HomeMy WebLinkAboutResolution 2019-111 Approving the First Amendment to Villages of Tortolita Development Agreement MARANA RESOLUTION NO. 2019-111
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN THE FIRST AMENDMENT TO VILLAGES OF TORTOLITA
DEVELOPMENT AGREEMENT
WHEREAS the Town of Marana adopted Marana Ordinance No. 2017.023 on
November 7, 2017, which (among other things) authorized the execution of the
"VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT" (the "Original Agreement"), which
was recorded in the Pima County Recorder's office on April 16, 2018 at Sequence
20181060069 and recorded in the Pinal County Recorder's office on April 17, 2018 at Fee
Number 2018-028230; and
WHEREAS changed circumstances since the execution of the Original
Agreement have caused the parties to negotiate the First Amendment to Villages of
Tortolita Development Agreement; and
WHEREAS the Marana Town Council finds that the First Amendment to
Villages of Tortolita Development Agreement is in the best interest of the Town and its
citizens and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, approving and authorizing the Mayor to sign the First Amendment
to Villages of Tortolita Development Agreement in the form provided in the agenda
materials associated with this Council agenda item, and authorizing Town staff to carry
out its terms.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 29th day of October, 2019.
t[1)----W-4- --..„
Mayor Ed nea
ATTE.T: APPROVER AS 0 FORM:
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Cherry L. L. sen, Town Clerk rank Cassid Town Attor' ey
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00066229.DOCX/1 �'�"�'►
Marana Resolution No.2019-111 MARANA AZ 10/16/2019 10:07 AM
-.Tfial'<..en 1077
FIRST AMENDMENT TO VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT
Town of Marana, Arizona
THIS FIRST AMENDMENT TO VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into by and between the TOWN OF MARANA (the
"Town"), an Arizona municipal corporation; and TMR INVESTORS, LLC ("TMR"), an Ari-
zona limited liability company. The Town and TMR are sometimes collectively referred
to as the "Parties," either of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into the "VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT"
(the "Original Agreement"), which was recorded in the Pima County Recorder's office
on April 16, 2018 at Sequence 20181060069 and recorded in the Pinal County Recorder's
office on April 17, 2018 at Fee Number 2018-028230.
B. Among other things, the Original Agreement provided for TMR's construction of
the "Adonis Road Improvements" as defined and described in the Original Agreement,
which included construction of Adonis Road as a "two-lane paved roadway extending
from the current eastern terminus of Grier Road pavement (located about 770 feet east of
Grier Road's intersection with Galleno Avenue) to Tangerine Road, as detailed in Ex-
hibit B" to the Original Agreement.
C. TMR timely submitted the design plans for the Adonis Road Improvements in ac-
cordance with subparagraph 3.a. of the Original Agreement, but final approval of the
plans has been delayed by unanticipated and expensive design requirements imposed by
a third party for approval to have the Adonis Road Improvements cross the Central Ari-
zona Project (CAP) siphon.
D. TMR's submission of the design plans included stock -tight fencing along the new
portions of Adonis Road through properties being used for grazing, but follow-up dis-
cussions between representatives of TMR and the Town have revealed a disagreement
between the Parties about whether the stock -tight fencing is appurtenant to construction
and is TMR's responsibility or is appurtenant to right-of-way acquisition and is the
Town's responsibility.
E. TMR's submission of the design plans did not include relocation of an irrigation
ditch along a new portion of Adonis Road through a property being used for farming,
but TMR has agreed in follow-up discussions to relocate the irrigation ditch.
00065341.DOCX /6 10/11/2019 3:41 I'M
FIRST AMENDMENT TO VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT
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the CAP siphon. This segment of roadway is referred to in this Amendment as
the "Mandarina Road Link" and is depicted on Exhibit E with the label "Man-
darina Blvd."
The "Adonis Road Improvements" shall include all of the following:
i. The installation of stock -tight fencing on both edges of the 75 -foot Adonis
Road right-of-way from the Patton Road alignment (the north -south section
line shared by sections 25 and 26, Township 11 South, Range 11 East) to the
north property line of the Mandarina Property, where it shall connect to the
stock -tight fencing in subparagraph ii below.
ii. The installation of stock -tight fencing on both edges of the 150 -foot Ado-
nis Road right-of-way from the north boundary of the Mandarina property to
Mandarina Link Road (as shown on Exhibit E).
iii. The installation of stock -tight fencing on both edges of the 51 -foot Man-
darina Road Link right-of-way from Adonis Road to Tangerine Road (as
shown on Exhibit E).
iv. Relocating the irrigation ditch from its current location near the north
boundary of the land currently being used for farming (specifically, the land
covered by the subdivision plat of La Mirage Estates, Pima County Recorder's
office Book 52 of maps and plats at page 82) to a new location along the south
right-of-way line of Adonis Road.
The "Adonis Road Improvements" shall exclude all of the following:
i. Any additional costs to design and construct the Adonis Road crossing of
the CAP siphon.
ii. Any additional costs to design and construct Adonis Road east of the
CAP siphon to Tangerine Road.
iii. All Tangerine Road signalization costs.
2. Town contribution toward the cost to install stock -tight fencing. In settlement of the Par-
ties' dispute about who is responsible to install stock -tight fencing, the Town shall pay
TMR $85,000 within 30 days after the Effective Date of this Amendment toward the cost
of installing stock -tight fencing.
3. TMR submission ofgeotechnical information. Within 30 days after the Effective Date of
this Amendment, TMR shall submit to the Town Engineer sufficient geotechnical infor-
mation to determine whether the roadway construction will require more than a two-
inch asphalt road on a six-inch aggregate base, as provided in Exhibit B to the Original
Agreement and Exhibit A to this Amendment.
4. No TMR responsibility for the design of the realigned portion of Adonis Road or the Man-
darina Road Link. TMR has no responsibility to design the realigned portion of Adonis
00065341.DOCX /6 10/11/20193:41 PM
FIRST AMENDMENT TO VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT
-3-
they shall have the same force and effect as though all the signers had signed a single
signature page.
c. Exhibits referred to in and attached to this Amendment are incorporated by ref-
erence as if set forth in full in the text of this Amendment.
d. This Amendment is subject to A.R.S. § 38-511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the last
date set forth below their respective signatures, with an Effective Date determined as set
forth in paragraph 7 above.
THE "TOWN":
TOWN OF MARANA, an Arizona municipal
corporation_
By: ✓/ V
Ed Hone4, Mayor
Date: 16 L-30 It?
ATTEST:
Cherry L. La on, Town Clerk
STATE OF ARIZONA
MY
County of
"TMR":
TMR INVESTORS, LLC, an Arizona limited
liability company ("TMR")
By: TMR MANAGEMENT, LLC, an Arizona
limited liability company, its
Manager
By: ZIPPRICH GROUP, LLC, an Arizona
limited liability company, its
Member
By:
Michael B. Zipprich, Manager
Date:
By: INCA CAPITAL 1, LLC, an Arizona
limited liability company, its
Member
in
William Cleverly, Manager
Date:
The foregoing instrument was acknowledged before me on by
Michael B. Zipprich, Manager of ZIPPRICH GROUP, LLC, an Arizona limited liability
company, a Member of TMR MANAGEMENT, LLC, an Arizona limited liability company,
00065341.DOCX /6 10/11/2019 3:41 PM
FIRST AMENDMENT 1'O VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT
-5-
Manager of TMR INVESTORS, LLC, an Arizona limited liability company, on behalf of
TMR.
Pamela J. Hams
Notary Public - Arizona
Maricopa County
My Commission Expires
July 24, 2020
STATE OF ARIZONA )
ss
M" '�'
'4cu
tary Public
County of MaAro Aft )
The foregoing instrument was acknowledged before me on N Oygmba i, 20l `1 by
William Cleverly, Manager of INCA CAPITAL I, LLC, an Arizona limited liability
company, a Member of TMR MANAGEMENT, LLC, an Arizona limited liability company,
Manager of TMR INVESTORS, LLC, an Arizona limited liability company, on behalf of
TMR.
hall
Pamela J. Harris
Notary Public - Arizona
Maricopa County
Pray Commission Expires
' July 24, 2020
LIST OF EXHIBITS
N ry Public
Exhibit A Detailed description of the Adonis Road Improvements (as revised by
this Amendment)
Exhibit B Legal description and depiction of the Adonis Road right-of-way
transition immediately north of the Mandarina Property (Note:
Reference to this exhibit is found in Exhibit A)
Exhibit C Legal description and depiction of Adonis Road right-of-way through
the Mandarina Property (Note: Reference to this exhibit is found in
Exhibit A)
Exhibit D Legal description and depiction of Mandarina Road Link right-of-way
through the Mandarina Property (Note: Reference to this exhibit is
found in Exhibit A)
Exhibit E Map of stock -tight fence locations on the Mandarina Property
00065341.DOCX /6 10/11/2019 3:41 PM
FIRST AMENDMENT TO VIL.L,AGES OF TORTOLITA DEVELOPMENT AGREEMENT
-6-
EXHIBIT B TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
September 23, 2019
Psomas #7MAN190101
EXHIBIT A
LEGAL DESCRIPTION
RIGHT-OF-WAY
A portion of that parcel recorded in Docket 10814, Page 781, records of Pima County,
Arizona, located in the southwest one-quarter of Section 25, Township 11 South,
Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as
follows:
COMMENCING at the southwest corner of said Section 25, monumented by a 3-1/4"
aluminum cap, marked '711 S, R11 E, S261S25/S35IS36, PSOMAS 2006, RLS 18557"
from which the south one-quarter corner of said section, monumented by a lead
capped pipe, marked "X", bears N 89°31'27" E (basis of bearing for this legal
description) a distance of 2646.83 feet as shown in Record of Survey Book 55, Page
84, records of said .Pima County;
THENCE along the south line of the southwest one-quarter of said Section 25,
N 8931'27" E a distance of 1838.62 feet to the POINT OF BEGINNING;
THENCE N 18035'38" W a distance of 296.30 feet to a point of cusp on the westerly
line of that 75 -foot -wide right-of-way recorded in Seq. No. 20181800820 and record of
survey Seq. No. 20190660153, said point being on a tangent curve, concave to the
northeast;
THENCE upon said westerly line, southeasterly upon the arc of said curve, to the left,
having a radius of 1275.00 feet and a central angle of 14000'43" for an arc distance of
311.81 feet to the south line of said southwest one-quarter;
THENCE upon said south line, S 89°31'27" W a distance of 39.92 feet to the
POINT OF BEGINNING.
Containing an area of 3,645 square
feet, more or less.
See Exhibit B attached hereto and
made a part hereof.
Prepared By:
Psomas
Ernest Gomez, AZ. R.L.S. 27739
T:\7MAN190101\SURVEY\LEGALS\RW-3.rtf 1 of 1
EXHIBIT C TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
September 18, 2019
Psomas #7MAN 190101
EXHIBIT A
LEGAL DESCRIPTION
RIGHT-OF-WAY
A portion of those parcels recorded in Docket 13752, Page 852, records of Pima
County, Arizona, located in Section 36, Township 11 South, Range 11 East, and in
General Land Office Lot 3 of the southwest one-quarter of Section 31, Township 11
South, Range 12 East, Gila & Salt River Meridian, Pima County, Arizona, described as
follows:
COMMENCING at the northwest corner of said Section 36, monumented by a 3-1/4"
aluminum cap, marked "711 S, R11 E, S261S25/S35IS36, PSOMAS 2006, RLS 18557"
from which the north one-quarter corner of said section, monumented by a lead
capped pipe, marked "X", bears N 89°31'27" E (basis of bearing for this legal
description) a distance of 2646.83 feet as shown in Record of Survey Book 55, Page
84, records of said Pima County;
THENCE along the north line of the northwest one-quarter of said Section 36,
N 89°31'27" E a distance of 1838.62 feet to the POINT OF BEGINNING;
THENCE continue along the said north line, N 89°31'27" E a distance of 157.83 feet;
THENCE S 18035'38" E a distance of 531.22 feet to a point of curvature of a tangent
curve concave to the northeast;
THENCE southeasterly upon the arc of said curve, to the left, having a radius of
1325.00 feet and a central angle of 31036'36" for an arc length of 731.00 feet;
THENCE S 50012'14" E a distance of 2417.41 feet to a point of curvature of a tangent
curve concave northerly;
THENCE easterly upon the arc of said curve, to the left, having a radius of 1325.00
feet and a central angle of 45005'29" for an arc length of 1042.77 feet;
THENCE N 84042'17" E a distance of 255.19 feet to a point of curvature of a tangent
curve, concave southerly;
THENCE easterly upon the arc of said curve, to the right, having a radius of 1475.00
feet and a central angle of 35°01'09" for an arc length of 901.52 feet to the east line of
said parcel recorded in Docket 13752, Page 852 and shown in said record of survey;
THENCE upon said east line, S 00°37'06" E a distance of 176.31 feet;
TA7MAN 1901 01\SURVEY\LEGALS\RW-1. rtf Page 1 of 2
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SCALE: 1 = 1000' RIGHT-OF-WAY
0 1000 2000 A PORTION OF THOSE PARCELS RECORDED IN DK. 13752, PG, 852,
RECORDS OF PIMA COUNTY, ARIZONA, LOCATED IN SECTION 36,
P S O M A S T -11-S, R -11-E, AND IN G.L.O. LOT 3 OF THE SW)/4 OF SECTION 31,
333 E. Wetmore Road, Suite 450 T-11- S, R -12-E, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
Tucson, AZ 85705
(520) 292-2300 (520) 292-1290 fox
> www.peomae.com DATE: SEPTEMBER, 2019 a DRAWN BY: SM
7MAN190101
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0 1000 2000 A PORTION OF THOSE PARCELS RECORDED IN DK. 13752, PG, 852,
RECORDS OF PIMA COUNTY, ARIZONA, LOCATED IN SECTION 36,
P S O M A S T -11-S, R -11-E, AND IN G.L.O. LOT 3 OF THE SW)/4 OF SECTION 31,
333 E. Wetmore Road, Suite 450 T-11- S, R -12-E, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
Tucson, AZ 85705
(520) 292-2300 (520) 292-1290 fox
> www.peomae.com DATE: SEPTEMBER, 2019 a DRAWN BY: SM
7MAN190101
EXHIBIT D TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
September 23, 2019
Psomas #7MAN 190101
EXHIBIT A
LEGAL DESCRIPTION
RIGHT-OF-WAY
A portion of those parcels recorded in Docket 13752, Page 852, records of Pima
County, Arizona, located in General Land Office Lot 3 and Lot 4 of the southwest one-
quarter of Section 31, Township 11 South, Range 12 East, Gila & Salt River Meridian,
Pima County, Arizona, described as follows:
COMMENCING at the southwest corner of said Section 31, monumented by a 2-1/2"
aluminum cap, marked "T11 S, R11 E, S1 IS6/S36IS31, T12S, R12E, PSOMAS, RLS
18557", from which the west one-quarter corner of said section, monumented by a 1/2"
rebar, bears N 00°42'58" W (basis of bearing for this legal description) a distance of
2644.10 feet as shown in Record of Survey Book 55, Page 84, records of said Pima
County;
THENCE upon the west line of said southwest one-quarter of Section 31,
N 00°42'58" W a distance of 2153.73 feet to the proposed southerly right-of-way of
Adonis Rd, lying on the arc of a non -tangent curve, concave northerly, a radial line of
said curve through said point having a bearing of S 01'36'41" E;
THENCE easterly upon the arc of said curve, to the left, having a radius of 1475.00 feet
and a central angle of 3°41'02" for an arc length of 94.84 feet;
THENCE N 84042'17" E a distance of 255.19 feet to a point of curvature of a tangent
curve, concave southerly;
THENCE easterly upon the arc of said curve, to the right, having a radius of 1325.00
feet and a central angle of 10°25'33" for an arc length of 24 1. 10 feet to the POINT OF
BEGINNING;
THENCE continue easterly upon the arc of said curve, to the right, having a radius of
1325.00 feet and a central angle of 4°27'30" for an arc length of 103.10 feet to a point of
cusp of a radial curve, concave southeasterly;
THENCE southwesterly upon the arc of said curve, to the left, having a radius of 25.00
feet and a central angle of 95009'29" for an arc length of 41.52 feet;
THENCE S 4°25'51" W a distance of 164.10 feet to a point of curvature of a tangent
curve, concave easterly;
THENCE southerly upon the arc of said curve, to the left, having a radius of 1500.50
feet and a central angle of 32°25'16" for an arc length of 849.07 feet;
T:\7MAN190101\SURVEY\LEGALS\RW-2 MANDARINA BLVD.rtf Page 1 of 2
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SECTION 31
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EXHIBIT B-1
RIGHT-OF-WAY
A PORTION OF THOSE PARCELS RECORDED IN DK. 13752, PG. 852,
P S O M A S RECORDS OF PIMA COUNTY, ARIZONA, LOCATED IN G.L.O. LOT 3
5-333 E Wetmore Road, Sults 450 AND LOT 4 OF THE SWY4 OF SECTION 31, T-11- S, R -12-E,
() , AZ 85705
520GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
WWW.P oma c300 (520) 292—i2G0 fox
7MAN190101 DATE: SEPTEMBER, 2019 0 DRAWN BY: SM
EXHIBIT E TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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