HomeMy WebLinkAbout02/20/2007 Blue Sheet San Lucas Easements
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
February 20, 2007
AGENDA ITEM:
1.1
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2007-21: Relating to Real Estate; approving and
authorizing the Town Manager to execute certain easements that
the Developer inadvertently failed to reserve when dedicating to
the Town of Marana Block C of the San Lucas Master Block Plat.
DISCUSSION
On September 5,2006, the Council adopted Resolution No. 2006-136, approving and authorizing
the execution of the Second Amendment to the San Lucas Development Agreement between the
Town of Marana and BCIF Group, LLC. The Second Amendment facilitated the transfer of
Block C of the San Lucas Master Block Plat, identified as a school/park site, to the Town for
park and public recreation purposes, until it is needed by the Marana Unified School District for
a school site.
When Block C was dedicated to the Town pursuant to the Second Amendment, the Town and the
Developer were aware that a thirty-foot sewer easement would need to be dedicated to Pima
County within the south 75 feet of Block C, and it therefore authorized the Town Manager to
execute the sewer easement to Pima County. That has occurred. However, it has now become
clear that two additional easements are needed from San Lucas Block C that were not addressed
in the Second Amendment.
First, there is a storm drain located for the most part between the sewer easement and the south
property line, angling northward as it reaches the west end of the property. A legal description
and map of the storm drain are attached to the proposed easement, which is provided with this
bluesheet.
Second, an additional strip of property along the north property line of Block C is needed for the
linear park improvements. For the most part, this additional easement is ten feet in width, al-
though it widens to twenty feet as it reaches the northeastern most part of Block C. The legal
description and map of this proposed slope and drainage easement are also provided with this
bluesheet.
The dedication of Block C was never intended to interfere with the overall planned development
of the San Lucas Development, and the Town and the Developer are required under the terms of
the original San Lucas Development Agreement to undertake all things necessary in good faith to
carry out the intention of the Development Agreement as amended. The dedication of these
{00004023.DOC /}
FJC/cds 2/7/07
easements carry out the overall purpose for the Development Agreement, as amended, and are an
exercise of the continued good faith and cooperation anticipated by the Development Agreement.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2007-21, approving and authorizing the Town
Manager to execute the Drainage Easement and the Slope and Drainage Easement in San Lucas
Block C.
A TT ACHMENT(S)
Drainage Easement; and Slope and Drainage Easement.
SUGGESTED MOTION
I move to adopt Resolution No. 2007-21.
{00004023.DOC /}
FJC/cds 2/7/07
MARANA RESOLUTION NO. 2007-21
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTAIN EASEMENTS THAT THE DEVELOPER
INADVERTENTLY FAILED TO RESERVE WHEN DEDICATING TO THE TOWN OF
MARANA BLOCK C OF THE SAN LUCAS MASTER BLOCK PLAT.
WHEREAS San Lucas Block C has been dedicated pursuant to the San Lucas
Development Agreement, as amended, to the Town of Marana for public park and recreation
purposes until it is needed as a school site; and
WHEREAS the Town and the Developer of the San Lucas project now realize that two
additional easements should have been reserved before the dedication of San Lucas Block C; and
WHEREAS execution of the easements by the Town is necessary for the San Lucas
project and carries out the spirit and obligation of cooperation among the parties, as expressed in
the San Lucas Development Agreement and its amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the easements attached to and incorporated by this
reference in this resolution as Exhibit A and Exhibit B are hereby approved, and the Town
Manager is hereby authorized to execute them for and on behalf of the Town of Marana.
BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the aforementioned easements.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of February, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00004024.DOC /}
FJC/cds 2/7/07
DRAINAGE EASEMENT AND RESTRICTIVE COVENANT
Town of Marana, an Arizona municipal corporation ("GRANTOR"), hereby grants to San Lucas
Homeowners Association, an Arizona corporation ("GRANTEE"), for the consideration of TEN
AND NOll 00 DOLLARS and other valuable consideration, a Drainage Easement in, over, through,
under, across and along that certain tract ofland situated in the Town of Marana, Pima Arizona and
more particularly described in the attached Exhibit "A" and depicted on Exhibit "B" for the
purpose of constructing, laying, maintaining, and operating over, through and upon said parcel, a
water drainage facility, including any and all necessary and convenient appurtenances thereto.
This Drainage Easement grants the right to flow surface water through the drainage system and
discharge flows upon GRANTOR's land as described in Exhibit "A" and depicted in Exhibit "B"
together with the right to forever enter upon GRANTOR's land at any and all times to repair and
clean said drainage system, providing, however, that no unnecessary damage to GRANTOR's
land shall be caused by these entries or repairs.
GRANTEE hereby releases the GRANTOR from any and all claims arising from or incidental to
the construction or maintenance of the drainage system described in the immediately preceding
paragraph.
SUBJECT TO:
Existing covenants, conditions, restrictions, rights of way and easements of record.
IN WITNESS WHEREOF, GRANTOR has executed this instrument this
February, 2007.
day of
TOWN OF MARANA, ARIZONA
Michael A. Reuwsaat, Town Manager
ApPROVED AS TO FORM:
ATTEST:
Town Attorney
Town Clerk
{00004025.DOC I}
Drainage Easement
Page 2 of 2
STATE OF ARIZONA )
County of Pima ) ss.
This instrument was acknowledged before me on
Michael A. Reuwsaat , Town Manager, on behalf of the Town of Marana.
,200_,
by
Notary Public
My Commission Expires:
{00004025.DOC !}
November 8, 2006
PSOMAS #98072-09
EXHIBIT A
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A portion of Block C of San Lucas Master Block Plat, recorded in Book 57 of Maps
and Plats at Page 55, records of Pima County, Arizona, described as follows:
BEGINNING at the southeasterly corner of said Block C, being common with the
center-east 1/16th corner of Section 22, as shown in said Block Plat;
THENCE upon the easterly line of said Block C, N 20036'14" E a distance of 16.09
feet to the POINT OF BEGINNING;
THENCE upon a line being 15.00 feet north of and parallel with the south line of said
Block C, S 89020'57" W a distance of 628.13 feet;
THENCE N 52059'46" W a distance of 282.74 feet to the west line of said Block C;
THENCE upon said west line, N 00000'24" E a distance of 18.78 feet;
THENCE S 52059'46" E a distance of 288.07 feet;
THENCE N 89027'11" E a distance of 408.72 feet;
THENCE N 89017'37" E a distance of 220.81 feet to the easterly line of said Block C;
THENCE upon said easterly line, S 20036'14" W a distance of 16.09 feet to the
POINT OF BEGINNING.
See attached Exhibit B
Prepared by:
PSOMAS
Ernest Gomez AZ. R.L.S. 27739
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SLOPE AND DRAINAGE EASEMENT
Town of Marana, an Arizona municipal corporation ("GRANTOR"), hereby grants to the San
Lucas Homeowners Association, an Arizona corporation ("GRANTEE"), for the consideration of
TEN AND NO/lOa DOLLARS and other valuable consideration, a Slope and Drainage Easement
in, over, through, under, across and along that certain tract of land situated in the Town of Marana,
Pima Arizona and more particularly described in the attached Exhibit "A" and depicted on
Exhibit "B" for the purpose of constructing, laying, maintaining, and operating over, through
and upon said parcel, a water drainage facility and slope, including any and all necessary and
convenient appurtenances thereto and any re-vegetation and related irrigation.
This Drainage and Slope Easement grants the right to construct and maintain a Slope, and a
drainage system upon GRANTOR's land as described in Exhibit "A" and depicted on Exhibit
"BOO together with the right to forever enter upon GRANTOR's land at any and all times to repair
and clean said slope or drainage system, providing, however, that no unnecessary damage to
GRANTOR's land shall be caused by these entries or repairs.
GRANTEE hereby releases the GRANTOR from any and all claims arising from or incidental to
the construction or maintenance of the slope or drainage system described in the immediately
preceding paragraph.
SUBJECT TO:
Existing covenants, conditions, restrictions, rights of way and easements of record.
IN WITNESS WHEREOF, GRANTOR has executed this instrument this
February, 2007.
day of
TOWN OF MARANA, ARIZONA
Michael A. Reuwsaat, Town Manager
ApPROVED AS TO FORM:
ATTEST:
Town Attorney
Town Clerk
{00004026.DOC / 2}
STATE OF ARIZONA )
County of Pima ) ss.
This instrument was acknowledged before me on
Michael A. Reuwsaat, Town Manager, on behalf of the Town of Marana.
,200_,
by
My Commission Expires:
{00004026.DOC /2}
Notary Public
,."u.t._""'.,....
December 7, 2006
PSOMAS #98072-21 b
EXHIBIT A
LEGAL DESCRIPTION
SLOPE & DRAINAGE EASEMENT
A portion of Block C of San Lucas Master Block Plat, recorded in Book 57 of
Maps of Plats at Page 55, records of Pima County, Arizona, described as follows:
BEGINNING at the most northerly corner of said Block C;
THENCE upon the northwesterly line of said Block C, the following three courses
and distances:
S 58021'44" W a distance of 298.90 feet;
S 51008'00" W a distance of 352.89 feet;
S 76011'10" Wa distance of 366.65 feet to the west line of said Block C;
THENce upon said west line, S 00000'24" Wa distance of 10.30 feet;
THENCE N 76011'10" E a distance of 371.33 feet;
THENCE N 51008'00" E a distance of 354.48 feet;
THENCE S 35015'08" E a distance of 10.02 feet;
-
THENCE N 58021'44" E a distance of 298.12 feet to the southwesterly right-of-
way of Stonepipe Way of said San Lucas Master Block Plat, lying on the arc of a
non-tangent curve concave northeasterly, a radial line of said curve through said
point having a bearing of S 56000'33" W; .
THENCE northwesterly upon the arc of said right-of-way curve, to the right,
having a radius of 603.00 feet and a central angle of 1054'04" for an arc distance
of 20.01 feet to the POINT OF BEGINNING.
See attached Exhibit B
Prepared by:
PSOMAS
Ernest Gomez AZ. R.L.S. 27739
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BLOCK 7
P.O.B.-
MOST NORTHERY
COR. OF BLOCK C
LINE BEARING
L 1 S 5s021'44" W
L2 S 5100S'OO" W
L3 S 76011'10" W
L4 S 00000'24" W
L5 N 76.11'10" E
L6 N 51.0S'OO" E
L7 S 35.15'OS" E
LS N 5s021'44" E
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SAN LUCAS
BLOCK C - SCHOOL SITE
BK. 57 M&P, PGo 55
ARC LENGTH
20.01'
DELTA ANGLE
01054'04"
RADIUS
603.00'
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EXHIBIT B
DRAINAGE & SLOPE EASEMENT
A portion of Block C of San Lucas Master Block Plat,
recorded in Book 57 of Maps of Plats at Page 55,
records of Pima County, Arizona
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98072-21 b
DA TE: Dec. 06 . DRAWN BY: mrf