HomeMy WebLinkAboutOrdinance 2008.02 Exchange of real property at Orange Grove and Thornydale RoadsF. ANN RODRIGUEZ, RECORDER DOCKET: 13220
,F,ECORDED BY: NRB PAGE: 1829
Of P
11
DEPUTY RECORDER NO. OF PAGES: 20
1562 PE1 SEQUENCE: 20080080543
SMARA
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TOWN OF MARANA le ORDIN 15:48
ATTN: TOWN CLERK lZo
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 15.50
MARANA ORDINANCE NO. 2008.02
RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY
LOCATED AT THE INTERSECTION OF ORANGE GROVE AND THORNYDALE ROADS;
AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE
AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO
ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY.
WHEREAS the Town of Marana has begun construction of the Thornydale Road: Orange
Grove Road to CDO Wash project, number 2002-58 (the Project) which will consist of recon-
structing approximately 4,600 feet of Thornydale Road to six lanes from Orange Grove Road to
CDO Wash; and
WHEREAS the Town needs additional right-of-way and a temporary construction ease-
ment at the intersection of Orange Grove and Thornydale Roads to complete the Project; 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 Real Estate Exchange Agreement; and
WHEREAS the property owner has agreed to pay the Town additional compensation so
that the parcels of land being exchanged are of substantially equal 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 "Real Estate
Exchange Agreement" presented to the Mayor and Council concurrently with this Ordinance and
attached as Exhibit A is hereby authorized pursuant to the tenns 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 effectuate
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.
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-
(00007398.DOCI)
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 8th day of January, 2008.
-Z?" ? /- t' t
Mayor Ed Honea
ATTEST:
12
elyn C ?Y` nson, Town Clerk
100007398.DOC PI(00000227MOC /
REAL ESTATE ExcHANGE AGREEMENT
THis AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF
MARANA, an Arizona municipal corporation (the "Town") and Holland Real Estate LLC, a Colo-
rado limited liability company ("Holland"). The Town and Holland are sometimes collectively
referred to as the "Parties," either of which is sometimes individually referred to as a "Party."
REC17ALS
A. Holland owns the property described in Exhibit A and B as shown on Exhibits A-1 and
B- 1, attached to and incorporated by this reference in this Agreement. The property is needed as
public rights-of-way and a temporary construction easement for the Thornydale Road Project
Z?
(the "Needed Property"), currently identified as a portion of Pima County Assessor's parcel
number 101-03-918A.
B. The Town owns a portion of' the Thomydale Road right-of-way more particularly de-
scribed in Exhibit C and shown on Exhibit C-1, attached to and incorporated by this reference in
this Algreement (the "Town Property").
c. 'rhe Town is willing to transfer title to the Town Property to Holland in exchange for the
needed rights-of-way and temporary construction easement, and Holland is willing to accept the
exchange in satisfaction of the right to receive just compensation.
D. The exchange of property and property rights contemplated by this Agreement is author-
ized J)UrSUant to A.R.S. § 9-407, the procedural requirements of which will have been satisfied
by theTown prior to or concurrently with theTown's approval and execution of this Agreement.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set
161-th In this Agreement, the Parties hereby agree as fo llows:
1. of-land and properti, hitcrests. The Parties will complete the following ex-
charw,c of landand property interests:
(A) 1he Town to 1-folland. The Town shall transfer title of the Town Property to Holland
through an Escrow Account, with closing of Escrow upon recordation of the Notice of Com-
pletion for the Thomydale Road Project No. 2002-58.
(B) Holland to the Tow-n. Holland shall transfer title of the Needed Property to the Town
through an Escrow Account with closing of Escrow to be no more than 60 days from the date
of acceptance of this Agreement by the Town Mayor and Council.
MA4F 91191,1007 12:54: 14 PU
Page I q1'3
2. Confirination qfjust con7l2enscilion. In addition to receipt of the Needed Property, Holland
shall provide payment in the amount of S18,395.40 to the Town as Just Compensation for the
Town Property
3. Notices. All notices, requests and other communications under this Agreement shall be
given in writing and either (1) personally served on the party to whom it is given, or (ii) mailed
by registered or certified mail, postage prepaid, retum receipt requested, or (ill) sent by private
overnight courier such as Federal Express or Airborne, or (1v) transmitted by facsimile (provided
that a confirming copy of the facsimile transmission is mailed on the date of such transmission),
addressed as follows:
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Dr-
Marana. Arizona 85653-9723
(520) 382-1900
Fax (520) 382-1945
If to Ilolland Real Estate LLC:
C/O LEWIS & ROCA LLP
One South Church Ave., Suite 700
Tucson, Arizona 85701-1611
Attn: Frank Bangs
(520) 622-2090
Fax (520) 879-4701
All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as
provided above, on the second day after the day of mailing, and if sent by overnight courier, on
the next day after the date of deposit with the courier. Any party may change its address for the
receipt of, notices at any time by giving written notice thereof to the other parties in accordance
with the terms of this section. The inability to deliver notice because of a changed address of
which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to
be the effective receipt of the notice as of the date of' such inability to deliver or rejection or
i-eflisal to accept.
4. Vfiscefluneoll.v.
(A) This Agreement may not be modified except in a writing sioned by the Parties.
(B) Time is of the essence of this Agreement.
(C) This Agreement shall be governed by and interpreted in accordance with the laws 2"!
0-01
ofthe State of Arizona, and any lawsuit to enforce any provision of this Agreement or to
obtain any remedy with respect to this Agreement shall be brought In the Pima County
;N
Superior Court, and for this purpose the Parties expressly and irrevocably consent to the
jurisdiction of the Pima County Superior Court.
(D) Ifeither of the Parties fails to perform any of its obligations under this Agreement
or if a dispute arises conceming the meaning or interpretation of any provision of this
MMF, 911912007 12:54:14 PH
Page, 2 oJ 3
Agreement, the defaulting party or the party not prevailing in the dispute, as the case may
be, shall pay any and all costs and expenses incurred by the other party in enforcing or
establishing its rights tinder this Agreement, including, without limitation, court costs and
reasonable attorneys' fees.
(E) The captions and section numbers appearing in this Agreement are inserted only
its a matter of convenience, and do not define, limit, construe or describe the scope or in-
tent of such sections or articles of this Agreement.
(F) This Agreement may be executed in multiple counterparts, each of which shall,
for all purposes, be deemed an original and all of which, taken together, shall constitute
one and the same agreement.
(G) This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors in interest and assigns; provided, however, that no assignment
of this Agreement shall in any way relieve the assignor of its obligations under this
Agreement.
(H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of
contracts in certain Instances Involving conflicts of interest.
(1) Exhibits referred to in this Agreement are attached to and incorporated by refer-
ence as if set forth in full in this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set
f'Orth below their respective signatures.
TOWN: HOLLAND:
TI IF TOWN OF MARANA, an Arizona mumcl-
pal corporation
Hot-LAND
limited Ila
Bv: B
Ed Honea. Mayor
Date: I Name:
Arri--?,r
Title:
Date:
P)
A
Page .3 ql'3
UNIF 911912007 12:54.-14 PM
Exhibit A
Description of Right-of-Way Acquisition from Richard W. Holland
Tax Parcel 101-03-918A
A portion of that parcel of.land recorded at Docket 11416, Page 1518, in Pima County, Arizona,
being also a portion of Lot 2 of Orange Grove Mercado, recorded. at Book 33,, Page 18, of Maps
and Plats in Pima County, Arizona, being also a portion of Section 5, Township 13 South, Range
13 East, Gila and Saft River Meridian, Pima County, Arizona, being more particularly described as
follows:
Commencing at the Southwest comer ofsaid Section 5, marked by a brass cap in casting, from
which the South 'A comer of said Section 5, marked by a 2 inch brass cap in concrete, lies South
880-46-38", East, 2635.93 feet distant;
thence, along the South line of the Southwest Quarter of said Section 5, South 8,90-46-38" East,
212,15 feet;
thence, North 000-1 T-22" East, 75.00 feet to the Southeast corner of said Lot 2;
thence, along the East firre of said Lot 2, North 01'-59'-54" West, 10.03 feet to the point of
beginning, being the Northtast corner of that parcel recorded at Docket 7358, Page 469, in Pima
County, Arizona, marked by a chiseled x;
thence, North 890-46-38" West, 73.70 feet to an angle point in said parcel recorded at said Docket
7358, Page 469, from which a #4 rebar lies North 60"-4l'-00" West, 30.87 feet distant;
thence, North 600-4l'-00" West, 5.76 feet;
thence, South 890-46-38" East, 78.62 feet to the East line of said Lot 2;
thence, South 01 *-59'-54' East, 2.80 feet to the point of beginning, containing approximately 213
square feet.
The Basis of Bearing is the South line of the Southwest Quarter of said Section 5, being South 890-
46'-38" East as recorded at Book 33, Page 62 of Records of Surveys in Pima County.
Page 1 of 2
A OKA I ftAr. R0W#8
E:\0401\00\ROWVegals\shEB3\row8-DOC
12/14/2005
C)
z HOLLAND MCHARD W.
101-03-918A
EXISTING DKT. 11416. PAGE 1518
0 RIGHT-OF-.WAY
GROSS AREA MJ26 SF
RON TAKE 213 Sr
NET AREA - 1303 SF
NO. BEARING DISTANCE
V N V46MW MY
L2 N 6O`4rOO` W , 57V
L3 S V4631T E 78.6Z
L4 S Or5!;r54E 2.8a
ROW 08
C
L2 Ll
EXISTING
RIGHT-OF-WAY
ORANGE GROVE ROAD
SCALE: r - 3a
L4 p.0j,.
Exhibit A-1
Use or allerotion of the infortntion in this instrL.1
for other thon the "cific Wpm for vhtch it V03
Exhibit showing the Ri ht f - Way Acquisition Intenaeo ond for o1her 11m the Client for who It was
A Portion of Section 9, io?wrlship 13 South, Range 13 East, v#wed Is, forbidden unlea, apnosly Wffilti6d in F"
vrltlr* in odvance by R.S. twnaING WCOMA71ED.
Gila ond.Solt River Meridian from Holland, Richard W.
and KS ENGINEERM WORPORA710 Owl I hove N
Tax PorcelNo. 1,01-03-918A, i iobi i iy to any ust, of.th?s inform,lion vithwt ihe;r
wItlencOn."nt. (E)RSENCINEERING
TOWN OF MARANA
I R S.ENGINEERING "*j
DEPARTMENT OF PUBLIC WORKS
g? CONSULT.ING ENG..INEER5 THORNYDALE
"CM "MtV"P- n00K. ANIZIM 15716 16201 ?11-3933 FANJ 1520 1 791-9405 ROAD IMPROVEMENT
'20 C*% eftwe"m
ORANGE GROVE TO CDO WASH
PAGE 2 OF 2
------------------------- ------ . .............. ---------- ---------- --------
Exhibit B
Description of Temporary Construction Easement from Richard W. Holland
Tax Parcel 101-03-918A
A portion of that parcel of, land recorded at Docket 11416, Page. 1518, in Pima County, Arizona,
being also a portion of Lot, 2 of Orange Grove Mercado, recorded at Book 33, Page 1.8, of Maps
and Plats in Pima County, Arizona, being also a portion of Section 5, Township 13, South, Range
13 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as
follows:.
Commencing at the Southwest corner of said Section 5, marked by a brass cap in casting, from
which the South 'A comer of said Section 5, marked by a 2 inch brass cap in concrete, lies South
880-46-38" East, 2635.93 feet distant;
thence, along the South line of the Southwest Quarter of said Section 5, South 890-46'-38" East,
212.15 feet;
thence, North 001-13'-22" East, 75.00 feet to the Southeast corner of said Lot 2;
thence, along the East line, of said Lot 2, North 01 "-59'-54"Wast, 10.03 feet to the Northeast
comer of that parcel recorded at Docket 7358, Page 469, in Pima County, Arizona, marked by a
chiseled x;
thence, North 01 0-59'-54" West, 2.80 feet to the point of beginning;
thence, North 890-46'-38" West, 78.62 feet;
thence, North 60c-41'-00" West, 4.48 feet;
thence, South 890-46'-38" East, 82.46 feet to the East line of said, Lot 2;
thence, South 01 '1-59'-54" East, 2.18 feet to the point of beginning, containing approximately 175
square feel.
The Basis of.Bearing is the South line of the Southwest Quarter of said Section 5, being South 890-
46'-38" East as recorded at Book 33, Page 62 of Records of Surveys in Plma County.
Page I of 2
TCE 432
<
?.0
Ld
HOUAND RICHARD W.
< 101-0.3-918A
0 DKT. 11416. PAGE 198
GROSS AREA 14J26 St'
POW TAK
175 SF N
E
Of NET AREA /3-95/ SF
0
NO, BEARING DISTANCE
V N B94V3ff W 78.62-
L2 N WOW W 4.4ff
L3 S 8-q46'31r f 82A'
14 5 Or5954* E Val
TCE 032
L3 --\
L4
EXISTING
RIGHT-OF-WAY
ORANGE GROVE ROAD
SCALEr r - 30'
P.O.&
Exhibit B-1 T
Use or alteration of the inforgotion in this in3irumni z,
or other ttM the Weelfic lKrOM for which it V&
4
1
Exhi
bit showing the Temporary Construction Easement Acquisition interWed W4 for other than the client for voi it wos
prepored Is forbidden unless expressly WIMilled in
A Portion
of Section 5, Township 13 South, Range 13 East,
.
writing In odyance by R.S. ENGINEERING lKWORVED.
Gilo and Solt River Meridian from Holland, Richorid W. aw R.S. ENGINEERING INCORMTED slIal I hove no
-
l
P
ox
orcelNo. 101-03-918A iiy to ony. use of.this Infornotlon without their
liab 11
written oonmt. 85 ENGINEERING
R S
ENGINEERING
T`
OW N OF MARANA
... DEPARTMENT OF PUBLIC WORK
CONSULTING ENGINEERS
244S ?WTV T&OW lo
"VA
' THO.RNYDALE. ROAD IMPROVEMENT
u
".
Mcm. m1m IBM 19201 7111-"33 r'"I 1620) 70"40s
Dom INCimptim
ORANGE GROVE TO CDO WASH
------------- ---------- -------- - ---- ----- ------------ ----- ... .. ....... --------- --
Exhibit C
Description of Proposed Right-of-Way for Holland Real Estate LLC
Tax Parcel 101 -03-918A
A portion of that parcel of land recorded at Docket 11416, Page 1518, in Pima County, Arizona,
being also a portion of Lot 2 of Orange Grove Mercado, recorded at Book 33, Page 18, of Maps
and Plats in Pima County, Arizona, being also a portion of Section.5, Township 13 South, Range
13 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as
follows:
Commencing at the Southwest corner of said Section 5, marked by a brass cap in casting, from
which the South 1/4comer of said Section 5, marked by a 2 inch brass cap in concrete, lies South
89'-46'-38" East, 2635.93 feet distant;
thence, along the South line of the Southwest Quarter of said Section 5, South 890-46'-38" East,
212.15 feet;
thence, North 000- 13'-22" East, 75,00 feet to the Southeast corner of said Lot 2;
thence, along the East line of said Lot 2, North 0 1 0-59-54" West, 10.03 feet to the Northeast
corner of that parcel recorded at Docket 7358, Page 469, in Pima County, Arizona, marked by a
chiseled x;
thence, North 890-46'-38" West, 73.70 feet to an angle point in said parcel recorded at said Docket
7358, Page 469, from which a #4 rebar lies North 600.4l'-00' West, 30.87 feet distant;
thence, North 60'-4l'-00" West, 5,77 feet to the Point Of Beginning;
thence, continuing North 60--41'-0011 West, 25.10 feet;
thence, North 020-00'-53" West, 94-64 feet;
thence, North 070-45'.43" West, 29.23 feet;
thence, South 8811-Ol'-23" West, 10.83 feet;
thence, South 081-52'-20" East, 24.06 feet;
thence, South 020-42'-26" East, 99.69 feet;
thence, South 590-35'-51" East, 23.84 feet;
thence, South 890-46'-38" East, 11.00 feet to the point of beginning, said parcel containing 1404.77
square feet, more or less.
E:\0401\00\ROW\Iegals\sht83\rowlO.DOC 7/18/2007
The Basis of Bearing is the South line of the Southwest Quarter of said Section 5, being South 890-
46-38" East as recorded at Book 33, Page 62 of Records of Surveys in Pima County.
E:\0401\00\ROW\Iegals\sht83\rowlo.DOC
Page 2 of 2
ROW#10
7/18/2007
- EXISTING
RIGHT-OF-WAY
-0
Q=j
0
0
Of
z
ry
0
L5
0
PROPOSED
RON '10
L6
HOLLAND REAL ESTATE UC
0-03-918A
DKT. 11416. PAGE 1518
GROSS AREA - 14)26 SF
ROW GAIN 1?o5 SF
wlsrw NET AREA 1-5%531 SF
0 -OF-WAY
L2
U
NO. BEARINIF
-
" NS-TANCE
ff
u Oj
N 6a4rhOCOr' W 25jo,
L2 X
W ;
N OZ00153- W
94S4,
Lj
rl
or 54 _
m Or45'4-r W
2923'
L4 8rOr-vr W 10.63,
L5 _E_0i?r522VE 24D6'
L6 S OZ4Z RV E 99.69'
LK S 5735'Sr E 23.84'
LB S 8-746'M E 11DO'
P08
IF
N
SCALE: r -.3v
IST,
SECTM UNE
S 04-or" E
EXISTING _j
La R1GHr-0F-wAY
ORANGE GROVE ROAD
SEW CIOR. SEC 5
S 89-463tr E
Exhibit C-1 Use Or alteration of the infornation in this instrument
for other than the specific purpose for Which It was
, ntendsd (Ind for other than the cl lent for whm it ws
Exhibit showing the proposed Right-of Way PrwwOd is forbidden unless expressly permitted In
c Writing in advance by R.S. ENGINEERING IWMPORATED.
for Holland, R hard W.Tox Porce[No. 101-03-918A and R.S. ENGINEERING INCDRPORATED shall have no
liability to any use of this lnfOrffntiOn Without their
Written consent.
0 RS ENGINEERING
R S ENGINEERING TOWN OF MARANA
DEPARTMENT OF PUBLIC WORKS
CONSULTING ENGINEERS
140 NORTH TUCSON WMEVAIRD. TUCSON. AR12ONA 831is (520, 791-3,33 FAXt 95201 ?11-24DS
THORNYDALE ROAD IMPROVEMENT
QRS CAQ NECKING
ORANGE GROVE TO CDO WASH
WARRANTY DEED
Exempt per ARS § 11 -1 134A.3
Holland Real Estate, LLC, a Colorado limited liability compan ("GRANTOR"), for the
consideration of TEN AND NO/100 DOLLARS and other valuable considerations, does
hereby convey to the Town of Marana, an Arizona municipal corporation ("GRANTEE"), the
following described real property situated in Pima County, Arizona.
SEE ATTACHED LEGAL DESCRIPTION(S) "A" AND EXHIBIT(S) "A-1
SUBJECT TO: Existing covenants, conditions, restrictions, rights of way and easements of
record.
And the GRANTOR does warrant the title against all persons whomsoever, subject to
the matters above set forth.
IN WITNESS WHEREOF, GRANTOR has executed this instrument this 11-5- day of
24944XW, 200 7.
Holland st LC, a lorado 11imite ility company
B 'y
y
Its:
f
X k2002 w3fraMY Deed Page I o 2
-058 ThGl-yda?e RoailReal Property%cq?sitions%HoKand FoldeMolland WaRrr.a,n.styedDOe3eid2lOi7OO59lF9Cdh4F
STATE X0 Vfwb
NOTARY CERTIFICATION
)ss.
County of Pq?c) -)
The ument was aprno p this day of
0 ?wlp&
0
)0
h'60MW y jt"j. aa[U I Q
2
m MCMMIP?i on behalf
of Holland Real Estate, LLC. a Colorado limited liabili!y company.
In witness whereof, I hav set y hand_V
My commission expires: XXIIM? b ?ial seal.
T-
Notary Public
Approved by the Town of Marana
?irector of Public Works
5- day o 2001
CONNIE E. BISHOP
NOTARY PUBLIC
STATE OF COLORADO
My MISSI 15-2009
G?Vrs 04ft
I
3
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61
P?11 C,-,f N-) ` ?)l 1 03 1 16A f-ole',t No 20U ,-'-53
Grart( r HOhn(i Real (-slate pf
mject Na,,i,e 11 -
Fho5,'i,,-dVe Rd. Orange Grove tc CDO
Page 2 of 2
Exhibit A
Description of Right.of-Way Acquisition from Richard W. Holland
Tax Parcel 101-03-918A
A portion of that parcel ofland recorded at Docket 11416, Page 1518, in Pima County, Arizona,
being also a, portion of Lot 2 of Orange Grove Mercado, recorded, at Book 33,? Page 18, of Maps
and Plats in Pima County, Arizona, being also a portion of Section 5, Township 13 South, Range
13 East, Gila and Safi River Meridian, Pima County, Arizona, being more particularly described as
follows:
Commencing at the Southwest comer of said Section 5, marked by a brass cap in casting, from
which the South 'A comer of said Section 5, marked by a 2 inch brass cap in concrete, lies South
880-46'-38" East, 2635.93 feet distant;
thence, along the South line of the Southwest Quarter of said Section 5, South 89*46-38" East,
212.15 feet;
thence, North 0011-1 V-22" East, 75.00 feet to the Southeast corner of said Lot 2;
thence, along the East lirre of said Lot 2, North 011-59'-54" West, 10.03 feet to the point of
beginning, being the Northeast corner of that parcel recorded at Docket 7358, Page 469, in Pima
County, Arizona, marked by a chiseled x;
thence, North 890-46-38" West, 73.70 feet to an angle point in said parcel recorded at said Docket
7358, Page 469, from which a #4 rebar ties North 600-4 V-00" West, 30.87 feet distant;
thence, North 60c-4 V-00" West, 5.76 feet;
thence, South 690-46'-38" East, 78.62 feet to the East line of said Lot 2;
thence, South 01 0-59'-54" East, 2.80 feet to the point of beginning, containing approximately 213
square feet.
The Basis of Bearing is the South line of the Southwest Quarter of said Section 5, being South 890-
46'-38" East as recorded at Book 33, Page 62 of Records of Surveys in Pima County.
. e A r_,4 %?k Page 1 of 2
28745 ROW #8
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E:\0401\OOWOW\Iegals\sht83Vow8-DOC
1211412005
LLJ
z HOLLAND RICHARD W.
W 0-03-MA
EXISTING DKT IM6 PAGE 1518
0 AIGHT-OF4VAY
GROSS AREA 14J26 SF
ROW TAKE 213 SF
NET AREA - 13,913 SF
NO. BEARMfG DISTANCE
U N SF463rW 73.747
12 N 674rOO' W , 576'
0 S 8F46'38*E 78.6?
L4 S 017591541 E 4W
ROW *8
SCALE: r - -V
L4 --\ I = p.0.8.
%-LI
EXISTING
RIGHT-OF-WAY
ORANGE GROVE ROAD
Exhibit A-1 Ise or alterotion of the inforrmit- in this instruffeni
for other thon the sP66flc KrPm for 'hich It vOs
Vm It VW 4
Exhibit showing the Right-of-Woy Acquisition mtermd and for other than the Client for
A Portion of Section 5. Township 13 South, Range 13 East, vopored is forbidden uniess npreamy permitted in
witing in oa-imm by A.S? UMEFIK INCORPMATED,
Gilo and Solt River Meridian from Holland, Richard W. and R.S. ENGIKERIK INCORFORATE4 shol I hove Ao
i iobi I iiy.to any use of,ihis Informi ;on vlothout their
Tax Parcel
No. 101-03-918A.
written consent. ONS ENCINEERING
TO% W N OF MARANA
i R S.ENGINEERINGDEPARTMENT OF 'PUBLIC WORKS.
"I CO.NSULT,ING ENGINEERS THORNYDALE ROAD IMPROVEMENT
24;= %Um OQU11M. naft. mna 15716 IS201 111-3933 FAKJ 45201 791-"05
?W"410
ORANGE GROVE TO CDO WASH
PVE 2 OF Z
--------- - ------- ------------- - ----- - --------------- -------- ---- - ------- - -----
SPECIAL WARRANTY DEED
Exempt per ARS § 11-1 134A.3
Town of Marana, an Arizona municipal corporation ("GRANTOR"), for the
consideration of TEN AND NO/100 DOLLARS and other valuable considerations, does
hereby convey to Holland Real Estate, LLC, a Colorado limited liability company the
("GRANTEE"), the following described real property situated in Pima County, Arizona.
SEE ATTACHED LEGAL DESCRIPTION(S) "C" AND EXHIBIT(S) "C-1"
This conveyance and the warranties contained in this instrument are hereby
expressly made subject to existing encumbrances, covenants, conditions, restrictions, rights
of way and easements of record.
AND THE SAID GRANTOR will only warrant and forever defend the right and title
to the above described property unto the said GRANTEE against the claims of those
persons claiming by, through or under GRANTOR, but not otherwise.
IN WITNESS WHEREOF, GRANTOR has executed this instrument this day of
.JA#JU*R I , 2001
TOWN OF IVIARA?,, LRIZONA
I
Ed Honea, Mayor
STATE OF ARIZONA ss.
County of Pima
This instrument was acknowledged before me on 200f, by Ed
Honea, Mayor, on behalf of the Town of Marana.
My Commission Expires:
"771 A
NOTARY PUBLIC
STATE OF ARIZONA Notary Publi?
County of Pima
DIANE MANGIALARDI
.erdExpl.reS03-17-08 Page 1 of 1
-D58 Thornydale Road\Real PropertykAcquisitions*blland Foldeffown Special Warranty Deed 070919 doc
Revised 03121/05 FC:MF
Exhibit C
Description of Proposed Right-of-Way f -or Holland Real Estate LLC
Tax Parcel 101-03-918A
A portion of that parcel of land recorded at Docket 11416, Page 1518, in Pima County, Arizona,
being also a portion of Lot 2 of Orange Grove Mercado, recorded at Book 33, Page 18, of Maps
and Plats in Pima County, Arizona, being also a portion of Section.5, Township 13 South, Range
13 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as
follows:
Commencing at the Southwest corner of said Section 5, marked by a brass cap in casting, from
which the South 1/4comer of said Section 5, marked by a 2 inch brass cap in concrete, lies South
890-46'-38" East, 2635.93 feet distant;
thence, along the South line of the Southwest Quarter of said Section 5, South 890-46'-38" East,
212.15 feet;
thence, North 000- 1 X-22" East, 75.00 feet to the Southeast corner of said Lot 2;
thence, along the East line of said Lot 2, North 0 1 0-5W-5,V West, 10.03 feet to the Northeast
comer of that parcel recorded at Docket 7358, Page 469, in Pima County, Arizona, marked by a
chiseled x;
thence, North 8911-46'-38" West, 73.70 feet to an angle point in said parcel recorded at said Docket
7358, Page 469, from which a #4 rebar lies North 60c.4l'-00" West, 30-87 feet distant;
thence, North 600-4l'-00" West, 5.77 feet to the Point Of Beginning;
thence, continuing North 600-4l'-00" West, 25.10 feet;
thence, North 020-00'-53" West, 94.64 feet;
thence, North 070-45'.43" West, 29.23 feet;
thence, South 8811-Ol'-23" West, 10.83 feet;
thence, South 080-52-20" East, 24.06 feet;
thence, South 020-42-26" East, 99.69 feet;
thence, South 590-35-51" East, 23.84 feet;
thence, South 890-46'-38- East, 11.00 feet to the point of beginning, said parcel containing 1404.77
square feet, more or less.
E:\0401\00\ROW\Iegals\sht83\rowlO.DOC 7/18/2007
The Basis of Bearing is the South line of the Southwest Quarter of said Section 5, being South 890-
46'-38" East at recorded at Book 33, Page 62 of Records of Surveys in Pima County.
Page 2 of 2
ROW#10
E:\0401\00\ROW\Iegals\sht83\rowlo.DOC 7/18/2007
EXISTING
RIGHT-01"WAY
Qj
L-5 L-'
0
cy-
LJ
_j
z
a:: I PROPOSED
0 fim *10
L6
e
SECTMN LINE
S 02WO' E
U
L2
LI
__? Q=j --
HOLLAND REAL ESTATE LLC
0-03-918A
DKT. 11411% PAGE 1518
GROSS AREA - 14J26 SF
ROW GAIN 1,4125 SF
NET AREA 15,531 SP
.Wff
NO. BEARING 61STAACE
U N 6O!4rOO' W 2W
L2 N O?OO'5Y W 9464'
L3 N 07?? W 292Y
L4 S WOFZP W M831
L5 S OFW217 E 24.OT
L6 S 0042217E 99BY
L7 S 5735'Sr E I 25B4'
L8 I S 89-W3ir E I 1W I
POB
EXISTING
LB --J RIGHr-0F-WA1`
ORANGE GROVE ROAD
SW COR. SEC 5
8746'-'WE
N
SCkE.. r - 30,
Use or alteration of the information in this instruvent
for other than the specific purpose for which It was
Intended and for other than the client for Vm 11
prepared I forbidden unless expressly permitted in
Exhibit showinig the pro?osed Right-of W% writing insadvance by R.S. ENGINEERING IWORPORATED.
for Hollond. R chard W . ox PorcelNo. 101- 3-918A arx! R.S. ENGINEERING INMRPORATED shall hm
liability to any use of this information without their
no
written consent. (E) Rs ENGINEERING
R S ENGINEERING
CONSULTING ENGINEERS
140 NORTH cso" BOULEVARD. TUCSON. ARIZONA 65716 ISM ?91-3933 FAX- 45201 791-24DS
TL
Ons 0401119eftn";
TOWN OF MARANA
DEPARTMENT OF PUBLIC WORKS
THORNYDALE ROAD IMPROVEMENT
ORANGE GROVE TO CDO WASH
E.3
i,