HomeMy WebLinkAboutResolution 91-016 development agreement with lawyer's title trust 7610-tRESOLUTION 91-16
A RESOLUTION OF THE TOWN COUNCIL OP THE TOWN OF MARANA, ARIZONA
APPROVING A DEVELOFMENT AGREEMENT WITH LAWYERS TITLE TRUST 7610-T
WHEREAS, the Town is empowered, pursuant to A.R.S. Section
9-500.05, to enter into development agreements relating to
property in the municipality;. and
WHEREAS, the Town Council has reviewed the Development
Agreement between the Town of Marana and Lawyers Title Trust
7610-T (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 Lawyers Title Trust 7610-T,' at-
tached 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 Mara-
na, Arizona this 16th day of April, 1991.
ATTEST:
~OWN CLERK
MAYOR
Date Signed: April 17, 1991
APPROVED AS TO FORM:
TOWN ^TTORNE ,'3?ill
RECORDED BY: JEB
DEPUTY RECORDER
2012 RD25
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uDCKET: ~j;024
PAGE: 102&
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NO. OF PAGES: ~~
SEQUENCE: 91046800
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TLATI
RON TANKERSLEY
PO BOX 31748
AG
PICKUP
TOTAL
TUCSON
AZ 85751
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (" Agreement") is entered into as
of the 17 day of Apri 1 , 1991, by and between the TOWN
OF MARAN A, an Arizona municipal corporation (the "Town"), and
LAWYERS TITLE TRUST 7610-T, a Real Estate Trust (the "Developer").
RECIT ALS
A. Developer is the owner of that real property located in Pima
County, Arizona and adjacent to the Town, consisting of approxi-
mately 200 acres, legally described on Exhibit "A" attached hereto
and incorporated herein by this reference (the "Property").
B. The Developer and the Town desire that the Property be an-
nexed into the corporate limits of the Town and be developed as an
integral part of the Town, and in accordance with the existing
General Plan for the Town. The annexation and development of the
Property pursuant to this Agreement is acknowledged by the parties
hereto to be consistent with the Town's General Plan and operate to
the benefit of the Town, the Developer and the general public.
c. Arizona Revised Statutes 9-500.05 authorizes the Town to
enter into binding development agreements with landowners or
other persons or entities having an interest in real property located
in the Town. The Town and the Developer are entering into this
Agreement pursuant to the provisions of A.R.S. 9-500.05 in order to
facilitate development of the Property, to avoid waste of resources
and escalation in the cost of housing and other development to the
consumers thereof and to encourage investment in and commitment
to comprehensive planning which will make maximum efficient uti-
lization of resources at the least economic cost to the public, by pro-
viding for, among other things, conditions, terms, restrictions and re-
quirements for the construction of public infrastructure as more
particularly described herein, and the financing for such public in-
frastructure improvements; certainty and the approvals
COURTES r' RECORDING
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necessary for the development of the Property, including land uses,
densities and intensities; and by providing assurances to the
Developer that it may proceed with development. of the Property in
accordance with the Town's existing land use policies, rules and regu-
lations.
D. The Developer intends to develop the Property as a large scale,
mixed use development for the 1Jses and purposes set forth in the
Development Plan for the Property, which has been prepared and
filed with the Town prior to the date of this Agreement and which
has been approved by the Town. A copy of the plan is attached
hereto as Exhibit "B" and incorporated herein by this reference
(hereinafter referred to as the "Development Plan"). The develop-
ment of the Property requires substantial early and major capital
expenditures and investments with respect to the construction of
major infrastructure facilities. Because development of the Property
is a project of such great magnitude, the Developer requires assur-
ances from the Town that the Developer will be able to complete de-
velopment of the Property pursuant to the Development Plan before
it will expend substantial efforts and costs in such development.
The Town, in order to encourage development of the Property consis-
tent with the General Plan of the Town, has approved the proposed
uses set forth in the Development Plan and adopted with zoning
classifications, land uses, and densities and intensities consistent with
the Development Plan, and agrees to cooperate in good faith with the
Developer to expedite the approval and granting of permits, site
plans, rezoning applications, plats and other development approvals
for the Property in accordance with the Town's General Plan, the
Development Plan and this Agreement. In reliance on the Town's ex-
ecution of this Agreement and its agreement and representations
that it will approve the development of the Property in accordance
with the Development Plan (which reliance is acknowledged to. be
reasonable), the Developer intends to (i) expend substantial effort
and incur substantial costs in proceeding to refine the Development
Plan, which costs include, but are not limited to, costs for performing
marketing, infrastructure and feasibility studies; (ii) develop land
use planning, architectural, engineering and landscaping designs and
plans; (iii) pursue, in accordance with this Agreement, the develop-
ment of the Property.
E. The Town acknowledges and agrees that the development of
the Property pursuant to this Agreement will result in significant
planning and economic benefits to the Town and its residents by (i)
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reqUIrIng the development of 'the Property to be consistent with the
Development Plan, (ii) increasing tax and other revenues to the Town
based upon, among other things, the construction of improvements
on the Property and the use of the Property for business purposes,
and (iii) creating jobs through development of the Property and
through the operation of new businesses on the Property. The Town
has determined that entering into this Agreement will further the
goals and objectives of the Town's general plan and its overall land
use planing policies by eliminating uncertainty and planning for the
orderly development of the Property so that adequate long term
plans regarding the necessary on-site and off-site infrastructure for
the existing and future Town residents can be developed and imple-
mented, and the maximum effective utilization of Town resources
will be pursued at the least economic cost to its citizens. The benefits
conferred by the Developer herein will facilitate the installation of
certain desired public improvements within the Town, which will
significantly promote the health, safety and general welfare of exist-
ing future Town residents. In exchange for these benefits to the
Town and its residents, the Developer shall receive the assurances
authorized by Arizona law that the Developer may proceed to de-
velop the Property in accordance with the Town's existing land use
ordinances, policies, procedures and regulations, a rate of develop-
ment within its discretion, subject to the terms and conditions of this
Agreement.
F. The Town's planning and zoning commISSIOn and council have
found and determined that this Agreement: (i) is consistent with the
Town's General Plan; (ii) is in the best interests of the health, safety
and general welfare of the Town, its residents and the general public;
(iii) is entered into pursuant to and constitutes a present exercise of
the police power by the Town; and (iv) is entered into pursuant to and
in compliance with the requirements of Arizona Revised Statutes
9-500.05. The assurances provided by the Town and the Developer
to each other herein have been provided pursuant to and as con-
templated by Arizona statute, bargained and in consideration for the
undertaking of the obligations of the parties as set forth herein, and
are intended to be and have been relied upon by the parties to their
detriment.
NOW, THEREFORE; in consideration of the foregoing premises and
the mutual promises and agreements set forth herein, the parties
hereto state, confirm and agree as follows:
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AGREEMENT
1. CONSTRUcnON AND FINANCING OF INFRASTRUCfURE
IMPROVEMENTS.
The parties acknowledge that the full development of the
Property pursuant to the Development Plan will require the con-
struction and installation of infrastructure improvements, such as
streets, sewer, bank stabilization, water lines and other improve-
ments as described in the Development Plan (collectively, the
"Infrastructure Improvements"). The cost of construction of the
Infrastructure Improvements my be paid for by the Developer, by a
community facilities district formed to construct or acquire such im-
provements in accordance with the provisions hereinafter set forth,
or by such other means as set forth below.
1.1 Developer. The Developer shall have the right, but not the
obligation, at any time after execution of this Agreement, to construct
or cause to be. constructed and installed any part or all of the
Infrastructure Improvements necessary for implementation and
acquisition of effluent storage, distribution facilities and other im-
provements necessary to fully develop the Property in conformance
with the outline for such improvements attached hereto as Exhibit
"C" (the "District Infrastructure Improvement Outline). All such con-
struction, if performed by Developer, shall be performed in a good an
workmanlike manner and in compliance with all applicable laws,
permit requirements, standard, codes, rules or regulations of the
Town and of the State of Arizona, or the United States, as applicable,
and in accordance with a map of dedication therefor, which has been
filed with and approved by the appropriate governmental
authorities. The Developer, its agents and employees, shall have the
right to use any existing Town easements or rights-of-way to the
extent reasonably necessary to facilitate such construction, and' the
Town shall duly execute and record all documents or instruments
which may be necessary in accordance therewith. In addition, in the
event any additional easements or rights-of-way are necessary in
order to construct or install any part or all of the Infrastructure
Improvements, and such easements or rights-of-way cannot be ac-
quired by the Developer at a;, cost with Developer deems reasonable,
the Town shall initiate and diligently pursue condemnation of any
real property necessary for such easements or rights-of-way, as de-
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termined to be necessary by the Developer and the Town. The
Developer shall pay all costs incurred by the Town in connection with
the condemnation of such real property, including the full amount of
any condemnation award assessed against the Town and in favor of
the person or entity whose property is condemned. Upon completion
of any acquisition or condemnation under this paragraph, title to the
land shall vest in the Town, and the Town shall provide such ease-
ments and rights-of-way (and execute and record all necessary doc-
uments and instruments) which may be necessary in connection with
the construction of the Infrastructure Improvements by the
Developer.
1.2 Community Facilities District. The Town hereby agrees to coop-
erate with the Developer in forming a Community Facilities District (the
"District") pursuant to A.R.S. 48-701 tl ~ (the "CFD Act") for the pur-
pose of funding the construction or acquisition of those Infrastructure
Improvements (which may include Infrastructure Improvements to be
acquired from the Developer). Upon receipt of a petition filed in con-
nection with the formation of the District signed by 100% of the owners
of the land within the proposed District, the Town shall approve an ap-
propriate resolution for the formation of the District. In the event the
Developer does not obtain the signatures of 100% of the owners of the
land within the proposed District but obtains at least 25% of the required
signatures, the Town and the Developer shall work together to obtain the
number of signatures required to form the District. Upon formation of
the District, the District shall declare its intent and commit to issue its
bonds, in one or more series (hereinafter referred to collectively as the
"Bonds"), pursuant to the CFD Act, in amounts necessary and sufficient
for the construction or acquisition of the District Infrastructure
Improvements and all expenses of which may, if allowed by law, be paid
out of the proceeds received from the sale of the Bonds. Upon the sub-
mission by the Developer to the Town of a valid and sufficient petition
for the formation of any other community facilities district in addition to
the District, the Town agrees to exercise good faith and use best efforts
to expedite the formation of such district pursuant to the provisions of
the CFD Act, all provisions of this Paragraph 1.2 relating to the operation
of the District's shall apply thereto.
1.2.1 Board of Directors of the District. The initial Board of
Directors of the District shall be those individuals appointed to such
positions as agreed to by the Town and the Developer and identified
in the District Resolution. In the event of a vacancy occurring on the
expiration of the term of an appointed board member of the District
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upon the death, resignation or inability of a board member to dis-
charge the duties of such office, the District shall notify the Developer
of such vacancy and give the Developer a reasonable opportunity to
recommend candidates for appointment to fill the vacancy and to
advise and consult with the Town in connection therewith. After
considering the general qualifications of any candidates recom-
mended by the Developer, the Town shall promptly appoint a new or
interim District board member as the case may be..
1.2.2 Operation of District. The following provisions shall ap-
ply to the operation of the District and any other community facilities
district formed pursuant to Paragraph 1 ~2 of this Agreement:
(a) Ratification of A~reement. Upon formation of the
District pursuant to this Agreement, the District shall,
in accordance with A.R.S. 9-500.05, be deemed to be
a party to this Agreement, and at the first meeting of
the Board of Directors of the District, the Board of
Directors shall ratify this Agreement.
(b) Feasibility Reports. Prior to the construction or
acquisition of any District Infrastructure
Improvements by the District, the District's Board
of Directors shall, in accordance with the CFD Act,
approve a feasibility report, which report shall be
prepared by the Developer or. any independent
qualified person or firm selected by Developer on
behalf of the District. The cost of such feasibility
report shall be borne by the Developer, but shall, so
long as bonds are sold by the District, be reimbursed
by the District in accordance with the applicable
feasibility report. Each such feasibility
report shall be consistent with the District's
Infrastructure Plan and include the following:
(i) a detailed description and plans for the
infrastructure to be constructed or acquired;
(ii) a detailed estimation of construction or
acquisition costs and operation and
maintenance oosts, if any;
(Hi) a benefits analysis;
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(iv) proposed allocation of assessment or taxes
and a method of financing the acquisition or
construction of such infrastructure, including
any rights~of-way or improvement sites
necessary therefor, and indicating specific
portions of the infrastructure to be
constructed or acquired as construction IS
completed (a :'Completed Segment");
(v) an analysis of the financial feasibility of the
financing method designated, specifying the
type of bonds and proposed repayment
method; and
(vi) designation of the public or private entity to
which such improvements will be dedicated
or conveyed for continued operation and
maintenance, and the timing of such
dedication or conveyance.
Unless otherwise agreed by the Developer, the
District shall not accept any feasibility report that
has not been prepared by the Developer or by a
qualified independent person or firm at the request
of the Developer. As soon as reasonably possible
after receiving the feasibility report, the Districts
Board of Directors shall consider and either approve
the feasibility report as provided by the CFD Act or,
acting in good faith, reject the feasibility report
based upon an independent financial analysis or
engineering study stating in reasonable detail that
the proposed financing or the engineering design of
the infrastructure improvements to be constructed
or acquired is not feasible. If the District's Board or
Directors approves the feasibility report, the District
shall either acquire the infraStructure described
therein in Completed Segments together with the
sites and rights~of~way therefor from the Developer
pursuant to subparagraph (c) below or cause the
infrastructure therein to be constructed by the
District pursuant to subparagraph (d) below.
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(c) ACQ.uisition of District Infrastructure Improvements
by the District. The Developer may at any time
construct or cause to be constructed any part or all
of the District Infrastructure Improvements
consistent with the District Infrastructure Plan. All
such construction by the Developer shall be
performed in a good and workmanlike manner and
in compliance with all applicable permit
requirements, standards, codes, rules and
regulations of any applicable governmental entity
or agency thereof. Upon the District's approval of
the feasibility report therefor, and based upon a
satisfactory inspection by the District of a Completed
Segment which has been constructed by the
Developer, the District shall pay the Developer for
the construction of such improvements in cash, and
in an amount equal to the actual costs and expenses
incurred in constructing said infrastructure and for
acquiring the land upon which it is located and any
appurtenant rights-of-way, administrative costs
and the "finance cost" associated therewith, up to
the maximum amount of the bond proceeds
allocated for such purpose and the applicable
feasibility report. The term "finance cost" as used in
this Paragraph shall be deemed to mean (i) the
interest, fees, points and all other amounts charged
in connection with any loan or loans to the
Developer for the purpose of acquiring the land and
the construction of the District Infrastructure
Improvements thereon, or (iii) interest at the rate
of 1 % over the prime rate of First Interstate Bank of
Arizona, N.A., as that "prime rate" may be
announced from time to time, for a portion of the
land acquired or infrastructure constructed without
third-party financing on the amount of the costs and
expenses from the date incurred to the date
reimbursed by the District. Nothing in this
Paragraph shall be construed to prohibit or
otherwise limit the ability of the Developer to elect
to dedicate property to the District without
consideration by instrument in form and content
reasonably acceptable to the District. Upon
completion of the construction of a Completed
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Segment and receipt of all payments provided in the
I;)istrict's resolution accepting the construction, the
Developer will convey the Completed Segment,
together with the underlying rights-of-way and
sites described in the applicable resolution, to the
District, free and clear of all liens and encumbrances
and the District shall promptly accept and approve
the conveyance; provided that the construction of
the improvements and cost of the Completed
Segment are consistent with the approved feasibility
report therefor.
(d) Construction of District Infrastructure
Improvements by District. If the feasibility report
approved by the District indicates that the District
will have responsibility for the construction of all or
any part of of the Infrastructure Improvements
described in such feasibility report, publicly bid
such construction work; provided, however, that
in accordance with A.R.S. 4s'0709(H) the Developer
shall have the right to match the lowest bid for the
construction of such Infrastructure Improvements,
so long as the Developer owns at least 75% of the
total land area within the real property included
within. the District at the time of the bid.
The District shall thereafter enter into a
construction agreement with the lowest bidder or
the Developer, if the Developer is the lowest bidder
or matches the lowest bid, for the construction
of the infrastructure improvements described in
the feasibility report. In the event the District
determines that a construction manager is
necessary to oversee the construction of such
improvements, such construction manager shall be
mutually-acceptable to the District and the
Developer. After the construction agreement is
executed, the District shall, as described in the
approved feasibility report, proceed to acquire any
rights-of-way or improvement sites not previously
dedicated, and require the construction of the
District Infrastructure Improvements described in
the construction agreement to commence as soon as
reasonably possible thereafter. The District shall
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require that all such construction or other work to
be performed pursuant hereto be performed in
conformity with the District Infrastructure Plan as
described in the applicable feasibility report, and in
a good and workmanlike manner in compliance
with all applicable standards, codes, rules or
regulations of any applicable governmental entity
or agency thereof.
(e) Operation and Maintenance. Upon the acquisition
or construction by the District of Infrastructure
Improvements in accordance with the applicable
feasibility report therefor, the District shall own,
operate and maintain in good order, condition and
repair at all times, such District Infrastructure
Improvements and related facilities until an
agreement is entered into by the District with a
Responsible Party (as described in Paragraph 1.4
below) to transfer the ownership, operation and
maintenance of the District Infrastructure
Improvements, as described. in the District
Infrastructure Plan, and the applicable feasibility
report therefor. The District shall contract to obtain
labor, materials and equipment for the operation
and maintenance of such improvements, and such
contracts shall be awarded to a company or
companies acceptable to the District at reasonable
rates. Any such service contracts shall require that
such work and service be performed in a good and
workmanlike manner and in compliance with all
federal, state and local statutes, laws, regulations,
codes and ordinances. The District shall pay, either
from applicable revenues or by levy of additional
taxes as provided by the CFD Act, all costs, expenses
and fees incurred in connection with such operation
and mainten(.lnce as provided in an annual budget
therefor, which shall. include anticipated rates,
charges and fees of the District, and which shall be
prepared for each fiscal year during the term of the
Agreement.
1.3 Other Financint: Methods. Upon the Developer's request, the
Town agrees to exercise good faith and use best efforts to promptly
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form one or more improvements qistricts, municipal property corpo-
rations, or industrial development authorities or to implement other
sources of development financing for the purpose of financing the
cost of construction and maintenance of any or all of the
Infrastructure Improvements, including without limitation, sewer,
drainage, bridge, roadway, flood control and recreational improve-
ments, and whether or not the construction as such improvements is
the responsibility of the Developer or a community facilities district
formed pursuant hereto.
1.4 Dedication. of Infrastructure Improvements. Ownership of
all completed portions of the Infrastructure Improvements shall be
dedicated by the person or entity responsible for payment of con-
struction of such improvements (the "Constructing Party") to the
Town or other appropriate public or private entity as set forth in the
Infrastructure Plan (the "Responsible Party"). By instrument in form
and content acceptable to the Constructing Party and the Responsible
Party within one (I) year after completion of any portion of the
Infrastructure Improvements in accordance with the Infrastructure
Plan, or within such other time period as may be agreed to by the
Constructing Party and. the Responsible Party, and subject to accep-
tance by the Responsible Party as hereinafter set forth. So long as
such Infrastructure Improvements are constructed in accordance
with plans and specifications approved by the Responsible Party, as
verified by inspection of the completed improvements by the engi-
neer or other designated representative of the Responsible Party, the
Responsible Party shall immediately thereafter accept such dedica-
tion of Infrastructure Improvements, and shall, at its own cost and
expense, maintain, repair and operate such Infrastructure
Improvements in accordance with its customary standards. Except
as provided herein, ownership of all Infrastructure Improvements
constructed by the Developer shall be maintained and operated by
the Developer so long as the Developer owns the Infrastructure
Improvements and prior to the dedication of such improvements to
the Responsible Party.
II. ANNEXA TION AND ZONING,
2.1 Annexation Petition. The Town, having held public meeting
thereon, has, concurrently with its approval of the Agreement, duly
considered and approved the annexation of the Property. As soon as
reasonably possible after execution of this Agreement by the Town
and the Developer, the Developer shall deliver to the Town an appro-
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priate petItIon' for annexation duly executed by all necessary prop-
erty owners (the "Annexation Petition"). Upon receipt of the
Annexation Petition, the Town shall undertake to perform all neces-
sary acts and procedures necessary to annex the property into the
corporate boundaries of the Town, including without limitation, ap-
proval of an annexation ordinance at the next available meeting of
the Town Council.
2.2 Applicable Zonin~. Having held appropriate public hearings
thereon, and having duly considered such matter, concurrently with
the Town's approval of an appropriate ordinance annexing the
Property to the Town, the Town agrees to adopt the zoning classifi-
cations for the Property which are identical or substantially similar
to the existing zoning classifications in the Town are attached hereto
as Exhibit "D" (hereinafter referred to as the "Zoning"). All Zoning
with respect to the Property shall be deemed to be "vested" at such
time as the Property is annexed to the Town in accordance with
Paragraph 2.1 above and the approval by the Town of the
Development Plan for the Property. The Town agrees that no appli-
cation fees, filing fees or processing costs shall be charged by the
Town to the Developer in connection with the adoption of the Zoning
with respect to and upon annexation of the Property other than the
annexation fee, and the specific plan review fee.
III. DEVELOPMENT OF THE PROPERTY.
3.1 Development Plan. Concurrently with the approval and
execution of this Agreement and the annexation of the Property, and
upon the Town's review and due considerati<?n, the Town hereby ap-
proves the Development Plan for the development of the Property, a
copy of which is attached hereto as Exhibit "B". Upon such approval,
the Development Plan shall be incorporated into and become part of
the Town's General Plan for all purposes. The Property shall be de-
veloped by Developer in accordance with the Development Plan, as
may be amended from time to time. Upon the approval of the
Development Plan by the Town, the Developer shall be authorized to
implement the uses, densities and intensities set forth in the
Development Plan, and will be accorded all approvals necessary to
permit the Developer to implement the Development Plan, subject to
the Town's review and approvals of rezoning applications, site plans
and specifications. The Town and the Developer acknowledge that
amendments to the Development Plan may be necessary from time
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-to time in order to reflect changes in market condition, development
financing and/or to meet the new requirements of one or more of the
potential users or developer of any part of the Property. The parties
shall cooperate in good faith to agree upon, and use reasonable best
efforts to process, any amendments to, the Development Plan. The
Town, having exercised its discretion in approving the Development
Plan, agrees to approve for issue such permits, plans, specifications,
plats and/or rezonings of or for the Property as may be requested by
the Developer in order to impl~ment, and which are reasonably con-
sistent with, the Development Plan. The Town's failure to timely ap-
prove any permits, plans, specifications, plats, rezonings, or other
matters necessary to permit the Developer or any user or builder
within the Property to implement the Development Plan shall be a
breach of this Agreement. If and when the parties find that changes
or adjustments are necessary or appropriate to be made to the
Development Plan, they shall, unless otherwise required by law, ef-
fectuate such changes or adjustments through administrative
amendments approved by the Town's Director of Planning and
Zoning, which, after execution, shall be attached hereto as an adden-
dum and become a part hereof, and may be further changed and
amended from time to time as necessary, with the approval of the
Town and the Developer. Unless otherwise required by law, no such
administrative amendments shall require prior notice or hearing.
Notwithstanding the foregoing, the following matters shall not be
considered administrative changes or amendments, but shall be con-
sidered substantive amendments which shall be reviewed by the
Planning and Zoning Commission and approved by the Town Council:
(i) Alteration of the permitted uses of the
Property
(ii) Increase in the density or
number of dwelling units;
(iii) Increase in the maximum height and size of
permitted buildings; and
(iv) Deletion of a requirement for the reservation
or dedication of land for public purposes,
except for minor boundary adjustments
approved by the Planning and Zoning Director.
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During the term of this Agreement, the Town shall not initiate any
changes or modifications to the Development Plan except at the re-
quest of the Developer or. the then-owner of any portion of the
Property for which such zoning change is sought.
3.2 Reiulation of Development. By entering into this Agreement
and relying thereon, the Developer is obtaining a vested right to pro-
ceed with development of the Property in accord3rnce with the
Development Plan, but subject to any remaining discretionary ap-
provals required in order to complete development of the Property
as contemplated by the Development Plan (which discretion shall be
exercised reasonably and in accordance with the terms of this
Agreement). The rules, regulations and official policies governing
permitted uses of the Property, the density and intensity of use of
the Property, the maximum height and size of proposed buildings in
the design, improvement and construction standard and specifica-
tions applicable to development of the Property are those rules,
regulations and official policies in force as of the date of this
Agreement, and the Town shall not impose or enact any additional
conditions, exactions, dedications, development fees, rules or
regulations applicable to or governing the development of the
Property, except only as set forth in exhibit "c" and as follows :
(i) future land use rules, regulations and official
policies of the Town which are consistent with
and not contrary to the existing land use
regulations applicable to and governing the
development of the Property, or contrary land
use regulations of which the application to the
Property has been consented to in writing by
the Developer;
(ii) future land use rules, regulations and official
policies of the Town enacted as necessary to
comply with future state and federal laws and
regulations, provided that in the event any
such state or federal laws prevent or preclude
compliance with this Agreement, such
affected provisions of this Agreement shall be
modified as may be necessary in order to
comply with such state and federal laws and
regulations;
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(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 in connection
with bona fide public health and safety
purposes and not arbitrarily imposed; and
(iv) future imposition of t,axes or filing or review
fees, or modifications thereto, so long as such
taxes or fees are imposed or charged by the
Town to all persons and entities.
3.3 Moratorium. The parties hereby acknowledge and agree
that the Development Plan contemplates and provides for the phas-
ing of the development of the Property and no moratorium or future
ordinance, resolution or other land use rule or regulation or limita-
tion on the conditioning, rate , timing or sequencing of the develop-
ment of the Property or any portion thereof shall apply to or govern
the development of the Property during the term hereof , whether
affecting parcel or subdivision maps, building permits, occupancy
permits or other entitlements to use issued or granted by the Town,
except as otherwise provided in this Agreement, and except for any
ordinance, resolution or regul{ltion enacted by the Town after the
date of this Agreement as may be necessary to (i) comply with any
state or federal laws or regulations, provided that in the event any
such state or federal law or regulation prevents or precludes compli-
ance with this Agreement, such affected provisions of this
Agreement shall be modified as may be necessary in order to comply
with such state or federal law or regulation, or (ii) alleviate or oth-
erwise contain a legitimate, bona fide threat to the health or safety of
the public, in which event any ordinance, rule or regulation to be im-
posed in an effort to contain or alleviate such threat may be imposed
only after public hearing and comment and shall not, in any event,
be imposed arbitrarily. In the event of any such moratorium, future
ordinance, resolution or rule and regulation, unless taken by the
Town to comply with state or federal laws or to alleviate a legitimate,
bona fide threat to public health or safety, the Developer shall con-
tinue to be entitled to apply for and receive approvals for the im-
plementation of the Development Plan in accordance with the rules,
regulations and official policies applicable to and governing the de-
velopment of the Property existing and in force of of the date of this
Agreement.
9024
1040"
1 5
'IV. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION
4.1 Appointment of Representatives. To further the commit-
ment of the parties to cooperate in the implementation of this
Agreement, the Town and the Developer each shall designate and
appoint a representative to act as a liaison between the Town and its
various departments and the Developer and the builders and users of
the Property. The initial representative for the Town shall be the
Town Manager and the initial representative for the Developer shall
be the project manager for the Property. The above representatives
shall meet as necessary at the request of either party to discuss and
review the performance of the parties to this Agreement and the de-
velopment of the Property. The representatives may recommend
amendments to this Agreement, which may be agreed upon by the
parties pursuant to Paragraph 7.9 below.
4.2 Cooperative Dispute Resolution: Expedited Town Decisions.
The implementation of the Development Plan shall be in accordance
with the developmem and review process of the Town. The Town
and the Developer agree that the Developer must be able to proceed
rapidly with the development of the Property and that, accordingly,
an expedited Town review process is necessary. Acc9rdingly, the
parties agree that if at any time the Developer believes that an im-
passe has been reached between the parties on any issues affecting
the development of the Property, the Town and the Developer shall
cooperate in good fath to resolve the dispute between themselves,
and such disputes shall be discussed and attempted to be resolved
through their representatives pursuant to Paragraph 4.1 above. 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's represen-
tative shall give the Developer a final decision within seven (7) days
after a request for a decision is made to the Town representative. If
the issue on which an impasse has been reached is one where a final
decision requires action by the Town Council, the Town representa-
tive shall be responsible for scheduling a Town Council, the Town
representative shall be responsible for scheduling a Town Council
hearing on the next available Town Council agenda, but in no event
later than fourteen (14) days after the Developer requests such
hearing. The Town and Developer agree to conti.nue to use their best
efforts to resolve such issue pending the Town Council hearing.
4.3 Default. Failure or unreasonable delay be either party to
perform or otherwise act in accordance with any term or provision of
1 6
,.... 02 '4
:.J : i ~
1041
~his Agreement for a period of thirty (30) days (the "Cure Period")
after written notice thereof from the other party shall constitute a
default under this Agreement; provided, however, that if the failure
or delay is such that more than thirty (30) days would reasonably be
required to perform such action or comply with any term or provi-
sion hereof, the such party shall have such additional time as may be
necessary to perform or comply so long as such party commences
performance or compliance within said 30-day period and diligently
proceeds to complete such performance or fulfill . such obligation.
Said notice shall specify the nature of the alleged default and the
manner in which said default may be satisfactorily cured, if possible.
In the event such default is not cured within the Cure Period, the
non-defaulting party shall have all rights and remedies which may
be available under law or equity, including without limitation the
right to specifically enforce any term or provision hereof and/or the
right to institute an action for damages.
4.4 Arbitration. Any dispute, controversy, claim or cause of ac-
tion arising out of or relating to this Agreement shall be governed by
Arizona law and may be settled by submission of the matter by both
parties to binding arbitration in accordance with the rules of the
American Arbitration Association and the Arizona Uniform
Arbitration Act, A.R.S. Section 12-150~, et seq., and judgement upon
the award rendered by the arbitrator(s) may be entered in any court
of competent jurisdiction.
V. NOTICE AND FILINGS.
5.1 Manner of Servin~. All notices, filings, consents, approvals
and other communication 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 certified United States
Mail, postage prepaid, return 'receipt requested, if to:
The Town, the Town Council,
and the Town Clerk:
Attn: Roy Loas
Town of Marana
13251 North Lon Adams Road
1 7
("'0')1
J ",4
1042
with a copy to:
Harold Higgins
Attorney at Law
177 North Church, Suite 200
Tucson, Arizona 85701
The Developer:
Lawyers Title Trust 7610-T
Attn: Joyce Rodda
450 West Paseo Redondo
Tucson, Arizona 85701
with a copy to:
RRT Investments
Post Office Box 31748
Tucson, Arizon~ 85751
or to such other addresses as either party hereto may from time to
time designate in writing and deliver in a like manner.
5.2 Mailinf: Effective. Notices, filings, consents, approvals and
communication given by mail shall be deemed delivered twenty-four
(24) hours following deposit in the U.S. mail, postage prepaid and ad-
dressed as set forth above.
VI. PERIODIC REVIEW.
The Town shall review this Agreement at least once every twelve
(12) months from and after the date hereof. During each such peri-
odic review, the Town and the Developer shall demonstrate their
good faith compliance with the terms and conditions of this
Agreement. Both parties shall furnish such evidence of good faith
compliance as may be reasonably requested by the other party. The
Town's failure to review compliance with this Agreement at least an-
nually shall not, however, constitute or be asserted by either party
as a breach of this Agreement by the other party.
VII. GENERAL.
7.1 Waiver. No delay in exerclsmg any right or remedy shall
constitute a waiver thereof, and no waiver by the Town or 'the
Developer of the breach of any covenant of this, Agreement shall be
construed as a waiver of any preceding or succeeding breach of the
same or any other covenant or condition of this Agreement.
1 8
9024
i043
. '7.2. Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall be deemed 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 physi-
cally attached to a single document.
7.3. Headin~s. The descriptive heading of the paragraphs of this
Agreement are inserted for convenience only and shall not control or
affect the meaning or construction of any of the provisions hereof.
7.4 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.
7.5 Time of Essence: Further Acts. Time is of the essence of this
Agreement. Each of the parties hereto shall execute and deliver all
such documents and perform all such acts as reasonably necessary,
from time to time, to carry out the matters contemplated by this
Agreement as expeditiously as possible. Without limiting the gen-
erality of the foregoing, the Town shall cooperate in good faith and
process promptly any and all requests and applications for plat or
permit approvals or revisions, and other necessary approvals relat-
ing to the development of the Property by the Developer and its suc-
cessors.
7.6 Future Effect.
(a) Successors and Assi~ns. 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 7.p(c) below, with respect to any
Public Lot as defined in Paragraph 7.6(c).
Notwithstanding the foregoing, the Developer's 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 the Developer of all rights and obligations of the
Developer hereunder," the Developer's obligations and
liabilities hereunder shall terminate effective upon the
assumption of such obligations and liabilities by the
1 9
9024
i044
Developer's assignee, provided that the TOWIl has
approved the assignment to such assignee, which
approval shall not unreasonably be withheld.
(b) Term. The term of this Agreement shall commence on
the date of execution by both parties hereto and shall
automatically terminate on the fiftieth (50th)
anniversary of such date; provided, however, that the
Developer shall have the right to extend the term hereof
for one (1) additional period of fifty (50) years upon
written notice delivered to the Town at least one (1)
year prior to the expiration hereof.
(c) Termination Upon Sale to Public. The Town and the
Developer hereby acknowledge and agree that this
Agreement is not intended to and shall not create
conditions or exceptions to title or covenants running
with any portion of ~he Property beyond the period of
ownership of such portions by the Developer or any
successor of the Developer who has accepted an
assignment of the Developers rights and obligations
pursuant to Paragraph 7.6(a) above. Therefore, in order
to alleviate any concern as to the effect of this
Agreement on the status of title to any portion of the
Property, notwithstanding anything contained herein to
the contrary, and so long as not prohibited by law, this
Agreement shall terminate without the execution or
recordation of any further document or instrument as to
any lot which has been finally subdivided and
individually (and not in "bulk") leased for a period of
one year) or sold to the end purchaser or user thereof (a
"Public Lot") and thereupon such Public Lot shall be
released from and no longer be subject to or burdened
by the provisions of this Agreement.
7.7 No Partnership: Third Parties. It is not intended by this
Agreement to, and nothing contained in this Agreement shall, create
any partnership, joint venture. or other arrangement between the
Developer and the Town. No term or provision of this Agreement is
intended to, or shall, be for the benefit of any person, firm, organiza-
tion or corporation not a party hereto, and no such other person,
firm, organization or corporation shall have any right or cause of ac-
tion hereunder.
20
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7.8 Entire A~reement. This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject
matter hereof. All prior and contemporaneous agreements, repre-
sentations an4 understandings of the parties, oral or written, are
hereby superseded and merged herein.
7.9 Amendment. No change or addition is to be made to this
Agreement except by a written amendment executed by the parties
hereto. Within ten (10) days after any amendment to this
Agreement, such amendment shall be recorded in the Official Records
of Pima County, Arizona.
7.10 Names and Plans. The Developer shall be the sole owner of
all names, titles, plans, drawings, specifications, ideas, programs, de-
signs and work products of every nature at any time developed,
formulated or prepared by or at the instance of the Developer in
connection with the Property; provided, however, that in connection
with any conveyance of portions of the Property to the Town such
rights pertaining to the portions of the 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 uti-
lize all such materials described herein to the extent required for the
Developer to construct, operate or maintain improvements relating to
the Property.
7.11 Good Standin~: Authority. Each of the parties represents
and warrants to the other (i) that it is duly formed and validly ~xist-
ing under the laws of Arizona, with respect to the Developer, or a
municipal corporation within the State of Arizona, with respect to the
Town, (ii) that it is a Town or municipal corporation duly qualified to
do business in the State of Arizona and is in good standing under
applicable state laws, and (iii) that the individual(s) ex~cuting this
Agreement on behalf of the respective parties are authorized and
empowered to bind the party on whose behalf each such individual
is signing.
7.12 Severability. If any prOVISIOn of this Agreement is de-
clared void or unenforceable, such provision shall be severed from
this Agreement, 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 commitment to
perform any act hereunder, this Agreement shall remain in full force
2 1
9024
j046
; and effect, but the provIsIon reqUlrIng such action shall be deemed to
permit the Town to take such action at its discretion. If, however,
the Town fails to take the action required hereunder within the ap-
plicable Cure Period described in Paragraph 4.3 above, the Developer
shall be entitled to terminate this Agreement,
7.13 Governin~ 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.
Section 38-511.
7.14 Hold Harmless In addition to any other remedies
permitted at law or equity and arising from the ,execution of this
agreement, the Developer hereby agrees to hold harmless the Town,
but only to the extent authorized by law, from any and all claims and
costs, including but not limited to resonable costs, actually and
directly incurred 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 an 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 (10) days of the Developers 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 in a
prompt and timley manner, the Developer shall pay the Town's
reasonable attorneys' fees and cost incurred in the collection of same.
7.15 Recordation. This Agreement shall be recorded in its en-
tirety in the Official Records of Pima County, Arizona not later than
ten (10) days after this Agreement is executed by the Town and the
Developer.
7.16 No Representations by Developer. Nothing contained
herein or the Development Plan shall be deemed to obligate the
Developer to complete any part or all of the development of the
Property in accordance with the Development Plan or any other plan,
and the Development Plan shall not be deemed a representation or
warranty by the Developer of any kind whatsoever.
22
9024
1047
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
TOWN OF MARAN A, an Arizona
municipal corporation
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Attest:
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City Clerk
Approved as to form:
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lj-'1{~i( 4Jf--1 'f/L/t(1j ~/-+--
City Attorney J J T-
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LAWYERS TITLE TRUST 7610-T
LAWYERS TI OF ARIZQNA, an Az. corp. as Trustee under
Trust 7610 not 0
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STATE OF ARIZONA )
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County of Pima )
The fOregOi~~enl
-1 3 day of
the. ~'-
Arizona m nicipal . corporation,
was acknowledged before me this
, 1911-, by 0 J\,a- 6(0---
of the TOWN OF MARAN A, an
on behalf of said corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
My commission expIres:
e- OFFICI\L SEAL
:!. '1\.'" DOK. ,i; e. :",'~LES
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My CO'''101issic L ,lure:; ~. :S93
ST ATE OF ARIZONA
County of
Pima
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The foregoing instrument
23rd day of April
the Assistant Vice President
behalf of said aJI"fX)ration
was acknowledged before me this
, 19~, by Joyce M. Rodda
of LAWYERS TITLE TRUST 7610-T, on
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires Dd)wt/U--:.l lJ. &9.{'~/
Notary Pubtic
,
LIST OF EXHffilTS
EXHIBIT" A"
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT "B"
DEVEWPMENT PLAN
EXHIBIT" C"
DISTRICf INFRASTRUCfURE
IMPROVEMENT OUTLINE
EXHIBIT "D"
ZONING CLASSIFICATIONS
24
9024
i048
LEGAL MAP
Exhibit A
'''-;;\. ~"')~:'~,~~ilt\~ - ':;~, ",:..
\ J~jll~:~~~~. J!'~~b:i]l .~\~. . SH ..'
; ~: Parcel 2 ~:... :mm~~;;:~;gmmmm: II
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LEGEND
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1m
Lawyers Title of Arizona.
TR 7510-T Parcels
~ rr\ THE
el) =NG
toOH. ~ca<TUl0AlVE. SUITE~
TUCSON, AZ a5710 1=) 823-4,..
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Exhibit A
LEGAL DESCRIPTION & MAP
Lawyers Title of Arfzona TR 7610-T
Parcel 1
All tn.c portion of Sections 35, and 26 To~~ship 12 South, Range
12 lan, Gila and Selle River Heridian Base, Pima County,
Arizona, more particularly described as follows:
Co~enci~g at the southeast corner of the northwest quarter of
said Section 35;
:hence Sorth 00046'07" West along the east line of said
northwest quarter a distance of 366.18 feet to a point, said
?oinc being the TRUE POINT OF BEGINNING;
Thence continuing North 00046'07" !.Jest along said east line of
the northwest quarter a distance of 949.64 feet to a point;
Thence South 89028'15" West a distance of 633.17 feet"to a point
of intersection with the easterly proposed right-of-way line of
the Santa Cruz River;
Thence Sorth 22'35'46" West along said easterly proposed
right-of-way line for the S&nta Cruz River a distance of 462.96
feet to a point of tangent curvature to the left from which a
r.1di<11 lir.e bears South 67024" 14" tIes: to the center;
Thence northwesterly along the arc of said curved prop'osed
right-oE.way line to the left a distance of 582.68 feet through
a central angle of 13"37'36" to a point of intersection with a
~on-=a~ge~c line;
Thence departing said easterly proposed Santa Cruz River
righ::-of-'.;ay line North 47018'03" East a distance of 10-\3.10
fee:: ;
7hancQ SQUe~ "'19'3J" E~se A diseance of 19".82 fQ&~;
T:1ence South 47'00'27" Ea.H a distance of 1300.00 feet;
Thence Souch 15.30'27- Eaat a distance of 670.00 feet to a point
0: in:ersec:ion with the south line of the nortneast quarter of
Sectio:"l 35;
~
9024
051
lParcel 1 Cont.)
Thence South 89029'))" West along said south line of the
northeast quarter of Section 35, a distance of 1450.35 feet co a
poine of intersec:ion ~ith the easterly proposed right-of-~ay
li~e of the Santa Cruz River;
:hence ::c:.-::::-. 630]5':'6" ~;cs:: along said cas::erl::' ;::.-opcsed
r~g~::-of-~ay ~i~e a dis::ance of 257.9~ fece to a ?oint ot
tangent curvature to the right from ~Ilich a radia~ ~inc ~ears
;ior::h 21.24'14" E.1sC a distance of 1835.00 feet ::0 ::he center;
Thence north~esterly along the arc of said curved right-of.~ay
line a distance of 536.99 feet through a central angle of
16.46'01" to a point of intersection with non-tangent west line
of the northeast quarter of Section 35, said point being the
TRUE POINT OF BECINNING.
Parcel 2
All th&~ portion of Section 35, Township 12 South, RAnge 12
EAae, Gila and Salt River Base and Meridian, Pima County,
Arizona, more particularly described as follows:
Commencing at: the' southeast corner of said Seceion 35;
Thence North 00"48'27" West along the east line of said Section
35, a distance of 75.00 feet to a point on the north
right-ai-way line of lna Road;
Thence ceparting said section line South 89024'14" West along
said north right-of-way line a distance of 542.96 feet to a
point;
Thence departing said right-of-way line North 00035'46" West .:l
distance of 500.00 feet to a point;
Thence South 89024'14" ~est a distance of 197.83 feet to a
pain:, s~id paine: being the TRUE POINT OF BEGINNING;
Thence continuing South 89"24'14" West a distance of 1012.17
fee t to a point;
Thence North 00-35'46- ~est a distance .bf 1197.78 feet to a
point of intersection with a non-tangent c~rve, said curve being
the ~es~erly proposed righe-of-way line of the Santa Cruz River
tro~ whLch & radial l1ne b.Ars South 23-54'31" West a distance
of 1835.00 feet to the center; . .
Tnence southeasterly along the arc of said curved proposed
right.of.~~y line to the right a distance of 1620.30 feet
through a central angle of 50-35'31" to a point of intersection
~it~ a non-~4~Gnt line, s.id poine.being the TRUE POINT OF
EEGINNINC.
9024
1052
Earcel3
All 0: chat portion of the West one-hal f of t~e Southwest
qua:-~e:- of Section 36, T.o~nship .12 South, Ran~e 12 East,
Gila and Salt River Merldlan, ?lma County, ArIzona, more
particularly described as follows:
C C :1 ~E~; C n; Gat: t :: e SOU t h we s t cor n e r 0 f s aid Sou t h we s t
quar~er, THENCE N 00020'19" W along tr:.e West line
t.he:-eof, 621.55 feet to the POnlT OF BEG!NNING:
':'HE~;CE continuing N 00020'19" i'l alene;
201:'.57 feet to the No:-t!1'....est cor:-.er
~a:'f of the Southwest quarter:
s aid. ~~' est 1 i:l e ,
0: said West one-
':' H E ~J C E N 89 0 5 2 ' ~ ~ II E a Ion g the Nor t h 1 in e the reo f, 577.00 .
feet:
':'HENCE 5 00020'19" E, 45.100 feet:
THENCE N 89052'44" - and parallel with said North line,
538.59 feet:
THENCE S 48012'06- W, 213.55 feet;
THENCE S 00019'17- E and parallel with the East line of said
West one-half of the Southwest quarter, 68.00 feet;
THENCE N 89052'44~ E and patallel with the North line of
said West one-half of the SouthweSt quarter, 234.00
feet;
THENCE S 62052'31- E, 141.98 feet to the East line of said
West one-half of the Southwest quarter;
THENCE S Ooo19'17ft E along said East line, 2242.10 feet;
THENCE N 89056'50- W,~75.00 feet Northerly of and parallel
~ltn the South line of said West quarter of the South-
west quarter, 1014.85 feet;
7HENCS ~ 00020'19- w, 300.00 feet Easterly of and parallel
with :he West line of said West one-half of the South-
....esc quarter, 300.01 feec.;
':' ~ =::: C::: :j S 9 0 5 6 ' 5 0" ;\', 3 7 5 . Oaf e e t :: 0 r ~ her 1 y 0 f ~::. d ? a r a 1l e 1
',,' 1. :: h :. h e S c u .1: h 1 ~ ~.: J f ~ aid ;.; e s: c;: e - h a l: :::: :: h e .3 c u :: :J _
~e5t =~ar:a:, :52.44 t~e~ :0 a =Ol~: en a C~=~e :h:~ush
',.' h.l, c:.~ . a r .a c:::.i. .a .l. 1;. .":. :: <! A :- S :~ a 3 i..; 7 ' .; 3 ~ ::.;
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...-.1 - I. -_.. -_ -- "_ .;::-..~ CUrle conca~e to t~e ,'Iest
;., -;,... - '";., .= ?.......- ""'0 -. ,
..a......c; a. caa_,-s 0_ ~:;Jo:).\J teet ana a cer.::[.:d d:1cle or
" :: 0 ") . , , 3 ~ an - 1 . -?, 9 7 4 . ~
U..J ""'" .::.::c _engt:1 Or ~". feet to ::he POINT OF
3E:G I ~W ING;
Wm.l
9024
053
<Parcel 3 Cont.)
and
All ::hat portion of Section 36, 701.lnship 12 South. Range U
E3st, Gila and Salt River Meridian, Pima County, Arizona, nore
particularly described as follows:
The ~est 300 feet of the south 375 feet of the ~est half of the
south~est quarter of Section 36;
Sxcluding ~he south 7S feet of said parcel.
All that portion of the west half of the southwE!st quarter
of Section 36, Township l~ South, Range 12 East, Gila and
Salt River Merdian, Pima County, Arizona, more particularly
described as follows:
"
COMMENCING at the northwest corner of said west half, THENCE
N 89052144" E along thE:. north line thereof, 577.00 feet
to the POINT OF BEGINNING;
THENCE continuing N 89052144" E along said north line,
738.03 feet to the southwest line of CLARK'S VISTA DE
LAS MONTANAS, as recorded in Book 8 of Maps and Plats
at Page 72, records of Pima County, Arizona;
THE~iC:: S 42016'40" along said south.....es ~ ' : --.:::. o. a 7 f-eet: :0
- _ .4.. _ ,
-"',Q eas: 1 ine or said ....est:. ~alf;
~...-
T::E~iC::: S 00013'17" - al:lng 5aid east li~e, ~-L36i
TEE~iC2 S 89052'44" 'tl, 45.00 feet. soucherly of and parallel
....ith ~he north line of said west half, 738.59 feet;
THENCE N 00020119" Wand parallel with the west line of said
west half, 45.00 feet to the POINT OP BEGINNING;
~
9024
O t:!
...,4
(Parcel 3 Cont.)
E:<CE?r a part of the No~st QJ.arter of the S:Ju~ Quarter of Section
36, To.mS."U.P 12 So.lth, Range 12 East, Gila and Salt River Base and ~idian,
Pi.T'fi3. Co.mty, Arizona, descr:il:ed as follC1.olS:
~ING at tre Norti'r,..1ect corner of the said North,.,1est Quarter;
t..""e..'1Ce North 89 degrees 24 minutes 52 secorrls East alcng the North line
of t..lJe said No~st QI.J.arter a distance of 577.00 feet to the POlNl' OF
ES:;~'"DJG at the point of curvature of a tangent curve a:::mcave to the South;
t:'.e.nos Easterly along the arc of said curve, to the right, having a
:-2fii.\.:.S of 373.00 feet and a central angle of 19 degrees 18 minutes 32 .secanO.s
for an arc cistance of 125.70 feet to a point of reverse curvature of a
tange.."1t: C'J..."\."e concave to the North;
tl'en:e Easterly along t:.r..e arc or said a:rve, to the It::ft, having a
radius of 427.00 feet and a central angle of 19 degrees 18 minutes 32 seconds
fer an arc distance of 143.90 feet to a point of cusp on a line 45.00 feet
.south of and parallel with the said North line;
t.."ence S:luth 89 degrees 24 rtlin~tes 52 seconds W;:st along t:i".e said
?aIallel l.:..:-.e a distance of 264.36 feet to a line 577 .00 feet East of and
;:-,~allel with tr.e West line of t..\;e said No~st Quarter;
1:.1;e."'lCe t\ort..'1 00 degrees 48 minutes 19 seconds West along the said
parallel line a distanCe of 45.00 feet to THE POINT OF Bffi:J-.1NIN:3.
9024
1055
. .:. . ,. ., ,., ~ . ,. . ... I'''''' " . ". I ..
DEVELL .=>MENT PLAN
. I
/
-: !
, - ~ ..
LEGEND
PERMlTI'ED USES:
Industrial Uses In~ludi.nJt:
Manufacture, distn'bution and sales
of asphalt. (:()nere~ or <:elMnt
prod\ld$, brick or similar products.
MiniMa Activities fucludin1t:
Sa.nd and gravel tlullCtion for use
in mllMtCtutlI\8 or rf.lale of tiw
ft\alA;!nah. Recaprure, storage e.nd
resale of surface water.
l.JI "dfill ODeratioM:
Limited to non-organic
constnJclion ~bris and similar
mali:riah.
RecreAtion Us('s lncludin,,:
Private and public active or
passive parb. Ilthl~tic fields, trails,
water features utili ring emue.nt,
open spac(! &nd similar uses.
902Lt
~ 00 ~NNING
00 a:NTER
~"~(:(,,"(llb,.M JAJlTU"
TV<:$.I)'l. ,,1. "',110 ;(eIn)'t.lH'<!
O.t::C
vO
EXHIBIT "c"
District Infrastructure Improvement Outline
A. The property is presently utilized for Mining/Landfill
Operations, and afforded all the rights and exclusions under A.R.S.
11-830. Pima County has placed an overlay Zoning of GR-l/CI-2 on
the subject property.
B. The developer will continue the present activities and intends
to mine the mineral reserves to their maximum to create a Effluent
storage area and ground water recharge area. The area located
within the Santa Cruz River will require an Engineers certification
(licensed in the State of Arizona) that adjoining property will not be
damaged by this activity subject to review and approval of the Flood
plane authority in existence at the time of submittal.
C It is anticipated that the CFD will be used to expand the: area
and provide infrastructure for mining, storage, and distribution of
effluent. There will be a distribution system and pumping facilities
constructed as required for the distribution and sale of Effluent.
25
902(.
1057
LEGAL DESCRIPTION
ZONE A
ALL that certain real property, situate in the county of Pima, .
State of Arizona, being a part of Section 35t T 13 S, R 12 E,
G. & S. R. M., more particularly described as follows:
BEGINNING at a point on the south line of the southeast quarter
of said Section 35, from which said point a brass disc in concrete
mat"king the southeast corner of said Section 3S bears U 890 52' 30"E
306.00 feet distant;
THENCE from said POINT OF BEGINNING and leaving said south line.
N 000 07' 30" W 25.00 feet to a noint on the approximate north
edge of pave~ent on INA ROAD, said point being the TRUE POINT OF
BEGINNING of the parcel to be herein described;
THENCE from said TRUE POINT OF BEGINNING, westerly along the
a p pro x i mat e nor the d 9 e 0 f P a v erne nt, S 890 52 I 30 .. W 2 32 1 . 02 fee t
to a point on the west line of said southeast quarter of said
Section 35;
THE NeE nor the r 1 y a 1 0 n g s a i dv, est 1 i n e, N 00 0 1 7 I 1 2 II W 5. 00 fee t
to a point thereon;
THENCE leaving said west line, N 89056' 19" W 60.11 feet to a
point of intersection of the north right-of-way line of said
INA ROAD with the southwest right-of-way line of SlLVERBELL ROAD
as recorded in Book 3 at Page 42 of Surveys, Records of pima
County, Arizona.
THENCE northerly a10n9 said southwest right-of-way line.
N 420 25' 4711 H 199.06 feet to a point of curvature;
THENCE northerly along the arc of a tangent curve to the r1ghtt
having a radius of 746.20 feet and a central angle of 310 44' 50",
an arc distance of 413.46 feet;
THENCE tangent to the preceding curve, N 100 40' 5711 W 470.07 feet;
THENCE northerly along the arc of a tangent curve to the left,
having a radius of 924.93 feet and a central angle of 22052' 13",
an arc distance of 369.20 feet;
THE NC Eta n 9 en t tot h e !'H" e c e din 9 C LJ r v e, N 3 3 0 3 3 I 1 0 " \.1 68 9 . 0 8 fee t t
THENCE northwesterly along the arc of a tangent curve to the left,
having a radius of 744.27 feet and a central angle of 400 35' 34",
an arc distance of 527.30 feet;
THENCE tangent to the preceding curve, N 740 08' 4411 H 232.78 fect,
THENCE northwesterly along the arc of a tangent curve to the right,
h a v i n gar ad; usa f 6 1 4' . 6 5 fee tan d ace n t r a 1 a n 9 1 e 0 f 40 0 1\ 1 I 1 9 \I t
an arc distance of 436.49;
THENCE tangent to the preceding curve, N 330 271 2Su W 889.58 feet;
THENCE northerly along the arc of a tangent curve to the left,
having a radius of 606.62 feet and a central angle of 230131 16".
an arc distance of 245.85 feet to a point on the west line of said
Section 35;
Continued on page 2
0(1011
.;;uc."7'
1059
ro~"''' "'. ..
Cortin~ed from page 1
THENCE northerly along said west line, N 000 31' 4911 w 497.30
feef to a point thereon~
THENCE leaving said \'lest line, N 890 57' 26" E 1717.00 feet;
THENCE N 300 17! 03" W 839.49 feet;
THENCE N 47047' 1.4" E 1366.14 feet to II point on'the southwQst
line of PEPPERTREE RANCH BUSINESS PARK as recorded in Book 33
of Maps and Plats at Page 97 thereof, Records of Pima County,Arizona;
THE N C E sou the as t e r 1 y a 1 0 n 9 sa ids 0 u t h'rl est 1 i n e, S 4 30 3 9 I 5111 E
1956.78 feet;
THENCE S 46031' 16" E 1300.00 feet;
THE N C E S , 5 0 0 l' 1 6 o. E 6 2 3 . 4' fee t tot h e sou t h "I est cor n e r 0 f
said PEPPERTREE RANCH BUSINESS PARK;
THENCE east~rly along the south line of said PEPPERTREE RANCH
BUSINESS PARK. N 890 581 44" E 487.27 feet to the southeast
corner thereof;
THENCE SOl)o 21' 01 tI E 45.00 feet to the quartct' corner common
to said Sections 35 and 36;
THENCEwestcrly along the north line of said southeast quarter
o f s a 1 d Se c t ion 3 5. N 89 0 57 I 4 3 " H 2 6 2 5 . 1 4 fee t tot h e c e n t e r
quarter corn~r of said Section 35;
THENCE S 45\) 42' 30" E 1235.03 feet;
THENCE S 800 12' 0811 E 127.74 feet;
THENCE S 740 21' 27" E 201.72 feet;
THENCE S 660 57' 07" E 199.97 feet;
THENCE S 58 0 0 7 1 1 111 E 4 0 5 . 8 9 feet;
THENCE S 500 27' 3211 E 200.16 feet;
THENCE S 370 26' 4511 E 403.84 feet;
THENCE S 230 20' 31" E 263.67 feet;
THENCE N 89 0 52' 3 0 II E 9 6. 11 fee t ;
THENCE S 000 07' 30" E 690.00 feet to the TRUE POINT OF BEGINNING
and containing 13, 892, 059 square feet or 318.9178 acres of land~
902~
1060
...
'.'
~ , . ,I ~
ZONING CLASSIHCATION PLAN
- :
E~hibit 0
l,
JI'# ,.'
LE:GEND
I
Proposed Marana Zone A
~ 00 TH~
00 PLANNING
*N. fNlU'l('-C QIllYI.IUlTU"
TUCSON. ~z .", tol .".,"
[g....'..."""......
..............
...............
,.............
...............
..............
....."........
.....".......
.........
Proposed Marana Zone E
9024
058
.. "
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