HomeMy WebLinkAboutResolution 2001-163 annexation agreement with state land ~'. ANN RODiR]'GUEz, RECORDER
RECORDED B~: D K ~ DOCKET: 2.1705
D~PUT/' RECORDER PAGE: 5153
SI~ 7864 RO0c NO. OF PAGEs: 9
SEQUENCE: 20012501205
TOWN OF MiI~.RANA 2-2/28/2001
ATTN: TOWN CLERK RES .17:01
13251 N LON ADAMs RD
ivLM~*.NA AZ, 85653 I"L~IL
AMOUNT PAID $ 10.00
/~dV, A/~A RE$OLI_~TIO/~/~O. 2001-163
A P~S OLUTION OF TH~ MAYOi~ AND COUNCIL OF THE TO Vv'N OF MARANA, AR/ZONA,
AUTHOR/Z.~NG THE APPROVAL AND EXECUTION OF AN ANNeXATiON
DEVELO?/V~ENT AGP.~EMENT
STAT~ L~ D~P~T~E~' ~ OF M~A ~ THH ~ONA
~a to State L~d Dcp~cnt has ~tcd Pc~ission to thc Town of
~cx approxfmatciy 24,500 acres of State
~E~AS, ~c ~ayor ~d Co.cfi o
of thc Town's bo~d~cs by
...... ~s~s o~t~c Town ~d its residents
~AS, ~ a condition ofs~d ~cxation, ~c L~d Dc9~cm requires ~at ~ To~
a~provc th~ ~cxation ~d Dcvc~opmcnt A~ccmcnt, attached b~rc~o as
inco~oratcd hcrcfn by ~s reference;
~H~AS, ~ ~cxatfon
Smtc % conccpma~ p~ into ~c T
own s gcncrai
~H~AS, thc ~cxat~on ~d Development A~ccment ~m9oscs no fm~cia] cost in thc
Town; ~d
Dcvc~°Pment A~ccmcnt ~ ~objcct~onab]c ~d do not conflict w~ thc To~ s ~cncra] p~ or
with ~c interests of thc To~ or its rcsfdcnts;
~H~AS, ~ ~ayor
Dcvc~ogmcnt A~ccmcnt fs fn ~c best fntcrcsts of thc Town,
NOW, THE~FO~' B~
~zona, that ~ ~cxation ~d Development
mco~omtcd herein by ~is reference, is hereby a~provcd.
BE ~ F~T~R ~SOLVHD by
auto.zed ~o execute thc ~cxa~on
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Ar/zona. this ~tth A.., _.o~.~ .
· 1,~ ,~.y m~ecemt~er, 2001.
ATTEST: ~
~P~OVED AS TO~O~: =._ ~RM.~# ~
As Tow~ Attorney and not pc~so~]y
EXHIBIT A
Annexation and Development Agreement
Between
The Town of Marana
and
The Arizona State Land Department
By and Through the Arizona
State Land Commissioner
This Annexation and Development Agreement ("the Agreement") is made this
~day of ,2001, by and between the Town of Marana (the "Town") and the
State Land Commissioner-of the State of Arizona ("Commissioner" or "State") on behalf of the
State Land Department and the State of Arizona.
Recitals
A. A.R.S. § 9-500.05 author/zes the Town to enter into an agreement with
any pers. on or entity having an interest in real property providing for the
annexation and development of such property and certain development
rights therein.
B. The State of Arizona is the owner of approximately 22,900 acres of real
property located in Pima County, Arizona, legally described and depicted
on "Exhibit A" attached hereto (the State Land). The State Land is land
granted to the State in trust by the Enabling Act and administered by the
Land Commissioner and the State Land Department in the best interest of
the Trust.
C. The Town desires to extend and increase its corporate boundaries by
annexation of a portion of unincorporated Pima County which includes,
among other property, the State Land.
D. The Town and the State are entering into this Agreement pursuant to the
provisions ofA.R.S. § 9-500.05 in order to retain the State's options for
grazing after annexation and to address the general urban uses and
densities if and when the State seeks urban development of the State Land.
E. The Town and the State further acknowledge that the development of the
State Land in accord with the best interest of the trust requires that the
State have assurances from the Town that if and when the State seeks to
have the State Land developed for urban use, the ultimate mixes and
densities of land uses on the State Land will be consistent with the State's
conceptual plan as it is integrated into the local general plan.
F. The Mayor and Town Council of the Town have authorized the execution
of this Agreement by Resolution No. to which this
Agreement is attached. -- ---'
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AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which
is hereby acknowledged, the part/es agree as follows:
ARTICLE 1
Recitals Incorporated
The recitals listed above are acknowledged by the parties to be tree and correct
and are incorporated herein by reference.
ARTICLE 2
Annexation Approvals
2.1 If Commissioner and Selection Board approval of the annexation is given,
thereafter the Town shall diligently attempt to annex the State Land and perform all actions
necessary to accomplish the annexation of the State Lands in the annexation configuration
presented to the Selection Board. The parties acknowledge that the State Land may not be the
only property to be included in the annexation, and that the annexation may ultimately not be
completed due to inability to obtain required signatures of other property owners whose lands are
included in the annexation. The Agreement shall not become operative unless an annexation of
State Land is completed.
2.2 The Annexation of the State Land shall only become final and effective when the
ordinance approving the annexation becomes final either without challenge pursuant to A.R.S. ~
9-471 or if there is a challenge, after a final court determination that the annexation is valid.
ARTICLE 3
Requirements and Limitations
3.1 The State enters into this Agreement in reliance upon the T '
own s assurance and
agreement that it will not hinder the State in the development and use of trust land.
3.2 The Town shall integrate the State's conceptual plan into its local general plan.
3.3 The State enters into this agreement in reliance upon the Town's assurance that there
are no Town ordinances prohibiting the open range grazing of livestock that would apply to the
State Land and that the Town will enact no ordinances that would preclude the open range
grazing of livestock on the State Land that is currently under lease or permit for grazing.
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ARTICLE 4
Successors and Assigns
4.1 Pursuant to A.R.S. § 9-500.05(D), all of the provisions of this Agreement shall inure
to the benefit of and be binding on the successors and assigns of the parties to this Agreement.
4.2 This Agreement shall be effective from and after the date of execution until
terminated in writing by mutual agreement of the parties. Upon that date the Agreement shall
terminate. Such termination shall not affect any rights to development that have been approved
or vested prior to the termination of the Agreement.
4.3 The Town shall cause the executed Agreement to be recorded in the official records
of the Pima County Recorder's Office within ten days after the Commissioner transmits the
Agreement to the Town.
ARTICLE 5
Default
5.1 Breach of any provision by any party for a period of thirty (30) days after written
notice of such breach from the other party shall constitute a default under the Agreement. The
notice shall indicate what the default is and in what manner a cure may be effected. In the event
ora default by any party, the other party shall be entitle to all remedies in law and equity
including specific performance and damages.
5.2 If an action or other proceeding is brought by any party with respect to its rights
under this Agreement the prevailing party is entitled to recover its reasonable attorneys fees
incurred and court costs as determined by the court.
5.3 This Agreement has been negotiated with input from separate counsel of the parties
and no party shall be deemed to have drafted the agreement for purposes of construing the any
part of the Agreement for or against any party.
ARTICLE 6
Notices
6.1 Any notices or communications or consents required to be given under this
Agreement shall be in writing and served by certified mail return receipt requested. All notices
shall be addressed and directed to the party to receive the notice as follows:
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If the Town:
Town Manager
Town of Marana
13251 North Lone Adams Road
Marana, AZ 85653-9723
If the Commissioner:
State Land Commissioner
Arizona State Land Department
1616 W. Adams
Phoenix, Arizona 85007
Notices shall be deemed to have been delivered when actually received. Any party may
change the person or address to which Notice is given by delivery to the other party, which
change shall be effective after receipt by the other party.
ARTICLE 7
Miscellaneous
7.1 Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Arizona, including the provisions ofA.R.S. § 38-511.
7.2 Exhibits Incorporated. Any exhibit attached to this Agreement shall be deemed to
have been incorporated in this Agreement by this reference with the same force and effect as if it
were fully set forth in the body of the Agreement.
7.3 Audit of Records. Pursuant to A.R.S. § 35-214 and 35-215 the Town shall retain all
records relating to this contract for a period of ftve years after completion of the Contract. All
records shall be subject to inspection and audit by the State at reasonable times. Upon request,
the Town shall produce the original of any or all such records.
7.4 Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State, its
political subdivisions or any department or agency of either may, within three '/ears after its
execution, cancel any contract, without penalty or further obligation, made by [he State, its
political subdivisions, or any of the departments or agencies of either if any person significantly
involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the
State, its political subdivisions or any of the departments or agencies of either is, at any time
while the contract or any extension of the contract is in effect, an employee or agent of any other
party to the contract in any capacity or a consultant to any other party to the contract with respect
to the subject matter of the contract. A cancellation made pursuant to this provision shall be
effective when the other party receives written notice of the cancellation tmless the notice
specifies a later time.
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7.5 Arbitration. The parties to this Contract agree to resolve all disputes ar/sing out of
or relating to this contract through arbitration, to the extent required by A.R.S. § 12~1518 except
as may be required by other applicable statutes.
7.6 Non-Availability of Funds. Any obligation of the State under this Agreement that
involves the expenditure of state funds is conditioned upon the availability of funds appropriated
or allocated for payment of such obligation. If funds are not allocated and available for the
continuance of this Agreement, no liability shall accrue to the State.
7.6 Amendments. This Agreement may be amended from time to time by written
agreement executed by the Town and the Commissioner.
Town of Marana State Land Department
By_ By_
Date
Mayor State Land Commissioner
Attest
By_
Town Clerk
STATE OF ARIZONA )
: SS.
County of Pima )
The foregoing instrument was acknowledged before me this day of
2001, by , Mayor of Marana, who ac/~mowledged that he/she '
signed the foregoing instrument on behalf of the Town.
My Commission Expires: Notary Public
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' STATE OF ARIZONA )
County of Maricopa )
The foregoing instrument was acknowledged before me this ~ day of
2001, by
~,.ug~u mat l~e/she ~i~,nod~. ~ zmzona ~State
..... sneu [ne toregmng instrument on its beh~'[
My Commission Expires: Notary Public
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