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Home My WebLink AboutProperty - Rights-of-Way (2) RESOLUTION NO. (R)c)R_QR RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, APPROVING AND AUTHORIZING THE FILING OF A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINGING PERMANENT STREET RIGHT-OF-WAY AND ACCESS IN THE WILDRIDGE SUBDIVISION (A.K.A. RANCHO DE ORO) BK. 47, PG 69 M & P. WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and law of the State of Arizona and the United States; and WHEREAS, the acquisition of property is necessary to the publics health, safety and welfare in order to provide for permanent street right-of-way and access; and WHEREAS, the TOWN COUNCIL deems it necessary in the interest of providing for the health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to authorize the Town's legal counsel to proceed with said condemnation action in order to ensure that the citizens of ORO VALLEY have adequate street right-of-way and safe vehicular access; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. That legal counsel and staff are authorized to proceed with the filing of condemnation documents and any action to obtain property within the recreation area west of that portion of that portion of Copper Spring Trail adjacent to lots 34 and 35 in the Wildridge subdivision (a.k.a. Rancho de Oro; Book 47, Maps and Plats, page 69) should this be found to be necessary in their discretion. Staff is authorized to negotiate a solution and take all steps necessary to accomplish this to final resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18th day of February , 1998. ATTEST: TOWN OF ORO VALLEY, ARIZONA /We;'" Kathryn E. Cuvelier, Town Clerk I 1 1, APPROVED : - 1 ' : Cheryl Skals , Mayor j/CA- Tobin Sidles, Town Attorney F. ANN RODRIGUEZ. CORDER T E - - : -; �� - - )'7'"17 RECORDED BY: TBE GE: 515 DEPUTY RECORDER - T ,.11 NO. OF PAGES: 3 1969 ROOC SEQUENCE: 9801 1038 SOROV 01 /22/98 VALLEY 1�1o� AG 11 :50:00 TOWN OF ORO 11000 N LA CANADA MAIL ORO VALLEY AZ 85787 AMOUNT PAID $ 8.00 DEVELOPMENT AGREEMENT This development agreement ("Agreement") is entered into by and between the Town of Oro Valley, an Arizona municipal corporation ("Town"), and TANGERINE HEIGHTS LLC ("Developer"). Town and Developer are sometimes referred to collectively in this Agreement as "the Parties". RECITALS A. A.R.S. § 9-500.05 authorizes Town to enter into binding development agreements with landowners to, among other things, facilitate the financing of public infrastructure needed to serve property. B. Developer is the owner of that real property located in the Town and consisting of the approximately 80 acres in the east half of the southwest quarter of Section 35, Township 11 South, Range 13 east, Gila and Salt River meridian, and currently being developed as "Tangerine Heights Lots 1-80 and Common Area A", Oro Valley file OV12-96-14). The property is referred to in this agreement as "the Property", and the development as proposed on the Tangerine Heights subdivision plat is referred to in this Agreement as "the Subject Development". C. As originally submitted by Developer, the Subject Development shows two roadways accessing directly onto Tangerine Road. D. Town and Developer desire for safety and circulation reasons to eliminate the eastern access point from the Subject Development to Tangerine Road, and instead to provide secondary access to Tangerine Road via Prairie Bluff Drive to Copper Spring Trail, a public street located immediately east of the Property, in a development known as Rancho de Oro, recorded at Book 47 of Maps and Plats at page 69. • E. To connect Prairie Bluff Drive to Copper Spring Trail, it is necessary for Town to acquire by condemnation right of way over a narrow strip of property identified on the Rancho de Oro subdivision plat as "REc. AREA". This strip of property is referred to in this Agreement as "the Condemnation Strip". F. The Parties desire to set forth in detail the rights and obligations of the Parties with respect to the condemnation and the construction of Prairie Bluff Drive and the eastern roadway connection from the property to Tangerine Road in the event the condemnation is unsuccessful or is abandoned. AGREEMENT Now, THEREFORE, in consideration of the foregoing recitals and the mutual promises and agreements set forth in this Agreement, the Parties agree as follows: DEVELOPMENT AGREEMENT BETWEEN TANGERINE HEIGHTS LLC AND THE TOWN OF ORO VALLEY 1107U 7 5 1 5 1. Condemnation. Town shall, within 60 days after execution of this Agreement, commence condemnation proceedings to acquire the Condemnation Strip. 2. Costs of Condemnation. Developer shall pay all costs associated with the condemnation action, including without limitation the attorney's fees and staff costs incurred by Town, and any and all orders and judgments entered in the condemnation action. 3. Deposit of Funds. Developer shall deposit with Town the amount of$15,000, which shall be held by Town as security for payment of Developer's obligations under this Agreement. If Developer fails to pay any obligations under paragraph 2, Town may withdraw sufficient funds from the escrow account to pay such costs. In that event, Developer shall promptly replenish the escrow account, bringing its total back to $15,000. If Developer fails to replenish the escrow account within 15 days, Town may terminate this Agreement pursuant to paragraph 7. 4. Prairie Bluff Drive. Developer shall pay all costs of engineering and constructing Prairie Bluff Drive to its connection with Copper Spring Trail. The construction of Prairie Bluff Drive shall be completed not more than 270 days after the Town obtains immediate possession of the Condemnation Strip. 5. East Access to Tangerine Road. The east access from the Property to Tangerine Road, referred to in the subject development as "Tall Grass Drive", shall not be constructed unless and until this agreement is terminated pursuant to paragraph 7 or until the condemnation has been unsuccessful or abandoned. In that event, the Tall Grass Drive connection to Tangerine Road shall be constructed as shown on the approved improvement plans for the Subject Development, including without limitation all improvements to Tangerine Road as shown on said improvement plans. 6. Failure to Construct Improvements. If Developer fails to construct the improvements set forth in this agreement, Town may use any funds remaining in the escrow account established pursuant to paragraph 3 to construct such improvements or may withhold further building permits for construction within the Subject Development until such improvements are completed, or Town may do a combination of both. 7. Termination. If Developer fails to make the payments or to construct the improvements required under this Agreement, Town may terminate this Agreement upon five calendar days written notice to Developer. Notwithstanding any termination, Developer shall be responsible for payment of all sums incurred by Town prior to termination. 8. Notices. All notices required under this Agreement shall be given as follows: To DEVELOPER: % Dick Maes TANGERINE HEIGHTS, LLC 5861 South Kyrene Road, Suite 1 Tempe, Arizona 85283 DEVELOPMENT AGREEMENT BETWEEN TANGERINE HEIGHTS LLC AND THE TOWN OF ORO VALLEY 10717 516 PAGE 2 OF 3 To TowN: Chuck Sweet, Manager TOWN OF ORO VALLEY 11000 North La Canada Drive Oro Valley, Arizona 85737 with a copy to: Frank Cassidy, P.C. 177 North Church, Suite 610 Tucson, Arizona 85701 9. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for termination in certain situations involving conflicts of interest. 10. Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. 11. Recording. This Agreement shall be recorded with the Pima County Recorder after its execution by Town and Developer. 12. Effective Date. This Agreement shall be effective when it is executed on behalf of Town. "TowN" "DEVELOPER" TOWN OF ORO VALLEY TANGERINE HEIGHTS LLC 11 _ 7 Che - L'Skals 'Mayor Date Dick Maes, Date � Authorized Agent i ATTEST: I r • Kat,' �-y.n, uvelie:, Town Clerk • STATE OF ARIZONA ) ss. County of Pi= • ) crittvgii#6-) a,„0 The foregoing instrument was acknowled ed .�, 1997, by Dick that he is the ;u t hi. e dbefore,A e me this o TANGERINE HEIGHTS, LLC,who acknowledged , an Arizona limited liability company, on behalf of the company. KAY S.ETHERIDGE 41111 `•\\ Notary Public-Arizona 1 . .� ,) MARICOPA COUNTY �} • M Commission Expires `� • Mycommission expires: �� yNotary Public AUGUST 10,2001 —O' DEVELOPMENT AGREEMENT BETWEEN TANGERINE HEIGHTS LLC AND THE TOWN OF ORO VALLEY PAGE 3 OF 3 in717 517 •