HomeMy WebLinkAboutResolution 2004-042 first amendment to saguaro ranch pre-annexation development agreementMARANA RESOLUTION NO. 2004-42
RELATING TO DEVELOPMENT AGREEMENTS; APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE SAGUARO RANCH
PRE-ANNEXATION DEVELOPMENT AGREEMENT.
WHEREAS, the Town of Marana is authorized to enter into development agreements and
pre-annexation development agreements pursuant to A.R.S. § 9-500.05; and
WHEREAS, the Mayor and Council of the Town of Marana find that entering into a pre-
annexation development agreement providing for the expansion of the land area covered by the
original Saguaro Ranch Pre-annexation Development Agreement recorded June 27, 2003, in the
Office of the Pima County Recorder at Docket 12081, page 8329 (the "original PADA") will
promote the public health, safety and welfare by facilitating orderly development that pays its fair
share of costs toward public services needed to serve the development.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, approving and authorizing the Mayor to execute the First Amendment to the
Saguaro Ranch Pre-annexation Development Agreement in the form attached as Exhibit A to this
Resolution, and authorizing the Town Manager and Town staff to undertake all other tasks
required to carry out the terms, obligations, and objectives of the Development Agreement.
%SSAL#
RSO 040406 Saguaro Ranch.doc FJC 3/29/04
F. ANN RODRIGUEZ, RECORDER
R~CORDED BY: D~
I 'TY RECORDER
7!Hi4 PEl
DOCKET: 12278
P?~: 3161
N, OF PAGES: 9
SEQUENCE: 20040700641
04/12/2004
AAG 17:06
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 10.00
TOWN OF MARANA
FIRST AMENDMENT
TO
SAGUARO RANCH
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO SAGUARO RANCH PRE-ANNEXA TION
DEVELOPMENT AGREEMENT (this "First Amendment") is made and entered into this 6tb
day of April, 2004, by and between the TOWN OF MARANA, an Arizona municipal
corporation (the "Town"), TITLE SECURITY AGENCY OF ARIZONA, an Alizona
corporation ("Title Security"), as Trustee of its Trust Numbers 785, 786 and 787 only and not in
its corporate capacity, and SAGUARO RANCH INVESTMENTS, LLC, an Alizona limited
liability company ("SRI") (collectively, the "Developer").
RECITALS
A. The Developer is the owner of approximately 407 acres of real propel1y, located
within Pima County, Arizona (the "County"), as legally described on Exhibit "A" hereto (the
"Saguaro Ranch East Property").
B. The Saguaro Ranch East Property is a part of a larger project known as "Saguaro
Ranch" (the "Project"). The entire Project consists of approximately 1,033.5 acres
C. The Town has initiated an annexation process by filing a blank annexation
petition (the "Annexation Petition") with the Pima County Recorder consistent with the
requirements of Section 99-471 of the Arizona Revised Statutes and all other applicable laws,
ordinance and rules (the "Annexation Laws"), to annex the Saguaro Ranch East Property and
property owned by others into the Town. This First Amendment shall only apply to the Saguaro
Ranch East Property and not to the property owned by others.
1
D. The Town, Title Security, as Trustee of its Trust Numbers 773, 785 and 787, and
SRI previously entered into a certain Saguaro Ranch Pre-Annexation Development Agreement
executed June 17, 19 and 23, 2003, and recorded June 27, 2003, in the office of the Pima
County, Arizona, Recorder at Docket 12081, Page 8329 (the "Original PADA").
.f
......
Page 1
l'
E. Section 1.6 of the Original PADA provides:
"1.6 Additional Property. The Town and the Developer agree that should the
Town annex into the Town any portion of the Project other than the Property
located in the County (the "Additional Property"), the Additional Property shall
upon annexation be included in the Property and shall be subject to and shall
benefit from all provisions of this Agreement applicable thereto, and any
reference herein to the Property shall include the Additional Property, and the
Town and the Developer shall cooperate to prepare and record with the County
Recorder's Office an amendment to this Agreement describing the Additional
Property to be incorporated."
F. The Saguaro Ranch East Property constitutes "Additional Propelty" as
contemplated by the Original P ADA.
G. The Town desires that the Saguaro Ranch East Property be annexed into the
corporate limits of the Town and become an integral part of the Town, and the Town and the
Developer are amenable to having the terms and provisions of the Original P ADA apply to and
burden and benefit the Saguaro Ranch East Property.
H. The Recitals set forth in the Original P ADA are hereby incorporated herein by
this reference.
COVENANTS
In consideration of the foregoing recitals, and for other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Town and the Developer agree as
follows:
1. Annexation. The Town, in a timely fashion, published, mailed and posted the
required notices to hold a public hearing, and held a public hearing, all as required under the
Annexation Laws in connection with annexation of the Saguaro Ranch East Property (and other
property) into the Town. Following the public hearing and the proper steps expressed in A.R.S
g9-471, the Developer has signed and delivered the Annexation Petition for the Saguaro Ranch
East Property. It is understood by the parties that the Town Council retains the discretion to
approve or deny the annexation ordinance. If the Town decides not to adopt the annexation
ordinance annexing the Saguaro Ranch East Property into the Town, this First Amendment shall
be void and of no force or effect.
-.l
2. Original Zoning. The land uses that are conducted and zoned on the Saguaro
Ranch East Property in the County prior to annexation translate to RD-180 Residential Zone in
the Town's Land Use and Development Code (the "Translation Zoning"). The Annexation
Laws require the Town to translate the zoning for the Saguaro Ranch East Propelty from the
lawful uses, activities and zoning in the County to Town zoning upon annexation without
Page 2
3
i
penmttmg densities or uses that are greater than those permitted in the County plioI' to
annexation. To establish original Town zoning that is consistent with the cunent lawful uses of
the Saguaro Ranch East Property and that minimizes non-conforming uses, upon annexation the
Town shall impose the RD-180 Residential Zone on the Saguaro Ranch East Property.
3. The Original PADA. The Town and the Developer hereby agree that the Saguaro
Ranch East Property shall be deemed "Additional Property" under the terms and provisions of
the Original P ADA and the terms and provisions of the Original P ADA shall apply for the
benefit of and burden the Saguaro Ranch East Property as if the Saguaro Ranch East Propelty
had been included as a part of the "Property" under the Original P ADA.
4. Notice. Section 7.1 of the Original PADA is amended by providing that a copy of
any notice sent to the Town be provided as follows:
With a copy to:
Frank Cassidy, Town Attorney
T own of Marana
13251 N. Lon Adams Road
Marana, Arizona 85653
5. Recordation. No later than ten (10) days after this First Amendment shall have
been executed by the Town and the Developer, the Town shall have this First Amendment in its
entirety recorded in the Official Records of Pima County, Arizona.
6. Counterparts. This First Amendment may be executed in counterparts, with
parties signing separate sheets, which, when combined, shall be treated in all respects as a single
document.
SIGNATURES FOLLOW
~
,
1
...
Page 3
THE DEVELOPER:
TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation,
as Trustee under its Trust Numbers 785, 786 and 787 only and not in its corporate capacity
..Jo
By:
Leslie D. Hogg, Trust Officer
STMENTS, LLC, an Arizona limited liability company
Signatory
THE TOWN:
TOWN OF MARANA, an Arizona municipal corporation
By: ~~#eL ·
~ Bobby Sutton, Jr., Mayor
ATTEST:
-:L.
7
8
.-
. =
4
Page 4
State of Arizona )
) ss.
County of Pima )
~-d:.. The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of April, 2004, by B0B~' ~w8n, Jr. as Mttyer of the Town of Marana, Arizona.
~.vJ.,--Kai UtCLm~~ ck-
No blic
FFICIAL SEAL
e MARGARET LYNN WARDE
Notary Public. Slate of Arizona
PIMA COUNTY
My Comm. expires Aug. 29. 2W1
My commission expires:
State of Arizona )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this QiL day of ApIil, 2004, by
Leslie D. Hogg, as Trust Officer of TITLE SECURITY AGENCY OF ARIZONA, An Arizona
corp .+~. as Trustee under its Trust Numbers 785, 786 and 787 only and not in its corporate
capac e Official Seal
NOTARY PUBLIC d
. STATE OF ARIZONA
. County of Pima
ON!ETTE S. GUARINE U~",;
Mv CommlHIOr, foxpi'9S o\ilQilst 15 2007
My commission expires:
State of Arizona )
) ss.
County of Pima )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
,ll day of April, 2004, by Stephen D. Phinny, as Authorized Signatory of SAGUARO RANCH
INVESTMENTS, L.L.C., an Arizona limited liability company.
~
~otary Public
n
L
...."
~/
.-"
--
My commission expires:
3
Page 5
Official Seal
NOTARY PUBLIC
STATE OF ARIZONA
'. . County of Pima
JOE F. TARVER
My COmr;1~ssicn=xc'es March 27, 2006
',.;)',,~.>-::'
"
:
:
.:::?
EXHIBIT "A"
LEGAL DESCRIPTION
SAGUARO RANCH EAST PARCEL
All that portion of the East 1/2 of Section 17 and the East 1/2 of Section 20, Township 11 South,
Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, more paI1icularly described
as follows:
COMMENCING at the Northeast comer of said Section 20, said point being the POINT OF
BEGINNING;
Thence S 01008'42" W a distance 2235.13 feet along the East line of said Section 20;
Thence N 81036'39" W a distance of 186.92 feet:
Thence S 54030'47" W a distance of 139.31 feet;
Thence S 14032'27" E a distance of363.39 feet to a point on the East-West midline of said
Section 20;
Thence S 89044'13" W along the East-West midline of said Section 20 a distance of 1263.58
feet;
Thence N 11000'00" W a distance of266.75 feet;
Thence N 31059'00" W a distance of 327.00 feet;
Thence N 13006'00" Wa distance of 194.00 feet;
Thence N 44056'00" W a distance of 130.40 feet;
Thence S 89040'39" W a distance of 401.86 feet;
Thence S 41033'19" W a distance of 118.78 feet;
i
Thence N 60026'37" Wa distance of 399.25 feet to a point on the North-South midline of said
Section 20;
Thence N 00000'20" W along the North-South midline of said Section 20 a distance of 1320.43
feet to the South 1/4 comer of said Section 17;
'-'
i
Thence S 89040' 15" W along the South line of said Section 17 a distance of 1060.23 feet;
Page 6
6:
Thence N 00001'26" E a distance of 1643.87 feet;
Thence N 89038'32" E a distance of 1060.34 feet to a point on the North-South midline of said
Section 17;
Thence N 00000'33" E along the North-South midline of said Section 17 a distance of 2971.03
feet;
Thence N 00001 '01" E continuing along the North-South midline of said Section 17 a distance
of 659.50 feet to the North 1/4 comer of said Section 17;
Thence N 89043 '55" E along the North line of said Section 17 a distance of 1321.04 feet;
Thence S 00002 '00" E a distance of 2636. 87 feet to a point on the East- West midline of said
Section 17;
Thence N 89043'46" E along the East-West midline, a distance of 1323.18 feet to
the East 1/4 comer of said Section 17;
Thence S 01012 '31" E along the east line of said Section 17 a distance of 1320.14 feet;
Thence S 01013' 19" E along the east line of said Section 17 a distance of
1320.25 feet to the POINT OF BEGINNING.
Containing 18,393,536.685 Sq. Ft. or 422.26 Acres more or less.
EXCEPT THE FOLLOWING TWO PARCELS:
(1) The Pearcy/Raksanaves Parcel:
(a) All that portion of the North half of the Southwest quarter of the Northeast quarter of Section
20, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County,
Arizona, more particularly described as follows:
Beginning at the Northwest comer of the Southwest quarter of the Northeast quarter of said
Section 20;
1
z
Thence North 89 degrees 42 minutes 16 seconds East along the North line of said Southwest
quarter, 629.92 feet;
3
Thence South 12 degrees 15 minutes 00 seconds East, 100.47 feet;
Thence South 42 degrees 19 minutes 00 seconds East, 125.00 feet;
Page 7
'.I
Thence South 08 degrees 24 minutes 00 seconds East, 249.00 feet;
Thence South 44 degrees 56 minutes 00 seconds East, 82.60 feet;
hence South 89 degrees 40 minutes 39 seconds West, 402.76 feet;
hence South 41 degrees 33 minutes 19 seconds West, 121. 57 feet;
Thence North 60 degrees 22 minutes 35 seconds West, 396.10 feet to the West line of said
Southwest quarter;
Thence North 00 degrees 05 minutes 34 seconds West along the West line thereof, 388.62 feet to
the Point of Beginning.
AND
(b) All that portion of the North half of the Southwest quarter of the Northeast qumier of Section
20, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County,
Arizona, more particularly described as follows:
Beginning at the Northwest comer of the Southwest quarter of the Northeast qumier of said
section 20;
Thence North 89 degrees 42 minutes 16 seconds East along the North line of said Southwest
quarter, 629.92 feet to the Point of Beginning;
Thence continuing North 89 degrees 42 minutes 16 seconds East along said NOlih line, 709.68
feet to the
Northeast comer of said Southwest quarter;
Thence South 00 degrees 31 minutes 35 seconds West along the East line thereof, 496.25 feet~
Thence South 89 degrees 40 minutes 39 seconds West, 504.94 feet;
Thence North 44 degrees 56 minutes 00 seconds West, 82.60 feet;
1
, ,
r
Thence North 08 degrees 24 minutes 00 seconds West, 249.00 feet;
.=..-:
Thence North 42 degrees 19 minutes 00 seconds West, 125.00 feet;
Thence North 12 degrees 15 minutes 00 seconds West, 100.47 feet to the Point of Beginning.
1
AND
Page 8
(2) The Schwebel Parcel:
The South 1644.03 feet of the East 1060.02 feet of the Southwest Quarter of Section 17,
Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County,
Arizona
i
:3
6
Page 9