Microfiche records prior to 2006 have not been completely digitized and may not be available yet on PRO. If you can not find what you are looking for please submit a records request.

Plan Number: S04-053
Parcel: Unknown

Review Status: Completed

Review Details: CDRC - ASSURANCES

Plan Number - S04-053
Review Name: CDRC - ASSURANCES
Review Status: Completed
Review Date Reviewer's Name Type of Review Description Status Comments
02/10/2005 MARILYN KALTHOFF START ASSURANCES RECEIVED Completed
02/11/2005 MATT FLICK ENGINEERING FOR ASSIGNMENT Completed Original agreement & amendement to E Eberbach for review. No schedules received.
03/12/2005 ELIZABETH EBERBACH ENGINEERING REVIEW Denied TO: Craig Gross; CDRC Coordinator
SUBJECT: Rio Nuevo Mercado Final Plat Submittal Engineering Review
LOCATION: T14S R13E Section 14
REVIEWER: Elizabeth Eberbach
ACTIVITY NUMBER: S04-053

SUMMARY: The Final Plat, CC&R's , and portions of the assurance package were received by Engineering on February 10, 2005. Engineering has reviewed the received items and does not recommend approval of the Final Plat at this time.

FINAL PLAT COMMENTS:
1) City of Tucson Development Standards (DS) Section No.7-01.4 and DS Sec.2-03.2.3.C: There are easements indicated throughout the plat as abandoned by separate instrument. In some cases these easements are shown to cross proposed lot locations, which conflicts with the status of the easement. The easements shall have a docket and page indicating that they are extinguished prior to approval of the Final Plat.
2) DS Sec.2-03.6.4.A: Address the following other easement comments:
a) The 30-foot drainage easement near south boundary on sheet 5, needs clarification. Address the following comments:
i) Provide delineation of southern limit of the revised 30' drainage easement. Label distances and bearings for all parts of the easement.
ii) Explain whether this revised easement is intended to cross the proposed right-of-way.
iii) Clarify limits of Existing 30' Public Storm Drain Easement that is abandoned.
b) (Provide any recent City of Tucson correspondence for the following comment.) Provide agreements or other documentation from offsite property owners explaining how this plat can dedicate off site. Also, explain purpose of described entities that are not within the Final Plat boundary:
i) Paseo de la Cosecha
ii) The street detail at bottom of sheet 5.
iii) Landscape buffer shown on sheet 5.
c) Assure all easements as listed in the Title Report and other documents are clearly drawn, labeled with Book/page or Docket/page, and/or listed as a blanket easement on the Final Plat. Label each street, alley, easement (type), and drainageway with the appropriate dedication notation. (Some of this dedication information is already being provided by Real Estate.) Specifically address the following:
i) Include/address schedule B items 5, 6, 7, and 8.
ii) on sheet 3, for Paseo de la Cosecha explain recordation, or, label dkt/pg if this is to be drawn as an ingress/egress easement.
iii) Label dkt/pg for vacation/abandonment of Existing Ingress/Egress Easement on sheet 3. Also, label width of this easement.
iv) On sheet 4, label dkt/pg for vacation/abandonment of:
(1) "Existing 30' Public Utility Easement and Sewer Easement"
(2) "Existing 10' Electric Esmt"
(3) "Existing 20' Sewer Easement"
(4) "Existing 50' Ingress/Egress Easement"
(5) "108' R.O.W." for Avenida Del Convento
v) On sheet 5, label dkt/pg for vacation/abandonment of the "Existing 30' Public Storm Drain Easement".
d) The Sewer, Electric, Ingress/Egress easements shown on sheet 4 shall extend to plat boundary on sheet 5.
e) There is a proposed 15' Water Easement near lot 10 on sheet 3. Discuss in response letter the potential for use as an easement for other utilities; consider labeling as Utility Easement.
f) There are some utility easements showing on sheet 4 of the plat that are not listed in title report schedule B. Explain or provide these as items on schedule B.
g) Some dry utilities are proposed on the Tentative Plat to be located in private alley areas. Clarify in the Title Block that utilities are provided in the Common Area "A".
3) DS Sec.2-03.6.5.C.5: Address the following boundary data / survey comments:
a) On sheet 2, label / indicate for the distance and bearing between all monuments used as measured (M) or calculated (C) or recorded (R).
b) On sheet 3, label / indicate for the distance and bearing between all monuments used as measured (M) or calculated (C) or recorded (R). The bearing and distance for western boundary line appears to be the (M)easured distance and bearing; also provide (R)ecorded bearing and distance per title report Exhibit A. Also on sheet 3, the bearing for the north boundary line appears to be the (M)easured bearing; also provide (R)ecorded bearing per title report Exhibit A.
c) On sheet 4, label / indicate for the distance and bearing between all monuments used as measured (M) or calculated (C) or recorded (R). The bearing and distance for western boundary line appears to be the (M)easured distance and bearing; also provide (R)ecorded bearing and distance per title report Exhibit A. Also on sheet 4, the bearing and distance for the northern boundary line appears to be the (M)easured distance and bearing; also provide (R)ecorded bearing and distance per title report Exhibit A.
d) On sheet 5, there are three distances and two bearings at the southwest boundary that do not match the title report Exhibit A; clarify and label / indicate for the distance and bearing as measured (M) or calculated (C) or recorded (R).
e) On sheet 5, provide crow's feet or other clarification to differentiate between the two south boundary distances (249.48' & 207.30').
f) On sheet 3, provide distance and bearing for the western line of Common Area "B".
g) If Paseo de la Cosecha is a part of the plat, provide width, curve, and other line data.
h) Provide bearing & distance for western boundary line of Commercial Lot/Block "C".
i) Provide bearing & distance for western and southern (crow's feet) boundary lines of Commercial Lot/Block "D".
j) On sheet 5, clarify bearing for Common Area "A" lines between lot and Commercial Lot/Block "D".
k) DS Sec.2-03.6.5.A: Corner tie recordation information is to be provided on the plat.
l) DS Sec.2-03.6.5.C.1.a: Basis of bearings shall be referenced to a record of survey or a recorded plat; provide reference.
m) DS Sec.2-03.6.5.C.3: Provide closure sheet for project boundary.
4) DS Sec.2-03.6.1.D.2: On the location map on sheet 1, identify subdivisions (i.e. P.S. Hughes, Menlo Park, Rio Nuevo Blks 1-5); referencing recorded subdivision plats by book and page numbers.
5) DS Sec.2-03.6.1.L: Provide a legend which shows and describes all symbols and linetypes used on the drawing.
6) DS Sec.2-03.6.1.F: As this plat is a part of the Rio Nuevo PAD, explain how this section is being addressed; provide the reduced scale map of the entire PAD District indicating location of the portion being developed within the PAD area.
7) DS Sec.2-03.6.4.E: Landfill buffer leader and label (100' & 500') are indicated (some appear to be floating - at upper right side of sheet 4) however the actual buffer line is not showing up on sheet 4. Show delineation of these buffers on sheet 4 and sheet 5. These lines should be labeled without the word "approximate". These lines should terminate at edges of plat (shown only within this plat's boundary).
8) DS Sec.2-03.6.4.H: Show no-vehicular access easements:
a) Between commercial blocks and private alleys.
b) Between lots 82 - 85 and right-of-way to the south of these lots.
c) Any lots that are adjacent to both a private alley and a public street - access needs clarification with restriction from side with no vehicular access.
d) At entrance/exits to Common Areas "C".
e) At south and east boundaries of lot 100.
f) Between Common Area "E" and lot 13.
g) Between Common Areas "B" and "A" near lot 10.
h) Explain/determine whether Common Areas "B" will need vehicular restrictions.
9) DS Sec.2-03.6.4.G: Consider limiting accessibility for safety reasons, with a one foot no access easement at locations, including the following:
a) Any location around the plat boundary and lots or common areas, such as:
i) northside of lots 43, 58, & 59
ii) westside of lots 13 - 18
iii) north side of lot 13
b) Between commercial blocks and private alleys.
10) DS Sec.2-03.6.1.I: Provide a north arrow with the scale of the drawing on sheet 5.
11) DS Sec.2-03.6.5.C.6: On sheet 5, clarify street monuments for Clearwater Drive, if a part of this plat.
12) Tucson Code Sec.29-26: Explain how or show as a general note that public notice that the property is subject to the landfill article per this section of code (Tucson Code Sec.29-26) is being addressed.
13) DS Sec.2-03.6.2.A: Address the following General Note comments:
a) Revise General Note 1 to include verbiage: "This plat is subject to the conditions of rezoning case number C9-04-07, unless superseded by a subsequent rezoning ordinance."
b) Revise General Note 4; add listing for acreage for the blocks. Also, clarify whether the total acreage for the plat, including the blocks, is 13.571 acres.
c) For General Note 7; clarify intent as it applies to this project, for the last part of this general note: "… except as described in the Private Improvement Agreement." Provide correspondence/documentation regarding the City's agreement for this Rio Nuevo project.
d) On sheet 1, the terminology used for the basins in General Notes 14 and 15 conflicts with the Title Block. The water harvesting areas are listed as Common Area "D". Revise General Notes 14 and 15 to match Title Block verbiage.
14) DS Sec.2-03.7.1.B: Under Dedication section on sheet 1 address the following comments:
a) explain purpose of reference to erosion hazard setback.
b) DS Sec.2-03.6.3.C: Rio Development is the beneficiary of the third party trust according to the assurance package submitted. Provide the trust number as a part of the dedication verbiage. Provide the title company as the owner and provide "The beneficiary of (Title Company Name and Trust Number) is (Rio Development)." Then below that, place the developer, name and address.
c) Address the dedication to include responsibility of the blocks. "TITLE TO THE LAND … SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL LOT AND BLOCK OWNERS…" ; revise verbiage in fourth paragraph.
15) DS Sec.2-03.6.6: Address the following CC&R comments:
a) Provide an original, signed copy of the CC&R's.
b) Per Standards Manual for Drainage Design and Floodplain Management section 14.3.2, the drainage area maintenance and responsibility verbiage from DS Sec.10-02.14.3.2.a-d & 10-02.14.3.3 must be included on the CC&R's, or placed on the Final Plat.
c) Also, the CC&R's shall provide the list of maintenance recommendations for the drainage areas as outlined in the Drainage Report or as provided by the engineer and accepted by the City of Tucson DSD Engineer.
16) DS Sec.2-03.7.1.G: The final plat cannot be scheduled for Mayor and Council consideration until the financial assurances are approved. Address the following assurance package comments:
a) Address comment 2g above regarding description for Common Area "A". All descriptions for all documents (CC&R's, Assurances, and Title Block) shall match. Please be aware that the legal office may reject assurance paperwork if the verbiage does not match exactly the verbiage on the Final Plat's Title Block.
b) Provide a copy of the original complete Trust Agreement.
c) Provide revised AMENDMENT TO TRUST / THIRD PARTY TRUST, addressing the following:
i) The attached legal description, for identifying the property as referenced on page 1 of the AMENDMENT TO TRUST, shall match the title block description on the first sheet of the Final Plat. Please be aware that the legal office may reject assurance paperwork if the verbiage does not match exactly the verbiage on the Final Plat's Title Block.
ii) The "attached legal description" is referenced twice in the same sentence on page 1; clarify verbiage, and provide the legal description as an attachment.
iii) The legal description typically has blanks for the Mayor & Council's Resolution number and Book & page.
iv) Add subdivision case number near the top of the page.
v) Update current year in the 1st and 2nd paragraphs on page 1.
d) Provide revised AGREEMENT TO CONSTRUCT SUBDIVISION IMPROVEMENTS / THIRD PARTY TRUST, addressing the following:
i) The list of assurable items for a project is the core of an AGREEMENT TO CONSTRUCT; the list of assurable improvements shall be provided and attached to the AGREEMENT TO CONSTRUCT. The "specimen" provided is missing some of the typical items required. Besides utilities, water, and sewer, other assurable items are typically: streets, including paving, curbs, sidewalks, drive aprons, ADA ramps, all survey monuments, as shown on Tentative Plat, Final Plat, and Improvement Plans; drainage structures / improvements; fire requirements (contact the Fire reviewer for wording); traffic signs; and all off-site and onsite improvements as shown on Tentative Plat, Final Plat, and Improvement Plans. Please provide a site specific list of assurable items that includes all assurable items. Consider looking at previous submittals as samples.
ii) The description on page 1 of the AGREEMENT TO CONSTRUCT shall match the Final Plat title block description. Please be aware that the City's legal office may reject assurance paperwork if the verbiage does not match exactly the verbiage on the Final Plat's Title Block.
iii) Provide and attach the complete legal description with blanks for the Mayor & Council's Resolution number and Book & page.
iv) Add subdivision case number near the top of the page.
e) Provide a copy of a sample Warranty Deed.
f) Explain purpose of specimen document - notice for substitute assurance agreement.
g) For this and future projects, please provide three 8½" by 11" location map sheets for assurance submittals that go to Mayor & Council. Typically, this map is similar to an enlarged location map on the Final Plat.
h) All portions of the revised assurance package shall be compiled and resubmitted as complete documents; pieces of the revised assurances will not be acceptable for resubmittal.
17) A meeting with the title agent must be scheduled prior to resubmittal to go over assurance comments.

Submit revised Final Plat, complete assurance package, and comprehensive response letter. A meeting is required to go over the assurance package. If you have any questions on the easement comments or other concerns, please call me at 791-5550 extension 2204.

Elizabeth Eberbach, PE
Civil Engineer
Engineering Division
Development Services
03/28/2005 VICTOR DURAND ENGINEERING ASSURANCES RECEIVED/SENT TO CITY ATTORNEY Needs Review