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Review Status: Requires Resubmit

Review Details: LAND DIVISION/SUBDIVISION v.2

Plan Number - TD-DIV-0124-00001
Review Name: LAND DIVISION/SUBDIVISION v.2
Review Status: Requires Resubmit
Review Date Reviewer's Name Type of Review Description Status Comments
CDRC Post Review PENDING ASSIGNMENT
External Reviewers - Pima County Wastewater (RWRD) REQUIRES RESUBMIT The applicant is responsible for obtaining review and approval by Pima County, for projects involving RWRD sewers, on-site wastewater treatment facilities and public water systems https://www.pima.gov/1766/Wastewater-Reclamation. The applicant must provide an Approval letter from RWRD, prior to PDSD Approving the permit.
New Services/JOC REQUIRES RESUBMIT TD-DIV-0124-00001 - Land Division_Subdivison v2 – 9190 E VALENCIA RD

1. City of Tucson Planning & Development Services Department, Tucson Water and DTM Real Property Division staff have met several times during the past six months regarding the release of easements via final plat, and the proper procedures for releasing public utility easements.

During these meetings, the following conclusions were reached:
A) The City may abandon only those public easement rights via final plat that were granted to parts of the City of Tucson, such as the Tucson Water Department.
B) The City may not release public utility easements in the same manner as was done six years ago for the Valencia and Nexus Block 1 final plat recorded at Sequence No. 20181310722 for the following reasons:
i. The City of Tucson does not route proposed final plats to all public utility providers who may be using, or planning to use, the existing public utility easements for review and approval.
ii. The City of Tucson is not an authorized representative of all public utility providers operating in the Tucson Metro Area. Nor does it wish to be.
iii. The process used 6 years ago allows an incomplete record of easement abandonments to be created.
C) To do a better job of coordinating with the local public utility providers, and avoid unwanted liabilities, the City must strictly enforce SECTION 11-01.4.0: SUPPLEMENTAL DOCUMENTATION SPECIFICATIONS of the Uniform Development Code Technical Standards Manual. This section requires the developer to obtain from each entity having a record interest in an easement, as shown by a current title report, a recorded or recordable document such as a quit-claim deed or abandonment of easement which relinquishes its interest in the easement.
D) As the City of Tucson will be recording the final plat, not the developer, the recorded quit claim deeds, abandonment of easements or similar documents from the public utility companies must be submitted to the Planning and Development Services Department before PDSD can approve the final plat.

2. Sheet 1 of the proposed final plat: My review comment #2 for the 1st submittal of the final plat was not adequately addressed. It is reproduced below for your convenience:

The wording in both the title and the body of the RELEASE OF PUBLIC UTILITY EASEMENTS BY UTILITY COMPANIES & CITY OF TUCSON block requires revision for the following reason:

The public utility easements were granted to ALL public utility companies by the original Village Center at Rita Ranch, Lots 1 -29 and Common Area “A” final plat recorded at Book 65, M&P, Page 021. The City of Tucson does not own those easement rights granted to those public utilities that are privately owned or owned by other governmental agencies. The City may abandon only the public easement rights that were granted to parts of the City of Tucson, such as the Tucson Water Department.

Please note that the introduction of SECTION 11-01.4.0: SUPPLEMENTAL DOCUMENTATION SPECIFICATIONS of the Uniform Development Code Technical Standards Manual states:

“The interest of the City of Tucson is abandoned by recordation of the final plat. However, the interests of other entities may also have to be abandoned prior to recording the final plat. These entities include, but are not limited to:
• Qwest Communications
• Pima County Wastewater Management
• Southwest Gas
• Tucson Electric Power Company
• Any private cablevision company
• Any private water company”

To determine what public utility companies have the legal right to put underground lines in the existing public utility easements, it may be helpful to submit a Design Request to Arizona 811.

3. My review comment #3 for the 1st submittal of the final plat was not adequately addressed. It is reproduced below for your convenience:

SECTION 11-01.4.1 of the Uniform Development Code Technical Standards Manual states, “The developer must obtain from each entity having a record interest in an easement, as shown by a current title report, a recordable document such as a quit-claim deed or abandonment of easement which relinquishes its interest in the easement. The request for abandonment should be made to the entity holding an easement interest shortly after the City Development Review Committee approval of the tentative plat. This is in order to allow adequate time for relocation of any facilities within the easement prior to abandonment and depiction of the new easement on the final plat.”

Rick Engineering will need to obtain recorded quit claim deeds, abandonment of easements or similar documents from the public utility companies referenced in the introduction of SECTION 11-01.4.0: SUPPLEMENTAL DOCUMENTATION SPECIFICATIONS of the Uniform Development Code Technical Standards Manual.

Note the following:
• Qwest Communications is now doing business as Centurylink.
• Pima County Wastewater Management, has been renamed. It is now the Pima County Regional Wastewater Reclamation Department.
• This project is located within Tucson Water’s service area. It is not served by any private water company, so no private water company will need to release the public utility easements.

4. My review comment #4 for the 1st submittal of the final plat was not adequately addressed. It is reproduced below for your convenience:

SECTION 11-01.4.2 of the Uniform Development Code Technical Standards Manual states, “The developer will record all such documents prior to or concurrently with the final plat and provide a copy of each recorded document to the Planning and Development Services Department (PDSD). These documents do not need to be cross-referenced on the resubdivision plat.”

As the City of Tucson will be recording the final plat, not the developer, the recorded quit claim deeds, abandonment of easements or similar documents from the public utility companies must be submitted to the Planning and Development Services Department before PDSD can approve the final plat.

5. Sheet 2 of the final plat: Show the existing public utility easements created by the Village Center at Rita Ranch, Lots 1-29 final plat, recorded at Book 65, Page 21, Sequence Number 20101020245.

6. My review comment #6 for the 1st submittal of the final plat was not adequately addressed. It is reproduced below for your convenience

Sheet 2 of the final plat: The portions of any existing public utility easements that are to be abandoned must be labeled with their width, type of easement, recording data of the original subdivision plat or separate instrument, and the phrase, “ABANDONED BY SEPARATE INSTRUMENTS AND THIS FINAL PLAT.”

7. A resubmittal of the final plat and a detailed comment response letter is required.

Any questions, comments or concerns about these comments may be directed to:

Tim Rowe, P.E., Civil Engineer
Tucson Water, New Development Section
201 N. Stone Avenue, #2-220
P.O. Box 27210
Tucson, AZ 85726-7210
(520) 837-2106
tim.rowe@tucsonaz.gov
Site Engineering REQUIRES RESUBMIT 1. The existing public utility easements must be released compliant with TSM 11-01.4.0 prior to approval.

Lianne Evans
lianne.evans@tucsonaz.gov
Site Zoning REQUIRES RESUBMIT CDRC TRANSMITTAL

FROM: PDSD Zoning Review

PROJECT: Valencia and Nexus Blocks 1-3
FINAL PLAT (2nd Review)
TD-DIV-0124-00001

TRANSMITTAL DATE: April 24, 2024

DUE DATE: April 22, 2024

COMMENTS: Resubmit revised drawings along with a detailed response letter, which states how all Zoning Review Section comments were addressed.

2-07.1.0 APPLICABILITY
Final plats, block plats, minor subdivisions, and condominium plats shall be prepared according to the requirements provided below. Hereafter referred to as “plat” or “plats.”
A final plat serves as a survey document suitable for recordation of all or part of an approved tentative plat, if applicable. The final plat must conform to the approved tentative plat or site plan in lot configuration, design, and required conditions of development. The final plat, once approved, is recorded in the Pima County Recorder’s Office. The final plat is kept on file and becomes part of the permanent record for the subject site.

ADDITIONAL COMMENTS

1. All easements shown to be released or dedicated by separate instrument shall be recorded and the sequence numbers provided prior to approval of this plat.

RESUBMITTAL OF THE FOLLOWING IS REQUIRED: Revised final plat & detailed response letter.
If you have any questions about this transmittal, please contact Nicholas Martell at Nocholas.Martell@tucsonaz.gov.
CDRC Application Completeness REVIEW COMPLETED