HomeMy WebLinkAboutOV100801AFebruary 29, 2008
Planning and Zoning Department
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Az 85755
Dear Sir or Madam,
This letter is to give my permission to remove the common driveway, emergency airstrip
from my parcel #219-23-0670 and to decrease the lot size to about 6.34 acres.
Sincerely,
Mary Glenn Winscott
Property Owner
,03/31/2008 13:04 FAX
U 002/014
Crata OF A:trzovA z >s.wr a rtitr UYA tAe .tthta No. SSW
ootavy:-or riMA ) to :•t�AlAciwa.tr. avr. a Aruooa ,
wham w )sna nod oevd ea.L IUa V.AE SMYIn
F1"..ea4 P*4*4 ).law �i�W lheoaT Date: _ ..,_ �.
. I2376 -4 s3,s Ph
Roo PfRcbe .on, Mollov iIci:ed and Iona,
� ec�
For the conslderallon .A TEN AND N01100 - - - - - iS10.00) - - - - Dollars.
and other valuable tonsideratSons, Y (or tire) STA14LEY J4N :RACIM, x marr.ted man,
in hire sole and separate right-,
do hereby CONVEY unto %ARY GLENN WINSC.:i, a widow, as her solo anll
separate property,
the Mowing described real property altua►,e to 14ma County, AAwns:
All that part of Section, 27. Township l; south, R AtG 13 fast. G. t S.
R. B. 6 M., Pima County, Arizona, pore p+rti:ulariy described as f,)lloKs:
Commencing at the southeast corner if said Section 27.
Thence North 00' 01' 00" West along the east tine of Section 27.
a distance of 2090.31 feet to tht nbt POINT OF BEGINNING.
Thence contim.e North 000 Ol' iX)" West. a distance of 52.32 Tat:;
Thence ho!th 72' 38' 33" West a distance of 1687.30 feet;
Thence youth 19' 57' 36' West, a distance of 555,54 foot;
Thence South 70' 02' 24" East. a distance of 518,00 feet;
Thence North 19' 57' 36" East, a distance of 530.00 feet;
Thence 'cuth 72' 38' 33" East, a distance of 1166.64 feet to the TRUE
POINT OF BEGINNING.
Containing 3.33 acres, mre cir less.
RESERVING :an easement for (ngress•egresi and utilitles owtr and upon the
northerly 50.00 feet and the easterly 50.00 feet of the "sterly $38.00
feet of the above described parcel.
w.,
ARMONA )
leis.
• PI)tA )
A.ted this kC% day o!
Ai:J"
.. - ' -,,.'?. TkU t9trtraen1 -&I aNuatiratdted b0ore )lye tbla Rca Ada
t ,. �
•� 'a i�TARLEY JON TI.AC85:2.
♦0 �
sly comrntsaloa &xP1.+ts:.r!7L -z7- -.
lag
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STATE OF ARMONA) �! hereby ceftify that the with:: No. c�All..�bo
its. iastttunent r+As filed for record '
COLINTY OF PIMA ) n 9imt Coenry, Sttteof Ati:nna Bmk... e .^•./�....Page % ��.A
ICA ► Ar ' MYM An, 976'4 05 Flat
Witness my hand and Official Scat Dale: .... ........ .....
Indexed Pa cat Blotted Cry Rrcardrr / Requ/e/rtt^J/,"Xth LAS h tLtt:ihi( (; PAPLNt
l)Cp Fee:
RIGHT OF WAY C/.SCHENT
MS INDENTURE, mA,1c this 21Lt day of- !hand bcty vn
STAMM JON TPAMTA, a ±::;^_± train, as h:s sole and separate property
_ _, Part of the first part, And TLICSON GAS d
ELLCTRIC COMPANY, an Anions (orlwafion. PA-ty Of fi; srtn I par;
lY'ITNE.SSr-ni: 11ut the rAn.Y— of the bra part, !i•r p%j At.J xalual,le aatLlcrati„n, the feltFF4 of %hich it hereby
ulna %in11v,1, ba _ 6_ guntnl And uu„rsc.l, and 1•t dx+e r csC-tut .h,SJ_ pant and Currtrs unk, tiva ta,d Ptrty Of die aeccx,d
per%, a, urucawn and at+ignt, a nght .,( vv) .•r evvment if, t•n. thnmrh, under, oter, and atnns the folleuing deacribed I4nJ•
for the parfx„a of onvruning, up,crA;;tt.G, and maunAinmg An drofic tranunittinn (ir dwri cation lick of system thereon:
FOR OVFRMW WIRED ONLY:
The cast 71. feet •)f hest portion of 1tetton 27, Township 11 South,
Range 13 (heat, GIBRPM, lsiza Coaaty, Ari:asa, +ta,:h is more partl-
cultsrly deu,:ribed in the Office :if the "Ili t,r Av.-order of Pima
County, Ar_rona, in Book 5Z'x at pa„-r ,:'i. Said 75 v"t being
that cr-rtain 75 feet which lies westerly' of And atutting the east
line of said Section 27.
Said .cionJ party k herrhy granlM the right and I•rivlcpc .,. ,r..n. een,arwi. opterare, and mAintsin said dcolie ling or
ty,trm in. can, thrtxtgh, under, oter An.i At rots unl teal ata:r %nh ale pv ica, ernrcarms, tnnJuvn, raJr. Iullboagt. estr.enurc's,
Cable, %tilt, gttys, surlv,ns, fixtutrs, uuh'n, stay%.•N 'I"'Ces u n1 „r uaful in th• ttt,struot•tro or oprcuun of wid lint. to
permit the olivfi tmrni of %irct and Rennet of any wt t _(v. ran+ a:t•I to do all other nuttrti and tht:.ps ctimcntcnt of tiretiitnl
cat tite (onsnuumn or np:ralton of An ilnfrt( line, tr •,saes t An.' n,a.ntam trlep,hnnr (tnu,t. In rntcr upCn urJ premiss at all
lime*. to sunel. (ntt,ru,l, wises, fcplt(r, rnlAr4t, olrtuc• tontr,•I, an.! caw auJ Item, It, rmx,rt ahem Of t "let there•
fl,vn, to trim tort or it her gro%tht mifffrrdtfi .,r .Ianptt'N% 1'. the oprntitn of aatJ fine, or to mmott the vbdt tt Any pail
of said line at the dotrcnnn of said rem of the ttx,J,l [art Brant„esn f ret+ the rtl:ht to mlaw yate, e aml mmpy atiJ rAht
n( %'Ay except thAt %.th,•ut the I•rt,.r % fill( n AI•rmr.J fat C•ta•ner, the Gu,d.» shall rxt fled am, b.Ynlv,tan or rernsaarm build•
mg or structure tut the 1 n,rerty %htth %ill Ir to (unfhR volt the Natrona) b eslrxal %Aifty Cr,1r tM any rnisunt thereof.
11tc• undcntgnt•,l u,trn,mt _. that __. fir ._ikthr nv tw._ of tote A %,ir Jt�M nl JanJ, ArJ thAt utJ lan.lt Art fen• of
nmmmhrAn(rt And hcnv n( %hAtvxvcf JlAfa(hr, t ,rervt d. ne i.rld br llw I'Ahmm.� pn vies
AI'PROVF.D BY RI:VF31SIOfiARY 01A1sFR: COfrIijrsN:A_. t4F.RYIc$ coK3pRA77,ON a corporation,
TO HAVE AND '!O i101.0 the same unto the ,if r1. `ini .d clot :E.*i8 pare. -it witc*K,n And awgns forcer.
IN %71'N S %'HEREOF, the raid parta� ^of �hc ftru part ha q.hcrcw:w sct � tils,havd,_md w-al_ the
Jiy And )4r firs) abose writtrn.
) + STA►iLa�7��1 7A
i OTATdloF AlItONA
u.
p County q.
111is rnat4mmt was "no%le'lpd Wort me, the anJcrsignnl notary JuNic, by.
STANi3Y JON TILILMA
tht__�dal of 19 .7(• i
N�ar"ea2,5
My Commititn erpircs;_ , Qt
lOrIM toes R[V. II}e..:• ( -
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IRATX (15 AINywi,1 I
llrfw► aw the f L11 dal W i lu+P
�ba at\aw w".It b Ir p.•SwnalJr a
t wtlarisrd r' la ib ►�"svtr.iTMTf 4( i1M•IY1�T11i:ti'J'it. .R171'P. 4l)ItlKi "1 'tj' 6ft—u a• wrh 1'aK INIi411N11I t:•/ 1}M IM:rI+M thftil. tN1T1(,N ++r7 livl IM wt aim I1 ago,.
"� n tsmw;,r d by 6i"Iat IIM aw" of SM
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16487
�;. •.:.resit .t .� t�, .; p, ,wr..r
coVt.-n• o.• PIMA > ta.plj��c .rtr, a Artmna :L
v zL1'�y�
,,� a .,:c o:-. �:,� c•t �:' IIII ME S1tYI11! 9.� � �......
r r�� 1
Sn6n,0 Aw•; +4 f dotted Cotsatr Recorder Date: _..._._...—
Idoi[or Flckrd snd iolm, P.C, . Ai;k
C•
_ �• F}
J �
eeb>..
TO CORRECT SCRIVENER'S £ fR UA IN LEGAL. DESCRIPTION CF TKhT
WIPE' �^FE}p3 R 'CORDEEDp IN THE OFFICE: OF TIIE PINM COUNTY RECORDirR
For the cons!der;tran t' -age-8D7- - - TEN AND N01 01 - - (510,00) "Dollars, U
and othtr valt:ab.e r:onaidentions, I (or we)
STANLE? V. TRACt:TA and MARGA.RET A.
TRACHTA, husk. -and and wife,
do h►reby CONVEY unt:), STANLEY JON TRACHTA, a married man, as his sole
and separate property:
the following described real property situate In Pima County, Arizona: .: 1
All 0zit port. Of Section 27, 'l'ovnrhip 11 South, Pin4e 13 East, G 6 S. %
R. B. 6 !,., Pitna County, Arizona, ,rc,rr, p.rticutarly described As
follown:
Coruncncinq at ta(r southcn::t cc•r rr of said Section 27,
Thence Earth 00" 1:1' pn" 'Ker;t. 110nc= the east line of Section 27,
a c1'.11tance of 2cd 1. 31 feat to t?:r! TRUC 1'0INT or BEGINNING.
"once continue 1 er.h (W 01' 00" West, a Iistdnce of 52.32 feet;
Thenc- North 72° 3C' 3.1" ncnt, a distanco of 1667.30 feet;
111;ionce South 194 57' 36' 'r'car. a elistanco of 555,54 feeti
Thence North 700 02' 24" P'tr:ct,, q riistanct. of 562.00 feat;
Thence South 191 57' 36' Woot, } distance of i56,00 foot;
Thenco South 701 12' 24" Eaot, : d%r,tan co of 64.7,0^ foot;
Thence !rot th 19' _+7' 36' East, •. rlittt. ace ':f 95U.00 fnetI
Thence South 70° 02' 24" East, •t of 458.J0 feet:
Thence North 19° 57' 36" E;trit, •t tli.stance of 530.10 •'dct;
Thenco South 720 38' 33" Eae;t, a it taacc of 1160.64 f•:,t.
to tho TRUE POINT OF tlE'INN 1'.0,
Containing 22.33 acros, mare or ietin.
RESERVING ens^ner.ts for ingraYs-",.reaa and utilitio4 over and upon
the northerly 50.09 fc-vt, the westcrl;, 50 00 feet aad the G;:!t.h-
ensterly 50.00 fee, of the dhcve-describvd parcel.
Well day cd
ltAlt�il''u�TIJ1r�i'�/.\i,Aic ...,. ,
M t i+t t Olt' AR=NA } e
,1► �, It ptc Moment was acicnvwWvd Wore r-* t?+!s s!Q Q/�ay of �rt�uarx-,, l>i 24i 'fill rye'
r tQ1►'� TVLEY W. 'TRACHTA anE. KkIRChRET A. TRAC111A. s .
+4�"rd�i. }
M commlulon�Mttaty�PubtleWM
AT 313112008 12:47:41 PM [US Mountain Standard Time]" SVR:ROSWELLX1122" DNIS:6354 " CSID: " DURATION
03/31i
•1� ss.
k
I ,..leer. �i�11Ji'+ Tyr•
I h, by rrrtdy that the wah;n 14".
filed for 1•n...... .... ..Tr �.y ij't_
�n r r., Ga•my, State of Anft•na „ It.. v .. ."
Ib4 Mil ..r,.yi� lilt. ............. . . ........
County Hran,drr Hryunt ot.
ref r.. • ..t.,.1r... rt,.e',i,Yf
Htl.r. �.r ......................
Deputy r".....�n..., .....
".._......_._ ..__.___...__-.,..._.___..----_ .__..__...._.. , hrreinat.ri ta;lyd "(;ranlur," f.,r µ:sad
soil valcaf� .,drr.una,. Ihr r,rteipt of which it hereby aatnowedgal, :trrtby µf.nb and t-ko-1s unto TUCSUN GAS h
El E("ritic •:lr.v.PA..NY. An Arif,:na totporarion, its lotus....+ ...J —iwl , hrerinalirr ,,fell "Gtar.rre." u, rasrnvnt and fight
of w«y t , cnnc•nut, 01,,rarr, r,,I ruainf sin:ndcrground OWIlt tine, an,i.,pl-Ifltau,t fatililia for the iransrnim"if +nd dwribu•
ILI ,:I e4rrnv:r upon. rh..... h, „vcr, wider. and Ants the lam's ,nd any end all pafarls and pnrci(f.1c than•, hrtrinaftrr
drtct,bnt.
1'hr la:„la in al u h ,sal anrmrnt and tight al way if Lochs ,came, . rf nw•:rd by Granwt in Ire nu•;-r, ale utu+trd in file
C, mf) r,(1hut+, St ,t, nl Ancona, and au pa -tit ularly. des, •Ibrd as frdlnws, to wit:
rf-rtnin real. propf•r' _,:otn,i trf t-he 34 or S,`CL1on 27
1'jwriohlp 11 S(vith. Y.r e L , ;r_vt, +;P4R;i •1/, li lmn l:ours;y. Arl ona.
Said real property teas,; Vus*thei dencribed and )" rerord in the
OP171'r of the County Recorder. Plo.a C.oulity. v i.onn, in ;look '--')W
nt pn: e T; th^rent'; F.Xt;E '.inn. p,,rtton de ^_r'..bert in li Eck 5L h
fit pnl'c filo thereof.
Sn`.tl l•nrtrr.pnt -t:j rirtrt or WV Joint• 10 ('Pe' !n wNLn, ii t r sire
pnrtirul: rLy ahown on laravinR %7-Cs;i-ma'at"+)•?., nttecbod hcrr•t.o
by t,h[a ^rreren^e n:.IP a part, hert„r.
This, 'Ninc-ant is alsn Over; ,anll llrante.'.
for the purpose of installing, mitin4ain
talCphonc lines and faCilities relntod
Gt+n'te shall have -,he right to uuvare fur, glue, lay, constnrct, operate, uttg4rr�pQ_ ,lrr 1 pft,(t at hrc�ff
Ali? I, improve, add Is,, itIorair, anal/or rrmcvt at any turn and (ruin time to tbne,undes our e l t %i ' ns4ting
of conduits manholes, handhoies, pullbuaes, and junction Luxe, wit
sacs and abbe uad -hefeln, an o ea
consisting of transformer pads, trani(ornirts, t;rvlct pedestals, firer poles with squired evethrad conductor*, an ncrs
necessary for the operation of laid undergrcund facilities and all miseelfaneous equipment and material trrnnecte thotws
Grantee shall have the right of ingtess to and egress front said casement by a prarfca route of courts In, upon, over, and scrou the
hrrelnW-re described lank or any portion or portions thereof, together with the right to clear and jeep clear said tasemrnt and
ri ht of way, from expl-0sives, mstertah. buildings or other structure►, bnplemtats, or obstructions, without itmiting the patrality
of the foregoing,
Grantor shall not dig or drill any well, plant any tire, teat, place, or construct any pipeline. Wifadon ditch, 1416s, pond,
budding, well, Noss or ntler structurr, nor impound at store fluids andlof materlds within the bnundair a of the above described :
easement and it ht of way.
Grantor shall not Increase or decrease flit y,ounj surface cles•ar3uns vaithln the boundaries Fifths above described taument
and right of wyy sahtinq at the due of execution of this instrument, nor shall the said pound surface be Ponfirettj to a depth
In excess of 12 ;nchei by any tool or implemert, vdrkout the previous written ennsent of the Grantee, if subsequent to conNruc• "
don, the clearance or ,pads It chsngad In such way is to "fait, slaatiort of the underground hcilltla, this cat of loch sloeadoe,..
shall hs borne by Crantor or subsequent ownar. ;?
All riff Irlcd equipment IMtalltd tr Grantee Is and upon the herein described easement tilA roman thr personal prape
of the Grantee .nd shall nor be deemed s put of the realty,
(Annoy shall have the right to trim and crux traa, foliage, and roots upon and from within the above dtsaibad tiaerntet {:::'
and right of way whenever In Geantee's judyntm the same shall bu necessary (of the convailtnt and safe tarrclse of the tght
heein panted.
A-Ff97rA 2/A /77 _
L
CVD AT 3/31/2008 12:47:41 PM [US Mountain Standard Time]" SVR:ROSWELLX1(22"
03/31//2008 13:07 FAX
6PYP%Aof 2
Cdantpl eh.il m.t y:.,t "t JrJ.t4te any 0thrl •=.g.enn on, nnjel, tr ut.t th.r .I.nr tltnribtJ rt44 t slid ng1.t o(►vy
wethutI first atrutioX t:.antcr's written appto•J, tilt e:� hs to tranifrr and asugn this "vatnt and light of ray in wkolt min
put b .ring sirleby pant: J It. the GI An,ft.
Goa it at J,.ts helehy IVant 4nJ rnnrel t.. C14nrit the. ratltoi.e rlghl to we Slid otaupy „%r ucot he s, taut ill, ri.tn, pull
bosh• andlu, trann'urn,tr It,muln••,m ,se11411" by 4g4lntf as nsay bt mine p:eeilululy ate 1011h in the detllisd d11u JNtinn
vndclgttslu•d 4glrat.ei Itrrcinbtkut tsr hel-ft.ftrr farttdeol berwttts Claolur snJ Gunter .41.41tn4 Irlt trd peopuly hfrein
daeribtJ,
(:trnttt shall h..t tht tto's dYrinX f uMllutlion a(/:Nlltff'a initial (4tdion. tr sst la thr purposts ttleidenfal to s.,d ton.
wwlion 4 urip of lan.l ... 10 left in wlJah Adja.rat .n.t eoRnguuut to the It rm gtantt.l ra.emr•se and right of wly, said
trop to be in rr1,: t Lit to pan on fohrt ,Jr n(ytJ a..et tcm alJ ..yhl of way, wIl ts6llt to List trJ strip o(IanJ easing a_d btk,g
tetrtiaatrJ dt such time as suJ uuslal tunriuteion it tos•:pltlrJ.
The Ittttrs, e,rrn4nt6 sold ci-Jstlnns 4 thst rocrneof drool tight u( way sh.0 be binolsng Lipun 44J imut to the bentliit of any
Wis. catcotors, ademistamrt. pnmstttcs. Lignites. aXentt, ar uugns 411 Gfanlw and the sustetsun 4nJ assigna ul the Gea.vice.
The trrin "Cuntot" shall nwlu.lt lht plurd it .pplicablt All tamsth uleJ in e regular of to Ihr nfutel gen;ltt dtAl apply
to the 14r14101 the unp,las 10 ncutff P, rules as the .,toast ht.tit tryuifes.
IN Willi/ tS WIIF P FIIF. the Otanwt hu raetuttol thnr p-ortents this . ••_„ '/..Jay of „. ...... .. .. _.... 19_„'•
t
0-MILEY JOK Tit OITA
COVNTV Of PGpt ti.i ) sa
This iltslrunstnt cru a4111owledled Wort n•, the wadtli'Vtol r.61487 pablit, by !, ��•w� ,,••• •,,�
STMI-Ty JGH TRAOITA _
on 44,.. __r —day of —
my Con►eisiloe eapltaat P 01 c '
•T
WN(j�yj
wu56 fA;ac`714
t«tu a.w • s . ilia � ?
12:47:41 PM ]US Mountain Standard Time]" SVR:ROSYYELLX1f22 a DNIS:6354' CSID: a DURATION_(rnm-ss :13-28j���
3/27/2008
03/31l2008 13:08 FAX
U007/014
ti
WOO
A 0 V ;too* 7-joE CC //fl '10* 'C" 27, 71 e.
li i--" k'-4-f4f "MW4 L',l.'l.VrY, 4R1Z4Z',4
-V40 40 /A: eir PIMA
cVe, )A4 ,.V,&.:i0& ,,?.V W7 Ay4jC,
V-(5 7 -17 AA44: /46Z
.144.1 .), /W,;-c 7014 f' 4N�Plk :FA;4 Ai 0C4111F
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. It
,fir
�IF /1 11 4C S!Aofr
J. A_4�:1941 r%C4D C'wXeA- VC.
TAX
TUCSON GAS & ELECTRIC Co.
TUCSM, ARIIONA t
hAm -
AUTK DnSkL eCSC'_0AT GAK
W. 0. c I — ;.# 9 -OAT -&j L14 SUK—DitTE
SCALV�E. - ;J'A [Na. supv. TI
TITLE
S'&WT A; 60 W. ""E*
LTZR/34f-70 4 1 BnYAPS FAU7L 5 177 FO -ST0093 W93 2
PAGE 7114 * RCVDAT 31311200812:47:41 PM [US Mountain Standard Time]* SVR:ROSWELLXI/22* DNIS:63541 CSID: *DURATION (mm-ss):13.28
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_ �a192z
.Sl"ATE iIf A;c 10NA I I F.v, br certif' h' �, '••• ..
sr. u,n•umene ed of It
Ct)11NTY O'' YtMA 1 in Y,maC r; r!l Is
Witness my hand and Official Seal IDS. r' ^� , Za't Itatr (ti)1� 2 �� i " t -� t : , I •,�
n rder •^N >,nt of
InJeuJ rYagrd Uloued� � « o.. ` "i � •... ,. ;,::ffsii7
By
Deputy Frr'3 f.
RIGHT (IF WAY EASEMENT
S':nPiii•Y JON TFAC:r_'A. m r-arriecl .,tn, its his vole ttn:i-P.puate property
heremafrrr calie,l "Grantor." Las good
u:d ralnabit ,onridrration, the rf'pl of whuh is hereby acknowledged, herety giants and conveys unto rt!CtiSJN
'1'1c,TRIC COMPANY, an Atieona corporation. its successor& and assigns, hrreiatftrr a allro "4rantve," an escrnr,nt and light
o, way to cnn&rnul, operete, and mainta,n uadergyound eleunc lines and appurtenant L,nlities fur the trenimiwon a-nJ duntb,r
tie.,. of tiectnrity upon, th;ough, u.rr, under, and strum the lands and any and all parcels and punion& thrnnf hereina(?er
daubed
(S i land, in t.hv h t►id racrmcnt and n,&tg of way .s Sereby gianit,i sir uwrtrJ by Grantor in fee nrnple, act situated in the
County ,(Puns, State of Arizona, and are partieutarly dr&cnbed as fvllrws, to wir.
Ad-1 bittt ton of that corset-. real rlperty in the :;il; of Section 27, vurnehip L1
&^,
South, iian, e 13 E-st, GRiidl4, ?`_r.i ':a+•ty. 1xizonn, as described in the Ofrict`. of
the Pirio County liccorder, Arizona, in Cook ;Z)B lit pr.,:tt fr;; MXCE17 tl,<:c
portion ,lcucrtbc:i In Book :' : a: page 6;o thereof, thn: fire within that certoin
20-fool: •,irle rtrip of land lying 10 feet on crtch fade on the foLlovinr,; drseritcd
centerl.i.ra:
Comi,eneing, at the northenst cor-ier of the SSI of •aid Section 27;
thcncn 3 OOo Ole 00" r mione, the, esst 11.ne of r,:ad Section, a dic'-w-v oC 5,,..,C,1+
feet •,a a mint:
thi,rno N 7',1 36' 33" W, it dir,tsa.rc 0f 11ir3.tilt 1'cet to n point;
thenco s 571 W' W, a dlrt=.0 of jh;L.O.(Y) feet to h point;
thence N '10" 0::1 11," W, 's dirtnr:ce of 4`,`':.00 rvet to a point;
'hence 11 1cf 57' 36" E. n dira_ar:cc oC 410.73 feet to the TRUE iUM OF B 2:W111J,
hence N O0t1 .101 24" W. a (1i-trtr.-e of l>7. =k feet to no Point;
t'u•^:o it 40c 54' 0't" 6' a 11-tance of :Cb.l7 feet to the paint of tercinat:on;
aal(i point helot 11 ).") ' 71 3(j" 3, wicl ^l&j.,l f^et tram tbo point of teginninp:.
Cuntte &hall have the nght to tica..te for, plus, lay, ctrisimiI. optwit, use, masntaln, rests. t*pl✓t, lcconlnutt, ealargt.. .
alter, imp,ovt, add to. relocato. andfor, rco,ove at aay first and froo. time to time, undrriyeound th:ettic ,.uluifs thrtfin consisting
of .onJutta. m.•nl.olu, hsndlolti, pullboa 111. grad jWKtioa boas with Vista and tablet plated thrift". Ind r love ground off%:-:,a?ra
con ubring of transformer Fare transformers, arrvict podcatela, eiatt polar wrh?,Nulled overhead condo• oral ►ad apputteua va-
necenary for the operation of laid undrrgoaad facilities end all mieeallantou► equipment slid mates. on„toted therewith.
Grantee &bell hay, the eight of inSrnl to ad rprass Gom acid tutmfnt by a i nctical rout* or roasts in, upon. Aver, and acrou the
hareinbffora described lands or any pa:cioa or pocaors thereof. •elether with the right to clear and ►rep clear said raacrricnt and
Thi of v.ey, from eapl•,ai.et, reasart Ale. bua•fiep or others truct%:rta, unplrmet. is, or ob trutticna, without lasinna the gfatrality
he Pot^ing•
Gums shall not dig or ink any west, plaat arty toe• erect, place, of construct any pipeline, ireigatinn diuh, lake, pond,
building, wall, (tact or inher stnlctufe, not imapouad of state lluidt Indict malmals III hi the boundarin of the above des•ribvd•'
fstement and it ht of way,
Gra Awl s�a11 ring increase or tlftlease the Voti ad surface elevatlolra within the beua4rifa of the above deKnbed easements `
and right of WAY tlildhg a& tilt dttt of fircutloa of this IUtrument• nor shaft the said poanel surface be pptfMtrattd to a drrth
in t stets of 13 inches by any tool or ifnpleraeae, without the pre+.aus Written consent of the C,saltir. if wbwqueal 10 foaltfVc-
lion, the cltarante or Fear Is chsngtd in fuck way st to require relocedon of ihoundergevund Cw1brios, ilia e;a1 of luck raocation
Aidl be born$ by Grantor or subsaqutn.t orate.
All electrical equipment insealitJ:'by Grawsre is cad upon the bereia deracribed ourrovent shall fe"loin the personal Property
of the Grantee and shall not bj deemed'" part oaf &he realty.
Gts tree 11,411 have the rigs I to 04% tad cut tit", fol•.agt, and root upon and trots within the, oban deacribtd tasm.ent
and fight of -NY Wbanrvvr in Granites }u*lVo rat the wat shall be nrtrssuy (a ht a snvfnien& tad &ale eaereiae of the right
heroin grmted.
A-W798 11/1/77
-t-
.•V0 aft'; 23
v.iid
�r�sra..aaoass • �r�l
* RCVD AT 3/3112008 12:47:41 PM [US Mountain Standard Time] * SVR:ROSWELLX1122 * DNIS:6354 * CSID: * DURATION (mm
U
8 ��"'t•.
+tee/
�
v
clo ll u u
03/31/,2008 13:11 FAX
0 010/014
Clswor &batl not yant or J(Juete any Other eaumta, on. un:u, or ottr the a!•c,t Jratnbed esttment .nd ct,ht . f ..1
w,lkmlt rust securing Glantre's Millen appvJ.al, Ike light 10 tr.ntfer .nJ asOan lh,s cwrn.nt and rlyht of wag to whotr w to
part ,tins hereby panted to the Grantee.
Grantor does hereby Vaal sad con-ey to Grantee tht easluliee 1101 IV Aw and wcupy am uen::.ra, ,ondult. reseal, pu;:
bores, and/or 1.anlfarrnel eau ndatGms installed by rr.ntr+ .. e,ay be mat pal l icularly tee forth In the Pitctrual Olst,lbunr.n
wltibeil. site►menr hnnnbefat or Aa/tinaL
dtseobed, farca.rtJ belwttn Grantor sad Gimlet to•eting the real properq herein
t:taMrt than ha•f IA/ r•ghl doting eanstr,KrW.s of clantrel larlJ fat Jlhfl, IP Ole foe the purpules widental 10 said call'
alructian. a strip of land.-. . --feet In width adjacter and 41111I.Pow to the heann paned tuasntnt ✓.J tight of wly, said
Trip to W in whole or In part on either side of laid easce,ent and abet of way, said tthkt to utr &aiJ strip of Gad etasin; and beiph
termiasted al such nine as said initial construction u compirttd.
The terms, e0aea:011e and coadltiots, of thi& taaarrtnt sad tight of way thal !t binding Opole sad inwe to the btntfit of any
kciee, CAMton. 441111,44311119091, ptrmicttM licensers. Spbta, ur "line t,f Glantoc and the lucct►aota Sad suil.ns of lAe Cowell.
The trim "Grantor" shall Ifteltadr the phial if spptkable. Ali term. used In the alap4t tic is lha jw trr pndtr &kill apply
to the plural or the tinpdar or nauser pndar as the coaller hertin rtquirle.
Jt!
IN iNITt+ZSS Wt{(RLOp, the Glamor Age eafeuled Ihtat prtsen.a skis.. /9 _.Jay
L"rA IZ, •tt { IC.�j4t.1
STATV.. Of 1
cl."ITY of ° •
1
Thor. /.2!rumenl was wissowle 1pd rJ<fIr► swa, the uadersip.td rsataly pvl,P,, by,_.. �„�,,_ _ • ,, T_� aa.,
(J ;
^r COIIl101aHOa fit pit": /� NOtary / F r , IT�"^rr.l. •.
ir
iyµ, .
�:� . •.. 56E�1,tta2�
PAGE 10114. RCVD AT 3131/2008 12:47:41 PM [US Mountain Standard Time] • SVR:ROSWELLX1122 • DNIS:0354�• CSID: • DURATION (mm ss):13.2
03/3�J2008 13:11 FAX
CM 011/014
STATE OF Afit7.O 1 �Z3Aar bl rer fy'hot the within Nn. 13.8765
lnttrbp, r-t xar 8l d for reror-1 '
COLINTY Or Pl.%l in port+!, clrt%. tiUte of Arleunr,
t ¢fii.'li 4 , IRA S:Ar SMYTil
-14 (Y Cox,t3' Ilrr:r;urr Itaguc or . ......... ......... ......... ... .. j r�
kkS Tffl,h (t� AP,!LUn,,
r.rl.'iL2.c1.7s}r' ........ !r ."� .�L
i'Uk :..,'.1Lk C,.`'1I':.kAllDti, ;t:'1 c:f liich is
:...'vrsigrc•J F:crrt+; ., :r,, as t:....•.t;., .`or .''i'tr«, :grr-,;, u:il:;y 1.::ri'.u•cti r,nd � �--•
1:0i6:,y fn, ::ir::aft Ir, c•,i•r ::r :,•:n :!'.c r:,llu.:in( icr;,;1e',l11;,:.'c1: tluu
cornar of Sectic-n
11 So:i:h, F:,n a 1-3 r.ist of the 6V ..'V, Pir.4i 1
County, Arizona, tht•::ce S 00o (11' 00" Kest irlonr, tl:o
rant lira• thereof, :,V .4.07 Feet tc the TWE. PO1sT OF
i'i,cr:ct ce+rtinui::p• ';,,:!: t,::' r'1 Cii" 1,.r:, 'C+..•S fi,t: 0
LNO
rltr,cc rah %o :S' .i.i 1,v•t ::l,.c ft,'t, C) �� 1
7 (, f, , t to t!:e U u u 1r:UE 1'Oi,:i GFr!'i:.11..1'..r. (JIJIJ)
Sand oar61.tra 0a.11 iv for t F v 1,'nv.,It aC,l ua:t);r c,f itll th,' osnrrs
of that ploccl of tcitl pre+lcrty !cr'cribt•d pK Svctlot 27, :,tiJ the !total: il!llf
of Section 22, 'romnship 11 .,uth, Fa:gr 13 East of the C&SP14m, Pirm c'ouaty,
Arizona, :and their hci rs anJ
IS KI'rtilss MILRYOF we hive hcirunto s^i otir hantis this 2MI'llay
1977.
,,4.RSZON�) ��+.. - C i
t4DFl•,'IMA e ) se . L1. i t .� `_ 1-7k }�
bHVrltytS,,pAd sworn iq �/ 17:��' tilrrtt N n.xcott
�sencQ�this LYE, day s
(5' e ,1977, by ..,,._.a;_t �`• t L. t.• t. t.-.{...._
GI hn.W2�:<:CGtt.
,;-HXjC00At,qsT0A Expires:
;*7E oYARIZOylue. A)as.
t �, ry ot, Pima' )
(
9ubsoribod and sworn to
In saki pr "nop dim 20th duy
'o9 .0ctoliu4t,,'1'il , by Joffruy It. Kennedy
' r;dpd noba4 1. �iyMnody
59 � Riau 0551
r atti a tfr'
Fair:+4
=rt,.
PAGE 11114 " RCVD AT 313112008 12:47:41 PM [US Mountain Standard Time]* SVR:ROSWELLX1122 " DNIS:t1354 " CSID: " DURATION (mm-ss):13-28
034/.2008 13:12 FAX
IM 012/014
PAGE 12114 " RCVD AT 3/31/2008 12:47:41 PM (US Mountain Standard Time)" SVR:ROSWELLX1122' DNIS:8354" CSID: *DURATION (mm-ss):13-28
03/31./2008 13:15 FAX
014/014
S1•A1•I: Or AI;P/.')NA y I htrr!y rtrtify dut Q„ airhin N,,.•.__._.._._.;,�?� � � �i_ -
) t%. in'Cnsmltrll -A$ hlcd S
01: PIMA r os PirnJ C/,oo. nty, Su 'I" .., • lS :k... ,+r � . rn .... pAge V.......
FEJ 10 W8 -n -,5
rnn rc,% ,y hand JnJ I-J6,i.J SCA IDA i IAE _ Ih f3jist 1 tart !".hi ... . \t'
t' Coun)' t n •1 c.t of:
1 ItrcJ I'rfrut I'!upcl! Cr ;I' 4 ,T 1t'
_ _l �n'Y •�.. ^i► ri tLsY I:I... C.O...... i
Jfly. }.�i s ! te•r!
RIGHT or WAY EASEMENT - E!+?
n s.
1111S ItiDEXTI'RI!, IIIJ,k Ihk--,4 .;»,:,_slay r•f »�. C,�C..C. ., II).�lJ , by 4nd Ictwtrn
_ �u;1AI(f>:Y JOK TRtC1StA.a drarriad Irit►ft,. an hln nalg�iupcl ac0r3trld rP
pilly .o( the fir+l I•art, An.l 1't'(:SOX CAS A
F.LIiC"['RTC ( Oki PANY, an .1rix,na asrpnntilw:, party (Of rise c;•tnnd l=art;
WI.1'NI`tSIA1I 111.rt Ib. part Y—__nf the fit%t part, 6,r g,w0 m,I %Ati b:c a'.n,tidlF41ion, Ihr rc cvpt or ul,ith is hcrcby
14kn1,wlcslgr,I, IIA.tt_.. g/Jrlecd avd 4rwr OCA, and by thv%c pre+arts doC:., gran.. And runner 11111u list, UId forty of the woad
Ivry, its sAacsutts and s+signs, a rr;ht of wvy oHon r CatRLllt In. , thrrwl};hudrr , u, Il+tr, anal ,11 n,n the folhnting dtVI`1bcd lansk
for the p:rlascs of it :Iru:tirig, oreratiny;, and tnaint4inimg sat 4ltttnt Irrlln•,A+inn or dIVIII)Hlllwt line or t)sttm d:ertont -
The went 16 feet of the cant 75 feet c•f thrst certain real property
loeated in a portiori )f the cart half of Lie ::1:'; of section 2'l, Jowl::•1,ip
11 :south, Range 13 Ean:, (9X1J V,14, Pima County, Arizona. :arid property
la more particularly deacribed in book 52033 rt poF,^, 975 thercoi'.
Said scrond party is hcrcby govital the right and 1-6viltgr Ill oun, con.lnit, ofrute, and wa intain aid elf(tric line or
s}+1cnl in, or.. through, under, ntcr and atro' sAlt) real otatc wsih all I-drs, trot%artn%, ronJuil., IVJ., P,Illwsres, tr+tlrnurts,
val,lo, wires, Kull, uylvun, fixtures, anlhur, stays and Jrritrs u+cd or awful in the ronuntttion or nl%rati.41 wf raid line, 1u
input 'ic Jtlr hrnrnI of Aitcs and (vurts of any i4hcf company. And to slit all nthrt nulttrt and things coom c•t Ito( tij-0knt
in
Il,t tolslrtloiun mr olvuhon of An tle4tric liar, to twlttrult and tI141n14in tflrpltlitiv (unlit, to filter ulwws sail F4111it" 41 all
tina lr%, , tutt'ey, rnnsirtit, repair, rrplare, tolargc, nperAir, conto,l. AIM %Aw said lines, In ttrnn�e 14yctts or o�strades Ogre,
from, In Irin Ism% nr other growlhs rntcrftting nr dAngtnwrs it, the t,Ivt4oim of %4id tine, or Ise rsnl4.tt thr whole 14 any I141t
of laid 1' r the diurelin., of s4id party' of ttic wl od part. Grant -sr rt %rnvi the right ,,t odtJ%atc, site And anyll said oFtd
n( v,ty ratrlst Iaat wllhott .hc prior V'ratln approtat I•( Grantee, the (irarlror +hall 11,4 Vivo iffy Ir„"VI/Jry' or f aL.MU1Mt Iwrtlll-
ing ell � nldtrrc on list 1�n;i city which will be in totlfhtt %I.)% the National ClttlritAI Saftly C'r4lr or•Any rt+Itllwo lhrrctlf, '
ll.e'41JvI%ignfdrattnanln_%hit—fie _,111-thrownrr_ 4 the 41%"v Jtuolw.l 1411.1, and tito aid 1410h Ore (ttt' of
cnnuuhr.ulcet and 11t11% tf %!%Atuw•ter thAra lel, tr4g'i tllu,c htld by thr (ollUwrng 1.4c, Is%'
Tit f1AVE AND lY) HOLD the tittle unto IlIc %aid luny 14 the ta•:twtd fort, tin wltnwr. an.l A%%ijtnt forcrtr,
IN \Vll'hF.SS W/IIFREOF, the sail party,._._r ( the first part hA5_-htrew+nt %cl _._h44 lun.l _ and wil the '
day and Year (ir%t ANwo writcn.
STAIIIAU ON TRACIMA
STATE Of ARIZONA )
JP , 1 is, —.—
County of Pirsit )
Tltiz inslntn1r11t t at atknawlety,c.! bdote toe, the undrrstgrst.l rR,tAry pulpit, by_____
St��achta, a I.aarried nmi as hin stile Antlrtsnpnrate
_.19-77
% A�,<•
r
My Cin,uniuican czpirts:_� -/^.I' NtgAry Public
�i 4 �t
A88563`_1/10/78 �� 12-- :i.OV,
PAGE 14114. RCVD AT 313112008 12:47:41 PM [US Mountain Standard Time]' SVR:ROSWELLX1122 " DNIS:8354" CSID: " DURATION (mm•ss):13.28
- jn
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: LAM
DEPUTY RECORDER
6545 PE1
SOROV
TOWN OF ORO VALLEY
11000 N LA CANADA DR
ORO VALLEY AZ 85737
ATTN CLERK'S OFFICE
W ilcll AGtWU1UQU A%.%A 1111 LV.
Town of Oro Valley
Clerk's Office
11000 North La Canada Drive
Oro Valley, Arizona 85737
DOCKET: 12564
of PlAr PAGE: 579
NO. OF PAGES: 10
Lfi SEQi7ENCE: 20051050086
\\ 06/01/2005
AG 11:10
MAIL
AMOUNT PAID $ 10.50
PRE -ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE -ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into by and between the Town of Oro Valley, an Arizona municipal
corporation ("Town") and La Cholla Airpark, Inc., an Arizona corporation ("LCAP") as of this
7-7 day of 200�. Town and LCAP
may be referred to herein collectively as the "Parties" or individually as a "Party".
RECITALS
A. A.R.S. §9-500.05 authorizes Town to enter into a development agreement with a
landowner or other person having an interest in real property Iocated within or outside
the Town boundaries for purposes set forth in that statute, including without
limitation, to specify or otherwise relate to conditions, terms, restrictions and
requirements for annexation of property by Town and the timing of such annexation.
- — B. LCAP owns certain real property located within the residential subdivision known as
La Cholla Airpark, Pima County, Arizona ("Property"). The Property is legally
LAIdescribed on Exhibit "A" attached hereto and incorporated by this reference. The
Property consists of approximately 1,000 acres of real property that is currently built
or planned for residential development. Within the Property boundaries is a private
airpark ("LCAP Airpark") owned by LCAP for use by owners of residential lots
within the Property and their invitees. The LCAP Airpark was established by a group
of aviation enthusiasts in 1971. LCAP was incorporated in 1972 and by 1976 included
a section and one-half of land. The approximately 1,000 acres of land allowed for a 24,500-foot aircraft runway to be built with associated hangars and aircraft parking 6areas. The LCAP Airpark has attracted flying enthusiasts not only from the Tucson 4
area, but from other areas around the country. LCAP exists for the purpose of
providing aircraft runway and related support facilities, including hangars, parking and 0
fuel for the shareholders of LCAP and their invited guests. 9
C. The Property is zoned Pima County RH (rural homestead) ("RH Zone").
10 Page 1 of 10
D. Pursuant to A.R.S. §9-471(L) the Town may annex the Property into the Town
("Annexation"). (1) Town and LCAP desire to annex the Property into the Town and
upon successful annexation; (2) The Town shall adopt zoning classifications which
permit densities and uses no greater than those permitted by the county immediately
before annexation. Subsequent changes in zoning of the annexed territory shall be
made according to existing procedures established by the Town for the rezoning of
land.
E. The Town and LCAP desire to extinguish the terms of the existing Wholesale Water
Service Agreement dated February 14, 1996 as amended June 27, 1996 and supplant
that agreement with the terms of this Agreement in consideration for the Town
providing Town services to the Property under this Agreement.
F. The Town and LCAP recognize that the Town's R1-300 zoning district permits
densities and uses on the Property that are no greater than those permitted by the
county immediately before annexation.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, terns, covenants and
conditions set forth herein, the Parties hereto state, confirm and agree as follows:
1.0 Accuracy of the Recitals. The Parties hereby acknowledge and confirm the accuracy of the
foregoing Recitals, which are incorporated herein by this reference.
2.0 Effective Date and Term. This Agreement shall be effective upon adoption by Town of
Resolution No. 05-22 approving this Agreement, and the execution of this
Agreement by the Parties as provided by law ("Effective Date"). The term of this Agreement
shall commence on the Effective Date and shall terminate ninety-nine (99) years from the
Effective Date ("Base Term"), subject to automatic and successive ten (10) year renewal
periods unless either Party shall give written notice to the other Party within one hundred and
eighty (180) days before the expiration of the Base Term or any Renewal Period, as
applicable, of its election to terminate this Agreement, in which event this Agreement shall
terminate upon the expiration of the Base Term or any Renewal Period, as applicable.
3.0Annexation. Town shall follow the procedures for annexation mandated in ARS 9-471 et
seq., and LCAP shall sign a petition authorizing the Annexation and, shall use reasonable
efforts to obtain the signatures on such petition of the required number of owners of 2
residential lots within the Property, and shall deliver such petition to Town for recording in 5
the official records of Pima County, Arizona ("County Records'l, on or before the deadline 4
specified in A.R.S. §9-471.A (4). In the event either party fails to meet the terms of this
section, this Agreement shall be null and void. 00
5
4.0 Costs and Expenses. All procedural and administrative costs and expenses of Town 8
pertaining to the annexation shall be paid by Town. LCAP shall bear its own legal and
consulting costs and expenses incurred in connection with the negotiation and preparation of
this Agreement.
2
Page 2 of 10
5.0 Original Town Zoning. Pursuant to applicable law, the Town shall adopt zoning
classifications which permit densities and uses no greater than those permitted by the county
immediately before annexation. Subsequent changes in zoning of the annexed territory shall
be made according to existing procedures established by the Town for the rezoning of land.
6.0Private Ownership. The Town recognizes the unique aviation environment created by the
founders of the LCAP. The Town further recognizes that the LCAP Airpark is. entirely
privately owned including a privately owned water delivery system and private roads.
7.0 Water Service. Town and LCAP are parties to that certain Wholesale Water Service
Agreement dated as of February 14, 1996, which originally was between LCAP and Rancho
Vistoso Water Company, an Arizona corporation, as amended by that certain Amendment to
Wholesale Water Service Agreement dated as of June 27, 1996 (collectively, "Water Service
Agreement"). Town agrees to continue to supply water to LCAP according to price and terms
of service no less favorable than those applicable to any other water customer of Town who
is supplied water by Town through a six (6) inch water meter. Town acknowledges that
LCAP is part of Town's water service area and resells water to the residential lot owners
within the Property. The parties to this Agreement hereby mutually release each other from
the terms of the Water Service Agreement to be bound solely by the terms of this Agreement
8.0Public Safety. Town and LCAP shall use reasonable efforts to enhance the public safety
in connection with the LCAP Airpark and its Aircraft operations, including without
limitation coordination of emergency systems and plans in the event of fire, medical, and
other police, homeland security and safety related issues.
9.0 Municipal Access to Airpark. Although the LCAP Airpark is privately -owned and privately -
operated, LCAP shall use reasonable efforts to address access requests from governmental
authorities from time to time.
10.0 The Town will support and collaborate with LCAP for its right to continue to exist and
operate as a private Airpark.
11.0 Binding Effect and Recording. This Agreement shall run with the Property and is
binding upon and inure to the benefit of the successors, assigns, heirs and personal
representatives of LCAP and Town. Upon execution hereof,. this Agreement shall be 5
recorded in the Pima County Recorders Office. 4
12.0 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and 00
no waiver by Town or LCAP of the breach of any covenant of this Agreement shall be 5
construed as a waiver of any preceding or succeeding breach of the same or any other 8
covenant or condition of this Agreement.
13.0 Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and same
Page 3 of 10
instrument. The signature pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument so that the
signatures of all parties may be physically attached to a single document.
14.0 Notices. Any notice to be given or served (and any election to be made or delivered)
upon any party hereto in connection with this Agreement must be in writing and shall be
deemed to have been given and received (or made and delivered) three (3) days after a
certified or registered letter containing such notice (or selection), properly addressed, with
postage prepaid, is deposited in the United States mail; and if given otherwise than by
certified or registered mail, it shall be deemed to have been'given (or made) when delivered
to and received by the party to whom it is addressed. Such notice shall be given to the parties
at the following addresses:
LCAP:
La Cholla Airpark, Inc.
1777 West Cessna Way
Oro Valley, Arizona 85737
Attn: President/CEO
With Copy To: David A. McEvoy, Esq.
4560 East Camp Lowell Drive
Tucson, Arizona 85712
Town:
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
Attn: Town Manager
With Copy To: Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
Attn: Town Attorney
A party may change the address at which the party shall receive notice pursuant to this
Agreement by giving written notice of such new address in the same manner as any other notice
shall be given in accordance with this section. 2
15.0 Captions and Recitals. The article and section headings appearing in this Agreement are 4
inserted as a matter of convenience and are for reference purposes only, and in no way
control or affect the meaning or construction of any of the provisions hereof. The recitals set 0
forth at the beginning of this Agreement are hereby acknowledged and incorporated as 5
though fully set forth herein. 8
2
16.0 Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements,
4
Page 4 of 10
representations and understandings of the parties, oral or written, are hereby superseded and
merged herein.
17.0 Exhibits. The exhibits in this Agreement are fully incorporated herein as if set forth at
length in the body of this Agreement.
18.0 Governing Law. This Agreement shall be construed and interpreted under the laws of
Arizona..
19.0 No Partnership. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, create any partnership, joint venture or other arrangement between the
parties hereto.
20.0 Default. In the event of any default or other non-performance of any term or provision of
this Agreement, the non -defaulting party shall be entitled to all remedies at law or in equity,
including the right to enforce this Agreement by action for specific performance or to file an
action for damages, which rights and remedies shall be cumulative and not exclusive.
21.0 Attorney's Fees. If any party defaults hereunder, the defaulting party shall pay the other
parry's reasonable attorney's fees, expert witness fees, deposition and trial transcript costs and
costs of court or other similar costs or fees paid or incurred by the other party by reason of or
in connection with the default (whether or not legal or other proceedings are instituted). In
the event any party hereto finds it necessary to bring an action at law or other proceeding
against any other party to enforce any of the terms, covenants or conditions hereof or any
instrument executed pursuant to this Agreement or by reason of any breach hereunder, the
party prevailing in any such action or other proceeding shall be paid all costs and reasonable
attorneys fees by the other party, and in the event any judgment is secured by such prevailing
party, all such costs and attorney's fees shall be included in any such judgment, attorney's
fees to be set by the court and not by the jury.
22.0 Further Acts. Each party agrees to execute such Ruther documents, instruments and
other writing and to perform such acts as either party may reasonably request in order to fully
effectuate the purpose of this Agreement.
23.0 Construction. The terms and provisions of this Agreement represent the results of
negotiations between Town and LCAP, each of which has been represented by counsel of its
own choosing, and none of which have acted under any duress or compulsion, whether legal,
economic or otherwise. Consequently, the terms and provisions of this Agreement shall be
interpreted and construed in accordance with their usual and customary meanings, and no 5
party shall be deemed to have drafted this Agreement for purposes of construing any portion 6
of this Agreement for or against any party. 4
0
24.0 Severability. If any provision of this Agreement is declared void or unenforceable, such 5
declaration shall have no effect on those portions of the Agreement not declared void. 3
25.0 Cancellation for Conflict. This Agreement is subject to AILS. §38-511, which states in
part:
5
Page 5 of 10
"The state, its political subdivisions or any department or agency of either may, within
three years after its execution, cancel any contract, without penalty or further obligation, made
by the state, its political subdivisions, or any of the departments or agencies of either if any
person significantly involved in initiating, negotiating, securing, drafting or creating the contract
on behalf of the state, its political subdivisions or any of the departments or agencies of either is,
at any time while the contract or any extension of the contract is in effect, an employee or agent
of any other party to the contract in any capacity or a consultant to any other party of the contract
with respect to the subject matter of the contract."
26.0 Time of Essence. Time is of the essence in the performance of each and every
obligation of Town and LCAP as set forth herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year fast written above.
TOWN:
Town of Oro Valley, an Arizona municipal corporation
By: — -
Paul H. Loomis, Mayor
ATTEST: (�
By.
KathiyA. Cuvelier, Town Clerk
Date:
APPROVED AS TO FO
B:
Town forwy
Date:
LCAP:
La Cholla
By: _
Doug
Date:
Arizona corporation
6
1
2
5
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Page 6 of 10
State of Arizona )
) ss.
County of Pima )
This instrument was acknowledged before me this a -'�\&Y of 20QS, by
H. Loomis the Mayor of Town of Oro Valley, an Arizona municipal corporation.
Notary Public� � "OFFICIAL SEAL'
My Commission Expires:
\`3A la000'
State of Arizona )
) ss.
County of Pima )
This instrument was acknowledged before me this _2L day of , 200 5� by
Doug Gratzer the Pr i t/ EO of La Cholla Airpark, Inc., an Arizona corpora on.
Vary Public
My Commission Expires:
23 D
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Page 7 of 10
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EXHIBIT "A"
Legal Description and Map of Property
(Attached)
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Page 8 of 10
Legal Description
DESCRIPTION OF TERRITORY TO BE ANNEXED
TO THE TOWN OF ORO VALLEY
THE SOUTH HALF (S 1/2) OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
CONTAINING 320 ACRES, MORE OR LESS.
ALL OF SECTION 27, TOWNSHIP I SOUTH, RANGE 13 EAST, GILA AND SALT
RIVER MERIDIAN, PIMA COUNTY, ARIZONA,
CONTAINING 640 ACRES, MORE OR LESS.
THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4)
OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 28, TOWNSHIP 11
SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,
ARIZONA,
CONTAINING 10 ACRES, MORE OR LESS.
v 24WO
Prepared y ared b DAB A.
David A. Rhine, RLS
AZTEC Land Surveying, Ina
Pape I oft
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Page 9 of 10
MAP OF THE TERRITORY ;0w. pit-;fw
TOWN OF ORO VALLEY P,
34
TO BE ANNEXED TO THE
THIS A
Will
ANNEXATION AREA J-2005
�� >E
TOTAL AREA TO BE
ANNEXED = 970 ACRES,
MORE OR LESS
�N 8fl'68' Ir
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.� OFM70WIVOFC
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VALLEY
...ow S dv*44' lI
5274.72'+
• DEIVOTSS BEASIIVGS, DISTANCES AND AREA FROM
GENERAL LAND OFFICE (GLO) MAP
SURVEYORS STATEMENT
!• DAWD A RHIN& A PROFESSIOML LAND SURV MR, REGISTERED IN
24530 THE STATE OF ARIZ&A HAVE PREPARED THIS DOCUMENT FOR EXHIBIT
DAVID A. PURPOSES ONLY AND ANY NOT BE SURVEYED/STAKED ON THE GROUND.
RHINE
DA14D A. RHINE RLS124530
1
EXHOff
IDOO• 0 1000• 3000'
ANNEXED AREAS OF SECTIONS 2E,
s 27 & 28, TOWNSHIP 11 SOUTH,
LAW
e GMC � RANGE 13 PAST, PIMA
/'�®� COUNTY,
DATE.• 03/02/2005 Job NO.13505
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2 of 2
Page 10 of 10
03/31/2008 10:09 AM
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: RBJ
DEPUTY RECORDER
2234 ROOA
P0230
PIMA CO C:LERk:: OF THE BOARD
PICKUP
TUCSON AZ 85701
41410
DOCKET: 10802
PAGE: 1136
NO. OF PAGES: 2
SEQUENCE: 1998079Q439
05 /22 /98
MEMO 15:29
PICKUP
AMOUNT PAID $ O.00
Supervisors Memorandum
Subject: REQUEST TO NAME STREET OR EASEMENT C014-98-09
FOR BOARD OF SUPERVISORS MAY 12, 1998 PUBLIC HEARING
TO: HONORABLE BOARD OF SUPER2EV�ELO
�
FROM: JUDY PATRICK, DIRECTOR, USARVICES DEPARTMENT
DATE: APRIL 29, 1998
The street (or portion thereof) being presented to the Board of Supervisors for a street name is
located in a portion of Section(s)-L7_, Township 11 South, Range 13 East. (See attached map).
The street name change has been requested by property owners, because of unnamed
easement/road.
The present street has no official name and the proposed street name is Jet Fighter, and does not
conflict with an existing street name as of this date.
4 Number of parcels adjacent to this street.
0 Number of parcels affected by the street name change.
1 Property owners indicated approval of the proposed street name.
0 Property owners indicated disapproval of the proposed street name.
3 Property owners did not reply.
3 Board of Supervisors District.
The Planning staff recommendation is that the street name presented be accepted within the
limits of the above described area.
tAPR e .2 2008
Town of Oro Valley
10802 1136
Page 1 of 2
v 03/3112008 10:09 AM
Section 27
Township 11 South, Range 13 East N
-1'•'
219-23 g $
27 27 1
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27 1 hODRE ROAD 271
STREET NAME CHANGE MAP sheet 2 of 2
Request to change UNNAMED EASEMENT/ROAD To 2) JET. FIGHTER DRIVE
Comments 2)RANGE: 13100 N TO 13200 N
VVDEPARTMENT
ase Ilep(s)351 Me number C014-28-09
/T/R 27411 f M )(Sub'd aunt
k D.P. HK_ 7 p 93 8 S actlos P� P R Q V E Dutt�2
NT of PLANNING and DEVELOPMENT SERVICES
of 2
03/31/2008 10:09 AM
F. ANN RODRIGUEZ, RECORDER
RECORDED BYs LAM
DEPUTY RECORDER
6545 PE1
SOROV
TOWN OF ORO VALLEY
11000 N LA CANADA DR
ORO VALLEY AZ 85737
ATTN CLERK'S OFFICE
DOCKETS 12564
Vol —,
PAGE 589
OF PAGES: 2
p
NO.
Od
SEQUENCE: 20051050087
w
ax
06/01/2005
RES 11110
I.P.
MAIL
AMOUNT PAID $ 8.00
RESOLUTION NO. (R) 05-j2-_
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,
ARIZONA, REGARDING A PRE -ANNEXATION DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF ORO VALLEY AND LA CHOLLA AIRPARK
WHEREAS, the Arizona Revised Statutes (ARS) §9-500.5 describes procedures for development
agreements; and
WHEREAS, the Town is currently pursuing the annexation of the unincorporated property areas
known as Annexation Area "P', and
WHEREAS, the General Plan encourages the annexation of unincorporated areas surrounding the
Town to better serve the public, facilitate infrastructure expansion, and improve operational
efficiencies of municipal services; and
WHEREAS, the proposed uses on the property are in conformance with the General Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed this agreement at a public hearing
and presented their recommendations to the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro
Valley as follows:
SECTION 1. That the Pre- annexation Development Agreement between the Town and La Cholla
Airpark, attached hereto and incorporated herein by this reference is hereby approved.
SECTION 2. Subsequent to the effective date of an ordinance annexing this property into the Town,
the Town Council will bring forward a zoning ordinance as necessary to translate the County zoning
to an equivalent Oro Valley zoning district to include extension of the County Zoning Conditions. 4
SECTION 3. This Resolution will become immediately operative and in force thirty (30) days from 0
the date of its adoption in accordance with State law and the Oro Valley Town Code. 0
SECTION 4. This Resolution shall become null and void if the annexation process is not completed
within the time allowed. Any legal delay and/or challenge, however, will extend the effective date of
the Resolution the same number of days (or months) as the legal delay.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
Douorf T—A—W.Oftft=6 U
Page 1 of 2
03131/200810:09 AM
PASSED AND ADOPTED by Mayor and Town Coi
18th day of May, 2005.
linda Garj!:an/Town Attorney
EM
Z
LEGAL DESCRIPTION
To La Cholla Airpark
That portion of the parcel of land described in Docket 5194 at Page 837 of Pima County
Records being a portion of the East half of Section 23 of Township 11 South, Range 13
East of the Gila and Salt River Meridian, County of Pima, State of Arizona, described as
follows:
Commencing at the Southwest corner of said Section 27
Thence along the East line of said Section 27 to the POINT OF BEGINNING
N00001'00"W a distances of 2080.31 feet;
Thence N72038'33"W a distance of 1166.64 feet;
Thence S19057'36"W a distance of 10.00 feet;
Thence N72°38'33"W a distance of 538.56 feet;
Thence N19°57'36"E a distances of 60.00 feet;
Thence S72°38'33"E a distances of 1687.30 feet;
Thence to the POINT OF BEGINNING, S00°01'00"E a distances of 52.32 feet.
Containing 2.07 acres.
Together with and subject to all matters of record.
revised January 2008
Prepared by:
Jones & Associates, Inc.
Job # 07061
b
i
APPROVED BY. TC/PZ/GR /BOAA
DAT
P7_ P ,GJ C hill ANAGBR
l
LEGAL DESCRIPTION
Winscott keeping
That portion of the parcel of land described in Docket 5194 at Page 837 of Pima County
Records being a portion of the East half of Section 23 of Township 11 South, Range 13
East of the Gila and Salt River Meridian, County of Pima, State of Arizona, described as
follows:
Commencing at the Southeast corner of said Section 27;
Thence along the East line of said Section 27, N00001'00"W a distances of 2080.31 feet;
Thence N72038'33"W a distance of 1166.64 feet;
Thence to the POINT OF BEGINNING, S19°57'36"W a distance of 10.00 feet;
Thence continuing S19°57'36"W a distance of 520.00 feet;
Thence N70°02'24"W a distance of 538.00 feet;
Thence N19°57'36"E a distances of 500.54 feet-,
Thence to the POINT OF BEGINNING, S72°38'33"E a distances of 538.56 feet.
Together with and subject to all matters of records.
Containing 6.27 acres.
revised January 2008
Prepared by:
Jones & Associates, Inc.eALAN
1593
Job # 07061 W .
WTH
APPROVED BY: TC/PZ/DR /B:0
AT V%A
PZ F _:G MANAGER
NOTICE
OF PUBLIC HEARING
BEFORE THE
ORO VALLEY BOARD OF
ADJUSTMENT
In accordance with Sec. 21.6.1-1 of the
Oro Valley Zoning Code Revlsed and
Arizona Revlsed Statutes Sec,
9-462.06, NOTICE IS HEREBY GIVEN
that the Oro Valley Board of Adjustment
will hold a public hearing on Tuesday,
March 25, 2008 commencing at or af-
ter 3:00 p.m. The meeting will be held
at the Oro Valley Town Hell, 11000 N.
La Caflada Drive and the subject mat-
ter will be as further described below:
OV10-08-01A: Mery Glenn Wlnscott
requests approval of a revision from
the previously approved 6.34 acre lot
size reduction to 6,27 acres. a .07
acre correction. Subject: (parcel
#219-23-0670) located at 1601 W.
Beach Way. Oro Valley. AZ, 05737.
Site plans are available for review dur-
Ing normal business hours at the Oro
Valley Town Hall, Development Service
Center. Persons Interested may appear
In person, by agent or attorney, and the
petitioners must appear or be repre-
sented. Any person seeking further In-
formation on this request for a variance
may contact Patty Hayes at 229-4819
or e-mail: phayeggorovalievaz cov.
REO: Sarah More, FAICP
Planning and Zoning Director
PUBLISH: The Deity Terrgorlal
March 7, 2008
pnmaroh25Avinsoott jh
NOTICE
OF PUBLIC HEARING
BEFORE THE
ORO VALLEY BOARD OF ADJUSTMENT
In accordance with Sec. 21.6.H of the Oro Valley Zoning Code Revised and Arizona
Revised Statutes Sec. 9-462.06,
NOTICE IS HEREBY GIVEN that the Oro Valley Board of Adjustment will hold a public
hearing on Tuesday, March 25, 2008 commencing at or after 3:00 p.m. The meeting will
be held at the Oro Valley Town Hall, 11000 N. La Canada Drive and the subject matter
will be as further described below:
OV10-08-01A: Mary Glenn Winscott requests approval .of a. revision from the
previously approved 6.34 acre lot size reduction to 6.27 acres, a .07
acre correction. Subject: (parcel 4219-23-0670) located at 1601 W.
Beech Way, Oro Valley, AZ, 85737.
Site plans are available for review during normal business hours at the Oro Valley Town
Hall, Development Service Center. Persons interested may appear in person, by agent or
attorney, and the petitioners must appear or be represented. Any person seeking further
information on this request for a variance may contact Patty Hayes at 229-4819 or e-mail:
phgyes@orovalleyaz.gov.
zl_
Q: 'Sarah More, FAICP
Planning and Zoning Director
posted: 3-4-08
time: 4:00 p.m.
by: drm
MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
March 26, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
X-'V 1[4x61 4-R1* 7
ROLL CALL
PRESENT: John Hickey, Member
Colleen Kessler, Member
Andy Martin, Member
Paul Parisi, Member
Bart Schannep, Member
MINUTES - Approval of the Minutes of January 22, 2008 and February 26, 2008.
MOTION: A motion was made by Member Kessler and seconded by Member
Hickey to approve the minutes for the January 22, 2008 and February 26, 2008
meetings.
MOTION carried, 5-0.
AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY
ORDER, AS DEEMED APPROPRIATE.
PUBLIC HEARINGS:
CASE NO: OV10-08-01A, Mary Glenn Winscott, requests approval for a
revision from the previously approved 6.34 acre lot size reduction to 6.27
acres, a .07 acre correction. Subject (parcel #219-23-0670) located at
1601 W. Beech Way, Oro Valley, AZ, 85737.
Chair Schannep swore in the applicant, Mary Glenn Winscott.
It was clarified that this item was continued from the last meeting in order to
correct the size reduction of the lot.
Planning and Zoning Inspector Patty Hayes presented the Staff report. She
stated that neither opposition nor support had come forward since the last
meeting.
03/25/2008 MINUTES, BOARD OF ADJUSTMENT 2
Chair Schannep opened the public hearing at 3:00 p.m. There being no
speakers, he closed the public hearing.
MOTION: A motion was made by Member Hickey and seconded by Member
Kessler to approve OV10-08-01A a variance to revise the previously approved
6.34 acre lot size reduction to 6.27 acres, a change of .07 acres.
MOTION carried, 5-0.
CASE NO: OV10-08-02, Robert Dobbin requests a variance from the
required 20' side yard setback to 10'. Subject: (parcel #224-27-1740)
located at 10764 N. Poinsettia Drive, Oro Valley, AZ, 85737.
Tucson resident Joel Alley stated that his father, Robert Dobbin was unable to
appear before the board due to illness. Mr. Alley stated that he would testify on
his behalf.
Chair Schannep swore in Mr. Alley.
Mr. Alley stated that his parents were both disabled and the remodel of the home
was to promote their quality of life. He noted that he would attest to the special
needs of his parents while design consultant, Scott Stouffer, would answer
design questions.
Chair Schannep swore in Scott Stouffer.
Discussion noted the following:
• The addition could not be made on the west side due to the positions of the
septic tank, leach lines and a tree.
• The existing garage would become part of the home.
• A three car garage would be added to the home along with wheelchair access
to the home.
Member Martin clarified that the septic tank was on the east side of the home.
Mr. Stouffer stated that the front yard was short and would place the addition too
close to the street. He stated that the homeowners needed a flat handicap
friendly area to erect the addition. He noted that the area within the fence of the
side yard was most conducive to this project.
Discussion clarified that:
• The existing garage had two bays.
• A three car garage was necessary for handicap access as both of the
homeowners were disabled and each of them owned a car.
• The side yard wall was 5-6 feet from the property line.
• The garage would extend almost to the side wall of the fence.
03/25/2008 MINUTES, BOARD OF ADJUSTMENT 3
• Measures would betaken to ensure that the garage wall would be 10 feet
from the property line.
• The existing garage had two steep steps to enter the house.
o The required space for a ramp would allow for only one car in the
garage.
Planning and Zoning Inspector Patty Hayes presented the Staff report:
• The house was zoned as R-143 and the required side yard setback was 20
feet.
• All property owners within 300 feet of the property were notified of this
hearing by mail.
• The property was noticed online, published in the Daily Territorial and the
property had a sign posted.
• Staff had received no comments in support or opposition of this case.
• Since preparation of the report, a neighbor to the east inquired about the
case; no opinion was given.
• Existing home was built in 1981 under Pima County's CRA zoning standards.
o Those standards had a 10 foot side yard setback.
o When the property was annexed to Oro Valley the setback changed to
20 feet.
• Existing house placement and topography limits the placement of the
addition.
• Neighboring house to the north was approximately 8 feet lower than the
subject house.
Chief Civil Deputy Attorney Joe Andrews stated that the Fair Housing
Amendment Act was applicable to this case; however this board was not
responsible for ensuring its enforcement. He noted that it would be an issue for
the Town Council. He clarified that the duty of the board would not change due to
the disabilities of the applicants. He noted that it could be a consideration;
however the main focus would be to meet the established criteria to qualify for a
variance.
Chair Schannep opened the public hearing at 3:17 p.m. There being no
speakers, he closed the public hearing.
MOTION: A motion was made by Member Martin and seconded by Member
Hickey to approve OV10-08-02, request to reduce the side yard setback from 20
feet to 10 feet.
Member Martin stated that the five findings had been met satisfactorily. He stated
that, from a topographical standpoint, there was not another viable area to place
the addition. He noted that the applicant had lived there prior to annexation.
Member Hickey stated that the findings had been met and that Mr. Andrews had
defined the perspective of the board very well. He noted that due to the
03/25/2008 MINUTES, BOARD OF ADJUSTMENT 4
topography, the disability of the applicant was not an issue.
Member Parisi concurred that the findings were met without allowing for a special
circumstance. He noted that a number of other homes in that area were built
prior to annexation and had 10 foot setbacks.
Member Kessler agreed stating that if the house had been built on a flat lot the
applicant would have more room to utilize. She noted that the positioning of the
septic tank was an additional obstacle.
MOTION carried, 5-0.
ADJOURNMENT
MOTION: A motion was made by Member Hickey and seconded by Member
Martin to adjourn at 3:24 p.m.
MOTION carried, 5-0.
Prepared by:
Christina Pickering
Office Specialist
AGENDA
ORO VALLEY BOARD OF ADJUSTMENT
REGULAR SESSION
MARCH 25, 2008
Oro Valley Town Hall
Council Chambers
11,000 N. La Canada Drive
CALL TO ORDER: at or after 3:00 p.m.
ROLL CALL
MINUTES Approval of the Minutes of January 22, 2008 and February 26, 2008.
AT THE CALL OF THE CHAIR, THE AGENDA ITEMS MAY BE TAKEN IN ANY ORDER, AS DEEMED
APPROPRIATE.
PUBLIC HEARINGS:
CASE NO: OV10-08-01A, Mary Glenn Winscott, requests approval for a revision from the previously approved
6.34 acre lot size reduction to 6.27 acres, a .7 acre correction. Subject (parcel #219-23-0670) located at 1601 W.
Beech Way, Oro Valley, AZ, 85737.
CASE NO: OV10-08-02, Robert Dobbin requests a variance from the required 20' side yard setback to 10'.
Subject: (parcel #224-27-1740) located at 10764 N. Poinsettia Drive, Oro Valley, AZ, 85737.
ADJOURNMENT
A packet of agenda materials, as listed above, is available for public inspection at least 24 hours prior to the
BOA meeting in the Town Hall Administration Building, during regular business hours.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If a disabled person
planning to attend this meeting requires any special accommodations, please notify the Town Clerk at 229-
4700.
NOTICE TO SPEAKERS
Members of the public have the right to speak during any posted public hearing; however, those items not
listed as a public hearing are for consideration and action by the Board during the course of its business
meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair.
If you wish to address the Board on any item(s) on this agenda, please complete a speaker card located on
the Agenda table at the back of the room and give it to the Clerk of the Board. Please indicate on the
speaker card which. item number and topic you wish to speak on.
Please step forward to the podium when the Chair announces the item(s) on the agenda, which you are
interested in addressing.
"Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Chapter 3, Title 38, Arizona
Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council may attend the
above referenced meeting as a member of the audience only."
Posted: 3-17-08 3:00 p.m. rg
ORO VALLEY PLANNING AND ZONING DIVISION
BOARD OF ADJUSTMENT REPORT
CASE NO: OV 10-08-01A
Hearing Date: March 25, 2008
Agenda Item No.: 1
Prepared By: Patty Hayes, Zoning Inspector
REQUEST: Mary Glenn Winscott requests approval of a revision from the previously
approved 6.34 acre lot size reduction to 6.27 acres, a .07 acre correction.
Subject: (parcel #219-23-0670) located at 1601 W. Beech Way, Oro Valley, AZ,
85737.
REQUEST SPECIFICS:
On February 26, 2008, the Board of Adjustment approved a variance to reduce the size of the subject
property from 8.4 acres to 6.34 acres in an R1-300 zone. A revised survey found that to completely
eliminate the common driveway and emergency airstrip from the subject property an additional .07
of an acre is required to be removed from the subject lot. Reducing the lot by an additional .07,
(approximately 3000 square feet), of an acre would reduce the subject lot size to 6.27 acres.
SITE LOCATION:
This property is located in the La Cholla Airpark. The property can be accessed from Kingair Drive
and Moore Road.
NOTIFICATION:
All property owners within 300 feet of this property were notified of this hearing by mail. The
property is posted with a notice of hearing, posted on line at www.orovalleyaz.gov and was
advertised in the Daily Territorial. At the time of this report preparation, staff had not received any
comment in support or opposition to this case.
SUMMARY:
Finding of Facts:
• Original lot size was 8.4 acres. 6.88 acres is the minimum allowed in an R1-300 zone.
• First survey showed that 2.08 acres were used as common driveway and emergency
airstrip.
• February 26, 2008, a variance was approved to reduce the lot to 6.34 acres, .53 acres less
than 6.88 acres required by the R1-300 zoning.
• A revised survey found that an additional .07 acres is required to completely eliminate the
common driveway and emergency airstrip.
The Board of Adjustment should consider the following findings in making its decision:
A. That there are special circumstances or conditions applying to the property referred to
in the application including its size, shape, topography, location or surroundings
which do not apply to other properties in the district; and
B. That special circumstances were not created by the owner or applicant; and
C. That the authorizing of the variance is necessary for the preservation and enjoyment
of substantial property rights; and
D. That any variance granted imposes such conditions as will assure that the authorizing
of the adjustment shall not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zone in which such property
is located; and
E. That the authorizing of the variance will not be materially detrimental to persons
residing in the vicinity, to adjacent property, to the neighborhood or the public
welfare in general.
SUGGESTED MOTION:
The Board may wish to consider the following motions:
I move to [approve, approve with conditions, or deny] OV10-08-01A, a variance to revise the
previously approved 6.34 acre lot size reduction to 6.27 acres, a .07 acre correction.
ATTACHMENTS:
1. BOA application
2. Legal descriptions
3. Aerial photo
F:\OV\OV 10\2007\I0-08-0] A\REPORT.doc
,9j6ah More, FAICP
Planning and Zoning Director
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oeO,P`LEY Aq��O� TOWN OF ORO VALLEY
PLANNING & ZONING DIVISION
11,000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737
Phone: (520) 229-4800 Fax: (520) 742-1022
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BOARD OF ADJUSTMENT APPLICATION
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FOR: _Zoning Variance Note: Submittals are due by noon
_ Zoning Interpretation
_ Appeal of Administrative Decision CASE NO.: IO -OK- 0 A
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APPLICANT:
PHONE: ---2 /7 -
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ADDRESS:/-36 ?-
LOCATION FOR VARIANCE REQUEST: 16 o I u-3 , 8 e �,= A 0 a �:j 0
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PARCEL #: l q - 3 - 6L7o LEGAL DESCRIPTION:
CURRENT ZONING: 3 a APPLICABLE FEE:
ATTACHMENTS: EG/�L D pe
SIGNATURE OF APPLICANT (ALSO PRINT NAME) DATE
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