HomeMy WebLinkAboutResolution 89-031 approving a second development agreement with tortolita mountain properties RESOLUTION NO. 89-31
A RESOLUTION OF THE TOWNCOUNCIL OF THE TOWN OF MARANA,
ARIZONA APPROVING A SECOND DEVELOPMENT AGREEMENT WITH TORTOLITA
MOUNTAIN PROPERTIES LIMITED PARTNERSHIP
WHEREAS, the Town is empowered,
Section 9-500.05, to enter into development
to property in the municipality; and
pursuant to A.R.S.
agreements relating
WHEREAS, the Town Council has reviewed the second
Development Agreement between the Town of Marana and the
Tortolita Mountain Properties Limited Partnership (hereinafter
referred to as "Development Agreement"), a copy of which is
attached hereto and made a part hereof; and
WHEREAS, it has been determined by the Town Council
that it would be in the best interests of the Town and the
continued development of the Town to enter into the attached
Development Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Development
Agreement between the Town of Marana and the Tortolita Mountain
Properties Limited Partnership, attached hereto and made a part
hereof, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby
empowered to execute the attached Development Agreement on behalf
of the Town of Marana.
WHEREAS, the immediate operation of this Resolution is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Resolution shall be in full force and
effect from and after its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town
of Marana, Arizona this 17th day of October, 1989.
MAYOR
Date Signed:
ATTEST:
TOWN CLERK
APPROVED AS TO FORM:
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When recorded, return to:
Steven A. Betts, Esq.
Streich, Lang, Weeks & Cardon, P.A.
100 West Washington, Suite 2100
Phoenix, Arizona 85003
SECOND DEVELOPMENT AGREEMENT
THIS SECOND DEVELOPMENT ~REEMENT (the "Agreement") is made as of
thi s /7 day of OC/o fl.~ , 1989, by and between the TOWN OF
MARANA, an Arizona municipal corporation (the UTown"), and THE TORTOLITA
MOUNTAIN PROPERTIES LIMITED PARTNERSHIP, an Arizona 1 imited partnership
(the uDeveloperU).
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REC!TALS
. A. The Developer is the owner of that land which consists of
approximately 1868 acres and has been annexed to the Town by Ordinance No.
88.15 dated August 2, 1988, and is legally described on Exhibit DAn
attached hereto (the ITortolita PropertyU). The Developer, by and through
the Developer's predecessor in title, Pioneer Trust Company of Arizona, as
Trustee under Trust Nos. 11,900 and 11,901, and the Town entered into an
Agreement dated -August 2, 1988 (the .Pre-Annexation Agreement") providing
for, among other things, terms and conditions under which the Tortolita
Property was to be annexed to the Town, which Pre-Annexation Agreement is
hereby ratified and made a part of and incorporated into this Agrea~ent in
its entirety.
B. Pursuant to Section 5 of the Pre-Annexation Agreement, and'
further pursuant to Arizona Revised Statutes, Section 9-500.05, the Town
and the Developer have 'entered into a Development Agreement dated June 6,
1989. (the DOevelopment Agreement") in order, among other things, to
facilitate development of the Tortolita Property by providing for the
financing and acquisition or construction of water, sewer, road, drainage
and other infrastructure through the creation of a community faci 1 ities
district pursuant to Arizona Revised Statutes, Section 48-701 .tt ~t
which Development Agreement is hereby acknowledged and made a part of and
incorporated into this Agreement in its entirety.
C. Pursuant to Section 6 of the Pre-Annexation Agreement, the
Town and the Developer cooperated in the preparation of a Tortolita
Mountain Properties Specific Plan, Marana, Arizona. which plan was filed
with the Town by the Developer and dated May 3, 1989 (the aSpecific
Plan"). establishing. among other things. the type of land uses. locatiqn.
density and intensity of such land uses, and community character of the
Tortolita Property. and providing for, among. other things. the development
of a variety of housing, recreation/open space, industrial,
commerCial/business opportunities and a destination resort motel. The
Specific Plan was approved by the Town O!'l May 30, 1989 by Ordinance No.
89-21. The Specific Plan, as adopted, is hereby made a part of and
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incorporated into this Agreement in i-:s entirety as corrected herein
pursuant to paragraph 8, below.
O. Pursuant to Section 6 of the Pre-Annexation Agreement, the
Town and the Developer desire to enter into this .Agree~ent to implement
the Specific Plan. The Town and the Developer understand and acknowledge
that this Agree'I1ent is a uOevelopment AgreementU within the meaning of,
and entered into pursuant to the terms of t Arizona Revised Statutes,
Section 9-500.05, and that the terms of thi~ Agreement aM! binding upon
the Town and the Developer and their successors and assigns and such terms
run with the land.
E. The Town and the Developer acknowledge that the ultimate
development of the Tortolita Property within the Town of Marana is a
project of such magnitude that the Developer requires assurances from the
Town of the Developer's ability to complete the development of the
Tortolita Property pursuant to the Specific Plan before it will expend
substantial efforts and costs in the development of the Tortolita
Property. The Town, in order to encourage the development of the
Tortolita Property consistent with the Specific Plan, agrees to approve
the proposed uses of the Tortolita Property set forth in the SpeCific Plan
(including the types of land uses, densities and intensities of such land
uses as set forth therein) and to cooperate with the Developer and
expedite the approval and granting of pe~its, plans, rezonings and other
development approvals for the Tortolita Property in accordance with the
Specific Plan.
F. The Town finds that the deveioprnent of the Tortolita Property
pursuant to this Agree~ent will result in significant planning and
economic benefits to the Town and its residents by (i) requiring
development of the Tortolita Property consistent with the Town's approved
specific plan and its regu.lations, (ii)" increasing sales tax and other
revenues to the Town based on businesses and improv~~ents to be
constructed on the Tortolita Proper:y, and (ii;) creating jobs through new
businesses to be located on the Tortolita Property.
AGREt'~ENT
In reliance upon and for the reasons set forth above and in
consideration of the covenants set forth herein, the parties hereto agree
as follows:
1. Oeveloome~t Tn Accordance With Soecific Plan.
The Tortolita Property shall be developed in accordance with the
Specific Plan as may be amended from time to time, which Specific Plan
sets forth the basic land uses, densities and intensities of such land
uses as presently authorized for the Tortolita Property and all applicable
development regulations related thereto. The approval by the Town of the
Specific Plan and this Agreement constitutes an affirmative representation
by the Town, on which the Developer is entitled to rely, that the
Developer (a) shall be authorized to impl~~ent and proceed with the land
uses, densities and intensities, as set forth within the Specific Plan ~s
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may be amended frem time to time pursuant to paragraph 5 below, and
subject only to the development regulations contained therein,
notwithstanding any subsequent changes of the zoning or land use controls
applicable to the Tortolita Property adopted after the date of this
Agreement, or any amendments thereto or to the Specific Plan, and (b) will
be accorded through the legally required development process the approvals
reasonably necessary to permit the Developer to.implement the Specific
Plan in accord with the development review and approval process a.s set
forth in the Specific Plan, including but not 1 imited to Section VII
thereof. More specifi ca 1 ly, the Town agrees to approve or 1 ssue such
permits, plans, specifications, plats and/or rezonings of or for the
Torte 1 ita Property as may be requested by the Developer and reasonably
required consistent with the Specific Plan. The Town's failure, without
just cause as provided in this Agreement, to approve the permits, plans,
specifications, plats, rezonings and other matters reasonably necessary to
permit the Developer to implement the Specific Plan, as the same may be
modified from time to time, or any action by the Town which would
otherwise preclude the Developer from realizing the land use, densities or
intensities specified. in the Specific Plan, subject only to the
development regulations contained therein or such rules9 regulations or
official policies of the Town as provided in paragraph.2 below, shall be a
breach of this Agree."llent; provided, however, that nothing herein shall
preclude the Town from the reasonable exercise of its enacted or
promulgated review processes.
2. Reau1ation Of Oeve1ooment.
The rules, regulations and official policies applicable to and
governing the development of the Tortolita Property shall be those rules.
regulations and official policies as adopted in the Specific Plan or
existing and .in force upon the execution of this Agreement, and the Town
shall not impose or enact any a.dditional conditions, exactions,
dedications, fees, rules or regulations applicable to or governing the
development of the Tortolita Property except only as follows: (i). future
land use rules, regulations and official policies of the Town which are
not contrary to the existing land use regulations applicable to and
governing the development of the Tortolita Property. or of which the
application to the Tortolita Property has been consented to in writing by
the Developer, (ii) future land use rules, regulations and official
policies of the Town enacted in order to comply with future state and
federal laws and regulations, provided that in the event that state or
fed~ral laws or regulations prevent or preclude compliance with thi~
Agre~~e~t or the Specific Plan, such provision of this Agree."llent or the
Spec; fi c P1 an sha 11 be modi fi ed as may be necessary in order to camp ly
with such state and feder-al laws and regulations, (iii) future generally
applicable land use rules, regulations and official policies of the Town
reasonably necessary in order to 'protect the public health and safety and
not arbitrarily imposed, and (iv).future modifications of taxes or filing.
review or regulatory fees, if such taxes or fees are generally applicable
.h~ou~hout the lown.
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3. Mor~torium.
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The parties acknowledge and agree that the Specific Plan
contemplates and provides for the phasing of the development of the
Tortolita Property and that, except as expressly provided in this
Agre~~ent, no moratorium, ordinance, resolution or other land use rule or
regulation or limitation on the conditioning, rate, timing or sequencing
of the development of the Tortolita Property or any portion thereof shall
apply to or govern the development of the Tortolita Property during the
term hereof, whether affecting parcel or subdivision maps (whether
tentative, vesting tentative, or final), building permits, occupancy
permits or other entitlements to use issued or granted by the Town. In
the' event of any such subsequent action, the Developer shall continue to
be entitled to apply for and receive approvals for the implementation of
the Specific Plan in accordance with the rules, regulations and official
poliCies applicable to and governing the development of the Tortolita
Property existing and in force upon the execution of this Agre~ent
pursuant to paragraph 2 above, subject only to those future matters set
forth in paragraph 2 and in this Agreement.
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4. Pe;;odic Review And Re~orts.
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The Town and the Developer shall meet not less than annually to
review and update the status of the Development of the Tortolita Property
and to consider any amendments to the Specific Plan.or this Agre~~ent, or
both. Either party may schedule such meeting upon reasonable prior
notification to the other party. Developer shall submit reports, not less
than annually, to the Town, reviewing and updating the status of the
development of the Tortolita Property.
5. Ame~dments To Soecific Plan And Aar~c~ent.
The part; es agree to cooperate and pursue any amendments to the
Specific Plan and this Agree~ent which are reasonably necessary to
accomplish the goals expressed in the SpeCific Plan and herein and the
development of the Tortolita Property in light of any changes in market
conditions or development require.'l1ents. All amendments to the Specific
Plan or this Agre~~ent shall be in writing and must be approved and signed
by both parties. Any amendment to the Specific Plan shall be approved by
the Town as set forth in Section VII(a) of the Specific Plan, .L..e.... by
ordinance. Any amendment to this Agreement shall be approved and recorded
pursu~t to paragraph 10.10 below.
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6. Coooe;ation And Alt~;native Disout~ R@solution.
6.1 Aooointment of Re~re~entatives. To further the commitment of
the parties to cooperate in the implementation of the Specific Plan and
.thi s Agree.'11ent, the Town and the Developer each sha 11 des; gnate and
appoint a representative to act as a liaison between the -Town and its
various departments and the Developer. The initial representative for the
Town. (the IITown Representative") shall be Town Manager, and the initial
representative for the Developer shall be the Project Manager. TIJe
representatives shall be available at all reasonable times to discuss and
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review the pe;formance of the parties to this Agreement and the
develo~ment of the Tortolita Property pursuant to the Specific Plan. The
representatives may recommend amendments to the Specific Plan or this
Agre~Tient which may be agreed upon by the parties pursuant to paragraph 5
above.
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6.2 Exnedited Town Oecisions. The implementation of the Specific
Plan shall be in accordance with the development review process as set
forth in the Specific Plan. The Town and the Developer agree that the
Developer must be able to proceed rapidly with the development of the
Tortelita Property and that, accordingly, an expedited Town review process
is necessary. Accordingly, the parties agree that if at any time the
Develope; believes that an impasse has been reached with the Town Staff on
any issue affecting the Tortolita Property, the Developer shall have the
right to immedi ate 1y appeal to the Town Representative for an expedited
decision pursuant to this paragraph. If the issue on which an impasse has
been reached is an issue where a final decision can be reached by the Town
Staff, the Town Representative shall give the Developer a final decision
within fifteen (15) business days after the request for an expedited
decision is made. If the issue on which an impasse has been reached is
one where a final decision requires action by the Town Council, the Town
Re~resentative shall be responsible for scheduling a Town Council hearing
on the issue within four (4) weeks after the request for an expedited
decision is made; provided, however, that if the issue is appropriate for
review by the Town's Planning and Zoning Commission, the matte; shall be
submitted to the Commission first, and then to the Town Council. Adverse
decisions of the Town Staff pursuant to the development review and
approval process as set forth in the Specific Plan or other-w'ise may be
submi t:ed by the Developer to the Town Counc; 1, or to the P 1 ann i ng and
Zoning Ccmmission first, if appropriate, for its consideration, review and
deci si on. 80th part; es agree to continue to use reasonab 1 e good faith
efforts to resolve any impasse pending any such expedited decision.
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7. De-Fault.
Failur~ or unreasonable delay by either party to perform any term or
provision of this Agre~~ent for a period of ninety (90) days (the uCure
PeriodU) af:er written notice thereof from the other party shall
constitute a default under this Agre~~ent; provided that the Cure Period
shall commence to run upon the Developer's appeal for an expedited
decision pursuant to paragraph 6.2, above. Said notice shall specify the
nature of the alleged default and the manner in which said default may be
satisfactorily cured, if possible.
8. Te~hnical Corr~ctions.
The Specific Plan contains certain typographical or clerical errors -
described on Exhibit -B" attached hereto and incorporated he!'"ein. The
corrections and clarifications of such typographical or cler1cal e!'"rors as
shown on Exhibit DS" are hereby made to the Specific Plan, which Exhibit
DB" is made a part of and incorporated into the Specific Plan in its
entirety. Any additional typographical or clerical errors in the Specific
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Plan may be corrected or clarified by written agieement of the parties and
shall not require amendment of the Specific Plan.
9. Hotic2S And Filinqs.
9.1 Manner of Serving. All notices, filings, consents, approvals
and other communications provided for herein or given in connection
herewith shall be validly given, filed, made, delivered or served if in
writing and delivered personally or sent by registered or certified United
States Mail, postage prepaid, if to:
The Town, the
Town Council,
the Town Clerk:
with a copy to:
The Developer:
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with a copy to:
Town of Marana
12775 North Sanders Road
Marana, Arizona 8:653
Attn: Evelyn Casuga, Town Manager
John R. Moffitt, Esq.
110 South Church Street
Suite 238
Tucson, Arizona 85701
Tortolita Mountain Properties
Limited Partnership
1760 East River Road, Suite 103
Tucson, Arizona 85418
Attn: Mr. David Graham
Streich, Lang, Weeks and Cardon, P.A.
100 West Washington, Suite 2100
Phoenix, Arizona 85003
Attn: Steven A. Betts. Esq.
or to such other addresses as either party hereto may from time to time
designate in writing and deliver in a like manne!".
. 9.2 Mai1ina Effective. Notices, filings, consents, approvals and
. coamun1cation g.iven by mail sha 11 be deemed de 1 iv~red seventy-two (72)
~ours following deposit in the U.S. mail. postage prepaid and addressed as
set forth above. .
10. Genera 1 .
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10.1 Waiver.. Ho delay in exercising any right or .remedy. ~sha.l1
constitute a waiver thereof. and no waiver by the Town, the District cr
. the. Developer of the .breach of any covenant of this Agreement:s.~ar!:.:~be
construed as a waiveraf any preceding or succeeding breach or.the same. or
any other covenant or cond1 ti on of th is Agreement. . . :- .':~ ::.~~;;::::.~~:~"~'': ~
10.2 .Attornevs' Fe~s. In the event either party hereto finds it
. necessary to bring an action at law or other proceeding against the other
party to enforce any of the terms, covenants or conditions hereof. or by
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reason of any breach or default hereunder, the party prevailing in any
such action or other proceeding shall be paid all reasonable costs and
reasonab 1 e attorneys I fees by the other party, and in the event any
judgment is secured by said prevailing party. all such costs and
attorneys. fees shall be included therein, such fees to be set by the
court and not by jury. -
10.3 Counternarts. This Agre~~ent may be executed in two or mere
counterparts, each of which shall be de~~ed an original, but all of which
together shall constitute one and the same instrument. The signature
pages from one or more counterparts may be removed from such counterparts
and such signature pages all attached to a single instrument so that the
signatures of all parties may be physically attached to a single document.
10.4 Headinos. The descriptive headings of the paragraphs of this
Agreement are inserted for conveni ence only and shall not contro 1 or
affect the meaning or construction of any of the provisions hereof.
. 10.5 Exhibits. Any exhibit attached hereto shall be deemed to have
been incorporated herein by this reference with the same force and effect
.as if fully set forth in the body hereof.
10.6 Further Acts. Each of the parti es hereto shall execute and
deliver all such documents and perform all such acts as reasonably
necessary, from time to time 9 to carry out the matters conte.rrrp 1 at cd by
. this Agreement. Without limiting the generality of the foregoing, the
Town shall cooperate in goed faith and process promptly any requests and
applications for plat or permit approvals or revisions, and other
necessary approvals relating to the development of the Tortolita Property
by the Developer and its successors.
10.7 Futur~ Effect.
(a) Time Essence and Successors. Time is of the essence of
this Agree.ment. All of the provisions hereof shall inure to the benefit
of and be binding upon the successors and assigns of the parties hereto,
-.except as provided in paragraph lO.7(b), below, with respect to any Public
.. Lot. Notwithstanding the foregoing, the Developer1s rights and
obligations hereunder may only be assigned by a written instrument,
recorded in the Official Records of Pima County, Arizona, expressly
assigning such rights and obligations. In the event of a complete
assignment by Developer of all rights an~ obligations of Developer
hereunder, Developer's liability hereunder shall terminate effective upon
the assumption by Developer.s assignee, provided that the Town has
approved the assignment to such assignee, which approval shall not
unreasonably be withheld. .
- (b) Te~ination Unon Sale to Public. It is intention of the
parties that although recorded, this Agrea~ent shall not create conditions
or exceptions to title or covenants running with the Tortolita Property.
Nevertheless, in order to alleviate any concern as to the effect of this
Agreement on the status of title to any of the Tortolita Prope;ty, this
Agree.ment shall terminate without the execution or recordation of a,ny
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further docwment or instrument as to any lot which has been finally
subdivided and individually (and not in "bulkJl) leased (for a period of
longer than one year) or sold to the purchaser or user thereof (a npublic
Lot ") a."d thereupon such Pub 1 i cLot sha 11 be re 1 eased from and no longer
be subject to or burdened by the provisions of this Agreement. .
10.S No Partnershio and Third Parties.. It is not intended by this
Agreement to, and nothing contained in this Agree.rnent shall, create any
partnership, joint venture or other arrange~ent between the Developer and
the Town. No term or prov; si on of thi s Agreement ; s intended to, or
shall, be for the benefit of any person, firm, organization or corporation
not a party hereto, and no such other person, firm, organization or
corporation shall have any right or cause of action hereunder.
10.9 Entire Aar~~ment. This Agreement constitutes the entire
agreeme!1t between the parties hereto pertaining to the subject matter
hereof · All pri or and conte.'I1'poraneous agreements, representat ions and
understandings of the parties, oral or written, are hereby superseded and
merged herein except as to the Pre-Annexation Agreement, the Development
Agre~~ent and the Specific Plan.
10.10 Ame!"ldment. No change or addition is to be made to this
Agreement except by a wri tten amendment executed by the parti es hereto.
Within ten (10) days after any amendment to this Agreement, such amendment
shall be recorded, at the Developer's expense, in the Official Records of
Pima County, Arizona.
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10.11 Names and Plans. The Developer shall be the sole owner of all
names, titles, plans, drawings, specifications, ideas, programs, designs
and work products of every nature at any time deve loped, fermu 1 ated or
prepared by or at. the instance of the Deve 1 oper in connection w; th the
Tortolita: Property; provided, however, that in connection with any
conveyance of portions of the Tortolita Property to the Town such rights
pertaining to the portions of the Tortolita Property so conveyed shall be
assigned, to the extent that such rights are assignable, to the Town.
Notwithstanding the foregoing, the Developer shall be entitled to utilize
all Suc~..mater;als described herein to the extent required for the
Developer to construct, operate or maintain improvements relating to the
Tortolita Prope;ty, and the Town or the Community Facilities District to
be formed pursuant to the first Development between the parties shall be
entitled te uti 1 ize all such materials described herein to the extent
required by the Town or such District to construct, operate or maintain
improv~~a~ts financed by the Town or such District.
10.12 Good Standino~ Authoritv. Each of the parties represents and
warrants to the other (i) that it is duly formed and validly existing
under the laws of Arizona as respects the Developer, and a municipal
corporation wi thi n the State of Arizona as respects the Town, (; i) that it'
is an Arizona municipal corporation duly qualified to do business in the
State of Arizona and is in good standing unde; applicable state laws, and
(;;;) that the individual(s) executing this Agreement on behalf of the
respective parties are authorized and ~~powered to bind the party on whose
behalf eac~ such individual ;s signing.
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10.13 Seve~ab;'itv. If any provision of this Agre~~ent is declared
void or unenforceable, such provision shall be severed from this
Agre~~, which shall otherwise remain in full force and effect. If any
appliCable law or court of competent jurisdiction prohibits or excuses the
Town from undertaking any contractual corrnnitment to perfonn any act
her-eunder, this Agreement shall remain in full force and effect, but the
provision requiring such action shall be deemed to permit the Town to take
such acticn at its discretion. If, however, the Town fails to take the
action required hereunder, the Developer shall be entitled to tenninate
this Agreement.
10.14 Governina law. This Agreement is entered into in Arizona and
shall be Construed and interpreted under the laws of Arizona. In
particular. this Agreement is subject to the provisions of A.R.S. 938-511.
10.15 Re~ordation. No later than ten (10) days after this Agre~~ent
has been executed by the Town and the Developer, it shall"be recorded in
its entirety, at the Developer's expense, in the Official Records of Pima
County, Arizona.
10.16 No Deve1ooe~ Renr~seMtat;ons. Nothing contained herein or in
the Pre-Annexation Agreement, the Development Agreement or. the Specific
Plan shall be deemed to obligate the Town or the D~veloper to complete any
part or all of the development of the Tortolita Proper-ty in accordance
with the Specific Plan or any other plan, and the Specific Plan shall not
be de~'T1ed a representation or warranty by the Deve loper of any kind
whatsoever.
10.17 Default and Remedies. If any party to this Agreement is in
default under any provision of this Agreement, the non-defaulting party
shall be entitled, without prejudice to any other right or remedy that it
may have under this Agre~~ent, at law or in equity, to specific
performance by the defaulting party of this Agreement, 'or, in the
alternat1ve7.to terminate this Agre~~ent and to exercise any or all other
remedies available. to it at Jawor in equity.
10.18 Hold Harmless. The Developer hereby agrees to defend,
indemnify and hold harmless the Town, but only to the extent authorized by
law, from any and all cl aims and costs, including but not 1 imited to
reasonable attorneys I fees, and other .reasonable administrative,
ccnsu 1 tant or other reasonab 1 e costs, actually and di rect ly 1 nCtJrred by
. the Town in any subsequent judicial or administrative proceeding
challenging the approval or execution of this Agreement. .The Town agrees
that the Developer shall have the right to intervene and assist in the
defense of any legal action arising out of the approval or execution of'
this Agreement and to participate fully in any negotiations and settlement
involving any such actions. The Developer further warrants that"~.
reimbursement will be made promptly to the Town for any of the above.
referenced costs incurred or claims made within ten (lOr days of the
Developer's receipt of prior written demand for payment from the Town.
The Developer further agrees that, in the event of its failure to pay the
Town for any reasonable costs incurred or claims made as set forth above
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in a prompt and timely manner, the Developer shall pay the Town's
reasonable attorneys' fees and costs incurred in the collection of same.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written. '
TORTOLITA MOUNTAIN PROPERTIES LIMITED
PARTNERSHIP, an Arizona limited
partnership
BY: WESTINGHOUSE COMMUNITIES OF
ARIZONA, INC., an Arizona
corporation
By' .Ir~ ~.
Its Managing General
Partner .
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TOWN OF MARANA, an Arizona municipal
corporation
By
Q~m~~
Ora Mae Harn
Mayor
APPROVED AS TO FORM
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JC!11n R. Moff; tt, sq.
Attorney for Town of Marana
Date: 10/;7/1'9
ATTEST:
JfA;~~:a
o Ii CTerk ..
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STATE OF ARIZONA )
) ss.
County of Pima )
The fOM!going document was acknowledged befor~ me .the ---1L day of
(~C{(),g{;ri- 9 1989, by ~ ~ ' the
/)112,;cro,t o~ Ol:Vr Lolt-ft;iv'jof WESTINGHOU E COMMUNIT S OF ARIZONA, INC., an
Arizona corporation, which is managing general partner of TORTOLITA
MOUNTAIN PROPERTIES LIMITED PARTNERSHIP, an Arizona limited partnership,
on behalf of said corporation as managing general partner of the limited
partnership.
\().;~'-\:.~ ~\J~~,
Notary Pub 1; c
My commission expires:
'::;j -:.;ai;..;..lt.-u ~". .;__ ; .._..: i, J~?~.
STATE OF ARUONA
)
) SSe
)
County of' Pima
The foregoing document was a.cknowledged before me the day of'
t 1989, by t. the
of TOWN OF MARANA, an Arizona municipal corporation,.
for and on behalf of said municipal corporation.
Notary ,Pub 11 c
. My commission expires:
-. . . .-.
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195.001.052.A8906
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LIST OF EXHTBTTS
A.
8.
Legal Description of the Tortolita Property.
Correction/Clarification Sheets to Specific Plan
8650
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JEP.~Y A. COI..L.INS
PRESICENT
A.AUI.. FCO, C. PINA, P.t.. Itl...S.
. CENERAI.. j"lANAGiA
PA TRICK R. LAIRC. R.LS..
A.U.HAG~~ flEW:) S~VICQ .
'N'UJAM J. CINCil.fS, R.I...S.
. CONSTRUCTION j"lANACcR
Collins - Pina Consulting e.'1gineers, Inc.
630 East 9th Street. Tucson, Arizona 85705 (602) 623-7980
LEGAL DESCRIPTION
A portion of Sections 24, 25 and 35, Township 11 South, Range 12
East; all of Section 25, Township 11 South, Range 12 East; and a
por~ion of Section 1S, Township 1~ SoUth, Range 13 East, Gila,
Salt River Base & Meridian, Pima County, Arizona, being more.
pa~icularly described as fOllows;
Beginning at the Sou~~east corner of said Section 35, said point
being the TRUE. POINT OF BEGINNING;
.
TEENCE No~h 89 degrees, sa minutes,. 51 seconds West, upon the
Sou~ line of said Sec~on 3?t a distance of 1,134.22 feet;
TEENCE North 00 degrees,.
wit.~ the East line 'of said
:feet;
07 minutes, os seconds'East, parallel
Section 35, a distance of 2,535.06
THENCE South 89 deg=ees, 10 minutes, 35 seconds West, a distance
.of 350.64 feet;
TEENCE North 00 degrees, 07 minutes, OS seconds East, parallel
vith said East line, a distance of 2,552.75 feet to the North line
of said Section 35 and the South line of said Section 20;"
. ..
THENCE Nor~~ "89 degrees, 10 minutes, 35 seconds East, upon the
. South line of Section 26, 'a distance of 160.27 feet:
. ..
, ,
T~~CE North 00 degrees, 01 minutes, 50 seconds West, a distance
of 1,3~.90 feet:
" TEENCE Nor--h 89 degrees, 27 minutes,. 00 seconds East, a. distance
of 1,324.72 feet to the East line of said Section 26;
, ,
Th~CE North 00 degrees, 01 minutes, 40 seconds.West, upon said
East line, a distance of 1,313.58 feet to the East" quarter corner
of said Sec~ion 26i
TEENCE North 00 degrees, 00 minutes, 22 seConds west, upon said
East line, a distance of 2,534.94 feet to the Northeast corn~ of
saie Section 25 and the Southwest corner of said Section 24;
pas-e 1
8650
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LEGAL DESCRIPTION
(Continued)
THENCE North 00 degrees, 01 minutes, 15 seconds East, upon the
West line of said Section 24, a distance of 2,540.50 feet to the
West quarte: corner of said Section 24;
THENCE North 00 degrees, 06 minutes, 46 seconcs West, upon the
West line of said Section 24, a distance of 666.04 feet:
THENCE North 30 ~eg=ees, 00 minutes, 00 seconds East, a ~istance
of 72l.SB feet; .
THENCE Nor~h 00 degrees, 06 minutes, 46 seconds West, parallel
with said West line, a distance of 1,344.45 feet to the Nor~ line
of said Section 24;
THENCE South 60 degrees, 00 minutes, 00 seconds East, a distance
of 1,734.25 feet;
T~~C~ Sou~~ 00 degrees, 00 minutes, 00 seconds East, a distance
of 877.86 feet;
TEENCE South 50 "degrees, 00 minutes, 00 seconds East, a distance
of 900.00 feet;
T::ENCE North 00 degrees, 00 minutes, 49 seconds West, a distance
of 2,185.84 feet to said No~~ line' of Section 24;
TE.r:.~CE South a 9 degrees., 49 minutes, 05 seconds East, upon said
Nor'th li."le, oa distance of 2,643.18 feet to the Northeast corner of
said Sect.ion 24;
THENCE South 00 degrees,.. 12 mL~utes, 22 seconds West, upon the
East line of said Se~~on 24, a distance of 3~5. 70 feet to the
Northwest corner of said Section f-S i
THENCE North 89 ~egrees, 58 minutes, sa seconds East, upon the
North line of said Section 19, a distance of 2,534.75 feet to the
Northeast corner of the Northwest Quarter (NW 1/4) of said Section
~9;
THENCE South 00 degrees, 05 minutes, 3S seconds West~ a distance
of 2,638.79 feet to the Northwest corner of the Southeast Quarter
(SE ~I 4) of sai.d Section. ~9; 0 . o.
THENCE North a 9 degrees, 57 minutes, 19 seconds.. East, upon the
North line of said Southeast Quarter (SE ~/4), a cistance of
2,635.31 feet to the Northeast corne= of ~~e S~utheast Quarter (SE
1/4) of said Section 19; ;
;
Page 2
8650
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LEGAL DESCRIPTION
(Continued)
THENCE South 00 degrees, 04 minutes, 12 sec'onds West, upon the
East line of said Southeast Quarter (SE 1/4), a distance of
2,636.21 feet to the Southeast corner of said.Section 19;
TH.E:NCZ South 89 degrees, 50 minutes, , 47 seconds West, upon the
South line of said Sec~ion 19, a distance of 2,636.39 fe~t to the
Southeast corne: of the SOUthwest Quarter (SW 1/4) of said Section
19;
THENCE South 89 degrees, 59 minute~, 56 seconds West, upon said
South line, a distance of 2,542.63 feet to the Southwest corner of
said Sec~ion 19 on ~~e east line,of said Section 25;
TH.EN~E Sout.~ 00 deg::ees, 02 minutes I 15 seconds West, 'upon said"
East line of said Section 25, a distance of 2,319.49 fee~ to the
Nor~~east corne: of the Southeast Quart~= (SE 1/4) of said Section
25 ; . . ,. '::~);' : . .
THENCE continue South 00 degrees~'b2 minutes, 15 seconds West,
Upon the East line of said Southeas~:Qua=te= (SE 1/4), a distance
of 2,631.83 feet to the Southeas t :corne::: of said Sec~ion 25;
. .. .
THENCE Nor-~ 89 deg=ees, 43 minutes, 06 seconds Wes~, upon the
South line of said Section 25, a. distance of 2,629.72 feet to the
Sou~~east corne= of the Southwest Qua:te: (SW 1/4);
THENCE continue North 89.. degrees, 4~ minutes~ 06 seconds West, a
distance of 2,629.73 fe~t to the Southwest corner of said Section
25 and the N9r-_~east corner of said Section 35;
THENCE South 00 degrees, 07 minutes, 05 seconds West, upon the
East line of said Section 35, a distance of 2,652.75 feet"to the
Northeast corner ~f the Southeast Quarter (SE l/4) of said Section
35;
THENCE South 00 degrees, 07 minutes, 05 seconds West, a distance
of 2,552.74 feet to the TRUE POINT OF BEGINNING.
Said .land contains 1,877.9 acres, more or less.
Page 3
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EXHIBIT B - TECHNICAL CORRECTIONS
1.
Specif~c Plan Summary, Page I-I, Second Paragraph
· Replace reference to Arizona Revised Statutes, Section
11-825 with reference to Section 9-461.08 through
9-461.10. Title 11, which was incorrectly referenced
governs only counties=
.
2. Exhibit IV-7, Land Use Plan
· The legend for MDR--Medium Density Residential--has been
corrected to read "(12-15 RAC)" rather than "(12+ RAC)" to
conform to the Planning and Zoning Commission
Recommendation.
"
3. Exhibit IV-12a, Roadway Cross Sections II
.'Street cross sections have been corrected to show 13' wide
lanes rather than 12' lanes.
4. Paragraph G, Page VII-9
· Replace existing paragraph with the following: "In
accordance with the Arizona Revised Statutes, Section
9-461.09, Speci~ic Plans shall be adogted and amended by
resolution or ordinance. This plan is adopted by
ordinance and may be arnneded as necessary, in the same
manner it was adopted, by ordinance.1t Title 11, which
was incorrectly referenced, governs submission of specific
.plans only to counties; Title 9 governs submission to
cities and towns.
t:'
.r
5. Appendix-A, Legal Description
· Page three, the tenth paragraph beginning "excludinglt has
been deleted. The area excluded in the paragraph should
be included in the land described.
· Page three, total acreage has been corrected to read
"1877.9" rather than "1867.9".
: f'
6. Appendix C, Soils Report
Appendix'D, Recommended Landscape Plan Palette
Appendix E, Tumamoc Globeberry Assessment
Appendix F, Utility Response .
· These appendices were erroneously left out. of the plan.
7. Appendix P, Tortolita Road Map, Tangerine/Moore'
· The map entitled Appendix P is not the correct exhibit; it
should be 'deleted and replaced with the correct Appendix P,
attached.
8. Appendix K, Improvement Plan--Design Certification Option
· This appendix was erroneously included in the plan. ;
Appendix K is superseded by page VII-7 and should be i
deleted.
8650 '2197
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Council shall approve, conditionally approve, or if not consistent with the
.Specific Plan, modify or deny the application for plat approval. '
E.
GENERAL ADMINISTRATION
The Tortolita Mountain Propenies Specific Plan shall be administered and
enforced by the Town of Marana and the TortoIita Mountain Properties
Limited Partnership Development Review Committee, in accordance with the
provisions found within the Tortolita Mountain Properties Specific Plan.
E
SUBDMsrON
Title 6. Subdivisions of the Town of Marana Development Code, as adopted
on May 14, 1984 and all amendments to the Development Code approved
by the Town Council prior to February 14, 1989, shall apply to all
development within the Specific Plan area required to obtain approval of
subdivision maps except where in conflict with this Specific Plan. In areas
of conflict, the Specific Plan shall supercede the Town of Marana
Development Code. The subdivision process will allow for the creation of
lots through the approval of final plats which will allow for implementation
of the phasing plan. Review by the Town Planning Commission is not
required and submission of tentative plats and preliminary plans are optional
. and not required. The maximum review times for final plat approval is 60
. days, building permits for residential is 45 days, others ate 60 days; plan
. review for roads and utilities is 30 days. The Town Council shall continue
to 'consider the recommendation of the Town staff incl utling the Zoning
Administrator and Town Engineer before taking any action under the terms
of this Specific Plan as provided for in Title 6 of the aforementioned Code.
Review and approval of subdivision maps will set forth the various conditions
necessary to ensure the improvement of streets, adequacy of parks and school
sites, utilities, drainage and other services.
G.
AMENDMENT PROCEDURES
. In accordance with the Arizona Revised Statutes, Section 9-461.09, Specific
Plans shall be adopted and amended by resolution or ordinance. This plan
is adopted by ordinance and may be amended as necessary, in the same
manner it was adopted, by ordinance.
VII-9
8650
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SPECIFIC PIAN SUMN1ARY
The Tortolita Mountain Properties Specific Plan establishes compre,hensive guidance
and regulations for the development of approximately 1,877.9 acres located in
Marana, Arizona. The Specific Plan will establish the development regulations and
programs for the implementation of the approv~d land use plan. The Specific Plan
will provide the parameters to implement the Land Use Plan by establishing policies
and regulations which will replace and supersede the current property zoning and
other Town development. The Plan is regulatory, adopted by ordinance.
The authority for preparation of Specific Plans is found in the Arizona Revised
Statutes, Section 9-461.09. The law allows preparation of Specific Plans based on
the General Land Use Plan, as may be required for the systematic execution of the
General Land Use Plan and further, allows for their review and adoption.
,.
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8650
2199
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Al'PENDIX A
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JERRY A. CO~LINS
PRESIOENT
RAUl.. FCO. G. PI;:;", P.E.. R.L.S.
GENERAl.. M"'NAGER
PA TRICK R. LAIRO. P..l.$.
MANACER. FIELO SERVICES
Wll..l.lAM J. GINGl.ES. R..L.s.
CONSTRUCTION MANACER
Collins - Pina Consulting Engineers. Inc.
630 East 9th Street. Tucson, Arizona 85705 (602) 623-7980
LEGAL DESCRIPTION
A po~tion of Sections 24, 26 and 35, Township 11 South, Range 12
East; all of Section 25, Township 11 South, Range 12 East; and a
portion of Section 19, Township 11 South, Range 13 East, Gila'
salt River Base , Meridian, Pima County, Arizona, being more
particularly described as follows;
. .
Beginning at the Southeast corner of said Section 35, said point
being the TRUE POINT OF BEGINNING;
~HENCE North 89 degrees, 58 minutes, 51 seconds West, upon the
South line of said'Section 35, a distance of 1,134.22 feet;
THENCE North 00 degrees,
with the Eas4 line of said
feet;
07 minutes, OS second~'East, parallel
Section 35, a distance of 2,636.06
~HENCE South 89 degrees,
of 350.64 feet;
10 minutes, 36 seconds West, a distance
~HENCE North 00 degrees, 07 minutes, 05 seconds East, parallel
with said East line, a distance of 2,652.75 feet to the North line
of said Section 35 and the South line of said Section 26;
. -
. .-
THENCE North 89 degrees, 10 minutes, 36 seconds East, upon the
South line of Section 26, a distance of 160.27 feet;
THENCE North 00' degrees, 01 minutes, 50 seconds West, a distance
of 1,319.90 feet;
~HENCE North 89 degrees, 27 minutes, 00 seconds East, a distance
of 1,324.72 feet to the East line of said Section 26;
THENCE North 00 degrees, 01 minutes, 40 seconds West, upon said
East line, a distance of 1,313.58 feet to the East quarter corner
of said Section 26;
THENCE North 00 degrees, 00 minutes, 22 seconds West, upo~ said
East line, a distance of 2,634.94 feet to the Northeast corner of
. said Section 26 and the Southwest corner of said Section 24;
Page 1
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LEGAL DESCRIPTION
(Continued)
THENCE North 00 degrees, 01 minutes, 15 seconds East, upon the
West line of said Section 24, a distance of 2,640.50 feet to the
West quarter corner of said Section 24;
THENCE North 00 degrees, 06 minutes, 46 seconds West, upon the
West line of said Section 24, a distance of 666.04 feet;
1
i
THENCE North 30 degrees, 00 minutes, 00 seconds East, a distance
of 721.58 feet; .
THENCE North 00 degrees, 06 minutes, 46 seconds West, parallel
with said West line, a distance of 1,344.45 feet to the North line
of said Section 24;
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THENCE South 60 degrees, 00 minutes, 00 seconds East, a distance
o~ 1,734.26 feet;
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THENCE South 00 degre~s, 00 minutes, 00 seconds East, a distance
of 877..86 feet;
~Ir
~. THENCE South 60 degrees, 00 minutes, 00 seconds East, a distance
f'..."
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THENCE North 00 degrees, 00 minutes, 49 seconds West, a distance
of 2,185.84 feet to said North line.of Section 24;
THENCE South 89 degrees, 49 minutes, 06 seconds East, upon said
North line, a distance of 2,643.18 feet to the Northeast corner of
said Section '24;
THENCE South 00 degrees, . 12 minutes, 22 seconds West, upon the
East line of said Section 24, a distance of 315.70 feet to the
Northwest corner. of said Section 19;
THENCE North 89 degrees, 58 minutes, 58 seconds East, upon the
North line of said Section 19, a distance of 2,534.75 feet to the
Northeast corner of the Northwest Quarter (NW 1/4) of said Section
19;
THENCE South 00 degrees, 05 minutes, 35 seconds West, a distance
of 2,638.79 feet to the Northwest corner of the Southeast Quarter
(SE 1/4)' of said Section 19;
THENCE North 89 degrees, 57 minutes, 19 seconds East, upon the
North line of said Southeast Quarter (SE 1/4), a cistance of
2,635.31 feet to the Northeast corner of the Southeast Quarter (SE
1/4) of said Section 19;
,
;
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8650
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LEGAL DESCRIPTION
(Continued)
THENCE South 00 degrees, 04 minutes, 12 seconds West, upon the
East line of said Southeast Quarter (SE 1/4), a distance of
2,636.21 feet to the Southeast corner of said Section 19;
THENCE South 89 degrees, 50 minutes, 47 seconds West, upon the
South line of said Section 19, a distance of 2,636.39 feet to the
Southeast corner of the Southwest Quarter (SW 1/4) of said Section
19;
THENCE South 89 degrees, 59 minutes, 56 seconds West, upon said
South line, a distance of 2,542.63 feet to the .Southwest corner of
said Sec~ion 19 on the east line of said Section 25;
THENCE South 00 degrees, 02 minutes, 15 seconds West, upon said
East line of said Sec~ion 25, a distance of 2,319.49 fee~ to the
Northeast corner of the Southeast Quarter (SE 1/4) of said Section
25;
THENCE continue South 00 degrees, 02 minutes, 15 seconds West,
upon the East line of said Southeast Quarter (SE 1/4), a distance
of 2,631.83 feet to the Southeast corner of said Section 25;
THENCE North 89 degrees, 43 minutes, 06 seconds West, upon the
South line of said Section 25, a. distance of 2,629.72 feet to the
Southeast corner of the Southwest Quarter (SW 1/4) ;
THENCE continue North 89 degrees, 43 minutes, 06 seconds West, a
distance of 2,629.73 feet to the Southwest corner of said Section
25 and the Northeast corner of said Section 35;
THENCE South 00 degrees, 07 minutes, 05 seconds West, upon the
East line of said Section 35, a distance of 2,652.75 feet to the
Northeast corner of the Southeast Quarter (SE 1/4) of said Section
.35 ;
THENCE South 00 degrees, 07 minutes, 05 seconds West, a distance
of 2,652.74 feet to.the TRUE POINT OF BEGINNING.
Said land contains 1,877.9 acres, more or less.
Page 3
8650
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Grein er
G r.ein ISr. Inc_
555 E. River Road. Suile 100
Tuc::on. Ariz.ona S5704-Sa22
(6023 SS7.t SOO
FAX: (6023 887.8438
January 8, 198B
Hr. David Graham
Westinghouse Co~unities of Arizona~ Inc.
1750 East River Road, Suite 103
Tucson, Arizona 85718
Re: Pre1jminary Geotechnical Engineering Assessment
Greiner Job no. ~017.03
Dear David:
In accordance with our discussion~~ Gre1ner~ Inc.-has reviewed the
Geptechnical Soils Report furnished by Desert Earth Engineering dated '
January 4, 1988.
In general, there are three differ~nt types of soil cross-sections
represented.
-.1
The first is characterized by tr~nchs T-1,3 and S where trenching is easy
to 14+ feet..
. .
The second is cJ1aracterized by trench T-4. . This trench has a heavily
c~ented and tight1y bound soil matrix starting at roughly 5.5. feet. This
dense material is re1ative1y c~on within the greater Tucson basin and
represents no great probl~ for tr~nchlng lines or cuts (the cost estimat~
used per font 1.s adequ.tre). Al so nct1ceable is the fact that und~r the
p.e11minary layouts proposed to date.. no deep trenching is anticipated near
this particular pocke.t of material. .
. .The third section is represented by trench T-Z (the stone house) ~here Ye~
hard rock is encountered at 5.5 feet. A visual inspection made this
find1ng expected and 'ftithin the realm of. expectation. for- placement of the
wate.r tank. .' .'
In ;~ary. the soils in~est1gation confir.:s our anticipation of wo.kable
conditions for construction and trenching and no ~dffications need be made
at this point ;n time to-the construction cost estimates provided.
Should you have further questions. please call.
Si nee.rely.
~~.
~ -==-;;Si2~
RyaL G. Sale, P.E.
~~9ineering Manager
($)
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January 4, 1980
87 -523
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Greine~ Engineering Sciences
At:n: Ryan G. Sale. P.E.
555 E. River Road. Suite 100
Tucson, Arizona 85704
Re: Preliminary Geotechnical Engineering Assessment
.Approximately 2000 Acres of the Westinghouse Tortolita Property
Pima County, Arizona
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As requested on December 3D, 1987, Desert Earth Engineering conducted a
~ield reconnaissance and preliminary geotechnical/geological assessment at the
lbove-captioned site. A total of 5 trenches were excavated on approximately
~OOO acres to provide preliminary indications of allowable penetration depths
lnd various subsurface conditions in different areas throughout the subject
lroperty. . " "
The results of our preliminary assessment indicated that the subsurface
(- nditions vary substantially throughout the property. The enclosed site
.....,. ,fan ~ Figure 1, .shows where the S trenches are located throughout the
:roperty. Also, shown on this site plan are the portions of the property
mere rock outcrops are exposed at the surface. The soils encountered in our
Jreliminary investigation consisted primarily of granular ~~nds, gravels,
~ilts and clays. For the various material types and respective densities see
J1e trench ing logs in Appendix A.
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The in situ densities of the soil overburden rag ions varied from medium
.~~se to very dense. The plastic component of soils found on site in this
~reliminary investigation was generally low. The red-brown clay~ common to
orth-west portion of the Tucson Basin can have an eXcessive expansion
otential a~d tend to accumulate in pockets. To ensure no highly expansive
:lay soils are present on the site further trenching is required. Due to the
n situ stata and granular nature of subsurface "soil, the" collapse potential
.f soil found in our trenches i.s typically low bJ mderate depending on the
ilt component and the anticipated structures. In the area of the proposed-
.otel-resort site," representative of tr.ench T-i. the subsurface .soils
:cnsisted of brofttl sand, ""ith. varying amounts .of silt a.nd gravel in a very
~ense and tightly bound soil matrix. These soils typically have a. low
:tJl1apse potentia 1 and are none.xpans1ve.
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The allowable penetration depths varied throughout the property.
ieneral1y. where igneous and metamorphic rock outcrops are located nearby the
'oil overburden zone is relatively thin and backhoe refusal is common. The
.ock types found throughout the property consist of Precambrian Schist and
'ranites which at the surface tend to'be weathered and r;ppable. Where the
ocks are not weathered they become competent and achieving required depth of
mbedment will be difficult to impossible without employing blasting
echo iques. or pneuma t 'i c harmlers.
Along the proposed water line alignments trending from the City Plant at
ista nel Sol and Naranja Road, we feel achieving the required penetration
~pths from 5 to 15 feet. ;s possible, although construction may require the
nployment of heavy ripping equipment in areas typical of the soil conditions
jund in trench T-4. Backhoe refusal was encountered ;n this area due to the
~avily cemented and tightly bound soil matrix.
The materials suitable for engineered fill or AGe should meet the general
~quirement outlined 5n Appe~dix B.
This investigation is preliminary in nature and as such will require
!ditional field and, laboratory work prior to the commencement of any
;nstruction. It we may be of further assistance on this project or future
.ojects, please do not hesitate to call.
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R.L. Sogge. P.E.
S/TP8/jcb
ies (5) Addressee
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JOB HO. C~IE.H T L,OC....rIOH I
- S ER T EARTH ENGINEERING 87-523 Westinghouse Tartolitas
:,AnOH OF 80'UH~ o~h_L.I"'C ME:THOO 6 EOUlp....E"'T B OAIHC HO.
. .
rac;p C;AOF R;H"'khn~ T-2
with lA in huc:xpt SH(f: r
.
. 1 1
See Site Plan. Figure 1. O~
0l'1xttJ
S.......PL.IHC WET HOC TPB
TU"'(
O"TE:
EL.EVATlON . 12/31/87
'uw CASINC OEPTH
. z;:. .... SURF ACE: COHOITlCws
. ... '"
~~ 0 :rt- ~~ a:..J
!~o/...E ...101 Iollol Native desert landscaoe. metamorohic outcroo to th e .
. lS L. 0 "'11 ~.. a..'" · t: ...:>
s........\.~J\ ulA. ~S 0(101
j I 't~ C: ~.J northe--=st Trench in wash are-a
\0#,,"
V !~ ... -
V. O~ ( SMl dark
- brown fi ne . to coarse SAND with 'some sil t
/ - "1 and trace aravel. medium dense nonolastic.
-
s 1 i a h t 1 y mo ; st. .
,/ -
2 -
/" .
- -:-=.- -- vet riooable
oo/: . 3 I- ecomoosed Qranite boulders. very dense
, I .. ~eathered rock zone
VI I- ..
41-
;-
-,// 5- ncreastno comoetence wi th deo th
1 . 'erv hard dioo'lna
1/ 61- . ~""
.
V -
7~ . ~ jac~hoe refusal at 5.5 feet
l-
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9~ ,
/ ~
. 0 -
;/ I-
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3 -
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SERT EAR T'H ENGINEERING . 87-52J \.l est i n g' h 0 use I Tor to 1 i ta s
I
4r&Q~ OF aOAU.C; CAI~~INC L4E:iHOO 4 EOUIP"'E:HT' B OAINe "0.
rAC;p S8()F' AAikhn~ T - 3-
~I1EtT -
with lR in hOC'"kpt
See Site Plan. F i gu re 1. 1 0,- 1
tJcC%.(U
S4WP~IHC; WCiMOO TPO
TIM!
CArE:
. ,1 21 J 1/8 7
u... E l..!:v... T ION CASIHC OEPTH
z.~ ... SURF ACE C ONO I nOMS
...~
~~ 0 ::... i~ cr.J
:~~...~ ...&.1 WW Native Sonoran desert terrain, washes, ridges ana
1:1 L 0 'If 1/ ,.. Cl.W · C ...:>
s...."",.\..z::~ u.... gs 0(101 11 e (; E rt f to r a
j I 't~ o~ ~..l
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VI . 0 l- SM) brown SAND with Some silt and occasional Cobbles,
1-0 .
!./ 1 ~ medium dense nonolastic. sliohtlv moist
.
I _/ 2
I ..... .
./ 1-0 SM) 1 i 0 h t brown. liohtlv cemented fine,.to coarse SAND
L: 3 1-0 wi th s- trace silt and trace.oravel - occasional
1-0 metamorohic cobbles - dense. nonolastic. dry.
./1 41-
-
"/; 5~ 1pc;~ c~mentation
I-
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f-
7 i_ Co'Vlno on sid ew all
-
/ 81-
1-0
/ . 91-
I- (SM) very dense. increased cementation, Some materlal
/ 10 - . . tiohtly bound soil matrlX, hard dlgglng
-,
/ 11- I
~ ~PVPf"~ 1 ) a rOPbou 1 de rs in tiohtly bound ma tr, x
L 2
t · ...
/ -
J - ~~ '~"'np r~fusal at 12.0 feet
-
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5 ~
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6 - . ..
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Joe HO. C~I~H r 1.0C"'TION
-IESERT EARTH ENGINEERING , 87-523 Wes t i ng'house Torto 1 i tas
...CAno.. OF SOAINC; OAll.l..lHC wf:THOO , EOlJtPMe:HT SOAtHe NO.
rase- ~A()F S"rrhop T - 4
-
. with 1A in h!lr~pt St1f:tr .
. 1 1
See Site Plan. F i gu re 1 . . OF
. txClX((I
. TPB
S....WP\..IHC wf:THOO
TI"'C
o^rc
. ,1 2/3 1 /8 7
4ru.., EL..EVA TICH C"'SIHC o~prl'(
z/~ ... SURFACE COHOI'l"lOHS
. ...... r'" ~~ rr.J
l'~ Q
tool -..~ ... ...w wl..l Native desert terrain
L -z c ~L..Ow1/," ,-w 'c ...::>
~ - ..... 1""",,.t.~^ ul6. gs o(W
... i /. ~6 Q~ ~~
.. '.w ......
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/, . 0 -I (SM) hiO\"n fine
-' to co~rse SAND with some silt and
./ 1 - trace oravel. medium dense. nonolastic sliohtlv
moist .
,/ -
2 .
,/ I ( S \0/ - S M ) 1 ioht brown fine to coarse SAND wi th trace s i 1 t
1/: - and oravel. lioht'cementation throuohou t
3 ~
t , ~
i/ 4~ cobbles
- and boulders abundant - cementation matrix very
// 5 ~ hard diooino - vet riooable
/ 6 - ~~~.t!tQP rp' ft!~ a 1
,- at 5.5 fee t
./.
/ 7~
/ ~
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, ')91U
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JOB NO. C~IEH r I..OC" T 10,.,
:S ER T EARTH ENGINEERING 87-523 Westinghouse Tortol itas
A rlOH OF, 80AIHC : OAII..L.IHC WeiHOO .. EOUIPIo4EHr B OAIHe NO. 1
r.dC;~ 580E _Railloe- T- 5
~th lA in htJr.k p t ShE: C T
See Site Plan. Figure 1. . 1 0,- 1
- Ck':le,.
S.....WP\,.IHC wc,. HOO TPB
T1... t
.
CA.TE:
EI..!VA iJOH . .12/31/87
UW CASIHC CEPTH
z/~ w SURF ACE; COHOITlOkS
...OJ :::t- ~~ cr~
""~ c
= i S;~E .-1.61 w'-' Native desert landscaoe.Dalo verde me s~u; te-,- saouaro
tll..Ows/," 0.."" · C ...::>
s......,. \"1:;,,, ulo. gs ~w
; I ~o Q~ ~.J creosote etc....
. -..v - --
II !~
/. . 0,... SM) brown SAND with some silt and trace orave 1. med; urn
~
// 1 - dense~ nonolastic~ sliohtlv moist
.
. -
,/ 2 Lioht brown co 1 or ~ less silt. dense
-
/' .
1L'; -
3 -
~
iL . 4 ;.... ~o" ("~meJ'ttation medium _d~~
,....
:/~ 5,...
1// -
6 I
St')m~ c(\"'~l,?s E~':cun t~rEci
7 -
7 -
-
L 8- iSW-jHl Jiont_brown fine to coarse SAND with some s i 1 t
-
L 9 _ Qrave)~' medium denseJ nonplastic~ dry
.
L -
10
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1_
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-
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APPEND:IX B
Gene r a 1 Fill S p e.c i fie a t ion s ·
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ENGINEERED FILL SPECIFICATION
The engineered fill material or aggregate base course (ABC) material
composing such a fill should be thoroughly mixed for unifo~ consistency, be
co~pletely free of vegetation, roots~ rubble, debris or other deleterious
matter, and shall conform to the following specifications.
Gradation (ASiH 0422) % Passing by Weight
J Sieve. Size Fill ABC.
6" 100
..'~
i . 1 1/2 II 100
~.~
14 45-90
#200 50 Max 0-12
Plastic Index (AST~ 0424) 12 Max SMax
'^', fercent Expansion 1.0 Hax 0.0
:
Abrasion 50 Max
Soluble Sulfates (:) 0.10 Max 0.10 Max
~Expansion shall. be measured during saturation of a remolded sample
compacted to 95I of Standard Proctor (ASTH D?98) density at optimum moisture
content whlc~ is subject to a load intensity of 1 PSI.
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~PENDDC D
REC01fh1E.~ED LANDSCAPE PIANT PALETTE
Maiar Streetsc.aoe Trees and Shrubs
Abyssinian Acacia
Acacia
Foothill Palo Verde
Chilean Mesquite
,
1
Agave
Desert Broom
Dese:t Cassia
Feathery Cassia
Silvery Cassia
Red Yucca
Yellow Bird of Paradise
Red Bird of Paradise
Texas Ranger
Acacia abyssinia
Acacia species
Cercidium microtlzeca
Prosopis clzilensis
Agave sp.
Eacc/zaris sarothroides
. Cassia nemopl1ila
Cassia artemisiodes
.Cassia plzyllodinea
H esperaloe paviflora
Caesalpuza gilliesii.
Caesalpina pulcfzenima
Leuc:Jphyllum frutescens
SecondarY Stre'~tsC3oe Trees and Shrubs
Desert VIillow
Chilean 'Mesquite
Velvet hies quite .
Acacia species
Mo:ican Palo Verde
Agave
Desert Broom
Desert Cassia
Feathery Cassia
Silvery Cassia
Purple Hopbush
Red Yucca
Yellow Bird of Paradi.sc
Red Bird of Parac;fise
Texas Ranger
Purple Fountain Grass
Chilo psis linec.ris
Prosopis dtilcnsis
Prosopis ve!.utin..a
'Acacia spp.
Farcirsonia acu1azta
Agav~ sp.
Bacdw.ris sarotlzroida
Cassia nunophila
Cassia artanisioda
Ca.sSuz phyllodinea
DodolWJ. viscasa 'Purpwea'
Hcpaalof: paviflora
Caaalpina giI.lU..~
Ca esalpina puIchurima
U:ucophylIwn frut~cms
Pennis~twn cupr~
o
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PIANr PAlEITE (cant)
u
Accent Trees CJt Entricsrrntersections
African Sumac
Lemon Bottlebrush
Texas Mountain Laurel
Aleppo Pine
Heritage Oak
Parkin!! LJt Trees
Chilean Mesquite
Blue Palo Verde
MCAic.an Palo Verde
Netleaf Hackbeny
PJzu.s lancea
CallistemolZ citrinus
Sophora secwuiifIora ' .
Puzus l1alepeJ%sis
Q u.ercus virginian "l{ eri1age If
Prosopis dzilensis
Cercidium floridwn
Parki1tSonia aculcata
Celtis re!iculata
Drainagewav & RetentionlDetention Basin Trees and Shrubs
\Vhitcthorn .Acacia
Velvet Mesquite
Blue Palo Verde
Desert WlUow
N ctIezf Hackberry
Desert Broom
Fairy Duster
Desert RackberI)'
Desert Spoon
Brittle B usb.
Acacia constricta .
Prosopis velutin.a .
Cacidium flaridum
Chilo psis linearis
Cdlis reticulate
BaccJuuis sarodzroida
CalIiandra aitJphylIa
CelLis paIIida
Dasylirion whuleti
Encdia farinosa
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APPENDD: E
l{Y~'r~~~ ~
Envi~onmental Science, Management & Planning.
13 January 1989
15. SUSAN J. HEBEL
:he planning Center
350 Nortn Finance Center Drive
:)uite. 210
rucson, Arizona 85710
~E: sampling for Tumamoc globeberry within the phase One project
area of 1863 acres, Tortolita Mountain project
ro&" Dear Susan:
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Ten per~ent (188.77 acres) of the subject area was sampled
on 28 - 31 October 1988 for Tumamoc g1obeberry. This effort
s.amp1ed each plant c9rn.~unity within the project area with
additional effort expended in those communities.which were, deemed
most likely to support Tumamoc globeberry. A map indicating the
a~eas sampled and a table summarizing the area covezed b~ reach
transect are att~ched for your information.
TUmamoc globeberry was not locateQ in the area sampled. It
is my professional opinion tha~ this species does not occur
within the Phase.One project area.
If.you hav~ any questions' or desire additional information,
pleas~ contact me at (602) 258-1724. Thank you for your time and
consideration.
Sincerely,
RO:FNER ASS?l~ATES .
.Iv (J. ~r
George A. Rutfnert.Ph.D.
principal
Enclosures: Map of transect locations
Transect number, length, width and area covered
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J TUMAHOC GLOBEBERRY FIELD SURVEY
TORTOLITA MOUNTAIN PROJECT
1 PIMA COUNTY, ARIZONA
...
I Section No. Transect No. Length Width Acreage
----------- ---.......--...--- ------- ----- -------
c 25 27 700' 80' 1.27
. 28 1300'" 80' 2.39
;
i 29 1300'"= 80' 2.39
30 1300'" 80' . 2.39
31 1300 . 80" 2.39
32 1600" 80' 2.94
33 750' 80" 1.38
34. 750' 80'" 1.38
35 800'" 80' 1.47
36 950' 80. 1.75
.
j 35 37 5280' 50' 7.24
J 38 2300' 60' 3.17
( 39 2800" 60' 3.86
40 2700 .. 60 '. 3.72
41 2500'" 50 ' 3.58
42 2400' 50 ' 3.30
43 300" 50 ' 0.41
44 1300' 60' 1.79
4S 1300' 60 ' 1.79
46 5280 ' 80' 9.70
47 5280' 80' 9.70
48 800'" 80' 1.47
49 600' 80' 1.10
..
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APPENDIX F
UTILITIES RESPONSES
8650 2219
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.. 5100 \:IES~ IN^ RC,AJJ P.O',:80X 35970 TUCSON. AA1ZON^ 857.;0.5970 16021 74~.29"'''
October 15. 1987
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David H Craham, Vice President Planning
Westinghouse Communities of Arizona, Inc.
1760 East River Road
Suite 103
Tucson. Arizona 85718
Dear Mr. Graham:
We thank you for your letter of September 9, 1987, nnd Trico
Electric Cooperative. Inc. is loolting forward to ~orking with you
to serve Tortolita Mountain Properties. In our Long Range Plan.
we have been referring to the area covered by the map you sent us
as the Thornydale area.
All on-site cost of providing service will,be contracted based on
refundable denosits as stated in Section 209, Page 31 and related
sections of Trico's' enclosed Rules and Regulations and Line
Extension Policies (our Policies) approved by the Arizona
Corporation Commissioq June 16, 1981, Dock~t lU-1461.
Our records show that residential subdivisions require about 3 kW
per single family house at a cost of $500 to $1200 per dwelling
unit depending on the size and layout of the lots. The 600-room
resort wirl require about 3,000 kW but we will need more
information about location and layout before we can even give you
a ball-park cost. The resort will be served pursuant to our
Policie~ Section 105, Page 14 and related sections.
We have a power contract which will provide ~eneration capacity
for the' total 9,600 acre pro-J"ect 'wi t:h our power supplier, 'Arizona
Electric Power Cooperative, Inc. (AEPCO). The distribution lines,
substations and transmission lines will have to be built to the
site. These off-site improvements can be financed by Trico, but
we cannot justify any premature investments. Your letter of
September 9, 1987, in no way satisfies the request I made at our
meeting on July 27, 1987. We will need much more information and
more of a commitment if we are going to finance a project of this
size. Since" the. lead times on plo.nning, si ting, designing.
financing, obtaining rights-of-way and obtaining state and
federal approvals for these facilities takes about two years, it
is impero.tive th~t we both get the project stnrted ~s ~oon ns
possible.
To start the financing process, Trico will need to satisfy the
following concerns:
1. The agencies that approve our expenditures feel these
loads and the Acacia Hills loads south of you are
speculative or questionable. This is because
statistics do not show growth in this area, that is,
development hasn't started.
~cT~!CO
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Hr: David H Graham
Oc.;t.obt:r 15, 1987
PZlgC Two '(2)
2. He have no contracts promising .a construotion schedule
from any lar~e development in the Th.ornydale D.r-ea.. Wa
don't. even have a lon.e: ra.nite schedule trom Westin~house
Communitic8. A feasibility and saturation study would
help.
...
3. We currently have about 5,000 kH of power which gives.
us the ability to serve about 2,000 dwelling units in"
this area to meet new development on n first-come,
first:"served basis. This will be adequate for muny
years based on our current %rcwth statistios. Heavy a.nc.i
ea.rly investment in Q. back-bone type facility at this
time will require some type of comn\itment from the
ultimate user.
Anothor option would be for Westinghouse C~mmunitia8 to finance
thc::lc facili ties based on refundeble de'Oosi t's of a.pproximo.tcly
$ 1 2 , 0 00 , 000 per 0 u r Pol i c i e sSe c t ion 205 , P a. g e 2 '9 D. n d r e 1 a. tad
~actions. We would be happy to work OU~ contr~c~ual detnil~
with 10U to get this prooess started.
Trico has 'the ability a.nd is excited about serv'ing electric power
to your development; however, you're being businessmen, I'm ~ure
that you cOon understand our position that ,an inves.tnten't of this
size must be Justified. We are looking forwa~d to your help tp
got started in time to meet all 'your schedules'. 'If you have a.ny
qu~stionB don't hesitate to call.
Sincerely,
THI-CO ELECTRIC COOPERATIVE, INC.
Chnrlcs N. Em~raon
. MunQ~er of Technical Services
19b
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