisfaction of the approved Development Agreement, the Developer shall dedicate land
and cause to be constructed a graded chip seal paved road, extending Postvale Road north
along the east property line to meet Marana Road within the project.
The developer has agreed to provide an improved, four -lane railroad crossing at Marana Road,
from the existing terminus east across the I -10 Frontage Road and the Union Pacific Railroad
tracks, continuing east to connect to the Marana Road Extension.
Comments from ADOT have generated a series of meetings culminating in an "agreement in
principle" between ADOT, the Town, and BCIF Group, regarding improvements to the
intersection of Marana Road and the east side Freeway ramps and frontage road. The details
of the agreement will be memorialized in an amendment to the approved Development
Agreement.
Railroad:
The site is impacted by the existing Union Pacific Railroad, located parallel to the I -10
interstate,' which limits the accessibility to the site as well as a potential noise generator for
the future residents. Staff has recommended that the appropriate disclosure be provided to
the potential buyers regarding the impacts caused by the railroad operation. This disclosure
shall discuss the potential impacts and what mitigations the project is proposing to address
the concerns. These issues should address, but not be limited to, Noise, Limitations on
Crossings, Safety Signals and Crossing Arms. This disclosure will be required on all final
development plats within the project.
Schools:
The Developer has made available a school site per the approved Development Agreement,
and Rezoning Condition #10. This site will be located in the south - central portion of the
property within Block 7. It is a 10 acre site which will be deeded to a non - profit community
trust for education or park and recreation purposes. In the event the school site is not sold to
the State or deeded to the School District within twenty -five years, said land will revert to
park and recreation purposes to be used by the Town of Marana for Public Recreational
purposes..;
Parks and Recreation:
The applicant has agreed to construct a linear public trail within the 160 foot right of way
of Marana Road, traversing the property from east to west, including a 14 -foot minimum
width asphalt paved walk, pedestrian benches, and irrigated landscaping. There will also be
a linear private trail within the area designated as riparian area, traversing the property from
east to west, including a natural, winding trail surfaced with stabilized soil or decomposed
granite. The Developer shall dedicate and deed to the Town a minimum of thirteen and <one -
half developable acres located in the southwest corner of the property fora public park site.
The ark and recreational facilities shall be sub ect to a royal b 'the Town Parks and
Recreation Director. In addition to the public park site, each platted block shall provide not
less than 185 square feet per unit of developed recreational space.
Archaeological
Both the Arizona State Museum and the Tohono O'odham Nation request the preservation
of site AZ AA: 12:646 due to the presence of artifacts and possible human remains. It is a
large Hohokam habitation site with extensive subsurface cultural features including burials.
Due to the burial remains of Hohokam natives, it is regarded as a Traditional Cultural Place
and Sacred Site by the Tohono O'odham Nation.
The Arizona State Museum has accepted the treatment plan described by Eric Klucas, PhD
in his report titled "Archaeological Testing at Four Sites within the San Lucas Estates
Property, Marana, Arizona ", and the Developer has agreed to execute that plan. Another
site, AZ AA: 12:687, shall be monitored during ground disturbance.
Sewer:
The Preliminary Block Plat has been conditionally approved by Pima County Wastewater.
Work will continue between the Developer and Pima. County Wastewater to develop an
appropriate sewer plan for this project.
RECOMMENDATION:
The Planning & Zoning Commission and Planning Staff recommend approval of the San Lucas
Preliminary Block Plat
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -42.
MARANA RESOLUTION NO. 2003-42
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA,
ARIZONA APPROVING THE SAN LUCAS PRELIMINARY BLOCK PLAT CONSISTING
OF BLOCKS 1 THROUGH 12 AND COMMON AREAS "A" AND "B" ON A 291.97 -ACRE
PARCEL LOCATED EAST OF I -10, NORTH OF ADONIS ROAD, AND WEST OF THE CAP
CANAL, IN A PORTION OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 11 EAST.
WHEREAS, the Town of Marana approved and adopted the rezoning on the subject
property December 19, 2000 by Ordinance No. 2000.12; and
WHEREAS, BCIF Group is the owner of the property located east of I -10, north of
Adonis Road, and west of the CAP Canal in a portion of Section 22, Township 11 South, and
Range 11 East, and has applied to the Town of Marana for approval of a Preliminary Block Plat
for 12 Blocks and Common areas "A" and "B "; and
WHEREAS, the Preliminary Block Plat was presented to the Marana Planning
Commission on February 26, 2003 and the Planning Commission recommended that the Town
Council approve the Preliminary Block Plat; and
WHEREAS, the Marana Town Council has heard from the representative(s) of the
owners, staff, and members of the public at the regular Town Council meeting held May 6, 2003,
and has determined that the Preliminary Block Plat for San Lucas should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the San Lucas Preliminary Block Plat, submitted by BCIF Group for a 12
Blocks, and Common Areas "A" and `B" located east of I -10, north of Adonis Road, and west of
the CAP Canal, in a portion of Section 22, Township 11 South and Range 11 East is hereby
approved.
Marano Resolution No. 2003 -42 Page 1 of 2
r
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
. this 20th day of May 2003.
ATTEST: Mayor BOBBY SUTTON JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Hochuli & Benavidez, P.C.
As Town Attorney
and not personally
Marana Resolution No. 2003 -42 Page 2 of 2
TOWN COUNCIL TOWN
• MEETING OF
INFORMATION MARANA
DATE: May 20, 2003
AGENDA ITEM: IX.B.2
TO: Mayor and Council
FROM: James R. DeGrood, P.E., Development Services Administrator
SUBJECT: Supplemental Materials for San Lucas Preliminary Block Plat
DISCUSSION: The San Lucas Preliminary Block Plat was continued at the last meeting to allow for
further review of the access alternatives to the subdivision, and to the region in the event
of a rail related emergency which resulted in the obstruction of the Cochie Canyon
crossing of the Union Pacific, and the potential for an area —wide evacuation.
At present several existing neighborhoods (Adonis and Amole Circle) are served by the
existing Corenty Drive Railroad crossing. This is the only public access into these
neighborhoods, and was the site of a recent railroad related fatality accident. The existing
railroad crossing is approached from the south by a roadway which parallels the railroad,
then crossing abruptly at a 90 degree angle. This condition results in the potential for
trains approaching the railroad crossing in the same direction as vehicles wishing to cross
the tracks. The tracks are controlled with train actuated gates. The Interstate 10 frontage
road at this location is two way, but the southbound lane is discontinued at the Patton Lane
private railroad crossing, south of the Adonis neighborhood. The Patton Lane private
crossing is physically accessible to the Adonis neighborhood, by way of an unpaved farm
maintenance road at this time, but is subject to closure by the landowner. A gate at this
location presently exists.
In response to a concern raised about the ability to evacuate the area in an emergency
expressed by several Councilmembers, the San Lucas Preliminary Block Plat was
recommended to be continued prior to the last meeting, in order to allow for the
investigation of alternative access. Since that meeting date, I have identified a fairly
straightforward route that uses Owl Head Ranch Road, Grand Valley Drive, Way Out
Road and Missile Base Road. Missile Base Road is paved and maintained by Pinal
County. Way Out and Grand Valley Drive are dirt roads which are routinely graded by
Pinal County.
In order to confirm the viability of this route, I drove the roads on two occasions; first in a
sport utility vehicle and then with Councilmember Blake in a 1992 Mazda Miata. The
length of the route from the east end of San Lucas to the intersection of Missile Base and
Way Out Roads is 7 miles, and was easily driven in both vehicles in approximately 15
minutes. This, in my opinion represents a viable alternative access route in the event of an
emergency which may require evacuation from the area.
•
PW /JRD/DMH/12 /14/99
The San Lucas Development Agreement requires the paving of Postvale Road, between
• the Adonis Subdivision and San Lucas, prior to the first occupancy of a unit in San Lucas.
This will provide the identified evacuation access to the existing community, as well as a
second access to the future roadways which will extend southerly.
Staff has been working with landowners south of the Adonis community to develop a
roadway connection to Tangerine Road. The La Mirage development agreement requires
participation in this road, and the other major landowners have been in discussion with the
town to develop this route. Staff supports this concept.
RECOMMENDATION:
Staff recommends the development of a formal evacuation plan for the area, to be made
available to law enforcement and emergency services providers. Staff further recommends that
the formation of an improvement district for the development of a roadway south of the Adonis
neighborhood, connecting to Tangerine Road be pursued, in accordance with the Town's
Master Transportation Plan
SUGGESTED MOTION:
I Move we approve Resolution 2003 -42, and further direct staff to prepare a formal evacuation
• plan for the area between the Railroad Tracks and the CAP canal and pursue the development
of a road to connect the area to Tangerine Road.
•
PW /JRD/DMH/12 /14/99
5
O O W V Cn U) A W N p O] V rn N A W N
DN >CP O VIZ C D C Z CD-1D ¢, W— 0 C7�D�O0 WO DrA2 mDO C'lOO NO ZnW W -+X7nW D -1 DOW A X7-1
r ZD0 .Zml; q p�rr" .➢�AmS fp R Gm')Or Z(n/1n ZNZ mio Omor OM> COT 8 0A 6> <D Dm ➢ e O 'O f mN1� 12 N2 m
>mm c-lOA O r Z2 ^S M59 �OV� 5p z�p AiVm � O?CO n -�Z MO b n �D =mr oU'N ZAM Z ; r 0 0 ZAP W � �G� M ZUD7 ZAf�*7 W 1rD m m C Z p�m - G)m ,➢�O�Om ZOO �"� ilAm rnm gNm =0 G)NZZO .yD Axzm Z - N j0 00
C p nCp r,Q 0 " Omm Z0 Z m Z D,D .2 �OWm m0� m ZA m W -1 m- = r O �r�*� to D Z U)
r+7� r nZ TmZ� f m / -)Dm U) m > > q n �O• -rZ� p.Zy Z�' -�Vi O �D 03` fn Xr. f_Ir Omm N� y V yr O (7) ND r
S X7 V70 X) W O D D_ 'O D� --(( r D �< �R Z - O Z
02 c X _ ppZ m O 0� < ZDVI p
W O_ Op n2 D� 2 c -(2D ft 8qZ ;0 Zp WQOOp r p�OTN ZZ Z C) o➢ O� WD Om. � DA Z= N m 0
-<p SR i N *l m 002 r*1ZNc > App Nam AV'j �OZ D ➢ X70 aZ CO DO r0 o��mC) Sm m m$OD DN Z O➢ R y l
( ) 2 2 7C p m -I VV77 '^ 'n IT� c� ul C n Z O yl m r •° v c r
�0 �- to -a 20 (� W Zp ➢C ➢Z--11 S m = O ; ZAW �m r*f O W 2Z� G) pp D ➢ rM+ p➢ 'r
m 0 .2 N" ppOZ r� Dl�7 DA ZOM0 mmmgg D n m 5Z - Z / �mOn_p Z 2 ZZO-
-11 m0 a o V ,.,���� ZW iMZ �v�mVl AN DZmZ 0,02 m� 0 �V) li 0-2-yy0 p W SOS ZA 0 O
g Z mD V mZ�cl OZNO nD NNW A� a0� Cm O�D� >2N n OA C >O W 0 m C7 m
•pZ D � WO m WZ Om O >,, D (A mZr .y MW 'Om DO m \ ;rA m rn Cm m < cC
y r X-< D n fit m -< 'O - to Z O r Z r A' r' A Z f�l
r- (7 WO I And p m0 C)W Wy - r 0 +7 2.0 0� 2 m Z V � Om0 � � r
y m W n �� CL-11 2b x O's - + p m :m m i < m V) <O r r, 7 C < -0 p m -ap m O
ZN r0 2m= m ;C� D> nZtn 0f70DV O ;n8, 0D0 m rut 0 =fit ul ��r*lm 5 ~ -ids �c? A_ M
Dx - IpD 0 =X7A - ' 1 -irk VIm C "m OZ-IO X7Z C N OOO O N O !n '12A A Z
Zm - mi0 mZr N'+7D; M D0 mZOE Z DAM cmo O m 2 O N 8 O y 0 m
➢ X7 Sp W g2zm O R - i > OZO < O Z X0 0 20 ' m' 0 2 0 D ..� N mZ p N
mm MM DOm Art To ZW 0: > vp DS_ N+lp m. m0 Zy Z 00t! O v min , I
D Z 1 U70 Wm nm m�C m O08 D O m G>-4 N�W� N ➢ X7 pp of
+ C ;X7 p m < MW ➢U7 *0 pm ma0 mZZ �A m ! > > D r mD➢ ocm
p� Zm r ZV7 m i �n -n 0 Df* n m AD I u)SZm r CDD nlp Ip N
ZO Z I 2Zm �m2 ZS �p m =mm>= V)X r {m mm0 Z �> OZ �z r ,I z OZ J D
bx ➢0 )+�1v �� X070 �W Af � �� b OD O Z ➢ 0 z + Z m � 2 X7
0 -4 .n co p "C � m 0> Z Z -+ ')' m Z X m D b O m
-C = M Z -i 0 N O y om m N Z r W
O Z O to Z U) A N N
N N N N N N
00 mZ2 Dmp m2 00= DC)p0 D3�
UU z O m o z D
CA'<V) PD Om OZOZ OZUI
m A� 2,0 0. 2ZX m0MC oZP Sp\ OZF
! rmmm AO ON C ��Nn mNW 2t'iA / / J / .ZZ NO
�D ➢ � Ot - -10 pm�Z f n0 /'/ % ,�,/ �� W
-�O Z D 2X7- OA ;rn c7m
DNm Wm �rn LW �Z �Nr y0 �5 WMIO'1 O 0 / / / O PO
Dp z� m O O 0 •���2 OfX7
Wm ` / j D
M �N
p 2fn- D X7 ➢ m
Cf rDD h 'O
Z O D = 0 r Z 1 N m ➢ 2 - iZ m
OZ�DW r0 � - 1 r ZO p0 N //
z
-M! NO Or Z& O88Z yC - N -
/ U U B D I ViDED
Z jm Dr 0 4 m m <Z S M • - C _______ ,p /'`.'
D W // /
D �m ;CO3 - I p �7�zN o 0 , (AG) I
O M-40 D "{ 0 m < 0 ,Z � / 07 UNSUBDIVIDED
mS Wta m
ZCOO ---1 m m? xON 4m 2 / / AZ
�mC Dm r m�} mOOy �`w / I X N OS
Mr Zm r O N W OO/ Q _
Z Zo ai wm Zen �Z N / �2/ �!
p DX o O
Z m{ 0 0 czr MO W "I C Nxl
Z o . 2 - i o n „2 N M O A / o` ,,�1 z n
m.�m r W > CA N DA _ f / .�/ C W n
x� m n Z �/ 0 p v
0 v can)
0
0 0 o O
A.' o C7 z
N N ,
C
r / r <
O . D . _ O N .+ O f0 CO V W Vt :11 W N x f / Z 0 o
f N D VN ` DA: m
w o o L \ ;' X(A� D0 N
it W ^' A cm A X7 m r N O m fl Z � 0 0�� m -
A O m r V1D fT1 mr p C.• " x,,7D' - D_
Cu Z Z r 1 I X7 X7 0 p X7 p X7 M p p X7 -I D O 0 O
m a
< x o j' <. '
D S O I I p 1 1 1 I 1 I I I n g 0 - { 2:Z ,qua Z
O V) A A W W 07 V W V W W V W D C D )= X7 VI _ p�
Cu D R7 V7 = � Y =_ -
0 W V) 2 ti Rl GSbi•, W W rn
D m W--ii q / ` - C7 n
Z N N X
Z VJ __ r - ' •__ - X
0 o w u v o m o ao of v a a a?> O 0 "- `- a w ZZ
D O m 0 ? (7a OD O) t0 o T w O) ? t •� Z R7 ,'0 V) �'S' v -
W O V OD A O� O) Oo p tp W W W y x fr/l m i ,W —' A
0
IV '•' � t" (7 '
.` O ti
0 -1
w �� X x ZZ
M C
gA 1 m
m0 [-
m
_ .__ ___ n ______________
o W
2 Z s > C I N NZ m
A 4 X7 A C7 A WpN
f
'�, �'«''e`o #._ �, 3 ,..A . � � # "•'u: a _ }'.gyp r :: � '� �. �.
i7+
y
M
i
I
�' � ��,.; � t �,'» b f � Et �,. :`� ° • � �. S » -; � a 3 w '�' a gyp. f � �� ,, �
a
LAJ ` Elis3,
J � Y .• O B w �,
Zo_8
_ e�f
� Ow
w p � �' mto !' O ro ? ^ - ro aoa
I � _•� a o /j�'1 -- a ORlt+dNVS oz
N cN' W '� W N w
_U LL f/ ` 1 ��I/1Z I UO WLJ 1 - °�'
F
�11h� 3: X>> oo oin{zI�1l — ,� N�maW
zz - 0 v N CR � b 133HS 33S ^ �,� z�k, W
N� Q
��a� t<» Sao ~ z.. v
ws
N
f SC
/L — '�.� r
of 00
wi
m z
� J4 C1141
( U\ N X // I
-° h' C R ° \I _ �y o vv o O
•\'4 'r {t1 t0 N -,//( ^ ^ • apps.
w V L L J W a
z � / •` �Nzz O. 6 co WW Nz J
g > >z ` J ` , L/ - ^viz co
/�W ` '1 ; !••'l \,.� / �'g r � W ct � e z �..� Fs+. a o �\/ i 1 11 0
LL
Et a
V
a v, .g gy p• d ' O x�3
Z � /
Q ` ` 6 I+t V t zl — t v ry e` s `l•�p !ci /. // �/ ( ` ye
w 8 ` \� /\ �'�((1 1 p �. ✓ _ -"a a '� • / •' /� d 0 %
z o o 0
sk1099 v
��Q W
.. Z M f � rj;� j ' � � '� � tL t� to / � `� O O� i/, j �/• / /// � � s!c d' (w/)
fl +,h S N — U n 1 t l lf �\ % ' / / / �.\ r /,•� /l` //// / /✓ �� �tiy \\�
LLJ
N t'. �-o Z 6 � Al
\� I ° o m �(
I } .:�..•''� a N z\ / / �� S // �/ / / �� Z
���
/ gyp o I, o ° ?7•R, i' o+ /' / , • \ J
y (f L N K /CP°�p n R,��. /• � / oJ
`
/
O a \ •• $c I 1
9£9Z M
O O ] %//"
l ♦ Ny ( 1r) Q'' 0. a' ~ LL Vl '
04 mow= I X oo'a X oP�
\UWNU
3 z \'`O, O
z `!� ° /• o biro. I '�, Q J '., ,, % / /// , Y ice/ i/
el
SEE SHEET 2
,
9•
-�Z
co
n
N O o m q
Z A` y CCC r / / � � ..'Sr' +
A
rn 00
/ p o
o P /� �i //O // / / / A y /�•° < fi � `{ fn nl SP CC
/ m m /\
If
A•
z o/ o x b i r �- N !
9i� i. / A mo fro D Nm
\ o _0 j o
/ / 0�1
y� OD z �•
Al
N
2
` A
O' er
/ TZ� N� CANT DA
y� O iv r' A Z MZ A D _l / / N
r �r ao m m m ° � ° r z� l ` �'
/ R � A COO = U
v m U) r
O OO mD C: W ` I �
I ~ Z C) I
D 0
OD z z )
r D to
O � ° i p
�• / u v e / «x Z -n
t2 m
A p f /
wODO
u
IN
D� W-iz
c� �n
CO r —� m , co
4
(J] n a z o n o D D /
Z /
\ y c o m m
-- �- - - jam' «�_�! �V,O,r - - -- -- -- —f - a co
00 y Dm A NA� V
\ / oil) DmD o 0) 1
V '
rn
y a
D ;
r , m
C, �.` .'! ♦ hx{v: r :: ? y, � J q k' ` � `S•. 4 �• ,� F ' uN� U^1i ''{ 1:C� ' }
n
� -'" < �, .` ,� - $ M e ; ..,,;•,. "' Cam:.: �' 'j'� "�' .. +° �� '�:'.. { F ?z'k` al�. �..
-
A
EE S EET : 6'
`4 Z
II 1
"3,' r ,-x• ..,Z W .�.
i,
;z
$"�
l Z
fi a ...r a, "a.z . .._: a . , "' ...3 y �;. -5: • . o .-. N r� Y co n
fA f/! I�IN NNN N
`s
N
> �ii�i �hrnrnrnhHrny »`
z��
�ri
... ii 1
s In
m o ,I
y Iv
o� Nz U 1 J \ � ° ate n
ul Z - A m 1 O• w 1yQ,1 z
.1 1 7 1 Z W •.fS. a W— r N Z },
_o I I N 1 ` Oman o}3
( N
oaa va
WU p n
4/ In/1 M W O W a n V) W W
v 1 n 1 to mXQw 2
wx ((j�
N �WKU OI-
OQQ Uln
W O
' ----------- �_ - -_- ----- -__ - -- + 1 1
rn
a Q g ^ 0 0
N a �6 ++
N N 0i m N / v°
Z 2
zo n6 * I oa) W w ai
- A O w n II 1 W Z
r1w ,a'n ?j
rj3 D rj3 fn �... l f z U
U �/ � w
W o�� I wo�z H 1� / SW
Qu
V) � •.j �, 1 3 t�
w
v i Q W o iL
xo° i Z •.
O = Q
cr
r nw Z N
-H I NI < Q o
Ld
C7 U a
n U
�i. W W/m ,S NU)Z
L J 1 3 3»
fn i T t '� d + i 2 ?
A,
� /J/✓ � � ,•' �
Ij
w H
LL
Off-
. I
N� \ I /w U 11
w
r
Q a
x o I ZI II Q \ r- - ter \� n w a9 f
ix
w MOB �I _� a � Q �J / } / \ 30 w S t`
�3 W 1 111 o
-l- Z Z
J
Uzi I PC
w a \' 1 —3F10 —3H0
N All
R o W
r ,ul W �/�
u on / y Q
LLI In
11 W cq
Z I z a / 1' UV Q�� I o � ll 1 /\ N
o x I �/ �`i J CO �� c� v �cr--` R i3
t Ln
z=
Q _ M .IZ .nz.o0 r� p c ti9
--------- - - - - -- -
N0I 03S a 3
mnn s� x 11 u $
0 off I I � o z w
r , 10 Z �O *Z II 0�m� 0 1 \n\, ' I I \ pi Z 2ZZ N
~ N 11 N I O / (( / /U/ II S/ / 4 • C
I 3 r O s., (•J J^ r J 1
~ w-�wwz am
U l �
Z 133HS 33S 2
w
I �
>
M I i
N �
I O / A • x
D N
5 NAM
A
J r
J
SHOULDER c
a o
o
N D A mr N N - oSZ ' ZA� N 0 K)
a Dr ➢ y A rn c�i°f
m p 22 Z A z . SHOULDER m
C 9fF m m ( �� V
G7 y r>
Z V
N 8 _ m
N SHOULDER o m = 4 w �.N7 m r+r
D �?
P 0
g .Z N m ^ Z
SEE SHEET 3 � o Z ` - r �
x MA
Vl m
m I 1� t l a" f �!! I � r °� n' Z D 8 w
� �U � w �• m
SHOULDER Q P
+
1 � �
�1 — , 4 r • n
o+ N
�- �O �A p 0O Cu
f l o
r r m
;o
_ / m
\ Z n c l N m 8
-n j r� D r � �
m w I '
j x A S �m /,o z
47
m
m r / Z
o �r
rn
_ 1
r j
�y o D ��
z
m (P
♦ 0 n o W
mQ J
m so•
OOO OOO A
m t r��
D 0 y N — D Ora m N Q7 0
Doi °' 0 m22m < o �o Z
0 1
Z m R 1:4 , m „ p y n Z A O Q m
z m D t A m 2 rM> -, � X r D"
IM z , vPv� 'a -r v
0 > 0 O
y f
CD W D
x«.2 m N C.U��D O, - .O T s= >>
va > S m m
o '
r •.P Vl 2 - ;.'z"�� .;. ! „D ,�.�±,.'^ ,,,„. � .: t9 F T ^r?�° e "s� `'s� .,,`' � •p - �`r
4�. q �, . �. '., l�j y Q. ;� h ,' 1 � � t� \': ���'' �+ ,4"F,a .� a.S`•,�:
Y'�
i �•
o C .
Fes;^ " T:.,. '� M �' Ztl � *Z l£l� - in r " '"x*�;°R.r:�>a " N � o � ��; •.� �,�`t- �t
3fi�.q �� �t ; �;?S .a':tv s•�d�9 �:f'.,A w� y ` '�
�• , (apoa �n avo sod w
-
Oail _ Zi6
3. �
m
\ 'r� � o � a vly 1 9 �r ✓ N
Wa1=N i z2 on
N X + ° o tr
LJ
\ y
Z o I W i
li3.W I / / -z / a.
LIJ
A 00 U / m A �/ SSS
O / 00 Q
Q Z
1 (� I I W 4 i
N f`
rl rn Y
b
O W < 09 a10
LU
uj
l t a ),
3 W vl / m I // d LLJ
O- \ ••� ' W �• J /
O U f "ll i L ! / ow
� C
} �
W 1
m r-
X F- O /
Z arQ n
z b 'wa »3N
m�Z w °yZ
*M \ \ r��3 ° nw li z
a W
9
NO 10
Z"
h a 6a li Z y.
�",
nn O = 0 3
Iz M� vM 0O
\ �m
z z t + a 4 n • • ^ � � .� w
W z o 0) ` !
LLJ 1 ' p 0: C J Z ^� M. ,ZZ.00 CL l a c
n UQ J 7 z� �'z —
/ O Wrn
1
In LAJ V)
Li
l/� o
WwQ V/ � N
11) 0 0
Or, o
CN
Nq
WA
0 \ c
Z'LL
��'�•o•zs'a clJJ o• O
£ 133HS 33S
1
ND
OCDil
n I f
z , r 1 I
' I o" o P1+ I I o x I D m / o0
If A I O I In D rn
n W I N I Z 'y I z z
I I I m
O U I . 0 I M
1 I I 1 J M
z
{ / > o `2A D
_ O
R { Xr •. m
• f' SS t A -aO < 0 {O {} W 2. i M v D O D� IN O
O = 71� o m m A N A� u! �C) o �Iczi x o 0
l i t mO N
N Z A r-.1 Z }
m y m rn (n > 00 IN C p SHOULDER o
C7 r I u n v r r� _ o r y GG D -
> 9 (� I (n 1 °d
Z > > < N v! T c-- oR
= a... r*� D D b
_ fn 1 D O mm
m n I z OD r� 0 r a ,� � � o c� D z o m n nD a q
m N ZD
° z O 1 rn$ D n'1 Z -�
N Z to .�. A / J0 m AAA* N V O ' p �2II Z D r.!
Z I I rA O n / y MULTI -PURP _ _+' Z :U mm
I n > 0 ao z O LANE
r 1 m n 'o m O O {{ rA v •m�
m O N D Z IN D D J t m r y
I < A O � N � r — N CO M � I � ml vO tnD m 8D A ; r
D SHOULDER c m In ' m r (Al m N C� A mj A O
r-� J m m IT) r'� I_ m Mm r
U � N n n D -4 : A n or, N DD N m
n a D mG� r WO D D mr5* co
A � m r�* n; I ` O z No zo n r w 4
I _ cD 1 N J
z D Z r
D Z 1 1 N N D� J M C �af izi
r i m y oj5 D -rAmzm I -i t: n m r' . z m�
m I m �� 6 >mNm � { � W MULTI -PURP ° � Z °
D O dm [[A 1 1 1 1 rparN 1 j n LANE o SHOULDER of
m C !�
A ► y I I / aN °'g 0 � ° v I 1 c o
D Z 'I N NmON S mo i zoo N
u m — r — .z
z co
$ m� C�1 W v O \ ZyD m, m
o � mg 1 m iN n r J r I do M ; , 1 1 { fix Dm {`: I r z � A (A A 8 C: G
z D SHOULDER --
N o W r
ee ° n °� a - -- --
oc
u 1s O c
C', I �JS O ." m
11 _ I ffffff m
m z r
A ou m I y u A
L I m 1� 1 0 ��_
C!F I fA N I m O'nm» N r y �=
n r
D= I �D I+1 I / Cn D �= D
D II A C Z
y Z I v p n rn N v D Z m
° A r I N Z O �' r n� a z 4 °
m I m Z I
Z D z
n a o rn 0 n m rn O
M b� o u Dr 'u vD in o
m „� 1 O N T� m r w
m m
D Z �I N N
N H W O m
4 I D Z c rn N a m N
; D D Ib U
- O M A m A O1
s� 1j1 { max z I A n o zz c
o -4 Z z O z <
'
O O p 4 �1 0 O Z ' O
+a -u O i O p N Zy D C o
u m - , z o te
�Zr G z
C OD ;o m 11 o z � D
cC�� �$ ° �.
y O \ 1 uNoow D�< D
kQS m D c O
a o
C m x CZ.,.
a
y
_ `. AM
4
0
A M 4
f --- N
C)
f
r
Z
TOWN OF MARANA PLANNING DEPARTMENT
3696 W. Orange Grove, Tucson, Arizona 85741
MARAN
C �/ APPLICATION FOR SUBDIVISION PLAT REVIEW
TOWN Of MARANA
Project Location: T -11 -S R - 11 - E, Section 22
Property Location Description: _A portion of Section 22, T -11 -S, R -11 -E
Town of Marana
Assessor's Parcel Number and Legal Description: 217 -29- 0020,217 -27 -002x, 002.7, 0028
_0027.
Existing Use of Property: vacant
REQUEST: SUBDIVISION NAME:
Preliminary Plat Block Pla X San Lucas
Final Plat PRESENT ZONING:
Amended Plat VC , R - 6 , R - 7 , R -8 , C0 , R - 144
Resubdivision GENERAL PLAN DESIGNATION:
Reversion To Acreage vC , R -6 , R -7 , R08 , C0 . R -144
Acres: 291.97 Total m of Lots: N/A
0 Applican Interest: Own ❑ Lease ❑ In Escrow ❑ Option to Buy
Name of Applicant: MMLA, Inc.
Applicant Address: 800 E. Wetmore, Suite 110, Tucson, AZ. 85719
Contact Person: Pattie Davis Phone: 292 -2300
B� =F FAX 292 -1290
Name of Property Owner: Group, LLC.
Address of Property Owner: 6262 N Swan Road, Suite 125
Contact Person: Bob Zammit Phone: 529 -1330
FAX 529 -1312
Project Planner /Engineering Firm: MMLA, Inc.
Firm's Address: 800 E. Wetmore, Suite 110, Tucson, AZ. 85719
Contact Person: Pattie Davis Phone: 292 -2300
FAX: 292 -1290
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.
/eoBEaT P Z4^Yl -f r7` Hem
,Prin Name of ApplicantlAgent Si ature Date
t ,
H:\ PLANNING \FORMS \eEVPKG'd 999\PPRAPP99.DOC Page 4 of 7(Rev. 3 /7/00)
SUPPLEMENTAL SHEET
Type of Project: 1 Residential Ox Commercial Industrial Other
(explain)
Project Location: T -11 -S, R -11 -E, Section 22
Project Area: 12,718,213.2 sq. ft. acres
RESIDENTIAL Block Plat
Not Known Number Density 1 BR 2 BR 3+ BR
Apartments units RAC
Single Family Attached units RAC
Other units RAC
Parking: Total on -site: Ratio: per unit.
Garage: Carport: Open:
Open Space: sq. ft. /unit. Patios: sq. ft. Balconies: sq.ft.
Storage Areas: cu. ft./unit Total Building coverage
. NON - RESIDENTIAL Not known, Block Plat
Hours of Operation: a.m. to p.m. through
Number of Shifts: Employees /Shift: Total Employees:
Gross Floor Area: sq.ft. Existing: sq.ft. Proposed: sq.ft.
Parking Spaces: spaces Ratio: /sq. ft. or Employees
Seating Capacity: Number of Students /Children:
(if applicable) (When applicable)
Building Coverage: % Landscaping: % of the site
LIST RELATED CASES
CASE # FILE NAME/PROCESS
2.
3.
4.
5.
H:I PLANNING IFORMSIDEVPKG119991PPRAPP99.DOC Page 6 of 7(Rev. 317/00)
o ,
LOCATION MAP
FIT
-- PRV- 02074PP
1" AKAINA San Lucas Block Plat
TOWN OF MARANA
i
i
I
i
O
OH CPNw
i
San Lucas
HLI
-�
Request for approval of a Preliminary Block Plat
for a 291.97 acre Master Planned Area.
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: May 20, 2003
AGENDA ITEM: IX. B. 3
TO: Mayor and Council
FROM: James R. DeGrood, P.E., Development Services Administrator
SUBJECT: Resolution No. 2003 -41 Approval of Railroad Crossing Agreement with Union Pacific
Railroad for the improvement and relocation of the Cochie Canyon Trail railroad
crossing.
DISCUSSION: This item was originally scheduled for consideration, along with a concurrent item, the
San Lucas Preliminary Block Plat, before the Council on May 6, 2003. Both items were
rescheduled for hearing at tonight's meeting. Town staff has received a formal agreement
from the Union Pacific Railroad for the improvement and relocation of the Cochie Canyon
Trail railroad crossing. This agreement when executed, will allow the relocation of the
existing Cochie Canyon Trail at -grade railroad crossing to align the crossing with the
existing Interstate 10 "Marana" interchange. The reconstructed roadway will require new
crossing gates which will be sufficient to allow for an ultimate 4 4ane roadway crossing
without requiring future crossing reconstruction. This railroad crossing is being upgraded
at the request of BCIF Development in conjunction with their San Lucas project, and they
will substantially fund this improvement.
This crossing relocation is necessary to ensure that the San Lucas project constructs
adequate access to the proposed development, in a location which is consistent with the
long term transportation needs of the Town, ADOT and the railroad. This project will
also relocate the existing Adonis Road at -grade railroad crossing in favor of a connection
to the new Cochie Canyon Trail improvements. These connections will reduce the number
of at -grade railroad crossings in the town by one, and allow for the future conversion of
the I -10 frontage road to "one -way" with fewer people inconvenienced. Additionally, the
Adonis Road crossing was the site of a fatality rail/auto collision; the current crossing
requires that vehicles parallel the tracks as the approach the crossing, with a sharp turn as
they cross the tracks.
Staff supports this request in order to ensure that the long -term transportation
improvements necessary for the San Lucas project are installed by the developer, as well
as improve the overall safety and reduce the number of the at -grade railroad crossings in
the region.
Staff recommends that the Town Council approve this resolution and agreement,
RECOMMENDATION: as it will improve the overall safety and reduce the number of the at -grade railroad
crossings in the region.
SUGGESTED MOTION: I move to approve Resolution No. 2003-41.
JRD /12:52 PM/05114/2003
•
MARANA RESOLUTION NO. 2003-41
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A NEW PUBLIC ROAD CROSSING
DEVELOPER'S AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR COCHIE
CANYON TRAIL.
WHEREAS, the Union Pacific Railroad Company is responsible for the operation and
maintenance of the Adonis and Cochie Canyon Trail at -grade railroad crossings; and
WHEREAS, the BCIF Corporation desires to improve the at -grade railroad crossing; and
WHEREAS, the Town desires the reconstruction of the existing railroad crossing for Cochie
Canyon Trail to improve the safety to the public using this crossing and the Adonis crossing, as well
as a development proposed by BCIF Corporation; and
• WHEREAS, the Union Pacific Railroad has reviewed BCIF's roadway improvement
proposal and is prepared to authorize the construction of this project; and
WHEREAS, it is in the best interest of the citizens of the Town of Marana to relocate and
improve the geometry of the existing Railroad crossing, and consolidate this crossing with the
Adonis Road crossing.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town ofMarana,
Arizona, that the Mayor is authorized to execute a New Public Road Crossing Developer's
Agreement with Union Pacific Railroad Company.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of May, 2003.
Mayor Bobby Sutton, Jr.
ATTEST: APPROVED AS TO FORM:
• Jocelyn C. Bronson Hochuli & Benavidez, P.C.
Town Clerk As Town Attorney and not personally
Mme, Arizona xmolution No. 2003 -41 Page 1 of 1
Public Highway Crossing 08/13/01
Form Approved, AVP -Law UP Real Estate Folder No.: 2155 -44
`
Agreement Number
NEW PUBLIC HIGHWAY CROSSING
AGREEMENT
Trico Marana Road
Mile Post 361.66 - Gila Subdivision
Marana, Pima County, Arizona
THIS AGREEMENT is made and entered into as of the day of 200_
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation to be addressed at
Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102 (the "Railroad ") and (the) TOWN OF
NIAR.ANA, a municipal corporation of the State of Arizona to be addressed at Town Hall, 13251 North Lon Adams
Road, Marana, AZ 85653 (the "Political Body "),
RECITALS:
The Political Body desires to undertake as its project the construction of the new Trico Marana Road at-
grade public road crossing (hereinafter the "Project ").
The Political Body desires the right to use for the Project that portion of the right -of -way of the Railroad
located in Marana, Pima County, Arizona at Mile Post 361.66 on Railroad's Gila Subdivision (the "Crossing
Area ") shown on the prints, marked Exhibit A attached hereto and hereby made a part hereof.
• AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
ARTICLE 1 - RAILROAD GRANTS RIGHT
For and in consideration of the compensation to be paid by the Political Body as set forth in Article 2 and
in further consideration of the Political Body's agreement to perform and abide by the terms of this Agreement,
including Exhibits A, B, B -1 and C, attached hereto and hereby made a part hereof, the Railroad hereby grants to
the Political Body, the right to establish, construct, maintain, repair, renew, and use a public highway at grade over
and across the Crossing Area, together with the right of entry to control and remove from the Railroad's right -of -way
- on each side of the Crossing Area, the weeds and vegetation which may obstruct the view of motorists approaching
the Crossing Area to any trains that may also be approaching the Crossing Area.
ARTICLE 2 - COMPENSATION
In consideration of the rights granted herein, the Political Body hereby agrees to pay to the Railroad the sum
of NINE THOUSAND DOLLARS ($9,000.00), upon the execution and delivery of this Agreement.
ARTICLE 3 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. If the Political Body will be hiring a contractor or contractors to perform any work involving the
Project (including initial construction and any subsequent relocation or maintenance and repair work), the Political
Body shall require its contractor(s) to Q execute the Railroad's then current Contractor's Right of Entry Agreement;
(ii) obtain the insurance coverage described inExhibit B -1 hereto attached; and (iii) provide the insurance policies,
215544 Town of Marana, AZ Articles of Agreement March 27, 2003
Trico Marana Road Page 1
Public Highway Crossing 08113/01
Form Approved, AVP -Law UP Real Estate Folder No.: 2155 -44
�
certificates, binders and /or endorsements to Railroad that are required in Exhibit B -1 before allowing any of its
• contractor(s) and their respective subcontractors to commence any work in the Crossing Area or on any other Railroad
property.
B. The Political Body acknowledges receipt of a copy of Railroad's current Contractor's Right of Entry
Agreement, attached hereto as Exhibit D and hereby made a part hereof, and confirms that it will inform its
contractor(s) that it/they and their subcontractors are required to execute such form of agreement before commencing
any work on any Railroad property. Under no circumstances will Political Body's contractor(s) or any subcontractors
be allowed on to Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement
and obtaining the insurance set forth therein and also providing to Railroad the insurance policies, binders, certificates
and /or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and /or endorsements shall be sent to:
Union Pacific Railroad Company
Real Estate Department
1800 Famam Street
Omaha, NE 68102
ATTN: Director Contracts
UP Real Estate Folder No. 2155 -44
D. If the Political Body's own employees will be performing any of the Project work, the Political B_ ody
may self - insure all or a portion of the insurance coverage subject to Railroad's prior review and approval.
ARTICLE 4 - FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and
• provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and
B are incorporated into this Agreement by reference.
ARTICLE 5 - WORK TO BE PERFORMED BY RAILROAD
A. The work to be performed by Railroad, at Political Body's sole cost and expense, is described in
the Railroad's Material and Force Account Estimates dated September 30, 2002 and January 21, 2003, collectively
marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate "). As noted in the Estimate, the
Railroad's estimated cost for the Railroad's work associated with the Project is FOUR HUNDRED FIFTY -SEVEN
THOUSAND FOUR HUNRED FOUR DOLLARS ($457,404.00).
B. The Political Body acknowledges that the Estimate does not include any estimate of flagging or other
protective service costs that are to be paid by the Political Body or its contractor(s) in connection with flagging or
other protective services provided by Railroad employees in connection with the Project. All of such costs incurred
by Railroad are to be paid by the Political Body or its contractors as determined by the Railroad and the Political
Body. If it is determined that the Railroad will be billing the Political Body's contractors directly for such costs, the
Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any of its
contractor(s) within thirty (30) days of contractor's receipt of billing.
C. If the Estimate provides for the Railroad to install public crossing warning signals and/or gates,
the Railroad, at its cost and expense, shall maintain and repair such warning devices; PROVIDED, HOWEVER,
that such maintenance and repair shall not negate the Railroad's eligibility for any federal, state, local, or other
public funds that may become available for the maintenance and repair of such warning devices and PROVIDED,
FURTHER, that the cost of repair or replacement resulting from damage caused by the general public that is not
recovered by the Railroad from the person or entity causing such damage shall be borne entirely by the Political
• Body. .
2155 -44 Town of Marana, AZ Articles of Agreement March 27, 2003
Trico Marana Road Page 2
Pubic Highway Crossing 08/1 3/01 UP Real Estate Folder No.: 2155 -44
Form Approved, AVP -taw
D. The Political Body agrees to reimburse the Railroad for one hundred percent (100 %) of all
actual costs incurred by Railroad in connection with the Project including, but not limited to, actual costs of
procurement of materials, manpower and deliveries to the job site and the Railroad's normal and customary
additives associated therewith.
ARTICLE 6 - EFFECTIVE DATE; TERM
This Agreement shall become effective as of the date first herein written, or the date work commences on
the Project, whichever is earlier, and shall continue in full force and effectuntil terminated as provided in this
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed induplicate as of the
date first herein written.
UNION PACIFIC RAILROAD COMPANY
By
Director Contracts
ATTEST: TOWN OF MARANA
By
• Title:
(Seal)
Pursuant to Resolution /Order No. dated:
200_
hereto attached.
2155 -44 Town of Marana, AZ
Articles of Agreement March 27, 2003
Trico Marana Road Page 3 (;
EXHIBIT A
Location & Detail Prints
C E E Z R I
4 I I s o
a
g
F Z V �,
O oW� g a r
g
CL
co
J W g ¢ = cm 1
Z
w W -
oc w < ? a o
—
C� —a L.C>
1.- 3 a
NAY.
<
in 0 Uri
Z
�$
1 10
AN e ta ! s
tab 11, , , ' {�$ ! ��` 8 i.
I
Ila
EXHIBIT
ava nnw�oau a°'i�:?,� uo� tow
SWIM • q�pq• 'JUVrarse I.
4
ail a «
i
- --
a ail
a �
� a 2 8 K $
i h
t
" � 7
f:.'L• /�'.':J f'•:t�T1 fib -fi
I
wo wm�■
NONE
G;�;i��
.. -�:
i g
a... 7�.L- •.ra�U
.,*rte ti.• t`�� .���1�,�7�'r � jRt �: r
M aru - •���Iwv 4� ,M C ■I�■■.I��.
56, �� -�
USE MIEN
�. w•
��+th'lJt.�'.fiti -�_ W� �►�PL11f7s1
�l"s7/��C::i- /t�Y�f jv1 �l�ts.lt•1YCr7ta:j�s:'
�3�L:� -^IS; �3c:ffsaf:a rr t��. ►ate i�/N��,�
—
Moog
�. ff
r
■■ ■�
ORR No
I
avor nnwwaau �°�j'.3„ uoi �.oM . Pii� .
r
ra y �RT��A�
Yv0 700 17�A10 IW.dV.f00 IDir7Y LM
t O
L D O
f
b
a
1'lrJ' N
N
0
s i
I
I
I
m
I
ti� K
a
x
a
(M OO+tt Y1S 3tM HMM 00 Lt V.W 3Hn 1/N1 1
is
�0 t 133M MS t
• e
l
rS �d
it � �
EXHIBIT A.
711/ ■ ����
aw =w =wMN
I
MENNENOO .
off lAa MENROM.-MIN
SOMMEMEO
SOMMEMOO.
��■��■■■
k Evs O MMOMMENO
K i sa l
f
II I
fill
I
7 T! !� �_ �, �IOOOOOOO
�� fir:•.:; �. _
MENNEN
MENEM
• � � _ � • ■��OOOO
&momO■
���� �OOOOaOO
I i
1
No
mom
0
ON
0
EN
ON
11, JnPl
P M I
1 NINE _
c c.
X4 I I I N I Fill,
EXHIBIT B
Terms and Conditions
f
` F
C
f
f
t
R
1.
k
E.
Public Highway Crossing 08 /13/01
Standard Form Approved, AVP -Law
' EKMIT B
TO
PUBLIC HIGHWAY CROSSING
TERMS AND CONDITIONS
SECTION 1 - CONDITIONS AND COVENANTS
a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use
or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the
Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines
constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or
communications incidental to the Political Bodys use of the property for highway purposes shall be constructed in accordance with
specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the
Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or
occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such
consent.
b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks
upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rail line.
c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also
to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or
relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.
d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with
the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew
and replace tracks, facilities and appurtenances on the property, also the right to cross the Crossing Area with all kinds of equipment.
, Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property,
W yAded that such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area.
e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind
(whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the
property as a component part of the Railroad's operating property.
f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the highway
and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other
property and rights at its own expense and without expense to the Railroad.
SECTION 2 - CONSTRUCTION OF HIGHWAY
a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for
the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor,
material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include,
without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right -of -way), and
all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks.
Upon completion of the Project the Political Body shall remove from the Railroad's property all temporary structures and false work, and
will leave the Crossing Area in a condition satisfactory to the Railroad.
c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically provided
herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or in part by Federal
funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall
be made, in accordance with the applicable Federal acts, regulations, and this Agreement.
All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway and
W appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President -
gmeering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared
by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President- Engineering Services.
H:DATMFavorites%greement Forms\Road Crossing Page 1 Exhibit B
Forms\Public Road Crossing Agreement doc
Public Highway Crossing 08/13/01
Standard Form Approved, AVP -law
IN
e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event
within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the
at ilroad's Vice President - Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without the
ilroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's
tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage
of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such
delays and agrees that no claims for damage on account of any delay shall be made against the Railroad.
f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any responsibility
for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon
as possible after approval by the Vice President- Engineering Services of the Railroad or his authorized representative. Upon completion
of construction, the Political Body shall furnish the Railroad two sets of "as constructed" prints and, in addition, upon request of the Vice
President- Engineering Services of the Railroad, "as constructed" permanent reproducible prints of all or any portion of the structure.
SECTION 3 - INIURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for
which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad
or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political
Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's
Vice President - Engineering Services.
SECTION 4 - PAYMENT FOR WORK BY THE RAILROAD COMPANY
a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The Railroad will submit to the Political
Body current bills for flagging and other protective services and devices during progress of the Project. The Railroad will submit final
billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project, provided the
Political Body advises the Railroad of the commencement of the 120 -day period by giving the Railroad written notification of completion
of the Project.
gM The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political
y of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis,
the Political Body shall reimburse the Railroad for the amount of the contract.
SECTION S - MAINTENANCE
a) If the Project involves a grade crossing:
1) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed,
the entire Crossing Area, except the portions between the track tie ends, which shall be maintained by and at the expense of the
Railroad.
2) If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is
more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking,
the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or
replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the
Political Body shall bear the expense of such repairs or replacement.
b) If the Project involves a public highway crossing under the Railroad's tracks:
1) The Political Body shall. at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed,
the entire substructure of the highway - railroad grade separation structure.
2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire
superstructure of the highway - railroad grade separation structure.
c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body shall, at its own sole expense, maintain,
repair, and renew, or cause to be maintained, repaired, and renewed, the entire highway - railroad grade separation structure.
TION 6 - CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the_
H:DATAWavoiitesWireement Forms\Road Crossing Page 2 Exhibit B
Forms\Public Road Crossing Agreement.doc
Public Highway Crossing 08/13/01
` Standard Form Approved, AVP -law
;rd'l; or tracks located on the Crossing Area, the Political Body shall, at its own expense, conform the public highway in the Crossing Area
to conform with the change of grade of the trackage.
ECTION 7 - REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on
account of improvements for either railroad, highway or both, the parties will apportion the expense incidental thereto between
themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.
SECTION 8 - SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost
importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be
prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner
and in conformity with the following standards:
a) Definitions All references in this Agreement to the Political Body shall include the Political Body's contractors, subcontractors,
officers, agents and employees, and others acting under its or their authority, and all references in this Agreement to work of the Political
Body shall include work both within and outside of railroad property.
b) Compliance With Laws The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments
affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the
Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The
Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and
health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's
premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty,
cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and indemnify the Railroad
for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further
agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge,
or expense to the Railroad.
No Interference or Des The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere
W lay
th, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations
or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.
d) Supervision The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political
Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible,
or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the
Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's
collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the
Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to
the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety
and protection of the Railroad's property and operations.
e) Suspension of Work If at any time the Political Body's engineers or the Vice President- Engineering Services of the Railroad or their
respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without
due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and
proper protective measures are adopted and provided.
D Removal of Debris The Political Body shall not cause, suffer or permft material or debris to be deposited or cast upon, or to slide
or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's
property by the Political Body at the Political Body s own expense or by the Railroad at the expense of the Political Body. The Political Body
shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.
g) losives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior
consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice
President- Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the
purposes hereof, the 'vicinity of the Railroad's property^ shall be deemed to be any place on the Railroad's property or in such close
proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or
Wch se damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose
conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad in the
Railroad's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations
as may be specifically imposed:
H :IDATMavorites%greement Forms\Road Crossing Page 3 Exhibit B
Forms\Pubhc Road Crossing Agreement.doc
Public Highway Crossing 08/13/01
Standard Form Approved, AVP -Law
l) Unless the Railroad's Vice President - Engineering Services agrees otherwise, the Political Body shall provide no less than 48
hours' notice, excluding weekends and holidays, before discharging any explosives.
2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day
during daylight hours, and at mutually acceptable times.
3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary
to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any transportation,
handling, storage, security or use of explosives.
4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner
satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation,
United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR'Part 1518,
Subpart U --"Blasting and the Use of Explosives "; and Occupational Safety and Health Administration Occupational Safety and
Health Standards, 29 CFR Part 1910, Subpart H — "Hazardous Materials ".
h) Obstructions to View Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view along
the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon. If public
law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the Political Body will perform
such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal work,
reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated
warning devices with gate arms:
1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view
of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and
2) Insofar as it may lawfully may do so, the Political Body will not permit non - parties to construct sight obstructing buildings or other
permanent structures on property adjacent to the right -of -way.
i) Excavation The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create
azards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad.
W e Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the
oad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all
excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring
and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President- Engineering
Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's
operations in the vicinity.
j) Drainage The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the
highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad.
The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water
and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said
waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow
or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with
existing ditches or drainage facilities.
k) Notice Before commencing any work, the Political Body shall provide at least ten (10) days prior notice (excluding weekends and
holidays) to the Railroad's Manager -Track Maintenance.
1) Fiber Optic Cables Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems
is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
except holidays) at 1- 800- 336 -9193 (also a 24 -hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere
on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies)
involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning
any work on the Railroad's premises.
SECTION 9 - INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or
'WtProved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary
warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved
H:\DATA\Favontes\Agreement Forns\Road Crossing p age 4 Exhibit B
Forms\Public Road Crossing Agreementdoc
Public Highway Crossing 08/13/01
Standard Form Approved, AVP -Law
d"es have been installed.
1 6ECTION 10 - OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company
lawfully using the Railroad's property or facilities.
SECTION 11 - REMEDIES FOR BREACH OR NONUSE
a) If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any
other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and
appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the .
Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.
b) Nonuse by the Political Body of the Crossing Area for public roadway purposes continuing at any time for a period of eighteen (18)
months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.
c) The Political Body will surrender peaceable possession of the Crossing Area upon termination of this Agreement. Termination of
this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to
termination.
SECTION 12 - MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed by the Political
Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver
by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This
Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the
Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the
work or any part thereof.
O CTION13- ASSIGNMENT: SUCCESSORS AND ASSIGNS
This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their successors and assigns.
H: WATA\FavontesVkgreement Forms\Road Crossing Page 5 Exhibit B
Forms\Public Road Crossing Agreementdoc
Public Highway Crossing 08 /13/01
-Form Approved, AVP -Law
EXHIBIT B -1
TO PUBLIC HIGHWAY CROSSING AGREEMENT
INSURANCE REQUIREMENTS
For purposes of this Exhibit B -1, all references to the term "Contractor" shall be deemed to be all contractors hired by the Political Body
and all subcontractors of any such Contractor.
Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at
least $5,000,000 each occurrence or claim and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post
1998 ISO or equivalent form, including but not limited to coverage for the following:
• Bodily injury including death and personal injury
• Property damage
• Fire legal liability (Not less than the replacement value of the portion of the premises occupied)
• Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
• 'For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations
assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law."
• The exclusions for railroads (except where the Job site is more than fifty feet (501 from any railroad including but not limited
to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
• Coverage for Contractor's (and Railroad's) employees shall not be excluded
• Waiver of subrogation
Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $5,000,000 per
occurrence or claim, including but not limited to coverage for the following:
• Bodily injury and property damage
• Any and all motor vehicles including owned, hired and non -owned
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
• "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union
Pacific Wage Continuation Progrcmm or similar programs are deemed not to be either payments made or obligations
assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law."
• The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited
to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground
hazard shall be removed.
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS -90) if required by law.
C. Workers Compensation and Employers Liability insurance including but not limited to:
• Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement
• Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state workers'
compensation fund, Contractor shall comply with the krws of such states. If Contractor is self- insured, evidence of state approval
must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out
of the U. S. Longshoremen's and Harbor Workers' Act the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance:
• Alternate Employer Endorsement
H VATAWavoriteslAgreement Forms\Road Crossing Page 1 Exhibit B-1
Fo ms\Pubhc Road Crossing Agreement.doc
Public Highway Crossing 08/13/01
Form Approved, AVP -Law
Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall ' "follow form" and
afford no less coverage than the primary policy.
Railroad Protective Liability insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 per
occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form
CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the original policy
is forwarded to the Railroad.
Other Requirements
F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance.
G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of
subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's
insurance shall be primary with respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on
the certificate of insurance.
H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad
as an additional insured. Severability of interest and naming Railroad as additional insured shall be indicated on the
certificate of insurance.
I. Prior to commencing the Work, Contractor shall furnish to Railroad original certificate(s) of insurance evidencing the required
coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance
company(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation or material alteration. Upon request from
Railroad, a certified duplicate original of any required policy shall be furnished.
J. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the states) in which the service is to be
provided.
Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractors insurance agent(s)/broker(s), who
have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that
Contractor's insurance coverage will be primary.
L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish
the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railroad shall not be limited by the amount of the required insurance coverage.
0
H:\DATA\Favorltes\Agreement Forms\Road Crossing Page 2 Exhibit B-1
Forms\Public Road Crossing Agreement.doc
EXHIBIT C
Estimate of Material and Force Account Work
e
r.
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK DATE: 2002 -09 -30
BY THE
UNION PACIFIC RAILROAD
� ESCRIPTION OF WORK:
NSTALL LED FL SIGNALS W /GATES, & ISLAND GATES, CWR CIRCUITRY, AND NEW
CABIN AT TRICO MARANA ROAD IN MARANA, AZ. M.P. 961.66 ON THE GILA SUB.
SIGNAL PROJECT MANAGER: LEE BURDEN 935 -7680
RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED AS FOLLOWS:
SIGNAL - CITY OF MARANA 100% RECOLLECTIBLE
PID: 44119 AWO: 08479 MP,SUBDIV: 961.66, GILA
SERVICE UNIT: 16 CITY: MARANA STATE: AZ
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
ENGINEERING WORK
ENGINEERING 2838 2838 2838
LABOR ADDITIVE 138% 9733 9733 9733
RECOLL -INSPE 2737 2737 2737
SIG -HWY XNG 1478 1478 1478
- - - - - -- -- - - -- -- - - -- - --- -- - - -- --
TOTAL ENGINEERING 16786 16786 16786
SIGNAL WORK
BILL PREP 900 900 900
CONTRACT 10288 10288 10288
EARTH FILL /ROCK 2500 2500 2500
EQUIPMENT RENTAL 20000 20000 20000
FOREIGN LINE FREIGHT 2057 2057 2057
INSTALL METER SERVICE 5000 5000 5000
Is R ADDITIVE 1381 63080 63080 63080
STORE EXPENSE 5144 5144 5144
PERSONAL EXPENSES 22515 22515 22515
RELOCATE POLE LINE 6000 6000 6000
SALES TAX 4115 4115 4115
SIGNAL 45710 102889 148599 148599
TRANSPORTATION CHARGES 3750 3750 3750
USAGE EQUIPMENT 7584 7584 7584
WZ TRAFFIC CONTROL 10189 10189 10189
- -- --- - -- - - --- -- - - - - -- -- -- - - -- - - - - - ---
TOTAL SIGNAL 109690 202031 311721 311721
- -- - --- -- --- - --
LABOR /MATERIAL EXPENSE 126476 202031 -- - - - - -- -- - - - - --
RECOLLECTIBLE/UPRR EXPENSE 328507 0 -- - - - - --
ESTIMATED PROJECT COST 328507
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
RECOLLECTIBLE LESS CREDITS
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED,
UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.
LA
HIBITC
F
DATE: 2003 -01 -21
ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
DESCRIPTION OF WORK:
GILA SUB / MP 961.33 - 961.93 / MARANA ROAD
PROPOSE TO PARTICIPATE WITH THE CITY OF MARANA, CA IN CONSTRUCTING A
PUBLIC ROAD CROSSING @ MP 961.66, MARANA ROAD.
RAILROAD WORK WILL INCLUDE THE INSTALLATION OF A 96 FT CONCRETE
CROSSING SURFACE ALONG WITH RECONDITIONING THE TRACK STRUCTURE THROUGH
PID: 45605 AWO: MP,SUBDIV: 961.33, GILA
SERVICE UNIT: 16 CITY: NAVISKA STATE: AZ
DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL
----- - - - - -- - -- - - -- - - - -- -- - - - - -- - - - - - -- - - - -- - - - --
ENGINEERING WORK
ENGINEERING 3028 3028 3028
- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - --
TOTAL ENGINEERING 3028 3028 3028
SIGNAL WORK
SIGNAL 2555 47 2602 2602
MATL STORE EXPENSE 1 1 1
SALES TAX 1 1 1
. LABOR ADDITIVE 3526
-- - 3526 - ---- 3526 -- -
TOTAL SIGNAL 6081 49 6130 6130
TRACK & SURFACE WORK
BALAST 2.00 CL 2083 1219 3302 3302
FIELD WELD 189 189 189
OTM 1704 897 2601 2601
RAIL 252.00 LF 2308 2731 5039 5039
RDXING 96.00 TF 9236 13301 22537 2 .22537
TRK- SURF, LIN 2304 2304 2304
WELD 6128 398 6526 6526
XTIE 78.00 EA 14457 4842 19299 19299
UPRR EQUIP USAGE 2000 2000 2000
HOME LINE FRT 1000 1000 1000
BILL PREP 1000 1000 1000
EQUIP RENT 15000 15000 15000
FOREIGN LINE FRT 3000 3000 3000
MATL STORE EXPENSE 506 506 506
SALES TAX 933 933 933
LABOR ADDITIVE 34503 34503 34503
- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - --
TOTAL TRACK & SURFACE 72912 46827 119739 119739
LABOR/MATER EXPENSE 82021 46876 -- - - - - -- -- - - - - --
RECOLLECTIBLE/UPRR EXPENSE 128897 0 -- - - - - --
ESTIMATED PROJECT COST 128897
EXISTING REUSEABLE MATERIAL CREDIT 0
SALVAGE NONUSEABLE MATERIAL CREDIT 0
�
H[B[T
M f\
i
EXHIBIT D
Contractor's Right of Entry Agreement
f
4
i
i
•
March 27, 2003
Folder No. 2155 -44
To the Contractor:
Before Union Pacific Railroad can permit you to perform work on its property for the construction of new Trico Marana
Road at -grade public road crossing, it will be necessary to complete two originals of the enclosed Right of Entry Agreement as
follows:
1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry
Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all partners.
2• Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Ri"lit of
Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer.
4. Return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required
in Exhibit B -1, in the attached, self - addressed envelope.
5. Check made payable to the Union Pacific Railroad Company in the amount of $500.00. If you require formal billing,
you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding
their Form 1099, I certify that 13- 6400825 is the Railroad Company's correct Federal Taxpayer Identification Number
and that Union Pacific Railroad Company is doing business as a corporation.
After approval of the Right of Entry Agreement and insurance certificate, one fully executed counterpart of the
agreement will be returned to you. In no event should you begin work until you have received your counterpart of the fully
executed agreement.
Under Exhibit C of the enclosed Contractor's Right of Entry, you are required to procure Railroad Protective Liability
Insurance (RPLI) for the duration of this project. As a service to you, Union Pacific is making this coverage available to you.
If you decide that acquiring this coverage from the Railroad is of benefit to you, please contact Ms. Nancy Savage at (402) 271-
2215.
If you have any questions concerning the agreement, please contact me at (402) 997 -3620. Have a safe day!
Sincerely,
i
P
PAUL G. FARRELL
MANAGER CONTRACTS
Real Estate
UNION PACIFIC RAILROAD
I800 Farnam Street, Omaha, NE 68102
fr- (402) 997 -3601 f`
4`:
Contractors Right of Entry - 07/30/01 Folder No.: 2155 -44
Form Approved - AVP Law
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of 200_,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (the "Railroad ");
and
(Name of Contractor)
a corporation (the "Contractor ").
(State of Incorporation)
RECITALS:
Contractor has been hired by (the) Town of Marana to perform work relating to the construction of new Trico
Marana Road at -grade public road crossing (the "work "), with all or a portion of such work to be performed on property
of Railroad in the vicinity of Mile Post 961.66 on the Gila Subdivision in Marana, Pima County, Arizona, which work
is the subject of a contract dated between Railroad and (the) Town of Marana.
(Date of C&MAgreement)
Contractor has requested Railroad to permit it to perform the work on the portion of Railroad's property shown
on the print marked Exhibit A, attached hereto and hereby made a part hereof, and Railroad is agreeable thereto, subject
to the following terms and conditions.
AGREEMENT:
NONA', THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR
For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's
contractors, subcontractors, officers, agents and employees, and others acting under its or their authority.
ARTICLE 2 - RIGHT GRANTED; PURPOSE
The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject
to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress
from the property described in the Recitals for the purpose of performing any work described in the Recitals above.
The ri-ht herein ;ranted to Contractor is limited to those portions of Railroad's property specifically described herein,
or as designated by the Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A, B, C AND D.
The terms and conditions contained in Exhibit A, Exhibit B, Exhibit C and Exhibit D, attached hereto, are
hereby made a part of this agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.
A. The Contractor shall bear any and all costs and expenses associated with any work performed by the
Contractor, or any costs or expenses incurred by the Railroad relating to this agreement.
2155 -44 Town of Marana, AZ Page 1 March 27, 2003,
Trico Marana Road
Contractor's Right of Entry - 07/30/01 Folder No.: 2155 -44
Form Approved - A V P Law
B. The Contractor shall coordinate all of its work with the following Railroad representative or his or her duly
authorized representative (the "Railroad Representative "):
Mike Cordova
Manager Track Maintenance
Union Pacific Railroad Company
1255 S Campbell Ave
Tucson AZ 85713
Phone: 520- 629 -2230
C. The Contractor, at its own expense, shall adequately police and supervise all work to be performed by the
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The
responsibility of the Contractor for safe conduct and adequate policing and supervision of the Contractor's work shall
not be lessened or otherwise affected by the Railroad's approval of plans and specifications involving the work, or by
the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad
Representative, or by compliance by the Contractor with any requests or recommendations made by the Railroad
Representative.
ARTICLE 5 - TERM; TERMINATION
A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until
unless sooner terminated as herein provided, or at such time as Contractor has
(Expiration Date)
completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative
in writing when it has completed its work on Railroad property.
B. This agreement may be terminated by either party on ten (10) days written notice to the other party.
ARTICLE 6 - CERTIFICATE OF INSURANCE
A. Before commencing any work, Contractor will provide Railroad with the insurance binders, policies,
certificates and/or endorsements set forth in Exhibit C of this agreement.
B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be directed to:
Union Pacific Railroad Company
1800 Famam Street
Omaha NE 68102
Attn.: Director Contracts
Folder No.: 2155 -44
ARTICLE 7 - DISMISSAL OF CONTRACTOR/SUBCONTRACTOR EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad property any employee of Contractor or any
subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on
Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall
indemnify Railroad against any claims arising from the removal of any such employee from Railroad property.
ARTICLE 8 - ADMINISTRATIVE FEE
Contractor shall pay to Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical,
administrative and handling expenses in connection with the processing of this agreement.
2155 -44 Town of Marana, AZ Page 2 March 27, 2003
Trico Marana Road
i
Contractors Right of Entry - 07/30/01 Folder No.: 2155 -44
` Form Approved - AVP Law
ARTICLE 9 - CROSSINGS
No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's
trackage shall be installed or used by Contractor without the prior written permission of Railroad.
ARTICLE 10 - EXPLOSIVES
Explosives or other highly flammable substances shall not be stored on Railroad property without the prior
written approval of the Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date
first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Manager Contracts
WITNESS:
(Name of Contractor)
By:
Title:
2155 -44 Town of Marana, AZ Page 3 March 27, 2003
Trico Marana Road
N
I LOCATION OF NEW AT- GRADE
`" -� PUBLIC ROAD CROSSING
S CONSTRUCTION PROJECT
�RDI D,
ile Subdivision
W YJRBY HUGHES RD ` ✓
e i
MP 961.66 - Gila Subdivision
Trico Marana Road - DOT #
k,
New At -Grade Public Road Crossing o `
Construction Project
V
SAGEBRU SH.':RD z `., , .. ...... 1 ... "'
.y FG.
m TA MC)W
[l1
O
fi
ICO MARAN RD W TRICO MARANA
-- jWhTra W101fs office
Wtarana Post Office GLADDEN
'.liana
OI?— a:
W GRIER RD Q 2 } _1ry_GRIER..._ ., `.• __ ZI
cc
o W BARNETT RD I < o`
B4 RNETT RD _� -i W BARNS" D
y€
W Q
G
y M1
Zi
Co
q :
o.
oi93anrA�. f�.rAduUti. �';
al
RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
1. Install 96-feet of concrete crossing surface; 252 -feet of rail; 78 UNION PACIFIC RAILROAD COMPANY
cross -ties; 2- carloads of ballast and other track materials. GILA SUBDIVISION
2. Install LED flashing signals w/ gates & island gates; CWR MILE POST 961.66
circuitry; and new cabin. GPS: N 32° 27.765', W I I 1' 12.932'
MARANA, PIMA CO., AZ.
Illustrative print showing location of a new at -grade public road
crossing construction project with the TOWN OF MARANA.
Folder No. 2155 -44 Date: March 27, 2003
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN
ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC
CABLE. PHONE: 1 {800) 336 -9193 -
Contractor's ROE ExB 7/30/01
Form Approved, AVP -Law
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING
A The Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
commencing its work and at least ten (10) working days in advance of proposed performance of any work by the Contractor in
which any person or equipment will be within twenty -five (25) feet of any track, or will be near enough to any track that any
equipment extension (such as, but not limited to, a crane boom) will reach to within twenty -five (25) feet of any track. No work of
any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located,
operated, placed, or stored within twenty -five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a
Railroad flagman is provided to watch for trains. Upon receipt of such ten (10) -day notice, the Railroad Representative will
determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special
protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such
services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other
services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly
pay to Railroad all charges connected with such services within thirty (30) days `after presentation of a bill.
B. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men
used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the
work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
composite charge in effect on the day of execution of this agreement. One and one -half times the current hourly rate is paid for
overtime, Saturdays and Sundays; two and one -half times current hourly rate for holidays. Wage rates are subject to change, at
any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or
ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or
ditional charges are changed, the Contractor shall pay on the basis of the new rates and charges.
C. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished,
unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required
for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for
any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required
to pay the flagman and which could not reasonably be avoided by the Railroad by assignment of such flagman to other work, even
though the Contractor may not be working during such time. When it becomes necessary for the Railroad to bulletin and assign
an employee to a flagging position in compliance with union collective bargaining agreements, the Contractor must provide the
Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) -days notice of cessation is
not given, the Contractor will still be required to pay flagging charges for the five (5) -day notice period required by union agreement
to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be
given to the Railroad if flagging service are needed again, after such five day cessation notice has been given Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to
use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines
and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times
by the Railroad without liability to the Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of
title or for quiet enjoyment.
ction 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS
The Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation
of the railroad tracks and property of the Railroad, including without limitation, the operations of the Railroad's lessees, licensees
or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done
A:IDATATavori1- \Agr —t For —Ulood Crossing Page 1 Exhibit B
FmmsVV*c Road GrossingAgreementdoc
Contractor's ROE ExB 7/30/01
Pbrm Approved. AVP -Law
by the Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's
machinery and materials shall be kept at least fifty (50) feet from the centerline of the Railroad's nearest track, and there shall be
no ,-hicular crossings of Railroads tracks except at existing open public crossings.
Operations of the Railroad and work performed by the Railroad personnel and delays in the work to be performed by the
0ontractor caused by such railroad operations and work are expected by the Contractor, and Contractor agrees that the Railroad
shall have no liability to Contractor, its subcontractors or any other person or entity for any such delays. The Contractor shall
coordinate its activities with those of the Railroad and third parties so as to avoid interference with railroad operations. The safe
operation of the Railroad takes precedence over any work to be performed by the Contractor.
Section 4. LIENS
The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by
Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be
created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold
harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way
connected with or growing out of such work done, labor performed, or materials furnished. If the Contractor fails to promptly cause
any lien to be released of record, the Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS
A. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of
extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
profits. Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through
Friday, except holidays) at 1- 800 - 336 -9193 (also a 24 -hour, 7-day number for emergency calls) to determine if fiber optic cable is
buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications
company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic
cable. The Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished.
B. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the Railroad
harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and
40 enses) arising out of any act or omission of the Contractor, its contractor, agents and /or employees, that causes or contributes
(1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of
any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and/or employees, on
Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss
of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property
or a customer or user of services of the fiber optic cable on Railroad's property.
Section 6. PERMITS - COMPLIANCE WITH LAWS
In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and
shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY
A- Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
performed by the Contractor. The Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
and programs in connection with the work. The Contractor shall at a minimum comply with the Railroad's safety standards listed
in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by the Railroad's own forces. As a part of the
Contractor's safety responsibilities, the Contractor shall notify the Railroad if the Contractor determines that any of the Railroad's
safety standards are contrary to good safety praa:tfces. The Contractor shall furnish copies of Exhibit D to each of its employees
before they enter on the job site.
B. Without limitation of the provisions of paragraph A above, the Contractor shall keep the job site free from safety and health
hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be
'ded to any person injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety
d Health Administration reportable injuries. The Contractor shall have a nondelegable duty to control its employees while they
are on the job site or any other property of the Railroad, and to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
HI DATA\Favorileiftreement FormslRoad Dossing Page 2 Exhibit B
Forras\%blic Road Crossing Agreenmuloc
Contractor's ROE ExB 7/30/01
Form Approved, AVP -Law
�. If and when requested by the Railroad, the Contractor shall deliver to the Railroad a copy of the Contractor's safety plan
lornducting the work (the "Safety Plan`). Railroad shall have the right, but not the obligation, to require the Contractor to correct
any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this
O agreement and the Safety Plan.
ection 8. INDEMNITY
A To the extent not prohibited by applicable statute, the Contractor shall indemnify, defend and hold harmless the Railroad,
its affiliates, and its and their officers, agents and employees ( "Indemnified Parties ") from and against any and all loss, damage,
injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court
costs), fine or penalty (collectively, "Loss ") incurred by any person (including, without limitation, any Indemnified Party, the
Contractor, or any employee of the Contractor or of any Indemnified Party) arising out of or in any manner connected with (f) any
work performed by the Contractor, or (if) any act or omission of the Contractor, its officers, agents or employees, or (iii) any breach
of this agreement by the Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall
apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active
negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active
negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. The Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought
by the Contractor's own employees. The Contractor waives any immunity it may have under worker's compensation or industrial
insurance acts to indemnify the Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated
by the parties hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'
Liability Act against a party to this agreement may be relied upon or used by the Contractor in any attempt to assert liability against
the Railroad.
E. The provisions of this Section 8 shall survive the completion of any work performed by the Contractor or the termination
1 expiration of this agreement. In no event shall this Section 8 or any other provision of this agreement be deemed to limit any
Hity the Contractor may have to any Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY
In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or
disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the
Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition
as the same were in before such fence was taken down or such other property was moved or disturbed. The Contractor shall
remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of
the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT
Waiver by the Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept,
observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any
subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT
No modification of this agreement shall be effective unless made in writing and signed by the Contractor and the Railroad
This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between the
Contractor and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written
or oral, with respect to the work to be performed by the Contractor.
Section 12. ASSIGNMENT- SUBCONTRACTIN G
The Contractor shall not assign or subcontract this agreement, or any interest therein without the written consent of the
oad. Tire Contractor shall be responsible for the acts and omissions of all subcontractors, and shall require all subcontractors
to mcdntain the insurance coverage required to be maintained by the Contractor as provided in this agreement and to indemnify
the Contractor and the Railroad to the same extent as the Railroad is indemnified by the Contractor under this agreement.
R�IDAYA1FavaiteslAg<eemeai FaMS74ad CSassmg Pag 3
FamsTW%c RoW aaesmg AWeemwLdoc 9 Exhibit B
Contractor's Right of Entry ExC 07/30/01
foorm Approved - AVP Law
_ N EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE PROVISIONS
Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance
coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit
of at least $5,000,000 each occurrence or claim and an aggregate limit of at least $10,000,000. Coverage must be
purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following:
• Bodily injury including death and personal injury
• Property damage
• Fire legal liability (Not less than the replacement value of the portion of the premises occupied)
Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance:
• "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a
Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or
obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or
similar law."
• The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and
underground hazard shall be removed.
• Coverage for Contractor's (and Railroad's) employees shall not be excluded
• Waiver of subrogation
Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $5,000,000 per
occurrence or claim, including but not limited to coverage for the following:
Bodily injury and property damage
Any and all motor vehicles including owned, hired and non -owned
The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: /
• "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a
Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or
obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or
similar law.'
• The exclusions for railroads (except where the Job site is more than fifty feet (501 from any railroad including but not
limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and
underground hazard shall be removed.
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS -90) if required by law.
C. Workers Compensation and Employers Liabili ty insurance including but not limited to:
• Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement
• Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state
workers' compensation fund, Contractor shall comply with the laws of such states. If Contractor is self - insured, evidence
0 of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall
include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental
Shelf Land Act, if applicable.
K VMTA\Favorites\Agreement Fa nslRoad crossing Page 1 of 2 Exhibit C
FormXPublic Road Crossing Agreement.doc
Contractor's Right of Entry ExC 07/30/01
Rorm Approved - AVP Law
The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance:
' Alternate Employer Endorsement
�. Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form"
and afford no less coverage than the primary policy.
E. Railroad Protective Liability insurance naming only the Railroad as the insured with a combined single limit of $2,000,000
per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property"
(ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until
the original policy is forwarded to the Railroad.
Other Requirements
F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance.
G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right
of subrogation against Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of
subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control.
Contractor's insurance shall be primary with respect to any insurance carried by Railroad. All waivers of subrogation shall
be indicated on the certificate of insurance.
H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name
Railroad as an additional insured. Severability of interest and naming Railroad as additional insured shall be indicated
on the certificate of insurance.
I. Prior to commencing the Work, Contractor shall furnish to Railroad original certificate(s) of insurance evidencing the
required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the
insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any cancellation or material alteration.
Upon request from Railroad, a certified duplicate original of any required policy shall be furnished.
0 Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is
to be provided.
K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s),
who have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges
that Contractor's insurance coverage will be primary.
L. The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or
diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage`
MIDATAT— criwiftreement Farms\ oW tang Pa 2 of 2 Exhibit C
FmmsTubhc Road Ong Aw9== .d= Pag
Contractor's Right of Entry EzD 07/30/01
Ffrm Approved - AVP Law
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of the Contractor as well as all employees of any subcontractor or
agent of the Contractor.
I. Clothing
A- All employees of the Contractor will be suitably dressed to perform their duties safely and in a manner that will
not interfere with their vision, hearing, or free use of their hands or feet.
Specifically, the Contractor's employees must wear:
(i) Waist - length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare- legged trousers are worn, the trouser bottoms must be tied to
prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required
to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and IRA
footwear requirements.
B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have
thin soles or heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating
or working on machinery.
Personal Protective Equipment
The Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules,
regulations, or recommended or requested by the Railroad Representative.
M Hard hat that meets the American National Standard (ANSI) Z89.1- latest revision. Hard hats should be affixed
with the contractors or subcontractor's company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face
protection, Z87.1- latest revision. Additional eye protection must be provided to meet specific job situations such
as welding, grinding, etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring
on the job site. Hearing protection, in the form of plugs or muffs, must be wom when employees are within:
• 100 feet of a locomotive or roadway/work equipment
• 15 feet of power operated tools
• 150 feet of jet blowers or pile drivers
■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection - plugs and
muffs)
0A Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields,
must be worn as recommended or requested by the Railroad Representative.
III. On Track Safety
The Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection
regulations - 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad
• contractors are responsible for the training of their employees on such regulations. In addition to the instructions
contained in Roadway Worker Protection regulations, all employees must:
FLADATANFworitesAgreement FamslRood Ong Page f of 2 Exhibit D
FamAk"c Road crossing Agteememdoc
Contractor's Right of Entry ExD 07/30/01
berm Approved - AVP Law
% (i) Maintain a distance of twenty -five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
(ii) Wear an orange, reflectorized workwecff approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed.
Contractors must take special note of limits of track authority, which tracks may or may not be fouled, and
clearing the track. The Contractors will also receive special instructions relating to the work zone around
machines and minimum distances between machines while working or traveling.
IV. Equipment
A- It is the responsibility of the Contractor to ensure that all equipment is in a safe condition to operate. If, in the
opinion of the Railroad Representative, any of the Contractor's equipment is unsafe for use, the Contractor shall
remove such equipment from the Railroad's property. In addition, the Contractor must ensure that the operators
of all equipment are properly trained and competent in the safe operation of the equipment. In addition,
operators must be:
■ Familiar and comply with Railroad's rules on lockout /tagout of equipment.
• Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track.
• Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars
or any other ra ilbound equipment.
B. All self- propelled equipment must be equipped with a first -arid kit, fire extinguisher, and audible back -up warning
device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty -
five (25) feet'from any track. Before leaving any equipment unattended, the operator must stop the engine and
properly secure the equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and
the minimum clearances to overhead powerlines.
General Safety Requirements
A- The Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state
regulations.
B. The Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the
Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work
procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions
or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will
be conducted during the work as conditions, work procedures, or personnel change.
C. All track work performed by the Contractor meets the minimum safety requirements established by the Federal
Railroad Administrations Track Safety Standa:rds 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
W Always be on the alert for moving equipment. Employees must always expect movement on any track,
at any time, in either direction. .
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at
least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment
of the opening is less than one car length (50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and
. only when track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
MDATATavorites%Agreement FormsUlood Crossing Page 2 of 2 Exhibit D
FormsVh"c Rood Crossing AgreemenLdoc .
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: Ma 20, 2003
AGENDA ITEM: IX. B. 4
TO: Mayor and Council
FROM: Dick Gear, Community and Economic Development Director
SUBJECT: Discussion/Direction: Request for Council approval to make application for approximately
46 acres of State Trust Land adjacent to Airport for the purpose of developing ingress and
egress routes necessary for future commercial development.
DISCUSSION:
The Town is about to advertise an RFP for an additional Fixed Base Operation. This
operation will be a first class Jet Center facility on approximately 25 acres of Airport land.
Constructing an access road to this site is complicated by incursion of a runway safety zone
which presents a potential hazard to vehicular traffic. The property to be developed is also
isolated from internal airport access by runway 12/30 and its associated taxiway.
To solve the access difficulties, this State Trust Land acquisition will permit safe
ingress /egress from a location along Avra Valley Road that is outside of the runway safety
zone (refer to accompanying map).
The cost of this State Trust Land will be mitigated through an FAA grant that will fund 90
percent of the purchase price. Should this grant not be available to the Town, the acquisition
will not be pursued, and development of this property will be placed on hold.
RECONEVIENDATION:
Staff recommends that the Town makes application to the State Land Department for the
purchase of State Trust Land.
SUGGESTED MOTIONS:
I move that staff makes application for the purchase of State Trust Land.
ADM1N /SRG/05 /1412003
S
-o m z 1 f ��/ // t v
o a
ID
!� m
'p ON (O 00 V O) U) .P W N E: -r 4/
O O ` � a �
��
N 'A W N
C r Q h .> �i`
m CL N v 00 W � O Co O Z N
L/
O Cr I. _ O N (.J) W 6 U) (O N (V = \._ 1 /�v
o � � Co
to rn C-
,
S O o 0 (n UI Z Z N Z Z Z D m l r - � iv c ° per �o a�`o44 4o m M m Z
V W N
- t O) O O 00 (Il O b o
EE �i
<
L8
M A`., -
�� �,.,� _� �•:.. :��\ �. �. ,,� iii
10
y O
3 \,
D m
O D
D Ai i
3 ~ \k
M *C Erf
- imp
CD
Co
Z ---- — - - ' o
o —
CA
P �
FILING INFORMATION
FOR AN APPLICATION TO PURCHASE
Submit Application with $200 non - refundable filing fee to:
ARIZONA STATE LAND DEPARTMENT
PUBLIC COUNTER
1616 WEST ADAMS
PHOENIX, ARIZONA 85007
For assistance contact:....... (602)'542 -1704
IMPORTANT FILING CONSIDERATIONS:
All Trust land transactions must be in accordance with the State's mandate to assure the highest and best use of the land and to
act in the best interest of the Trust.
Submission of this application does not guarantee that the land will be sold. Should the State Land Commissioner determine at
any point during the sales process that a sale would not be in the best interest of the Trust, the application may be denied. Prior
to filing an Application to Purchase, it is recommended that you discuss your proposal with a Sales Administrator.
Trust land sales are subject to the Arizona Revised Statutes §§ 37 -231 through 241, 243 through 247,249 through 261, 322.02 and
322.04 and the Administrative Rules described in Article 4, R12 -5 -401 through R12 -5 -411 Starting with their appraised value,
Trust lands are sold at ublic auction with competitive oral bidding.
EXPENSES BORNE BY THE APPLICANT
1. Application to Purchase filing fee: $200.00 (non - refundable).
2. The cost of preparing a certified land survey, if required.
3. The cost of conducting an archaeological survey, if required.
0 4. Legal advertising: approximately $2,500.00.
5. Broker commission fee or sales administrative fees up to 3% of purchase price.
6.. If needed, Application to Amend: $50.00 (non- refundable).
7. If acting as an "Attorney in Fact ", both a notarized copy of Power of Attorney and a non - refundable $50.00 filing fee are
required.
APPLICATION PROCESS
Each purchase application is reviewed on a case -by -case basis. Evaluation of the application includes an analysis of: income
Potential to the Trust proposed use; impact to adiacent Trust lands: availability of utilities /infrastructure access proximity to
existin g development; parcel size: and conformance with local iurisdiction regulations are taken into consideration when evaluating
the merits of each application.
The time required to process a purchase application may exceed twelve months.
All Trust lands shall be sold at public auction, and only after: completion of a comprehensive staff evaluation; approval to continue
processing is given by the Project Evaluation Panel (PEP); a formal appraisal has been prepared and accepted; receipt of State
Board of Appeals and State Land Commissioner approval; and all legal advertising requirements have been met.
Method of payment will be either cash or terms as determined by the State Land Department and published in the public auction
sales notice. The State Treasurer establishes the interest rate.
The auction notice shall be published once each week for not less than ten successive weeks in a newspaper of general circulation,
published regularly at the State Capitol, and in a newspaper of like circulation regularly published nearest the location of the lands
to be sold. Additional marketing may be funded by the Department on selected parcels.
6053-03/92 (Rev. 10/2002) Purchase
RETURN TO:
DEPARTMENTAL USE ONLY ROLODEX #
ARIZONA STATE LAND DEPARTMENT
PUBLIC COUNTER ACCOUNTING T & C RECOMMENDATION/INITIAL DATE
is 1616 WEST ADAMS Filing Fee: $200 Exam: Approve
PHOENIX, ARIZONA 85007
Exam # Deny
SUBMIT FILING FEE: * $200 Int Title: Reject
N(34) App Entry: Withdraw
APPLICATION TO PURCHASE STATE LAND
Type or print in ink.
APPLICATION NO. 53-
COMPLETE ALL QUESTIONS, SIGN AND HAVE APPLICATION NOTARIZED AND ATTACH NON-
REFUNDABLE FILING FEE OF $200.00
1. APPLICANT: 2. REQUEST TO PURCHASE:
Town of nrta, -ajya Applicant hereby makes application to
s) purchase the State lands described below
in accordance with the laws of the State
of Arizona and the rules of the State
Land Department:
_ 13251 N ."Lon Adams Road
Mailing Address
Marana A7 £i 6S3
City State Zip
Mir -hat r Hch )-- 6212 -lAn1
Contact Person Phone No.
3. LEGAL DESCRIPTION:
TWN. RNG. SEC. LEGAL DESCRIPTION SLD USE ONLY
ACRES COUNTY CTY GRT PARCEL
2S 1 1 E 10 _See a _r- nman1ng 46 . S��}
* Attach a map or sketch for each description. A certified legal description may be required at the request of
the Department.
6053 -03192 (Rev. 10/2002) Purchase 1
7. CONDITIONS OF THE LAND:
INFRASTRUCTURE IN THE AREA
A. Is there legal public access to the land? ® No ❑ Yes (If yes, documentation required)
B. Are utilities available to the property? If no, state distance to service.
If yes, identify the service provider.
Potable water ❑ No Yes _ A 2000 gal /min well is located Win 1/4 m ile
Sewer ❑ No Yes
Electric ❑ No ® Yes
Gas ❑ No E] Yes
C. Is the land encumbered? If yes, briefly describe.
Steep slopes No ❑ Yes
Floodplain No ❑ Yes
Easements ® No ❑ Yes
Other
D. Current zoning and • . Aviation re g e uses. - and industrial
E. Adjacent zoning if different: See attached documentation
R Existing general plans, area plans or neighborhood plans and proposed uses: Marana N,n-rtbyaim n. o�
Plan & Marana General Plan as Airport Zone
G. Transportation plans: Possible future widening and realignment of Ayra
Valley Road _
H. Rezoning potential: SPP a r- rnmpan"'�dnCll
8. SPECIAL CONSIDERATIONS AND OTHER FACTORS:
9. Is applicant represented by a Broker /Salesperson? No lid Yes ❑ If yes, completed BROKER
REGISTRATIONBIDDER CERTIFICATION must be submitted herewith. Failure to submit completed
0 Registration/Certification form simultaneously with the application, as evidenced by the Department's time and date
stamp, shall result in an automatic indication that applicant is NOT represented by a broker.
10. APPLICANTS) COMPLETE AND SIGN PAGE 4 AND HAVE SIGNATURES) NOTARIZED ON
PAGE 5.
6053 -03/92 (Rev. 10/2002) Purchase q
0
'
0 CD
ro O f" N
CO
CO LU
amo
r� O Q
m pZ
r S _ Z
r J
ntt !k4 A4 ; \ FrY�i t p cr. V
ui
CO LU
•''x \ce1� ��s�, `••� 3 Q..- O
a. L � � L.L.
LLJV
a.
co W\
/ -' C Z>"
r
J _
2
- a a
co
AY F \
`. 3w333www3 oa)
oIto�na L O X
0 0 .0 O
in to M I-) O M 1� N .-• O
Z ;n o .n o ;� ° v, a-
�vo aToo, 0o0
>w zZZC�i�ZZC` V) o�L
Ln U
N= /' a w In
O v
\/ x , f __— —G , r° I /✓ Z r) rno M OIn00 a�7
\ /
1� O 2 N N O� In In M In N O N -0 O
W O t II) d M N c U>
r _
F- O'Lu�'Z Q N U
J N M to O N
•, %. / �y - t", - / J / / :.°,. W Q Q �.� �' /mil/ Q J N r) V Lo to I Oo N 0, -.o
�\ Wi . \ \ . _ ` /� F . a / \• � U
Z y N J CL
�f .� a >
aaz
C.
CERTIFICATION: Pursuant to A.R.S. Title 37 and the Rules of the Arizona State Land Department, A.A.C. Title 12, Chapter
5, you must complete the following information pertinent to you and/or the organization you represent and sign the certification
or your application will not be Drocessed. NOTE: Applicant must complete item #1.
I. Is this application made in the name of: (Applicant must check one) Individual(s) Husband & Wife
Corporation Partnership Ltd. Partnership Estate Trust L td. Liability Co.
J oint Venture _ - A —Municipality Political Subdivision Other (specify)
2. INDIVIDUAL(s) OR HUSBAND & WIFE: Complete the following for each applicant:
NAME AGE MARITAL STATUS
3. CORPORATION: Complete the following:
(A) Do you have authority from the Arizona Corporation Commission to do business in the State of Arizona? Yes_ No_
(B) Is the corporation presently in good standing with the Arizona Corporation Commission? Yes_ No
(C) In what state are you incorporated?
(D) Is the legal corporate name and Arizona business address the same as stated in this application? Yes_ No_
If no, state the Legal Corporate Name:
Address:
(Street or Box Number) (City) (State) (Zip)
4. LIMITED LIABILITY COMPANY. Complete the following:
(A) If an out-of -state limited liability company: Have you filed for a Certificate of Registration with the Arizona Corporation Commission?
Yes No
(B) If an Arizona limited liability company: Have you filed Articles of Organization with the Arizona Corporation Commission?
Yes No
(C) Are you authorized by the Arizona Corporation Commission to transact business in Arizona? Yes No
5. PARTNERSHIP OR JOINT VENTURE: Complete the following for each authorized partner or principal in the partnership or joint venture:
NAME BUSINESS ADDRESS AGE MARITAL STATUS
6. LIMITED PARTNERSHIP: Is this Limited Partnership on file with the Arizona Secretary of State? ❑ Yes ❑
Complete the following for the authorized general Dartner(s) only: No
GENERAL PARTNER(S) NAME BUSINESS ADDRESS
7. ESTATE: Complete the following and attach a coov of the court or estate document(s):
Name of the court - appointed administrator or personal representative:
List the type and date of issuance of the court or Estate document:
(Date issued) (Type of Document)
S. TRUST: (A) Complete the following pursuant to A.R.S. § 33404 for each beneficiary of the Trust:
NAME ADDRESS AGE MARITAL STATUS
or (B) Identify the Trust document by title, document number and county where document is recorded:
9. 1 HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE INFORMATION AND STATEMENTS CONTAINED HEREIN, TOGETHER
WITH ALL EXHIBITS AND ATTACHMENTS ARE TRUE, CORRECT AND COMPLETE AND THAT VWE HAVE AUTHORITY TO SIGN TH75'
DOCUMENT SIGNATURES)
Name of Corporation, Partnership, etc) Date Signature of Applicant (Individual) Date
Signature Title
Signature of Applicant (Individual) Date
(Signature must be notarized on pa ?P�y Sutton, Jr., Mayor
INDIVIDUAL ACKNOWLEDGMENT
STATE OF ARIZONA )
ss•
�ounty of )
On this day of before me, a Notary Public within and for said
County and State, personally appeared
to me known to be the person(s) described in and who executed the same as free act and deed.
hWher /t etr)
(SEAL) Notary
County,
Commission expires
L.L.C., CORPORATION, PARTNERSHIP -OR TRUST ACKNOWLEDGMENT-
STATE OF ARIZONA )
ss
County of )
On day of before me, a Notary Public within and for said
County, personally appeared
ame of Of ficer, Partner or Trustee)
for
(Name 01 L .L orporation, Partnership or Trust)
L.L.C., Corporation, Partnership or Trust for and on behalf of the L.L.C., Corporation,
W nership or Trust and to me known to be the person(s) described in and who executed the same for the L.L.C., Corporation, Partnership or Trust.
(SEAL) Notary
County
Commission expires
GOVERNMENT ACKNOWLEDGMENT
STATE OF ARIZONA )
County of )
On this day of , before me, a Notary Public within and for said
County, personally appeared
(Name of offi cial board member or authorized person)
for
(Name of agency or governmental entity)
for and on behalf of the governmental entity herein described and to me known to be the person(s) described in and who executed the same for said entity .
(SEAL) Notary
County ,
Commission expires
6053 -03/92 (Rev. 10/2002) Purchase 5
C 2
C H C
cr
n uo°
I x
i x p C7 CO) ` E ^.
n F M a p O C O > (�
T nd n
o O n a d a.. ° n ^ to .� ^ n Y n q r% e w
r _p - Ed PO E to a a: b off
y a H P H H P Q a a
n c. ^ ts cr Q• c 0 h7 "'
w tit ° Cn c�. ° O a P a Y° a P ^ w
z . y P t.. Y m 0'3 n Ci7 Y 7
tz t O C n w P F w� Sr H ^^ [ ^ y n
C P-. r P O "• '° O .� .O �• P O P J r 'y 3 C1 N
e n O ? P C o a a gy { z
Y Q 44 � a c .� ° •C � ° s� p y �
Y C7 67 fA 7 11a L7 Q p
7
a o:� x c a o a ° sE P H c ri
LO
U
o
:3.
o P y
° � a n f7 n � H ,a o � ° y
° =' H ••� u 3 tip .,;.� z O' •
P
H 1 P �
r •o '�•� oz
le
c r° m e °-° y Q. o• o a b
n La
Em
" Y °
M
b
^ o
_ ° a
to • � H ^ p C � .' ^� O
J ^
P 'fi C to
X - P• C o; ^ y
0 o n Z
O � 0
DO .
O S. y
a o
o ° n
P
O P (/l
P
a °
H c:
^
C
_ P
• P
°
P
• P .
a
X
Y
T
P
'e
r
K J.
K
- .7
7
n
7
4
u a
n R � t
t u n Y �•J, �i
r C C Y 7 W C
K P cr t
� Y L n0 > •e•{ y
X C-
ca
1 y v°
r c
Y v
Y
c` � � �• p C C K .
a u
ro
cy
c ti
V W •_ .3 tL � �_ y' Q w
u
.6 •� 5 ''o Y. 6 •� 7 _ _ .� 7
c ° a F v v u Y L aJ u G
0 U n 0...
L Q 1 1 I 1 1 i 4j!
v O y Y Y y n a O -Y•� � V,t C
o t - _ O to v La
E a y C CO CO C-
w '� to c o 3 v 44
LO
i 0 1; :;o n [. n _ n E q a N p g _K
.p ^ ' w e .=] fi� „ CJ ?` c e v a _ C .•- s
Q' y z t V Y G o •_ V K a C c; r+ u d
1-4 5 a w o o � � T� a ta 0 =
c r
Lc
vo c - U
O O O 0 < 4 L w ` `` z
O O 0 t' 0 E- z r" L H L. rr o a a f
to
.a
O N -... ^ �l v •; _ ii _'r� te j ° �`
ty - VJ
VIItJ? �Q < "' Ui '. .J.�. %< .0 L 3� p ° N. o �?
I p
i
4
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: May 20, 2003
AGENDA ITEM: IX. B. 5
TO: Mayor and Council
FROM: Michael C. Hein, 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.
Attached are the most recent communications from the League of Arizona Cities and Towns.
RECOMMENDATION: Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION:
None required.
ADMIN /JCF/05 /14/2003
l61
� {.. "d•.: �. �{ f C - F+'- � ,. 'pn M t K"A S,4* Yn ti 7 � �' 1
ILLEc _ s � -s �< •��..�, a,x ,, ,�.. ,�S'�i��' r �. ' �,. ti �.5 2 7-r s t _ ; " 1'� � cl. �,�
- f r Issue No`` l bt k May.Tl 2003
Eminentx Domain `Update
i f ..:: r ✓ �'�:.
t 1 N TH t Sr: I SS U E r The Senate passed HB 2308 Eminent Dom
y
ain with the League supported
amendment. - offered b` Senator T ay Tibshraeny on 1vlonday'by a vote of 16 -14
!
s�. The amendment protects the authorit of cities and towns to use eminent
domain for redevelo p ment but insures thaf"a more u blic and th
orou h .
process is used priorto'condemnation occurring „P g
Eminent DomainRUpdate 1 i�
a...g`'a' . i t,. 5 A r 4 •3..�
3 ^ Represe` ntativeEddie Farnsworth, th'e bill sponsor, decided to refuse the
Senate amended v the ersion of bill which will trigger a conference commit-
tee hearing that will tr to resolve the differences between�the House and
p
~ sr� �' Senate ion` s Representative Farnsworth has not disclosed what he will .
Transportation Bill
be seeking out of the "conference committee - deliberations: He clearly does
Traveling Along - not support the League backed changes that were made in the Senate: He
._ l n om.
may try to force the Senate to vote on his version of the bill, seek some sort
of compromise; or possibly pursue a study committee to review the issue
t
over the summer r ,
Referendum Si natures If the bill is us modified in conferencecommittee, it must be sent back to -
} - : Clears Senate 9 .. ,
both the Hoe and Senate - for one last vote Please continue to call your
ti M „ Senate and House members on this - legislation, as the bill`could return in
s a form that severely restricts cities and towns ability to use eminent
domain
Resolutions to, the:.
Governor f € .2` Transportation Bill Travelin
, - �� F zc ' r -s € s.. -. - g -
longrr Y
3 s ;
- A - =
The conference committee for. House Bi112242, Transportation Policy
= P fs, • ;
Y Committee, Regional Planning, was held this'week� previously reported,
t the Senate provisions to this.. House bill were accepted withthe exception of
League of Anzona F
s the floom
r aendmnt o
effered,by Senator Slade Mead That amendment
��_� Towns would have allowed hybrid vehic t
les use HOV lanes but did not comply_, _
Cltles.
r „ s oD :with federal law and was removed from the bill The'noncomp ance with
'�- fe would have placed the Stat Tshare of,feiieral`transportation
igi: aneBuueh„s W n iiollars
�
and
�esand -T- �uurausor.suggahon_sto: ' - `� � .�s`,�
The conferees for this ommittee tivere:Re 4resentatives Clancyyne Tom I_
League o£Arizona hues Townc. �+�
�v }: iswv;�c� s� �� reze3s`ki and Gar -y Pier e,flie -bill s sponsoi as:well�as�Senators.l_1�Iaril -
Phoema,Anwna850Q7 r b
and JackBrown. 4
Jarrert °Blen` ua p
PltonC
602153 3874
leagnemg stat p 91 7 Once e- ous d the. enate.approve,the4new =versio :o zHB 2292,`t 4 ill -
intaacwwxrazhea8
. elf � l; p , �be <sentito e�Governo or er,- signature- a.
Issue No. 16 May 1, 2003 Page 2 `
* R eferend t Signatures4 •15 Resolutions to the Governor
C I ea r's, Sen ate ;f , , r.lt. , We are hap py-to, report that three more League Resolutions
The Referendum Signatures bill, HB `2436, cleared a major hurdle ..
have recently reached the desk; of the Governor and are awaiting
on Wednesday a's it passed the Senate, largely due to an•amend- her signature
ment offered by Senator Robert Cannell. The bill now heads back ' 1: 1
to the. House of Representatives, where the bill's sponsor, former HB 2444. Redevelopment Area, Financing; Definition,.
Goodyear Mayor and League Executive Committee member, whose' sponsor, Representative Randy Graf, concurred with
Representative Bill Arnold will have the opportunity to concur or the Senate changes, was voted 58 -0 in Final Passage in the
refuse with the Senate changes House of Representatives. HB 2444, which expands the
rea, passed with it emer
ion o6 a redevelopment
- ' enc clause and will therefore become enacted u
The. Senate resumed floor debate on the bill on Tuesday; after it was g y on the p
cut off last week because of strong opposition As expected, Senators } ¢ ; Governor's signaturet s
Brotherton and Cannell offered floor amendments to the bill. -`
Senator Brotherton's amendment, as described in previous Bulletins,
• HB 2333. Service of Process Municipal Courts was unani-
prevents cities and towns from adopting an ordinance to modify the . - mously passed out of the House after Representative John
signature requirement with an emergency measure. The amend - Nelson concurred with the Senate provisions to the bill.
ment offered by Senator Cannell limits the bill to cities and towns Once signed, the bill will allow unarmed police aids and
under 50,000 in population. It was clear from the floor debate that traffic investigators to serve process in municipal courts.
the Senate would not pass the bill without a lower population thresh -
old'and we thank Senator Cannell for offering the amendment. -. - HB 2507: Wildfires; Fire Bans; Criminal Penalties. made it .
out of the Senate untouched and therefore was sent to the
ith these two amendments,the legislation gainedsupport from a Governor without a final House vote after unanimous-
a on of Senate democrats and was able to clear floor debate.; _
7 tY � ly passing the Senate:; This bill, sponsored by -:.
Several members were also instrumental in debating in favor of this Representative.Bill,Konopnicki; increases the penalties
vy +
bill indudmg Senate;President Ken Bennett, Senate Minority Leader for causing wildfires or violating regulations relating
Jack Brown aria Senators Marsha A g rzber er and Robert Canne
to fi
ll. = g re S "
_ re`control.` {
It is expected that Representative Arnold will concur with the
Senate changes to the bill. After he concurs, the House must vote
on the Senate version of this legislation before_ the bill goes to the
Governor. The House vote is expected to be close, as HB 2436
passed the House originally by a vote of 32 -22. Please call your
representatives and..'urge them to support this bill =
- Thanks again to Senator Cannell for saving the bill with his — v `
amendment an d to Senators Arzbergei, Bennett and Brown for
speaking m favor of the bill's passage = r•
F z r
tt t
` rR
` .., s .-! ? *
ht
. 4V
�'��_r =Zegrslative Bulletiri��s ubhshed liy�'Iie League of Anzona Cores andTowns;1820 W Washington Street, Phoenuc, AZT 85007 '
Phone;: (602).58- 786.�Fax� 602- = 3= 874.'Ema�l: league@mgstate:az.uswsit:us on'the`Internet at:www azleague.org. ;
- GISLATIVE BULLETIN
LE
• r: Issue No.17 May 9
.� ..
IN >THIS ISS Is It the, End of the Line for HB: 2308?
U t , _
The,long saga of HB 2308: Eminent Domain took another interesting twist on Thursday,.
M
d
ns however, this time the turn appears to be in favor of cities an towns: Minutes .1 to the
I .
Is It the Endo the Line . P
for HB `2308 ? -, , , , scheduled conference committee, the bill's sponsor, Representative Eddie Farnsworth,
' announced thafthe conference committee was cancelled and that he had decided to concur.
with the Senate changes. This was probably because he failed to receive enough support'
from conference committee members for amendments that he was backing and that we
o' osed
_Re . Thanks go out'to our supporters on the conference committee who were Senators
Sgures PP ns the H ferendum i - at
ouse Battle . 1 Ken Cheuvront, Jorge Garcia and Jay Tibshraeny, and Representative Amanda Aguirre.
Representative Farnsworth's concurrence with the Senate changes means that the Senate
Budget Negotiations Add version of the bill is the only one that will continue to advance. The Senate version, drafted
Extra Week #4': 2` by Senator. Tibshraeny, in cooperation with city and town representatives, is a good alterna-
tive to the bill drafted by Representative Farnsworth. The Senate version protects
nation as a redevelopment tool but requires, muoictpalities to go through a more rigorous'
public process before they use it. The Farnsworth version would have practically eliminated
Anti- Terrorism, condemnation
,for redevelopment.;'
Transportation Bills Arriv ''
on 9th Floor '` While many agreed that.the Farnsworth language went too far, a compromise was necessary
as the general consensus among legislators and the Governor was that reform was warrant----_
ed - .We are thankful to Senator Tibshraeny for pushing through compromise language that
Where's the Bulletin? .... reforms the condemnation process but protects our authority to use it..
- As a result of the concurrence, the House now has the option of voting on the Senate version
Thanking Legislators ;. or taking no action, which would kill the bill. It remains to be seen which direction the
House will take. The good news for cities and towns is that the only options available are
the Senate version or nothing this year. We should not be surprised when another bill is --
3 introduced in the 2004 session by Mr. Farnsworth regardless of what happens in this final' .
Letter from Mayor
stage on HB 2308 '
Larry Nelson - -_
4 R`_eferenduhi s natures Wins the Hous
_ e
League of Anzona=
C \ = The
�egt phone hnes were busy this week as elected officials and staff from cities and towns -
l les AivD_TOwn £ across the State called their representatives to support HB 2436: Municipal Ballot Measures,
- t - nfed Signatures Thanks to the final lobbying push from, cities and towns, the bill =
assed the;House on Wednesd ay. bya vote of31 24 (That is the absolute muumum number
_P
Legula M uVenn is ubhshed the �•�
s � : - votes needed for House passage) f j'r r
League of Anion a cities2ndTowas ' ~ s-
,a c- >� - � ` `' �_.- 'c" � g y° F
F9CWaId -CAIIIIIIents_OI ItS to - i
;� t
Z
- p deS Th vote was extremely close because groups such as the Sierra Club lobbied hard to defeat the 2
Lca
��, _ eg�slahon,espitee numerous comprom>ses offered such as the 15-day extension to cities and fs =� am
iszowwas - tow_ nsusmg.thealternative, signature- regturementandthe50 ,000 po p ulationcap'
ffi oema,Anzona 85007 r. �*' s` s �j;
Phony 602 258 5786 A big thank ou and congratiilattons go out to Representative Bill Arnold, former Goo 'ear'
,T
i sot 253 387 �.
yoFan Executive Committee member, for' s onsormg the legislation and for his su
e pport of
E may �eague@mg state aazzas - .:
is e. 'Thanks to,Snator nell who
Robert Canwas in menfal in theb
stru_pushing ill
.�� lncanet: vv'ww.azlcague.org t 'I , � ��. . . _
wu the Th be�illriow an.— o the Governor'for. h s gnattire `'
1 SIR" iiiii 11111 11151
a ~
Issue No. 17 May 9, 2003 Page 2 W
4 &udget Neg Add Where's the Bulletin?
Extra Week #4 Many of you are probably wondering why the Bulletin did not
arrive at its usual time this week. The mailing of this Bulletin was
Budget negotiations continue to be slow and tedious. As of this Bulletin, delayed so that we could include the most recent information from
it appears that legislators are not close to an agreement. Once the the conference committee on HB 2308: Eminent Domain. Because
Legislature agrees to a plan, a protracted debate between the Legislature the conference committee was scheduled for Thursday afternoon, it
and Governor will likely follow. Time is a growing concern as the begin- delayed the mailing of the Bulletin until Friday.
ning of the next fiscal year gets closer and closer.
The regular session can be extended indefinitely as long as a majority Thanking Legislators
of each chamber agrees to do so. However, after the 120th day of reg-
ular session, which will be May 13, each legislators per diem is While it is easy to criticize legislators by sending off a letter expressing
reduced by almost 2/3. our disappointment in how they voted, sometimes we neglect to send
a much- deserved thank you after they have been helpful. This letter
Because of this, legislators are requesti ig the Governor to call a special from Mayor Nelson from the City of Yuma reminded us Kowa simple
session on the budget thereby reinstat' g full per diem. If the Governor letter of gratitude is just as important. If you haven't already, please
decides not to call them into a special ession, it will take 2/3 of each take a moment to thank your legislators for their support this session.
chamber for the legislators to call the s ecial themselves. If
the Governor calls it, she can limit the ocus; if the Legislature
does, it is wide open and other bills car be introduced and May 2. 2003
considered.
The Honorable Robert Cannell
en is anyone's ess. owever, Governor Arizona State Senate
What will happen � 1700 West W ashington, Room 314
Napolitano was recently quoted as say ng, "I plan on being Phoenix, Arizona 85007
re until the end of June." Dear Senator Cannell:
A nti - Terrorism • Your support of the amended HB2308; Eminent Domain and HB2436; Referendum
1 Signature is very much appreciated by the City of Yuma.
Tra nsportation ills These were both difficult bills with strong feelings on each side of the issues. Your
amendment to HB2436 reducing the population limit to cities of 50,000 was instrumental
Arrive on 9th Fl or for approval of that bill. Although Yuma is not able to take advantage of the new signature
requirements, the-smaller cities and towns, such as Somerton, San Luis and Wellton, have
Two of the more highly reported Leagu resolutions have needed this change for some time.
made it to the Governor's desk since th c last Legislative
Bulletin. Having your support of the amendments to HB2308 restored our faith that we can continue
community projects such as Carver Park. Although the bill is now in Conference
Committee, we feel confident that you will continue your support. if we can provide any
SB 1059, Trespass; Critical Public Service Facilities, was trans- help to you, please call.
miffed to the Governor last Thursday and was signed into law_ - -- - = - - - — - -- —
Wednesday of this week. SB 1059 received a final vote of 28 -1 Again, thanks for all you have done for us.
with Senator Barbara Leff casting the lone vote of opposition. Sincerely,
This resolution increases the criminal I ienalties for remaining
or entering unlawfully on the grounds of critical public infra-
structure to help Arizona in preventing and deterring terror-
ist acts. i1
The House and the Senate held votes tc final pass House Bill Mayor1Ce ti Nelson
2292, Transportation Polity Committee; Regional Planning, _ City of Yuma _=
this week, The House; passed this final version of HB 2292 =
without any opposition and in the Sen to only Senators cc Bob Wagner, city Administrator ; v "
Steven W. Moore City Attorney., .
Thayer Verschoor and Jim Weiers voted against it. : - This reso Cathy Connolly, League of Arizona Cities &: Towns t
hition calls for authorization fora regional votein Maricopa , Anne Hamilton, Highground, Inc.. _
_ , ty for the extension of the half , ce t sales tax:
t _ Legislative Bulletni is publi ed by The League of Anzona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007`
Ate_
" ` z Phone (602) 258 5786 Fax (602) 253 =3874 Email league @mg state anus Visit us on the Internet at www azleague oig
- . .s�,
v
*x s�L O s ME *r '; •, .,f�.'"�,.ti - `�- � -? .;m:.: t.....___ `�3� r -