MARBELLA RANCH RESOLUTION.PDF

MARICOPA COUNTY
RESOLUTION NO.
C-
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, PHOENIX,
ARIZONA (THE "COUNTY") AUTHORIZING EXECUTION ON BEHALF OF THE COUNTY AN
ASSURANCE AGREEMENT AMONG THE COUNTY, AND MARBELLA RANCH LIMITED
PARTNERSHIP (OWNER) REGARDING IMPLEMENTATION OF THE DEVELOPMENT
KNOWN AS MARBELLA RANCH PARCELS 5 & 6 SUBDIVISION
WHEREAS, Maricopa County is a growing county with respects to population, and
expects population growth to continue in the foreseeable future, and
WHEREAS, a sizable portion of this population growth will occur in unincorporated areas
as a result of large master-planned communities that will include a significant number of residents
and various types of land uses; and
WHEREAS, the Board of Supervisors recognizes that it must exercise its authority to
accommodate growth in an efficient manner that protects County residents and taxpayers from
undue fiscal burdens; and
WHEREAS, pursuant to Arizona Revised Statues §11-821(C) the posting of an assurance
satisfactory to the County, ensuring the completion of necessary infrastructure, is required as a
pre-condition to the granting of an approval to subdivide property; and
WHEREAS, Owner owns certain real property in unincorporated Maricopa County
comprising a total of approximately 80.3 acres (the "Property"); and
WHEREAS, Owner represents and warrants that it is the fee title owner of the Property
and has an interest in the Property as described in Arizona Revised Statutes §11-1101 B; and
WHEREAS, County wishes to enter into an assurance agreement in form and substance
acceptable to the County with Owner (the "Assurance Agreement") for the subdivision known as
Marbella Ranch Parcels 5 & 6 in accordance with ARS §11-821 to help ensure timely and efficient
development of infrastructure and services for future residents within the Property, and to help
minimize fiscal impacts to County residents and taxpayers;

WHEREAS, ARS §11-821 provides that the Board of Supervisors may regulate the
subdivision of lands within its corporate limits by requiring the posting of performance bonds or
other forms of assurances, including assurance agreements, necessary to ensure the installation
of required street, sewer, electric and water utilities; and drainage and flood control improvements
meeting minimum standards of design and construction; and
WHEREAS, the Board of Supervisors has agreed to accept from Owner in order to meet
such requirements an assurance in the form of the "Assurance Agreement".
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of Maricopa County
authorizes execution of the Assurance Agreement on behalf of the County.
EXECUTED this day of , 2019, by Maricopa County Board of Supervisors,
Phoenix, Arizona.
Chairman,
Board of Supervisors
APPROVED AS TO FORM: ATTEST:
Attorney for the County Clerk of the Board