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HomeMy WebLinkAboutOV1700695NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on: Tuesday, May 2, 2017, 6:00 PM Oro Valley Town Council Chambers 11000 N. La Canada Drive Oro Valley, Arizona The request by Oro Valley Automotive is for a Conditional Use Permit to allow auto repair in the Mercado Del Rio Commercial Center, Lot 15 located on the northwest corner of Pusch View Lane and Oracle Rd. (OV1700695) The public is encouraged to attend and will be invited to speak. Agendas for the public hearings will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Milini Simms at (520) 229-4836 or msimms(a-D-orovalleyaz.gov. G_7 Town of Oro Valley Community Development and Public Works NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on: Tuesday, May 2, 2017, 6:00 PM Oro Valley Town Council Chambers 11000 N. La Canada Drive Oro Valley, Arizona The request by Oro Valley Automotive is for a Conditional Use Permit to allow auto repair in the Mercado Del Rio Commercial Center, Lot 15 located on the northwest corner of Pusch View Lane and Oracle Rd. (OV1700695) The public is encouraged to attend and will be invited to speak. Agendas for the public hearings will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Milini Simms at (520) 229-4836 or msimms(cD-orovalleyaz.gov. POSTED: 4/14/2017 TIME: 5:00 p.m. BY: jma Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 �y. " t 12 APRIL 14, 2017 forward in your absence and may remit in an _ adjudication of dependency, termination of your parental rights or the establishment of a -_ - permanent guardianship based upon the re- ''' - Ti cord and the evidence presented to the Court, as well as an order of paternity, custody, or ' c change of custody In a consolidated family law matter and an order for child support if - q3� paternity has been established. 4. Ifyou are receiving this Notice by . r publication, you may obtain a copy of the Dependency Petition, Notice of Hearing, and Temporary Order by submitting a written request to: hansom H. Young, Office of the Attorney General, 4211 South Santa Rita - Avenuq Tucson, Arizona 85714. The assigned case manager is Cynthia Bustamante and may _sx -,i be reached by telephone at (520) 638-4766. S. Requests for reasonable accommodation for persons with disabilities must be made to the court by parties at Least three work- ing days in advance of a scheduled court proceeding and can be made by calling (520) 740-2000. DATED this _ day of Much. 2017. MARK BRNOVICH Attorney General RANSOM H. YOUNG Assistant Attorney General PUBLISH: The Daily Territorial Mac 31, Apr. 7,14. 21, 2017 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE Pretrial n(erenoeo STATE OF ARIZONA Rule M of the Arizona Attlee IN AND FOR THE COUNTY OF PIMA the Juvenile Court. In the matter of RANDLLE, ADAM D.O.B. 2. The Court has set a Pubs; 08/26/07 - on the 19th day offune, 261 Person(s) under 18 years ofage. at the Pima County Superlu No. JD197215 Ajo Way, Tucson, Arizona k DCS'S NOTICE OF HEARING ON Honorable Patricia Green hi MOTION FOR TERMINATION OF of determining whether any: PARENT -CHILD RELATIONSHIP herein is comesting the d 4 (Honorable Patricia Green) Motion. TO. Adam Jerome Randile, parent of the 3. You andyour child arc as above -named child. attorncypreaent at the head; 1. The Department of Child Safety, (DCS or -" your own attorney or, lfyou, the Department), by and through under- attorney and want to be repy signed counsel, has filed a Motion for Termi- torney, one may be appoints nation of Parent -Child Relationship under 4. You have a right to appeit, Title 8, of the Arizona Revised Statutes and proceeding; .You are sdvtael to personally appear incotu{ hearin NOTICE OF PUBLIC HEARING . " PLANNING AND ZONING COMMISSION The Panning and Zoning Commission invites the community to attend a public hearing on: Tuesday, May 2, 2017, 6:00 PM Oro Valley Town Council Chambers 11000 N. La Canada Drive Oro Valley, Arizona The request by Oro Valley Automotive is for Conditional Use Permit to allow auto repair in the Mercado Del Rio Commercial Center, Lot 15 located on the northwest corner of Pusch.View Lane and Oracle Rd. (OV1700695) The public is encouraged to attend and will be invited to speak. Agen- das for the public hearings will be made available at least 24 hours- prior to the meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Milini Simms at (520) 229-4836 or msimms@orovalleyaz.gov. NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION The Planning and Zoning Commission invites the community to attend a public hearing on: Tuesday, May 2, 2017, 6:00 PM Oro Valley Town Council Chambers 11000 N. La Canada Drive Oro Valley, Arizona Public Hearing: Zoning Code Text Amendments to Section 21.3, Sec- tion 21.5, Section 22.9 and other applicable sections of the Oro Valley Zoning Code Revised (OVZCR) to consolidate the Conceptual Design Review Board and the Planning and Zoning Commission and other amendments related to this change (OV1700509). The public is encouraged to attend and will be invited to speak. Agen- das for the public hearings will be made available at least 24 hours prior to the meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Milini Simms at (520) 229-4836 or msimms@orovalleyaz.gov. enMortermination adi4 good cause shown, may recce that you have waived yout, jq have admitted the apegatioa In addition,ifyou fail to 4 cause, the hearing miygo £d sence and may result lu temi Parental riglus based.upon it svidence presented to the 6 S. Ifyou are receiving this j4 tion. you may obtain :a;copy for Termination of Pareut-; and Notice of Heaslogby aat; written request o: RANDI B DER, Office of the y S. Santa Rita Ave; The assigned child sefetytapt° Canon. and may be reached° 520.407-2967. 6. Requests: for reasonable a6 tion for persons with di&do made to the court by parties, Sdays inadvance oft court proceeding and con be 520-72A-2000. 7.1arhavethedghttot 1 motion prior to anyheuingt be dosed to the public. `f DATED"Wth day of Mq Clerk of the Court' Pima County Suparlor Coup PUBLISM The Daily Terdtot, Mac 31. Ape 7.14, 21, 201�' NOTICE OF HEARING IN THE SUPERIOR COURT STATEOFARIZONA IN AND FOR THE COUNT In the matter of CHIpDDC,°:y ANDREW d o b. 03/INXIC- ELUAH dab. 03/18/2017 Person(s) under 18 years off. ID20170196. - DCSS NOTICE OF PUBLIC,' ING ON DEPEMENCyPE (The Honorable Jav)ei TO: Angels, Angela Nicole Lawrence; fictitious name), parents ands the above -named children. The Department of Child Sif Department), by and throuiA counsel, has filed a Aependa pursuant to Title 8, of the ,kj, Statues, and Rule 48 of the* for the Juvenile Court,* " " 1.'Dte Court has set a Puiblia on the 12th day of July, 2017;> the Pima County Superb Ct Ajo Way, Tucson, Arizona 85' Judge Javier Chon-Lopez for determining whether anypir • named herein is contesting #, the Petition. 2. You and your children arch.. err attorneypresent at the her hire your own attorneyar. ti afford an attorney and want t by an attorney, one may be the Court 3. You have a right to appear:,-' this proceeding. You are a& failure to personally appeark initial heating, pretrial confe con4rrence or dependency 4 without good cause shown. re, a finding that you have waim rights and have admitted the the Petition. In addition; if yw without good cause, the heart a�J0—AY s DED Town of Oro Valley Community Development and Public Works NOTICE OF PUBLIC MEETING Conceptual Design Review Board The Conceptual Design Review Board will hold a public meeting on Tuesday, May 9, 2017 at 6:00 p.m. Oro Valley Town Hall 11000 N. La Canada Drive Oro Valley, Arizona Conceptual Architecture for Oro Valley Automotive, a proposed auto repair service in the Mercado Del Rio Commercial Center, Lot 15, located near the northwest corner of Pusch View Lane and Oracle Road (OV1700695). The meeting will be held in the Town Council Chambers. The public is encouraged to attend and will be invited to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time and can be viewed at www.orovalleyaz.gov. For questions and additional information, please contact Milini Simms, Planner at (520) 229-4836 or msimms(cD-orovalleyaz.aov Posted: 4/21 /2017 Time: 5:00 p.m. By: jma Oro Valley, it's in our nature. 11000 N. La Canada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov I phone: (520) 229-4800 1 fax: (520) 742-1022 y -E' Ax,"`, Conditional Use Permit Planning and Zoning Commission Staff Report PROJECT: CASE NUMBER: MEETING DATE: AGENDA ITEM: STAFF CONTACT: Applicant: Request: Location: Oro Valley Automotive OV1700695 May 2, 2017 2 Milini Simms, Planner msimmsna orovalleyaz.gov (520) 229-4836 Jeremie Baird, Oro Valley Automotive Conditional Use Permit for auto repair service Mercado Del Rio Commercial Center, near the northwest corner of Pusch View Lane and Oracle Road Recommendation: Recommend conditional approval (see Attachment 1) SUMMARY: The purpose of this request is to consider a proposed Conditional Use Permit (CUP) for an auto repair service in Mercado Del Rio, Lot 15, located near the northwest comer of Pusch View Lane and Oracle Road (see Attachment 3). The proposed auto repair business is .6 acres of a larger 17.1 acre commercial area, the majority of which is currently vacant (Attachment 4). The proposed building is approximately 4,985 square feet offering eight service bays, lobby and office. Staff finds the proposal is consistent with the Mercado Del Rio Master Development Plan and Conditional Use Permit Review Criteria and recommends conditional approval BACKGROUND: Land Use Context The existing land use, general plan and zoning for the property and the surrounding area are depicted on Attachment 5. Existing Site Conditions • The property is located in the Mercado Del Rio Commercial Center (Attachment 4) OV1700695 Oro Valley Automotive CUP Page 2 of 5 Planning and Zoning Commission Staff Report • Zoning: C-2 • Lot size: 27,180 square feet (.6 acres) Approvals to Date • May 2004: Mercado Del Rio Master Development Plan/Preliminary Plat approved by Town Council • October 2004: Mercado Del Rio Final Plat approved by Town Council. DISCUSSION/ANALYSIS: The applicant proposes a 4,985 square foot auto repair service. The subject property is within the Mercado Del Rio Commercial Development which allows this use subject to obtaining a Conditional Use Permit (CUP). Conditional Use Permit The Conditional Use Permit (CUP) Review Criteria contained in Section 22.5 provides the primary guidance for evaluating conditional uses. CUP's may be granted based on consideration of the following criteria shown in italics, followed by staff commentary: That the granting of such conditional use permit will not be materially detrimental to public health, safety, or welfare. In arriving at this determination, the factors which shall be considered shall include the following: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; The proposed auto repair service does not provide services such as painting or sanding that may cause odors or dust. Nor does it provide services such as welding, which may cause smoke. All services are done In enclosed service bays, which are oriented away from adjacent developments and streets, to minimize noise and vibration. Any outdoor lighting shall meet the standards in the Zoning Code, Section 27.5. 2. Hazard to persons and property from possible explosion, contamination, tin: or flood; The proposed auto repair service does not use any chemicals that when combined, would cause a reaction, explosion, or contamination. They do not keep gasoline on the premises and routinely have oil picked up. The building will also have an adequate sprinkler system per the Town of Oro Valley Building Code. 3. Hazard occasioned by unusual volume or character of traffic. The auto repair service generally serves 2-3 customers at time and has 4 staff members. The proposed development offers parking for staff and customers as well as eight bays for service repairs. In accordance with Section 25.1, parking spaces shall not be used for servicing vehicles. OV1700695 Oro Valley Automotive CUP Planning and Zoning Commission Staff Report Page 3 of 5 The applicant is also in substantial conformance with the Mercado Del Rio Master Development Plan, which requires connectivity between lots. A condition included in Attachment 1 requires the applicant to provide and maintain joint access off of Vuelta Caminata del Rio, between the proposed development (lot 15) and the adjacent lot, south of the subject property (lot 14). For circulation and safety purposes, extending the sidewalk along the norther perimeter of the property to the western property line is also a required condition (as indicated on the site plan). 4. That the characteristics of the use proposed in such use permit are reasonably compatible with types of uses permitted In the surrounding area. Mercado Del Rio allows auto repair service on lots 11-15, with approved Conditional Use Permits (CUP). Currently, lots 11, 12 and 13 have CUP's and are auto service related. The proposed service bays are oriented away from internal street views and other auto repair services located In the center (see Attachment 6). A condition is included in Attachment 1 requiring the applicant provide a continuous row of trees along the western edge of the parking spaces, in alignment with each of the auto service bays to provide a natural screen. Visibility of the service bays from Pusch View Lane is obstructed by an existing landscape buffer between the commercial center and road. Additionally, the proposed development is not abutting Pusch View Lane nor do the service bays face it. 5. That the proposed use is consistent with the goals and policies of the general plan. The subject property is consistent with the designated General Plan Land Use, Community/Regional Commercial. This land use designation represents commercial areas located at the intersections of major roadways (arterials). The proposed development is an expansion of a locally owned business consistent with the following goals and policies: A robust local economy and Job market that provide opportunities for quality employment, build on Oro Valley's assets and encourage high -quality growth (Community Goal B) Utilize the Town's economic development programs to pursue and support uses and businesses that diversify and expand the local tax base, increase local employment and decrease the amount of tax dollars leaving the community (Policy E.2, Action 2) 6. That the hours of operation of the proposed use will not adversely impact neighboring properties. The proposed business operates during regular business hours (after sunrise and before sunset). Vehicles awaiting service are stored in the service bays during after-hours and cars are not dropped off overnight. OV1700695 Oro Valley Automotive CUP Planning and Zoning Commission Staff Report Page 4 of 5 Zoning Code Analysis Requirements for vehicle repair establishments are contained in Section 25.1. Applicable code is shown in italics, followed by staff commentary 1. Vehicle repair establishments shall be located a minimum of two -hundred fifty (250) feet from any property used or intended for residential purposes, measured from the abutting edge of the residential district or property to the nearest property or lease line of the vehicle repair use. South of the property is the closest residential area to Mercado Del Rio, Lot 15, which is over three -hundred (300) feet away and bisected by Pusch View Lane. Canyon Del Oro Wash separates the commercial center from other residential areas (see Attachment 4). 2. All repair activities must take place within an entirely enclosed structure and must not be visible from any adjacent roadway or any property used or intended for residential purposes. The applicant's proposal offers eight (8) enclosed service bays. The service bays are recessed from the main wall plane, offer roll -up doors and oriented away from internal street views, Pusch View Lane and other auto repair services located in Mercado Del Rio (see Attachment 6). 3. Vehicles awaiting service shall not be parked or stored in any vehicle PAAL or parking spaces required to meet off-street parking requirements of this code. The applicant has stated customers may drop-off vehicles for service. All vehicles will be moved into service bays by staff, as quick as possible. Vehicles will not be left in the parking area overnight. 4. No outside storage, sale, lease or rental of trailers, trucks or similar equipment The proposed auto repair service business does not store, sale, lease or rent trailers, trucks or similar equipment. Engineering The Engineering Division does not have concerns with the proposal. PUBLIC PARTICIPATION: Summary of Public Notice Notice to the public was provided consistent with Town -adopted noticing procedures, which includes the following: • Three (3) double -sided signs posted on property and along Pusche View Lane • Posting at Town Hall OV1700695 Oro Valley Automotive CUP Page 5 of 5 Planning and Zoning Commission Staff Report • All registered HOAs • Posted in newspaper Neighborhood Meeting The applicant was exempt from neighborhood meeting(s) based on the following Zoning Code criteria: • There are no residential uses or zones within six hundred (600) feet of the subject property; • The project is consistent with similarly situated property; and • . Substantially conforms to an approved tentative development plan CONCLUSIONIRECOMMENDATION: Based on the following findings: • The proposed auto repair service is compatible with the current commercial uses in the area. • The proposed use will not be materially detrimental to the public health, safety or welfare and is in conformance with the Conditional Use Permit Review Criteria. It is recommended that the Planning and Zoning Commission take the following action: Recommend approval to the Town Council of the requested Conditional Use Permit. SUGGESTED MOTIONS: I move to recommend conditional approval based on the findings that the request is in conformance with the Conditional Use Permit Review Criteria. m I move to recommend denial of the request, finding that ATTACHMENTS: 1. Conditions of Approval 2. Applicant Submittal 3. Location Map 4. Mercado Del Rio Surrounding Areas Map 5. Land Use Table 6. Conceptual Site Plan Bayer Veda, Planning Manager Conditions of Approval 1. As indicated on the site plan, a continuous row of trees shall be provided along the western edge of the parking spaces in alignment with each of the auto service bays to provide a natural screen. 2. As intended by the Mercado Del Rio Master Development Plan, joint access between lots must be maintained. The applicant must provide and maintain joint access off of Vuelta Caminata del Rio, between the proposed development (lot 15) and the adjacent lot, south of the subject property (lot 14). 3. As indicated on the site plan, the sidewalk along the northern perimeter of the property must be extended to the western property line. Oro Valley Automotive Conditions of Approval (OV 1700695) Attachment 1 Project Narration: We are seeking a Conditional use Permit for Lot 15 of Mercado del Rio. MDR's zoning is C-2. The subject property will be the new location for Oro Valley Automotive which has operated for nine years in Mercado del Rio on Lot 13 in a portion of the building owned by Brake Masters. The new facility will be 4985 SF. Oro Valley Automotive is locally owned and operated by Jeremie Baird and is opened Monday through Friday, 7:30-5:30. It has an ASE Certified Master Technician on staff and does most auto repair including but not limited to: fluid and oil changes, brakes, steering, suspensions, transmissions , ignitions, fuel and electrical systems, AC and heating systems, engine cooling, manufacturers' and recommended services, and tire rotation. Although Oro Valley Automotive will sell tires upon special request, they do not carry nor store tires at their location. Mercado del Rio has Town approved Master Development Plan, a Master Landscape Plan, an Architectural Concept Plan, and a Master Sign Criteria, therefore. Lot 15 was one of the lots identified in the CC&R's of Mercado del Rio as allowing auto use. Because the infrastructure is in place, the only site improvements needed is an electrical transmitter which the current owner of the property is providing through TEP. The use of the property is compatible with the surrounding businesses since the adjacent lots, Lots 11, 12, and 13 of Mercado del Rio, all have CUPS and are auto service related. One is owned and operated by Brakemasters and the other two are owned and operated by Caliber Collision. The most obvious justification that this business will not cause any disturbance from noise, odor, dust, etc., is that it has operated for the last nine years without any complaint from surrounding businesses or neighbors. In regard to special considerations for a CUP in the following: Damage of nuisance arising from noise, smoke, odor, dust, vibration, or illumination: When the first CUPS were secured for Mercado del Rio, Brake Masters, the car wash, and Collision 911, sound studies were conducted by Tom Spendiarian, RA of ADA Architecture Acoustics which found that the sound generated by Pusch View Lane was greater than any sound that would be generated by auto repair including a tire store. (Please see the attached study.) Oro Valley Automotive does not do painting or sanding that would cause odors or dust. They do not do welding that might cause smoke. Their operating hours are after sunrise and before sunset, so they do not use any kind of bright lighting that might cause a problem from illumination. The only lighting on the outside of the building would be those fixtures mounted on the building for safety and security. Oro Valley Automotive Applicant Submittal (OV1700695) Attachment 2 Project Narration continued: Hazards to persons and property from possible explosion, contamination, fire or flood: Oro Valley does not use chemicals that when combined could cause a reaction, explosion, or contamination. It does not keep gasoline on the premises. While it collects used oil from vehicles, it is kept in a sealed container and retrieved by a company every couple of weeks. This oil is neither volatile nor inflammatory, so fire is not a danger, and as previously mentioned, they do not use torches or do welding. The building will be sprinkled in accordance with fire and building codes. Hazards occasioned by unusual volume or character of traffic: Oro Valley Automotive does not generate an unusual amount of traffic as a traditional retail or medical use might. Repairs are conducted only in the bays and any cars kept overnight are stored in the bays for security. While customers park their own vehicles when dropping them off for repair, only the employees move them to the bays for safety purposes. Oro Valley Automotive currently has three bays and is expanding to 8 bays so there is more than ample room for repairs done daily. The number of parking spaces available are considerably more than they currently have. Mercado del Rio's CC&Rs allow for 25% cross parking to accommodate the needs of adjacent businesses for those rare times when demand might exceed availability or for the convenience of the patrons. 0ED 19�� Oro Valley Automotive Applicant Submittal (OV 1700695) Attachment 2 02/22/20 17:24 4906440801 ACOUSTICS PAGE 02 acoustical consulting services Donley Commercial Mr. Kit Donley 1980 E Palisades Road Oro Valley, AZ 85737 Dear Mr. Donley: ACS has been asked to assess the potential noise impact from the proposed Mercado Del Rio development to the surrounding community. The primary noise sources are a the car wash, tire operation, brake operation, and a lube operation.. TECHNICAL TERMS: Decibel - A unit for measuring the intensity of sound. The human hearing range is from 0 dB (the theoretical threshold of audibility) to 130 dB (the average pain threshold). (The sound pressure level in decibels is equal to 10 times the logarithm (to the base 10) of the ratio between the pressure squared divided by the reference pressure squared. The reference pressure used in acoustics is 20 microPascals.) dBA - Sound pressure level expressed in decibels, filtered or weighted at the various frequencies to approximate the response of the human ear. CHANGES IN INTENSITY LEVEL Changes in Intensity Level, dB Changes in Apparent Loudness 1 Almost imperceptible 3 Just perceptible 5 ClearIX noticeable 10 Twice (or half) as loud NOISE STANDARDS: Typical municipal ordinances set not -to -exceed limits and consider instantaneous noise levels below 50 to 55 dBA at night and 60 to 65 dBA during the day to be acceptable.' I do not believe the Mercado Del Rio project is subject to any quantifiable noise codes. P.O. Box 41182 Mom, AZ 85274 Td, 480.827.1007 Fax: 480.644.0801 02/22/2005 17:24 4806440801 ACOUSTICS PAGE 03 FINDINGS: As the City of Phoenix's noise consultant (and through various other projects), ACS has had the opportunity to measure the noise levels of numerous similar facilities, activities and uses. Based on these measurements, ACS has projected the potential typical maximum noise impact the to various receive locations: Apartments - The typical maximum noise impact to the closest apartment buildings (to the south) will be approximately 54 dBA. Ambient Noise Level - Based on the current daily traffic volumes. ACS has calculated the day/night average (Ldn) traffic noise impact to the closest apartments (using the HUD methodology) to be 67.7 Ldn. Offices OF ---400') - The typical maximum noise impact to the office buildings (to the southeast) will be approximately 48 dBA. Patio - The typical, maximum noise impact to the outdoor patio use (to the east) will be approximately 54 dBA. Ambient Noise Level - The patio is currently subject to delivery truck noise from the service drive to the west. Based on the measurements of typical delivery trucks, the patio could currently be impacted by approximately 65 dt3A. Hotel - The typical, maximum noise impact to the proposed, on -site hotel (west of the car wash) will be approximately 62 dBA. To further reduce this impact, consider an L shaped barrier wall at the exit of the car wash. (Contact ACS for more information.) COMMENTS/CONCLUSIONS: The noise impact from the Mercado Del Rio development should not exceed typical municipal, daytime noise standards. Additionally, the noise impact (although potentially audible) should not exceed the existing other noise impacts. If you have any questions or concerns, please call (480) 827-1007. Respectfully, I---- ) cp_� Tony S Acoustical Consulting Services 1_ Handbook of Environmental Acoustics, James P. Cowan. 1994. pp. 217-218. ,w Exhibit A Delivery Truck Schedule Service Drive along the east side of Mercado del Rio: Target: receives deliveries between 7AM and Noon, seven days a week. PetsMart: receives deliveries at 8 AM on Tuesdays and 4AM on Thursdays and Fridays. OfficeMax: receives deliveries on Mondays between 5AM and LOAM. Fry's Food and Drug: receives deliveries from Fry's refrigerated trucks 2PM to IOPM everyday, other vendors of Fry's deliver 4:30AM to Noon 7 days a week. In summary this service drive is active with the above major tenants along with many other smaller tenants beginning from 4:3OAM to 1 OPM seven days a week. The noise levels expected along this drive will exceed those leaving the site from the adjacent Mercado del Rio lots. 0AO Ruuolllo e all r.Eo► v lII! t Irt el.w BUILDING? wM PIR "o LOT 2 J Exhibit B N SCALES t' . So' Lot to 51momo to NA u.2eo V rn Sago no 4" "no I18[lpplC R VA u.ml s ITE 4t.ra nm a.o J• I� LVE■ ----------------------- — I — --------------------------- — -----------——————— —— -— -— — — — — —I I PUSCI � Ca LDf ,l wAWI a tt �00g mer,w no "., ill 1!i2 T IVIn i..o 1 t3 L FM YDr LAW 3 LOTSE' A DEL DOL LOTS 1 7HRll 5 ' BK 40, PD 39 � O %%rry tuc I\RlckStpWq-d8%fp lctVI O\PonVwl ttwt-logy .pen F4� \7� � EXHIBIT "B" MERCADO DEL RIO LOTS 1-17 MM*l SOJi1EAST I% of SECTCASE 4tV12-03 22 CILA ItSALT CK 2RIVER IFJIRIPIAR. PII CGLAR ME .3AREIUM DATE: 4/08/04 SHEET 7 OF 1 0.\3243\3243ex0iFune4lmplopenepao.don 08-JLIN-2004 13.17 Yellow Line=Boundary of Property oPo�P��EY _ Aq\�o29 FUNDED �g1 Oro Valley Automotive Location Map (OV 1700695) Attachment 3 Red Line=Boundary of Mercado Del Rio Commercial Center Yellow Line=Boundary of Property Oro Valley Automotive Mercado Del Rio and Surrounding Area (OV 1700695) FUNDED �g� Attachment 4 EXISTING LAND USE GENERAL PLAN ZONING SUBJECT Vacant Community/Regional Commercial District PROPERTY Commercial (C-2) NORTH Single-family Residential (111 Canyon del Oro Wash Open Space 144) SOUTH The Place at Rock Ridge Neighborhood Apartments Commercial/Office Commercial District (C-1) EAST Rooney Ranch Shopping Community/Regional Center Commercial Rooney Ranch PAD WEST Vacant (Mercado del Rio Community/Regional Commercial District shopping center) Commercial (C-2) �AL�EY AR��O �QUNDED �9�a Oro Valley Automotive Land Use Table (OV 1700695) Attachment 5 1 I REFERENCE SITE PLAN CD 2 PROPOSED SITE PLAN r _ sn-m r _ zoo• LEGAL DESCRIPTION wo.ae OF uruW w ns ADMINISTRATIVE ADDRESS: DEVELOPMENT: ��ri Ll- LOT AREA: ZONING: PROPOSED USE: JUR95DLMONALA MOMS pet. I.w. ftj. No, 1s.N `W r O 2 `O i Q W J J O cc 0 s w a 0 0 11 PC ARCHITECTS TLcsm a w 9 TEL 152D1545-7191 FAX (520)M D075 OQOJPLLEY A9i�o29 TOWN OF ORO VALLEY DEVELOPMENT & INFRASTRUCTURE SERVICES DEPARTMENT 11000 N. LA CANADA DRIVE, ORO VALLEY, AZ. 85737 PHONE: (520) 229-4800 FAX: (520) 742-1022 www.orovalleVaz.gov/dis �"UNDED A' � 1.2 GENERAL APPLICATION FORM Office OV Case #: OV J 7]M Application Type: ❑ Major General Plan Amendment ❑ Rezoning/PAD Amendment ❑ Planned Area Development Conditional Use Permit ❑ Zoning Code Amendment ❑ Conceptual Site Plan ❑ Conceptual Public Art ❑ Conceptual Architecture ❑ Final Site Plan ❑ Conceptual Landscape Plan Address: na iWC/I Subdivision / Commercial Center Name: Book / Page or Sequence Number: Legal Description: ❑ Final Plat ❑ Pre -Application d3 V ❑ Zoning Verification 2 ® 2011 ❑ Sign Criteria MAR ❑ Sign - PAD Exemption ❑ Master Sign Program BY: ....................... ❑ Communication Facility — Tier 1 and 2 Minor ❑ Communication Facility — Major ❑ Revised Development Plan ❑ Other .I/Tax Code: 24!�' Ad -2b70 %b Lot Number(s) Section/Township/Range: �1 Area of Property: Existing Land Use: "�c.- Proposed Land Use: :56 MCC/ 9�r Applicant Information: * If more than one, attach list Applicant *: Name: J*-nnie_ 7b Firm: ✓e- Address: /� Vu Ll %' _ de'10 City: OLII State: ,kL— Zip: Telephone,5;,e) - ! 7�(- 22�aax: Email: iG'l n� �G� `�C� �1 • 66ng Property Owner(s) if different from Applicant *: Name: &ro bl&iJ14AFirm: Address: 7(a5- A City: N,O24A)�6 State: ,/4�- Zip: Telephone .3 - Fax: Email: Consultant*: n-0_05 (Discipline) Name: Firm: Address: / %.37 W . �Q�/�L[ tG City: State Zip: Telephone) -90� /J�%7` Fax: Email: ��eyilevsy 0ad 6 Project Description/Narrative:Q,/ /�I'_� ,",J �st SC°— (. WAd- I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicant/owner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is al the ap icant' aster-te-coordinate with all outside agencies to secure their acceptance or clearance. Fail a to a elay issu its —See attached list of agencies. Applic is Signature Print Name Date Im ortant Note: All submittals received after 4:00 p.m. will be processed the next day ubmittals will be re'ected if: • Not folded using Pima County fold & collated; • There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer. • Re -submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of submittal. 7 Project Narration: We are seeking a Conditional use Permit for Lot 15 of Mercado del Rio. MDR's zoning is C-2. The subject property will be the new location for Oro Valley Automotive which has operated for nine years in Mercado del Rio on Lot 13 in a portion of the building owned by Brake Masters. The new facility will be 4985 SF. Oro Valley Automotive is locally owned and operated by Jeremie Baird and is opened Monday through Friday, 7:30-5:30. It has an ASE Certified Master Technician on staff and does most auto repair including but not limited to: fluid and oil changes, brakes, steering, suspensions, transmissions, ignitions, fuel and electrical systems, AC and heating systems, engine cooling, manufacturers' and recommended services, and tire rotation. Although Oro Valley Automotive will sell tires upon special request, they do not carry nor store tires at their location. Mercado del Rio has Town approved Master Development Plan, a Master Landscape Plan, an Architectural Concept Plan, and a Master Sign Criteria, therefore. Lot 15 was one of the lots identified in the CC&R's of Mercado del Rio as allowing auto use. Because the infrastructure is in place, the only site improvements needed is an electrical transmitter which the current owner of the property is providing through TEP. The use of the property is compatible with the surrounding businesses since the adjacent lots, Lots 11, 12, and 13 of Mercado del Rio, all have CUPs and are auto service related. One is owned and operated by Brakemasters and the other two are owned and operated by Caliber Collision. The most obvious justification that this business will not cause any disturbance from noise, odor, dust, etc., is that it has operated for the last nine years without any complaint from surrounding businesses or neighbors. ................... .... .XH LIOl 0 Z atlW I C>NJ 176DUq5 -A 12200 SFa 46148 sI t y � , a5343 f FA 7. 5375F FFE 51 t5 ij �{ t I � �� �I t - ''�� _ f 1�9�1 II -� I l� I � •� I� � r , ��1 I i } <c7 5f I_ 1 •1 r 6UILDWG16 1" GFA7(90 SF FFE 47 70 PA0470 13 jl I I 4� k T'T- r 6 ! 2'3E5 sf 34352 sf I I' [ �_L 1®Itlsl I ` 1 1 REFERENCE SITE PLAN ill 1" = 50•-0" S 7 000' W 142.96' , { 2 I PROPOSED SITE PLAN ill r = 20•-0" LEGAL DESCRIPTION PT S2 SEA LYG N OF LAMBERT LAND 6 SE OF CANADA, LOT #15 PARCEL#. 2242E-143A ADMINISTRATIVE ADDRESS: 615 EAST PUSCH VIEW LANE DEVELOPMENT: MERCADO DEL RIO LOT AREA: 27, 160 S.F.. 0624 ACRES ZONING: C•2 PROPOSED USE: AUTOMOBILE REPAIR JURISDICTIONAL APPROVALS MAR 2 0 2011 vc Date Issue Project No.: 2WTIS 'IN IN HERSCHMAN ARCHITECTS MEWEi RE.SUTEMIG TUCSON. AZ 85719 TEL (520) 545-7161 FAX (520) 382-0075 nwscnmaarrnnenccom or i . I &n d- 0 r LETTER OF AUTHORIZATION Oro Valley Hospitality LLC, as owner of lot 15 in Mercado del Rio, here by authorizes Jeremie Baird, Oro Valley Automotive, to apply for and process a Conditional Use Permit in the Town of Oro Valley to allow for his auto service use. Oro Valley Hospitality, L.L.C., an Arizona limited liability company: By: LF Moreno Inc. Defined Benefit Plan, Member ma Its: By: North Face Investments L.L.C., an Arizona limited liability company, Member R-A David R. Dabdoub, Manager By: The KEK Trust, Member By: \ / Its: D\41-7 DDlP)5 ImLI . MN vl[v U�i[�in ^�: RY6 p Y O�RmK. Ju Y mwa � wJY I �(�F�IIM�j� MAR 2 0 2011 p�t"1Db1n95 C O .e- a A) o N Art �0 •T I/ uc`N. ate. �N _ _ � _ _ _ _ — _ _ � _ _ — _ _•'Bs•Jrte•c _ _ _ wuc�� � .A may- :.a..l 's °i_� a �TTi''� enmrrq-p I WA, SITE m (, ¢er.rorrrm. nBe'S]•t.•[ i I-OOATp11 Y1P �j C 04➢!/0 RlC6Y11 ,wlr Y 2[DY�L 0i'uo +dun. (1�1 ��. : - .: t lY mC t t �I' �'b d nwevm v��_I rwY J582.' Y lwLe _ � IWCeA' �YRSfA� IQJ+,+OL c m,:a ,: r a.r o • m .w. a,4e m _.��.00 'mm• 'sm,v Llnw hlrznm si•s� p.m. H� tom . Ir.�w N I , /` .wn u[Ytmvv l69'K'.l'C dmPK`� rr��..r s V• sue' a ��r- llsfl rS' r rO K94 Me'14 ]YV IJI$ •' n�;mrt r NOIFS a-k' o/ eemmgr Tnre Noah esfnq CPS 100h01 y CERTIFICATION The purpose of mrs —y is 10 shor Ina'ffw a the d.;'q I HEREBY CERTFY THAT THIS MAP OF Imu r camps ,m SeA,12 SURVEY ACCURATELY REPRESENTS THE aNa to ses RESULTS OF A FIELD SURVEY MADE UNDER MY SUPERVISION AND DIRECTION. - 7� Section 11, Township 11 South, Range 13 fast Oro Volley, Pima County, Arizona �9 „We vJ CELLA BARR ie e:e:xlr Ole ", rsae ne . Y_--_ ASSOGATES rA GENERAL NOTES /� 1✓%./ I. THE aViS NEA OF MIS SUNG-1151ON I$ TA1.116 SF m'I'M' ACUS MIX CH LESS. 2. ME 104 MIEEB BY LOTS 15 16. 1. ME TEAL MILES OF WE' RELIC SiREErS IS 0.0 YILES. THE TOTAL YILES OF NEW PRIVATE SMEIS IS 0.4 YILES. •. ME NSAL AKA II aPn SPA" IS TT,100 V. M PSU""""SIR Mla i! Bill. SPA" IS 10. Al THE 101A1 AREA IN GU1NACC IA. IS 35.100 U. a. M MMnN LE SIIE IS 2T.•T9 Si' 6. THE AKAWK LOT STIE S 45.694 5F REWIPLO/4t0YE0 PMTM T. HITMM AREA! 10 ACRES IN IT.l AIMS BUILDING KIONT roll SO' MAX b' MAX WEETTY: ]CANES DEL 0p SAW 0' fSOUR11 Rtl.it SNIT 20, IN 20' YIN 6. RfFER to APPROVED MILOPSENT PLAM CVIV Y PGi PARYMG AMI LEADING SPACES IMMMAMTS 9. CYISTIMO AIO PRTOSE 70W M IS C-2 SMNERCIALI. 10. MIS PROJECT HILL BE SRYSD BY TOEI"m0 VALLEY IO. V.) YAM NILIIT Mla NAS BE AS NAY IRO All As9NED im PEAR IATER SWRY BY ME DMCTCR OF MATER RFSOIR"S. 11. WFUTINOWE .1m, IERHE 1 SUB"RITTiflI]ON OF ANY LET ill PARGEL � IPM , OF MONO rALL[Y4L[ I mit�L _IL. 12. 12. BASIS Of MAMA ME EAST LIK " SE.PON 12 ACRES, ME IMXEAST CMM, AND M EAST GWTTR MERE". PAR ICM " O O YALL[Y PISCN HIn LNIE [ Mi. RAR4 BY "TFICINCERIMO. JOB H.. OM.00. SAID "/RING KIM MOH 00'BO']9'K1T. 13. MN BASIS OF EUVA71M If PAN L POINT NSt IX CO IRETE DE" OF DUIMAAEUY FDA SAID n MIAMING PLANS. SAID ILEYAII. BEING 203.52 IUVOIS OA-I. [MAMI 2p1[I1pf YN ARAN * GAYER AS SXGEL MAIN TO Win Ai FEW DAM FM tN. AND PTNmIrl""ALOUL l Ip�BliC Nw PRIVIVATEK�"VAAIKIF� DRAINAGEF TSNTRRVCLHASS BEFORE M at". " lSSUMII'IS. 15. ME PROPERTY MR, HIS 6UC"SSm4, AS$ 01 ORA DESIWTED PROPENTY mNERS ASSOCIATION AGREES TOT 11 AEHp ALL REaiREO tAHMSCAPED AREAS MAINTAINED IN A WOME, VAR B"""ESAREPLACE EWBE"SORDR Mx wi3,IBANTAM MIRITJOM SYSIEINPPER MIN E I'. PER ER r. NIM M MN"GAR VALLEY. PADIS ANO BECAUTION DIIIII., ME Rasm[o TMIL TEE VItL Wi "REONIKO TO K "mOPEO BY M APPLICANT ONI IL M 7M NREM MS PORTION W ME RIYTMALK TAIL, m LOT 5 IS DEVELOPED. UJEYER IS FIRST. tT• Tp P TO MY A ,TPAIL ,,="NWORiWnME51 ME APPLICANT TOLTHE TOM TSUIEN o CHAIR MOTS OF MIS INPROYEIIXf. t6. AT ME TRY[ A iRNF" $I ONAL 15 1Wtw1E0 Al M MARSECTION or M PROPOSED SAME ACCESS M OESIISPw J BUSINESS OVER ASSOCIATIDS WALL INSTALL ME SIGNAL AT THEIR EIPME. PRIGA:,a ENOTNEEI OF REM- MALL SLBYIT AS-N01LT RECGw [MNIN45 A110 C(RTI(Y IBA MITIM01Ul ALL ITPRPNIIXSS, FIEMR PRIVATE m RELIC. UK BEEN MIBTRUCiEO. PLACED. INFULE. EEC. IN sWSTNOJAL COEOWAME VIM M ACCEPTED PLANS FOR IS BEVEL~. CEEIFIUTIONS. IN MITING. ARE TO BE RECEIVED BY ME T01R"Ow VALLEY A MINIYM OF ME 121 VEm5 PRIM TO ME "ESLST Pm CERTIFICATES 7OCCtCWCT ANO/OI IF THE iINAL INY[Cflm eT M DEIARREM lP RAIc ME$ NAR M R[LENE K A#UUN"S. OOP D MG10pYE PEMAIISEiO EEX MA . DECH 1. -11 RSPmES. N. CRESS ACCESS EA 003 FOR ALL LOTS UK BEEN PRONIDED As DOCO ENTID IN IN Ctw'•. 21. MATERIALS TRMIN SIGHT VISIBILITY TRIANGLES WAIL BE RACED So AS MR TO INTERFERE I-. WITH n INCHESNOUNFINISHED GGDESCSISED "OF M"ROWIAY HORIZONTAL FA".LIM IOGiFO M - PM MCKENGWEERM CaWANY FINAL PLAT FOR Iyi[]ERCADO DEL RIO LOTS 1-16 AND BLOCK "A" -------------------- d-g-g j7 y •II dap IC1LE1 I• . Igo, i O Op-------- --------A ----it"' i 8G0��4 � 1 N0NON , 10 11 -I c' L- x-- ---- - -- ---9- - ----- -------- I 1 7 1 _ a w I 6 5 1 V�EI i ; -_ r 15 1 s t2 Izo lia^1 0 "1 r I BLOCK "A" < f �� �j_ V -�� i A d o I m sv ra- 4 -.c r 31 14 I i I 1 i T 1 CANOHA DEL Dtl 1 N--' ----- LOTS 1 IHKU 0 SNOET 41 --_ - - -_ I SK 40; PO 39 I 1--------------------------I WATER ADEQUACY APPROVALS ,AMIIREFSGSAOT IIm" " ESGEo UTEp sLC%r HAS SEEN RECEIKo EAON M o1RfCim OF 1, rl �•CIWs4•P,✓ .1. OF ME TOM RUT Mla Ar rAS ar M w NAR COUNCIL OF OF THE, YNLET• XERFDY CERTIFY ME TOM BY en 141-1- D >�� HATER vale DIRECTOR BAlE ASSURANCE$ ASSIRAR"F IN IN M [GDL OF NO P iRISi TROY LITTERS 1ITL AC Y " NN SEMEET 1 DVRO'LTExi511IMLLOGGIIND MINIMUM, I"AGEBEN PL ILIRTt"/WWYFf1115[i R CIFFic,� TOEPiDAE• SAS. SEVER. EATER] IN THIS SUBDIVISION, DATE ASSURANCES IN M TOWN O�°"aN PROWt IBA ME ANGUNI "_NAVE $FEN PROIIOFD TO GIAAAKEE MF RESLEDING " MI5 WEIYIfiON n ME SAW TR PROJECT IS ABAPOONEO. k BY_� INIr 1ay.Y oC iT �laL1e.1 DATE M FINAL INSPECTION NON MAY LOT 1ITXIHVERIFIED MIS SUBDIVISION FRILL BE APPROVED UNTIL SUM,UNS NAA""FE BEM INSTALLED, PROPERTY LMAYINE To CONSM"CTION FROPFATT Lill INE.THE LOT IS COMPLETED AND RECORDING BUYS "MUCONA ,Z DOSdSa,T6 ep"O'g,CO.NtT"PiwA5 C�NTNIU DAr a:ieuyG.Fm TV,! AµM[IxREN�Dt�A- NOS�- PAGE 2GQ[A R Am HPY•n,FW OP.V •.Pmx+r /AL�.6: A}..+w�'�/�e [. AMA ppORIWET DEPLIn'M.xn KCOIwER ORD VALLEY ON M S� GAr ti T _. M. LEGEND • ly RETM TO B[ BET AFTER COAPLEION OF CONSTRUCTION PER A HIS O FOUND MONUMENT AS NOTED SUBDIVISION BOUNDARY PROPERTY LINE METENT B0.NDARY TAS SECTION MENDlE1•DICATION LOCATION MAP SECTION 12. T 11 S. R E E O 6 M. TOM] OF Goo -I. PIMA Chin. ARTIGU 1, ME UNDERSIGNED. HERESY NARAwr MAT I AN ALI AGO THE OM.T PARTY "Vigo AR1 "ONO TITLE INTEREST IN ME LAND SHOW ON MT5 FLAT ARO i MEENS To THE SUSOIIISlm BY, fAlp LNw IX ME WJHY wpm HEREON. E, BIG, EAS[TENTS NAR MIL HEE EWT-O-fAT fa 1pM USES AS wmx xEPE01 ARE XEm6Y CEDICARO E ME TOM " fVw VALLEY. MIr1R EASFIRTS E ]MOM MdOI ARE RESERKD FORME PRIVATE USE ANG CONVENIENCE BYALI OEERS OF FRfPFAIY NIMIX MIS wE1VISMi AND ARE OEOIOND AS CASEIENn To i0m OF CR0 VALLEY. PIMA IMENTY NO ALL UTIL17 COPw1E5 FORME INSTALLATION NAR AMINTEHAY" OF 1A-ERGRtTNG IF III I ITS NO RELIC SEVERS. TIRE ill ME I" OF ALL PRIVATE Mtn.GUTUOEIAIS. PRIVATE SEVERS. AND CUIEN AREAS WALL M VESTED I" AR ASSOCIAIION ot IMIrIW11 LOT BEERS A5 HAT'�wj9 BY COTEXMEAINLii��,� ORIEMOIS. AND BEANY Tim, REMIDED IX ODGET12m a FA"'ff MRGN,M & IN M OFT]" OF ML PIER CGAITY REMIO(A. ME ASSOCIATION HILL ACCEPT PFSPGEgILItt NON NNTR0.. MAIMIEMAR". Aro LIABILITY FOR M PRIVATE STRUM. GGIMA"YAYS. PRIVATE SENFM. AIO CGKIi AfEA1 NIMIX MIS 51S01YISIm. I , ME Uhmsiono, MI S"C[SSORS Alp ASFIGE. DO CINDY UK TOM O: OR) YAM. IS SS FROM ANY AND ALL RIM iSCORIS w ouAwui MATCH To EWE OFFICERS M AND ADM NEON ND MEMF F&M 51 REASON W FL INC. FLOUGE. EROSION CR DAw" CNS[D By NA1M. MEMFA SEA", FLOW OR UTITEL. IT IS FORMER ISIO6RST000 AND AMA, MAT HAM A. MMAGE WALL HOT DE ALTCU . DiEUEEO CR OUfiRICTED, WINGHT APPROYAL OF ME OM VALLEY TOM COUNCIL. LAWYERS TIRE A"NCY OF ARTIONA. AS TRUSTEE MR MAT NO. IMU-1. AS TRUSTEE ONLY AND MIT IN In CORPORATE CAPACITY. I )AIA ILSEAE PgEw( TO A,F.S. SECTION 33-104RBI. ME NAME AND ADDRESS OF ME 60.E C1001P TON"GAR MALL[ DATE BEIEFRCIARY OFTRUST M. I6a0-T. GEsaiBED AIDYE a DISCLOSED BY THE Koolos OF SAID TORT "' KRCADO DEL R,D. ILI / FUISADES 1960 EAST UMU GAR VALLEY, ARIZONA $5737 1COUNTY IASTEWTw wMAOEAEW pAIE s1AISOFM ""' ss. IL/��- L �w.l NDmn OF PI W l lOM FN01 � h'C�l Ey .--..Al nlR"T BEF"' dAIAIF bIIEWRT. 6 )YVEN. _ 11E GAMVICT L2G 1 1MMi 7LaBC.JNI7LLaEC� �n�+��)•4�/�����F PIAW INTY 2ON1 INII-ol OAn M1RSi�$ 5C�O CERTIFICATION OF SURVEY 1 HEREBY CERTIFY MAT THE BOUNDARY SUREY AS SHOW ON THIS PLAT AS PaF D UNDER MY DIRECTION AM MAT ALL EXISTING OR PROPOSED SON Y MONUMENTS AND ILARB[RS SXOM ARE GURU LY DESCRIBED, 1 FURTHER CERTIFY THAT MIS PLAT WAS PREPARED MR MY DIRECTION. OGIGLA9 6. ScMnl FA R.L.S. 17479 zz8os RT �aRCErc 3 3311 seC J .T R 1 HEREBY CERTIFY THAT THE 100 YEAR FLOOOPRONE LIMIT AND EMSION NUARD " ACRE SETBAREVIEWED AND SNOW ON MIS RAT UNDER E SUPERVISION, NONE NIIXIM PROTECT BOUNDARY) 4sr MUCE PATCH P.E. 26674 M ERCADO DEL RIO LOTS 1-16 AND BLOCK AAA LOCATED IN A PORTION ON ME SONMEAST 64 OF a ION 12, fOFNWiP 12 9JIRN• RAV" IS EAST• GILA a SALT RUY[R mio1AR. TOM OF M VALLEY, PIMA ttllln. ARIEONA. OV12-03-22A SCALE 1P.120',anvm SHEET 1 OF 4 BOOK __- PAGE -;(y' / I BY: ..................... .. lul+Klil`IIriIYGGlVW IJlA0;kTY H 6 4 y Y B v a 19 a W W "� " ° M ERCADO DEL RIO P Affi ATIM Tuns see PKT i LOTS 1-16 AND BLOCK A' IT EOMTE9 I[ APaTlfx 6 iXe i99MU31 h a 9[ n 12. rpISIgIIP 12 50"M. [M9E IS [z$r. .A z SYr [IVFA IFA191M. Tm91 aP W9 YIlE[I PIW. SQAr1Y. MI2QIA. OV12-03-22A SME V .49'. MUM SHEET 2 OF 4 12�IW40"S IC�09 r.EAI 9 A 9 BOOK .7 7 PAG94KO -b. W t dL C m x9395 z ED eall �1 S=EI 1' • 10' 1 Oa0 'A0e C�1wOA a e1;$o UNSUBDIYIDEO E� TAD40 I 1 HArIn"OVE ]li.n' I I I I I I I t I I I I I' VAn L AN, a I I I EW =[an BY 10' ELECnic ElSR I I I I THIS VLAT I I rl I 1931 e•N�0'// 10 $ 11 I I Its 46726 sP � 53832 sf I I �'I I E I 1Es ss' "e' r I I I I ra DET nTT. PD I1Ez 51606 sf I I I I I 1 I I i I I c9 8 8 I I I I I I 46148 sf T ppj�11F IIILRESS. EGESS. AD ��'`I �C-=�LE�S�__� [I!t � tail 9AP�-dUENkCiWI— l 33330 sf eT THIS RLA, �� 174.F- � mil' su. e' e9.Ae > 35445 sf l Im Up P9Rr IVATE IKIAXFASDsF . EI_%_u!i_!1L. 1�T1�T NFLSwT•I t1 ABW]s•%°R° 9sD• i —' wg�l'EJt NU a 10 +O 12 MIS RAT 27186 of C 36343 of I I I ai J En O ge_�-'= CAM ,! sen I Itl I <t I I I ` �uB4t A ' ,T' `4L'n'� by MIS RAT I= I I I I D IPRiVAnJMiREas cs V2pj `E�1' I W 1 JNILITY ESRT SY THIS RAT I S r I I I I t> «i 0 1l9 � I 1 ' I I I T iAr 4HTABLES SEE SHEET 1 1 0 1 16 I IF I I ! I I 9 55997 sf I •A I �,t E D 7�Ep CI; 1�A1G���JU'® lll'1G.IL.� I$I® 6857t sf W j > lis' ELECnID E]RI .1 j l� j ° LOTS 1-16 AND BLOCK A' $e n�l+V �+r,Tn}wTL ET]TATl� /'�� �,EIH Li44 I S I CI I I I LMIED IH A P I.. 6 THE SdHHEAST I14 a 9 1�tyL l:+l`LaAl�lscaE[1.ni I.AAVIl'!]LV l �1 ` A e. EAIEA. qU SECTIW 13. 101RLIIF IY WiIH. AAIIEE 1S EAST. 14 $ 1 13 I I OILA A SALT RIKR IERIDIAR. TDPH OF DRD PALLET. 6 I DTILITY ESYT er THIS RAT NI I I I I, PIMA �AIWIS. MIMQ. SEE SHEET 4 OV12 o3-22A aCLLE 1' • 10'. 6/IT DI SHEET S OF 4 ..._.....�4o �.4e..^nn.n.4�n�...vimo.,.�^�.. .•...,.. c:U2aN]z4NDD]. QDn 12-JAN-YOOs 11109 annit A-57 oAtap2p-3 q* 2 to.— a 0 W N MAC N R BM eRM7]���T�+���TT� /�� �,W�1�T� 1�Slr.A Gl��u IAAVll'fuY l I r,1� �• � r� �a[ �•...ati� R BOUNDARY ANNOTATION No. DIRECTTOR DISTANCE LI 1Xp1 16•YO�S9' E IE'S1 SN' Y 15.D0pp 55.00 Li PXXN il•YE'OE• E X 7.26 1 N. DGGEL��TA ARC LEXON RADI01 5•08'�!' 169:9P5u �Cq.TY 11 pill,, J:D0 DG i9'1P' yy9y9.00 I r C] 1.2I2 SfS• 55y��py95. E�6 4 Gf0 I•N9'f!' YY11pi7pip99p.1Eoo j YY5'06' +RP.9I Ie19:t0 10.21 1510.D0 .N EASEMENT ANNOTATION DISTT.. X ELI 1 In EL2 FL3 N 6gDpTRIM 5 �9.1652CC'S5• W. 5 90.00'00� N 115.�p�S No.]B N 69'pbpT99'222' v EOJ.''E6666665000000 EEL6 I ELT j EL9_ 5 77.18:55: N S 0.00;022. MY YS O9-T5 No. DELTA MC LENOTN RADIUS E2 1 65'29• 55.08 f95.80 C TT•15'S5• Y 2 ECT D•56'35 25.00 1520.00 tMERCADO DEL RI® LOTS 1-16 AND BLOCK 'A' P Ir iMF 5011NEOE p LOCH. 111 '.A 13 5ECf1D1 LT RIVER D $00TN. ROFD D ALLEY OILA a SALT RIYTA TM 0T ORO VALLEY. 0101011R• vlw DawTr• A1112pL1. OV12-07-22A auT scuE 1• • a•• LA+TroI SHEET 4 OF 4 o nnr � lownc���y ''• � 8256 .STATE Or ARIZONA =011t wit filed tfor w e No. �% (/ C �ZU" 7 Z COUNTY Or PIMA 1n Plme County, Biala of Albans Wltnea my hand and Official goal. RICHARD 1. NfNN[DY Ala :............ � .Z,3. 0J• 1 ,•.•••••• -Indexed I Paged 81otIW County Record" Request ot. pROPfRtY MANAGE''m" VM �.......... u...., r«i . . �.... .............. ft rwr ••u DECLARATION OF RESTRICTIONS AND COVENANTS RUNNING WITH THE LAND SNOW ALL HEN BY THESE PRESENTS: That Lawvera Title of Arizona. an Arizona Corporation, an Trustno _ under Trust N532R-T owners of those certain lands subject of Lambert Lane Rezoning Pima County Zoning Case Co9-71-125 LawVnrs 'title Trust NT-532R-P , as shown on Pima County Zoning Map 210 , help the following described real property, to -wit: All that portion of Lot 4 of Section 12, T12S, R13E, of the G6SRHBM, Pima County, Arizona, lying North of Lambert Lane and southerly of Canada nel Oro, EXCEPTING therefrom any portion thereof lyim, within Tangerine Road. paw luiami as First AVCaue. Du hereby certify and declare that they have established, and do hereby establish, all of the following conditions, restrictions, and covenant4 upon and subject to which said lands shall ll. used, improved, occupied. owned, sold, and conveyed, to -wit: The owners do hereby place a restriction upnn the use and occupancy of said lands requiring themselves, their successors and assigns do hereby agree to, and hereby do, hold the County of Pima County and its hoard of Supervisors, their assigns, their officers and agents harmless from and against any and all claims, demands of ary I:ind or chr.racter, in law or equity, which may arise by reason of the use by Grantee of the aforesaid highways, roads, streets, alleys, or thoroughfates, and againar flooding, flowage, erosion, sheet flow or damage caused by water and other rights of said County of Pima, and further expressly agrees to defend at Its own coat, any suit or actions brought in connection with the above use and to pay any judgments rendered against the County o_` Pima and its Board of Supervisors on any claim arising in connection with any of tl.e foregoing. The aforesaid provisions, conditions, restrictions and covenants are impressed and imposed upon ill of the property described herein, and every portion thereof as a servitude in favor of each and every portion of the property which is not in the ownership of any public body as the dominant tenants. Pagel of 3 08/0312009 6:29 AM wrl Dbuqs It is further agreed and ondarnruud that the use of the subject parcel is conditioned upon the restriction that the property will not to further subdivided Into more than ono (1) rarcaln without written approval or the Pima County Board of suparviaors. It in further understood and agreed that all drainage acrosn thin propart:y will be loft in its natural state and will not be altered, dinLurbod or obstructed without the approval of the Pima County Floodplain Board. Own,•r covenants to make uuitable arn.ngmnnni.n with Pimn Count, Wnatewater Nanegemcnt D,gpartmunt :igardinq sanitary facilition. Said provisions, cunditions, rnatrlction3, and covenants are not personal but shall run with the land and shall be binding on all persons owning or occupying any portion of I:hc above described land hrm:oforward from the date horcoE for a period of ninoty-nine years, after which these covenant: shall cease and he of no effect. IN WITNESS WHEREOF, the undersigned has executed these presents this Sth day of Deccaher , 19 C4 F, STATE 0!' ARIZONA ) sn COUNTY OF PIMA By: Eli ,a� T tle Trust, an Arizona Corporation, as Trustee under Trust 0 5328-T, and not otherwise Brenda Carrillo, Asst. Trust Officer This ins .rument was acknowledged before me this 5th day of hecenber, 19 84 , by Brenda Carrillo, A.asistant Trust Officer of Lawyers Title Ar�.ona, an Trizone Corporation, as the act of such corporation, as Trustee so AJ 4f LZ - lie KIRIC G. GANN01 CJt ly C=fl 00" b ll "IL 1%7 My Co Page 2 of 3 08/03/2009 6:29 AM THE UNDERSIGNED DOES HEREBY AGREE TO THE COVENANTS, CONDITIONS AND RESTRICTIONS AS FOLLOWS: 1. Owner covenants to submit a Development Plan for approval by all agencies prior to the issuance of any building permits. 2. Owner covenants that prior to the release of building permits, a complete hydrologic and hydraulic drainage report shall be submitted for approval by the Flood Control District. This drainage report shall comply with Flood Control ordinances, policies and design standards that are being enforced at the time of submittal. 3. Owner covenants to dedicate all rights -of -way and/or grant flowage ease- ments for drainage purposes to Pima County, as determined necessary by the Flood Control District. 4. Owner covenants that any wastewater discharged into the public Sanitary Sewerage system shall meet the requirements of Pima County Ordinance No. 1982-154 as amended by Pima County Ordinance No. 1983-5. By: awyers Title Trust, an Arizona Corporation, as Trustee under Trust 85328-T, and not otherwisu �pav r-r— �Xec.Jf'« Brenda Carrillo, Asst.xiust. Officer r 1 Re: Co9-71-125 t� Lawyers Title Trust k5328-T Lambert Lane Rezoning V.M. Page 3 of 3 0610312009 6:29 AM t F. ANN RODRIGUEZ, RECORDER E RECORDED BY: JCC A DEPUTY RECORDER S 0305 PE2 T TLATI S KIT DONLEY I 19e0 E PALISADES RD U ORO VALLEY AZ 85737 E Kit T. Donley 1980 E. Palisades Rd. Oro Valley, AZ 85737 ESi RECOHNG Na T LE11611M SM. DOCKET: 13064 PAGE: 5103 PIN 00 NO. OF PAGES, 8 � SEQUENCE: 20071030980 05/29/2007 �4 EASHNT 17:30 R�a�r MAIL AMOUNT PAID $ 13.00 DO NOT REMOVE THIS COVER SHEET. IT IS NOW PART OF THE RECORDED DOCUMENT. DOCUMENT TO BE RECORDED: Water Utility Easement MAR 2 0 1011 1 3 0 6 4 0 i 0 3 Page 1 of 8 06/25/2016 12:31 PM mm V. C)V 11 MLPL"ib� WATER UTILITY EASEMENT �k'.o0o iG( Ks'o. 1 �. 3 ("Grantor"), does hereby grant to THE TOWN OF ORO VALLEY {"Grantee"), a perpetual right-of-way for ingress, egress and a perpetual water utility easement and right-of-way for the construction, maintenance and operation of a water pipeline and appurtenances in, over, under, and across the following described premises, situated in Pima County, Arizona, shown on the attached Exhibit "A" and made a part hereof by reference. Grantee may enter upon the Property and may dig ditches and install water utility lines and may enter the Property at all reasonable times for the purpose of construction, maintenance, repair, service, replacement and removing any water utility lines and appurtenances. Following any use of the Property for the above purposes, Grantee will restore the Property to a good and clean condition, and if the property is paved, to restore the pavement to a similar condition as found before the pavement is cut. This easement is subject to the following conditions: (1) It is understood and agreed that the Grantor may use the said right-of-way and easement for any purposes not inconsistent with actual use of said right-of-way and easement for the purposes herein granted, so long as Grantee's use and access to this right-of-way and easement is not obstructed; (2) That all grants, covenants and provisions herein shall be binding on and inure to the benefits of the heirs, successors, and assigns of the parties hereto; (3) That Grantee shall hold Grantor free and harmless of any an all claims, liabilities or damages associated with Grantors' use and enjoyment of the easement and I right-of-way, including but not limited to the costs of repairing or maintaining 3 any water main located within said easement and right-of-way; 0 6 THIS EASEMENT granted this � day of , 20 MI. 4 5 i G 4 STATE OF AMONA ) Page 2 of 8 )SS 06/2512016 12:31 PM COUNTY OF ) NOTARY ACKNOWLEDGMENT TO WATER UTILL]ITY EASEMENT State of Arizona This instrum t was acknowledged before me this 7 County of Pima SS dap of by. Kit T. Donley Managing Member of Mercado Del Rio L.L.C., an Arizona limited liability company, N&1jfi1w"/ Notary Public l r My commission will expire ! ow!D OFFICIAL SEAL CATHY HANSEN NOTARY PUBLIC•ARIZOM PIMA COUNTY -My Comm. Exp. Jan. 2, 2010 Pat 6 4 0 5 1 0 5 Page 3 of 8 06/251201612:31 PM ►��A�I�11� ry baurl \►aroma �J���1i_� LEGAL DESCRIPTION A PORTION OF THE PARCEL SHOWN ON THE RECORD OF SURVEY, RECORDED IN BOOK 33 OF SURVEYS AT PAGE 86, RECORDS OF PIMA COUNTY, ARIZONA, ALSO BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, ARIZONA, DESCRIBED AS FOLLOWS; 15.00 FOOT WIDE STRIPS OF LAND, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINES; LINE i COMMENCING -AT THE SOUTHEAST CORNER OF SAID SECTION 12, AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 0050'39" WEST 996.37 FEET UPON THE EAST LINE OF SAID SECTION 12; THENCE SOUTH 90000'00" WEST 50.01 FEET TO THE POINT OF BEGINNING ON THE WEST LINE OF THE ABANDONED RIGHT OF WAY, AS SHOWN ON SAID RECORD OF SURVEY; THENCE CONTINUE SOUTH 90000'00" WEST 91.91 FEET; THENCE SOUTH 0'D00'00" EAST 23.50 FEET; THENCE NORTH 0000100" EAST 23-50 FEET; THENCE SOUTH 90°00'00" WEST 7.50 FEET; THENCE NORTH 0000'00" EAST 29.50 FEET; THENCE SOUTH 0000'00" WEST 29.50 FEET; THENCE SOUTH 9000900" WEST 15.36 FEET TO P0I14T "A' THENCE SOUTH 90000'00" WEST 7.75 FEET; THENCE SOUTH 77015'55" WEST 75.96 FEET; THENCE NORTH 12044'05" WEST 30.50 FEET; THENCE SOUTH 12044'05" EAST 30.50 FEET; THENCE SOUTH 77015'55" WEST 15.00 FEET; 1 THENCE SOUTH 12044'05" EAST 16.00 FEET; 3 0 THENCE NORTH 12044'05" WEST 16.00 FEET; 6 THENCE SOUTH 77015'55" WEST 120.06 FEET; THENCE NORTH 12°44'05" WEST 30.50 FEET; 0 S THENCE SOUTH 12044'05" EAST 30.50 FEET; 1 THENCE SOUTH 77*15'55" WEST 112.08 FEET TO POINT "B";; 0 6 THENCE SOUTH 77015'SS" WEST 24.07 FEET; PAGE 1 OF 5 1745 SastRivtrRoad ■Suite101 . Tucson • Arizom • 85719 + (520)795-1000 • Fax (520)322-6956 • wwwrickengiwering.corn Page 4 of 8 06/25/2016 12:31 Phl THENCE NORTH 12°44'05" WEST 30.50 FEET; THENCE SOUTH 12°44'05" EAST 30.50 FEET; THENCE SOUTH 77°15'55" WEST 27.44 FEET; THENCE NORTH 12044'05" WEST 30.50 FEET; THENCE SOUTH 12044'05" EAST 30.50 FEET; THENCE SOUTH 77015'55" WEST 39.56 FEET; THENCE SOUTH 12'44'05" EAST 15.00 FEET; THENCE NORTH 12044'05" WEST 15.00 FEET; THENCE SOUTH 77015'55" WEST 64.59 FEET; THENCE NORTH 12044'05" WEST 30.50 FEET; THENCE SOUTH 12044'05" EAST 30.50 FEET; THENCE SOUTH 77015'55" WEST 63.91 FEET TO POINT "C";; THENCE SOUTH 77015'55" WEST 77.54 FEET; THENCE SOUTH 12044'05" EAST 15.50 FEET; THENCE NORTH 12044'05" WEST 15.50 FEET; THENCE SOUTH 77015'55" WEST 52.75 FEET; THENCE NORTH 12044'05" WEST 30.50 FEET; THENCE SOUTH 12044'05" EAST 30.50 FEET; THENCE SOUTH 77015'55" WEST 144.81 FEET; THENCE NORTH 12044'05" WEST 30.50 FEET; THENCE SOUTH 12044'05" EAST 30.50 FEET; THENCE SOUTH 77015'55" WEST 39.93 FEET; THENCE NORTH 12044'05" WEST 30.50 FEET; THENCE SOUTH 12044'05" EAST 30.50 FEET; THENCE SOUTH 77015'55" WEST 26.00 FEET; THENCE SOUTH 0000'00" WEST 15.99 FEET; THENCE SOUTH 90000'00" WEST 26.50 FEET; THENCE NORTH 90°00'00" EAST 26.50 FEET; THENCE SOUTH 0000'00" EAST 94.46 FEET; THENCE SOUTH 90000'00" EAST 20.50 FEET; THENCE NORTH 90000'00" WEST 20.50 FEET; THENCE SOUTH 0000'00" WEST 29.34 FEET; THENCE SOUTH 90000'W' WEST 34.50 FEET; THENCE NORTH 90000'00" EAST 34.50 FEET; THENCE SOUTH 0000'OV' WEST 16.99 FEET; THENCE NORTH 90000'00" EAST 20.45 FEET; THENCE SOUTH 90°00'00" WEST 20.45 FEET; THENCE SOUTH 0000'00" EAST 40.66 FEET TO THE POINT OF TERMINUS ON THE SOUTHERLY LINE OF SAID PARCEL SHOWN ON SAID RECORD OF SURVEY. 1 6 4 LINE 2 5 i BEGINNING AT "POINT Av- 0 7 THENCE SOUTH 0000'00" EAST 35.98 FEET TO POINT "Q"; PAGE 2 OF 5 Page 5 of 8 06125/2016 12,31 PM THENCE CONTINUE SOUTH 0°00'00" EAST 194.38 FEET; THENCE NORTH 90°00'00" EAST 15.00 FEET; THENCE SOUTH 90000'00" WEST 15.00 FEET; THENCE SOUTH 0°00'00" EAST 28.41 FEET; THENCE NORTH 90000'00" EAST 10.00 FEET; THENCE SOUTH 90000'00" WEST 10.00 FEET; THENCE SOUTH 0000'00" EAST 15.00 FEET; THENCE SOUTH 90000'00" WEST 36.00 FEET; THENCE NORTH 90000'00" EAST 36.00 FEET; THENCE SOUTH 0000'00" EAST 62.18 FEET; THENCE NORTH 90000'00" EAST 10.00 FEET; THENCE SOUTH 90000'00" WEST 10.00 'FEET; THENCE SOUTH 0000'60" EAST 49.30 FEET TO THE POINT OF TERMINUS ON SAID SOUTHERLY LINE. LINE 3 BEGINNING AT "'POINT B"; THENCE SOUTH 12°44'05" EAST 20.00 FEET; THENCE SOUTH 0000'00" EAST 142.85 FEET; THENCE NORTH 90000'00" EAST 29.65 FEET; THENCE SOUTH 90000'00" WEST 29.65 FEET; THENCE SOUTH 0000'00" EAST 65.04 FEET THENCE NORTH 90000'00" EAST 29.65 FEET; THENCE SOUTH 90"00'00" WEST 29.65 FEET; THENCE SOUTH 000000" EAST 37.15 FEET; THENCE NORTH 90000'00" EAST 29.15 FEET; THENCE SOUTH 90000'00" WEST 29.15 FEET; THENCE SOUTH 0000'OD" EAST 53.08 FEET TO THE POINT OF TERMINUS ON SAID SOUTHERLY LINE. THE SIDELINES OF SAID STRIPS TO BE LENGTHENED OR SHORTENED TO MEET AT ANGLE POINTS AND TO TERMINATE ON SAID SOUTHERLY LINE. TOGETHER WITH 25.00 FOOT WIDE STRIPS OF LAND LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINES; 0 6 LINE 4 0 BEGINNING AT "POINT C"; i THENCE SOUTH 12044'05" EAST 15.00 FEET TO THE POINT OF TERMINUS. 0 S PAGE 3 OF 5 Page 6 of 8 06/25/2016 12:31 PM LINE BEGINNING AT "POINT D"; THENCE NORTH 90°00'00" EAST 16.00 FEET TO THE POINT OF TERMINUS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 12, AS SHOWN ON SAID RECORD OF SURVEY. SAID BEARING BEING NORTH 0"50'39" WEST. k%SRV_TUCI}projdar2p243Wegals%32431g01_waferea92_Qoc PAGE 4 OF 5 1 3 0 6 4 0 5 1 0 9 Page 7 of 8 06/25/2016 12:31 PM a ■5w:Vo ■ FAMIA IMA 00, *Ul ■c••�■ !I r ICI v.l R.' 0 1 3 0 6 4 0 5 1 1 0 PAGE 5 OF 5 27—SEP-2004 G:,s3243*l ega I a*3243LG01 _WATEREASE. DGN Page 8 of 8 06/25/2016 12:31 PM m Fidelity National Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued by Fidelity National Title Insurance Company Fidelity National Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: ` 7 Authorized Signature i4 _� SEA.L.. Rarzd� Quui+ Pr€sr�ent 9 Arrest &fiaa4 Gr ase lte.. Smeary ECE'IVE �` BY: ....................... 27C101 (6/06) ALTA Co itment - 2006 b, D (P 5 Fidelity National Title Agency, Inc. 7400 N. Oracle Rcl. Suite 155 1'ucson. AZ 85704 SCHEDULE A Title Officer: Pam Kreis Escrow Officer: Robyn Anderson 1. Effective Date: January 17, 2017 at 7:30 a.m. 2. Policy or Policies to be issued: ALTA Standard Owners Policy (6-17-06) Proposed Insured: Jeremie R. Baird and Lisa M. Baird, Husband and Wife None Proposed Insured: None Proposed Insured: Order No.: 80008994-080-RLA Reference No.: Amount of Insurance: $295,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE 4. Title to said estate or interest in said land is at the effective date hereof vested in: Oro Valley Hospitality, L.L.C. 5. The land referred to in this commitment is described as follows: See Exhibit A attached hereto and by reference made a part hereof. $0.00 $0.00 27C101 (6/06) ALTA Commitment - 2006 Page Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AA ME0.ICAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American - t„Et Land Title Association. As Order No.: 80008994-080-RLA 190a:l1:11II.1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: Lot 15, of MERCADO DEL RIO, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 59 of Maps and Plats, Page 28. APN: 224-28 267 27C101 (6/06) ALTA Commitment - 2006 Page 2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AME- ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American M. 'LL Land Title Association. M. Order No.: 80008994-080-RLA SCHEDULE B - Section I REQUIREMENTS The following are the requirements to be complied with: 1. Pay the agreed amounts for the interest in the Land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the Land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this commitment who will get an interest in the Land or who will make a loan on the Land. We may then make additional requirements or exceptions. 5. Furnish evidence that all assessments which are due the owners' association and/or master association, if any, have been paid in full and are current. Note: Notice of Association Contact Information Owners Association: Mercado Del Rio Property Owners Association Name of Agent/Management Company: Y Cross Management Group, LLC Association Address: P.O. Box 42440, Tucson, AZ 85733 Association Telephone Number: 520 219-4520 Recording Date: December 14, 2005 Recording No.: Docket 12700, Page 6220 6. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Oro Valley Hospitality, L.L.C., a limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member -managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 27C101 (6/06) ALTA Commitment - 2006 Page 3 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and A AMERICAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND MLL Land Title Association. "95OCgT1O Order No.: 80008994-080-RLA SCHEDULE B - Section I (Continued) Furnish for recordation a partial release/reconveyance of deed of trust: Amount: $5,900,000.00 Dated: October 13, 2004 Trustor/Grantor: Mercado Del Rio L.L.C., an Arizona limited liability company Trustee: Commercial Federal Bank, a federal savings bank Beneficiary: Commercial Federal Bank, a federal savings bank Recording Date: October 14, 2004 Recording No: Docket 12407, Pa e� - 5274 An agreement to modify the terms and provisions of said deed of trust as therein provided Recording Date: July 28, 2006 Recording No: Docket 12856, Page 8068 An agreement to modify the terms and provisions of said deed of trust as therein provided Recording Date: July 06, 2007 Recording No: Docket 13091, Page 4841 A substitution of trustee under said deed of trust which names, as the substituted trustee, the following Trustee: Western Regional Foreclosures, LLC, an Arizona limited liability company Recording Date: March 20, 2009 Recording No: Docket 13519, Page 362 An agreement to modify the terms and provisions of said deed of trust as therein provided Recording Date: October 20, 2009 Recording No: Docket 13667, Page 1621 An agreement to modify the terms and provisions of said deed of trust as therein provided Recording Date: July 01, 2010 Recording No: Docket 13842, Page 359 An agreement to modify the terms and provisions of said deed of trust as therein provided Recording Date: August 16, 2011 Recording No: 2011-2281096 An assignment of the beneficial interest under said deed of trust which names: Assignee: Almaviva Management Services Corporation Recording Date: April 26, 2012 Recording No: 2012-1170601 27C101 (6/06) ALTA Commitment - 2006 Page Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and � -ERICA ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American �a��,�,�� Land Title Association. io Order No.: 80008994-080-RLA SCHEDULE B - Section I (Continued) Settlement Agreements Recording Date: December 22, 2016 Recording No: 2016-3570375 and Recording No: 2016-3570377 8. Furnish for recordation a deed as set forth below - Type of deed: Warranty Deed Grantor(s): Oro Valley Hospitality, L.L.C., a limited liability company Grantee(s): Jeremie R. Baird and Lisa M. Baird, Husband and Wife Note: ARS 11:1133 may require the completion and filing of an Affidavit of Value. Tax Note: Year: 2016 Tax Parcel No: 224 28 267 Total Tax: $1,915.96 First Installment Amount: $Paid Second Installment Amount: $957.98 END OF SCHEDULE B — SECTION I 27C101 (6/06) ALTA Commitment - 2006 Page 5 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and A AMERICAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND IIILL Land Title Association. "5OC1AT1OK Order No.: 80008994-080-RLA SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions and Exclusions from coverage which will appear in the policy or policies to be issued as set forth in Attachment One attached. 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the second installment of 2016 Taxes. 2. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the year 2017. 3. Easements, covenants, conditions and restrictions as set forth on the plat recorded in: Recording No: Book 59 of Maps and Plats, Page 28 4. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No: Docket 7456, Page 720 Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No: Docket 12474, Page 318 Liens and charges as set forth in the above mentioned declaration, Payable to: Mercado Del Rio Property Owners Association Matters contained in that certain document Entitled: Resolution No.(R) 02-52 Recording Date: June 26, 2002 Recording No: Docket 11829, Page 2728 and Assignment and Assumption Agreement Recording Date: October 14, 2004 Recording No: Docket 12407, Page 5304 Reference is hereby made to said document for full particulars. 27C101 (6/06) ALTA Commitment - 2006 Page 6 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and � AMERICAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND IEEEE Land Title Association. . ry Order No.: 80008994-080-RLA SCHEDULE B - Section II (Continued) Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Water utilities Recording Date: May 29, 2007 Recording No: Docket 13064. Page 5103 8. Matters shown on record of survey: Recording No.: Book 16 of Surveys. Page 63 9. Matters shown on record of survey: Recording No.: Book 33 of Surveys, Page 86 END OF SCHEDULE B — SECTION II 27C101 (6/06) ALTA Commitment - 2006 Page 7 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and � AMERICAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND HIES Land Title Association. ASS«I"'ION Order No.: 80008994-080-RLA CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <httpJ/www. alta.org/>. 27C101 (6/06) ALTA Commitment - 2006 Paae 8 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AME- ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND LLE U5OC1"r oa Land Title Association.