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HomeMy WebLinkAboutResolution 2000-125 acquisition agreement for kai hartman F. ANN RODRIGUEZ, R~CORDER RECORDED BX: K~G DEPUTX RECORDER 9639 ROOF SM~RA TOWR OF ld~RAN~ ATTN: TOWN CLERK 13251 N LON AD~%MS RD M~R~NA AZ 85653 DOCKET: 11422 PAGE: 1783 NO. OF PAGES: 17 SEQUENCE: 20002180573 11/o~/2ooo RES 16:08 M~IL ~MOUNT PAID $ 14.00 MARANA RESOLUTION NO. 2000-125 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE ACQUISITION AGREEMENT BETWEEN THE TOWN OF MARANA AND KAI HARTMAN LANE PROPERTY, L.L.C., FOR ACQUISITION OF ADDITIONAL RIGHT- OF-WAY ALONG HARTMAN LANE. WHEREAS, on November 17, 1998, the Town Council of the Town of Marana adopted Resolution 98-118, finding that a public need exists for acquiring private property for widening Hartman Lane in the Town of Marana; and WHEREAS, the Town has determined that it is necessary to acquire approximately 1.51 acres of property owned by Kai Hartman Lane Property, L.L.C., situated in the Northeast Quarter of the Northeast Quarter of Section 26, Township 12 South, Range 12 East, and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, in lieu of condemnation proceedings, the Town and Kai Hartman Lane Property, L.L.C., wish to enter into the Acquisition Agreement, attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the purchase of the property for the appraised value of forty-one thousand and seventy-two Dollars ($41,072.00), plus closing costs, is in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED bythe Mayor and Council of the Town of Marana, Arizona, that the Town enter into the Acquisition Agreement attached hereto between the Town of Marana and Kai Hartman Lane Property, L.L.C., for the acquisition o fright-o f-way; and be it further resolved that town staff is authorized to execute the Agreement and take all steps necessary to carry out its purposes. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7t~ day of November, 2 ~C ? PAGES OF TH)$ DOCUMENT MAY N.~N NIrPRODUCE WELL,ON FILM ATTEST: L~ ,, P2ma County Recorder's 0 , JR. Marana, Arizona Resolution No.2000-125 Page 1 of 4 1 4 i ? 8 APPROVED AS TO FOR3/~ /' / As Town Attorney and not personally Marana, Arizona Resolution No.2000-125 Page 2 of 4 Exhibit A Legal Description of Property i 1 4 2 2 Mama, Arizona Resolution No.2000-125 Page 3 of 4 ]0/31/2~0~ 1~:46 5202~327B THAT PORT[ON OF 1'I- SECTION 26, TOWNS1 MERIDIAN, PIMA CO~ BEGINNING AT ~ I~ TH~NC~ $ 00o0~. 10" W 1319.46 FELrr; THENCE $ 89°55'~M,, W THENCE N 00°0~'10" E SECilON 26. A DIS'TAN THENCE N 89a50'09- E, CONTAINING 1.51 ACRJ DJ HOCHULI & ASSOC. PAGE TAX PARCEL 221-0~-32 NORTHEAST QUARTER OF TIlE NORTHEAST QUARTER OF lIP 12 SOUTH. RANGE 12 EAST, GILA AND SALT RIVER qTY, ARIZONA, DESCRIBED AS FOLLOWS: )RTHEAST CORNER OF SAID SECTION 26; ~LONG THE EAST LINfl OF SAID SECTION 26 A DISTANCE OF A DISTANCE OF 50.00 FEET; a~LONG A LINE PARALLEL WlTIq THE EAST LINE OF SAID 2E OF 1319.39 FEET; DISTANCE OF 50.00 F'~ET TO THE POINT OF BEGINNING. OR 65,971 SQUA. R.E FEET MORE OR LESS. 85 1 1 4 8 EXHIBIT B ACQUISITION AGREEMENT ? Marana, Arizona Resolution No.2000-125 Page 4 of 4 ACQUISITION AGREEMENT This Agreement is made by and between Kal Harman Lane Property, a limited liability company (the "Owner"), and the Town of Marana, an incorporated municipality (the "Town"). Property and Acquisition Amount. The Owner is the owner of the property described on Exhibit "A," attached hereto and incorporated herein by this reference, including all improvements located thereon (the "Property"). The Town has determined the need to acquire the Property by its power of eminent domain. In lieu of court proceedings and further to its power of eminent domain, the Town agrees to acquire the Property for $41,072.00 total compensation (the "Acquisition Amount"), subject to the terms and conditions set forth below. No Personal Property. The parties acknowledge that no personal property is being acquired and that no personal property is located on the Property being transferred. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of loss for damage to improvements prior to close of escrow. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to the Town title to the Property. Pygmy Owl and Temporary Construction Easement. The Owner hereby grants to the Town a Temporary Easement for pygmy owl survey, right-of-way marking, and construction purposes, on the area described on Exhibit "B", attached hereto and incorporated herein by this reference. This temporary easement shall expire upon completion of the project, but no later than March 30, 2003. No Salvage. The Owner shall not salvage or remove any portion of the Property. Escrow and Prorations. The Acquisition Amount shall be due in full at closing. For fee acquisition the date of closing shall be used for proration of rents, property taxes and other similar costs. The proration of taxes shall be for the proportion of taxes assessed against Owner's entire parcel, which are attributable to the Property. Page 1 of 8 10. 11. 12. 13. 14. 15. Security Interest. Monies payable under this Agreement may be due to holders (the "Lien_holders") of certain notes secured by mortgages or deeds of trust, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by Lienholders, be paid to the Lienholders. Owners shall obtain from the Lienholders releases for any fee transfer and consents for any transfer of an easement for the Property. Possession and Closing. Immediate Possession shall be given to the Town at the date of the Right-of Entry. Closing shall be on or before the later of(a) 30 days after the date this Agreement is approved by the Town Council or (b) 30 days after receipt of all necessary releases or consents from Lienholders. Environmental Representations. Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, underground storage tanks, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurface waters thereof; and that there have been no violati .ons of federal, state and local environmental laws, regulations and ordinances; and that no environmental legal action of any kind has commenced or threatened with respect to the Property. Environmental Indemnification. The Tow0, and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Properly, each party remaining responsible for its obligations as set forth by law. Environmental Inspection Rights. Owner shall permit the Town to conduct such inspections of the Property, as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bring the Property into compliance prior to Closing or the Town may terminate this Agreement. No Leases. Owner warrants that there are no oral or written leases on all or any portions of the Property. Broker's Commission. No broker or finder has been used for the transaction. Each party agrees to indemnify and hold harmless the other against fees, costs, and expenses of defending against such claims made by anyone claiming to have been employed by the Owner or the Town respectively. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, eleases and Owner s Title Insurance Policy, shall be prod 100% bythe Town. Page 2 of 8 16. 17. 18. 19. 20. 21. 22. Right of Entry. Upon execution of this Agreement, the Owner grants immediate right of entry to the Town, its agents and contractors, to begin the Hartman Lane widening project. If this Agreement is not acted upon by the Town Council within 90 days of the Owner's execution of this Agreement, the right of entry shall terminate. Temporary Plant Nursery Easement. The area described on Exhibit "C", attached hereto and incorporated herein by this reference, will be used during the course of construction as a temporary plant storage and nursery. This temporary easement shall expire upon completion of the project, but no later than March 30, 2003. Owner's Access from Hartman Lane. The Town shall provide two paved access ways from the widened Hartman Lane to the eastern boundary of Owner's remaining property, as depicted on Exhibit "D", attached hereto and incorporated herein by this reference. No Sale. Owner shall not sell or encumber the Property before closing. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts by the Town for certain conflicts of interest. SurvBJal of Representation and Warranties. All representations and warranties contained herein shall survive the closing. Entire Agreement. This Agreement shall constitute the entire contract between the Owner and the Town and no modification hereof shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by the Town, including allj ust compensation and severance damages to the remainder property and shall relieve the Town of all further obligation or claims relating to the Property. Owner Date: Tax ID # or SS State of Arizona County of Pima The foregoing instrument was acknowledged before me this day of 2000, by Sydney Felker as attorney in fact on behalfofKai Hartman Lane Property. i ? O Page 3 of 8 Recommended to the Town Council for Approval: By James DeGrood, P.E. Town Engineer By Thomas A. Benavidez Town Attorney Approved. and accepted this day of ,2000. Bobby Sutton, Jr., Mayor, Town of Marana Attest: Jocelyn C. Entz Town Clerk ! I 4 I ? 9 i Page 4 of 8 EXHIBIT A DESCRIPTION OF THE PROPERTY 1 4 Page 5 of 8 ~/0272~00 12:22 52029~2793 TFtdEN(:E ?,'ORTH ( .FEET WESTEKLY :3i~.35 FEET TO 7 T'.-7:NCE NORTH: 80.C0 FEET TO SAID PORTION Ct OR LESS. DJ HOCHULI & e~.SOC. 80' KiGHT-OF-WAY TAX PARCEL 221-06-0320 rK~r PORTION ]F Tt~ NORT~ST QUARTER OF T~ Jt ART~R OF gEC ,~ON 2~, I'OWN'SH~ 12. SOU~ ~.NGE J2 EAS% GILA S4LT KIVER ME.DIAN, PIS~ COL~' -~ .... ' FOLLOWS: ~ ,-.,. ,~wl~.~, t)bbk,~gED BEG~'O AT2~ NOR,T~AST COK~ER OF SAiD SECTION 2& 26. A DISYANCE ~ 13 t9 46 FEET; ............ ~;, T[[ENCE fiOUT~ 8~°55'04'' ~ST A D[ST&NCE OF ~0 O0 FEET; b~04'~o'' E~ST ALONG A L~ PARALLEL WfT.f{ AND 80.00 DF ~ EAST LINE OF SAiD SEC~ON 26..& DISTANCE OF ~ NOKTE L~ T~OF; ~°¢0'09" EAST ALONO SAID NORTH LLN'E A, .,. ~.-~, .(.= OF PO~'T OF B EGJ~'N'ING. 2.4221 ACI~$ OR 105,552 SQUA?,.E FEI~T M ~.PLAE~. L SCHL ~EMAN, R,L.S, LEGAL LOG NO, 180 PAOE I OF i ! 1 4 :2 :2 EXHIBIT B TEMPORARY PYGMY OWL SURVEY AND CONSTRUCTION EASEMENT DESCRIPTION Page 6 of 8 1 1 4 9 1 ii/02/200~ 12:22 5202932793 DJ HDCHULI & A~SSOC. PAGE 05 20 TEM?ORARy CONSTRUCTION EASEM'.ENT TAX PARCEL 22 ]-06-0320 t .~-~, T PORTION QUARTER OF SEC' SALT RIVE/~. M FOLLOWS: COM%rI::NC [N'G A' T~'CENC E SOUTH 26..~ DIS ,'TANCE .TFEENCE SOLrTH 0~ :EET WESTERLY 1319.35 FEET; sOUI-I.i si THENCE NORTH 0 FEET WESTERLy, ! 3 i 9 32 FEET ro Fl TH~ENCE NORTH 20.00 FEET TO TFI SAil3 PORT[ON C OK LESS. )F THE NOKTHE^ST QUARTER OF T'ffE NORTi~AST "ION 26, TG"&.'.'.'N~H. LP ' 2, SOUTH .'%.kNGE t 2 EAST, GILA AND LK1DIAN. ?IMA CO~NTY, ARIZONA. DESCRFSED AS U~ NORTh.TAST COJLNER OF SAID SECTIGN 26; =50'09" WEST ALONG TF~ NORTH LINE OF SAID SECTION 80 O0 FEET TO T~ POINT OF BEGfNN.r.'qG; '04'10" WEST ALONG A LINE PARALr[.,EL Wi'J~H AND )F THE EAST LINE OF SAFD SECTiOiX,' 26, ;a. D;STANCE OF '55'0,1," WEST A DIS'rANCE OF 20.00 FEET; 10 EAS'F ALONL~ A, LINE P.~..F~A, LLEL W:TN AND L(,0,t4] TEE EAST Lh'CE OF SaD SECTION 26, A DISTANCE NOR']~ i,£~'E IFEEP,.F, OF; ~°50'09" EAST ALONG SAD NORT.E LLNE A DISTANCE OF POi?iT OF BEGINNING, gTArNL",'G 0r605g ACI~,S OR 26,387 SQUARE FEET MORE F.:IC.HAEL L. SCHLC EIO. N, K.L.S, LE -,AL ~..O~ NO. !79 PAGE 1 OF t EXHIBIT C TEMPORARY NURSERY EASEMENT DESCRIPTION 4 Page 7 of 8 12:22 ~202932793 DJ HIDOHULI & ~SSOC. P~E LANq THE EAST 220.00 FEET OF THE NORTHEAST ( EAST, GILA AND SAL'I EXCEPT THE EAST 80.1 J. L~ONARD FONTES, J LEGAL DESCRIPTION SCAPE EASEMENT FOR HARTMAN LANE )F TIlE SOUTH 312.00 FEET OF THE NORTHEAST QUARTER JARTER OF SECTION 26, TO~qqSHIP 12 SOUTH, RANGE 12 RIVER MERIDIAN, PIMA COL'NTY, ARIZONA. FEET THEREOF. ) ,, L.S. LEGAL LOG 99 Page I o£I 4 EXHIBIT D DESCRIPTION OF PAVED ACCESS WAYS Page 8 of 8 EXHIBIT D This exhibit was in process at the time the agenda packets were delivered and will be available to Council at the Council Meeting on November 7, 2000.