HomeMy WebLinkAboutResolution 2001-032 harshbarger condemnation settlement F. ANN RODRIGUEZ, RECORDER ~ DOCKET: 11511
RECORDED BY: VLW ~ PAGE: 1679
DEPUTY RECORDER NO. OF PAGES: 17
7995 ROOC SEQUENCE: 20010560452
SM~RA 03/22/2001
TOWN OF M3~RANA RES 14:49
ATTN: TOWN CLERK
13251 N LON ADAMS RD 14~IL
M~RANA AZ 85653
AMOUNT PAID $ 14.00
MARANA RESOLUTION NO. 2001-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE SETTLEMENT OF A CONDEMNATION LAWSUIT FOR RIGHT-OF-WAY
ALONG HARTMAN LANE: TOWN OF MARANA g.. LA URA J.. HARSHBARGER, ETA£. (CASE
NO. C20001137).
WHEREAS, pursuant to Marana Resolution No. 98-118, the Town Attorney was directed
to acquire'through legal process all right-of-way necessary for improvement plans along Hartman
Lane; and
WHEREAS, the Town Attorney filed eminent domain case number C20001137 to acquire
right-of-way along Hartman Lane, and the Town Attorney has negotiated on behalf of the Town to
settle that case on fair and equitable terms as depicted on Exhibit A, attached hereto and incorporated
herein by this reference; and
WHEREAS, the Mayor and Council have reviewed the Stipulated Settlement and Order,
attached hereto as Exhibit A, and find that entering into them is in the best interest of the Town and
its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, that the Town Attorney's Office is authorized and directed to sign on behalf of the Town
any all documents necessary to effectuate the Stipulated Settlement and Order, attached hereto as
Exhibit A, and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the Town's officers and staff are authorized to take all
steps necessary and proper to give effect to the Stipulated Settlement and Order.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20~h day of March, 2001.
ATTEST:
x'-~elyn Ct~ntz
Marana, Arizona Resolution No. 2001-32 Page 1 of 3 /;
APPROVED AS TO FORM:
as Town Attorney
and not personally
Marana, Arizona Resolution No. 2001-32 Page 2 of 3
EXHIBIT A
[STIPULATED SETTLEMENT AND ORDER]
Marana, Arizona Resolution No. 2001-32 Page 3 of 3
1
2
DANIEL J. HOCHULI & ASSOCIATES, P.C.
3 220 E. Wetmore Road, Suite 110
Tucson, Arizona 85705-1748
4 (520) 623-1461
5 THOMAS A. BENAVIDEZ
AZ Bar #:017126 P.C.C. #: 65116
6
Attorney for the Town of Marana
7
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
8
COUNTY OF PIMA
9
10 TOWN OF MARANA,
a body politic and corporate, NO: C20001137
11 Plaintiff, STIPULATION FOR SETTLEMENT
VS.
12 LAURA J. HARSHBARGER, a single woman (Eminent Domain)
13 CITIBANK (ARIZONA), an Arizona
Corporation,
14
Defendants.
15
16
Plaintiff, TOWN OF MARANA ("Plaintiff"), by and through undersigned counsel, and
17
Defendant LAURA J. HARSHBARGER, ("Defendant"), by and through undersigned counsel, stipulate
18
as follows:
19
1. That these proceedings in Eminent Domain have concluded and were conducted
20
according to law.
21
2. That the use for which Plaintiff seeks to condemn certain real property described on
22
Exhibit "A", and attached hereto and incorporated herein by this reference, ("Needed
23
Property") which is owned by Defendant in fee, is a public use authorized by law.
24
3. Defendant also owns in fee the real property described on Exhibit "B," attached hereto
25
and incorporated herein by this reference ("Affected Land").
26
4. That the taking of the Needed Property is necessary to said lawful use, and the sum of
27
28 ~:x~-n,a~s.o.wm) 1
1 $29,979.00 is the fair purchase price for the Needed Property and includes compensation
2 for any and all present and future damages of any kind and nature arising out of the
3 Plaintiff's taking of the Needed Property.
4 5. Plaintiff shall pay interest on the sum of $29,979.00, at the statutory rate, from the date
5 of immediate possession, April 4, 2000, until March 25, 2001 ("Interest").
6 6. Plaintiif shall within five (5) days of the date the Marana Council adopts this Stipulation,
7 pay to Defendant's counsel the sum of $29,979.00, plus the interest described in
8 Paragraph 5, above. This is the total compensation due to Defendant which includes
9 compensation for any and all present and future damages of any kind and nature arising
l0 out of the Plaintiff's taking of the Needed Property.
i 1 7. Upon payment of the funds described in Paragraph 6 above, within two (2) days of
12 receipt of these funds, Defendant shall execute and file with this Court a Satisfaction of
13 Judgment, subject to the continuing obligations of the parties as expressed herein. Upon
14 filing of a Satisfaction of Judgment, the Clerk, without further order of this Court, is
15 ordered to exonerate the bond for immediate possession posted by Plaintiff on April 18,
16 2000.
17 8. Upon compliance with the forgoing terms of this Stipulation, the Plaintiff shall prepare
18 and the Court shall enter its Final Order of Condemnation vesting in Plaintiff title, in fee
19 simple, to the Needed Property.
20 9. Plaintiff shall provide an 8-inch sewer stub-out and manhole to the Affected Property
21 within twelve (12) months of the date of this Stipulation. The 8-inch stub-out shall be
22 installed at the southwestern boundary of the Defendant's Affected Property, so that
23 Defendant can access the stub-out. Plaintiff shall discuss with Defendant the details of
24 the sewer stub-out and the manhole before the installation commences, and shall comply
25 with all reasonable requests made by Defendant with relation to the sewer stub-out and
26 the manhole installation. However, the installation is subject to all applicable design
27
28 u:~,n,~xs.o.w~D 2
1 standards imposed by Pima County.
2
3
4
5 10. Plaintiff shall restore the north and south driveway access points which currently exist
6 to Defendant's Affected Property with such access to be in the locations as currently exist
7 within twelve (12) months of the date of this stipulation. The restoration of the north and
8 south driveway access shall be paved up to the perimeter gate and shall be in compliance
9 with all applicable governmental standards, regulations, and Defendant's reasonable
10 consent and approval.
11 11. Plaintiff shall restore any existing fence disturbed due to the project, and shall relocate
12 all entrance gates to the Affected Property pursuant to the specifications attached as
13 Exhibit "C" attached hereto and incorporated herein by this reference, within sixty (60)
14 days of the date of this Stipulation. The restoration of any existing fence and the
15 relocation of all entrance gates shall also be subject to Defendant's reasonable approval.
16 Plaintiff shall also restore and reconnect all utilities disturbed, which arise from or relate
17 to the project, as existed before the taking of the Needed Property and shall also be
18 subject to Defendant's reasonable approval.
19 12. When Plaintiff undertakes widening of Hartman Lane, and/or when Plaintiff restores the
20 paved driveway access points on parcel number 221-14-011A of the Affected Land as
21 stated in paragraph I 0 of this Stipulation, and/or when Plaintiff relocates the entrance
22 gates as stated in paragraph 11 of this Stipulation, Defendant shall, and hereby does,
23 grant permission to the Pla'mtiff, its agents, employees and contractors, to enter upon the
24 Affected Land, when and where necessary, to create the driveway access points, relocate
25 the gates, widen Hartman Lane and conduct necessary surveys to complete the project.
26 13. Upon completion of the driveway access points those improvements located upon the
27
28 }~:~-a,*~s.o.wvo 3
1 Affected Land shall be considered as the sole property of the Defendant and Defendant
2 shall be responsible for the maintenance and repair of said improvements.
3 14. Plaintiff shall indemnify and fully defend, save, and hold harmless the Defendant for and
4 from any damage, cost, liability, claim, or cause of action, whether at law or in equity,
5 arising from or relating to the widening of Hartman Lane, relocating the gates or
6 restoring the driveway access points to the Affected Property.
7 15. Nothing contained herein shall be construed as a warranty that Plaintiff will widen
8 Hartman Lane.
9 16. The parties shall bear their own fees and costs incurred in this action.
10 17. In the event of any dispute relating to this Stipulation or the performance or enforcement
11 of the obligations set forth herein, the prevailing party shall be entitled to reasonable
12 attorney's fees and costs incurred in connection with enforcement of the action, in
13 addition to other relief.
14 18. The Plaintiff and Defendant shall make, execute, and deliver such other documents and
15 instruments as may be reasonably necessary or appropriate to carry out the full intent and
16 purpose of this Stipulation.
17 DANIEL J. HOCHULI & ASSOCIATES, P.C.
18
Thomas A. Benavidez, Esq.
19 Attorney for Plaintiff
20 Dated:
Laura J. Harshbarger
21 Defendant
22 Dated:
Oscar Lizardi
23 Attorney for Defendant
24
25
26
27
28
H:kLYNN\S.O.WPD 4
1
2
3
4 EXHIBIT A
DESCRIPTION OF NEEDED PROPERTY
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
H:\LYNN~.O.WPD 5
1
2
3
4 EXItIBIT B
DESCRIPTION OF AFFECTED LAND
5
6
7
8
9
10
11
12
i3
14
15
I6
17
18
19
20
21
22
23
24
25
26
27
28
H:~LYNN~.O.WPD 6
1
2
EXHIBIT C
5 FENCING DESCRIPTION
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
H:kLYNN~q.O.WPD 7
1
2
3
4
5
6
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7
COUNTY OF PIMA
8
9 aT~d~6~ffiMa~R~rate, NO: C20001137
Plaintiff, ORDER FOR SETTLEMENT
10 vs.
(Eminent Domain)
11 LAURA J. HARSHBARGER, a single woman;
12 CITIBANK (ARIZONA), an Arizona
Corporation,
13 Defendants.
14
15
The Court having reviewed the foregoing Stipulated Settlement of the parties,
16
THE COURT FINDS AND ORDERS AS FOLLOWS:
17
1. That these proceedings in Eminent Domain have concluded and were conducted
18
according to law.
19
2. That the use for which Plaintiff seeks to condemn the Needed Property, said property is
20
described on Exhibit "A" attached hereto and incorporated herein by this reference, and
21
owned by Defendant in fee, is a public use authorized by law.
22
3. That Defendant also owns in fee the Affected Land, described on Exhibit "B," attached
23
hereto and incorporated herein by this reference.
24
4. That the taking of the Needed Property is necessary to said lawful use, and the sum of
25
$29,979 .00 is the fair purchase price for the Needed Property and includes compensation
26
for any and all present and future damages of any kind and nature arising out of the
27
28
H:~LYNN~.O.WPD 8
1 Plaintiff's taking of the Needed Property.
2
3 5. That Plaintiff shall pay interest on the sum of $29,979.00, at the statutory rate, fi.om the
4 date of immediate possession, April 4, 2000, until March 25, 2001 ("Interest").
5 6. That Plaintiff shall, within five (5) days of the date the Marana Council approves the
6 Stipulation, pay to Defendant's counsel the sum of $29,979.00, plus the Interest
7 described in Paragraph 5, above. This is the total monetary compensation due to
8 Defendant, which includes compensation for any and all present and future damages of
9 any kind and nature arising out of the Plaintiff's taking of the Needed Property.
10 7. That upon payment of the funds described in Paragraph 6, above, within two (2) days of
11 receipt of these funds, Defendant shall execute and file with this Court a Satisfaction of
12 Judgment, subject to the cont'muing obligations of the parties as expressed herein. Upon
13 filing of a Satisfaction of Judgment, the Clerk, without further order of this Court, is
14 ordered to exonerate the bond for immediate possession posted by Plaintiff on April 18,
15 2000.
16 8. That upon compliance with the forgoing terms of this Judgment, the Plaintiff shall
17 prepare and the Court will enter its Final Order of Condemnation vesting in Plaintiff title,
18 in fee simple, to the Needed Property.
19 9. That Plaintiff shall provide an 8-inch sewer stub-out and manhole to the Affected
20 Property within twelve (12) months fi.om the date of the Stipulation. The 8-inch stub-out
21 shall be installed at the southwestem boundary of Defendant's Affected Property so that
22 Defendant can access the stub-out. Plaintiff shall discuss with Defendant the details of
23 the sewer stub-out and the manhole before the installation commences, and shall comply
24 with all reasonable requests made by Defendant with relation to the sewer stub-out and
25 the manhole installation. However, installation is subject to all applicable design
26 standards imposed by Pima County.
27
28
H:\LYNN~S.O.WPD 9
1 10. That Plaintiff shall restore the north and south driveway access points which currently
2 exist to the Defendant's Affected Property, with such access to be in the location as
3 currently exists within twelve (12) months of the date of the Stipulation. The restoration
4 of the north and south driveway access shall be paved up to the perimeter gate and shall
5 be in compliance with all applicable governmental standards and regulations, and the
6 Defendant's reasonable consent and approval.
7 11. Plaintiff shall restore any existing fence disturbed due to the project, and shall relocate
8 all entrance gates to the Affected Property pursuant to the specifications attached as
9 Exhibit "C" attached hereto and incorporated herein by this reference, within sixty (60)
10 days of the Stipulation. The restoration of any existing fence and the relocation of all
11 entrance gates shall also be subject to Defendant's reasonable approval. Plaintiff shall
12 also restore and reconnect all utilities disturbed, which arise from or relate to the project,
13 as existed before the taking of the Needed Property and shall also be subject to
14 Defendant's reasonable approval.
15 12. That when Plaintiff undertakes widening of Hartman Lane, and/or when Plaintiff restores
16 the paved driveway access points on parcel number 221-14-01 lA of the Affected Land
17 as stated il~ paragraph 10 of this Order, and/or when Plaintiff relocates the entrance gates
18 as stated in paragraph 11 of this Order, Defendant shall, and hereby does, grant
19 permission to the Plaintiff, its agents, employees and contractors, to enter upon the
20 Affected Land, when and where necessary, to create the driveway access points, widen
21 Hartman Lane and conduct necessary surveys to complete the project.
22 13. That upon completion of the driveway access points, those improvements located upon
23 the Affected Land shall be considered the sole property of the Defendant, and Defendant
24 shall be responsible for the maintenance and repair of said improvements.
25 14. That Plaintiff shall indemnify and fully defend, save, and hold harmless the Defendant
26 for and from any damage, cost, liability, claim or cause of action, whether at law or
27
28
H:~LYNNkS.O.WPD l 0
1 equity, arising from or relating to the widening of Hartman Lane, relocating the gates or
2 restoring the driveway access points to the Affected Property.
3 15. That nothing contained herein shall be construed as a warranty that Plaintiff will widen
4 Hartman Lane.
5 16. That the parties shall bear their own fees and costs incurred in this action.
6
7 17. That in the event of any dispute relating to this Order or the performance or enforcement
8 of the obligations set forth herein, the prevailing party shall be entitled to reasonable
9 attorney's fees and costs incurred in connection with the enforcement of the action, in
i 0 addition to all other relief.
11 18. That Plaintiff and Defendant shall make, execute, and deliver such other documents and
12 instruments as may be reasonably necessary or appropriate to carry out the full intent and
13 purpose of this Order.
14
15
16 DATED this __ day of ., 2001.
17
18 Pima County Superior Court Judge
19
20
21
22
23
24
25
26
27
28
H:kLYNN~S.O.WPD 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 EXHIBIT A
18 DESCRIPTION OF NEEDED PROPERTY
19
20
21
22
23
24
25
26
27
28
H :\LYNNXS.O.WPD 12
1
2
3
4
5
6
7
8
9
I0
11
12
13
14
15
16
17
18
19 EXItlBIT B
20 DESCRIPTION OF AFFECTED LAND
21
22
23
24
25
26
27
28
H:~LYNqq~S.O.WPD 13
1
2
3
4
5 EXHIBIT C
6 FENCING DESCRIPTION
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
H:~LYNN~S.O.WPD 14