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Home My WebLink About1999.0415.TCRMP.Packet kc Orli �� NOTICE OF REGULAR SESSION OF THE 4 �r.�o tSt"0 �"�o�' FOUNTAIN HILLS TOWN COUNCIL atisAn" Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, APRIL 15, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B i RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION-Pastor Joel Bjerkestrand- Shepherd of the Hills Lutheran Church • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent sibigenda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session April 15, 1999 Cl..) Consideration of APPROVING THE MEETING MINUTES of March 30th and April 1st, 1999. *2.) Consideration of a SPECIAL EVENT REQUEST submitted by Shelley Johnson, MCO Properties, for a fundraising concert in Fountain Park featuring the Phoenix Symphony. The event is scheduled for Sunday, May 2 from 7:30 p.m. to 10:00 p.m. and will require partial closure of Saguaro Boulevard between Palisades and the Avenue of the Fountains. *3.) Consideration of APPROVING A GRANT AWARD from the Justice Department in the amount of $150,000. The grant, part of the "Violent Crime Control and Law Enforcement Act of 1994, is for two full-time law enforcement positions. *4.) Consideration of the ACCEPTANCE OF DEED for SunRidge Canyon Parcel 12. *5.) Consideration of the FINAL REPLAT of Kingstree Village condominiums, a replat of 10 units increasing the condominium airspace on the second floor. Case#99-010. *6.) Consideration of the REQUESTED SITE PLAN for an automobile sales facility, located at 11873 N. Saguaro Blvd., aka Plat 205, Block 3,Lot 14. 7.) MONTHLY REPORT by Magistrate Stuart Shoob. 8.) Consideration of AUTHORIZING THE LOAN of $200,000 from the Town of Fountain Hills to the Fountain Hills Water Company Community Facilities District to pay for engineering studies, financial consultants and other professional services as required. This loan will be repaid when the Fountain Hills Water Company Community kir Facilities District revenue bonds are issued. 9.) Consideration of a PRELIMINARY AND FINAL PLAT for a lot split of Lot 33, Block 2, Plat 505-A, aka 15839 E.Tepee Drive,Case Number S99-005. 10.) Consideration of AWARD OF BID for the slurry seal annual contract. 11.) Consideration of a MEMO OF UNDERSTANDING with Maricopa County Flood Control District for the Golden Eagle Park Dam improvements. 12.) Consideration of the REVISED PRELIMINARY PLAT for the 25.22± acre, 41-lot proposed Eagle Mountain Parcel 13 subdivision, located in the Eagle Mountain development, Case Number S98-044. 13.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 14.) ADJOURNMENT. DATED this 9th day of April, 1999. By: ( 44A..( 5P5 (LitAt4A---i Cassie B. Hansen,Town Clerk Stit e Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800- 7-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 04/09/99 2:04 PM MEMORANDUM L TO: ONO ' `BLE MAYOR AND TOWN COUNCIL FROM: PA L ri N,TOWN MANAGER DATE: APR "\ 991999 RE: MANAGER'S REPORT FOR THE APRIL 15TH COUNCIL MEETING Reminder: A special meeting of the Fountain Hills Water Company CFD Board is scheduled for Thursday,April 15th at 5:30 p. m. in the Town Hall Conference Room (Bldg. C). Pizza will be on hand for a snack. This meeting will immediately precede the regularly scheduled council meeting that evening. In addition, the Mayor may call a special executive session at 4:30 p.m. that same afternoon to consider MCO's latest land offer. No materials are available for the meeting at this time. Town Attorney, Bill Farrell, may have a staff report out next week, which will be provided to you once available. Mayor Sharon Morgan and Vice-Mayor Pen Mower will leave for China on Friday, April 16th and return on April 30th. Councilmember Poma is currently out of town and will return on Saturday,April 17th. CONSENT AGENDA: There are six items on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM#7—MONTHLY REPORT BY STUART SHOOB: Magistrate Shoob will be on hand to share his report on the March 1999 court activities. AGENDA ITEM#8 - LOAN FROM TOWN TO THE WATER COMPANY FACILITIES DISTRICT: To perform the due diligence required to insure CCWC's plant is in reasonable condition and to prepare the necessary report for bond documents, engineers and financial experts must be hired. An estimated amount of$200,000 is required for these services. It is throf recommended that this amount be loaned from the Town to the CFD to cover these expenses. If the loan is approved by the council, the district manager(me) will approve the appropriate contracts. AGENDA ITEM#9 - PRELIMINARY AND FINAL PLAT/TEPEE DRIVE: This request is for approval of the preliminary and final for Lot 33, Block 2, Plat 505-A, aka 15839 E. Tepee Drive. The proposed split is in compliance. The Planning and Zoning Commission unanimously recommended approval. Dana's memo is attached. AGENDA ITEM#10—AWARD OF SLURRY SEAL ANNUAL CONTRACT: Bids will be opened on Tuesday, April 13`h. Engineering anticipates having the results of the bid opening and staff's recommendation to Council before next week's Council meeting. Please see Randy's attached memo. AGENDA ITEM# 11 - MOU/GOLDEN EAGLE DAM IMPROVEMENTS: Attached is the MOU the Town will enter into with the Maricopa County Flood Control District and the Fountain Hills School District for the flood hazard prevention modification to Golden Eagle Park Dam. It has been reviewed and approved by the Town Attorney. This project is of such a magnitude that staff requests Council direction. See Randy's memo. AGENDA ITEM# 12 -REVISED PRELIMINARY PLAT/EAGLE MOUNTAIN PARCEL 13: This item calls for consideration of the revised preliminary plat for the 25.22-acre subdivision at Eagle Mountain. The revision is due to the County's reduction in the amount of fill dirt required for the development of Shea Blvd. The Planning and Zoning Commission recommended approval (5-0), and staff recommends approval, with stipulations. Please see Jeff s memo. L Manager's Report April 15,1999 Council Meeting Page 2 of 2 Term of Tarmaatiaa I IlIls ° RECEIVED 4 '� ozn. •° Special Event Request %4. tom° APR 0 9 1999 'OUNTAIN HILLS TOWN CLERK Name of Event Coordinator Shelley Johnson Address: 16838 E. Palisades Blvd, Fountain Hills, AZ 85268 Telephone: (residence) (business) 837-9660 If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization- MCO Properties L P Telephone 837-()6 6n 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 Address of Headquarters. Description of Event: Phoenix Symphony Concrt/Fundraiser-VIP seats & blankets being sold to be For the community to enjoy an evening of music c in L the lu *11.ed Loring n (kw Purpose of Event- park Council Location of Event: Fountain Park (Attach map or diagram of area to be used for event) Date of Event: 5-2-99 Beginning Time: 7:30pm Ending Time: 1 0.0Orn What portion of the roadway, if any, will the event occupy' none Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 10,000 people Do you anticipate a need for the Town to provide any of the following: Please Note The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. Personnel I've been meeting with BrianHughes, Rec Coordinator with the Town to assess the needs. Brian is working with the Marshall's Dept and nthpr Town staff Snlies and ServicS. A few hours prior to the event. port-a-pntiac will he delivered, (1116, t attic control for parking around the Plat 208 and park area will start . Vehicles and Other Equipment.Street closure on Saguaro. betwppn Pa1,GaddpG Ave of the Fountains will occure from about 6:00 pm - 11 •nnpm also be provided by the Town, in the Park to assist people when exiting thell event. The Marshall's Dept staff will also assist with security of the stage equipment. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) (Iliw Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. 7\\e)"E -L=, 1\ LOe_ 0.QP('C•xic\\c_{- 5 �Sti0.\\5 roctM;,� � � r ,,, \ e, N t U rect LIB\,e.e a.- S eq.1.;nq ____ v, ,((j '2' c cec ., 11 `(\,, t1- ��.t-e . - ^ - G� :,/7 /iI 1. / %..„ ; / 1 • ' ,'i" .10.:**::::::::::: :\‘. ‘,... ;„:::: ... • ;� a f •L •. �1 /if '--, ',,,-•''..'4''''c, `` i V .v. L • *., :,.. D• C�o-.c °- \ �e �� i \� y, imti .i,\,, ISSUE DATE (MM/DD/YY) LUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE AON RISK SERVICES OF TEXAS, INC. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2000 BERING DR., SUITE 900 POLICIES BELOW. HOUSTON TX 77057-3790 COMPANIES AFFORDING COVERAGE 713-430-6000 COMPANY LETTER A OLD REPUBLIC INSURANCE COMPANY COMPANY INSURED LETTER B NATIONAL UNION,..�jRF�j+ISp`�Q.rF PITTSBURGH, PA - COMPANY j�C�C V MCO PROPERTIES, INC. LETTER C C/O MAXXAM INC. COMPANY APR ( 5 1999 5847 SAN FELIPE, SUITE 2600 LETTER D HOUSTON, TX 77057 COMPANY "OUPfTA1N HILLS LETTER E TOWN CLERK • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY MWZY 54861 10-14-98 10-14-99 GENERAL AGGREGATE $ NIL X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG. $ 2,000,000 14 CLAIMS MADE LX OCCUR. PERSONAL&ADV.INJURY $ 1,000,000 OWNER'S & CONTRACTORS PROT. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ co, AUTOMOBILE LIABILITY MWTB 17774 10-14-98 10-14-99 COMBINEDSINGLE X ANY AUTO LIMIT $ 1,000,000 .—ALL OWNED AUTOS BODILY INJURY —^SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ B EXCESS LIABILITY BE 357 07 17 10-14-98 10-14-99 EACH OCCURRENCE S 2,000,000 UMBRELLA FORM AGGREGATE $ 2,000,000 X OTHER THAN UMBRELLA FORM - :•� t,a r .1-,� • WORKERS' COMPENSATION J STATUTORY LIMITS , x , ar AND EACH ACCIDENT $ EMPLOYERS' LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: MAY 2, 1999 "LIGHT CLASSICAL AND POPS CONCERT" LOCATION: FOUNTAIN PARK, FOUNTAIN HILLS, ARIZONA ADDITIONAL INSURED: THE PHOENIX SYMPHONY ORCHESTRA AND THE TOWN OF FOUNTAIN HILLS, ARIZONA AS RESPECTS THEIR INTEREST. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE 'CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL THE PHOENIX SYMPHONY ORCHESTRA * 3Q DAYS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT thipp;ORTH THIRD STREET - FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY IX, AZ85004-3942 f, OF ANY KIND UPON THE COMPANY, IT'S AGENTS OR REPRESENTATIVES. f * except 10 days for non-payment of premium. If- =k AUTyQRIEES•NTATIVE ,��!!/IIIJJ ��ltJ i� / qL yy�� ''.DANIEL P. SLOAN, SENIOR VICE PRESIDENT "•1 +�' x.",'r €''' -i ".r' i : -Y`X`bw%1t.''- '— '-... ! s, .... C , t :,.,;,.:c+ :v-, ', 1 Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: April 9, 1999 SUBJECT: Special Event Request - Phoenix Symphony Concert The purpose of this memorandum is to endorse the attached request from MCO Properties regarding a May 2nd fund raising concert featuring the Phoenix Symphony. It is my understanding that this will be considered by the Council at their April 15th meeting. Background: In reviewing the written request, along with information I have received from the event planners, this is a charity event supporting the mentoring program in Fountain Hills. There will be no alcohol or food sales which significantly reduces the public safety requirements. Our plan calls for five officers to be assigned to this event from 6pm to 11pm. The law enforcement resources will be provided as part of our community service commitment rather than on a fee basis used in commercial events. kriw Traffic and Parking: Our traffic plan calls for placement of temporary "no parking" signs on both sides of Saguaro between Avenue of the Fountains and Palisades all day Sunday to prevent vehicles from becoming trapped behind the barricades when street closures occur. At approximately 6pm, Saguaro would be closed at Avenue of the Fountains, Parkview and Palisades to accommodate anticipated pedestrian traffic from the parking lots to the west.We will assign an officer to each barricade closure. No officers will be assigned to parking or traffic control at intersections outside of the immediate area. The closures would be lifted once pedestrians have cleared the area following the event. Security: A review of the last symphony concert showed no major problems with crowd control and only minor instances of vandalism and juvenile disturbances. This year's event does not feature any alcoholic beverage sales or food distribution which significantly reduces the need for officers. One team of uniformed officers will be assigned to the park for security purposes and to assist the Parks Department personnel. We have no plans for guarding the stage, tent, vehicles or equipment outside of the 6pm-11pm time frame specified in the request Recommendation: Based on the planning that has occurred by the event organizers, a public safety plan which will minimize inconvenience to our residents, and the community service purpose of the event itself, I recommend approval of this request. L Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERINA",Uv Date: 04/09/99 Re: AGENDA ITEM #2— MCO PROPERTIES SPECIAL EVENT Shelley Johnson, on behalf of MCO Properties, has submitted a special event request for the Phoenix Symphony Concert/Fundraiser to be held on Sunday, May 2, 1999. The event will be held in Fountain Park from 7:30 p.m. to 10:00 p.m. The purpose of the event is to raise funds for the Ariz4n � .. s ;has bee with Parks and Recreation and the Marshal's Department regarding kss� and b ol. "No parking" signs will be placed on Saguaro Boulevard een{Palisades Rainey r. the Avenue of the Fountains all day Sunday so that no cars will fi 6atricade4'5when then ``closed at approximately 6:00 p.m. Lights will be provided to Fure safe ac s to cars fgllvin a concert. et, d' e, q se, §" t public safety issues have been addressed and satisfied. A r� �+ at rtsrra die Q iAfr ' prior to the event. Staff recommends approval. ^^'L E J YC yam' �F5 ' Page 1 of 1 Cassie Hansen Last printed 04/09/99 2:34 PM 04/09/99 TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin, Manager FROM: Steve Gendler, Public Safety Director DATE: April 2, 1999 SUBJECT: Grant Award - Community Oriented Policing EXECUTIVE SUMMARY The purpose of this memorandum is to request Council approval of a $150,000 grant award from the Justice Department for two full time law enforcement positions in Fountain Hills. The grant award is part of the "Violent Crime Control and Law Enforcement Act of 1994". The more common name for this act is the "Federal Crime Bill" signed by President Clinton. This grant came about as a result of a request the Marshals Department originally submitted in 1996, which was previously approved by the Council. That request, as well as supplemental awards in 1997 and 1998 have resulted in $750,000 for the Marshals Department to organize and operate a crime prevention and neighborhood dispute resolution effort. The current award, which will be the fourth in a series under this program, will pay 75% of the salary and benefits for any deputy Marshals hired at a cost to the town of$9458 the first year for each officer. The grant would run through December 31, 2002. As Public Safety Director,I have used part of previous grant awards for additional deputy Sheriff's positions. In this instance,I propose to assign both positions to the Marshals Department to specifically address a growing concern with public facilities including parks, the Street Yard, Town Hall, the future Community Center and any other public property the town might acquire. BACKGROUND On September 13, 1994, President Clinton signed a $2.3 billion "crime bill" which provided federal funding for a wide variety of law enforcement, prisons, and prevention programs. A total of$1.3 billion was designated for law enforcement. One of the law enforcement provisions, called the "Cops On The Beat" program, represented an opportunity to obtain federal assistance in fielding 100,000 new police officers. The first phase of that program, representing $200 million, targeted large cities that could document urban crime problems caused by closure of manufacturing plants and military installations. The second phase allocates$1.1 billion for innovative community policing,provides money for large cities that did not receive funding in phase one, and has provisions to assist law enforcement agencies serving populations under 50,000 people. The United States Justice Department was allocated up to$165 million in phase two funds for grants to small cities and towns. The money is earmarked to help eligible communities hire new officers for community policing and specific crime prevention programs. Fountain Hills Lor qualified in this category on the basis of a grant request outlining our community policing concept. Unless extended by Congress, funding for further grants under this program will not be available after September 30, 1999. FOUNTAIN HILLS GRANT REQUEST The town has an innovative method of delivering police services with our combination of Marshal's personnel for ordinance and zoning enforcement and Sheriff's personnel under contract for traffic and criminal enforcement. Our combined crime prevention efforts constituted the basis for eligibility under the community based policing program. Since incorporation, our population has increased 63% which has led to a 13% increase in our monthly service calls in the last year alone. With projected growth in the near future, the town must continue to look at its level of law enforcement service in light of protection and security of its residents. The national standard is 1.5 officers per 1000 population while the combined resources of the MCSO and Marshals Department currently equals 1.4 officers per 1000 population.By adding grant-funded deputies to the Fountain Hills law enforcement program for community based crime prevention and crime resistance programs, we have an opportunity to reach and maintain the 1.5 officers per 1000 population level at an economical cost. ‘610, GRANT FUNDING Under the provisions of this grant, we would be eligible for up to 75% of the total salary and benefits of each officer over three years, with a maximum of$75,000 per officer. The total projected cost to the town for three full years of service would be $28,591 per officer. TIMETABLE A $150,000 supplemental grant has been awarded by the U.S. Justice Department with notification on February 16, 1999 giving the town 45 days to determine whether or not to accept it. Since the notification was not received until March 30th, we were given a two week extension on determining acceptance. This requires approval by the Town Council at the meeting on April 15th which has to be submitted along with fiscal information and community policing plans prepared by the Public Safety Director. I believe this grant will provide us with an opportunity which is particularly important in maintaining an acceptable level of law enforcement. With the two previous grants we have received and this award, the town could receive $900,000 toward our law enforcement expenses by the year 2002. However, this option will not be available unless action is taken within the grant acceptance deadline.Therefore,I am requesting approval at the April 15th Council meeting. Respectfully Submitted, (5.215Z74-. Steve Gendler /, U. S.Department of Justice 4IIOffice of Community Oriented Policing Services ,, jj COPS Universal Hiring Supplemental Award Application Organization's Name: Fountain Hills,Town of Grant#: 95CFWX4693 ORI#: AZ007ZZ Vendor#: 866004472 Law Enforcement Executive Name: Town Marshal Steven C. Gendler Address: 16836 East Palisades Boulevard City, State, Zip Code: Fountain Hills,AZ 85268 Telephone: (602)837-8800 Fax: (602) 837-8251 Government Executive Name: Town Manager Paul Nordin Address: 16836 East Palisades Boulevard City, State, Zip Code: Fountain Hills,AZ 85268 Telephone: (602) 837-2003 Fax: (602) 837-3145 Award Start Date: March 1, 1995 Previous Award End Date: February 28,2001 Lupplemental Award Start Date: January 1, 1999 Revised Award End Date: December 31,2002 Previous Award Amount: $750,000 Previous Number of Officers: Full Time: 10 Supplemental Award Amount: $150,000 Part Time: 0 Total Award Amount: $900,000 Supplement to Number of Officers: Full Time: 2 Part Time: 0 Total Number of Officers: Full Time: 12 Part Time: 0 !,.46‘60JIL (.„ Joseph E.Brann, Director Date By signing this award,the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Steve Gendler — Public Safety Director 4/16/99 Signature of Law Enforcement Executive with the Typed Name and Title of Law Date authority to accept this grant award. Enforcement Executive. ! tf 1i(l' 14/ `` _ Sharon Morgan — Mayor 4/16/99 Signature of Govemment Exe tive with the Typed Name and Title of Government ,Date authority to accept this grant ward. Executive. Chron 95 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honors le Mayor and Town Co I FROM: R: •y L. rrel, Town Engineer L THROUGH: Pa ' , Town Manager DATE: April 6, 1999 RE: Acceptance of Deed for SunRidge Canyon Parcel 12 Per the SunRidge Canyon Master Plan, the Town is to acquire the 5-acre Parcel 12 as a future park site. Parcel 12 is located at the northeast corner of Desert Canyon Drive and Sunridge Drive. As a part of the Town's agreement with SunRidge on December 3, 1998, the Town is to accept title to the property at this time, but has been released from any obligation to develop any particular park improvements on any particular time schedule. A Phase I environmental investigation is currently underway by Asset Environmental; acceptance of the property should be conditioned on obtaining a satisfactory result of this investigation. SunCor (on behalf of SunRidge Canyon LLC) has signed the deed transferring the property, as shown on the attached. As with any other undeveloped, wash, and other preservation property, Parcel 12 will be managed by the Town's Public Works Department, until such future time as it is actively developed as a park site. Staff recommends that the Council accept the deed to SunRidge Canyon Parcel 12, subject to the following stipulation: • Obtaining a Phase I environmental investigation with results satisfactory to the Town Engineer. bb att. cc: Bud Clutter Tom Ward Ken Valverde Acceptance of Deed SRC Parcel 12.doc When Recorded Return to: Town of Fountain Hills Engineering Department 16836 East Palisades Boulevard,Building C. P.O.Box 17958 Fountain Hills,Arizona 85269 SPECIAL WARRANTY DEED GRANTOR SUNCOR DEVELOPMENT COMPANY GRANTEE: THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE CONSIDERATION OF Ten Dollars ($10.00) and other valuable considerations, Grantor hereby conveys to Grantee the following real property situated in Maricopa County, Arizona, together with all improvements thereon'and all rights and privileges appurtenant thereto the property consists of Parcel 12, of SunRidge Canyon, Fountain Hills, Arizona; MCR Book 406, Page 23 (95-0688976). See Exhibit "A" (attached hereto and incorporated herein) for the parcel map of the property. (11 EXCEPT all oil, gases and other hydrocarbon substances, coal, stone metals, minerals, fossils and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value; and EXCEPT all underground water in, under or flowing through the Property and water rights appurtenant thereto; SUBJECT TO all taxes and other assessments, reservations, patents, easements, covenants, conditions, restrictions, reservations, rights, rights-of-way, obligations and liabilities that may appear of record, rights or claims of parties in possession and easements or claims of easements not shown by the public records; encroachments, roadways, overlaps, conflicts in boundary line, shortages in area and other matters which would be disclosed by a survey or inspection of the Property; unpatented mining claims; and all Federal, State, County, District and local laws, ordinances, regulations, zoning codes and the like as the same now exist and as may hereafter be established or amended. Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of Grantor herein and none other, subject to the matters above set forth. L DATED this 36 day of , 1999. By: Duane Black, Vice-President Suncor Development Company STATE OF ARIZONA ) ) § COUNTY OF MARICOPA ) Th_iA instrument was acknowledged before me on the .3d day of / C(] , 1999, by Duane Black, Vice President of Suncor Development, on behalf of SunRidge Canyon, L.L.C. L NOTARY SEAL ( C�-� N tary Public in and for the St of Arizona 00.....E IAL SEAL My Commission Expires: GAILSANCHEZ NOTARY MAAIQO PL;9UC•STATE PA COUOFN ATY RIZONA My Comm. plres April 30,2001 L N O O O O O to o W J OO4cn (n _J I- 6 1fl In CO N S = n � � 0-Nt0000no n.- U = C Z co n n 21--I4cNvoo J333w33333w N phi <5 - ID u. G C FV J co 0 0 �N N?N� .--� NO d• LL < 115 m< m6 LC)* N N Lai t.Nj�r-M Nto7k MN II i XJ HJ ONo m< ONNOa NI'7 � NI, Q Z ill W 7 W000o cc wm0ZZzZOZZ zvoi ifs < �! 0O NM ZO NM4to con co O>. 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N• '''';',Tr.,- ♦_n t'C' .,rn.'+,'3 t',`�r. dfA'I...itZM'it...,-,4-s."-.."ft'e,,,t;,—,r,„'gt..,-: �t: gg .ti`: i, '3 M P,""• :'!4 "9*41: :t`h' M. - w,; 1�Sr'>}5 n,.r" 'tie'< ,�.'3'-. �73 �f�, S• r,r �;6e.: 3 r TOWN OF FOUNTAIN HILLS �✓ MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plann DATE: April 9, 1999 SUBJECT: Final Re-Plat for"Kingstree Village Condominiums Amended" This plat is a request by Sivage Thomas Homes of Arizona that would amend the airspace of ten (10) units in Kingstree Condominiums. The roofline and the outward appearance of the project do not change with this request. Please refer to the attached staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS STAFF REPORT April 15, 1999 CASE NO: S99-010 LOCATION: 11022 N.Indigo Drive,aka Lot 2,Block 2,Final Plat 422. REQUEST: Consider a Final Re-Plat for "Kingstree Village Condominiums Amended", a 40-unit condominium project and amending the airspace of ten(10)units. DESCRIPTION: OWNER: Sivage Thomas Homes of Arizona APPLICANT: Ruben Chavez for Sivage Thomas Homes EXISTING ZONING: "M-3 P.U.D." EXISTING CONDITION: Multi-family under construction LOT SIZE: 155,640 square feet(3.56 acres) SURROUNDING LAND USES AND ZONING: NORTH: Emerald Mesa Condominiums,: zoned "R-3" &Vacant: zoned"R1-18" SOUTH: Lionsgate(Multi-family): zoned "R-3" EAST: Vacant(approved for Kingstree Villas Condominiums);zoned"R-3" WEST: Single family: zoned"R1-35" SUMMARY: This request is for approval of the Final Re-Plat "Kingstree Village Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This project is under construction and the applicant has requested to amend the airspace on the second level of ten (10) units. The applicant proposes to enclose an existing covered balcony. The roofline does not change in any way and the newly enclosed space is located towards the interior of the project. The outward appearance of the project is unchanged. The applicant, Sivage Thomas Homes, has proposed the airspace change in response to customer interest. The Council approved the final plat on July 3, 1997. RECOMMENDATION: Staff recommends approval of S99-010; Final Re-Plat "Kingstree Village Condominiums Amended". ° o"' TOWN OF FOUNTA IN N HILLS. e COMMUNITY DEVELOPMENT DEPARTMENT (11109 ,_c,-a_f T . :ft, 7,A. ,. g lO vrKr . c - 4 �vat,, ,F .t: Date Filed Fee Paid Accepted By 3/28/99 $730 . 00CP Plat Name/Number _Kingstree Final Plat 422 lot 2 Block 2 Parcel Size Number of Lots 155, 640 sq. ft. 1 Number of Tracts Zoning 1 m3 PUD General Plan Land Use Designation Town house project Density Requested(Dwelling Units Per Acre) 8 units per acre Applicant Day Phone Ruben Chavez / Sivage Thomas Homes 837-8272 Address City ST Zip 15253 N. La Montana Dr. Fountain Hills AZ 85268 Owner Sivage-Thomas Homes of Arizona Day Phone 13253 N. La Montana Dr., Suite 203 8 3 7-8 2 7 2 Address Fountain Hills,AZ tsb2bti City ST Zip Attachments(Please list) Signature of Owne I HERBY AUTHORIZE (Please Print) Date c9ZLli! vL vez. r - "2TO FILE THIS APPLICATION. 00/4/ M l � Su cribed an worn before me this 7Y day of L Y i AP u� , 19 /. <r, NOTARY PUBLI�'yo mission Expires/- U�� Notary Public <;,` '' STATE OF ARIZONA V„- ;'-. County of Maricopa h CAROL CLESCERI • My Commission Expires Jan.6,2000 .'m>,„ym,,s+wbs,m»n»»»n»» » (Seal) TFH Case Number Li Fee Schedule Attached 3i'9 -oi 42222.e.q 12-11-98 7:37;25 amuST I 1 z IiiW1 =aIj! j 8gV I /�� 3CJZ L ss L, P 'y Y i'-', iS R ao. 2 269.6T(N) .Y •• 33 • I cA> 0 d t: N 46-1534'E(N) 269.80'(R) '• to (+�y ‘". N 4615'00'E(R S+.aC \ L`✓, -� 4.s 1 .eao') Nar ace L• gaggsg s f.,i$ p�c „�O-y12.m(R) IMMIIIIIL— ■� �At ' ;34ser ;jars ,:s . oo < V ROW ®®® tLz? .::::::: ;.::g°'a p° 'sue.......; 1 r 't s( R Ij"�1}: s as t i 4K g=. F Y n a I ,1 a>r a s ! t Y t I!I a E ) r ! 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I I• �� ' a I z9'8 I 3 a iC s I i1 T a I . 13 A .i I ��! 1 3 I e w 1 3 : w 9 1 ` 26 iI el A D X 114 a _� 70 j--- �— 3.A— a �I I r - -r JI z r - .41 f1 , _ LIES _ 1. .... h. 1 1111W 20.a7 ,� 20.8Y G- 1 o- 1 - G SIMS LIi 11 1 i i `9ANZ 833r 9' ,9�9: a aY oi::. 9.oe'o wm i::.� $$ — • 9 j :n y G 9 1 RI cl tot w -� RI -, Q R1 -\ r Fa z a r 9.09' r __S____ _637' 1ntf: *2 i [) A__ A p b A A _9.09•__ 9.09' 19.49' f 19.49' ° e - 8 G KINGSTREE VILLAGE CONDOMINIUMS AMENDED R.._.,EKJ/ARH we 12-9-9E MONTGOMERY ENGINEERING & MANAGEMENT,LLC. PLAT 422 BLOCK 2 LOT 2 •+a^•'DRY „e%213 16766 E.VARKVIEW AVENUE.SUITE 201 A.m..5 OF 6 r..c AS NOTED FOUNTAIN HILLS.ARIZONA 85268 — (602)837-1845 I •12-9-9e RLM90K ARK 11022_N,_INDIGO DRIVE FLOOR PLAN&sccnoNs ,b •.R xsw+•n. •. 42222,m.clog 12-11-98 10:24:59 omlST 4hip, :.,�...; :; o I ,-•-. o MS _ �� I'- 3 I ).' � li+T ,' 11____ ?A MY ��\6'V , I 1- k �� 21.33' -J I >; x) .. a I® o -1 Ia , �161a... ! $ m 4 A a I I s k9 - Y D. pr:- 11 I L ot 4: ' I g m CO I. R I fl% �Ir J N Z N 21.3s g I 9 il Cr) rT 33 :gyp ®_ t p G g3 64 a a at i a IAAr 8 Y4 n.Ar 6 A09. 66 - a Lg. tor-1 tor 7 tas R m 4 2- F A n r -n %--„7- m z _, z C+® m o Z Z m CI r a +� tar 28 p e tar tar MittkS a { q 4 9 _ s.�^ UJT 9.08 STORAGE , a g g Er sr*es - loA 837 137 a I a, I so so so8 at al OR sn sn n U V CO . U:U: :::: >k [.O Eg O "41. u O tJ. ER ER'le EP D Pro +ri f'f n n n n n e, n rl c-,fY n r�C2 71 00-04o000N3 an co a N >± >s. V 4 5 NA 1 1/4 u NO i U Z �9 0 � i � S. oOC e�N T � r L 1 KINGSTREE VILLAGE CONDOMINIUMS AMENDED >v.mn EK3/ARN Am 12-9-98 MONTGOMERY ENGINEERING & MANAGEMENT,LLC. atomism o.OR" .moor.,,96213 16766 E.P ARK VIEW AVENUE.SUITE 201 PLAT 422 BLOCK 2 LOT 2 .6 OF 6 ossc AS NOTED FOUNTAIN HILLS,ARI20NA 85268 11022 N. INDIGO DRIVE R00R PLAN&SC DONS (602)837-1845 2-8 to RE"9ovs """ TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: April 9, 1999 SUBJECT: Consider Site Plan for Auto sales use at 11873 N. Saguaro Blvd. This is a request for Site Plan approval for a proposed automobile sales use to be located on Plat 205, Block 3, Lot 14. Planning & Zoning Commission unanimously recommend approval of the Site Plan as presented. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT April 15, 1999 LOCATION: 11873 N. Saguaro Blvd., Plat 205, Block 3, Lot 14. REQUEST: Consideration of Site Plan approval for a proposed auto sales use to be located in the "C-3" General Commercial Zoning District per Chapter 12, Section 12.02, D.,7. of the Town of Fountain Hills Zoning Ordinance. DESCRIPTION: APPLICANT: Jack Blevins EXISTING ZONING: "C-3" EXISTING CONDITION: Existing bldg. PARCEL SIZE: 228 square foot office SURROUNDING LAND USES AND ZONING: NORTH: Bldg., zoned "C-3" SOUTH: Multi-family residential, zoned "R-3" EAST: HaHa Chinese Restaurant, zoned "C-3" WEST: Real Estate Offices, zoned "C-3" L SUMMARY: This request is for a proposed Site Plan to locate an Auto Sales Use on Plat 205, Block 3, Lot 14 of Fountain Hills. The following is Section 12.02 (D)(7) of The Town of Fountain Hills Zoning Ordinance which states the Town's regulations regarding a proposed auto sales use in "C-3" Zoning District. CODE REQUIREMENTS: 12.02 Permitted Uses. D. In C-3 Zoning Districts, the following uses are also permitted: 7. New and used automobile, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including outside display area, provided all sales and repair activities are conducted within a building and subject to site plan approval of the Planning and Zoning Commission and Town Council. Chapter 2 of the Zoning Ordinance contains the procedures and requirements of Plan of Development and are reprinted below. Staff has required that the submittal requirements of this Le section be met for the applicants conceptual site plan. 2.04 Plan Review. A. Purpose. The purpose of the plan review is to enable the Community Auto Sales Site Plan Staff Report April 15, 1999 Page 2 Development Department to make a finding that the proposed development conforms with the intent and provisions of this ordinance and all other town ordinances. The Department may be assisted in this determination by engineering department, utility companies, fire district, sanitary district, and other appropriate agencies in the form of written staff recommendations or stamps of approval. The provisions of this section shall apply to the permitted, temporary uses, and special uses as specified for each zoning district. B. Application For Plan Approval. A request for plan approval shall be filed with the Community Development Director or designee, on a form prescribed by the Community Development Director. The request for approval shall be accompanied by two (2) identical copies of the plan. Each copy shall be on one or more sheets of paper measuring not more than twenty-four (24) by thirty-six (36) inches, drawn to a scale not smaller than forty (40) feet to the inch, which show the following: 1. Lot dimensions. 2. Location, size, height, use, and exterior materials of all buildings and structures. 3. Size and dimensions of yards and space between buildings. 4. Location and height of walls and fences. 5. Location, number of spaces, dimensions, circulation patterns, and surface materials for all off-street parking and loading areas, driveways, access ways, and pedestrian walkways. 6. The location, dimensions, area, materials and lighting of signage. 7. Location and general nature of lighting. 8. Street dedications and improvements. 9. Existing and proposed grades and drainage systems. 10. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing. 11. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. 12. Landscaping, including all surfacing material around buildings and in all open spaces. Auto Sales Site Plan Staff Report April 15, 1999 Page 3 13. A vicinity sketch showing the location of the site in relation to the surrounding street system. Adjacent properties and their uses shall be identified. 14. A legal description of the land included in the site plan and of the lot; the name, address and telephone number of the owner, developer and designer. 15. Any other information which the plan checker may find necessary to establish compliance with this and other ordinances. E. Review Procedures. 1. The Community Development Department shall have five (5) working days from the date of submission of a plan application to review said plan and approve, conditionally approve, request more time or reject said plan based on its compliance with all provisions of this ordinance, all other applicable ordinances, and master plans of the Town of Fountain Hills, and to notify the applicant of the Department's decision in writing. If, however, the Community Development Director wishes to obtain the opinion of the Planning and Zoning Commission, the Director may forward the plan to the Commission for action at its next regular meeting to be held at least seven (7) days after such action. In such case, the Community Development Director must render a decision within five (5) days after Commission action. In the event of denial, the decision shall set forth in detail the reasons for denial, or in the event of conditional approval, the changes or additions which are necessary to make the plan acceptable. 2. All copies of the approved plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the Community Development Director. One copy of said approved plan and conditions shall be mailed to the applicant, and one copy shall be filed with the Building Inspector. G. Expiration of Plan Approval. 1. One (1) year after the date of approval, a plan approval becomes void if a kow building permit has not been issued. 2. If the applicant files for an extension prior to the approval becoming void, an extension may be granted by the approving bodies. Auto Sales Site Plan Staff Report April 15, 1999 Page 4 H. Violation and Enforcement. 1. Prior to the issuance of a building permit, the Building Inspector shall ascertain that the Zoning Administrator and other reviewing agencies have approved the plans which are in conformance with those presented with the building permit application and that the time limitations imposed by this ordinance have not elapsed. 2. The Building Inspector shall ensure that all matters are undertaken according to the conditions of the approved plan. In the event of a violation, the Building Inspector shall notify the permittee, by mail or written report, that he is in violation of the conditions of the approved plan. If the violation is not cured or a cure is not substantially begun in the opinion of the Building Inspector within ten (10) days after notification, the building permit shall be revoked and shall be null and void. EVALUATION: As stated in The Zoning Ordinance of The Town of Fountain Hills this use is permitted in the "C-3" Zoning District with site plan approval. The proposed auto sales use conforms to all requirements of The Town of Fountain Hills Zoning Ordinance and General Plan. The Town of Fountain Hills parking regulations require the applicant to provide two parking spaces on site. A letter from the property owner and site plan attached show the location of the required spaces. This site as shown on the site plan is required to provide eleven (11) parking spaces. The business complex currently provides twelve (12). All lighting shall conform to Town of Fountain Hills Zoning Ordinance, Chapter 8. RECOMMENDATION: Planning & Zoning Commission and Staff recommend approval of the Site Plan for a proposed auto sales office to be located at 11873 N. Saguaro Blvd., with the following stipulations: 1. The applicant shall comply and remain in compliance with the approved Site Plan as approved by the Town Council. 2. Plan approval shall be valid for one year as stated in Section 2.04(G) of The Town of Fountain Hills Zoning Ordinance. i. Attachments: 1. Application 2. Proposed Site Plan 3. Vicinity Map 4. Narrative Saw t z TOWN OF FOUNTAIN HILLS ��It�;,,si COMMUNITY DEVELOPMENT DEPARTMENT `l i e z ^a .7 1-J 1-\ l'...= ®I.A TE A, "_i t sa.,T4 ..re. '1 l v3,1'#.: .-t. *Additional checksheet required Date Filed oh Fee Paid — Not Applicable- Accepted By Plat Name/Number 0 S Block 3 Lot(s) 1 1 cl_ Parcel Size Number of Lots 0FFice. aaa 5tuarc. feet- Number of Tracts O m e Zoning C _ 3 General Plan Land Use Desi nation Ceierc*. Co'Amef c;a Ret4\1 Density Requested (Dwelling Units Per Acre) Applicant Jfj/4 c1cL B L e-v,n S e Day Phone_ f,ar7 ir Address *a 9 ►635 N. -rh,,n pegir Pkwy City ST Zip Owner 3 F F Mowry, Owr Day Phone Address It 8'73 N. 5a G Uu Po g1Nd, City F 4 H )1 S ST Zip Please describe the intended use for this property Luyvey 1l u±o SPrLE5 - Sold)) 5 cuk mare, 7) mare +601 -+-W-0 Car5 On Gi_ I 5ro Ia Signature of Owner jzs.4_.vpj2AA:e:/r6_ I HERBY AUTHORIZE(Please Print) Date TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number . 4•10 1 01 i - *10 //414.' /o0.001 N 73°5510o"Vs./ -4461 -1-uati3AtIcl ti ci' +41, - • • •upfJo4 131 d'D . ii. t o v --IL. 4R • 14/)a, VI ‘V 3. 111111111/11 . t . • ')\9 9 . t %, _ 44 rra I ii-3 (,) 6 •_ A . v to 1 JZ uify , , 6 „ 3 - o o V .6C gUi3nitid \ I 417 5,0A) lJ 10 1 Jaw*, - - • \ "-- 24'O" #1r' • ,,,,,L, a., • tri -rri ITi 0 . zo 1' " 2' CO c • 0 „in 1 0 "alj Ni* U 1 —+ Cr Z.: AtStrerorn 1^ v)i-r( ,S, 4-k Ind, 0 .. -4,,,n ir., —•-7" 9.) F. .‹ fr1.?ii = •n, 0 e5t-'. urri IT. 1 ; - . FT-sri "*" —t CP ; —I" 4:1 j)1 i— 0 \-- ota . / ELJ .9 1 ..- NI . C — 3 Zoirci In i Ne. N. /00.00' N 7.3°,55/00" W . . - ,, - I . C.5 LEGAL DESCR/PT/ON ' _ LOT NO. /4) BLOC& 3, r/NAL PLAT 205 FOUNTRIA/ 1-/ILL5) MARICOPA COUNTY) ARIZ, rg AODRESS ! /1573 N. SAGUARO a LVD., FOU/VTAIN 14/LL.-5. • . , [ . i .. . . . ita'r' -' ...,)i -. • - el , )) , mR'� aP a , Q' • x' °Ptill% 4444, : 1:,-4.t: IN PI '544iii°: 4,470 OR i 0." ...e"kkt 4. , ♦ , of • P4b4,fi. OR $- Aw . 11s,4 a,.OP MINI110•1110 as OP• r OR lk .0 44 51 T .E At i -, ...- .4' ,* ... : lit ,... i 4.:).:,' 1717. ' . .-./, II ; • 2avii_r) 0 :ill", ' . , I.' Oir e 1 4 ' 014 4 ,*Nip' *;115 10 i t------ ---. ?, 0 -T- - ' ''... .4(W.'"4 'S Ar $ 414 ' QP .4914. '' ' - \e. 4 tr, 0•10011•10 10 Oft 4IMI Oa 1M/11110.40 OD OIMINIIII..MI 40 ••OP �,•. . w �' '- A 1 LAI litWAY • OR I '49 • 4 t1 44ab y 3 I Altrutis az fro til.* . J Lao al 4it,,,t, ,...:10,111. 0* ./.. • ..,_ 2 7 off i ALE), •.1 at ...e_ r: I coot A -.-4 OR 1 f gilt kb- 4 144 lire 41 I AN : t. ttfD „'' aP,, ' ' A IRO VLUNAR 3N. : ORLLAST GP i ,R .._... :.•�•• ` � I. •III__•• ..MIME.•1111•11111111. 6 * #J 410 AO For The Review of The Town of Fountain Hill Planning and Zoning Commission 41.0 and For the consideraton of the Town Counsel Business location C-3 property 11873 N. Saguaro Blvd. Luxury Less 'v Automoti e Sales Exclusively tailored for the Informed Medical Professional Jack Blevins President 40, Registered Nurse Critical Care Specialist 4 .v 414, Buying, Selling, Wholesaling and Consigning Luxury Automobiles 1:7 fv% tt) " ) 6 e4 ,Tt c.5) (r) A. c, _01 0 C.? 1 v L <1.J U Cr) L Fountain Hills Municipal Court Monthly Report March 1999 460,:ASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 434 3,170 (0) (3) (338) (93) (0) Criminal Traffic 50 354 (16) (0) (27) (7) (0) Misdemeanor 62 515 (16) (0) (33) (9) (4) OOP/IPH 6 78 (6) March 1999 552 4,117 (38) (3) (398) (109) (4) March 1998 385 3,603 CASES TERMINATED MONTH FISCAL YEAR TO DATE Civil Traffic 379 3,298 Criminal Traffic 63 389 Misdemeanor 59 518 OOP/IPH 6 78 March 1999 507 4,283 March 1998 446 3,574 HEARINGS/TRIALS HELD MONTH FISCAL YEAR TO DATE Civil Traffic Hearings 11 113 Traffic/Criminal Trials 4 15 Juvenile Hearings 19 129 PTC/OSC/SR Hearings 50 470 OOP/IPH Hearings 0 13 March 1999 84 740 March 1998 64 580 FY 99 Revenue Received $ 35,824 98-99 FISCAL YEAR TO DATE $295,658 FY 98 Revenue Received $ 34,579 97-98 FISCAL YEAR TO DATE $236,708 1999 Outstanding Balance $289,129 1998 Outstanding Balance $311,617 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner , DATE: April 9, 1999 SUBJECT: S99-005; Final Replat for "Fountain Hills Plat 505-A, Block 2, Lot 33" a lot split project. This is a request for Preliminary and Final Plat approval of a lot split located at 15554 E. Tepee Dr. Planning & Zoning Commission recommend approval of the preliminary plat and staff recommends approval of the final plat. At the April 1, 1999 Town Council meeting Councilwoman Hutcheson made a motion to continue the request to allow the Town Attorney to provide a written opinion regarding the legalities of this application. Town Attorney William Farrell will provide members of the Council with a written opinion prior to the April 15, 1999 meeting. The Town Attorney has notified staff that this lot can be split in accordance with Arizona Revised Statutes given that the minimum requirements of The Zoning Ordinance and The Subdivision Ordinance for the Town of Fountain Hills are met. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS PLANNING &ZONING AND STAFF REPORT April 15, 1999 CASE NO: S99-005 LOCATION: 15554 E. Tepee Dr. aka Lot 33, Block 2, Final Plat 505A. REQUEST: Consider approval for the Preliminary and Final Replat of "Lot 33, Block 2, Fountain Hills Arizona Final Plat No. 505A", a lot split project. DESCRIPTION: OWNER: Yucel &Zeynep Yalim APPLICANT: Yucel &Zeynep Yalim EXISTING ZONING: "R1-35" EXISTING CONDITION: Vacant; 119,695.73 sq. ft. (2.7478 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single family: zoned "R1-35" SOUTH: Vacant: zoned "R1-35" EAST: Single family: zoned "R1-10" WEST: Vacant: zoned "R1-35" SUMMARY: This request is for Preliminary and Final Plat approval of a Replat for "Lot 33, Block 2, Final Plat 505A" which is a lot split project. The applicants, Yucel & Zeynep Yalim, propose to create lot 33A, 1.4645 acres, and lot 33B, 1.2833 acres providing the Town of Fountain Hills with a total Hillside Protection Easement of 94,590.42 square feet (2.17 acres). Due to the simplicity of this request a two week review process was allowed. The following agencies submitted the following comments: Fountain Hills Fire District: Approved FHFD Chaparral City Water Co.: No comment Engineering Department: No comment Community Development Department: The proposed lot split is in compliance with the existing "R1-35" zoning and conforms to the regulations of The Subdivision Ordinance of the Town of Fountain Hills including the Hillside Protection regulations. The applicant proposes to utilize the "Hillside Transfer and Protection" option, preserving approximately 70% of the 0 to10% slope areas, 70.2% of the 10 to 20% slope areas, 78.6% of the 20 to 30% slope areas, and 100% of the >30% slopes. The applicant has chosen to transfer the unused 1,213.95 square feet or 10% of the >30% slope area to the 20 to 30% slopes, which accounts for the excess 1.4% of proposed usable area in the 20 to 30% slopes. Staff Report S99-005 2 of 2 Planning &Zoning Commission: At the March 25, 1999 Planning & Zoning Commission meeting this agenda item was recommended approval unanimously. There were some concerns by the Commission that this lot split would increase the density of this "R1-35" residential district. This proposal meets all minimum Zoning and Subdivision requirements for the "R1-35" Residential Zoning District. Town Council: At the April 1, 1999 Town Council meeting Councilwoman Hutcheson made a motion to continue the request to allow the Town Attorney to provide a written opinion regarding the legalities of this application. Town Attorney William Farrell will provide members of the Council with a written opinion prior to the April 15, 1999 meeting. The Town Attorney has notified staff that this lot can be split in accordance with Arizona Revised Statutes given that the minimum requirements of The Zoning Ordinance and The Subdivision Ordinance for the Town of Fountain Hills are met. RECOMMENDATION: The proposed lot split is in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Planning and Zoning Commission recommends approval of the Preliminary Plat and Staff recommends approval of S99-005; "Final Replat of Lot 33, Block 2, Fountain Hills Arizona Final Plat No. 505-A". L JT k wO R f} TOWN OF FOUNTAIN HILLS 14Z:se COMMUNITY DEVELOPMENT DEPARTMENT tmmmmimi ....m......m... ........m...mmi•mu.m..m.....m.......m- ._ ,z �E =_MINARY�PLATIAP ATIONV �~£:� i�;ate.._ t - - f� �r Y Date Filed Fee Paid Accepted By ,Iitoume y .2 9, 19 f I 0 WO Plat Name/Number PL,4T $ S/? / 8t.de/r - 4e r 33 Parcel Size Number of Lots 14 0 '7l Beres Number of Tracts / Zoning R/ —3 s— General Plan Land Use Designation Zesae.44:4./ — .f,`.11/e .N,Jy Density Requested (Dwelling Units Per Acre) Applicant Day Phone Yu c e 1 et Z e yn e 414," 83 7— 3437 Address City ST Zip SSSy ,'—e 1>te firive. ,f t#i ,%, NA AZ p57:744" caner Day Phone Yvee l ,. Ze y n e p Ar/,'.ry 717-343 7 Address City ST Zip 1 SSSV E. Tete e- vi►.'✓e /»u04:., $4 A 2- is- Attachments (Please list) LQAI .sp/i* P14 f / QPO eye Qi:v.'d; J 0,4 4.04- 33 rn /o Lp Ai 33I4 94 33 8 Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. 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Farre/y l Town Attorney DATE: April 15, 1999 RE: "Lot Splits" This office has been asked to provide you with a brief written opinion regarding the issue of dividing land by a property owner. The division of land is commonly referred to as a lot split or a land split. The authority of the Town of Fountain Hills to regulate the division of land comes entirely from the State Legislature as part of the State Enabling Act that gives the Town its powers of zoning, general planning, and building codes. The pertinent statutes are A.R.S. § 9-463 and A.R.S. § 9- 463.01, and a copy of each statute is attached to this memo. Your attention is specifically addressed to § 9-463. which defines a land split as the division of improved or unimproved land whose area is 2 1/2 acres or less into two or three tracts or parcels of land for the purpose of sale or lease. Any division of improved or unimproved land into four or more parcels of land for the purpose of sale or lease is considered a subdivision, and the requirements of A.R.S. § 9-463.01 then come into play. This process of subdividing typically converts the improved or unimproved land from a metes and bounds legal description to a subdivision description. Should a property owner decide to subdivide his property, the Town has adopted an extensive body of regulations known as the Subdivision Ordinance. Should the division of land not be a subdivision, i.e., only two or three lots, then the Town does not have the authority to regulate those divisions unless the total area is 2 1/2 acres or less. The issue before you this evening deals with a request by a property owner to divide an existing lot in an existing subdivision into two lots. This division of land is considered a replatting of an existing platted subdivision. Section 207 of our Subdivision Ordinance sets forth the Town L Memorandum Re: "Lot Splits" 4 April 15, 1999 kuw Page 2 approved conditions under which a division of a lot in a recorded subdivision or the change of any lot line in a recorded subdivision shall proceed. Basically,the regulations are set forth in Section 206 which indicates all of the actions that a person wishing to split an existing lot must comply with. The applicant in this case has complied with all of the provisions of Sections 206 and 207 of the Subdivision Ordinance for the replatting of a previously platted subdivision lot. It is my opinion that a decision to deny the replatting would be challenged on the basis that it was arbitrary and capricious;therefore, it would be my recommendation that you look with favor upon the requested action to allow the splitting of this lot. Respectfully submitted, H/..dite4A. 1)Lty William E. Farrell Town Attorney WEF:pf r 9-463 - Definitions Page 1 of 2 •, wE: . ALIS Online 9-463 . Definitions In this article, unless the context otherwise requires: 1. "Design" means street alignment, grades and widths, alignment and widths of easements and rights- of-way for drainage and sanitary sewers and the arrangement and orientation of lots. 2. "Improvement" means required installations, pursuant to this article and subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control devices as a condition to the approval and acceptance of the final plat thereof. Q"Land splits" as used in this article means the division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. 4. "Municipal" or "municipality" means an incorporated city or town. 5. "Planning agency" means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, the legislative body itself, or any combination thereof. 6. "Plat" means a map of a subdivision: (a) "Preliminary plat" means a preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of this article and those of any local applicable ordinance. (b) "Final plat" means a map of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with the provision of this article, those of any local applicable ordinance and other state statute. (c) "Recorded plat" means a final plat bearing all of the certificates of approval required by this article, any local applicable ordinance and other state statute. 7. "Right-of-way" means any public or private right-of-way and includes any area required for public use pursuant to any general or specific plan as provided for in article 6 of this chapter. 8. "Street" means any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to law or a street in a plat duly filed and recorded in the county recorder's office. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space,bridges and viaducts. 9. "Subdivider" means a person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files application and initiates proceedings for the subdivision of land in accordance with the provisions of this article, any local applicable ordinance and other state statute, except that an http://www.azleg.state.az.us/ars/9/463.htm 4/1/99 9-463 - Definitions Page 2 of 2 individual serving as agent for such legal entity is not a subdivider. 10. "Subdivision" means any land or portion thereof subject to the provisions of this article as provided in section 9-463.02. 11. "Subdivision regulations" means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of this article or any prior statute regulating the design and improvement of subdivisions. Bills I Members I FloorCalendars I CommitteeAgendas I Session Lawsl Statutes) Arizona Constitution Click here to return to the A.L.I.S. Home Page. L L http://www.azleg.state.az.us/ars/9/463.htm 4/1/99 9-463.01 - Authority Page 1 of 3 ALIS Online 4111, 9-463.01 . Authority A. Pursuant to the provisions of this article, the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits. B. The legislative body of a municipality shall exercise the authority granted in subsection A of this section by ordinance prescribing: 1. Procedures to be followed in the preparation, submission, review and approval or rejection of all final plats. 2. Standards governing the design of subdivision plats. 3. Minimum requirements and standards for the installation of subdivision streets, sewer and water utilities and improvements as a condition of final plat approval. C. By ordinance, the legislative body of any municipality shall: 1. Require the preparation, submission and approval of a preliminary plat as a condition precedent to submission of a final plat. co 2. Establish the procedures to be followed in the preparation, submission, review and approval of preliminary plats. 3. Make requirements as to the form and content of preliminary plats. 4. Determine that certain lands may either not be subdivided, by reason of adverse topography, periodic inundation, adverse soils, subsidence of the earth's surface, high water table, lack of water or other natural or man-made hazard to life or property, or control the lot size, establish special grading and drainage requirements, and impose other regulations deemed reasonable and necessary for the public health, safety or general welfare on any lands to be subdivided affected by such characteristics. 5. Require payment of a proper and reasonable fee by the subdivider based upon the number of lots or parcels on the surface of the land to defray municipal costs of plat review and site inspection. 6. Require the dedication of public streets, sewer and water utility easements or rights-of-way, within the proposed subdivision. 7. Require the preparation and submission of acceptable engineering plans and specifications for the installation of required street, sewer, electric and water utilities, drainage, flood control, adequacy of water and improvements as a condition precedent to recordation of an approved final plat. 8. Require the posting of performance bonds, assurances or such other security as may be appropriate 460 and necessary to assure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction. http://www.azleg.state.az.us/ars/9/463-01.htm 4/1/99 9-463.01 - Authority Page 2 of 3 D. The legislative body of any municipality may require by ordinance that land areas within a subdivision be reserved for parks, recreational facilities, school sites and fire stations subject to the following conditions: 1. The requirement may only be made upon preliminary plats filed at least thirty days after the adoption of a general or specific plan affecting the land area to be reserved. 2. The required reservations are in accordance with definite principles and standards adopted by the legislative body. 3. The land area reserved shall be of such a size and shape as to permit the remainder of the land area of the subdivision within which the reservation is located to develop in an orderly and efficient manner. 4. The land area reserved shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. E. The public agency for whose benefit an area has been reserved shall have a period of one year after recording the final subdivision plat to enter into an agreement to acquire such reserved land area. The purchase price shall be the fair market value thereof at the time of the filing of the preliminary subdivision plat plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including the interest cost incurred on any loan covering such reserved area. F. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in subsection E of this section within such one year period or such extended period as may be mutually agreed upon by such public agency and the subdivider, the reservation of such area shall terminate. G. The legislative body of every municipality shall comply with all provisions of this article and applicable state statutes pertaining to the hearing, approval or rejection, and recordation of: 1. Final subdivision plats. 2. Plats filed for the purpose of reverting to acreage of land previously subdivided. 3. Plats filed for the purpose of vacating streets or easements previously dedicated to the public. 4. Plats filed for the purpose of vacating or redescribing lot or parcel boundaries previously recorded. H. Approval of every preliminary and final plat by a legislative body is conditioned upon compliance by the subdivider with: 1. Rules as may be established by the department of transportation relating to provisions for the safety of entrance upon and departure from abutting state primary highways. 2. Rules as may be established by a county flood control district relating to the construction or prevention of construction of streets in land established as being subject to periodic inundation. http://www.azleg.state.az.us/ars/9/463-01.htm 4/1/99 9-463.01 - Authority Page 3 of 3 3. Rules as may be established by the department of health services or a county health department relating to the provision of domestic water supply and sanitary sewage disposal. I. If the subdivision is comprised of subdivided lands, as defined in section 32-2101, and is within a groundwater active management area, as defined in section 45-402, the final plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576. The legislative body of the municipality shall note on the face of the final plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply, pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576. J. Every municipality is responsible for the recordation of all final plats approved by the legislative body and shall receive from the subdivider and transmit to the county recorder the recordation fee established by the county recorder. K. Pursuant to provisions of applicable state statutes, the legislative body of any municipality may itself prepare or have prepared a plat for the subdivision of land under municipal ownership. C)The legislative bodies of cities and towns may by ordinance regulate land splits within their Li, corporate limits. Authority granted under this section refers to the determination of division lines, area and shape of the tracts or parcels and does not include authority to regulate the terms or condition of the sale or lease nor does it include the authority to regulate the sale or lease of tracts or parcels not the result of land splits as defined in section 9-463. Bills I MembersI FloorCalendars I CommitteeAgendas I Session Lawsl Statutes) Arizona Constitution ' 7tt.` Click here to return to the A.L.I.S. Home Page. L http://www.azleg.state.az.us/ars/9/463-01.htm 4/1/99 206. Stage V -- Final Plat/Improvement Plans. This stage includes the final design of the subdivision, engineering of public improvements, and submittal by the subdivider of improvement plans to the Town Engineer, Fountain Hills Sanitary District, Chaparral City Water Company, and other utilities for approval, including the submittal of the final plat for review and action by the Town Council. A. Final Plat Preparation. The final plat shall be prepared in accordance with requirements set forth in this section and shall conform to the approved preliminary plat. B. Improvement Plans. Improvement plans shall be submitted in accordance with the procedures and standards established in Article IV of this ordinance. C. Filing Fee. The subdivider shall, at the time of filing the application(s) for the final plat and improvement plans, pay the Town the final plat application fee and any improvement plan review, permit and inspection fees that are established by the Town Council. D. Title Report. The subdivider shall, at the time of filing the application(s) for the final plat and improvement plans, submit an American Land Title Association (A.L.T.A.) title report certifying that the applicant has title, acceptable to the Town Attorney, for all of the land being subdivided. Lor E. Information Required for Final Plat Submittal. 1. Pre-Final Review. The subdivider shall file with the Community Development Department two full-size (24" x 36") blue or black line copies of the final plat for conventional subdivisions and three copies for PUD's, commercial, office and industrial centers together with a letter of transmittal, indicating "pre-final review requested". This review can take place anytime following the technical review stage. The Department,upon receipt of the pre-final plat submittal, shall review the plat for conformity to the approved preliminary plat, transferring the second copy to the Engineering Department and/or Building Safety Department for their review and approval for conformance to requirements of the Subdivision Regulations, Subdivision Technical Review Committee requirements and the engineering plans. 2. Identification Data Required. a. A title which includes the name of the subdivision and its location by number of section, township, range and county. b. Name, address and registration number of the seal of the Arizona- registered land surveyor preparing the plat. OCTOBER 3, 1996 Article II Page 2-12 c. Name, address and registration number of the seal of the Arizona- registered professional civil engineer responsible for the engineering that is necessary in preparation of the proposed subdivision. d. Scale, north arrow, and date of plat preparation. e. The name, address and telephone number of the property owner. 3. Survey Data Required. a. Boundaries of the tract to be subdivided shall be fully balanced and closed, showing all bearings, distances and mathematical calculations, determined by an accurate survey in the field. The surveyor of record shall also provide a copy of the computer closure, properly stamped and signed showing registration number. All dimensions shall be expressed in feet and decimals thereof. b. Any excepted parcel(s) within the plat boundaries shall show all bearings and distances, determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof. c. Corners of the plat shall be noted and monuments found or set shall be indicated. Each of two corners of the subdivision traverse shall be tied by course and distance to separate section corners or quarter section corners. Portions of any adjacent property between major road intersections shall not be excluded from within the boundaries of the subdivision when needed or required for dedication or improvement of any traffic, drainage, or flood control facility. Such areas may be indicated as excluded tracts after necessary dedications are shown. d. In areas subject to flooding, minimum finished floor elevations shall be shown as determined by the Town Engineer. e. Location and description of cardinal points to which all dimensions, angles, bearings, and similar data on the plat shall be referenced. Each of two corners of the subdivision traverse shall be tied by course and distance to separate section or quarter section corners. f. Location of all physical encroachments upon the boundaries or the tract. g. Total subdivision gross acres. L OCTOBER 3, 1996 Article II Page 2-13 h. Total number of lots and parcels, and the size, in square feet, of each lot or parcel. The size of lots or parcels greater than ten acres in size may be expressed in acres. 4. Descriptive Data Required. a. Names, centerlines, right-of-way lines, courses, lengths, and width of all public streets, alleys, pedestrian ways, and utility easements; radii, points of tangency, curve lengths, and central angles of all curvilinear streets, alleys and intersection corners. b. All drainageways, significant vegetation, rock outcroppings, and other natural features shall be shown on the plat. The rights-of- way of all major drainageways shall be dedicated drainage easements or right-of-way as determined by the Engineering Department. c. All easements for right-of-way provided for public services or utilities and any limitations of the easements. The following notations shall be placed on all final plats: "Construction within easements, except by public agencies and utility companies, shall be limited to utilities or removable section type fencing." d. Location, dimensions and square footage of all lots. 1. All lots shall be numbered by consecutive numbers throughout the plat. "Exceptions", "tracts", and "common open space" shall be so designated, lettered, or named and clearly dimensioned. Ownership and maintenance responsibility for common open space areas shall be indicated on the plat. 2. Location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the Town with the use clearly indicated. 3. Location of all adjoining subdivisions with date, book, and page number of recordation noted, or if unrecorded or unsubdivided, so noted. 4. . - Any deed restrictions or restrictive covenants required or to be imposed upon the plat or any part or parts thereof pertaining to the intended use of the land shall be submitted as a part of the total recording submittal. L OCTOBER 3, 1996 Article II Page 2-14 5. Dedication and Acknowledgement. a. Dedication. Statement of dedication of all streets, alleys, drainage detention/retention basins and drainage ways, pedestrian/bicycle ways, and easements for public use, including sanitation, utility, fire and other emergency related vehicles, executed by the person holding title of record, by persons holding titles as vendees under land contract, by the spouse(s) of said parties, lienholders and all other parties having an interest in the property. If lands dedicated are liened, the lienholder shall also sign the plat. Dedication shall include a written location by section, township, and range of the tract. If the plat contains private streets, the public easement which shall be reserved shall include the right to install and maintain utilities in any approved private street, including refuse collections, fire and other emergency services. b. Acknowledgment of Dedication. Execution of dedication shall be acknowledged and certified by a notary public. 6. Required Certification. a. Certification by the Arizona-registered land surveyor preparing the plat that the plat is correct and accurate and that the monuments described in it have either been set or located as described. All maps shall contain the seal of a registered land surveyor, as per Arizona Revised Statutes (ARS). b. Certification by the Director of the Arizona Department of Water Resources that Chaparral City Water Company or its successors has an assured water supply for the subdivision in accordance with Section 45-576 of the Arizona Revised Statutes. 7. Discrepancies, errors and omissions are noted on the pre-final copies and returned to the subdivider or his/her representative for correction. When corrections are minor, the Department shall give notification of the next Town Council meeting date and its associated resubmittal cut-off date. When corrections or discrepancies are of major importance or of a significant nature, the Department staff may require a second review prior to scheduling the plat for Town Council action. 8. The subdivider shall make all required corrections prior to submitting for Town Council action. The submittal shall include one 81/2" x 11" PMT of all final plat sheets in the set and three full-sized, 24" x 36" set of blue or black line paper prints of all final plat and improvement plan sheets to the Department, along with a letter of transmittal requesting to be scheduled for Town Council approval. OCTOBER 3, 1996 Article II Page 2-15 F. Certifications. _ 1. Prior to Town Council approval, the following certifications shall be made: a. Certification by the Town Engineer of plat approval and that all engineering conditions and requirements have been met and that the improvement plans have been completed and approved by the Town Engineer. b. Certification by the Community Development Director of plat approval and that the final plat meets all Subdivision Ordinance regulations. G. Final Approval. 1. The Town Council shall approve the Final Plat. 2. Within 30 days of Town Council approval of the final plat, the subdivider shall submit to the Town the following fees and documents in a form acceptable to the Town: a. Final plat recording fees, and; b. The subdivision improvement construction assurances, and; c. At least two signed mylar copies of all sheets of the final plat and any other documents to be recorded. 3. The final plat shall be drawn in black ink on polyester "mylar", measuring exactly 24" x 36" with a left hand margin of 2 inches and be drawn to an accurate engineering scale from an accurate survey. The scale shall be approved by the Town Engineer. The applicant shall also submit a computerized drawing of the final plat in a file format required by the Town of Fountain Hills. 4. The applicant shall submit, prior to final plat recordation and at the time of mylar submission,computerized file drawings of the final plat and some • or all of the approved improvement plans in a file format required by the Town of Fountain Hills. 5. Certification of Town Council approval of the final plat, under the signature of the Mayor. 6. Certification by the Town Clerk attesting to the to the mayor's signature and the date the map was approved by the Town Council. 7. When the certificate of approval by the Town Council has been transcribed Low on the plat, the Engineering Department shall retain the recording copy until the Town Engineer certifies that the subdivision has been staked; that the engineering plans have been approved; computer closure of the plat has OCTOBER 3, 1996 Article II Page 2-16 been received; that the subdivision improvement construction assurances are in the form and amount to the satisfaction of the Town Engineer and the Town Attorney, along with the Engineer's estimated cost of said improvements has been received; and that any drainage or other restrictive covenants have been signed, notarized and received from the subdivider. 8. Upon receipt of the fees and documents listed in subsection 7 (above), the Town shall then cause the final plat to be recorded in the office of the County Recorder. 9. Certificate of recordation by the County Recorder is caused to be placed on the recording copies and filed in the office of the County Recorder. (Copies with book and page number can be requested by the subdivider for the County's standard fee). 207. Replats. A. Any division of a lot in a recorded subdivision, or any change in lot lines in a recorded subdivision, shall be processed in accordance with Section 206 of this Ordinance, after a pre-application conference with Town staff as provided in Section 202 of this Ordinance. B. Any replat involving the dedication of land for a public street or any off-site public improvements shall comply with all procedures set forth in Article II of this Ordinance. If the abandonment of a street, alley or public utility easement or other recorded easement in a previously recorded subdivision is necessary, the replat of that area shall be processed concurrently with the abandonment and recorded immediately subsequent to the recordation of the abandonment. 208. Abandonment of a Recorded Subdivision. A. Pursuant to the provisions of Title 28, Chapter 14, Article 1, Sub-sections 28-1901 through 28-1908, ARS, the abandonment of all or part of a recorded subdivision may be initiated by written petition to the Town Council. The petition shall be signed by all owners of real property in said subdivision requesting abandonment of all streets, alleys and easements within said subdivision and giving the legal description and recording information thereof. B. Applications for the abandonment of a recorded subdivision are filed with the Community Development Director and referred for recommendation to the Town staff and the appropriate utility companies. After Town Council approval of the abandonment of any streets, alleys and easements within the subdivision, and after Town Council approval of the Abandonment Resolution for the recorded subdivision, and after the abandonment resolutions are recorded with the Maricopa County Recorder's Office, the subdivision is removed from the official maps. L OCTOBER 3, 1996 Article II Page 2-17 ?etb #) AI97i f L Of qL1i-1 t ' V bf 33 ILA PL& 6'o5 /r1- 1 5 8 61 E 7-7.6pcx e o/A I BILL Dec -:R 15-173- 81. 4 /,,411-OR . 837-VT6 o 6111- (-0 1 457 3 IAN/2 q O' -k-e R. )5`17? f3 L4c 1314 dP s A-Ay►-it Tact A090 5DrU 15Y7o / LAck &Poi Y Roby P.�,9-AsoJ / Sy7o igLi tt 1gial D�2 q16-->440 cf 0 v 4- o f Toc.ts -,‘ 5'.(it„v ih,/chi,V s o>V 15574. £ . 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Vt rw)/4 ttP.e cs i 15VID teP- ? 40 0 r 17 C! /l C o o i< 1-Atk O,; ©5-2, " • -24 77 1.6 ye/-3 pt . ,Ink (4./e\ 4i/Cf A fa) . v\r64 , ,436_0c_bo 471) • Z L-A S 14065& ,g )._ igt ,s--ese-<7 76 -Dx_ a 37" -7'4 57 o�-(62-4J/ 2f RDA) v O - 16757 a'• 7�.epQD )0/to g'/6-//2 3 0 eflao e rt/, 24 :4,4 /ris /I z- 4 E,4e2.6,ele cr3?-14//c5 41111 a7 Aa-fe /n r Lr--o rz /61 l 7'1). d2 g'37-5537 g v ,3 / L L 1 / r U n Ai lv o a 4, O Y£R /. ao /c C r- /3 74z 0791 OA/2OLy,j K. 11cOA1\fLESs i34ro �_ �� k37_3Li2.4 Oak, � �- 3 n (?.-p r? ALJ 8007141 /56 33 E �ai,I (LA 37-776 6 Chron 98 TOWN OF FOUNTAIN HILLS .• MEMORANDUM TO: Honorabl Mayor and Town Cou I div FROM: Ra d L. rrel, Town Enginee , r oft, THROUGH: Pa o own Manager DATE: April 999 RE: Slurry Seal Bid Award Bids will be opened for the Annual Slurry Seal contract on Tuesday, April 13. Staff anticipates having a recommendation regarding bid award to the Council prior to the Council meeting. Please recall that Southwest Slurry Seal has had our annual slurry seal contract for the past 3 years (the initial year plus two, 1-year contract extensions). The new contract includes microsurfacing, as well as slurry seal and slurry stripe obliteration. We intend to utilize microsurfacing on our high traffic arterial streets, including Saguaro, Grande, Palisades, and Shea Blvd in the next 3-year time frame. bb L SS Bid Award.doc Town of Fountain Hills Memorandum DATE: April 9, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Direct W THROUGH: Paul L. Nordin,Town Manager SUBJECT: The Eagle Mountain Parcel 13 REVISED preliminary plat,Case Number S98-50 On February 4, 1999 the Town Council approved a preliminary plat for the Eagle Mountain Parcel 13 subdivision. Eagle Mountain Investors L.L.C.,the applicant, is now proposing a revised preliminary plat for the Eagle Mountain Parcel 13 subdivision, a 41 lot, 25.22 acre subdivision located in the far southeastern corner of the Eagle Mountain development. The applicant is proposing to fill most of these custom lots in order to dispose of accumulated fill dirt generated within the development. Maricopa County has recently revised their construction plans for the development of Shea Boulevard and the amount of fill dirt needed from the Eagle Mountain development. The County's plans now require a significant reduction in the amount of fill dirt needed for Shea Boulevard. The applicant has been stockpiling fill and had anticipated its use as a part of the Shea Boulevard construction. The revised preliminary plat would permit the lot filling if the excess fill is not utilized through the construction of Shea Boulevard. The applicant has agreed to all of the stipulations at the end of the staff report. On April 8, 1999 the Planning and Zoning Commission recommended Town Council approval of this revised preliminary plat by a vote of 5-0. Staff also recommends Town Council approval of Case Number S98-50 with all of the stipulations listed in the attached staff report. TOWN OF FOUNTAIN HILLS STAFF REPORT APRIL 2,1999 CASE NO.: S98-050 LOCATION: Eagle Mountain Parcel 13, south of the Eagle Mountain Parcel 10 and 11 subdivisions and north of the Salt River Pima-Maricopa Indian Reservation. REQUEST: Consideration of a REVISED Preliminary Plat of the Parcel 13 at Eagle Mountain subdivision. PROJECT MANAGER: Jeff Valder DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT:Eagle Mountain Investors L.L.C. EXISTING ZONING: "Ri-10A" PARCEL SIZE: 25.22 Acres PROPOSED NUMBER OF LOTS: 41 SURROUNDING LAND USES AND ZONING: NORTH: Platted land within the Eagle Mountain Parcel 10 and 11 subdivisions, zoned "R1- 6A"and hole Number 2 of the Eagle Mountain Golf Course,zoned"OSR." SOUTH: The Salt River Pima-Maricopa Indian Reservation. EAST: Hole Numbers 5,6 and 7 of the Eagle Mountain Golf Course,zoned"OSR." WEST: Hole Number 3 of the Eagle Mountain Golf Course, zoned"OSR"and the Firerock Country Club development. SUMMARY: On February 4, 1999 the Town Council approved a preliminary plat for this subdivision. In that approval the lots within the subdivision were intended to be sold individually for custom lot development and the lots were not going to be pre-graded. Due to factors both within and outside of the developer's control, the overall Eagle Mountain development has generated excessive cut material. More simply put, the developer has an overabundance of dirt and cannot readily dispose of it. The developer has therefore requested that the Town approve a revised preliminary plat. Although the lots will be sold for individual custom lot development, the developer desires to dispose of much of this dirt by filling most of the lots within the subdivision. Due to the fact that the proposed grading is a significant change to the originally-approved preliminary plat, the developer needs a separate approval of the revised preliminary plat. Staff Report kisor Eagle Mountain Parcel 13: S98-050 April 2, 1999 Page 2 Stipulation number 5, at the end of this staff report, requires several notes to appear on the final plat. These notes will burden the individual homebuilders on these lots, and will require that they develop the individual lots in such a manner that the grading and disturbance regulations of the zoning ordinance will be met. Please see the attached excerpts from the Los Altos Hills Development Agreement. This information may provide you with a better understanding of the regulations applicable in Eagle Mountain. Also attached are the preliminary plat plans. There was only a limited number of grading plans submitted, so none are included as an attachment. The grading plans are on file at Town Hall if any member of the Commission would like to review them. They will also be available for review at the meeting on Thursday evening. Subdivision Design GENERAL DESCRIPTION: The site has not been previously disturbed. The subdivision will take its only access from the extension of Eagle Mountain Parkway, which will be developed to a collector road standard. The original application indicated that all of the proposed lots would be sold as ungraded custom lots. The applicant has revised the application by proposing to pregrade (fill) the anticipated pad locations on most of the lots in the subdivision in order to dispose of extra fill being generated by other developments in the Eagle Mountain development. All of the proposed lots conform to the "R1-10A" zoning district standards for size and lot width,except as noted in stipulation Number 11. All of the proposed roadways conform to those agreed upon in the Los Altos Hills(Eagle Mountain)Development Agreement. Recommendation Staff recommends that the Planning and Zoning Commission recommend Town Council approval of the preliminary plat for the Parcel 13 at Eagle Mountain subdivision,Case Number S98-044, with the following stipulations: 1. Submit a landscape plan with the improvement plans according to Article VI of The Subdivision Ordinance for the Town of Fountain Hills. 2. Revise the grading plans so that all proposed fills on Lots 8, 9, 10, 17, 21, 26 and 33 do not exceed ten feet. 3. Provide street names. 4. Many lot pads will be below the sewer line main: If sewer injector pumps are proposed to serve lots in such condition,provide a note to that affect and indicate which lots. L Staff Report Eagle Mountain Parcel 13: S98-050 April 2, 1999 Page 3 5. Add notes regarding the following on the final plat: A. Provide the total area of disturbance shown on the grading plans for each lot. B. Require that the building footprint (as defined in Section 5.11 B.3.a of The Town of Fountain Hills Zoning Ordinance) of each house is required to be a size equal to at least 25% of the greater of either the area of subdivision disturbance (as described in stipulation 3(A)) or the area of disturbance as proposed on the individual house building permit plans. C. The area of subdivision disturbance(as described in stipulation 3(A) must be included as disturbed area on the individual house building permit plans. D. Require that individual house building permit plans provide for the construction of retaining walls or re-grading of the lot so that the grading regulations, including but not limited to Section 5.11 (C) (3),of The Town of Fountain Hills Zoning Ordinance are met. E. Require that individual house building permit plans include landscaping and revegetation plans for all of the disturbed areas of the lot. 6. Show catch basins, storm drain and proposed drainage easement for sump condition in front of Lot 2. 7. Show catch basins and storm drains to intercept street run-off at sump condition in front of Tract "G" and "F" and show channelization and storm drain with wingwalls to convey off-site run-off from Tract "G" to Tract "F". 8. Show catch basin, storm drain and drainage easement to convey runoff off-site from the low point end of the cal-de-sac,between lots 36 and 37. 9. Provide drainage easement along the most easterly boundary line within lots 39 and 38,to convey run-off by channelization. 10. Show catch basins and storm drain at street "B" near the street "C" intersection to convey run-off and proposed drainage easement if conveying off-site. 11. Extend the Street "C"cul-de-sac so that only two flag lots are shown at the cul-de-sac bulb. Both lots are required to have thirty feet of lot frontage. 12. Per drainage report, show proposed 36" storm drain,channelization and drainage easement within lot 27,to convey run-off off-site. 13. The ribbon curb, as shown on SECTION D-D on Page 1 is unacceptable. Where is Section D-D? 14. Who will be responsible for developing and when will the Parcel 10 and 1 lroad alignment match Parcel 13. 15. Show a typical section for a 12' wide concrete driveway with 2' stabilized shoulders on each side for the common driveway leading to lots 38 and 39. The common driveway grading, utilities, and culvert shall be constructed with the subdivision improvements. Show the driveway to be a Public Utility Easement. Staff Report Eagle Mountain Parcel 13: S98-050 April 2, 1999 Page 4 16. Show a typical section of the emergency access to Parcel 8. 17. Add a 1'VNAE along all unlotted street frontages. 18. 20.Show a 20' PUE for the sewer line at the rear of Lots 18, 19 and Tract"D". 19. Submit documentation (in the form of concept site plans) that Lots 2 and 13 are buildable without variances. These lots have uniformly steep slopes that abut the road and assess drives may be difficult to develop in keeping within a maximum 18% grade and retaining wall maximum heights in the front yard setback of 3.5 feet. Show that a single-family house can be developed on each of these lots without a cut/fill waiver,with a driveway not exceeding 18% slope,within the setbacks,etc. 20. The typical driveway section should be 6" minimum concrete on 4"ABC. 21. Comply with the Town Engineer's technical comments on the Final Plat/Improvement Plans. 22. Prior to final plat recordation, provide subdivision construction assurances to the satisfaction of the Town Engineer. L L a -,•,57 _ ! :01: Z.., „Fi ••' 2:=a ..I 4 '''l "•t ;. 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'--,„:_.--1---- -- ''''' • go •••• : ua I7.. ,,p. <----,\\ „..,'..,,.. f t. so, 1 c \ ' ''':, [41 0 : . 2 el _, ,, • \ h i % ,1 .t. -,, t 1 - -' i ii '01 ill! n .i , o '....=frAta . • ! t rec-Vier, 9 L33HS 3NC[ HaYT ,' ��i a\ I \ s I w ,i,.\ w�\`F. M . a; `_F7 I I_ Yr V, I 73 m; _ R t c I 67--'----- 4n f _,.' ,ram 1- 6Err • .R ONE -- �'', ,, I FoR r/666r LL q9r \ N o �`` "'I! -rttn g. . ,,,,,:, ,_ w J`7J 1�` � o+q" ti q , �\ 7R,cTr'�69 rr9. 133U15�yc•P �''4 if'6, Y � TRACT'D'. to N I E6' ez � t /� ,r, �1' �- a �" g ICE{ _ e - II b 1- / �� \Ji 5-------_/' rF_ e. 06 y 6 SERER WEWEIR6 INGRESS6 EGRESS ELSEMEN• L a � 'yso q 11r I 60�J/', a 6 ' NN `r0 \: CO ,SJ EA 2b$:;f: JJ.JJJJ. 2367r----- --- O. 1 - gm w IC o A o_ Z 1i 1E S 9 w I . m 3El1 7 + riio 4 O _;,eyei v 3 ` — m L ciuJ DEVELOPMENT AGREEMENT THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation and THE SUMMIT WEST, an Arizona joint venture partnership February 8, 1991 Prepared by Scott A. Rose, Esq. O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. One East Camelback Road Suite 1100 Lie Phoenix, Arizona 85012-1656 the foregoing, until the grading permit for the actual grading of the golf course is issued, no grading or fill placement will occur on areas designated for the golf course, except for grading and fill placement which occurs in connection with the construction and installation of the Phase I infrastructure and roads. 1. 6 Future Grading. Future grading permits for (i) portions of the Property not included within the Phase I Grading Plan or (ii) portions of the Property included within the Phase I Grading Plan which the Developer desires to be graded in a manner different from the Plan of Development and the Phase I Grading Plan, shall be governed by engineering standards in effect at the date of application for such grading permits; provided, however, as to portions of the Property which are to be "parcel graded" (as distinguished from portions of the Property which will be individually graded in connection with single lot custom home site sales) in a manner similar to the grading and development methodology used for parcels included within the Phase I Grading Plan, no such engineering standards in effect at such time shall preclude the development of that portion of the Property in question, nor render materially more expensive the development of that portion of the Property in question than would have been the case under the engineering standards applicable to the Phase I Grading Plan (including the Grading Guidelines and grading notes) . Grading on Parcel 3A and on portions of the Property (A) which are to be sold on a single lot custom home site basis; or (B) on which 24731002.V09/020791 9 individual lot grading is to occur on portions of the Property ‘IFr which have been previously parcel graded shall be subject to the engineering standards and ordinances affecting hillside development then in effect. 1.7 Golf Course Open Space. Notwithstanding any other provision of this Agreement to the contrary, the area of the Property devoted to the golf course as shown on the Plan of Development, need not be used for golf course purposes, but throughout the term of this Agreement, not less than eighty percent (80%) of such golf course area shall be kept as open space, which shall mean that residential, commercial or industrial improvements shall not be installed above ground in such area, except such improvements as are compatible with the devotion of such area to open space such as, by way of example only, trails, sidewalks, ramadas, benches, restrooms and amenities that might be found in a park or other open space use. Although the twenty percent (20%) of the golf course area not required to be devoted to open space may be improved for non-open space uses: (i) the total number of residential units to be developed on the Property shall not exceed 1169 (or 1331 if the resort is not built and instead such area is devoted to residential use) , which is the maximum number of units presently provided for in the Plan of Development; and (ii) the area of the golf course open space which is no longer used for open space shall be replaced by other open space area of not less 24731002.V09ro20791 10 presently under Maricopa County jurisdiction and is not a part of the Annexation of the Property and (ii) the Town and the Developer desire that Shea Boulevard be improved. The parties shall therefore cooperate with each other, Maricopa County and other property owners adjacent to Shea Boulevard to provide for the improvement of Shea Boulevard. The parties shall also cooperate with respect to the elimination of the presently existing scenic overlook which is located partially on the Property and partially in the Shea Boulevard right-of-way. 2 . 5 Regulation of Development. Subject to the provisions of Paragraph 1. 6, the rules, regulations and official policies of the Town applicable to and governing the development of the Property shall be those rules, regulations and official policies which are existing and in force for the Town as of the date of the recording of this Agreement, and the Town shall not impose or enact any additional conditions, dedications, rules or regulations applicable to or governing the development of the Property except only as follows: (i) future land use rules, regulations and official policies of the Town which are consistent with and not contrary to the Zoning and land use regulations set forth in the Plan of Development, and which are consistent with the vesting of the Zoning as provided in Paragraph 1. 3 and (ii) future land use rules, regulations and official policies of the Town enacted as necessary to comply with future state and federal laws and regulations, provided that in the event any such state or 24731002.V09/020791 14 federal laws or regulations prevent or preclude compliance with this Agreement, such affected provisions of this Agreement shall be modified as may be necessary in order to comply with such state and federal laws and regulations. To the extent that any rules, regulations or official policies of the Town affecting building height, grading, density or setbacks not specifically enumerated in subparagraphs (i) and (ii) above conflict with the Plan of Development, then the Plan of Development and Zoning shall control. 2 . 6 Moratorium. The parties hereby acknowledge and agree that the Plan of Development contemplates and provides for the phasing of the development of the Property and no moratorium, ordinance, resolution or other land use rule or regulation or limitation on the rate, timing or sequencing of the development of kore the Property or any portion thereof shall apply to or govern the development of the Property during the term hereof, whether affecting parcel or subdivision maps (whether preliminary, tentative, vesting tentative, or final) , building permits, grading or grading permits, occupancy permits or other entitlements to use issued or granted by the Town, except as otherwise provided in Paragraphs 1. 4 , 2 . 5 (i) 2 . 5 (ii) , 2 . 7, 2 .8 and 2 .9 . Except as provided above, the Developer shall continue to be entitled to apply for and receive approvals for the implementation of the Plan of Development and Zoning in accordance with the rules, regulations and official policies applicable to and governing the development 24731002.V091020791 15 ‘6, LOS ALTOS HILLS DESIGN GUIDELINES L VOLUME ONE: SI'1'N, PLANNING SITE PLANNING SUBDIVISION LAYOUT In hillside development, especially with existing topography of 15% or greater slopes, creative site planning is essential. An example of a typical subdivision layout is shown on Exhibit A which indicates a double- loaded street. This layout maximizes the number of lots in terms of the amount of infrastructure (water, sewer, paving, etc.) needed to serve the lots. In hillside development, double-loaded streets must be carefully treated. On the downhill side, terraced retaining walls, berms and/or planting are required to soften topographic change resulting from fill conditions. On the uphill side structures must be designed to accommodate a living area on the second and possibly third levels, as well as to soften topographic changes due to "cut" conditions. An alternate layout utilizing a single-loaded street is shown on Exhibit B. For the best in hillside planning, varied and flexible standards will produce the most exciting and efficient results with each subdivision being viewed on a case-by-case basis including possible combinations of single and double-loaded street patterns. Los Altos Hills 8 SITE PLANNING cor SUBDIVISION LAYOUT I DOUBLE-LOADED STREETS I 1 \ • --_______ 1 .\ •X . LaT !3 I / . \ 1 \ t-- ± --- • "---.... - \ 1 .\ \ . S7t e 9rarGr5r ,66/ow .1 �L4 //I//.21 -, �e e/ P/7// .74.5 w// -i-tro% L OvAeloor Ap7-4,4Ci • v , ,4 jr.A. l 1 1 407 6 ALA 0kVA LOT A >"" EXHIBIT A Los Altos Hills 9 SITE PLANNING 4116, SUBDIVISION LAYOUT SINGLE-LOADED STREETS �Lo7 ill1 / I 1 / / T i I L074 • I I I • ii, i� i I1 ....-. il-LZ )}-' i Inc I / 11 1 / : J i . 1 dou/nhi// v'e w.� 7roi77 64?C z/n f r— L542Gd O/"tJ71 ,oea/ P-eforii ind Le./0//. 1 I 1 1 i I L oT C ,ed4OW 4 Lof ,a .eogovva y LoJ-A 4 > 4 l EXHIBIT B ,, Los Altos Hills 10 SITE PLANNING PROTOTYPICAL SITE PLANS MEDIUM TO LARGE LOT RESIDENTIAL 8,000 sq. ft. minimum lot size The medium to large lot, single-family development should produce a variety of designs from lot to lot. The general development standards for all construction encourages variety. Fences and walls delineating property boundaries are prohibited. Architects and builders are encouraged to design exterior courts, patios and privacy areas to be contained within walls which are extensions of the main residence with forms, materials and colors which relate to the larger structure. One significant aspect of the larger lot (1/3 ac. min.) is the space between construction. Each builder/developer is encouraged to establish "building envelopes" for all lots over 14,000 sq.ft. which define "private", "natural" and "transitional" site zones as shown on Exhibits Fl and F2. • Los Altos Hills 17 SITE PLANNING PROTOTYPICAL SITE PLANS MEDIUM TO LARGE LOT RESIDENTIAL . i? ' •/jLJ . / • ►� I . `I .1,f�, 1 I ,,Z Iv:: i i ,...:. .., • •-•egge - I z... --- . --. -----1-----• ------. --L. . - ..-----4 •54,e.d ,,de, yard 2e n/a ,nqq eve// ay` 7ier�acee f (n I r7 I > . oP 1 I Pt :....... tillIIIiI1E, ..� 11 . ii1 40, ' Alt* J.cib.5 fo7n fie//andaca�ot. 0Van 7' tt/4//�.,n �rcn14 ....5 oe. drive arJicv/074a a//Sidee .s/000 3/de y407-4' 3114, d>crin 77 Ar.--/-owe .nnCifi11III '11Illhn.. t/6e Yek TCnee above rraae. I ile, 1 /v/ace /ar o!s c fie, -.,� in f,-on7`of wa//3 EXHIBIT Fl Los Altos Hills 18 SITE PLANNING PROTOTYPICAL SITE PLANS MEDIUM TO LARGE LOT RESIDENTIAL 1 o/0%oed rG!ainin 9' u/a//-. i K aii(A /4rj/L P�4 /'4/A75 r lli • -16:17. Ili �'/'�`� - -111111P/./ _ Zi it - --, /Ceo'r 74,0 �� ;' ,� 74 Azi" : - ' • Lecdfc-Far-aye 6e/ow by/.q /eve/ on ,u�/,i//.iley,e, . ...7:,e/„\ 4f� D ' ,vfdoor /ivin �ei-��rce .�`\``� ift r7 frrn7`[,srrq '''---\'4\,,, to \ 4,G d.-,✓e, 011 6 , , ,e, --..... --____----, , i .-,.. ---..--z......r... OIL � Og , .P,�I��; '/771U¢r6 • �•. /741v/ mace/ fi%/ EXHIBIT F2 Los Altos Hills 19 SITE PLANNING ARCHITECTURAL SITE WALLS/SLOPE CONDITIONS Development in hillside areas obviously requires modifications to the terrain. Retaining walls are preferred if designed as a cohesive architectural element in lieu of sloped fill at horizontal pads, unless the slope is minimized and fully revegetated. Walls shall be designed as interesting architectural forms. They should be curvilinear or articulated to break up otherwise large surfaces. In many instances,terraced or stepped retaining walls will provide the most appropriate solution. Tops of continuous fences and retaining walls shall be stepped to accommodate the topography and provide interest. Where possible,walls should meander to provide planting "pockets" and recesses. Generally, walls shall not exceed six (6) feet in height. Walls which by necessity of the topographic or other constraints exceed the six (6) feet maximum will be considered on a case by case basis and must include a minimum of one stepped back planting area or other means of articulation. The burden of proof of an appropriate acceptable visual character will rest with anyone who proposes walls which exceed the standards. Only those proposals which demonstrate clear visual benefit will be approved. See Exhibits Jl, J2, Kl and K2. Where continuous walls exists along the perimeter of the golf course, the height of the wall shall not exceed six (6) feet with three (3) feet above the wall open to view using metal fencing. Where slopes do occur, they shall not be steeper than 3:1 unless specifically approved, and P P Y PP shall be revegetated in accordance with the landscaping criteria to be more fully developed in Volume III of the Design Guidelines. Where cuts occur, terraced planting areas are encouraged to stabilize the slope. Slopes which do not exceed 3:1 may be stabilized with revegetated planting. Where sloped cuts and fills are greater than 3:1, the geological stability of the slope must be certified by a geotechnical engineer. No cut shall exceed 60 feet in height, unbroken by another element, and must be recontoured and revegetated to a natural appearance. Los Altos Hills 23 SITE PLANNING ARCHITECTURAL SITE WALLS .e:vX. 04,a 3 c.3Lo fl 2 , 4 N7/4/G C�'J V/ALL //ss r-71/n 0710,7 G 07T.Se74 fr-TP 9 z` e"Cee0/5 I A • C,1 ! As" I �7TE PPEO ,42. 7.A/N/NG. WALL. Ltia// leve_.%7V47,4,74:7 _ r I Ate , �3/Nre1.L AZ771//V/NG 1464LL EXHIBIT J1 • Los Altos Hills 24 SITE PLANNING Cof ARCHITECTURAL SITE WALLS c5fa6,43,...el (541:, �roc ) rr,v'y be. r-ca.74v 7. 0,n pi,. s/ /pe, ►,'" NA , _ r- • . . rw / /, , Lr____ ter' � -T i � ' ., ,r rT dre d O Cv . .77aX `! or z.C7/ 44 ‘r iP .,Y14/0_,4, -1) 71,:Ptel ph/4.1 AIre4 64, re/d/n/nq anq/ <3/TG Gc/d//J /Gv/4ere. 00,33/;6/U 74/ /C�ca e- er,--A//eYsircr/ ge ki f eo« en tovr+vgtd Al m imf ee elfee five•/Wd// 7 / -----% r.. • • . . . EXHIBIT J2 Los Altos Hills 25 SITE PLANNING ARCHITECTURAL SITE WALLS dt- / 4IdJ-e_. O'nd1/4.507871e../7 /'G74i r,i�q' c.Ja//sz c+J;th /off/.•,-45�a�/vi./q ''IIVI(Iil 101111111111.7 4fru, . . rel -1:7"''c'' -..../.,,,..- . I •i f vi .i,, • :.. 1 c • -' .... la i . Sir*/ . 1. 01 • fir„ N 1 i "p-• —lite.p..- -. . puitillii:Liakit, , / t Of ' 4 ir' .... . I , -tc.. 44- .1'4. i. 1 •1,- 4fir" Vii EXHIBIT Ki Los Altos Hills 26 SITE PLANNING or ARCHITECTURAL SITE WALLS . . Ot 1 ;* v/vi kfPa r . . , . L. wQ// /o//w:N . - • \ Ir.' 11 A _-'_�/ 1 Viii lip % . , % �." . yii% v a/ �, j / ' '- , <+/i/1aivs /Ave f.• i 9�,9*4fP W\ - 1 5/ 7,-d, 4 •; -4,,,,... *.z. .• • tllIllrttN.N._.N._\_1_\....ss..s......:..H -T .---'----"----- --- t _ ,. , —...................... /,,, - 41-,, / A .,___ 't k r "s. . • . • •,,,. . 0 EXHIBIT K2 ,,. Los Altos Hills 27 SITE PLANNING SETBACKS AND MASSING LARGE CUSTOM LOTS 14,000 sq. ft. Minimum The development of each lot as illustrated on Exhibit L1 will be within a "building envelope" which will essentially describe the setbacks from adjacent properties. It is intended that no construction or landscaping be allowed to occur outside the building envelope. There are three basic "zones" as follows: 1. The "Natural" Zone: Between the building envelope boundary and the property line. No site disturbance is allowed. Landscaping must remain natural or revegetated as required. 2. The "Transitional" Zone: Between any building wall, fence, equipment enclosures, driveway or parking area, enclosed courtyards and pool areas and the boundary of the "building envelope". Site development in this zone must adhere to the Grading Standards and Landscape Standards, especially relating to driveways, walkways, transitional slopes from thiw building pads as well as Slopes from fences and retaining walls. 3. The "Private" Zone: The "building envelope" will be conceptually established by the developer for each lot. It will take into account vegetation to be preserved, natural rock formations and natural washes. It shall not exceed 50% of the lot; be closer than twenty (20) feet to the front property line (except for side entry garages and driveway areas); nor seven (7) feet from side and rear yards. In a hillside community there may be many factors which describe the building envelope; and each builder/architect shall present evidence of these factors if relief from the above criteria is needed to produce the best results. Los Altos Hills 28 SITE PLANNING SETBACKS AND MASSING LARGE CUSTOM LOTS \-....„ �/-,vetc.lay (. /ooe 6 Gens/c�'r-1 f�o9'rd�by .( ,6v//c/iis `e, or/enTC4/ 1 / w�l G'O/7TOi/�� if=/) / . / r f por ffrs� 7�c Al;7'�i� Aovnc✓eY1ie5 .•-•-•-•-.. +71. _ 1 ---- e;71' o/7 ..e.,,c.71,..er/ ..6.cr../4/..,471. /0,7 va.,, \ _ _ w,7 �elc. wa/,5 l I ,�'IIIIlJ �/� r.\ /7a rol or- •rcvc afo',ceon _'� Ala '/ ` '',/ '�(:'.\1. q / /...___11 �'iJ • . /OW 4/ ea o'-cd -7- _ . fi r//Ti--/cY.e./ T<rrdci r) e O/`' c57/ Pee/ /Owu. /Gve/ o'�as / /'e ir+in9' wd//.S EXHIBIT Li e Los Altos Hills 29 Chron 99 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Co FROM: Ra d L. rrel, Town Engine C 14/ THROUGH: Pa I , Town Manager DATE: April 1999 RE: Summit Estates Subdivision Notification of Grant of Sight Easements Lot 1, Lot 56, and Parcel F MCO has granted sight easements (attached) at the above three locations in the Summit Estates (Crestview) subdivision. Staff had recommended these easements since the preliminary plat review phase of the subdivision. The sight easements are for intersections on the inside of curves — 2 at the Summit Estates Trail/Palisades intersection and one at the Arista Lane/Pulve Court intersection. In accordance with our past practice, no Council action is required for a grant of easement (only for actual property dedication). This notification to the Council is for information only. bb L Summit Estates Sight Easements.doc When recorded, return to: MCO Properties Inc. 16838 E. Palisades Blvd. Fountain Hills, AZ 85628 ATTN: Linda Lyman GRANT OF EASEMENT AND AGREEMENT TH GRANT OF EASEMENT AND AGREEMENT is made this 97'I day of p{ , 1999, by MCO Properties Limited Partnership, a Delaware limited partnership d/b/a MCO Properties L.P. ("Grantor") and the Town of Fountain Hills, Arizona, a municipal corporation, ("Grantee") with reference to the following: A. Grantor is the record owner of certain real property located in Fountain Hills, Maricopa County, Arizona as described on Exhibit "A" and as depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Area"). B. Grantor desires to grant a sight line easement over, across and through the Easement Area for the benefit of Grantee on the terms provided herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-exclusive easement on and over the Easement Area for the purpose of maintaining views from adjoining streets over the Easement Area, on the following terms. Grantor, its successors and assigns, shall not construct or permit any permanent obstruction of any kind within the Easement Area or install any landscaping within the Easement Area as may obstruct sight lines from adjoining streets at or above elevations of two (2) feet from the surface of such streets, over the Easement Area, without the prior written consent of the Grantee, which consent shall not be unreasonably withheld. 2. Conditions. The grant of easement is subject to the following conditions and limitations: a. Grantee, its successors and assigns, by acceptance of the benefits hereunder, agree to be bound by all existing terms, provisions and conditions of any easements, restrictions, covenants, conditions, reservations, or other encumbrances now in existence or as may be created by Grantor, its successors and assigns, and affecting all or any part of the Easement Area. b. Grantee, its successors and assigns, by acceptance of the benefits hereunder, shall in all events cooperate as reasonably requested by Grantor, its successors and assigns, so as to minimize any disruption of the use of the Easement Area caused by exercise of rights permitted hereunder. 3. Character of Agreement and Easement. This agreement, and rights, obligations, and easement granted hereunder are perpetual and binding on the parties. The rights and obligations contained herein are intended to and shall run with the land, and burden the Easement Area and benefit the Grantee. L 3/31/99 4:49 pin 4. Termination of Easement. a. This agreement and the easement hereunder shall not be terminated by vesting of rights to the Easement Area and the ownership thereof in the same person or person, but only as provided herein. b. This agreement and easement hereunder may be terminated by the agreement of the parties, or their successors-in-interest. Such termination shall take effect upon recordation of a written memorandum of such agreement, signed by all such persons. 5. Miscellaneous. a. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting subsequent modification in writing, signed by the party to be charged, or as otherwise provided herein. b. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties relating to this agreement or the breach hereof, the prevailing party shall be entitled to recover from the losing party actual attorneys' fees, court costs and litigation expenses incurred in connection therewith. c. Severability. If any clause, sentence, or other portion of the terms, conditions, covenants, and restrictions of this agreement shall become illegal, null or void for any reason, or be held by a court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above written. "Grantor" "Grantee" MCO PROPERTIES LIMITED PARTNERSHIP, TOWN OF FOUNTAIN HILLS, ARIZONA, a a Delaware limited partnership, d/b/a municipal corporation MCO Properties L.P. By: MCO PROPERTIES INC., a Delaware By: < i corporation, general partner Name f, { Title: 1 ' r' By: .r Name: 4,.L_ :c iN-04-.) Title: !l• /0' Caw 3/31/99 4:49 pm 2 STATE OF ARIZONA § COUNTY OF MARICOPA § The fore oin instrument was acknowledged before me this `j �2�� ,�/, 1999, by z yt g � , as (�j«. of MCO PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership d/b/a MCO Properties L.P., by MCO PROPERTIES INC., a Delaware corporation, general partner, on behalf of said partnership. OFFICIAL SEAL ; LAURA PETERSEN ��.� , _) Notary Public-State of Arizona Notary Public in and for the % MARICOPA COUNTY O:i� My oomm.expires Sept.17,2001 State of Arizona STATE OF ARIZONA § COUNTY OF MARICOPA § The foregoing instrument was acknow dged before me this 9 day of 1999, by 1L , J , as rk-% yj of the TOWN F FOUNTAIN HILLS, ARtZONA, a municipal corporation on behalf of saC corporation. . tm.su.: OFFICIAL.SEAL ' i : BETTY BRANNON . Notary Public• AnionsNotaryPublic in and for the �V MARICOPA COUNTY My Comm.expires May 15,2001 State of Arizona L 3/31/99 4:49 pm 3 November 5, 1998 Exhibit A LEGAL DESCRIPTION Easement Area LEGAL DESCRIPTION OF A PORTION OF LOT 56, AS SHOWN ON FOUNTAIN HILLS, ARIZONA, FINAL PLAT, THE SUMMIT ESTATES RECORDED IN BOOK 481, PAGE 17, MCR. A portion of the southwest quarter of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Fountain Hills, Maricopa Country, Arizona, more particularly described as follows: Commencing at the street centerline intersection of Arista Lane and Ventura Court a point on a curve concave northeasterly and having a radius of 260.00 feet; Thence southeasterly along the centerline of said Arista Lane along the arc of said curve through a central angle of 18 degrees 39 minutes, 12 seconds, and arc length of 84.65 feet; Thence North 07 degrees 00 minutes 20 seconds West a distance of 25.00 feet to the TRUE POINT OF BEGINNING on the northerly right-of-way line of Arista Lane, said point also being a point on a curve concave northerly having a radius of 235.00 feet; Thence westerly along the arc of said curve through a central angle of 19 degrees 52 minutes 07 seconds an arc length of 81.49 feet to a point on said curve; Thence departing said right-of-way North 83 degrees 29 minutes 16 seconds East a distance of 209.33 feet to a point on the westerly right-of-way line of Pulve Court, said point being on a non-target curve concave northwesterly and having a radius of 20.00 feet; Thence southwesterly along the arc of said curve through a central angle of 66 degrees 57 minutes 58 seconds, a distance of 23.38 feet to a point of tangent on the northerly right-of-way line of said Arista Lane; Thence South 82 degrees 59 minutes 40 seconds West a distance of 112.41 feet to the TRUE POINT OF BEGINNING. This parcel contains an area of 0.0534 acres more or less. LAN 16545 11= RANDY L. • hi,:RRE\ \•'''c ON. • �5t• E:\Legal\lot 56 1 EXHIBIT "B" TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION THE SUMMIT ESTATES, LOT 56 CURVE TABLE CURVE LENGTH RADIUS DELTA LINE TABLE C1 92.71 235.00 22'36'14" LINE LENGTH BEARING C2 219.07 200.00 62'45'32" L1 112.41 S82'59'40"W C3 214.25 225.00 54'33'26" L2 30.50 N55'45'12"E C4 253.23 260.00 55'48'13" L3 30.50 N07'00'20"W C5 84.65 260.00 18'39'12" / L4 19.88 N1118152"E C6 162.76 200.00 46'37'38" \ L5 25.00 N07'00'20"W / C7 30.23 20.00 86'36'22" / \ 4/ C8 23.38 20.00 66'57'58" 'ti SS- LOT 55 C9 81.50 235.00 19'52'11" �68�, f�� LOT 57 / \ LOT 54 / , R= 0 o - / o , - ,. / LOT 56 / /�J� SCALE: 1"= 80'6 ,,, / ____ DATE: 11/5/98 p=02'44'03" �i / L=11.21' v iLOT 53 R=235.00' / /4 0.05348 I� P=19'38'24" / C9 ACRES L=6.68' T R=20.00' N 209.33' -'• ' "E ;.\\4 N83'2916— — — — � �— c 1 �� 15s a9'___--�- - LANE , 1tc 175.58 AFtIS S82'59' _ � - - -_ `\� C5 40 � ki LOT 38 0 / - - _ ,. NEW SIGHT G . LAN• \ J 0/ EASEMENT ) ¢ •` �w o F / LOT 45 / `` 16645 0 c ifa: RPt'DY L /z ., � � / / `\ ,, HAR1 EL;�. i �... When recorded, return to: MCO Properties Inc. 16838 E. Palisades Blvd. Fountain Hills, AZ 85628 ATTN: Linda Lyman GRANT OF EASEMENT AND AGREEMENT / THIS i GRANT OF EASEMENT AND AGREEMENT is made this / r day of Ci , 1999, by MCO Properties Limited Partnership, a Delaware limited partnership d/b/a MCO Properties L.P. ("Grantor") and the Town of Fountain Hills, Arizona, a municipal corporation, ("Grantee") with reference to the following: A. Grantor is the record owner of certain real property located in Fountain Hills, Maricopa County, Arizona as described on Exhibit "A" and as depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Area"). B. Grantor desires to grant a sight line easement over, across and through the Easement Area for the benefit of Grantee on the terms provided herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-exclusive easement on and over the Easement Area for the purpose of maintaining views from adjoining streets over the Easement Area, on the following terms. Grantor, its successors and assigns, shall not construct or permit any permanent obstruction of any kind within the Easement Area or install any landscaping within the Easement Area as may obstruct sight lines from adjoining streets at or above elevations of two (2) feet from the surface of such streets, over the Easement Area, without the prior written consent of the Grantee, which consent shall not be unreasonably withheld. 2. Conditions. The grant of easement is subject to the following conditions and limitations: a. Grantee, its successors and assigns, by acceptance of the benefits hereunder, agree to be bound by all existing terms, provisions and conditions of any easements, restrictions, covenants, conditions, reservations, or other encumbrances now in existence or as may be created by Grantor, its successors and assigns, and affecting all or any part of the Easement Area. b. Grantee, its successors and assigns, by acceptance of the benefits hereunder, shall in all events cooperate as reasonably requested by Grantor, its successors and assigns, so as to minimize any disruption of the use of the Easement Area caused by exercise of rights permitted hereunder. 3. Character of Agreement and Easement. This agreement, and rights, obligations, and easement granted hereunder are perpetual and binding on the parties. The rights and obligations contained herein are intended to and shall run with the land, and burden the Easement Area and benefit the Grantee. L H:\W P\SUMMIT.EST\L245 ESM 9.VR2 3/31/99 1 I:32 am 4. Termination of Easement. a. This agreement and the easement hereunder shall not be terminated by vesting of rights to the Easement Area and the ownership thereof in the same person or person, but only as provided herein. b. This agreement and easement hereunder may be terminated by the agreement of the parties, or their successors-in-interest. Such termination shall take effect upon recordation of a written memorandum of such agreement, signed by all such persons. 5. Miscellaneous. a. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting subsequent modification in writing, signed by the party to be charged, or as otherwise provided herein. b. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties relating to this agreement or the breach hereof, the prevailing party shall be entitled to recover from the losing party actual attorneys' fees, court costs and litigation expenses incurred in connection therewith. c. Severability. If any clause, sentence, or other portion of the terms, conditions, covenants, and restrictions of this agreement shall become illegal, null or void for any reason, or be held by a court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above written. "Grantor" "Grantee" MCO PROPERTIES LIMITED PARTNERSHIP, TOWN OF FOUNTAIN HILLS, ARIZONA, a a Delaware limited partnership, d/b/a munici al corporation MCO Properties L.P. By: MCO PROPERTIES INC., a Delaware By: ' corporation, general partner Name ,. Title: /1' By: Name://A AJ/C 4 I C/14 ' Title: fl• H:\WP\SUMMIT.EST\L245ESM9.VR2 2 3/31/99 11:32 am STATE OF ARIZONA § § COUNTY OF MARICOPA § Nei"he fore oing instrument was acknowledged before me this ��a:� / , 1999, by , as 1/1--c-.c. of MCO PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership d/b/a MCO Properties L.P., by MCO PROPERTIES INC., a Delaware corporation, general partner, on behalf of said partnership. OFFICIAL SEAL )j ("y _ LAURA PETERSEN �. Notary Public-State of Arizona j1}j! Notary Public in and for the �r ./ MARICOPACOUN TY ,/ 70.1*i My Comm.expires Sept.17,2001 (! State of Arizona STATE OF ARIZONA § COUNTY OF MARICOPA § by rThe foregoing inst ment was acknowledged/pefore me this 9 day of 1999, oc , . ��'i , as (1�c-vue)b ham' of t e TOWN OF FOUNTAI ILLS, ARIZONA, a municipal corporation on be alh f o said corporation. r OFFICIAL SEAL Il BETTY BRANNON 1 rr ` "u.� - NaEery PIbNo•Ws otAemorr .- MARICOPACOUNTY J 0 rt�' My eomm.exp4e�Miry 75,2oot Notary Public n and for the State of Arizona L H:\W P\SU M M IT.EST\L245ESM9.V R2 3 3/31/99 11:32 am November 5, 1998 Exhibit A LEGAL DESCRIPTION Easement Area LEGAL DESCRIPTION OF A PORTION OF PARCEL F, AS SHOWN ON FOUNTAIN HILLS, ARIZONA, FINAL PLAT, THE SUMMIT ESTATES RECORDED IN BOOK 481, PAGE 17, MCR. A portion of the southeast quarter of section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Fountain Hills, Maricopa County, Arizona more particularly described as follows: Commencing at the street centerline intersection of Palisades Boulevard and Summit Estates Trail; Thence South 87 degrees 42 minutes 07 seconds West a distance of 76.82 feet to a point along the centerline of said Summit Estates; Thence South 02 degrees 17 minutes 53 seconds East distance of 40.00 feet to the TRUE POINT OF BEGINNING; Thence southeasterly along a curve concaved southwesterly and having a radius of 20.00 feet through a central angle 93 degrees 34 minutes 59 seconds an arc length of 32.67 feet to a point of compound curvature on the westerly right-of-way line of Palisades Boulevard, said curve being concave westerly and having a radius of 980 feet; Thence southwesterly along the arc of said curve through a central angle of 08 degrees 47 minutes 57 seconds, an arc length 150.50 feet; Thence departing said right-of-way line of Palisades Boulevard North 81 degrees 44 minutes 33 seconds West a distance of 25.57 feet; Thence North 06 degrees 39 minutes 05 seconds East a distance of 167.50 feet to the TRUE POINT OF THE BEGINNING. This parcel contains 0.0979 acres more of less. 7A;7.-co •e, 1 6�l5 0 HARREL \. b.. Low Summit Estates,Parcel F. Legal doc. ��_5\ EXHIBIT " B" .:',:, \A, TOWN OF FOUNTAIN HILLS EASEMEN T ACQUISITION THE SUMMIT ESTATES �� LOT 1 AND PARCEL F \ LINE TABLE I LINE LENGTH BEARING t \tr) 1 ' L1 118.18 N87'42'07"E \ N I 1 L2 36.81 N8T42'O7"E 5. 5 L3 195.00 S8T42'O7"W -\--* m 1 LOT 100 j L4 139.96 NO1'19'38"W i 'C I 1 10 L5 167.50 NO6'39'O5"E `, r I 11 1 j 1 1 LOT 2 L6 25.57 N81'44'33"W e!w L7 83.21 S0T58'18"E 365.48' a I 1 m N82 0�_42"E �- 1 p 1 i V8 \ rn 1 T., IJ 1 p, '-' oo rn 1 1 A ` \ 11 I 1 \ \\ 0.0335 r LOT 1 ACRES I J rn i I G LOT 101 \ J► \ NEW SIGHT \• EASEMENT �I e F p ��` �'� .c3 TPOB )' I A=0710'OO" '9i ' L=122.58' ..4‘ 6 �s� __ I R=980.00 �� _ L3 �.- NO2'17'53"W Cg 'L TPOB 1 76.82',• 15017'53E 40.00 SCALE: 1"--:- 100' - DATE: 11/5/98 _ 40.00 , to CURVE TABLE 3 rn o I o CURVE LENGTH RADIUS DELTA 1r 6 I j CD ,n Cl 32.67 20.00 93'35'01" °' 0 1 C2 371.40 250.00 85'07'04" PARCEL "F" 0.0979 i d I' 1 C3 431.97 275.00 90'00'00" 1-l:r4� • J ACRES�'� '" NEW SIGHT C4 227.07 300.00 43'22 03 �= /\ I�':r C5 17.57 20.00 50'20'27' ;��,�` E�'�o , F,� � � � � EASEMENT �`:/r 1 u545 J C6 103.03 52.50 112'26'46" r _ _ C7 19.23 20.00 55'04;53" .,r HARREL r L67 C8 28.87 20.87 79'1418 q,c S/ n ed �.Q,. ( / i C9 154.42 980.00 09'01'41" 442UNA, I C10 35.75 980.00 02'05'24" / / I When recorded, return to: MCO Properties Inc. 16838 E. Palisades Blvd. Fountain Hills, AZ 85628 ATTN: Linda Lyman GRANT OF EASEMENT AND AGREEMENT T IS 9RANT OF EASEMENT AND AGREEMENT is made this Iv' day of , 1999, by MCO Properties Limited Partnership, a Delaware limited partnership d/b/a MCO Properties L.P. ("Grantor") and the Town of Fountain Hills, Arizona, a municipal corporation, ("Grantee") with reference to the following: A. Grantor is the record owner of certain real property located in Fountain Hills, Maricopa County, Arizona as described on Exhibit "A" and as depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Area"). B. Grantor desires to grant a sight line easement over, across and through the Easement Area for the benefit of Grantee on the terms provided herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-exclusive easement on and over the Easement Area for the purpose of maintaining views from adjoining streets over the Easement Area, on the following terms. Grantor, its successors and assigns, shall not construct or permit any permanent obstruction of any kind within the Easement Area or install any landscaping within the Easement Area as may obstruct sight lines from adjoining streets at or above elevations of two (2) feet from the surface of such streets, over the Easement Area, without the prior written consent of the Grantee, which consent shall not be unreasonably withheld. 2. Conditions. The grant of easement is subject to the following conditions and limitations: a. Grantee, its successors and assigns, by acceptance of the benefits hereunder, agree to be bound by all existing terms, provisions and conditions of any easements, restrictions, covenants, conditions, reservations, or other encumbrances now in existence or as may be created by Grantor, its successors and assigns, and affecting all or any part of the Easement Area. b. Grantee, its successors and assigns, by acceptance of the benefits hereunder, shall in all events cooperate as reasonably requested by Grantor, its successors and assigns, so as to minimize any disruption of the use of the Easement Area caused by exercise of rights permitted hereunder. 3. Character of Agreement and Easement. This agreement, and rights, obligations, and easement granted hereunder are perpetual and binding on the parties. The rights and obligations contained herein are intended to and shall run with the land, and burden the Easement Area and benefit the Grantee. L 3131/99 4:49 pm 4. Termination of Easement. a. This agreement and the easement hereunder shall not be terminated by vesting of rights to the Easement Area and the ownership thereof in the same person or person, but only as provided herein. b. This agreement and easement hereunder may be terminated by the agreement of the parties, or their successors-in-interest. Such termination shall take effect upon recordation of a written memorandum of such agreement, signed by all such persons. 5. Miscellaneous. a. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting subsequent modification in writing, signed by the party to be charged, or as otherwise provided herein. b. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties relating to this agreement or the breach hereof, the prevailing party shall be entitled to recover from the losing party actual attorneys' fees, court costs and litigation expenses incurred in connection therewith. c. Severability. If any clause, sentence, or other portion of the terms, conditions, covenants, and restrictions of this agreement shall become illegal, null or void for any reason, or be held by a court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above written. "Grantor" "Grantee" MCO PROPERTIES LIMITED PARTNERSHIP, TOWN OF FOUNTAIN HILLS, ARIZONA, a a Delaware limited partnership, d/b/a municip(aLcorporatio MCO Properties L.P. )2 / By: MCO PROPERTIES INC., a Delaware By: l corporation, general partner Name Title: t"3"es, .r By: Name: A , Title: P. P, L 3/31/99 4:49 pm 2 STATE OF ARIZONA § § COUNTY OF MARICOPA § The fore oing instrument was acknowledged before me this `•�4,tc.t✓ 3/ , 1999, by , ram' ,,�� si, , as Lit _�', �. .Cf z,,. - of MCO PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership d/b/a MCO Properties L.P., by MCO PROPERTIES INC., a Delaware corporation, general partner, on behalf of said partnership. OFFICIAL SEAL LAURA PETERSEN I � ��•( Note Public-Stata of AltrOfl �� MARICOPACOUNTY -"�'��-"'� 't��ftL�(i 'time"? My comm.expires Sept 17,2001 Notary Public in and for the s: State of Arizona STATE OF ARIZONA § § COUNTY OF MARICOPA § by �The foregoing ipstrument was acknowledged before me this y day of QC-4-4.' 1999, u � 1".1,� , , as ; ,,� [n x •.c-c- of the TOWN/OF FOUNTAIN HILLS, ARIZZONA, a municipal corporation on behalf of safe corporation. OFFICIAL SEAL "'� BETTY BRANNON L ,"Ik\;: Notary.Public-SLsb of Ntmna + �\� MARICOPA COUNTY O„y+ My comm.axpiea May 16,2CO1 AtZNotary Publi in and for the - -- ---v-o r% =: State of Arizona L 3/31/99 4:49 pm 3 November 5, 1998 Exhibit A LEGAL DESCRIPTION Easement Area LEGAL DESCRIPTION OF A PORTION OF LOT 1, AS SHOWN ON FOUNTAIN HILLS, ARIZONA, FINAL PLAT, THE SUMMIT ESTATES RECORDED IN BOOK 481, PAGE 17, MCR. A portion of the southeast quarter of section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Fountain Hills, Maricopa County, Arizona more particularly described as follows: Commencing at the street centerline intersection of Palisades Boulevard and Summit Estates Trail; Thence South 87 degrees 42 minutes 07 seconds West a distance of 76.82 feet to a point along the centerline of said Summit Estates Trail; Thence North 02 degrees 17 minutes 53 seconds West a distance of 40.00 feet to a point on the northerly right-of-way line of Summit Estates Trail, the TRUE POINT OF BEGINNING. Thence North 01 degrees 19 minutes 38 seconds West a distance of 139.96 feet to a point on the westerly right-of-way line of Palisades Boulevard; Thence south 07 degrees 58 minutes 18 seconds East along the westerly right-of-way line of Palisades Blvd 83.21 feet to a point of curvature concave westerly and having a radius of 980 feet; Thence southerly along the westerly right-of-way line of Palisades Blvd. along the arc of said curve through a central angle of 02 degrees 05 minutes 24 seconds a distance of 35.75 to a point of compound curvature northwesterly and having a radius of 20.00 feet; Thence southwesterly along the arc of said curve through a central angle of 93 degrees 35 minutes 01 seconds a distance of 32.67 feet to the TRUE POINT OF BEGINNING. This parcel contains 0.0335 acres more or less. i ,U rfz Summit Estates.Lot 1.Legal.doc. \46\, EXHIBIT " B" ` \"' ti5 TOWN OF FOUNTAIN HILL S L S EASEMENT ACQUISITION 1.1 , THE SUMMIT ESTATES �� LOT 1 AND PARCEL F„ ` ` LINE TABLE 1 I \ LINE LENGTH BEARING o 1 1 L1 118.18 N87'42'07"E co cp 1 ` L2 36.81 N87'42'07"E \ 1�' 1 - L3 195.00 S87'42'07"W '� _ - �, x __ LOT 100 L4 139.96 N0119'38"W I 1 c L5 167.50 N06'39'05"E ' I 1 LOT 2 L6 25.57 N81'44'33"W N r Er L7 83.21 S0T58'18"E 365.48' \ \\ 7,0 cci 1N\ � O 0.0335 i \r. \ \%\\ \\ LOT 1 ACRES �` rn 1 LOT 101 \ J► \ \. NEW SIGHT )115 73 \ 747\ EASEMENT �I 0 -•-- �` �'� 0 3 TPOB :od=07'10'00. , lir .i. L-122.58 e,\.: \R=980.00' R\ _ L3 .1.- NO2'17 53 W _.,�4 �L a 76.82' 140.00' SCALE: 1"= 100'._.--' TPOB , DATE: 11/5/98 \'- CS ) 4000 53 E CURVE TABLE - 3 ''o 0 CURVE LENGTH RADIUS DELTA - `r`� C6. .. ' t i c,i: n Cl 32.67 20.00 93'35'01" C2 371.40 250.00 85'07'04' PARCEL "F" f ° Si u gz 431.97 275.00 ! :: : • or 227.07 300.00 (---- ic` "�E•h�,� EASEMENT C5 17.57 20.00 5020'2T 1 G545 , ! i C6 103.03 52.50 11226'46' z RANDY L - - -I- a- I-- C7 19.23 20.00 55'04'53" o HARREL L7 C8 28.87 20.87 79'14'18' q / nd !� . , ` C9 154.42 980.00 09'01'41" -'IONA, _ :4 I co 35.75 980.00 02'05'24" 11 `'