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Plan Number: S04-053
Parcel: Unknown

Review Status: Completed

Review Details: ASSURANCES

Plan Number - S04-053
Review Name: ASSURANCES
Review Status: Completed
Review Date Reviewer's Name Type of Review Description Status Comments
08/23/2005 MARILYN KALTHOFF START ASSURANCES RECEIVED Completed
08/23/2005 MATT FLICK ENGINEERING FOR ASSIGNMENT Completed Original Agreement & Amendment to Elizabeth E. for review.
09/08/2005 ELIZABETH EBERBACH ENGINEERING REVIEW Denied TO: Patricia Gehlen; CDRC Coordinator
SUBJECT: Rio Nuevo Mercado Final Plat Re-submittal Engineering Review
LOCATION: T14S R13E Section 14
REVIEWER: Elizabeth Eberbach
ACTIVITY NUMBER: S04-053

SUMMARY: The revised Final Plat, CC&R's , and portions of the assurance package were received by Engineering on August 23, 2005. Engineering has reviewed the received items and does not recommend approval of the Final Plat at this time. The biggest engineering issue at this time for this plat is the proposal to relocate or abandon existing easements; unless this issue is addressed promptly the plat may not proceed to Mayor and Council.

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. Abandonments of the easements are required for the Final Plat approval. Clarify which utility easements have existing utilities within them and provide copies of the utility letters of no interest / vacation. This comment has been provided throughout the tentative plat and final plat reviews and this issue has not been resolved. The time encountered to abandon easements can delay the scheduling of Final Plats for Mayor and Council.
2) DS Sec.2-03.6.4.A: Address the following other easement comments:
a) DS Sec.7-01.4.A: Per this section, 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 CDRC 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. As stated in prior comment letters and meetings, it is imperative that the status of the utilities easements within this project is clarified. Submit letters of agreement or no interest from any utility (or other) entity listed as an interest to any of the utility easements intended to be abandoned. Then label the docket and page on the plat of each of the abandoned utility easements.
b) Explain purpose of described entities that are not newly within the Final Plat boundary: Paseo de la Cosecha, Landscape buffer shown on sheet 5. See note 23 - refers to Common Area and right-of-way - this is neither.
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) Explain whether schedule B items 5, 6, and 7 are blanket easements.
ii) On sheet 3, label Paseo de la Cosecha label as public right of way.
iii) (In the response letter, it was stated that this had been done, yet there are no docket/pages for the proposed abandonments of the following utilities.) On sheets 4&5, 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" - explain why is this showing if "not on Title Report".
3) DS Sec.2-03.6.5.C.5: Address the following boundary data / survey comments:
a) Since Paseo de la Cosecha and Calle de Los Chapulines are a part of the plat, provide width, curve, and other line data.
b) DS Sec.2-03.6.5.A: Clarify which corner is used for corner tie recordation information on the plat.
c) 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 subdivision (i.e. Rio Nuevo Blks 1-5); referencing recorded subdivision plats by book and page numbers.
5) DS Sec.2-03.6.1.L: Identify corner monuments as existing, or proposed to be set by RLS. This may be clarified in the legend.
6) DS Sec.2-03.6.4.H: Show no-vehicular access easements at entrance/exits to Common Areas "C". Also, correct discrepancies for Common Area labels that do not match project layout.
7) DS Sec.2-03.6.5.C.6: On sheet 5, clarify street monuments for Clearwater Drive, if a part of this plat. Specifically, show survey street monuments to be set in Clearwater from new public right-of-ways: Avenida Del Palo Fierro, Calle de Los Higos, and Calle de Los Zanjero.
8) DS Sec.2-03.6.2.A: Regarding General Note 4, clarify whether the total acreage for the plat, including the blocks, is 13.571 acres.
9) DS Sec.2-03.6.3.C: Under Dedication section on sheet 1, under beneficiary, provide the developer's contact name.
10) 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.
11) 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 revised AGREEMENT TO CONSTRUCT SUBDIVISION IMPROVEMENTS / THIRD PARTY TRUST, revising the list of assurable items that was submitted to include all assurable items specific to this project - an item should be added regarding compliance with Landfill Ordinance.
c) 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. Provide AGREEMENT TO CONSTRUCT, Trust Agreement, AMENDMENT TO TRUST / THIRD PARTY TRUST, and a copy of a sample Warranty Deed.

Submit revised Final Plat, complete assurance package, and complete 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
09/16/2005 TAMI ACHONG ENGINEERING ASSURANCES RECEIVED/SENT TO CITY ATTORNEY Needs Review