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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 PAGE 2114 * RCVD AT 3/3112008 12:47:41 PM [US Mountain Standard Time)* SVR:ROSWELLX1122 * DNIS:6354 * CSID: *DURATION (mm-ss):13-28 rim, , 03/31/2008 13:04 FAX Z 003/014 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..:• ( - PAGE 3114 * RCVD AT 3/31/2008 12:47:41 PM [US Mountain Standard Time] * SVR:ROSWELLX1122 * DNIS:6354 * CSID: * DURATION (mm-ss):13-28 N, r' .-* , 03/31/,2008 13:05 FAX CM 004/014 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 wx5245 iva545 .� i't•'I' ali� 4 I+f� Al Rom' • yI .. y J, j4 1 r PAGE 4114 " RCVD AT 3/3112008 12:47:41 PM [US Mountain Standard Time]" SVR:ROSWELLX1122" DNIS:6354 0 CSID: a DURATION (mm-ss):13.28 ,03/31/.2008 13:03 FAX Q 001/014 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 .1L . 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 ,y 03/31:2008 13:10 FAX Q 009/014 _ �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 6 4 0 0 5 8 4 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 rL Hod• Public . am Ill. 'ouuty Er. IOQ• rll �o.I�� L Ilod�a irr►�wr..N�o,n �e,w 1 2 5 6 4 0 0 5 8 5 Page 7 of 10 Ij i EXHIBIT "A" Legal Description and Map of Property (Attached) 8 1 2 i 5 6 4 i •err...;.., �....:�-. + 5 8 6 i I I 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 i 2 5 6 4 0 0 5 8 7 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 ' 1VEWLTJRFb 47,ELl1 .� OFM70WIVOFC R 'oaa.o2•+� �i Saow •so 3'S7M CVJYVRA 7E IMnSOF 77H T7WN FORO VALLEY SING CIDW JRA7E T50F7HE7VWN0F 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 Sri I �Ckd N7 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 . / 1 / 1 / I I 1 f 1 / I . / I i 1 % I / I Q / 1 f 1 � 1 / t / t i 63 / > 1 Bf I i o ACF/ 1 13200 N 2 I / 64 67 1 I / 13100 N 61 I cg 1 ! 1 i ye i 13000 N 5� 1 Y 1 1 1 I 1 I I I 1 1 1 1 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 2 I z.� 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 FDNNDED'41p BOARD OF ADJUSTMENT APPLICATION ,.. FOR: _Zoning Variance Note: Submittals are due by noon _ Zoning Interpretation _ Appeal of Administrative Decision CASE NO.: IO -OK- 0 A NATURE OF REQUEST: e w s �-_ 7a S G ca ✓r �c % / G /7 J �$ --7 14 .7 l P [_.1 I P ca 51 -S r i r> 7L / ,n 12J 5 . lt%,f - t% a r i Q e U Co ,1q L., 7- 4 ,f-,0 CSC C 7-/ a EJ 3 V/ c ram- s . 7-#{4- e a Y r c 7"e- / -e :g --I / -- GJ 7C, A e r -s v' C <' r t is Pcv Q SC- en 6 ~% Q ey'cS APPLICANT: PHONE: ---2 /7 - Z, 9/. cn n ZO / n-� s c 6 ADDRESS:/-36 ?- LOCATION FOR VARIANCE REQUEST: 16 o I u-3 , 8 e �,= A 0 a �:j 0 rG b fir 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 It) 14XI l 1"Iewh M/ems,-ah VFIT 1 I D # i'A. ' + j 1• a ��1' � ��' �i f •i