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
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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
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-,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
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LOT 2
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Exhibit B
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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
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2
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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
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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
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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"
--------------------
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IC1LE1 I• . Igo, i O
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i 8G0��4 �
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31
14
I i
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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$r.
.A z SYr [IVFA IFA191M. Tm91 aP W9 YIlE[I
PIW. SQAr1Y. MI2QIA.
OV12-03-22A SME V .49'. MUM SHEET 2 OF 4
12�IW40"S IC�09
r.EAI 9 A 9
BOOK .7 7 PAG94KO -b.
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x9395 z
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1
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C�1wOA a e1;$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
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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
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BOUNDARY ANNOTATION
No.
DIRECTTOR
DISTANCE
LI
1Xp1 16•YO�S9' E
IE'S1 SN' Y
15.D0pp
55.00
Li
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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
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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
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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.