HomeMy WebLinkAboutResolution 2019-084 Approving the Release of Assurances for Gladden Farms BLK 35 & 39MARANA RESOLUTION NO. 2019-084
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR
THE PORTION OF THE GLADDEN FARMS BLOCKS 35 & 39 PLAT THAT WAS NOT
RESUBDIVIDED BY THE GLADDEN FARMS BLOCK 35 PLAT AND ACCEPTING
PUBLIC IMPROVEMENTS FOR MAINTENANCE; AND MAKING A SCRIVENER'S
ERROR CORRECTION IN ONE OF THE ASSOCIATED ASSURANCE AGREEMENTS
WHEREAS the final plat for 'Gladden Farms Blocks 35 & 39 Lots 1-205, Blocks A,
B, & C & Common Areas: "A -1"—"A-17" (Landscape/ Utility) "B-1" — "B-12"
(Landscape/ Drainage/ Utility/ Recreation) ' (the "Gladden Farms Blocks 35 & 39 Plat")
was recorded in the Pima County Recorder's Office on 22 June 2012 at
Sequence 20121740308; and
WHEREAS a portion of the Gladden Farms Blocks 35 & 39 Plat was resubdivided
and is now governed by the final plat for 'Gladden Farms Block 35 Lots 1-105, Blocks A
& B & Common Areas "A-1" — "A-9" & "B-1" — "B-7" Common Area "A": (Landscape,
Utilities, Drainage) Common Area "B": (Functional Open Space, Utilities and Drainage)'
(the "Gladden Farms Block 35 Plat"), recorded in the Pima County Recorder's Office on
7 September 2018 at Sequence 20182500081; and
WHEREAS the Town had a third party trust assurance agreement (the "2013
Assurance Agreement") with Gladden Phase II, LLC and Title Security Agency of
Arizona, LLC, as Trustee under Trust No. 60,421, recorded in the Pima County
Recorder's office on 15 February 2013 at Sequence 20130460240, assuring the completion
of public improvements for the Gladden Farms Blocks 35 & 39 Plat; and
WHEREAS, as a result of and as of the date of the recording of the Gladden
Farms Block 35 Plat, the 2013 Assurance Agreement then covered only those portions of
the Gladden Farms Blocks 35 & 39 Plat not resubdivided and included in the Gladden
Farms Block 35 Plat; and
WHEREAS the Town has a substitute third party trust assurance agreement (the
"2018 Richmond American Assurance Agreement") with Richmond American Homes
of Arizona, Inc. and Fidelity National Title Agency, Inc., as Trustee under Trust No.
60,480, recorded in the Pima County Recorder's office on 23 March 2018 at Sequence
20180820158, assuring the completion of public improvements required to serve certain
specified lots previously covered in the 2013 Assurance Agreement; and
WHEREAS the Town has a substitute third party trust assurance agreement (the
"2018 Lennar Assurance Agreement") with Lennar Arizona, Inc. and Title Security
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Agency, LLC, as Trustee under Trust No. 201804-S, recorded in the Pima County
Recorder's office on 23 March 2018 at Sequence 201808201.59, assuring the completion of
public improvements required to serve certain specified lots previously covered in the
2013 Assurance Agreement; and
WHEREAS recital A of the 2018 Lennar Assurance Agreement incorrectly
identified the Gladden Farms Blocks 35 & 39 Plat as having been recorded in the Pima
County Recorder's office at Sequence "201217410308" but should have identified the
Gladden Farms Blocks 35 & 39 Plat as having been recorded in the Pima County
Recorder's office at Sequence 20121740308; and
WHEREAS, together, the 2018 Richmond American Assurance Agreement and
the 2018 Lennar Assurance Agreement cover all of the public improvements previously
assured by the 2013 Assurance Agreement, thereby effectively releasing the 2013
Assurance Agreement; and
WHEREAS Richmond American Homes of Arizona, Inc. and Lennar Arizona,
Inc. are collectively referred to in this resolution as the "Subdividers" and the 2018
Richmond American Assurance Agreement and the 2018 Lennar Assurance Agreement
are collectively referred to in this resolution as the "Assurance Agreements"; and
WHEREAS the Subdividers have completed the public improvements covered
by the Assurance Agreements acceptable to Town standards in accordance with the
Assurance Agreements.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana as follows:
Section 1. The Assurance Agreements are hereby released.
Section 2. The Town accepts for maintenance, including maintenance of
regulatory traffic control and street signs, approximately 1.25 miles of the following
paved streets as shown on the portion of the Gladden Farms Blocks 35 & 39 Plat that
was not resubdivided by the Gladden Farms Block 35 Plat:
• Goldenview Lane
• Amberwood Place
• Keuka Drive
• Pintail Drive
• Browns Drive
• Camden Drive
• Candywine Drive
• Scorpio Drive
• Caravelle Place
• Benz Drive
Section 3. The Town accepts for maintenance the potable water system serving
the portion of the Gladden Farms Blocks 35 & 39 Plat that was not resubdivided by the
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Gladden Farms Block 35 Plat, consisting of approximately 6,544 linear feet of potable
water line, water meters, valves, fire hydrants and appurtenances with an estimated
value of $485,124.15.
Section 4. The Town accepts for maintenance the sanitary sewer system serving
the portion of the Gladden Farms Blocks 35 & 39 Plat that was not resubdivided by the
Gladden Farms Block 35 Plat, consisting of approximately 5,955 linear feet of
conveyance system and appurtenances with an estimated value of $522,317.61.
Section 5. A scrivener's error correction is hereby made, correcting recital A of
the 2018 Lennar Assurance Agreement to identify the Gladden Farms Blocks 35 & 39
Plat as having been recorded in the Pima County Recorder's office at Sequence
20121740308.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of September, 2019.
ATTES .
Cherry L. son, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
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Resolution No. 2019-084 - 3 - 8/5/201911:16 AM