HomeMy WebLinkAboutResolution 2000-086 tucson acquisition of marana property for wellsite Y-004A F. ANN RODRIGUEZ,
RECORDED BY: CRT
DEPUTY
0234
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
RECORDER
RECORDER
ROOD
DOCKET: 11379
PAGE: 1729
NO. OF PAGES: 12
SEQUENCE: 20001750442
09/08/2000
RES 16:37
MAIL
AMOUNT PAID $ 11.50
MARANA RESOLUTION NO. 2000-86
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE AGREEMENT FOR CONVEYANCE OF REAL PROPERTY MADE BY
AND BETWEEN THE TOWN OF MARANA, AN ARIZONA MUNICIPALITY, HEREINAFTER
CALLED MARANA AND THE CITY OF TUCSON, A MUNICIPAL CORPORATION,
HEREINAFTER CALLED CITY.
WHEREAS, Marana is the owner of certain real property situated in the County of Pima,
State of Arizona, described on Exhibit "A-l, A-2, and A-4" attached hereto and by reference made
a part hereof as fully as if set forth herein in full; and
WHEREAS, the City of Tucson wishes to acquire that real property owned by and located
within the municipal boundaries of the Town for the purpose of creating wellsite Y-004A as a
unified project with certain real property owned by the City situated in the County of Pima, State of
Arizona, described on Exhibit "B-3 and B-5" attached hereto and by reference made a part hereof
as fully as if set forth herein in full; and
WHEREAS, the parties have entered into an agreement to convey the described real property
of the Town, as set forth in the Agreement for the Conveyance of Real Property attached hereto as
Exhibit "1," and as depicted on the map attached as Exhibit "C;" and
WHEREAS, the parties agree that this transfer of real property shall be made for no present
consideration but in the event that the Town purchases all or a substantial portion of the City water
facilities located within the Town, the transfer of wellsite Y-004A will occur at the value of the well
but not include the land acquired by the City from Marana for creation of that wellsite; and
WHEREAS, the Mayor and Council of the Town of Marana determine that this conveyance
of real property is in the best interest of the Town and the residents of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Agreement for the Conveyance of Real Property from Marana to the City,
attached hereto and specifically incorporated herein by this reference, is hereby approved.
PAGES OF THIS DOCUIV)ENT MAY NOT
REPRODUCE WELL ON FILM.
Pima County Recorder's Office
Marana, Arizona Resolution No. 2000-86
Page 1 of 1
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
1 st day of August, 2000.
ATTEST:
APPROVED AS TO FORM:
Darnel J Ho~, Esq
As Town Attorney
and not personally
SUTTON, JR.
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Marana, Arizona Resolution No. 2000-86 Page 2 of 2
EXHIBIT "1"
AGREEMENT FOR THE CONVEYANCE OF REAL PROPERTY
This Agreement, made and entered into this day of ,2000,
by and between THE TOWN OF MARANA, an Arizona Municipality, hereinafter called Marana
and the CITY OF TUCSON, a municipal corporation, hereinafter called City.
WlTNESSETH:
WHEREAS, Marana is the owner of certain real property situated in the County of Pima,
State of Arizon. a, described on Exhibit "A-l, A-2, and A-4" attached hereto and by reference made
a part hereof as fully as if set forth herein full; and
WHEREAS, City is the owner of certain real property situated in the County of Pima, State
of Arizona, described on Exhibit "B-3 and B-5" attached hereto and by reference made a part
hereof as fully as if set forth herein full, and
WHEREAS, the parties have agreed to convey their lands as hereinafter set forth; and as
C,
depicted on the map attached as Exhibit .....
NOW THEREFORE, in consideration of the promises of each part, to the other as
hereinafter stated, and other consideration recited herein, the parties agree as follows:
1. Marana agrees to convey to CID/, by Quitclaim Deed, the land owned by Marana and
described on Exhibit "A-1 and Ao4" and an Access and Public Utility Easement described on Exhibit
"A-2" by a Easement, attached hereto and made a part hereof free and clear of all liens and
encumbrances, except such encumbrances as may be acceptable to CID/.
2. The CiD/ and Marana agree that no additional consideration shall be owed to either
party.
3. EXhibit "A-l, A-2, and A-4" is conveyed to the City with the intent to create wellsite
Y-004A. The conveyance of property shall also provide the City with access to a public roadway.
Marana releases and relinquishes to the City all further obligations or claims for damages.
4. The City shall pr6vide and pay for standard form title insurance with respect to Exhibit
A-l, A-2, and A: , if the City so desires.
5. The CiD/and Marana hereby represent that to the best of their knowledge no
pollutants, contaminants or hazardous substances are located at surface of subsurface levels of
each respective parties' properD/that the properties are in compliance with all federal, state and
local environmental laws, regulations and ordinances; and that no environmental legal action of
any kind has been commenced, nor are there grounds for any such action, with respect to each
property by any person, public or private.
RP 2450
Ordinance No. 8614
0192-1771-00/007
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6. The parties agree that in the event of any future transfer of all or a substantial portion
of City of TUCSOn water facilities located within the Town of Marana to the Town of Marana by
agreement, the transfer of wellsite Y004A will occur at the value of the well but not to include
land from Marana.
7. All representations and warranties contained herein shall survive at date of recording.
All terms, covenants, conditions and provisions contained herein shall extend to and be binding
upon the parties, their assignees, heirs, devisees, personal representatives or other successors in
interest, irrespective of how said interest was acquired.
8. This instrument contains the entire agreement between the City of Tucson and the
TOWn of Marana.
All understandings, conversations and communications, oral or written, between the
parties hereto, or on behalf of either of them, are merged into and superseded by this'
Agreement and shall be of no further force or effect. Possession shall be granted upon
recordation of'Quitclaim Deeds and Easement.
Dated this ~ day of ,2000.
The Town of Marana, an Arizona Municipality
By:,
STATE OF ARIZONA )
)SS.
COUNTY OF PIMA )
This instrument was acknowledged before me this, __ dav of
by as
Marana, an Arizona Municipality, for and on behalf of the Municipally.
,2000,
of The Town of
My commission Expires:
Approved as to form:
Pn n ci pa l-AssJstap, t-CJJ:y_Atto r ney
At-test:
City Clerk
RP 2450
Ordinance No. 8614
0192-1771 ~0/007
Notary Public
THE CITY OF TUCSON, a municipal corporation
By:
Mayor
STATE OF ARIZONA )
)SS.
COUNTY OF PIMA )
ThiS instrument was acknowledged before me this, day of ,2000, by
as Mayor of the City of Tucson , and Kathleen S. DerriCk, as Cit~ Clerk of the City of
Tucson
My commission Expires:
Notary Public
BJM:dcb
RP 2450
Ordinance NO. 8614
0192-1771-00/007
H:\MSWORD\B J M\0000?XR2.AGT
EXHIBIT "A-I"
LEGAL DESCRIPTION
WELL SITE Y-004
PARCEL I
ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 21,
TO~,~.'NSF[IP 12 SOUTH. RANGE 12 EAST, GILA AaND SALT RIVER ~[ERIDIAN'.
P[.~L-X COL.'NT. ARIZONA, DESCRIBED AS FOLLOWS:
CO..',,~[ENCfNG AY THE SOUTHWEST CORNER OF TH~ EASY HALF OF SAID
NORTHEAST QUAINTER;
· YHENCE NORTH 00039'07'' WEST ALONG THE WEST LEN-E OF SAID EAST
HALF, A'DISTANCE OF 603.39 FEET;
THENCE NORTH 64°00'00" EAST DEPARTING SAID WEST LINE, A DISTANCE
OF 75.16 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 64000'00'' EAST, A DISTANCE OF 38.14 FEET
TO A PO~N'T ON THE SOUTf~RLY LINE OF THAT PARCEL RECORDED Eq A
DOCKET 6574 PAGE 830, RECORDS OF PIMA COUNTY, ARIZONA;
THENCE NORTH 86°37'5T' WEST ALONG SAIl) SOUTI-tERLY LINE, A
DISTANCE OF 43.76 FEET;
TH]ENCE SOUTH 26000'00'' EAST DEPARTING SAID SOUTfEERLY LINE, A
DISTANCE OF 21.46 FEET TO THE POINT OF BEGINNEqG.
CONTAINING 409 SQUARE FEET, MORE OR LESS.
J."'ffE~NARD F'O-'N-I"ES JII..,-RLS
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LEGAL DESCRIPTION NO. 45 PAGE 1 OF t
EXHIBIT "A-2"
LEGAL DESCRIPTION
WELL SITE Y-004A
PARCEL 2 (ACCESS ,aa\T) UTILITY EASEMENT)
ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 21,
TO~3,'~SHIP 12 SOUTH, K,~NGE 12 EAST. GILA AND S.-kLT RIVER MERIDAN,
PINL-X COU~'NTY, ARIZONA, DESCRIBED AS FOLLOWS:
CON~IENCING AT THE SOUTHWEST CORNER OF THE EAST I-DcLF OF SAID
NORTHEAST QUARTER;
THENCE NORTH 00°39'07" WEST ALONG THE WEST LINE OF SAID EAST
HALF, A DISTANCE OF 603.39 FEET;
THENCE NORTH 64°00'00" EAST, DEPARTING SAD WEST LINE, A DISTANCE
OF 86.42 FEET TO THE POINT OF BEGINNING;
TI-EENCE CONTINUING NORTH 64o00'00'' EAST, A DISTANCE OF 26.88 FEET
TO A POINT ON THE SOUTIffERLY LINE OF THAT PARCEL RECORDED IN
DOCKET 6574 PAGE 830, RECORDS OF PINE-5 COUNTY, ARIZONA;
THENCE SOUTH 86037'57" EAST ALONG THE SOUTHERLY LINE OF SAD
PARCEL, A DISTANCE OF 21.92 FEET;
THENCE SOUTH 13055'40'' EAST, DEPARTING SAD SOUTHERLY LINE, A
DISTANCE OF 29.93 FEET;
THENCE SOUTH 26000'00'' EAST, A DISTAiNCE OF 294.08 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST;
THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ,~RC OF SAD
CURVE, TO TH~ RIGHT, HAVING A RADIUS OF 45.00 FEET AND A CENTRAL
ANGLE OF 94o25'28" FOR AN ARC DISTANCE OF 74.16 FEET TO A POINT OF
COMPO~ CURVATURE OF A TANGENT CURVE CONCAVE TO THE
NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,
HAVING A RADIUS OF 2,047.50 FEET AND A CENTRAL ANGLE OF 02058'40''
FOR AN ARC DISTANCE OF 106.42 FEET TO A NON-TANGENT LINE SAID LINE
BEING THE EASTERLY LINE OF PARCEL 28 CONTINENTAL RANCH
RECORDED IN BOOK 48 OF ~MA.PS AIN'D PLATS PAGE 65 RECORDS OF PIMA
COU ,.'NTY, ARIZONA;
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~,:4oog.2wstn~ot.a,~c~t.2a.~B LEGAL DESCRIPTION NO. 46
PAGE 1 OF 2
EXHIBIT "A-2~ continued
THENCE NORTH 26°24'09'' WEST ,&LONG SAID EASTERLY LINE, A DIST.-MNCE
OF 20.19 FEET TO A POINT ON THE .~R.C OF A NON-T.,-~N-OENT CURVE
CONCAVE TO THE NORTH. A RADIAL LINE OF SAID CURVE TI-tROUGH SAiD
POINT [--L-XVING A BEARI-NG OF SOUTH 18°3 it' 12" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT.
I--L~.VING A tLM3IUS OF 2.027.50 FEET .~"4'D A CENTtLaG.. ANGLE OF 03o03'20'.
FOR ,tN' ARC DIST,~NCE OF 108. l.3 FEET TO A POINT OF CONrPOU.:'N'D
CUR. VATU~:>,.E OF A T.~NGENT CURVE CONCAVE TO THE WEST;
THENCE NORTHEASTERLY .~N'D NORTHERLY ALONG THE .M~.C OF SAID
CURVE, TO THE LEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL
AaNGLE OF 94o25, 28" FOR AN' ARC DIST.,MN'CE OF 41.20 FEET TO A POINT OF
TAaNGENCY;
THENCE NORTH 26o00'00'' ~EST, A DISTANCE OF 294.08 FEET;
THENCE NORTH 52013'54'' WEST, A DISTANCE OF 44.6l FEET TO ~ POINT
OF BEGINNING.
CONTAENING 10,432 SQU,-GUE FEET, MORE OR LESS.
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Manana
P:4009.27/SUR/LGL/PARC£L2/LNB LEGAL DESCRIPTION NO. 46
PAGE 2 OF 2
EXH~B~'T 'A-4"
LEGAL DESCRIPTION
WELL SITE Y-004A
PARCEL 4
ALL THAT PORTION OF THE NORTHEAST QU.4aR. TER OF SECTION 21,
TO~3,.~SHIP 12 SOUTH. IL-kNGE 12 EAST, GILA .~ND S,;kLT RIVER MERIDIAN,
PINt.& COU;'NTY. ,,kRIZONA, DESCRIBED AS FOLLOWS:
CONLMENCEN'G AT THE SOUTHWEST COP~NER OF THE EAST FL-kLF OF SAID
NORTHWEST QUARTER;
THENCE NORTH 00039'07" WEST ALONG THE WEST LINE OF SAID EAST
HALF, A .DISTANCE OF 659.09 FEET;
THENCE SOUTH 86037'57" EAST DEPARTING SAID WEST Lb-NE, A DISTANCE
OF 51.95 FEET TO TI-EE SOUTHWEST CORNER OF THAT PARCEL RECORDED
tN DOCKET 6574 PAGE 830, RECORDS OF PIaMA COUNTY, ARIZONA;
THENCE NORTH 03°22'03' EAST :-kLONG THE WESTERLY LfNE OF SAID
PARCEL, A DIST.~N'CE OF 12.31 FEET TO TH]E POINT OF BEGkNN12qG;
THENCE CONTINUTNG NORTH 03022'03" EAST ALONG THE WESTERLY LINE
OF SAID PARCEL, A DIST.,~NCE OF 87.69 FEET TO THE NORTHWEST CORNER
THEREOF;
THENCE SOUTH 86°37'57" EAST ALONG THE NORTHERLY LINE OF SAID
PARCEL, A DISTANCE OF 28.68 FEET;
THENCE NORTH 26°00'00" WEST DEPARTING SAID NORTHERLY LINE, A
DISTANCE OF 22.06 FEET;
THENCE SOUTH 64°00'00" WEST, A DISTANCE OF 68.00 FEET;
THENCE SOUTH 26°00'00" EAST, A DISTANCE OF 84.41 FEET TO THE POENT
OF BEGINNING.
CONTAINING 2,362 SQUARE FEET, MORE OR LESS.
~,:4009.23/stn~l. at.a,~c£t.4rt.~s LEG.~L DESCRIPTION NO. 48
PAGE i OF 1
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EXHIBIT 'B-3' ~
LEGAL DESCRIPTION
WELL SITE Y-004A
PARCEL 3
.--LLL TFL&T PORTION OF THE NORTHEAST QUARTER OF SECTION 21.
TO~,.WSH~P 12 SOUTH, RAN'GE 12 EAST. GILA ,&N'D S.ad.T RIVER N[ERIDIAN,
PINL--~ COUNTY, ARIZONA. DESCRIBED AS FOLLOWS:
CONLN~NCEN'G AT THE SOUTHWEST CORN'ER OF THE EAST FDJ. F OF S.MD
NORTHEAST QUARTER;
TFEENCE NORTH 00°39'07" WEST ALONG TI-{E WEST LINE OF SAID EAST
FL4..LF, A DIST&NCE OF 603.39 FEET;
THENCE NORTH 64.000'00" EAST DEPARTING SA~ WEST LINE, A DISTANCE
OF I 13.29 FEET TO A POINT ON THE SOUTHE~Y LINE OF THAT PARCEL
RECORDED IN DOCKET 6574 PAGE 830, RECORDS OF P12VIA COUNTY,
ARIZONA SAiD POINT BEING TI-{E POINT OF BEGINNING;
THENCE SOUT~ 86037'57" EAST ALONG SAID SOUTI-iERLY LINE, A
DIST.&NCE OF 89.31 FEET TO THE SOLrl'FIEAST CORNER OF SAID PARCEL;
THiENCE NORTH 18~6'02" WEST ALONG THE EASTERLY LINE OF SAD
PARCEL, A DISTAaNCE OF 107.70 FEET TO THE NORTHEAST CORaNER
THEREOF;
THENCE NORTH 86037'57'' WEST ALONG TI~ NORTHERLY LINE OF SA.ED
PARCEL, A DISTANCE OF 71.32 FEET;
THENCE SOUTH 26°00'00" EAST DEP.,Mq.TD,[G SAD NORTHERLY LINE, A
DISTz-MNCE OF 97.94 FEET;
Tt{ENCE SOUTH 64°00'00" WEST, A DISTANCE OF 29.86 FEET TO 'FILE POINT
OF BEGINNING.
CONTAINING 6,569 SQUARE FEET, MORE OR LESS.
FO'NTES JR.,~S
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P:4009.Z7/SUR/LGL/PARCEL3/I. NB LEGAL DESCRIPTION NO. 47
City
PAGE 1 OF I
EXHIBIT "B-5"
LEGAL DESCRIPTION
WELL SITE Y-004A
PARCEL 5
,~d..L THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 21,
TOWNSHIP 12 SOUTH,. R.~N'GE 12 EAST, GILA AND SALT RiVER NIERIDIA.N,
PINDk COU~-NTY, ARIZONA. DESCRIBED AS FOLLOWS:
CONfiMENCING AT THE SOUTHWEST COI:~NER OF THE EAST FL-XLF OF SAID
NORTHEAST QUARTER;
THENCE NORTH 00039'07'' WEST ALONG THE WEST LINE OF SAID EAST
HALF, A DISTANCE OF 659.09' FEET;
THENCE SOUTH 86037'57" EAST, A DISTANCE OF 51.95 FEET TO THE
SOUTHWEST CORNER OF THAT PARCEL RECORDED IN DOCKET 6574 PAGE
830, RECORDS OF PIMA COUNTY, ARIZONA ALSO BEING THE POINT OF
BEGINNING;
THENCE CONTINULNG SOUTH 86037'57" EAST ALONG THE SOUTHERLY LiNE
OF SAID PARCEL, A DISTANCE OF 6.93 FEET;
THIENCE NORTH 26°00'00'' WEST DEPARTING SAID SOUTHERLY LINE, A
DISTANCE OF 14.13 FEET TO A POINT ON THE WESTERLY LINE OF SAID
PARCEL;
THENCE SOUTH 03 _2 03 WEST ALONG SAID WESTERLY Lb-NE, A DISTANCE
OF 12.31 FEET TO TIlE POINT OF BEGINNIN'G.
CONTAINING 43 SQUARE FEET, MORE OR LESS.
J."kEON,adlJ3 FONTES JR.,"RLS
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P:400923/SUR/LGL/PARCEL~/LNB LEGAL DESCRIPTION NO. 49
PAGE t OF I
w. LINE Of E. 1/2 OF'
,.c, I/4. SEC. 21 1'.12S R.12~.~
2362 SO FT.
51.95'
86'37'57'
68.05'
64'00'~' E ,"~.....~
, 409 ~ irT.
PARCEL 28
CONTINENTAL RANCH
BOOK 4.8 I~.&p. PAGE 65
PARCEL 27B
CONTINENTAL RANCH
BOOK 42 U.&P. PA~E 34.
EXHIBTr 'C' '-
s,.~.~
SO 409 SO
10,432 SO FT.
SITE. VICINITY MAP
Scale: Not To Scale
Sec.21 .T. 12S..R. 12E.
lEGEND
laARANA PARCEL
WATER Pi~:EL TO BE
RELEASED
DATE: 8/99
SCALE: ~N.T.S
PROPOSED WELL
Y-OO4-A
SITE
SKETCH NO. S--2000--01
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