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HomeMy WebLinkAboutOV120710LOT5 65 9 * 10 .PRELIMNARY DEVELOFMENT PL VIGIN17%r MAP N.T.5. DESCRIPTION:LEGAL (VOTES AND CALCULATIONS Lot 8 NORTH 1. THE GROSS AREA OF THIS DEVELOPMENT IS: 46,148 SF NET BUILDING AREA IS: 4,000 SF 2. EXISTING ZONING IS: C-2 COMMERCIAL 3. PROPOSED USE: RETAIL/GENERAL OFFICES 4. OCCUPANCY GROUP: B (BUSINESS) 5. TYPE OF CONSTRUCTION: VB 6. THE REQUIRED AMOUNT OF OPEN SPACE IS: 10% OR 400 SF TOTAL AREA OF OPEN SPACE IS: +/- 7,800 SF REQUIRED/ALLOWED PROVIDED 7. SITE/LOT AREA: NA 8. BUILDING HEIGHT: 30' 16' MAX 9. BUILDING SETBACKS: NORTH CANADA DEL ORO 0' SOUTH PRIVATE STREET 0' EAST C-2 0' WEST C-2 O' PARKING AND LOADING SPACE CALCUATIONS: REQUIRED/ALLOWED PROVIDED 10. VEHICLE: TRAILHEAD 10 10 50% RETAIL & OFFICE 50% 3.5/1000SF= 14 14 SURPLUS _ 10 TOTAL 24 34 11. HANDICAPPED: 1-25= 2 4 VAN ACCESSIBLE: 1 1 12. BICYCLE: 1 PER EA. 20 SPACES REQ'D 1 13. LOADING ZONE: 0 0 LOT 9/10 14. THE GROSS AREA OF THIS DEVELOPMENT IS: 51,806 + 46,726=98,532 SF NET BUILDING AREA IS: 80,500 SF 15. EXISTING ZONING IS: C-2 COMMERICAL 16. PROPOSED USE: SELF STORAGE 17. OCCUPANCY GROUP: S-2 (STORAGE) 18. TYPE OF CONSTRUCTION: 1113 19. THE REQUIRED AMOUNT OF OPEN SPACE IS: 10% OR 8,050 SF TOTAL AREA OF OPEN SPACE IS: +/- 15,000 REQUIRED/ALLOWED PROVIDED 20. SITE/LOT AREA: N/A 21. BUILDING HEIGHT: 30' 30' 22. BUILDING SETBACKS: NORTH CANADA DEL ORO 0' SOUTH PRIVATE STREET 0' EAST C-2 0' WEST C-2 0' PARKING AND LOADING SPACE CALCULATIONS: REQUIRED/ALLOWED PROVIDED 23. VEHICLE: 1500 SF OFFICE 3/1000= 4.5 79,000SF STORAGE .5/1000=39.5 TOTAL 44.0 36 + SURPLUS @ LOT 8 10 TOTAL 46 24. HANDICAPPED: 26-50=2 2 VAN ACCESSIBLE: 1 2 25. BICYCLE: 1 PER EA. 20 SPACES REQ'D. 3 26. LOADING ZONE: 12X35 3 3 (A 517F. FL.AN Z4 I "=40' NORTH _ _,, Ali vu� �. �- r �� •fie mm architects, LLC -)7")l F R—.i—", RI.,11 C—o — CIAF11 QD 4P LOT 10 /* Z 0 �vAl, SELF T -) c0 GE 41,250 "q LO ZONE FT T R A I 4 ATr I I! 0 ta H *E: AD c-H E T QHEE -7 f# .......... L 4 10 2 1 z. L31 5 f r4 SELF STORAGE 42,570 SF RETAIL/OFFICE 5,040 SIF -Alf % J _T LOT 8 x 'A 0 F 14-t eIN E Al /A Z P�- Gf Z �Z < < CM U) W, < Z-) a- > Master Developmennt Plan General Notes'. A. Gross site area 17.00 acres B. Estimated Graded acres 17.00 acres C. Open space required 1.7 acres D. Open space areas provided 1.8 acres E. Natural open space provided N/A F. Property Zoning C-2 G. Adjacent Zoning - North POS (Wash) East PAD (Commercial) South (Road) West (NA) H. Building Set Back - No New Buildings I. Buffer Yards required - North - Adjacent to River Park (Open Space) No buffer yard required East - No Buffer Yard required along Commercial South - Development Public ROW 30' Buffer Yard "A" West - NA J. Adjacent Roads - Pusch View Lane K. The property owner is responsible for maintaining the irrigation system as long as necessary in order to transition plants over to natural sources. Any plant materials that die for any reason, shall be replaced in accordance with section 4-211 (Maintenance). L. The property owner shall maintain all plants within the Buffer yards to ensure unobstructed visibility to motorists (Sight Visibility Triangles). All shrubs, accents, and ground covers shall not exceed 2 feet in Height. Trees will be maintained to ensure that branches/ canopy foliage is not below a height of 6 feet. Master DevaDdlopment Plan Landscape Notes: - In the event of abandonment, the proposed graded areas shall be revegetated with a native desert seed mix indigenous to this area. Created slopes shall be stabilized with slope stabilization standards and seeded with native seed mix. 2. All transplant material with a 3" caliper or 6' tall shall equate to a larger than 24" box tree. 3. Desert Seed or 2" deep, 1/2" Decomposed Granite to be placed in all landscape areas as noted. 4. Additional plants may be deemed salvageable by the zoning inspector, and shall be salvage. 5. All proposed building shall be landscaped on all four sides as required per Se--. 14-205.C.4, and Sec. 14-205.C.I. 6. Any outdoor lighting shall meet the standards of the OVZCR Chapter 13-1-5 and Chapter 17. 7. The location of the building pads, parking areas, landscape areas, location of loading area, clumpsters and similar code -required elements within the individual lots are conceptual and may change pursuant to the design needs of the individual owners. Each developer of individual lots shall submit for approval a Lot -specific development plan, improvement plan, landscape plan, and architecture and shall ensure that all features of the development meet Town Codes as well as the design standards of the subdivision's CC&Rs. 8. Trees shall not be planted under outdoor lighting structure. Landscape plant material shall be arranged in a manner not to obstruct security measures per Sec. 14.205.A 17 of OVZCR. q._ * Lem a F.Al 11016" 91.111110 :4 Lei; I to 4 SOL• AN 0 Al 0 AWIN 10404LI M-1 MaT IMNL*190=11jr "Nallkylval 'law; 4104 b".1 I Z400111 I Lei I'! W-0 04JR1 to] 01 MM V 10 _JW.A01§1*4LA1:1IW.11Z 100L *C1.111091111LENW, IRIIIIIIIIIIIII!, K J lk lk Wid is M&I 62-.37 12-15 NSA 58-70 _T IN US PIPIOJBL-i�03' W"_%% 59-71 UNSUB LANDSCAPE LEGEND 7-41 e architect --Tc _v 50 15-21 Supply and install the tollowl,iiiing pl`aF Fo Te I enty location prior to planting. All plant material to meet ANA specifications and be of UNSUB sound health and appearance. OQ -6-1212 0 TREES SIZE QTNI 13 18 13-60 Brachychiton popu�,neus Standard 17 JNSUB Bottle Tree 15 Gallon �G�(Stakecl) Ca1isterrion citrinue; Standard 7 OLemon Bottlebrush 15 Galion BEING A PORTION OF SEC. 12, T-12-S, R-13-E, (Staked) GAS.R.M., TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA Cercidiurn hybrid 'Desert Museum' Standard 4 lDelsert Museum Palo Verde 24" Box _(Staked) Site General Notes: Prosopis velutina Multi 7 1. Gross area of the site: 98,532 SF Velvet Mesquite 15 Gallon 2. Total acres graded: 98,532 SF 3. Total open Space required: None Cercidium floridum Multi 7 4. Total open space provided: None Blue -Dalo Verde 15 Gallon 5. Total undisturbed natural areas: None SHRUBS/ ACCENTS SIZE Opuntia violacea v. Santa Rita. 6 pad .m-n, Landscape Notes: 1�9 Purple Prickly Pear 1. All plant material to be irrigated by a fully automatic underground Ruellia californica 5 Gallon 20 irrigation system complete with back flow preventer that meets all Sonoran Desert RUellia local codes. Tei-oma alata 5 Gallon 9 2. Vegetation within the sight visibility triangle shall not interfere with the Orange Bells CaesalpiniaulchE�rrjma 'Phoenix' Gallon 12 visibility plane described by two horizontal lines located 24 inches and Phoenix D11 rF",\ x5 of Paradise 72 inches above finished grade or roadway surface. Hymenox s acauli.s 1 Gallon 60 3. Inorganic ground cover shall be placed 2" deep in all planting areas Angel Kisy and non -paved areas. ALantana camara'Irene5 Gallon 14 4. This Landscape Plan shall be in conformance with the approved IrenE, Lantana Native Plant Preservation Plan and Landscape Plan for OV-12-03-22 Leucophullum langmaniae 5 Gallon 38 Ric) Bravo Sage and all requirements set forth therein. Mascagnia macroptera 5 Gallon 2 Yellow Orchid VinE� Maintenance Provis'ons: All landscape areas will be maintained on a regular basis under the �GROUND COVERIIHARDUSPE IVIATERIIAL supervision of the property owner. This maintenance is to include v // �- Lantans montevidensis 1 Gallon 93 pruning, fertilizing clearing debris and weeds, and removing and �/y Trailing Lantana (Yellow and Purple mix) TO.C. replacing dead plants. DGOrYp.) De(,cmposed Granite - 1/4" minus -Desert 2. All landscape areas will be irrigated using an automatic, underground ,c approved equal - 2"' in planting areas as noted. irrigation system. 3. The property owner shall maintain all plants within the buffer yards to NOTES: ensure unobstructed visibility to motorists. All shrubs, accents, and 1. Plant quantities are provided for reference only; contractor shall provide groundcovers shall not exceed 2 feet in height. Trees will be calculations for quantities and install all plant material as shown on the plans. maintained to ensure that branches/canopy foliage is not below a 2. Contractor shall notify architect of any discrepancies found on landscape and height of 6 feet. irrigation plans. 3. Contractor shall provide utility locator services both public and private for the project site. 4. Contractor shall feathear dg or sized rock edge to native soil/ seeding areas. � ij­- ­­ SHL-_C: N 1INDEX: 1-1-1-3 LANDSCAPE PLAN L4-L5 IRRIGATION PLAN L6 DETAIL SHEET TOWN OF ORO VALLEY NATIVE PLANT PRESERVATION SALVAGE AND MITIGATION PLAN APPROVED BY: PLANNING AND ZONING ADMIN13TRATOR [)ATE EASEMENTZ5 LOT LINE PA'VEMENT LINE PROJEC T LIMI-F RIGHT OFWA-( "MEW MMEMENOW, *111111111111W, ED Design Review El Design Development Oft 0 Construction Documents i 39813 0 Agency Review Lo ERIC R. BARRrn F-1 Build/Pricing Package M Construction Issue NA No. REVISIONS/SUBMISSIONS I Date ARC STUDIOS Chris winters & associates A TMHS COMPANY 820 north 3rd street 4 6300 E. El Dorado Plaza Suite A220 phoenix arizona 85004 t :: 602 955 8088 Tucson, AZ 85715 f 602 253 3606 phone 520 882 %55 fax 520 882 4307 V �&Ar �F wwarcstudiosinc.corn landscape art i6cture . urban design environmental services irrigation design #I Develcipment I n to r, Agency Reference Number: 0 -V1 2-07-10 P 1�,c czt remie, -oei. �Dtorage ProjectNo.- �Z�t 1 4=-.) f oOr-) Vaflu 01-06098 Date: Lots 8, 9 & 10 of Mercado del Rio October 26, 2007 Bk. 59, Pg. 28 M&P., A portion of section 12, Drawn by: DJR T-12-S, R-12-E, G&SRM., Checked by: Town of Oro Valley, Prima County, Arizona ERB ;;� A r% _Ml­ Drawing Title: LANDSCAPE PLAN TWO WORKING DAYS BEFORE YOU DIG. 1 CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER -CALL COLLECT ARC STUDIOS Contact: Lisa Radtke Drawing Number: 6 D+ 0, 41,250 SF VT r— r `< _ 4, 3C (6) r .G+ , 1 4t . r LAINDSCAPE L Gi p fy an Ins a e o owing pan ma aria . Landscape architect 10 field verity location prior to planting. All plant material to meet ARIA specifications and be of sound health and appearance. LINE E . a EASEMENT S LOT LINE PAVEMENT ENT LINE PROJECT LIMIT RIGHT OF WAY ® -Cale. 1 "= 20' go-2 a ra §_ chychiton popuineus Standard ,tie Tree 15 Gallon aked) listeimon citrinus Standard non Bottlebrush 15 Gallon aked) Cercidium hybrid 'Desert Museum' Standard Desert Museum Palo Verde 24" Box (Staked) Prosopis velutina Multi Velvet Mesquite 15 Fallon Multi 15 Gallon SH UBWACCENTS SIZE Opuntia violacea v. Santa Rita 6 pad rain Purple Prickly Pear O Ruellia californica 5 Gallon Sonoran Desert Ruellia Tecoma alata 5 Gallon Orange Bells TCaesalpinia pulcherrima 'Phoenix' Phoenix Bird of Paradise 5 Gallon Hymepoxys acaulis Angelita Daisy 1 Gallon Lantana camara 'lrene' 5 Gallon Irene Lantana OLeucophullum langmaniae 5 Gallon Rio Bravo Sage ® Mascaclnia macroptera 5 Gallon Yellow Orchid Vine m in h 19 0 QTY 5 20 9 12 60 14 38 2 GROUNDCOVER/HARD SCE E MATERIAL ftLantana montevidensis 1 Gallon 93 w4 Trailing Lantana (Yellow and Purple mix) T O.C. DG P.) Decomposed Granite - 1/4" minus -Desert Tan or approved equal - 2" in planting areas as noted. ❑ Design Review ❑ Design Development ❑ Construction Documents ■ Agency Review ❑ Build/Pricing Package ❑ Construction Issue REVISIONS/SUBMISSIONS 39813 ERIC R. 3ARRETi t0 Date ARC STUDIOS Chris winters & associates' A TMHS COMPANY 820 north 3rd street 6300 E. B Dorado Plaza Phoenix arizona 86004 Suite A220 t :: 602 955 8088 P Tucson, AZ 85715 f :: 602 253 3606 -� Phone 520 882 9655At t fax 520 8824307�ti 11 www.armtudiosine.com - iandsca cture . urban design . environmental services. irrigation design NIMMIREMOM Agency Reference Number_ P'lan ff,,D r OV12-07-10 Uevelopment r-01 Premier S-"e f Storage Project No. 01-06098 of 0)ro Valle Date: October 26, 2007 Lots 8, 9 & 10 of Mercado del Rio Drawn by: Bk. 59, Pg. 28 M&P., A portion of section 12, DJR T-12-S, R-12-E, G&SRM., Checked by: Town of Oro Valley, Prima County, Arizona ERB CAD rile: 01-06098_L2 ARC STUDIOS Contact: Lisa Radtke Drawing Na --he-: I nall UECF_b-!'TJ_R_A_G3E 42,570 SP EXISTING PLANTS PER OV12-03-22 rf-% MKAAJKI 5 F.1. 19\0 N SS L S, 0 ?G IDT 1 L u' T IN, N! P R D 0 D E R I L L DKT -7 PP i Isay I lie of N lef-1111 I M1 I'Ll 1 :11 WWAI ON m W. 4111 "fle "I MV=W_l=_ A w 1* .4 LOGO= 1AWNWIMIUVAI 0 Lei 1.1 =11INQ :11 ION01 RIL0410" T [9101 I'L4 [Q JIL I JLN WAI ;L I . *I L, ILI]DIEPZE,[Ln v I "I AAMI LINE LEGEND EA SE M E N T S LOT LINE PAVEMENIF LINE PROJECT LIMIT RIGHT OF WAY LAND&CAPE LEGEND Supply Eirild install the_f6`l­I­owing pIant material. Landscape architect to field veffiff— location ]prior to planting. All plant material to meet ANA specifications and be of j sound health and appearance. rREES SIZE Wrach��chiton populneus Standard Bottle ree 15 Gallon (Staked) --callistemon citrinus Standard Lemon Bottlebrush 15 Gallon (Staked) Cercidium hybrid 'Desert Museum' Standard Desert Museum Palo Verde (Staked) 24" Box _---_Prosopis velutina Velvet Mesquite Multi 15 Gallon Cercidium floridum Multi Blue Palo Verde 15 Gallon SHRUBS/ ACCENTS SIZE 1�? Opuntia violacea v, Santa Rita Purple 6 pad min, Prickly Pear O Ruellia californica 5 Gallon Sonoran Desert Ruellia Tecoma alata 5 Gallon Orange Bells Caesalpinia pulcherrima 'Phoenix' Phoenix Bird of Paradise 5 Gallon Hymenoxys acaulis Angelita Daisy 1 Gallon ALantana Camara 'Irene' 5 Gallon Irene Lantana A langmaniae 5 Gallon )Leucophullum Rio Bravo Sage Mascagnia macroptera 5 Gallon Yellow Orchid Vine no 17 III IN N QTY 6 20 9 12 60 14 38 2 GROUND COVER/ HARDSCAPE MATERIAL ,M Lantana montevidensis 1 Gallon 93 Trailing Lantana (Yellow and Purple mix) TO.C. DG(TYPA Decomposed Granite - 1/4" minus -Desert Tan or k ) approved equal - 2" in planting areas as noted. BW� AM Mlm "WE 7"WWWAWA-fti-I ANNINNON" 10, 0 4U 6;1 13 Design Review 0 Design Development El Construction Documents rn 39813 N Agency, Review W Or ERIC R. BARRETT El Build/Pricing Package a I to) � El Constniction Issue nod NA No. REVISIONS/SUBMISSIONS Date ARC STUDIOS Chris winters & associates A TMHS COMPANY 820 north 3rd street A 121fi phoenix arizona 85004 6100 E. El Dorado Plaza t 602 955 8088 Suite A220 f 602 253 3606 Tucson, AZ 85715 iW phone 520 8829655 " fax 520 882 4307 d d, www.arcstudiosinc.00m landsceop,,�' icture . urban design . environmental services. irrigation design Agency Reference Number: ueveiopment Ran tor OV12-07-10 mifer Self S.-tograge Project No. 01-06098. of Oro Va ® Date: October 26, 2007 Lots 8, 9 & 10 of Mercado del Rio Drawn by: Bk. 59, Pg. 28 M&P., A portion of section 12, DJR T-12-S, R-12-E, G&SRM., Checked by: ERB Town of Oro Valley, Prima County, Arizona CAD File: 0 1 -06098 L3 ARC STUDIOS Contact: Lisa Radtke Drawing Number: 3 6 = � , lis �'J v- 4 44 4i* .4 . . ....... 44 4 Ay' 3/4" IRRIGATION BACKFLOW PREVENTER —LOCATE VALVES HERE SELF STORAGE 41,250SF L�l ----------- ­ ........ MW► W:1 Maw WAJ AJ '11111:1WAU "Jk .1110W*1019 I Z I bi I V :4 ref-4 I Lei k .16 &W-IN DNNECT EMITTER ND DRIP LINE TO LISTING RIGATION I(STEM Z W-F 5N LO W UJ Z Scale- 1"=2C C]. = 1, "MMEJ ANEW" 2'Y R�� = N Reduced Pressure Backflow Preventer - Wafts 0009 --- Irrigation Mainline - I" unless otherwise shown. Irrigation Controller - Torro - Intelli-Sense TIS-612 - 6 Station Controller Electrical Remote Control Valve and Filter - Valve - Rain Bird PESB Series - Filter - Rainbird RBY-1 00-1 50MX Irrigation Sleeve - Sch. 40 PVC - 4" unless otherwise shown -SEH- Emitter Header Class 200 PVC - 3/4" unless otherwise shown Shrub Line - 51B" Poly Line Tree/Turf - Class 200 PVC - 3/4" unless otherwise shown Hose End Cap Wilkins #90 - adjustable outlet pressure regulator 0 Multiport Emitters Rain Bird - (6) lgph and 2gph ports - Refer to Emitter Chart NOT Single -port Erniftes - Install Rain Bird Xeri-Bug VB-10 and S "" XB-20 - Refer -to Emitter Chart E=—Station Number - See Irrigation scheduling Chart Irrigation Notes 1- Contractor is working in area with an existing irrigation system. Contractor shall review operation of the existing system and provide in written -format any systems that are not operational prior to project construction. The contractor assumes full responsibility for repairs and expense of existing irrigation unless otherwise documented prior to construction. Z Any system damage during construction shall be replaced with like equipment and returned to a full operational system with this development. 3. Any grading changes and modifications to the site that impact the existing system shall be replaced and re -installed with like equipment per the original plans and system. This includes re-routing of PVC, Poly, wiring, valves, and other associated equipment. The additional material is part of this construction and will not be an added cost to the owner or master developer. 4. The irrigation systems shall remain operational during construction, contractor shall review existing plant material prior to start of construction and note any plant material that is dead or missing from the original approved and installed plans. The contractor shall replace any damage or lost plant material with like size and species due to construction. 5. The new irrigation systems are designed with static pressure of 50 psi at the source. Contractor shall verify static pressure and notify architect if any discrepancy occur prior to installation of the irrigation system,or assumes full responsibility of irrigation system operation. 6. Sleeving for irrigation shall be under all paved areas including streets and sidewalks and other hardscape elements. Contractor to notify architect of sleeving layout prior to installation. 7, irrigation lines, valves, and associated equipment are shown schematically. Contractor shall located all lines in unpaved areas. 8. Locate all lines within the property line. 9. Maximum distance for distribution tubing shall not exceed 12' from emitter to plant. 10. Contractor shall provide isolation valves for mainline (equal to line size) at future phase expansion. Valve Size Ty—pe- gpm Valve Size Type-gpm A-1 1 Tree- B-1 1 " —Tree- 7 A-2 1 Shrub- -6--2 1" Shrub- 0 Design Review 0 Design Development 0 Construction Documents N Agency Review El Build/Pricing Package EJ Construction Issue REVISIONS/SUBMISSIONS 39813 ERIC R. BARRETT - W Date ARC STUDIOS Chris winters & associates A TMHS COMPANY 820 north 3rd street 6300 E. B Dorado Plaza Phoenix arizona 85004 Sub A220 t:: 602 955 8088 f Tucson, AZ 85715 :: 602 253 3606 phone 520 882 9655 0- fax 520 882 4307 WM.arcstudiosinc.corn la dscap - fwarchgcture . urban design environmental services . irrigation design Agency Reference Number' Deve'opmg19_nt Plan for OV12-07-10 Pre,mper Storan-e Project No. 01-06098 ot Or®r Vr'aliey Date: Lots 8, 9 & 10 of Mercado del Rio October 26, 2007 Bk. 59, Pg. 28 M&P., A portion of section 12, Drawn by: DJR T-12-S, R-12-11, G&SRM., Checked by -- Town of Oro Valley, Prima County, Arizona ERB Drawing Title: IRRIGATION PLAN TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 MNRM� I BLUE STAKE CENTER - CALL COLLECT CAD File: 01-06098 L4 ARC STUDIOS Contact: Lisa Radtke Drawing Number: L of 6 U) Wi W U) W, Z I SELF STORAGE 42,570 SF SELF STORAGE 42,570 SF - AND DRIP EXISTING . . ....... -- -- ------ ZIN IN 0 111 1 - A i��Iqi 111111110 q �gg -��l M =AZAMIN - 9 0 a w A N 2 il "1 11 . I r"'jL'U 0 F A &MTWWM WX42-NO NMIGI FALMOM In A RM E ;A = E =-,a z a LI&I % JKAI AW 115L S-1 I :11111IL" I Lei 'LN W'a N Reduced Pressure Backflow Preventer - Wafts 0009 --- Irrigation Mainline - 1" unless otherwise shown. F A-] FB Irrigation Controller - Torro, - Intelli-Sense TIS-612 - 6 Sta'lJon Controller Elec.trical Remote Control Valve and Filter - Valve - Rain Bird PESB Series - Filter - Rainbird RBY-1 00-1 50MX Irrigation Sleeve - Sch. 40 PVC - 4" unless otherwise shown _SEMI_ Emitter Header Class 200 PVC - 3/4" unless otherwise shown Shrub Line - 5/8" Poly Line Tree/Turf - Class 200 PVC - 3/4" unless otherwise shown Hose End Cap Wilkins ilkins #90 - adjustable outlet pressure regulator 0 Multiport Emitters Rain Bird - (6) lgph and 2gph ports - Refer er to Emitter Chart NOT Simile -port Emittes - Install Rain Bird Xeri-Bug VB-1 0 and SHOWN XB-20 - Refer to Emitter Chart �—Station Number - See Irrigation scheduling Chart Irrigation; Notes 1. Contractor is working in area with an existing irrigation system. Contractor shall review operation of the existing system and provide in written format any systems that are not operational prior to project construction. The contractor assumes full responsibility for repairs and expense of existing irrigation unless otherwise documented prior to construction. 2. Any System damage during construction shall be replaced with like equipment and returned to a full operational system with this development. 3. Any grading changes and modifications to the site that impact the existing system shall be replaced and re -installed with like equipment per the original plans and system. This includes re-routilng of PVC, Poly, wiring, valves, and other associated equipment. The additional material is part of this construction and will not be an added cost to the owner or master developer. 4. The irrigation systems shall remain operational during Construction, contractor shall review existing plant material prior to stare: of construction and note any plant material that is dead or missing from the original approved and installed plans. The contractor shall replace any damage or lost plant material with like size and species due to construction. 5. The new irrigation systems are, designed with static pressure of 50 psi at the source. Contractor shall verify static pressure and notify zirchitect if any discrepancy occur prior to installation of the irrigation system,or assumes full responsibility of irrigation system operation. 6. Sleeving for irrigation shall be under all paved areas including streets and sidewalks and other hardscape elements. Contractor to notify architect of sleeving layout prior to installation. 7. Irrigation lines, valves, and associated equipment are shown schematically. Contractor shall located all lines in unpaved areas. 8. Locate all lines within the property line. 9. Maximum distance for distribution tubing shall not exceed 12' from eii-nifter to plant. 10. Contractor shall provide isolation valves for mainline (equal to line size) at future phase expansion. :;ize Type-gpm lValve Size Type-gpm rValve 11 " Tree- B-1 1" Tree- " Shrub- --AB-2 1" Shrub- 20' 77mm7mm%momm�i 0 10' 2040' 60' 0 Design Review 0 Design Development El Construction Documents 0 Agency Review El Build/Pricing Package 0 Construction Issue NoJ RIEVISIONSISUBMISSIONS 39813 ERIC R. BARRM j 01 Date ARC STUDIOS Chris winters & associates A TMHS COMPANY 820 north 3rd street phoenix arizona 85004 6300 E. El Dorado Plaza t:: 602 955 8088 s- Suite A220 f 602 253 3606 Tucson, AZ 85715 Ueso phone 520 882 9655 fax 520 882 4307 av w.arcstudiosina.corn landsca'w j*aTcW'cture . urban design. environmental services. irrigation design Agency Reference Number: Lieveoopnrient- 11.'riian -for OV12-07-10 Premier ',--,.-elf Project No. 01-06098 of Oro'ValDate: October 26, 2007 Lots 8, 9 & 10 of Mercado del Rio Drawn by: Bk. 59, Pg. 28 M&P., A portion of section 12, DJR T-12-S, R-12-E, G&SRM., Checked by: ERB Town of Oro Valley, Prima County, Arizona : Drawing Title: TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL "OLLECT GAD File. 01706098 L5 ARC STUDIOS Contact: Lisa Radtke Drawing Number: j, 1- *N Double strand twisted no. 12 640 galvanized 01 steel wire 1/2" dia. hose 611 to 2 x2" doug. fir or 2" dia. lodge pole pine stake 4" depressed basin--) Final grade T Rootball Backfill mix — (see specs.) 12" L Scarify soil to---, provide drainage 1211 Note: Refer to landscape legend for trees required to be staked. Tree - 1:11anting wi Double Stake Detail 002 Side View 0 a -inal grade lastic valve box with lockin-g d or approved equal 1" min. clearance between box cut out and pipe Box cut out (modify if necessary) Pipe (typ.) Final grade Pvc ell Pvc nipple Plastic valve box with locking lid or approved equal See insert for clearance required Poly line Pvc nipple Pressure reducing valve 1 cu. ft 3/4" gravel min. (approx. 12" deep) Support box w/ brick pavers (1 per corner) Pvc - emitter lateral Pvc nipple 'I'-'vc tee sxsxt Tree stakes MIN. T-8" Note: Refer to landscape legend for trees required to be staked. Tree Staking Detaii 003 a 12 gauge galvanized and annealed wired Tree trunk 1/211 W. rubber hose looped with wire E Planted in accordanCZ with shrub planting detail I 0 Req'd + 0 spacing 1 gallon ground cover -- Req d spacing NTS Cround (Cover Planting Pairno Tree Detail 4 0 NTS 06 .1-----------'Guardshack' enclosure - desert tan Reduced pressure backflow preventer Ball valves (1 of 2) 3/4"x1 1/2"xl 1/2" weld top and side Copper male adapter (l of 2) —Copper ell (1 of 4) =-.,-_---Copper pipe (length as required) 12" ,,--6" dia. concrete cutout (2) Finish grade 4" --""�4" concrete slab, slope to drain Irrigation mainline pipe Sch 80 toe nipple & sch 40 solvent weld coup to sch 40 pvc mainline Copper female adapter 12"x12"x12" concrete base (2500 psi) From source all copper construction Notes, 1. Install backflow preventer as required by local codes and health department. Verify local requirements prior to installation. 2. Place backflow preventer within security enclosure. (see specifications) 3. Open and close enclosure without modification. Reduced Pressure Backflow Preventor w/ Encl. Oil NTS 1/4" tubing stake 1/4" vinyl distribution tubing Final grade Single outlet emitter .580 poly tubing Single Outlet Emitter 015 ---Dust cap 1/4" tubing stake 1/4" vinyl distribution tubing Subterranean emitter box with continuous support lip for lid Final grade Multi -port emitter Pvc nipple (length as required) Pvc pipe - size per plan Pvc tee or ell 3" min. depth or 3/4" washed gravel Multi -Port Emitter in Emitter Box NTS Minimum depth Pipe Crossings 21# Trench 18111211 Final grade Drip line (pvc of poly line) 24" —0 Sprinkler lateral & emitter header (pvc) Mainline & sleeve (sch. 40) 211 with purple #18 insulated tracer wire attached 80.c. 12" of wire accessible at pipe termination Control wires (tape & bundled every 10') Compacted sub grade Notes: 1. All mainlines to be installed in accordance w/ manufacturer's specifications. 2. Trench width & depth to vary depending on number & types of pipes contained there in. Irrigation Trenching Detail U / 1 012 NTS 6-8' ­4 9-4' unK Multi rt -poemitter box Tree line (ref. trenching detail for tree line depth) J Rootball Locate distribution 7 tubing from trunk of Section tree: 2 @ 2-4' from trunk 2 @ 4'-6from trunk 2 0- 6'-8'from trunk Rootball Non -disturbed soil Multi -port emitter Tree line Plan Note: Install distribution tubes equally around edge of rootball. Drip tubing at surface to clear final grade by a min. of 1" and a max. of 2". Detail represents typ. installation refer to irrigation legend for multi -port emitter quantities. Multi -Pont Emitter Drb Tupbinci OD- Tree 014 NTS �J016hNTS N ! LIN 1*61 k, 6-11 am" f m g Wn ow-1 lie] I] LPM I i'Ll Imaxal I i'my'amummum wn I' I smoulawma 1 :4 a leux I Lei k, 1:1 W-a 2"x4" block nailed to palm (2/palm) 2"x6"xl0" redwood (typ-) (3/ palm) Wrapped trunk e Rootball Backfill mix (see specs.) Scari soil to provil drainage 1/2 lb. ammonium palm under ball Compacted subgrade 6, 0 1 - LYN I I a IKE 919 F X"—Brick 1-1/2"x4" \-Duct tape end (typ.) Sleeve 4" typ. Notes: 1. All plc irrigation sleeves to be class 200 pipe. 2. All joints to be solvent welded and watertight. 3. Where there is moire than one sleeve, extend the smaller sleeve to 24" minimum above finish grade. 4. Mechanically tamp to 95% proctor. I eevjng Det 0 �0 3 NTS ffm Sidewalk, curb or mow strip Final grade #r other sub grade Final Grade A , acent to 'ar 'scape 008 NTS 020 Final grade Plastic valve box w/ lid 10" dia. w/ continuous lip for lid hose end flush cap Nipple (.580 poly or 3/4" pvc) 1/2 cu. ft 1/4" pea gravel (approx. 12" deep) Tee or ell (.580 poly or 3/4" pvc) Pipe (.580 poly or 3/4" pvc) Note: Refer to plans for pipe material specification 3"min Remote Go.ntrol Valve AssemlFi 4) 013 NTS Final grade 30' length of wire, coiled _--Pen-tite connection or approved equal (1 of 2) —Jumbo plastic valve box with continuous lip bolt down cover or approved equal. —Flush valve —Remote control valve —Bail valve (reference specs.) —Pvc nipple (close (2) —Pvc ell (txt) ,.—Pvc nipple (length as required) --Brick (1 of 4) ,--Pvc nipple (2" length, hidden) and ell Pvc tee or ell �—Pvc mainline pipe —1211 min. depth of 3/4" washed gravel Pvc 1 to 3/4" bushing —Filter install filter on side or downward 450 angle —Pvc male adapter —Union - line size —Pvc lateral pipe f BMW El Design Review 0 Design Development \FICA - 0 Construction Documents 39813 --T- N Agency Review ERIC R. BARRETT, 0 Build/Pricing Package 1>10 0) 1:1 Construction Issue nod NA No. REVISIONS/SUBMISSIONS Date ARC STUDIOS chris winters & associates. A TMHS COMPANY 820 north 3rd street, phoenix arizona 85004 6300 E. El Dorado Plaza t:: 602 955 8088 u S,fte A22 0 f 602 253 3606' 4 ............as Tucson, 5 es , AZ 857 I phone 520 882 9655 Ji - w, fax 520 882 4307 www.arcstudlosine.com n sca� ' cture . urban design . environmental services . irrigation design Agency Reference Number: Deveiopment , lan Tor OV12-07-10 PIN .Q,remier Self "Eitorage Project No. 01-06098 of Oro Valley Date: October 26, 2007 Lots 8, 9 & 10 of Mercado del Rio Drawn by: Bk. 59, Pg. 28 M&P., A portion of section 12, DJR T-12-S, R-12-E, G&SRM., Checked by: ERB Town of Oro Valley, Prima County, Arizona CAD File: 01-06098 L6 Drawing Title: ARC STUDIOS DETAIL SHEET Contact: Lisa Radtke Drawing Number TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT 6, 55-99 .') — } F NOTESGENERAL 7m BASIS OF ELEVATION IS A MAG NAIL TAGGED RLS 13178 AT THE SOUTHEAST CORNER OF MERCADO DEL RIO. NAVD 88 DATUM SAID ELEVATION BEING: 25 .44' TOTAL PARKING SPACES REQUIRED- 45 SPACES TOTAL PARKING SPACES PROVIDED: 50 SPACES TOTAL SURPLUS: 5 SPACES 2 PER LOT: 4 SPACES (CLASS 1 USE AREA EQUi ED OFFICE 5,100 S.F. 3/1 00 S.F. 16 SPACE: SELF STORAGE: BLDG. A 2 FOR OFFICE OFFICE 1,441 S.F. PLUS 15000 S.F. STORAGE 39,688 S.F. STO GE BLDG. B STORAGE 41,250 S.F. TRAILHEAD N/A N/A 2+I®10 SPACES f ULM 44 SPACES SPACES TOTAL 50 SPACES B. REQUIRED- 3 LOADING SPACES 1 FOR EACH BUILDING LARGER THAN 5,000 S.F. 12'35') PER DEVELOPMENT MASTER PLAN 012-03-2.2m PROVIDED: 3 12'55') SPACES �.: aNVI Lei • • k �'N :ram.,, - ""k %IMMLOP r: T lk*"A* r { r. m .. Im w,. a ;{ x -STOR'�"A(ComE - R fow"M V41- 1c:Kew b kq e M1g BLDG. 9*22'25n E 142m9 ' ) N '22a55" E 169 9II ' ) N '50" E `s 42,96' (R9� N 69®23'05ft E 170.029 R) w PK NAIL TAGGED ®---.®---.�— ---- -- g RUSS 1317 I f `�� ' ®mmm o n • • 1 4 UA C*4 pN 1 / .«. • PCD 0 �, :r I f i 1 ., 6 g rye 1 •11 83 - 'i OFFICE � � R ¢ 9 ,..- �. N 9TOO 00 E 174. �� — • ---'' ° 4' _ �_ r 38.6 IT.».. , s p 1 - 0 In to -._ :Y_- `s 1 19. APPROVED IMPROVEMENT PL AcS AND APPROVED ASSURANCES .ILL DE REQUIRED PRIOR TO ISSUANCE OF GRADING PERMITS. SOUTH EST CORNER 20. THE PROPERTY OWNER, HIS SUCCESSORS OR ASSIGNS AGREE TO 1) KEEP AU. REQUIRED LANDSCKPED AREAS"; MAINTAINED IN A WEED FREE, TRASH FREE CONDITION, 2) REPLACE ANY DEAD PLANT MATERIALS WITHIN 90 DAYS AND 3) MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER. 21. NO ADDITIONAL FUNDING FOR PUBLIC ART IS REQUIRED FROM THIS DEVELOPMENT. 22. THE DESIGN SPEED FOR THIS PROJECT IS 5 KPH. TILE DESIGN VEHICLE IS SU-30m 23. SEWAGE DISPOSAL,: THE SEWAGE FROM T HIS DEVELOPMENT WILL FLOW INTO TH E SEWAGE SYSTEM OPERATED BY PIMA COUNTY WASTEWATER DISTRICT. THE PROJECT IS CONNECTED TO THE EXISTING 8v SEA ER MAIN IN G-9 --056. fi .. - ' • - 25. ANY OUTDOOR LIGHTING SHALL MEF1 THE STANDARDS OF THE OVZCR, CHAPTER 13-105 AND CHAPTE—F 4 • 30. I 01M M HEIGHT ALLOWED FOR ANY STORED ITEM WITHIN THE FACITILITY IS 7a-0''. iQ=1�. )i \ ERC.ADO DEL RIO PK NAIL TAGGED R` S 13178 SCALE: 1 "=6 SHr a INDEX SHE IU . , , , , PLAN SHEE ` - . . e o .DEETAILE EETS S OTT SCg `W E MEL HOLSINGER, AND/OR ASSIGNS C/O PROFIESSIONAL SELF STORAGE MANAGEMENT 3434 E. KLEINDALE, SUITE E TUCSON, AZ 85716 (20) 3 0®-9135 I, KATHRYN E. CUVELIER, C C TOWN OF ORO VALLEY � I a ZONAa HEREBY CERTIFY THAT THIS IS E TRUE AND CORRECT DEVELOPMENT P AS PROVED Y THE ORO VALLEY MAYOR AND TOWN COUNCIL ORS --- KATHRYN E. CUVELIER - DACE THIS OJ C ._ 15- PARCEL t, i _. E LOT LINE CHANGE EXi SALE: n `�" AREA MA RY LOCATION MAP--- DE+oG A PORTION OF SECS T®" ®S, ®1 3—E8 G.r.R.., TOWN OF ORO VALLEY, �, PI COUNTY, ARI70NA RECORD SUIRED � LOT 6,145 S.F. 46,125 S.F. LOT 9 51 aS06 S.Fo 51,501 S.F° PARCEL A 36,755 S.F. LOT 1 46,726 S.F. 46 71 SmFc PARCEL D 3 07m S9 S.F TOTAL 144,680 S_Fa 144,6fi S.F. TOTAL 144,644 S.F,, RECORD S E PER THE FINAL PLAT FOR CADO DEL RIO, DK. , PG. 2 MAPS PLATS, URED AR ARE CALCULATED FROM MEASURED ED DIMENSIONS SHOWN ON THE ALTA, ASC SU EY REFERENCED IN GENER4, NOTE NO. 12. 1 " RE AR OR PK NAIL TAGGED RLS 1779, OR AS NOTED PROPER , LINE EXISTING R --- ----�- EXISTING EDGE OF PAVEMENT — — � --S— — EXIST. SUER LINE MANHOLE — —;� —W— — EXIST® ATERMAIN V L\fE N FIRE HYDRANT EP EDGE OF PAVEMENT FG FINISH GRADE FP FINISH PAVE EN x G GUTTED FFE FINISH � FLOOR EL , ATION __36�-�-. ..� EXIST. CONTOUR x 45.31 EXIST. GRADE .5V5 N SPOT GRADE — " NEW HAND PLACED ROCK RIP —RAP �.— NEB PAVEMENT NEW CONCRETE FLOC' DIRECTION ,� HP �,i HIGH POINT ' LP POINT <^ LOW ® GRADE REAK 1 v ) INDICATES MEASURED DIMENSION - R () RECORDED DI P �.8 DIMENSION PER K. 59� P�M � � 'I D4 KEYNOTE EASEMENT NOTE �D INAGE CONCENTRATION PGIN T (SEE 100 YR. PEAK DISCHARGE TABLE ON SHEET 2) DETAIL/SEC I ION NUMBER '" SHEET NUMBER WHERE DETAIL/SECTION IS FOUND ae> EXIST. IRRIGATION I CONTROL VALVE EXIST. 2' WATER STUB EXIST. LIGHT POLE F' EXIST. FIRE HYDRANT —�— EXIST. SIGN Q EXIST. TELEP ZONE PEDESTAL EXIST, YARD LIGHT 1 - E I 'T. YARD LIGHT BICYCLE SPACES (CLASS 1) NEW 1 e 2" WATER METER NEW PRIVATE SEINER CLEANOUT V Civil m Land Development • Water Resources ema, 4582 N. 1st Ave., suite 12o • Tucson, Arizona 86718 t G N a C a (520) 795-7255 m Fax ()520 795-6747 ._:K STORAGE :�, 3 `-may 'rs�+ maw. SELF I PIdU LOTS 6, D OF ERCADO DEL RIO SKr 59, PG. 28, P•, A PORTION OF SEC. 12, T-12—S, R-13—E, G, S,R.M., TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA REVISION DATE DESIGNED: D �1�:� — CHECKED SHEET R.J.C. D.S.S./A.M.H. T.D.B. DATE: PROJECT NO.: SCALE: OF I 10, 2 /2007 107016-01-01041 AS SMOWN 2L= 100-YR POST-DEVELOPMr-NT DISCHARGE TABLE r 10121mu TEP & QUEST EASEMENT DKT. 12590, PG. 4174, 41 DKT. 12618, PG3855 DKT. 12812, 5533 1 - In 11111111a �k a , wow M..wowl"i w `6- 7 4- 576 kd -A X 45-71 15a PRIVATE V- LANDSCAPE, DRAINAGE 7.7 G 4 UTILITY EASEMENT, x 46.64 PER K. 59, PG,, 28 47.3- OFFICEF GRATE 5,100 S.F. EL=47. F.F.E.=48.49ti len 6, X 45.26 V A V.. Ls x 45-511�-- 0 C, >g !RAT E ��44 D 38% 8 46e60& X 46.06 x +0+ 0 -91- AM roll Cc: L y- RIM 48.36 4 W INV� 38.65 R1 47.12 S I WV e 38.77 E INV. 38.68 W IW. 37.50 E INV. 37,60 NE INV. 38.85 N INV. 37.65 WATER EASEMENT DIET. 13064, PG. 5103 .. .... Oct ef— EAS;-?EMEN-OURIGHT-OFWAY NOTPIE'S j CENTER COURT EASEMENT TO BE DEDICATED TO PROPERTY OWNERS ASSOCIATION BY SEPARATE INSTRUMENT. x �' F;n"-� -r , Ep & QUEST � ASEMENT DKT. 12590, P(-,, 4174, 41779 DKE 126M P,, 3855 DKT. 12812, 5") X 48.12 46- 15' PRIVATE LANDSCAPE, DRAINAGE & 'J""PLITY EASET PER BK, 59, , PG. 28 tn % 11AW MM 14 I.Du RIM 50.81 0 S INV. 41.63 LO W INV. 41.12 E INV. 41.73 Z SE INV. 41.21 NE INV. 41.32 iUj __PER OV 12-03-22 WATER EASEMENT DKT. 13664, PG. 5103 EXIST. 8'�-' PS.C. SEWER PER 0V1 9-03-22, P067204 PYNT R� n I P PPPT-HPr S, E W E7 R k1A I N PER OV1 2-03-22, P067204 K: : a %.7 j y 'RATER EASEMENT DK7L 130643 PG, 51013 affi,, REMOVE 50 L.F. EXIST. VERTICAL CURB . I INGRESS, EGRESS ACCESS, WATER, DRAINAGE & UTILRY EASEMENT PER 8K. 59, PG. 28 > �g NEW 1 1/2" PRIVATE WATER SERVICE WITH 1 1/2- METER, REDUCER AND BACKFLOW PRE ER 308 TYPE "An POS1- BARRICADES PER PC/COT STD,, 9 f L 106 49) 6 L.F. BARRI00E RAjUNG PER PC/COT STD, IDTL. 105 400 SA CUT (2' �?P.) TRIM, TACK, AND JOIN NEW PAVEMENT TO MATCH EXIST® PAVEMENT 4�41 HANDICAP Rk-WP PER DETAIL 4 ON SHEET 3 g EXIST. 20 LF. 6' P.V.C. BCS 'g EXIST. 22 L.F. 6n P.V.C. BCS 4:4) EXIST 2' W1,TI-R SERVICE PER MERCADO DEL RIO WATER PLAN No. 1,1', 03-22 405 EXIST ' FIRE SERVICE PER MERCADO DEL RIO 'WATER PLAN NO. 1 42- 03-22 46) HANDICAP PAR<ING SPACES PER DTw 1G ON SHEET .3111 PK ",JAIL TAGGED RL-, 13175 OV122-07-10 Civil - Land Development -Water Resources 4582 N. 1st Ave., Suite 120 - Tucson, Arizona 85716 11 ---------- 17-�1s77e -, (620) 796-7255 - Fax (520) 795-6747 01 VELJOPMEINT PLAN FORI-, PRGMIER ESELF STORAGE OF ORO VALLEY LOTS 8, 9 & 10 OF IMERCADO DEL RIO BK0 59, PG. 28, M&P., A PORTION OF SEC. 12, T-12—S, R-13—E, aSeRa®, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA .S./A.M. Pkbjtff NO.: 107016-01-01 CONCRETE WHEEL STOP (TYP) w NOTES: 1. EACH HANDICAP PARKING SPACE SHALL HAVE A PERMANENTLY POSTED SIGN WITH THE ADDITION OF VAN ACCESSIBLE NOTATION. 2 THE INTERNATIONAL HANDICAP SYMBOL PAINTED IN THE SPACE. HANDICAPPeD P. KING SPACE 10-ETAIL 4" 6" 2n CLASS B CONC. -7 AC* _z ABC* SEE DTL. 6 ON SHEET 4 FOR THICKNESSES. EXTRUDeD CURB D(FTAIL N.TeS. 12± VARIES LL_ BLDGo "A" 0 F.F.E® z m a- MAX 3-1 . i 49�82 TYP METER ICAt.- NCDA I rg F-GRI, SN.T.S. CROS SECTION 51 SIDEWAII 24P P.AA.L A BLDG, 013" FlZ 49.82 NEW PAVEMENT, 3" AC, 6"' ABC. SEE DTL 6 ON SHEET 4. NEW PAVEMENT, 2" AC, 4" ABC. SEE DTL 6 ON SHEET 4. EXTRUDED CURB, SEE DTL. 5 ON SHEET 3. @) WALKWAY AT PAVEMENT E'DGE. SEE DTL. 6 -7 ON SHEE. 3. H TYPICAL BLDG P41FRIMETSIR CROSS SECTION N.T.S. FINISH PER ARCHITECTURAL SPEC'S. ­3000 P S.I. CONCliff 6' (TYPa) NC 3/4- RADIUS U zmm '12 C14 I% ABC* If 6" SEE DTL. 6 ON SHEET 4 FOR THICKNESSES. WALKWAY A'T PAVEMC--_�NT EDGE MONOLITHIC POUR OFFICE F.F•Eo 48.49 5 2' PAAL.(K CB �,OC 47- O NEW PAVE-MENT ., 3'Q AC, 6" ABC. SEE DTL. 6 ON SHEET 4. WALKWAY AT PAVEMENT EDGE. SEE DR. 6 ON SHEET 3, EXTRUDED CURB. SEE D'IfL 5 ON SHEET 3® N.T.S. TYPICAL OFFICrr. BLDC3 TO BNJ3 UDIG, "B" CROSS SEK TION TC=6" Po A 6' 8' 6o PLAN VIEW RAMP TO MATCH SIDEWAUK ELEV. 3®� EXIST. GRADE MATCH AC PAVEMENT 4" CONCR ETE RI_:C0W1Pk;,CTED 6" ABC NA`nVE SU'3GR-ADE A SECTION A - HANDICAP RAMP N.T.S. 24" P-A.A.L. V TYPICAL WEEST PERIMETEF? S SeCTION N,T,Ss CCROS f-1/4'* GROOVES AT 1" O.C. 1 1/8- DEEP FULL FACE B OF IMP A A 1�=1111111M�_ PLAN VIEW 6"' CURB HEIGHT A V.1 4" CONCRETE 6" ABC MATCH TOP OF SECTION A -A SIDLK EWA FINISH PER ARCH14TECTURAL SPECS. f-3000 P.SJ. CONCRETE VARIES T-15" '7 42' RADIUS N AC* "F ABC* 6 SEE DTTIL. 6 ON SHEET 4 FOR THICKNESSES -- SECTION B-B HANDICAP RAMP Na � T TYPI11CAL CROSS SECTION B,6TWEEN STORAGE BUILDINGS N.TmS® OV12-90.7-10 41 Civil land Development - Water Resources r residio45.2 N. 1st Ave., Suite 120 - Tucson, Arizona 85718 �oFr ICA E 5" (520) 795-7265 - Fax (520) 795-6747 F M761 MOTHY D. 0 EW E L 0 P M IEEE N11 PLAN FOR PREMIU I BIRK SELF STORAGE OF ORO VALLEiY ned LOTS, 8, 9 & 10 OF MERGADO DEL RIO ONA 0 BK. 59, PGu 28, M&P., A PORTION OF SECv 12, T-12—SF R-13—i-E, I G.&S.R.M., TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA H REASION DATE DESIGNED: DRAWN: CHECKED: SHEET R.J.C� D.S.S./A.M.H.- T.D.B. DATE- PROJECT NO.: SCALE: 'D F 10/25/2007 107016-01-0104P AS SHOWN 4- �c IN. SIDEWALK VARIES VARIES 6'-11' 1 34'-39' BLDG °' " F.FZ 49.82 A VARIES 2 1 —1.6% �AWALKWAY AT PAVEMENT EDGE® SEE DTL. 6 ON SHEET 3. B NEW PAVEMENT, 3P AC, 6-n ABC. SEE DTL. 6 ON SHEET 4. �}C EXTRUDED CURD. SEE DTL. 5 ON SHEET 3. TYPICAL EA' '717 Pra-RIMETER CROSS SECTION N TaS. 'L," 1)2 "o DTLb 5 ON SHE D A CONCRETI E HEADER PER PC/COT STD. DTL. NO. 213. '61"SSED CURB OPENING AEXTRUDED CURB. SEE DTL.. 15 ON SHEET 3. © NEW PAVEMENT, 3" AC, 6" ABC. SEE D T L- 6 ON SHEET 4. �CEXISTING CMU WALL ON ADJACENT PROPE-RTY. TYPICAL A , E . TOP OF SLOPE FINISHED O DE—\ HAND PLACED D ROC RIP—RAP d O6�v W T"i'LE R FABRIC' UNDERLAY, TOP OF ROCK TO MATCH FINISHED GRADE. -ICNESS IS 1 dO UNLESS OTHERWISE NOTED. f EXIST GRADE 1 IN , END ROCK 1BELOW GRACE OR INSTALL 1,0' CONCRETE TOE -DOWN AND E`( IN ROCK BEHIND TOEDO N. NOTE: SLOPE VARIES AS NOTED IN PLAN VIEW. w 0 I 0.N N®ToSA HAND -PLACED ROCK RIP -RAP :A -0 . a 9 d �-- — a d d1i - II� IT{I 11 lil II II I�III IIE COMPACTED „itT SD G D,u, i,I,i *SEE BELOW PARKING AREAS. MLAIN TRAFFIC CORRIDORS: 2n AC 3" AC " ABC 6 C INDICAT -S MAIN TRAFFIC CORRIDOR fs-3 .Fr, 3 AC/6-ABC TYPICAL ASPHALT PAVEMENT NJ & ;. ; NVAMWNNM� PLAN CLASS I U_ 2 n A �v Civil - Land Development • Water Resources 11'r e s d ' a 0 4582 N. 1st Ave., Suite 120 . Tucson, Arizona 86718 Li (520) 795-7255 • Fax (520) 795--6747 38761 0 '� c' 11MOTHY D. M VIELOPMENT PLAN R P R . IF— BIW SIELF STORAGE OF ORO VALLEY no ��A "i - LOTS 6, 10 OF ERCADO DEL RIO �K. 59, PO. 26, M&P., A PORTION OF SEtCa 12, T-®12— , R-13—E, I G.&S.R.ML, TORN OF ORO VALLEY, PIMA COUNTY, ARIZONA R.J.C. D.S.S./A.M.H. T.D. 4 PROJECT NO.: SCALE: CF 10/2 /2007 1907016-01-0104 AS SHOWN MERt- DO DEL RIO L.L.C. 1980 East Palisades Road, Oro Valley, Arizona 85737 April 1, 2008 David Ronquillo Senior Planner Town of Oro Valley RE: CUP/Mereado del Rio, Lots 8,9,10 Dear David, As owners of Mercado del Rio we would like to withdraw our application for a Conditional Use Permit for Lots 8, 9, and 10, and request that it be removed from the Mayor and Council agenda for April 3`d. We appreciate your assistance and patience, and apologize for the inconvenience to you and staff through this process. Sincerely, ZPaul-laonley TOWN OF ORO VALLEY Department of Public Works 11000 N. La Canada Drive Oro Valley, Arizona 85737 (520) 229-4800 Fax (520) 229-4899 www.townoforovalley.com October 5, 2007 Tim Birk, P.E., R.L.S. Presidio Engineering, INC. 4582 North I" Avenue, Suite 120 Tucson, AZ 85718 Re: Detention Waiver for OV12-07-10 Mercado Del Rio Lots 8, 9 and 10, Self Storage Facility Dear Tim, We are in receipt of your September 25, 2007 letter request for a detention waiver for Mercado Del Rio Lots 8, 9 and 10, Self Storage Facility, OV 12-07-10. Based on our current and past review of the proposed development and its proximity to the Canada Del Oro Wash, we agree that any increase in storm water runoff from the site will not exceed available capacity of the wash. In addition the times of concentration for offsite and onsite drainage are not concurrent. Sincerely, Jose Rodriquez, P.E. Acting Town Engineer xc: S. Gay, Development Coordinator F:\OV\OV 12\2007\12-07-10\Engineering\Development Plan\Det Wvr M del Rio lots 8,9 $l0.doc Fn_1 Presidio 101W I ENGINEERING, INC Mr: Paul Keesler, P. E. Development Review Manager Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 September 25, 2007 Subject: Premier Self Storage of Oro Valley, OV12-07-10 Presidio Engineering Job No.: 107016-01-0400 Dear Mr. Keesler: CIVIL • RESOURCES f °4 OR I EY f 207OyVAJ a_ .i t t ` DEPT. PUB11C WORKS This letter is a follow up to a phone conversation that took place between yourself and Roberta Chinea of our office on September 21, 2007 regarding the issuance of Detention Waivers within Mercado del Rio, Lots 1-16 and Block "A", Oro Valley Project No. OV12-03-22A, Book 59, Page 28, Maps and Plats. It is our understanding that Detention Waivers are being issued for all development plans within the Mercado del Rio project. At this time, we would like to request a Detention Waiver for our project, Premier Self Storage of Oro Valley, Project No. OV 12-07-10, consisting of Lots 8, 9 and 10 of Mercado del Rio. Let me know if you have any questions or if you require additional information. Sincerely, PRESIDIO ENGINEERING, Tim Birk, P.E., R.L.S. SENIOR ENGINEER RC/TDB/rma cc: Randi Nelson -Shipley, RNS Architects Roberta Chinea, E.I.T., Presidio Engineering File K.- I PENGVOBSVobs200711070161 Correspondence l LettersV IO7016. 01.092507. doc 4582 N. 1ST AVENUE SUITE 120 TUCSON, AZ 85718 TEL 520.795.7255 FAX 520.795.6747 WWW.PRESIDIOENGINEERING.COM aki1, ss TOWN OF ORO VALLEY, PLANNING AND ZONING 11000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 PHONE: (520) 229-4800 FAX: (520) 742-1022 WWw.t0Wn2ftarrJy2ky l;om APPLICATION FORM Oil Case # (Office Use Only): Application Type: A. Project Name: X r- M City: Teleph one: 5 aL 2) 94 — q 13 4;- Fax: - Property Owner (s), if more than one owner, attach list Name L111.P- + M et__ H o i 411 VAC,. f- A1111 J,,,- ra e--.-- - Firm: City: Telephone: Subject Property Parcel/Tax Code: �`� Z`ta 2-(0� �i' -^ 2G,1 (A '�l 9, 4-- D,a - ,+ 2.00 Legal Descri tionlPrpperty Address;_( 5 g q tb Q �rC Qrizona.'�r �t� +n tom_=4�0� K 5� off" iLG,�-; -r '%'� �� ,� + .�.�� ,� Area or property:.(', �, 5 acres - Existing Zoning: , Proposed Ztining:� r _ Is Proposed Zoning in conformance with General Plan designation? [ ] NIA General Plan Designation; C, Existing Land Use: n g vn e, Proposed Land Use: Previous Applications Relating To This Property OV8- OV11- E. Reason For Request OV9- OV12. pq— I _0 This application is true and correct to the best of my knowledge, Been authorized by the owner to make this application. Date Yes [ ]No OV10- OV13- L> uwLE I am the owner the above av ' "", Signature F:Mmin HTORiM MShantron Project Subdivision Development HandoutiApplication Generai.doc 4 F., ANN RODRIGUEZ, RECORDER RECORDED BY: RJL DEPUTY RECORDER 9544 PE2 SOROV TOWN OF ORO VALLEY N-LA.,. CANADA Z 85737 ' UCH 2 ` H 2007 K DOCKET: 12474 aYI11r _ PACE: 318 NO. OF PAGES: 30 SEQUENCE: 20050150127 01./24/2005 �Rriorr� REST 09:27 PICKUP AMOUNT PAID $ 19,50 -)� of �i'ODECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL Rio ZHIS DECLARATION OF COVENANTS, CONDITIONS AND � RESTRICTIONS FOR MERCADO DEL RIO (this "Declaration") is madc and executed as of r k&6W 44 �,+�'�' 2004, by Lawyers Iitle Agency of Arizona, Trust No, 18080-T, which is Declarant. ARTICLE 1 RECITALS 1.1 Declarant is the owner of the Property Declarant intends to develop the Property into an integrated community of commercial buildings. As part of the development of the Property, Declarant intends, without obligation, that Lots comprising the Property will be sold or otherwise conveyed to Owners for the construction, use and occupancy of commercial buildings thereon. 1.2 Declarant has formed the Association, which will (i) own, operate, manage and maintain Common Use Areas included within or comprising the Property, (ii) establish, levy, and collect the Assessments and other charges imposed hereunder, and (iii) be the agent and representative of the Members of the Association and of the Owners to administer and enforce this Declaration and enforce the provisions hereof 1.3 Declarant intends that the Covenants of this Declaration shall run with the land as to the Property and shall be binding upon the Property and all Lots and other portions thereof, and on all Owners, and their successors and assigns, from and after the date ofthe Recording of this Declaration, and that all conveyances of the Property shall be subject to the Covenants hereof 2 4 ARTICLE 2 4 0 DEFINITIONS 0 21 The following words, phrases or terms used in this Declaration shall have the 8 following meanings: 5206415 7111825 001 f "Annual Assessment" means the Assessments imposed for annual expenses pursuant to ARTICLE 9 hereof:. "Applicable Law" means any and ail constitutions, laws, statutes, ordinances, rules, regulations, judgments, decrees, orders, writs, injunctions and other directives of any federal, state, county, regional or municipal governmental body, official, agency, authority, judge, tribunal or- other instrumentality applicable to or having jurisdiction over the Property, after taking into account the application of any validly granted, adopted or obtained variance, exception or special use right or permit.. "Articles" means the Articles of Incorporation of the Association as the same may from time to time be amended or supplemented. "Assessable Property" means all Lots within the Property. "Assessment" means charges levied and assessed against each Membership pursuant to ARIICLE 9 hereof'. "Assessment Lien" means the lien created and imposed by ARTICLE 9 hereof. "Association" means Mercado Del Rio Property Owners Association, an Arizona nonprofit corporation. "Association Documents" means this Declaration, the Articles, the Bylaws, the Design Guidelines and any Rules,, "Board" means the Board of'Directors of the Association. "Bylaws" means the Bylaws of the Association as the same may from time to time be amended or supplemented "Capital Improvements" shall mean those items owned, repaired or maintained by the Association which individually have a life expectancy of three (3) years or longer and exceed $1,000.00 in value. Items of' a like nature which are of a value less than $1,000 00 individually shall, when all such items aggregate more than $1,000 00, be considered a Capital Improvement 1 2 "Commercial Unit" means any building, structure or portion thereof' situated 4 upon a Lot which is designed and intended for use and/or occupancy for commercial purposes. 4 "Common Expenses" means the expenses ooperating the Association and p f performing the Association's duties and obligations. 1 9 "Common Use Areas" means Block A of the Property and all other portions of the Property upon which are located Infrastructure Improvements which have been or are to be 2 5206A15 7/11825 6Q1 constructed and installed by Declarant; the Common Use Areas are depicted on Exhibit A attached hereto, which is by this reference incorporated herein. "Covenants" means all of the covenants, conditions, restrictions, privisions, assessments, charges, servitudes, liens, reservations and easements set forth herein. "Deelarant" means Mercado Del Rio, LLC, an Arizona limited liability company, and/or any Person or Persons to whom all or a portion of the rights, power and privileges reserved to Declarant under this Declaration are assigned in a Recorded instrument expressly assigning such rights. "Declaration" means this Declaration of Covenants, Conditions and Restrictions, as amended or supplemented from time to time. "Deed" means a deed, conveyance or other instrument conveying fee title to any portion of'the Property, "Design Guidelines" means the Mercado del Rio Master Architectural Concept Plan approved by the Town and any additional and/or supplemental architectural or design guidelines established by the Board pursuant to the provisions of'ARTICLE 6 below "First Mortgage" means a Recorded deed of trust or mortgage encumbering a Lot which has priority over all other deeds of trust or mortgages encumbering the same Lot "Infrastructure Improvements" means all improvements and installations which have been or are to be constructed and installed upon the Property by Declarant which are to be maintained by the Association pursuant to this Declaration, which shall include roadways, driveways, parking spaces on Block A, sidewalks, and adjacent landscaping and external lighting, utilities service lines and installations, and drainage facilities, but excluding catch basins installed on each of the lots, the construction of'which shall be the responsibility of the Owners "Improvements" means all Commercial Units, Infrastructure improvements and other buildings, structures and other improvements which are constructed or installed on the Property. "Lot" means any part of the Property designated as a numbered lot on the Plat; Block A designated on the Plat is not a Lot, 2 4 "Member" means any Person holding a Membership in the Association pursuant 4 to this Declaration 0 0 "Membership" means a membership in the Association and the rights granted to 2 the Owners pursuant to ARTICLE 8 hereof to participate in the Association. 0 5206415 7111825 001 "Occupant" means each Person who is legally occupying or doing business in a Commercial Unit as the an employee, agent, tenant, licensee or, independent contractor of, or otherwise with the permission of, the Owner of such Lot.. "Owner" means (when so capitalized) the record holder of fee title to any portion of'the Property other than those who hold such title merely as security for the performance of an obligation provided, however, that if legal title to any portion of the Property is vested of record in (i) a vendor under a valid and outstanding "contract" as defined in A,R.S § 33-741, the party who is the "purchaser" (as defined in said statute) of such portion of the Property shall be the "Owner" thereof' for purposes of this Declaration, and (ii) a "trustee" as defined in A.R S § 33- 801, the party who is the "trustor" (as defined in said statute) of such portion of the Property shall be the "Owner" thereof' far purposes of this Declaration. If legal title to any portion of the Property is held in joint ownership by two or more Persons, all such Persons shall be the "Owner" of such Lot. "Person" means a natural person, corporation, partnership, limited liability company, trust or any other, legal entity. "Plat" means that Final Plat of Mercado del Rio Lots 1-16 & Block A Recorded in BooktPt of Maps, Page$, Official Records of Pima County, Arizona, together with any amendment, modification or supplement thereof or thereto. "Property" means Lots 1 through 16 and Block A of Mercado del Rio, as established by the Plat.. "Recording" or "Recordation" means placing an instrument of public record in the office of the County Recorder of Pima County, Arizona, and "Recorded" means having been so placed of public record.. "Reserve Fund" means a fund established pursuant to Section 9 3 hereof "Rules" means those rules and regulations applicable to the Property and Improvements adopted by the Board from time to time pursuant to the provisions of Section '7.4 hereof: "Special Assessment" means any Assessment levied and assessed pursuant to Section 9.9 hereof. 1 2 4 "Town" means the Town of Oro Valley, Arizona, within which the Property is 7 4 located. 0 0 3 2 1 4 5206415 7111825 OOl ARTICLE 3 PLAN OF DEVELOPMENI 3.1 General Declaration. Declarant intends that the Property be developed, used and enjoyed in accordance with and pursuant to the Plat and this Declaration, which establishes a general plan for development and use of the Property. All Lots and other portions of the Property shall be held, conveyed, hypothecated, encumbered, occupied, improved and transferred subject to this Declaration, as amended or modified from time to time; provided, however, that any portions of the Property which are dedicated to the public or a governmental entity for public purposes shall not be subject to this Declaration or the Covenants herein contained while owned by the public or the governmental entity This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision, development, improvement, sale, occupancy and use of'the Property, and is established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. A11 Covenants contained in this Declaration shall run with the land as to all of the Property for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and Occupants and their successors in interest. By acceptance of a Deed or by acquiring any interest in any portion of the Property, each Person, for himself', his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the Covenants now or hereafter imposed by this Declaration and any amendments thereof' In addition, each such Person by so doing thereby acknowledges that this Declaration sets forth a general plan for the development, improvement, sale, occupancy and use of the Property and hereby evidences his agreement that all Covenants contained in this Declaration shall run with the land and be binding upon all subsequent and future Owners, grantees, purchasers, assignees, tenants and transferees thereof. Each such Person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the Association and all Owners. Declarant, its successors, assigns and grantees, covenant and agree that the Lots, Memberships in the Association and the other- rights appurtenant to such Lots shall not be separated or separately conveyed, and each shall be deemed to be conveyed or encumbered with the respective Lots to which they pertain even though the description in the instrument of'conveyance or encumbrance may refer only to the Lot. 12 Association Bound. Ihis Declaration and the Covenants set forth herein shall be binding upon and shall benefit the Association. 3.3 Disclaimer of Representations.. Notwithstanding anything to the contrary herein, 1 Declarant makes no warranty or representation whatsoever- that if the Property is once used for a 2 particular use, such use will continue in effect, While Declarant has no reason to believe that any 7 of'the Covenants contained in this Declaration are or may be invalid or unenforceable, Declarant a. makes no warranty or representation as to the present or future validity or- enforceability of'such 0 Covenants Any Owner acquiring a Lot in reliance on one or more of such Covenants shall 3 assume all risks of the validity and enforceability thereof and by accepting a Deed to a Lot agrees 2 that Declarant shall not have any liability with respect thereto. 5206415 7/1 1825 001 ARTICLE 4 EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON USE AREAS 4-1 Easements of Use and Enioyment. Declarant and every Owner and Occupant of the Property shall have a Tight and easement of use and enjoyment in and to the Common Use Areas which shall be appurtenant to, and shall pass with, the title to every Lot subject to the following provisions: 4.1.1 The right of the Association, in compliance with Arizona law, to suspend a Member's voting rights and any other- rights incidental to membership for violations of this Declar ation . 4.1.2 the right of the Association to regulate the use of the Common Use Areas through the Rules and to prohibit or limit access to certain Common Use Areas, such as specified landscaped areas. The Rules shall be intended to maintain and preserve the Common Use Areas for the benefit, safety and convenience of'the users thereof; and otherwise shall serve to promote the best interests of the Owners and Occupants. 4.1.3 'The right of the Association to make minor adjustments in the size, shape or, location of Common Use Areas, so long as, in each case, either (i) the Board determines that no Member is materially or adversely affected, or (h) Members holding at least two-thirds (2/3) of the voting power of the Association have executed an instrument agreeing to such change in size, shape or location, exchange, abandonment or, transfer 4.2 Access Easements to Facilitate Development„ 411 Declarant and each Owner shall have a blanket access easement over the Common Use Areas in order to construct Improvements thereon and in connection with the construction of Commercial Units on Lots within the Property. 4.2-2 Neither Declarant nor any Owner shall exercise any of the rights or easements reserved by or granted pursuant to this Section 4.2 in such a manner, as to unreasonably interfere with the construction, development or occupancy of any part of the Property owned by other Owners. 4.2.3 the rights and easements reserved by or granted pursuant to this Section 4.2 shall continue during the term of this Declaration.. Each Owner may make limited 1 temporary assignments of its easement rights under this Declaration to any Person performing 2 construction, installation or maintenance of improvements on any portion of the Property 7 43 Utilities Easements., Nonexclusive, perpetual blanket easements for utilities 0 services is hereby created over and though the Common Use Areas, and a limited, specific 3 easement over and through those portions of the Property shown as public utility easement areas 2 3 on any Plat is hereby created, fbr the purpose of. 520b415 7/11825.001 4.3.1 ` Installing, constructing, operating, maintaining, repairing or replacing equipment used to provide to any portion of the Property any utilities, including, without limitation, water, sewer, drainage, gas, electricity, telephone, cable and television service, whether public or private; 4.3.2 Ingress and egress to install, construct, operate, maintain, repair and replace such equipment; and 4.3.3 Exercising the tights under the easement.. Such easements are hereby granted to any Person providing such utilities or installing, constr aeting, maintaining, repairing or replacing equipment related thereto. Any pipes, conduits, cables, lines, wires, transformers and any other apparatus necessary for the provision or metering of any utility may be installed or relocated only where permitted by Declarant or- any Owner, where designated on the Plat, or where approved by the Board. Equipment used to provide or meter such utilities or services may be installed aboveground during periods of construction if' approved by Declarant and the Board.. The Person providing of installing a utility or service pursuant to this easement shall install, construct, maintain, repair or replace the equipment used to provide or- meter utilities as promptly and expeditiously as possible, and shall restore the surface of the Property and the Improvements situated thereon to their original condition as soon as possible 4.4 Easement i'or Maintenance. The Association shall have an easement upon and over the Common Use Areas and the Lots for the purpose of maintaining the roadways, driveways, pavement, parking spaces, sidewalks, landscaping, utilities service lines and installations, external lighting, and drainageways and drainage areas, Improvements and facilities located on or within the Property. This easement shall terminate with respect to any Common Use Area on the date the Association's responsibilities with respect to maintaining such roadways, driveways, pavement, parking spaces, sidewalks, landscaping, utilities service lines and installations, external lighting, and drainageways and drainage areas, Improvements and facilities terminates 4,5 Easements for Encroachments. Ifany Improvement constructed by or for Declarant or any Owner on any Lot now or, hereafter encroaches on any other Lot or subdivided portion of'the Property by an amount of deviation within customary construction tolerances, a perpetual easement is hereby granted to the extent of any such encroachment, and the Owner of the encroaching Improvement shall also have an easement for the limited purpose of the maintenance and repair of'the encroaching Improvement 4.6 Deleaation of Use.. Any Owner may, in accordance with this Declaration and the Rules, delegate his right of use and enjoyment of'the Common Use Areas and the Improvements thereon to the Occupants of such Owner's Lot and the guests, invitees and customers of the Owner and such Occupants 4.7 Drainage Easements. Certain portions of the Property, including certain specified Lots; shall be subject to drainage facilities which benefit other Lots. Each Lot on which 1 2 4 7 4 0 0 3 2 4 5206415 7/t 1825 001 are located drainage facilities benefiting another Lot or Lots shall be subject to an easement for the use and benefit of such other Lot or Lots and each Owner of a Lot subject to such easement shall be responsible for maintaining such drainage facilities in good condition and repair, and without obstruction, and permit the Association to enter onto such Lot as appropriate to maintain the drainage facilities 4. S Parkin2 Each Owner shall have the right to reserve up to seventy-five percent (75%) of the parking spaces on the Lot it owns for the exclusive use of the Owner, its Occupants and the guests, invitees and customers of the Owner and/or its Occupants. The reserved parking spaces for each Lot shall be designated on the specific development plan for that Lot or, on a plan filed by the Lot Owner with the Association. Changes to the reserved parking spaces for each Lot shall be designated on a modified plan filed by the Lot Owner with the Association, the Association, other Owners and Occupants, all the Members and their respective guests, invitees and customers and the general public shall have an easement for parking in the remaining spaces on the Lots As long as Declarant owns a Lot, Declarant may, in its sole and absolute discretion, increase the amount of'reserved parking spaces permitted on each I.,ot to more than seventy-five percent ('75%) of the total number of such spaces provided, however that the same percentage shall at all times apply to all Lots.. 4.9 Landscape Easement. The Association shall have a perpetual easement for the Association to enter onto any part of the Property for the purposes ofmaintaining or replacing the landscaping on any portion of the Common Use Areas. This easement shall include the right of the Association to enter to maintain or replace any irrigation facilities, and for any other purpose relating to any landscaping on the Property. 4„10 Trailhead. There is a trailhead located on or near Block A of the Property as shown on the Plat. The general public shall have an easement over the Common Use Areas consisting of driveways, parking areas and sidewalks to obtain access to the trailhead. To further facilitate such access, the general public shall also have an easement for parking in not less than ten (10) parking spaces located on Block A of the Property designated by Declarant. 4.11 Easement for Vehicular Traffic,. The general public shall have an easement for vehicular traffic on the roadways and parking area access lanes throughout the Property subject to reasonable rules and regulations enacted by the Board, and except for purposes of packing, which purpose is specifically otherwise provided for in this Declaration, specific development plans for the Lots and the Rules. The Association shall defend, indemnify and hold harmless all the Owners from any and all claims made against the Owners by those persons other than Owners, tenants, employees and Occupants related to the maintenance and use of the parking spaces and 2 paved areas contained within a Lot.. 4 7 4.12 Other Easements,. Declarant and each other Owner shall be entitled to grant 4 easements upon and over the Lots owned by them for the use and benefit of other Lots and the 0 Owners of such other Lots provided, however, that such easements comply with, and do not 2 violate, Applicable Law 5 5206415 7/11925 001 ARTICLE 5 PERMITTED USES AND RESTRICTIONS 5.1 Commercial Pur-poses., All Lots and Commercial Units within the Property shall be used only for commercial or business purposes permitted under Applicable Law. The initial commercial use or uses to be conducted on each Lot shall be approved in writing by Declarant and, except as otherwise agreed or consented to by Declarant (Declarant being under no duty or obligation to so agree or consent), such approved use or, uses shall be actively conducted for- a period of not less than two (2) year's, and no use not so approved shall be conducted on any Lot during the first two (2) years following the date on which actual conduct of an approved use commences thereon. The purpose of the foregoing requirements and restrictions as to the uses conducted on Lots is to assure an appropriate and beneficial mix of uses will be conducted on the Property for the mutual benefit and advantage of all Lots and the Owners and Occupants thereof. Declarant's authority to approve the uses to be conducted on Lots may be exercised in Declarant's sole and exclusive discretion Declarant may prepare and cause to be Recorded a document stating the permitted use or uses which may be conducted on any Lot, which document shall be binding on all Owners and Occupants of such Lot. The Board shall have authority to enact Rules to implement this ARTICLE 5.. 51 Automobile Services Uses., Automobile services uses shall be limited to Lots 11 through 15 All automobile service and repair activities on those Lots shall be screened from view such that the automobile service and repair- activities are visible neither from Pusch View Lane nor, from any other non -automobile service use Lots within the Mercado del Rio development. 53 Animals . No animal, bird, poultry or, livestock shall be maintained on any Lot The Board may enact reasonable Rules permitting exceptions to this prohibition for compelling business purposes 5.4 IemporaKy Occupancy and Temporary Building. No trailer, incomplete structure, tent, shack, garage or barn, and no temporary buildings or- structures of any kind, shall be placed on the Property at any time other than temporary buildings or structures used during and in connection with the construction of Improvements, which shall be removed immediately after the completion of'such construction. 5..5 Diseases and Insects No Owner shall permit any thing or condition to exist upon the Property or any Lot which shall or might permit, induce, breed or harbor infectious �, plant diseases or noxious insects. 4 5.6 Antennas. Subject to Applicable Law, no antenna, tower, aenial, satellite dish or• 0 other device for the transmission or reception of television, telephone or radio (including amateur 0 or, ham radio) signals of' any kind (collectively referred to herein as "antennas") will be allowed 2 i outside any Commercial Unit, except those antennas whose installation and use has been 6 j approved in writing by the Board, which approval will be granted only if`. 5206415 7111825 Q01 5,61' the antenna is designed to assure the minimal visual intrusion possible (i. e , is located in a manner that minimizes visibility from other Lots); and 5.61 The antenna complies to the maximum extent feasible with the Design Guidelines within the confines of applicable federal regulations. Any transmission cable for a receiver to a Building must be underground. The restrictions in this Section 5 6 shall be subject to any limitations imposed by Applicable Law. The Board is hereby vested with discretion to enact Rules to implement this Article to conform to Applicable Law. The Board may enact Rules that are more restrictive than this Section 5.6, if permissible by Applicable Law 5.7 Mineral Exploration No Lot nor Block A shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind. 5.8 Trash Containers and Collection. No garbage or trash shall be placed or kept on any Lot or Block A, except in bins designated by the Board All trash receptacle enclosure areas shall have gates with self -closing latches.. The Board may adopt such reasonable Rules as it deems necessary regarding bins and collection of trash, including Rules to be in force on a temporary basis during any period of construction of improvements on any Lot or Block A. All rubbish, trash or garbage shall be promptly removed fi-om all Lots and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot or Block A. 5.9 Single Vendors.. The Board shall have the right to enter, into exclusive contracts for services shared by the Owners, such as trash collection, security, street sweeping, cable and telecommunications. In the discretion of the Board, the Owners may enter, into separate contracts with a designated provider. If the Board elects to enter* into a contract to serve all the Owners through the Association, the Board may assess the cost of the service to the Owners directly, in the approximate percentage of the benefit to each Owner, as determined in the sole and absolute discretion of the Board SAO Window Coverings, In no event shall the interior or exterior' of any windows be covered with reflective material, such as foil, or with paper, bed sheets or other temporary coverings The Board shall have the broadest authority to enact Rules relating to window coverings.. 5.11 Heatln>, Ventilating, and Air Conditioning Units.. No heating, air conditioning 2 or evaporative cooling units or equipment shall be placed, constructed or maintained upon the 4 Property in any places other than as permitted under the Design Guidelines . 7 4 5.12 Solar Collection Panels or Devices. Subject to prior, approval of the plans 0 therefor by the Board, such approval to be subject to the restrictions of Applicable Law, solar 3 collecting panels and devices may be placed, constructed or maintained upon any Lot, so long as 2 7 either (a) such solar collecting panels and devices are placed, constructed and maintained so as not to be visible fiom other Lots, or (b) such solar collecting panels and devices are placed, constructed and maintained in such location(s) and with such means of screening or concealment 10 5206415.7/11825.001 as the Board may reasonably deem appropriate to limit, to the extent possible, the visual impact of'such solar collecting panels and devices. The restrictions in this Section 5 12 shall be subject to any limitations imposed by Applicable Law.. 5.13 Vehicles. No vehicles may be stored on the Property overnight other than vehicles directly used in the active conduct of uses or businesses being conducted on the Property, and such vehicles may only be stored on the Lot on which such use or business is being conducted. All vehicles parked on the Property must fit into a single designated parking space. The Board shall have the authority to enact reasonable Rules relating to vehicles and traffic on the Property 514 Lighting. The Board may enact Rules relating to internal and external lighting on all portions of the Property. The rules may be all encompassing, including regulating wattage, direction, times when lighting is permitted and any other rule relating to lighting. 5.15 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property for any unreasonable time, and no odors shall be permitted to arise therefrom, so as to render the Property or any portion thereof' unsanitary, unsightly, offensive or detrimental to any other portion of the Property in the vicinity thereof or to its Owners or Occupants No loud, noxious or offensive activity shall be carried on or permitted on any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to Persons or property in the vicinity of such Lot, or which shall interfere with the quiet enjoyment of each of the Owners and Occupants provided, however, that the activities of', and consequences stemming from, uses and business conducted on the Property in accordance with Applicable Law and, if required, approved by Declarant, shall be deemed to be not in violation of this provision 'The Board shall have the right to determine, in its sole discretion, whether the provisions of this Section 5.15 have been violated. Any decision tendered by the Board shall be enforceable and be binding in the same manner as other restrictions in this Declaration, 5..16 DrainaLye,, No Owner or Occupant or other Person shall interfere with the drainage established for any portion of the Property by Declarant. No Owner or Occupant or other Person shall obstruct, divert, alter or interfere in any way with the drainage of ground and surface water upon, across or over any portion of the Lots, Common Use Areas or other portions of the Property, including, but not limited to, construction or installation of any type of'structure or vegetation. 5.17 Leasing; Obligations of Tenants and Other Occupants. In the event an Owner 2 rents or leases all or part of a Lot or Commercial Unit, such Owner must furnish the Board with a 7 completed tenant information form (provided by the Board) certifying that the tenant has agreed 4 to be bound by the Association Documents, and that the Owner accepts responsibility for tine 0 tenant's violation of the Association Documents. The Association shall be a third -party p beneficiary of any such lease solely for the purpose of enforcing the Association Documents, and 3 shall have the right to establish and charge fines against any Owner failing to enforce the 3 provisions of the Association Documents against his tenant. The Association's third -party rights shall include the right to evict any tenant for violations of the Association Documents. All 1I 5206415.7/11325,001 tenants must execute a crime -free lease addendum on a form provided by the Board The Board may enact Rules requiring additional disclosures. All tenants shall be subject to the terms and conditions of the Association Documents, Each Owner shall cause his tenants or other, Occupants to comply with the Association Documents and, to the extent permitted by Applicable Law, shall be responsible and liable for all violations and losses caused by such tenants or other Occupants, notwithstanding the fact that such tenants or other Occupants are also fully liable for - such violations. The Board shall have authority to enact Rules relating to rentals. 518 Environmental Protections. No Lot nor Block A, nor any Improvements on any Lot or Bloch A, shall be used to generate, manufacture, refuse, transport, treat, store, handle, dispose of', transfer, produce or process Hazardous Substances or solid waste, except in compliance with all applicable federal, state, and local laws or regulations. For purposes of'this Section, "Hazardous Substances" shall be deemed to include pollutants or substances defined as "hazardous waste," "hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") as amended by the Superfund Amendments and Reauthorization Act of 1986 (PL 99-499); the Hazardous Materials Transportation Act, 49 U_S C. Section 1801, et se .; the Toxic Substance Control Act, 15 U.S C Section 2601, et sea,; the Resource Conservation and Recovery Act, as amended, 42 U S.C. Section 6901 et seg..; the Arizona Environmental Quality Act, Laws 1986, Chap .368; and in the rules or regulations adopted and guidelines promulgated pursuant to said laws. 5.19 Proper Restrictions No further covenants, conditions, restrictions or easements shall be Recorded by any Owner', Occupant or other Person against any Lot without the provisions thereof having been first approved in writing by the Board, and any such instrument which is Recorded without such approval being evidenced thereon shall be null and void; provided, however, that without prior approval of'the Board, Declarant shall have the right to record additional covenants, conditions, restrictions or easements against any Lot or other portion of'the Property owned by Declarant either prior to or simultaneously with the conveyance of any such Lot or other- portion of'the Property to an Owner. Notwithstanding the foregoing or anything else in this Declaration to the contrary, no such instrument Recorded by an Owner shall operate to modify or amend this Declaration but, in the event that such covenants, conditions and restrictions impose restrictions on the use or occupancy of the real property subject to such instrument which are more restrictive than the restrictions set forth In this Declaration, the more restrictive provisions shall prevail No application for rezoning, variances or use perrnits pertaining to any Lot or other portion of'the Property shall be filed with any governmental authority by any Person unless (i) the application has first been approved by Declarant, so long as Declarant owns any portion of'the Property, and thereafter by the Board, and (ii) the proposed use 2 otherwise complies with this Declaration.. Notwithstanding anything contained in this 7 Declaration to the contrary, none of the restrictions contained in this Declaration shall be 4 construed or deemed to limit or prohibit any act of Declarant, its employees, agents and 0 subcontractors, or parties designated by it (i) in connection with the sale or disposition of Lots, or 0 (ii) during the course of construction of Infrastructure9 Improvements on any portion of the Property 12 5206415 7l1 1825.00I 5.20 Repair of Building No Commercial Unit on any Lot shall be permitted to fall into disrepair and each such Commercial Unit shall at all times be kept in good condition and repair and adequately painted or otherwise finished, In the event any Commercial Unit is damaged or destroyed, then, subject to the approvals required by ARTICLE 6 below, such Commercial Unit shall be immediately repaired or rebuilt or shall be demolished. 5.21 Si s No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on any Lot except signs that Comply with the Mercado del Rio Sign Criteria, copies of which shall, on request, be provided to all Owners and Occupants by Declarant or the Board 5.22 Utility Service. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any Lot or Block A unless the same shall be contained in conduits or cables installed and maintainers underground except as otherwise approved by the Board in writing, This Section 512 shall not apply (i) to the extent (ifany) such underground or concealed placement may be prohibited by Applicable Law, and (ii) to any above -ground structures and/or media for transmission as may be originally constructed by Declarant or are otherwise approved by the Board in writing. No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of Commercial Units, 5.23 Right of Entry. During reasonable hours and upon reasonable prior notice to the Owner or other Occupant(s) of a Lot, any member of the Board or, the Board, or any authorized representative thereof, shall have the right to enter upon and inspect such Lot, and the Improvements thereon, for the purpose of ascertaining whether or not the provisions of this Declaration have been, or are being, complied with, and such Persons shall not be deemed guilty of trespass by reason of'such entry 514 Decla-r ant's Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of Improvements or signs necessary or convenient to the development or sale of Lots and, in connection therewith, Declarant shall have the right and authority to permit and authorize the construction and installation of temporary signage which is necessary or convenient to the development and sale of any Lots. 5.25 Crime and Drop- Free. The Board shall have the right and power to enact Rules prohibiting criminal and drug activity on the Property, including the right to assess fines and 2 evict, dispossess and/or oust tenants or Occupants who engage in such activity The Association 4 shall have the right and power to require Occupants and Owners to sign reasonable contracts and 4 documents to assure there is no criminal and drug related activity on the Property. 0 0 5.26 Subdivision and Combination.. No Owner may subdivide a Lot without the 3 prior written approval of the Board, which approval may be withheld by the Board in its sole 0 discretion for any reason whatsoever or for no reason at all No Owner of Owners may combine two (2) or more Lots except in compliance with Applicable Law. In the event of a subdivision or 13 5206415 7/11825 00] combination of Lots, Declarant reserves the right to amend this Declaration, without the consent of any mortgagees, to reflect the terms and conditions thereof .ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Supplemental Desitin Guidelines. Subject to obtaining any required approval from the Town, the Board may adopt additional and/or supplemental architectural guidelines, standards and procedures which shall, upon their adoption constitute part of the Design Guidelines, 6,.2 Approval Required. No Improvement shall be constructed or installed on any Lot, not shall any addition, alteration, repair; change or replacement which in any way alters the exterior appearance of any Improvement be made or done, without the prior written approval of the Board that the construction, installation, addition, alteration, repair, change or other work of; to or on such Improvement complies with the Design Guidelines.. Any Owner desiring approval of the Board for the construction, installation, addition, alteration, repair, change or replacement of any Improvement shall submit to the Board a written request for approval specifying in detail the nature and extent of such construction, installation, addition, alteration, repair, change, replacement or other work which the Owner desires to perform., Any Owner requesting the approval of the Board shall also submit to the Board any additional information, plans and specifications which the Board may reasonably request If the Board fails to approve or - disapprove an application for approval within forty-five (45) days after an application meeting all of the requirements of this Declaration and of the Design Guidelines and additional information, plans and specifications requested by the Board have been submitted to the Board, the application will be deemed to have been approved. The approval by the Board of any construction, installation, addition, alteration, repair, change or other work shall not be deemed a waiver of the Board's tight to withhold approval of any similar' construction, installation, addition, alteration, repair, change or other work subsequently submitted for- approval 63 Review Standards. 'The Board shall have the authority to charge a reasonable fee for the review process outlined in this ARTICLE 6. In reviewing plans and specifications for- any construction, installation, addition, alteration, repair, change, replacement or other work which must be approved by the Board, the Board, among other things, may consider the quality of workmanship and design, harmony of extetnal design with existing structures and location in relation to surrounding structures, topography and finish -grade elevation. The Board may disapprove plans and specifications for any construction, installation, addition, alteration, repair, 2 change or other work which must be approved by the Board pursuant to this ARTICLE 6 if the 7 Board reasonably determines that the proposed construction, installation, addition, alteration, 4 repair, change, replacement or other work (i) would violate any provision of this Declaration, (ii) 0 does not comply with any Design Guideline, (iii) is not in harmony with existing Improvements 3 in the Property or with Improvements previously approved by the Board but not yet constructed, 3 (iv) is not aesthetically acceptable, or (v) would be detrimental to or, adversely affect the -1 appearance of the Property, (vi) is not in accord with the general plan of' development for the Property 14 5206415.7/11925 901 6.4 Effect of Approval„ 'The approval required by the Board pursuant to this ARTICLE 6 shall be in addition to, and not in lieu of, any approvals or permits which may be required under Applicable Law. the approval by the Board of any construction, installation, addition, alteration, repair, change or other work pursuant to this ARTICLE 6 shall not be deemed a warranty or representation by the Board as to the quality of such construction, installation, addition, alteration, repair, change or other work or that such construction, installation, addition, alteration, repair, change or other work conforms to Applicable Law 6.5 Exemptions,. The provisions of this ARTICLE 6 shall not apply to, and approval of the Board shall not be required for: 6.5.1 The construction, erection, installation, addition, alteration, repair, change or replacement of any Improvements made by or on behalf'of Declarant; 6.5.2 The construction, erection or installation of any Commercial Units which are constructed in accordance with plans and specifications therefor which have previously been approved by Declarant in writing; or 6.5.3 The repair, replacement or reconstruction of damaged or destroyed Improvements to substantially the same condition and appearance previously approved or exempt from approval, in accordance with the provisions ofthis ARTICLE 6. ARTICLE 7 ORGANIZATION OF ASSOCIATION 7.1 Formation of Association. The Association is a nonprofit Arizona corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Dcclaration. Neither the Articles nor Bylaws shall, for any reason, be amended or- otherwise changed or interpreted so as to be inconsistent with this Declaration. 7„2 Board and Officers; Management. The affair's of the Association shall be conducted by the Board elected in accordance with this Declaration and the Articles and Bylaws, and such officers as the Board may elect or appoint in accordance with the Articles and the Bylaws as the same maybe amended from time to time. the Board shall be composed of at least three (3) members. the Declarant, in its sole discretion, shall appoint the initial members of the Board and shall appoint all replacement or additional members of the Board until the earlier- of (i) the date Declarant ceases to be an Owner of an undeveloped Lot or ceases active efforts to sell any undeveloped Lot or Lots it owns, and (H) December 31, 2010. Within fifteen (15) days after 4 the date on which Declarant's right to appoint the members of the Board ends, the Board shall 7 schedule a meeting of the Members to be held not later than thirty (30) days after the date on 4 which Declarant's right to appoint the members of the Board ends, at which meeting the 0 Members shall elect an entire new Board. The Board may also appoint various conunittees and 3 may appoint a manager who shall, subject to the direction of the Board, be responsible for the 2 day-to-day operation of the Association. The Board shall determine the compensation to be paid to any manager or any other employee of the Association Notwithstanding anything contained 15 5206415 7111825.001 in the foregoing or elsewhere in this Declaration to the contrary, Declarant shall have the right to designate and to determine the compensation to be paid to the initial manager for the Association. the Board shall have the authority to expand the definition of Common Use Areas 7.3 Role of Association The Association's primary responsibilities will be the maintenance of all Common Use Areas and the administration and enforcement of this Declaration. 7.4 Association Rules. the Board may, from time to time and subject to the provisions of this Declaration, adopt, amend and repeal Rules to be known as the Mercado del Rio Property Owners Association Rules, which shall apply to, restrict and govern the use of the Property and the Lots.. The Rules shall not be inconsistent with this Declaration, or the Articles or Bylaws of the Association Upon adoption, the Rules shall have the same force and effect as if' they were set forth in and were a pact of this Declaration 7.5 Personal Liability None of Declarant, the Board Members, Association committee members or officers, nor any manager- or other employee of the Association shall be personally liable to any Member, or to any other Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, the manager, any representative or employee of the Association or any committee, committee member or officer of the Association.. ARTICLE 8 MEMBERSHIPS AND VOTING 8.1 Owners of Lots. Each Owner of a Lot originally established by the Plat shall automatically be a Member of the Association,. Each such Membership shall be appurtenant to and may not be separated from ownership of the Lot to which the Membership is attributable, and joint ownership or ownership of undivided interests in any Lot which establishes a Membership shall not cause there to be more Memberships than the number established for purposes of this Section 8.1. Each Owner shall have one (1) Membership for each Lot owned by such Owner within the Property as shown on any Plat. If' any Lot originally established by the Plat is further- subdivided, the Membership attributed thereto shall be allocated to the subdivided portions thereof as provided in the applicable recorded resubdivision plat, record of sruvey or other document effecting the subdivision of such Lot. If two (2) or more Lots originally established by the Plat are combined, the Memberships attributed thereto shall be allocated to the resulting combination of'Lots. 2 4 8.2 Rieht to Vote; Declarant's Retention of Class B Voting Rights.. No change in 47 the ownership of a Membership shall be effective for- voting purposes unless and until the Board is given actual written notice of'such change and is provided with satisfactory proof thereof'. The 0 vote for each such Membership must be cast as a unit and fractional votes shall not be allowed. 3 Ha Membership is owned by more than one Person or entity and such Owners are unable to agree amongst themselves as to how their- vote or votes shall be cast, they shall lose the right to vote on the matter in question, if any Member casts a vote representing a certain Membership, it 16 5206415 7/11825 001 will thereafter- be conclusively presumed for all purposes that such Member was acting with the authority and consent of all other- owners of the same Membership unless objection thereto is made at the time the vote is cast. In the event more than one vote is cast for a particular Membership, none of said votes shall be counted and all said votes shall be deemed void.. The Association shall have two (2) classes of'voting Members, as follows: 8.21 Class A., Class A Members shall be all Owners except Declarart. A Class A Member shall have the voting rights per Lot as reflected on the table contained in Section 9.11 below. 8.2,2 Class B. the Class B Member shall be Declarant The Class B Member, shall have 50 votes as long as Declarant owns an undeveloped Lot.. The Class B Membership shall automatically cease and be converted to a Class A Membership upon the happening of the first of the following events: 8.2.2.1 The date that is one hundred twenty (120) days after the date on which Declarant ceases to be an Owner as to at least one undeveloped Lot; 8.2.2.2 December 31, 2010; or 8.2.2.3 the date on which Declarant in writing relinquishes its Class B Membership and/or its right to vote all Class B Memberships,. 83 Membership Rights Each Member shall have the rights, duties and obligations set forth in this Declaration and such other rights, duties and obligations as are set forth in the Articles and the Bylaws, as the same may be amended from time to time. SA Transfer of Membershiu The rights and obligations of the Owner as a Member of the Association shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon transfer of ownership to an Owner's Lot and then only to the transferee of ownership of the Lot. A transferor of'a Lot must notify the Board of the transfer in writing, and shall remain liable far all obligations hereunder until the transferor so notifies the Board., A transfer of ownership of a Lot may be effectuated by deed, intestate succession, testamentary disposition, foreclosure of a mortgage or deed of trust of' record or such other legal process as is now in existence or as may hereafter be established under or pursuant to Applicable Law.. Any transfer of the ownership of the Lot shall operate to transfer the Membership appurtenant to said Lot to the new Owner thereof:. ARTICLE 9 2 4 7 COVENANI FOR ASSESSMENTS AND CREATION OF LIEN 4 0 9.1 Creation of Assessment Right, Covenants to Pay. In order to provide funds to 0 3 enable the Association to pay its obligations, there is hereby created a right of assessment 3 exercisable on behalf of the Association by the Board.. Assessments shall be for Common Expenses and reserves and shall be allocated among the Lots in accordance with the Assessment Allocation Chart set forth in Section 9 11 below. All increases in Assessments, and all Special 17 5206415 7/11825 001 Assessments, shall be allocated to the Lots pro-rata according to the Assessment Allocation Chart. Each Owner, by acceptance of his deed to a Lot, is deemed to covenant and agree to pay the Assessments with respect to such Owner's Lot.. Each Owner failing to pay an Assessment within fifteen (15) days of the date the Assessment is due shall also pay a late charge as set by the Board from time to time.. The initial late charge shall be the greater of Fifteen Dollars ($15 00) per month or ten percent (10%) of the unpaid Assessment. Late charges shall be subject to any limitations imposed by Applicable Law. The Owner' shall also pay all costs and attorneys' fees incurred by the Association in seeking to collect such Assessments and other amounts. The Assessments with respect to each Lot, together with interest, costs and attorneys' fees as provided in this Section 8.1, shall also be the personal obligation of each Person who was an Owner of such Lot at the time such Assessments were levied with respect to such Lot No Owner shall be relieved of the obligation to pay any of the Assessments by abandoning or not using his Lot or the Common Use Areas, or by leasing or otherwise transferring occupancy rights with respect to his Lot. However, upon transfer by an Owner- of fee title to such Owner's Lot and with written notice to the Board, such transferring Owner shall not be liable for any Assessments thereafter levied with respect to such Lot.. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner, No diminution or abatement of'Assessments or set-off shall be claimed or allowed by reason of the alleged failure of the Association or Board to take some action or perform some function;equired to be taken or performed by the Association or, Board under this Declaration, the Articles or the Bylaws. 91 Purpose of Assessments. I'he Assessments levied by the Association shall be used exclusively to promote and protect the rights and interests of the Owners and Occupants in the Property and in the Association, for the improvement and maintenance of the Common Use Areas, and for all purposes set forth in the Articles, including but not limited to, management fees, insurance premiums unless otherwise provided for, expenses for maintenance, repairs and replacements of Common Use Areas, and charges for water and other utilities for the Common Use Areas, 9.3 Reserve Fund. A portion of the Assessments levied by the Association may used to establish and maintain a Reserve Fund under control of the Board to he used of unexpected maintenance, repair or replacement of Improvements which the Association is obligated to maintain, repair or replace or for the performance of other duties of the Association the Reserve Fund shall be held and accounted for separately from other funds of or held by the Association.. 9.4 Lien for Assessments; Foreclosure, There is hereby created and established a lien in favor of the Association against each Lot which shall secure payment of all present and 2 future Assessments assessed or levied against such Lot or the Owner, thereof', together with any 7 other amounts levied against such Lot or the Owner thereof' pursuant to the Association 4 Documents. Such lien shall be prior and superior to all other liens affecting the Lot in question, 0 except: (a) taxes, bonds, assessments and other levies which, by law, are superior thereto; and 0 (b) the lien or charge of any First Mortgage made in good faith and for value, whether before or 3 after assessment or levy of such Assessment Such liens may be foreclosed in the manner' provided by law for the foreclosure of mortgages. The sale or, transfer, of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof' sball extinguish the lien of the is 5206415 7/1 1825 001 Assessments as to payments which became due prior to such sale or transfer, but shall not relieve such Lot from liability for any Assessments becoming due after such sale or transfer, or from the lien thereof:. The Association shall have the power to bid for any Lot at any sale to foreclose the Association's lien on the Lot, and to acquire and hold, lease, mortgage and convey the same. Dwing the period the Lot is owned by the Association, no right to vote shall be exercised with respect to that Lot and no Assessment shall be assessed or levied on or with respect to that Lot; rovid however, that the Association's acquisition and ownership of a Lot under, such circumstances shall not be deemed to convert the same into so-called "common areas." Recording of this Declaration constitutes record notice and perfection of the liens established hereby, and further Recordation of any claim of a lien for Assessments or other amounts hereunder- shall not be required, whether to establish or perfect such lien or to fix the priority thereof, or otherwise (although the Board shall have the option to cause Recording of written notices of claims of lien in such circumstances as the Board may deem appropriate) 9.5 Other Sanctions f'or Non -Payment, 'The Board may invoke any or all of the sanctions provided for in this Declaration, or any other reasonable sanction, to compel payment of any Assessment or installment thereof which is not paid when due (a "Delinquent Amount") Such sanctions include, but are not limited to, the following: 9.5.1 Interest and Late Fees. The Board may impose late fees for payment of any assessment or installment thereof that is not made within fifteen (15) days of the due date, and interest in such amounts as it determines are appropriate from time to time, subject to any limitations stated herein or imposed by law which such amounts shall be secured by the aforementioned liens; 9.52 Suspension of Rights. The Board may suspend for the entire period during which a Delinquent Amount remains unpaid the obligated Owner's voting rights and any and all other rights (except that any voting rights which are retained by Declarant as provided herein shall not be subject to suspension by the Board regardless of whether any Delinquent Amount remains unpaid with respect to the Lot or hots subject to such voting rights) and rights to use and enjoy the Common Areas, in accordance with the procedures that conform to Applicable Law; 9.5.3 Collection of Delinquent Amount. The Board may institute an action at law for a money judgment or any other proceeding to recover the Delinquent Amount; 9.5.4 Recording of Notice. the Board may record a notice of lien covering the Delinquent Amount plus interest, late fees and accrued collection costs as provided in this 2 Declaration The Board may establish a fixed fee to reimburse the Association or its 4 representative for the cost of recording the notice, processing the delinquency and recording a 4 notice of satisfaction of the lien; and 0 0 9.5.5 Foreclosure of Lien. the Board may foreclose the Recorded lien against 3 3 the Lot in accordance with Applicable Law relating to the foreclosure of realty mortgages 6 (including the right to recover any deficiency). 19 52064) 5 7111825 001 9.6 Computation of Annual Assessments; Annual BudLre>1~ The Board shall adopt a budget for each fiscal year of the Association, which budget shall serve as the basis for determining the Annual Assessments for the applicable fiscal year the annual budget shall include contributions to the Reserve Fund described in Section 9.3 above. Within a reasonable period following the meeting of the Board at which it adopts the budget for the year in question, the Board shall deliver or mail to each Owner a copy of the budget and a statement of the amount of Annual Assessments to be levied against each Lot for that year. In the event the Board fails to adopt a budget for any fiscal year prior to commencement of such fiscal year, then until and unless such budget is adopted, the budget (and the amount of the assessments provided for therein) for the year immediately preceding shall remain in effect. Except as provided in Section 9.8, neither the budget nor any Annual Assessment levied pursuant thereto shall be required to be approved by the Owners. 9.7 Due Dates. Assessments for each fiscal year shall be due and payable as determined by the Board Assessments shall be deemed paid when actually received by the Association or by its designated manager or agent (but if any Assessments are paid by check and the bank or other institution upon which such check is drawn thereafter dishonors and refuses to pay such check, those Assessments shall be deemed not paid and shall remain due and payable with interest accruing from the date such Assessments were originally due). If'the Board collects assessments on any basis other than annually, there shall be a late fee on each installment not paid within fifteen (15) days of its due date 9.8 Maximum Annual Assessment. The Assessments provided for under Section 9.6 shall not at any time exceed the "Maximum Annual Assessment," as determined in accordance with this Section 9.8. For the fiscal year ending December 31, 2005, the Maximum Annual Assessment for each Lot shall be determined by the Board. Thereafter, except as provided below, unless a greater increase is approved by a vote of more than fifty percent (50%) of the votes of the Members represented in Person or by proxy at a meeting of Members called for such purpose at which a quorum is present, the Maximum Annual Assessment for any fiscal year shall be equal to the Maximum Annual Assessment for the immediately preceding fiscal year automatically increased by an amount not exceeding ten percent (10%) of the previous Annual Assessment. Further; notwithstanding the foregoing, the Board may, without the approval of the Members, increase the Maximum Annual Assessment for any fiscal year by an amount sufficient to permit the Board to meet any increases oven the preceding fiscal year in: (i) premiums for any insurance coverage required by this Declaration to be maintained by the Association; and (ii) charges for utility services necessary to the Association's performance of its obligations under, this Declaration, notwithstanding the fact that the resulting increase in the 1 Maximum Annual Assessment is greater than otherwise permitted under the third sentence of 2 this Section 9 8 Increases in Annual Assessments shall be subject to any limitations imposed by 7 Applicable Law. 0 99 Special Assessments.. In addition to the Annual Assessments under Section 9 61 0 3 the Association may levy a Special Assessment but only for the purpose of defraying, in whole or 7 in part, the cost of any construction, reconstruction, repair, or replacement of a Capital Improvement owned by the Association or for defraying other extraordinary expenses. Special Assessments shall be assessed uniformly among the Owners. 20 524E415,.7/11825 001 9„10 Transfer Fee.. To ensure that the Association will have adequate funds to meet its expenses or to purchase necessary equipment or, services, each Person who purchases a Lot shall, immediately upon acquiring title to such Lot, shall pay into the Association an operating expense fee of $500.00 or such greater amount as is from time to time determined by the Board Funds paid to the Association pursuant to this Section 9.10 may be used by the Association for payment of operating expenses or any other- purpose perrnitted under this Declaration, Payments made pursuant to this Section 9 ,10 shall be nonrefundable and shall not be offset or credited against or considered as advance payment of the Annual Assessment or any other Assessments levied by the Association pursuant to this Declaration.. Payments made pursuant to this Section 9.10 shall not be used in calculating the Maximum Annual Assessment pursuant to Section 9..8 hereof. 9J1 Votes and Allocation of Assessments. One (1) vote is attributable to each Lot. The allocation of the assessments among the Lots and Lot Owners is as follows: LOT ASSESSMENT PERCENTAGE 1 9.3 2 6.1 3 5.3 4 14.3 5 3.9 6 4.8 7 4.5 8 6..3 9 T1 10 6..3 11 7.3 12 5.�0 13 4..7 14 3.9 15 3.9 16 7..3 TOTAL 100% 21 5206415 1/11825 001 1 2 4 a 0 0 3 3 6 ARTICLE 10 USE OF FUNDS; BORROWING POWER 10.1 Purposes for which Association's Funds May Be Used.The Association shall apply all funds and property collected and received by it (including the Annual Assessments, Special Assessments, fees, loan proceeds, surplus funds and all funds and property received by it from any other source) for the common good and benefit of the Property and the Members and Occupants by devoting said funds and property to, among other things, the acquisition, construction, alteration, maintenance, provision and operation, by any manner or method whatsoever, of any and all land, properties, improvements, facilities; services, projects, programs, studies and systems, within or without the Property, which may be necessary, desirable or beneficial to the general common interests of the Property, the Members and the Occupants. The following are some, but not all, of the areas in which the Association may seek to aid, promote and provide for such common benefit: maintenance of landscaping on the Property and public right-of-way and drainage areas serving the Property, maintaining the Common Use Areas as provided in this Declaration, obtaining of liability insurance, supplying of utilities and other public services, providing for communication and transportation within and dissemination of' information concerning the Property, obtaining legal and accounting services for the Association, indemnification of officers and directors of the Association and generally protecting the health and safety of the Members and the Occupants. The Association may also expend its funds for any purposes which any municipality may expend its funds under Applicable Law . 10.2 BorrowingPower, ower. The Association may borrow money in such amounts, at such rates, upon such terms and security, and for such period of time as is necessary or appropriate; Mrovided, however, that no Lot or other portion of the Property shall be subjected to a Mortgaged or be otherwise encumbered without the approval of at the Owner thereof' 10.3 Association's Rights in Spending Funds From Year to Year 'The Association shall not be obligated to spend in any year all the sums received by it in such year (whether by way of'Annual Assessments, Special Assessments, fees or otherwise), and may carry forward as surplus any balances remaining The Association shall not be obligated to reduce the amount of the Annual Assessment in the succeeding year- 1f a surplus exists from a prior year and the Association may carry forward from year to year such surplus as the Board in its discretion may determine to be desirable for the greater- financial security of the Association and the accomplishment of its purposes. 10.4 Insurance. The Association may maintain (i) insurance against liability incurred 2 as a result of'death or injury to Persons or damage to property on the Convnon Use Areas, (ii) 4 directors and officers liability insurance, and/or (iii) such other insurance as the Board determines a appropriate with the amount and type of coverage to be determined by the Board. 0 0 3 3 9 22 5206415 7/11825 001 ARTICLE 11 MAINTENANCE 11„1 Common Use Areas and Public Rights -of -Way. The Association, or its duly delegated representative, shall, in the exercise of its discretion, maintain and otherwise manage, all Common Use Areas. The Association shall also maintain and replace (i) all parking spaces and pavement areas located on portions of the Property other- than the Common Use Areas (ii) all landscaping installed on the Property by Declarant, and all utilities related to the landscaping. The Association may also maintain any other Improvements on Lots which are within the exterior boundaries of the Property and which are intended for- the general benefit of the Owners and Occupants of the Property, except the Association shall not maintain areas which (a) Pima County or another governmental entity is maintaining, or (b) are required to be maintained by the Owners of Lots. The Association shall, in the discretion of the Board: 11.1.1 Reconstruct, repair-, replace or refinish any Improvement or portion thereof upon Common Use Areas; 111.2 Replace injured and diseased trees and other vegetation on any Common Use Areas and plant trees, shrubs and ground cover to the extent that the Board deems necessary for the conservation of water and soil and for aesthetic purposes; 11.1.3 I7im all shrubs on the Property so as to maintain an eighteen (18) inch height where appropriate or necessary for visibility and/or crime prevention purposes; MIA Place and maintain upon any Common Use Areas such signs as the Board may deem appropriate for the proper identification, use and regulation thereof; and 11,.1.5 Do all such other and further acts which the Board deems necessary to preserve and protect the Common Use Areas and the beauty thereof, in accordance with the general purposes specified in this Declaration. The Board shall be the sole judge as to the appropriate maintenance of all Common Use Areas and other properties maintained by the Association. Any cooperative action necessary or appropriate to the proper maintenance and upkeep of said properties shall be taken by the Board or by its duly delegated representative. 1 11.2 Delegation oMaintenance Responsibility. In the event any of the Association 4 f Documents permit the Board to determine whether Owners ofcertain Lots will be responsible for 7 maintenance of certain Common Use Areas or public right-of-way areas, the Board shall have the 4 sole discretion to determine whether it would be in the best interest of the Owners and/or 0 0 Occupants of the Property for the Association or an individual Owner to be responsible for such 3 maintenance, considering cost, uniformity of appearance, location and other factors deemed p relevant by the Board. The Board may cause the Association to contract with others for the performance of the maintenance and other obligations of the Association under this ARTICLE 11 23 5206415 '7111825 001 w and, in order to promote uniformity and harmony of appearance, the Board may also cause the Association to contract to provide maintenance services to Owners of Lots having such responsibilities in exchange for- the payment of such fees as the Association and Owner may agree upon 11.3 Streetliahts. The Association, or its duly delegated representative, shall operate, maintain and replace any and all streetlights within the Property that are installed by Declarant as part of the Infrastructure Improvements, and the costs thereof shall be included in the Assessments. In its sole and absolute discretion, the Board may add additional lighting on the Lots or the Property, which the Association shall operate, maintain and replace 11.4 Assessment of Certain Costs of Maintenance and Repair of Common Use Areas and Public Areas.. In the event that the need for maintenance or repair, of Common Use Areas and other, areas maintained by the Association is caused through the act of any Member, his Occupants, customers, guests, tenants or invitees, or the guests, customers or employees of the tenants, the cost of'sueh maintenance or repairs shall be due within thirty (30) days of notice and shall be added to, and become a part of, the Assessment to which such Member and the Member's Lot is subject, and shall be secured by the Assessment Lien.. Prior to submitting a bill for such costs, the Board shall cause a notice to be sent to Owner specifying the maintenance or repairs and Owner shall have the right to object to his responsibility. Following the Board's consideration of'such objection, the Board may absolve the Owner or demand that Owner pay the bill within the thirty (30) day period provided above The decision of the Board shall be final and binding.. Any charges or fees to be paid by the Owner of a Lot in connection with a contract entered into by the Association with an Owner for the performance of an Owner's maintenance responsibilities shall also become a part of such Assessment and shall be secured by the Assessment Lien. 11.5 Improper Maintenance and Use of Lots.. the Owneis of the Lots shall be responsible for maintenance of the Lots (excluding the Common Use Areas), including, but not limited to, the parking spaces, all paved surfaces within a Lot, the Buildings and Improvements on a Lot, any and all lighting on a Lot and all utilities on a Lot. In the event any portion ofany Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots, or in the event any portion of a Lot is being used in a manner which violates this Declaration, or in the event the Owner of any Lot is failing to perform any of its obligations under this Declaration or, the other Association Documents, the Board may by resolution make a finding to such effect, specifying the partieulas condition or conditions which exist, and pursuant thereto give notice thereof to the offending Owner that -1 unless corrective action is taken within fourteen (14) days, the Board may cause such action to be 2 taken at said Owner's cost If' at the expiration of said fourteen (14) day period of time the 4 requisite corrective action has not been taken, the Board shall be authorized and empowered to 4 cause such action to be taken (either by undertaking such corrective actions or bringing suit to 0 compel the offending Owner to undertake such corrective action) and the cost thereof; together 0 with any attorney's fees expended by the Association in connection therewith, shall be added to, 4 and become a part of; the Assessment to which the offending Owner and the Owner's Lot is 1 subject, if any, and shall be secured by the Assessment Lien. 24 5206415.7l1 1825 001 11.6 Conveyance of Infrasttrrcture Improvements Upon completion of construction of the Infrastructure Improvements, Declarant shall execute and deliver a quit -claim deed of Block A to the Association and a quit -claim assignment of the Infrastructure Improvements to the Association, Upon the delivery of such deed and such assignment, the Association shall be deemed to have assumed all responsibility for Block A and the ongoing maintenance, repair and restoration of the Infrastructure Improvements.. After conveyance of Block A to the Association, the Association shall not further convey Block A without the consent of'Members entitled to at least two-thirds (2/3) of the votes of all Members in the Association ARTICLE 12 RIGHTS AND POWERS OF ASSOCIATION 121 Association's Rights and Powers as Set Forth in Articles and Bylaws. In addition to the tights and powers of the Association set forth in this Declaration, the Association shall have such rights and powers as are set forth in the other Association Documents.. Such rights and powers, subject to the approval thereof by any agencies or institutions deemed necessary by Declarant, may encompass any and all things which a Person could do or which now or hereafter may be authorized by Applicable I aw, provided, however that such other Association Documents are not inconsistent with the provisions of this Declaration and aie necessary, desirable or convenient for effectuating the purposes set forth in this Declaration.. Copies of the Articles, the Bylaws and any Rules of the Association shall be available fbr inspection at the office of the Association during reasonable business hours 12.2 RitZhts of Enforcement of Provisions of This and Other, Instruments The Declarant, for so long as it owns any portion of the Property within the Plat and/or controls voting rights of a Class B Member as set forth in Section 8 2 above, and the Association, as the agent and representative of the Members, shall each have the right to enforce the provisions of this Declaration However, if' Declarant or the Association shall fail or refuse to enforce this Declaration or any provision hereof for an unreasonable period of time after written request to do so, then any Member may enfbrce them on behalf' of the Association, by any appropriate action, whether in law or in equity, but not at the expense of the Association, unless the Board, in its business judgment, has affirmatively determined that it would be inappropriate under the circumstances to seek or permit such enforcement, in which latter case enforcement shall not be permitted by any Member and no Member may bring an action against the Board or Declarant for failure to so enforce or permit the enforcement of the Association Documents 12.3 Contracts with Others for- Performance of Association's- Duties.. Subject to 2 the restrictions and limitations contained herein, the Association may enter into contracts and 4 transactions with others, including Declarant and its affiliated companies, and such contracts or 4 transactions shall not be invalidated or in any way affected by the fact that one (1) or mote 0 directors or officers of the Association, or members of any committee, is employed by, or 0 otherwise affiliated or connected with, Declarant or its affiliates, provided, however, that the fact 4. of such interest shall be disclosed or known to the other directors acting upon such contract or transaction, and provided further, that the transaction or contract is fair and reasonable. Any such director, officer or committee member may be counted in determining the existence of a quorum 25 5206415.7/11825 001 at any meeting of the Board or committee of which he is a member which shall authorize any contract or transaction described above or grant or deny any approval sought by Declarant or its affiliated companies or any competitor thereof' and may vote thereat to authorize any such contract, transaction or approval with like force and effect as if he were not so interested. 12.4 Public Arts. Subject to obtaining any required approval from the Town, all funds to be provided by Owners for use for art in public areas of the Project in accordance with the Town Code of the Town shall be (i) used and expended for and with respect to the Property as a whole, and not for or with respect to particular Lots, and (H) administered and expended by Declarant, until such time as Declarant ceases to be a Class B Member, and thereafter the Board. ARTICLE 13 TERM; AMENDMENTS; TERNUNATION 13.1 Term; Method of Termination. This Declaration shall be effective upon the date of its Recordation and, as amended from time to time, shall continue in full force and effect for a term of twenty (20) years from the date this Declaration is Recorded. From and after said date, this Declaration, as amended, shall be automatically extended for successive periods often (10) years each, unless there is an affirmative vote to terminate this Declaration by the then Members casting sixty-seven percent (67%) or more of the total votes cast at a meeting held for such purpose within six (6) months prior to the expiration of the initial effective period hereof or any ten (10) year extension. This Declaration maybe terminated at anytime if (i) ninety percent (90%) of the votes entitled to be cast by the Members have been cast in favor of termination at a meeting held for such purpose, and (ii) if Declarant at that time owns a Lot, Declarant has voted in favor of termination.. Anything in the foregoing to the contrary notwithstanding, no vote to terminate this Declaration shall be effective unless and until the written consent to such termination has been obtained, within a period fiom six (6) months prior to such vote to six (6) months after such vote, from the holders of First Mortgages to which the Assessment Lien is subordinate pursuant to Section 93 above, on seventy-five percent (75%) of the Lots upon which there are such First Mortgages. If the necessary votes and consents are obtained, the Board shall cause to be Recorded a Certificate of Termination, duly signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the Association, with their signatures acknowledged. Upon such Recording, this Declaration and the Covenants set forth herein shall have no further force and effect, and the Association shall be dissolved pursuant to the terms set fbrth in its Articles. 13.2 Amendments This Declaration may be amended by a Certificate of Amendment, 2 duly signed and acknowledged. The Certificate of' Amendment shall set forth in full the 7 amendment adopted, and, except as provided in Section 133 below, shall certify that, at a 4 meeting duly called and held pursuant to the provisions of the Articles and Bylaws, the Owners 0 casting at least seventy-five percent (75%) of the votes then entitled to be cast voted affirmatively 0 for the adoption of the Amendment and by Declarant, if Declarant at that time owns a Lot. 4 3 13.3 Right of Amendment to Correct Drafting Errors., Declarant reserves the right to amend all or any part of this Declaration to such an extent and with such language as may be 26 5206415 7111825 001 �!r appropriate to correct drafting errors. Any such amendment shall be effected by the Recording of a Certificate of Amendment duly signed by or on behalf of Declarant, with its signature acknowledged ARTICLE 14 BOARD OF DIRECTORS POWER TO ENFORCE 14.1 Board of Directors Powerto Enforce. The Board of Directors shall have the authority to enforce all uses and restrictions contained in this Declaration and all decisions of the Board 'I he Board shall act as the final arbiter of any dispute related to the uses and restrictions contained in ARIICLE 5 . the Board shall act as the final interpreter of any of the provisions in this Declaration and all Rules and Design Guidelines. The Board shall adopt reasonable Rules for the conduct of any disputes or disagreements as to or involving the provisions of this Declaration, the Rules and the Design Guidelines ARTICLE 15 GENERAL PROVISIONS 15.1 Interpretation of the Covenants.. Except for judicial construction, the Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all Persons and property benefited or bound by the Covenants and provisions hereof, 15.2 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. 15.3 Perpetuities and Restraints on Alienation. If any of the options, privileges, Covenants or rights created by this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provision shall continue until twenty-one (21) years after the death of the last living survivor of the now living descendants of the President of the United States on the date hereof 15,4 Rules. In addition to the right to adopt Rules pertinent to the matters expressly 1 mentioned elsewhere in this Declaration, the Board shall have the right to adopt Rules with 2 respect to all other aspects of the Property and the Association's rights, activities and duties, 7 provided said Tulles and regulations are not expressly inconsistent with the provisions of this Declaration. 0 3 15.5 References to the Covenants in Deeds. Deeds to, and instruments affecting, any 4. Lot or any other part of the Property may contain the Covenants herein set forth by reference to 4 this Declaration; but regardless of'whethet any such reference is made in any Deed or instrument, each and all of the Covenants shall be binding upon the grantee, Owner- or other, Person claiming 27 5206415 7111825 001 MM by, through or under such Deed or instrument and each of their heirs, executors, administrators, successors and assigns. 15.5 Genderand Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders, words used in the neuter gender shall include the masculine and feminine genders, words in the singular • shall include the plural, and words in the plural shall include the singular'.. 15.7 Captions and Titles All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 15„8 Notices. If'notice of any action or proposed action by the Board or any committee or ofany meeting is required by Applicable Law, by this Declaration or by resolution of the Board to be given to any Owner- or Occupant then, unless otherwise specified herein or in the resolution of the Board, such notice requirement shall be deemed satisfied if'notice of such action or meeting is mailed by fast class mail, postage prepaid, addressed to the intended recipient at the address of any Lot of which such Person is an Owner, or Occupant This Section shall not be construed to require that any notice be given if not otherwise required and shall not prohibit satisfaction of any notice requirement in any other manner. 15.9 Waiver,. The waiver of or failure to enforce any breach or violation of this Declaration wiII not be deemed a waiver or abandonment ofany provision ofthis Declaration or a waiver of the right to enforce any subsequent breach or, violation of this Declaration. The foregoing shall apply regardless of whether• any Person affected by this Declaration (or having the right to enforce this Declaration) has or had knowledge of the breach or violation. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. Lawyers T itle Agency of Arizona, an Arizona Limited Liability Company as Trustee under Trust No 180 -1 �- Trust Office T J 7 4 7 4 28 0 0 3 4 5 5206415 7111825.001 STATE OF ARIZONA ) ) ss.. COUNTY OF PIMA ) On this ^day of'�i C�_C��CLif; 2004, before me, the undersigned officer, personally appeared, w o acknowledged himself' to be, Trust Officer of Trust No.. 18080-T: whom I know personally; whose identity was proven to me on the oath of a credible witness by me duly sworn; whose identity I vetified on the basis of his and he, in such capacity, being authorized so to do, executed the foregoing instrument for the purposes therein contained on behalf of that entity. IN WITNESS WHEREOF, I hereunt set my hand and aff'ic'aI seal. NOTARY SEAL: --- Notwy Public OF~!CIAL SEAL DORIS J.. CLARK NOTARY PUBLIC-ARIZONA P MA COUNTY My Cofrr.; ? v Varch 7, 2008 29 1 2 4 7 4 0 0 3 4 6 5206415 7111825,001 �y..�� r_l•, JUL 14 ak Planning and Zoning Division 11000 N. La Canada Drive, Oro Valley AZ 85737 Phone: (520) 229-4800 Fax: (520) 742-1022 Web Site Address: www.townoforovalle3,.com REQUEST FOR PREAPPLICATION CONFERENCE PROJECT DESCRIPTION: LOCATION PARCEL NUMBER: TYPE OF REQUEST APPLICANT NAME/F n r7 ,-7 ADDRESS: TELEPHONE NO.: D I l- -" Z- FAX NO.: PROPER SIGNAT E:� -� DATE: PREAPPLICATION CONFERENCE DA E REQUESTED: 7— (Office use only) ❑ SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST TEN (10) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. ❑ SUBMITTAL REQUIREMENTS "ALL PLANS MUST BE FOLDED PER PIMA COUNTY FOLD." o TWENTY (20) COPIES (24X36) OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. 0-7-1-0 • s� SOUTHWEST GAS [ORPORAi1011 Wx- October 31, 2007 Town of Oro Valley Planning & Zoning Department 11000 N.La Canada Dr. Oro Valley, Arizona 85737 NOV0 2 2007 OV1207-10 MERCADO DEL RIO , LOTS 8,9, & 10 Southwest Gas Corporation has no objection to the platting of the above mentioned project. However, existing natural gas facilities are located in adjacent right-of-way which may be affected by construction of this project. Blue Stake should be notified 48 hours prior to construction. Further information regarding natural gas facilities on or near this project may be acquired by contacting me at 794-6049. RICK BARON/ENGINEERING TECHNICIAN 3401 East Gas Road / Tucson, Arizona 85714-1994 P.O. Box 26500 / Tucson, Arizona 85726-6500 / (520) 889-1888 / 1-800-428-7324 www.swgas.com Tucson Sectric Power Company 4350 E. Irvington Road, Tucson, AZ 85714 Post Office Box 711, Tucson, AZ 85702 WR#190064 November 26, 2006 RNS Architect Attn: Randi Nelson -Shipley 2221 E Broadway, Suite 203 Tucson, Arizona 85719 Dear Mr. Nelson -Shipley : SUBJECT: Mercado del Rios OV1207-10 Tucson Electric Power Company has reviewed and approved the development plan submitted October 26, 2007. It appears that there are no conflicts with the existing facilities within the boundaries of this proposed development Enclosed is a copy of a TEP facilities map showing the approximate location of the existing facilities. Any relocation costs will be billable to the customer. In order to apply for electric service, call the New Construction Department at (520) 918- 8300. Submit a final set of plans including approved site, electrical load, paving off -site improvements and irrigation plans, if available include a CD with the AutoCAD version of the plans. If easements are required, they will be secured by separate instrument. Your final plans should be sent to: Tucson Electric Power Company Attn: Ms. Mary Boice New Business Project Manager P. O. Box 711 (DB-101) Tucson, AZ 85702 520-917-8732 Should you have any technical questions, please call the area Designer Lisa Romero at (520) 918-8261. Sincerely, Elizabeth Miranda Office Support Specialist Design/Build Im Enclosures cc: S. Gay, Town of Oro Valley (email) Lisa Romero, Tucson Electric Power 11/20/2007 11:48 52074 PIMA COUNTY ADnQP SG PAGE 01/01: 1717.