1. Any technical corrections to the Final Plat for Las Ventanas Parcel 1 required by the City Engineer shall be made prior to the recordation of the final plat. 1. Prior to recordation of the Final Plat for Las Ventanas Parcel 1, Owner shall submit an updated title report for the property and shall modify this plat to reflect the current ownership and current lender including on the final plat a Lender Consent and Subordination in a form approved by the City Attorney or his/her designee for all lenders with a security interest in the property being platted herein. Owner shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the party executing the Final Plat for Las Ventanas Parcel 1 is authorized to do so. 3. Prior to recordation of the Final Plat, Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the property rezoned by Ordinance 2017-1364 and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear. Said extinguishment shall occur prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permits for work within the Property, whichever is earlier. 4. Prior to recordation of the Final Plat, owner shall remit all cost recovery payments owed pursuant to: CRO 06-1065 as amended by Resolution 14-1622 and Resolution 16-1748; and CRO 06-1064 as amended by Resolution 14-1621 and Resolution 16-1747. The cost recovery payments that are to be paid are as follows:
Wastewater Line B $286,035.00
Wastewater Line E $110,941.00
Water Line C $ 98,139.71
Water line D $178,655.35
Water Line F $181,115.32
Total $854,886.38
5. The Final Plat for Las Ventanas Parcel 1 shall not be recorded unless either (i) the Final Plat for Las Ventanas Parcel 2, which is being presented by separate council action concurrently with the Final Plat for Las Ventanas Parcel 1, is recorded or until (i) drainage easement(s) located outside the boundaries of the Final Plat for Las Ventanas Parcel 1 have been conveyed to the City, the developer of the property within the Final Plat for Las Ventanas Parcel 1 (the “Property”), and the Las Ventanas West Goodyear Homeowners Association and recorded in the official records of Maricopa County. The drainage easements referred to herein shall be in a form acceptable to the City Attorney or his designee and shall provide for the acceptance, containment, retention and disposal of storm waters and drainage and the construction, installation, inspection, maintenance, repair, and replacement of drainage facilities pursuant to grading and drainage improvement plans approved for the development of the Property. 6. Unless the property on the north side of Yuma Road across from the Property has been developed and permanent drainage facilities constructed to handle drainage from the north, then prior to the recordation of the Final Plat for Las Ventanas Parcel 1, Temporary Drainage Easement(s) located within the property on the north side of Yuma Road across from the Property (Melcor Developments Arizona Inc parcels 502-40-003T, 502-40-003V and 50240003H) shall be conveyed to the City, the developer of the Property, and the Las Ventanas West Goodyear Homeowner’s Association and recorded in the official records of Maricopa County. The drainage easements referred to herein shall be in a form acceptable to the City Attorney or his designee and shall provide for the acceptance, containment, retention and disposal of storm waters and drainage and the construction, installation, inspection, maintenance, repair, and replacement of drainage facilities pursuant to grading and drainage improvement plans approved for the development of the Property. 7. Owner shall remit to the city an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of W. Yuma Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payment referred to herein shall be made prior to or concurrent with recordation of the Final Plat or prior to the issuance of any permits for construction work within the Property, whichever is earlier 8. Owner is responsible for a proportionate share of the costs of traffic signals at the intersection identified below. Owner shall make an in-lieu payment for the costs of the following traffic signals. The in-lieu payment shall be made prior to the recordation of the Final Plat or the issuance of any construction permits for work within the Property, whichever is earlier. The in-lieu payment shall be based on the percentage reflected below of the actual cost of the full traffic signal (all four legs) if it has been constructed or if the payment is required before the signal is constructed it shall be based on the estimated cost of the traffic signal as determined by the City Engineer or designee. The Property Owner’s traffic signal obligations include, but may not be limited to:
a. 25% of the cost of the full traffic signal (all four legs) at W. Yuma Road and S. Perryville Road
9. The Final Plat for Las Ventanas Parcel 1 shall not be recorded unless either (i) the Final Plat for Las Ventanas Parcel 2 being presented by separate council action concurrently with the Final Plat for Las Ventanas Parcel 1 is recorded simultaneously with the Final Plat for Las Ventanas Parcel 1 or until (i) wastewater easement(s) needed for the construction of City wastewater lines and appurtenances that will serve the Property (“Wastewater Facilities”) are conveyed to the City and the developer of the Property. The wastewater easement(s) referred to herein shall be in a form acceptable to the City Attorney or his designee and shall provide for the construction, operation, maintenance, repair, removal and replacement of Wastewater Facilities. |