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Home My WebLink AboutOrdinance 2004.20 Approving an exchange of real property near cortaro and silverbell roads F. ANN RODRIGUEZ, RECORDED BY: D K SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD F~%RANA AZ 85653 RECORDER DEPUTY RECORDER 7864 PE1 DOCKET: 12413 .~_~ PAGE 3557 , NO. OF PAGES: 10 SEQUENCE: 20042050704 MAIL AMOUNT PAID $ 10.50 MARANA ORDINANCE NO. 2004.20 RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED EAST OF THE INTERSECTION OF CORTARO AND SILVERBELL ROADS; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Marana authorized an exchange of property by Ordinance No. 2003.32 adopted on December 16, 2003, to accommodate the devel- opment of the Town of Marana District Park and the Continental Ranch Park and the Continental Ranch Library; and WHEREAS, the Town has now determined that it needs additional land along Silverbell Road to accommodate safe ingress and egress for future District Park and Continental Ranch Li- brary patrons; and WHEREAS, the owner of the property the Town needs is willing to trade the land to the Town in exchange for a Town-owned parcel in the immediate vicinity; and WHEREAS, the properties being exchanged are specifically described and mapped on the exhibits attached to the Amendment to the Real Estate Exchange and Development Agree- ment; and WHEREAS, the parcels of land being exchanged are of substantially equal size and value; and WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, SECTION 1. The exchange of lands as set forth in the document entitled "Amendment to Real Estate Exchange and Development Agreement" presented to the Mayor and Council con- currently with this Ordinance and attached as Exhibit A is hereby authorized pursuant to the terms and conditions set forth in that Agreement. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectu- ate the above-contemplated transaction for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. {00000227.DOC ~ SECTION 4. BE IT FURTHER RESOLVED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this resolution become imme- diately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of October, 2004. Mayor Bobby Sutton, Jr. ~celyn ~/Bronson, Town Clerk ~,~ C as 7Y, T°wn -~-t~ey {00000227.DOC / 2 F. ANN RODRIGUEZ, RECORDER RECORDED BY: D K DEPUTY RECORDER 7864 PE1 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12413 PAGE: 3567 NO. OF PAGES: 8 SEQUENCE: 20042050705 MAIL AMOUNT PAID $ 12.50 AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT THIS AMENDMENT ("Amendment") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and CONTINENTAL RANCH DEVELOPMENT, L.L.C., an Arizona limited liability company ("CRD"). The Town and CRD are sometimes collectively referred to as the "Parties," who are sometimes individually referred to as the "Party." RECITALS A. The Town entered into a Real Estate Exchange and Development Agreement with Arizona Pavilions Development, Inc., an Arizona corporation, and Ranch Holdings, L.L.C., an. Arizona limited liability company, on December 16, 2003, recorded at Docket ~ Page 4073, Pima County Recorder's Office (the "Original Agreement"), to exchange land located southeast of the intersection of Cortaro and Silverbell Roads. B. Continental Ranch Development, L.L.C., is the successor in interest to Arizona Pavilions Development, Inc., and Ranch Holdings, L.L.C., pursuant to a Special Warranty Deed dated December 30, 2003, recorded at Docket 12252, page 813, Pima County Recorder's Office. C. The Town has determined that additional property is needed for the Town's li- brary and district park project to accommodate safe access to and from Silverbell Road, and CRD is willing to accommodate the transfer of this additional land to the Town in exchange for an equal amount of Town-owned land along Cortaro Road. D. Except for the additional exchange of the parcels addressed in this Amendment, the Parties desire that the Original Agreement remain in full force and effect. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Amendment, the Parties hereby agree as follows: 1. Exchange of land. No later than October 31, 2004, the Parties will complete the following exchange of land, as shown on the document entitled "Exhibit to Accompany Description of Land Exchange within Continental Ranch PAR 56-57&72" attached as Exhibit A. (A) Town to CRD. The Town shall transfer to CRD the land identified as "Continental Ranch Parcel 56-57&72 Exchange Parcel (5) from Town of Marana to Arizona Pavilions" as set forth in the legal description and map attached as Exhibit B. (B) CRD to Town. CRD shall transfer to the Town the land identified as "Continental Ranch Parcel 56-57 Land Exchange Parcel (6) Arizona Pavilions to Town of Marana" as set forth in the legal description and map attached as Exhibit C. {00000229.DOC/} - 1 - ,4MENDMENT TO EXCH,4NGE AGREEMENT 10/6/2004 11; 19 AM (C) Effect on Original Agreement. Except as supplemented by the additional exchange set forth in this Amendment, the provisions of the Original Agreement shall remain in full force and effect and are incorporated here by this reference. 1N WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: CRD: TOWN OF MARANA, an Arizona municipal corporation CONTINENTAL RANCH DEVELOPMENT, L.L.C., an Arizona limited liability company ~ By: B ob/~y~$/~M ayor Date: Date: ATTEST: _ ./9 lYn C~onson, Town Clerk ~?~aj14~ C as si4~Tow~A-ttc}rney// STATE OF ARiZON~_ ) ) ss.: COUNTY OF Pffd'A' ) Mark Schlossberg, M'ffanager by limited liability company, on behalf of the company. Seal The foregoing instrument was acknowledged before me this /? day of October, 2004, Mark Schlossberg, Manager of CONTINENTAL RANCH DEVELOPMENT, L.L.C., an Arizona Notary Public 100000229.DOC/} - 2 - :4 MENDMENT TO EXCHANGE ,4 GREEMENT 10/6/2004 11:19 A M LAND EXCHANGE PARCEL 5 TO CONTINENTAL RANCH D~'V, LLC LAND EXCHANGE PARCEL ~ TO TO~o~ 01~ MA~A EXHIBIT TO ACCOMPANY DESCRIPTION OF LAND EXCHANGE WITHIN CONTINENTAL RANCH PAR 56-57&72 SECTIONS 34-35, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA WLB# proiect No. 186031-K56A-1003X 09-16-2004 N :'"',,, 186031%,PAR56-5?x, EXHIBITS',~BASE09-16-04.DWO i "= 300' EXHIBIT A September 2, 2004 WLB No. 186031-K-056-1003X W:\LEGALS\186031\Parcel 56\Land-exch-5.doc CONTINENTAL RANCH PARCEL 56-57&72 EXCHANGE PARCEL (5) FROM TOWN OF MARANA TO ARIZONA PAVILIONS That portion of the Northeast Quarter (NE 1/4) of Section 34, and Northwest Quarter (NW 1/4) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows: COMMENCING at the Northwest corner of said Section 35; THENCE S 01o01'00'' E, along the West line of the said Northwest Quarter (NW 1/4), a distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road. being the POINT OF BEGINNING; THENCE S 33°30'07" W along said right-of-way line, a distance of 69.19 feet; THENCE S 56°17'16'' E, 420.00 feet, THENCE N 33°30'07,' E, 110.05 feet; THENCE N 56°29'53'' W, 155.00 feet to the most Southwest corner of the parcel recorded in Docket 10808, Page 2967; THENCE continue N 56029'53" W, 265.00 feet along the Southwesterly line of said parcel and the extension of said line to a point on said Southeasterly right-of-way tine of Cortaro Road; THENCE S 33°30'07'' W, along said right-of-way line a distance of 39.33 feet to the POINT OF BEGINNING. Containing 45,889 square feet, more or less. Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo Page 1 of 1 EXHIBIT B 27 26 P.O.B EXH]'BIT TO ACCOMPANY DESCRIPTION OF LAND EXCHANGE PARCEL (5) ~'ITHIN PARCEL 56-57&72 SECTIONS 34-35, T. 12 S., R. 12 E., G.S.R.M., .P]~ £OUH. TY~ A_R].ZDHA WLB# proiecf No. t86031-K56A-1003X 09-02-04 N:~,186031%PAR56-57~EXHIBIT\~EXBT-,LAND-EXCH-5.DWG 1"=100 The ~~ ~I WLB ~ · ,I~ Orou p,.,II ~ September 16, 2004 WLB No. 186031-K-56A-1003 W:\LEGALS\186031\Parcel 56\Land-Exchange-6.doc CONTINENTAL RANCH PARCEL 56-57 LAND EXCHANGE PARCEL (6) ARIZONA PAVILIONS TO TOWN OF MARANA That portion of the Northwest Quarter (NW 114) of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows: COMMENCING at the West Quader corner (W 1/4) of said Section 35; THENCE N 01"01'00" W, along the West line of the said Northwest Quarter (NW 1/4), a distance of 899.97 feet to the Northeasterly right-of-way line of Silverbell Road, said point being on the curve of a non-tangent curve to the Southwest, a radial line bears th:rough said point N 34"05'39" E; having a point THENCE Southeasterly along said right-of-way line and arc of said curve to the right, a radius of 1507.39 feet, a central angle of 11°06'38", for an arc length of 292.30 feet to of a cusp of a curve concave to the Nodh, being the POINT OF BEGINNING; THENCE Easterly along the arc of a curve to the left, having a radius of 25.00 feet, a central angle of 88°09'20", for an arc distance of 38.47 feet to a point of tangency; THENCE N 47~02'56'' E, 109.00 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said tangent curve to the right, having a radius of 225.00 feet, a central angle of 56o25'53'', for an arc distance of 221.61 feet to a point of a reverse curve; THENCE Northeasterly along the arc of said reverse curve to the left, having a radius of,i[ 25.00 feet, a central angle of 93017'04'', for an arc distance of 40.70 feet to a point of a non-;ii tangent curve; .~,~ ,,~ THENCE Southwesterly along the arc of a non-tangent curve to the right having a radius of 375.00 feet, a central angle of 20°26'18' a radial line through said point bears!il~ S 79°48'15" E, for an arc distance of 133.77 feet to a point ora non-tan.qent curve; THENCE Southwesterly along the arc of a non-tangent curve to tile left, having a radius of 50.00 feet, a central angle of 87°15'29'', a radial tine through said point bears N 03°53'27`' E, for an arc distance of 76.15 feet to a point of curvature of a reverse curve; Page 1 of 2 EXHIBIT C September 16, 2004 WLB No. 186031-K-56A-1003 W:\LEGALS',,186031 \Parcel 56\Land-Exchange-6.doc THENCE Southwesterly along the arc of said reverse curve to the right, having a radius of 50.00 feet, a central angle of 54°05'33'', for an arc distance of 47.20 feet to a point of tangency; THENCE S 60~43'31'' W, 54.22 feet; THENCE S 53':30'11" W, 53.50 feet to a point of curvature of a tangent curve concave to the North; THENCE Westerly along the arc of said tangent curve to the right, having a radius of 25.00 feet, a central angle of 17'-'12'01", for an arc distance of 7.51 feet; THENCE S 40:'53'47" W, 17.06 feet to a point on the Northeasterly right-of-way line of Silverbell Road; THENCE Northwesterly along said right-of-way line and the arc of a non-tangent curve to the left, having a radius of 1507.39 feet, a central angle of 06%7'03", a radial line through said point bears N 51°59'20" E, for an arc distance of 178.48 feet to the POINT OF BEGINNING. CONTAINING 45,899 square feet or 1.05 acres of land, more or less. Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo JACK A. \\/~,B U C HANAN,\~.~ ? / ? 899.97' N01'C'~ uu w X L,IJ