HomeMy WebLinkAboutResolution 2000-140 sale of type II non-irrigation water rightsMARANA RESOLUTION NO. 2000-140
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE AGREEMENT FOR SALE OF TYPE 2 NON-IRRIGATION
GRANDFATHERED WATER RIGHTS.
WHEREAS, Seller is the legal holder and owner of that certain Type 2 Non-Irrigation
Grandfathered Water Right issued by the Arizona Department of Water Resources (ADWR),
together with all water rights and privileges associated therewith; and
WHEREAS, the Town has a need of Type 2 Non-Irrigation Grandfathered Water Rights to
be used for the Park(s) and any other non-agricultural irrigation needs; and
WHEREAS, the Mayor and Council find that it is in the best interest of the Town to acquire
Type 2 Non-Irr/gation Grandfathered Water Rights.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Town of Marana Agreement for Sale of Type 2 Non-Irrigation
Grandfathered Water Rights is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
19th day of December, 2000.
ATTEST:
/Daniel ~. Hoc~u"I'/~sq.
As Town Attorney
and not personally
'tllillik%%%
Marana, Arizona Resolution No. 2000-140 Page 1 of I
TOVqN OF MARANA AGREEMENT
FOR PURCHASE OF
TYPE 2 NON-IRRIGATION GRANDFATHERED WATER RIGHTS
THIS AGREEMENT FOR PURCHASE OF TYPE 2 NON-IRRIGATION
GRANDFATHERED WATER RIGHTS, entered into as of the 2L-C~day of.~la~, 2000, by and
between the TOWN OF MARANA, ARIZONA, an Arizona municipal corporation (hereinafter
referred to as "Marana") and Arizona Water Measurement (hereinafter referred to as "Seller").
Recitals:
Whereas, Seller is the legal holder and owner of that certain Type 2 Non-Irrigation
Grandfathered Water Right No. 58-110658.0001 issued by the Arizona Department
of Water Resources ("ADWR") for 6 acre feet per annum, together with all water
rights and privileges associated therewith (the "Type 2 Right").
Marana desires to purchase from Seller, and Seller desires to sell to Marana, the Type
2 Right upon the terms and conditions as more particularly hereinafter set forth.
NOW, THEREFORE, in consideration of the promises hereinafter set forth, and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and
Marana agree as follows:
Seller agrees to convey the Type 2 Right, free and clear of all liens and encumbrances
whatsoever, to Marana in consideration for Marana's payment to Seller of the sum
of Twelve Thousand Dollars ($12,000.00) (the "Purchase Price").
Upon execution of this Agreement, Seller shall deliver to Marana an executed copy
of the form of Notice of Change of Ownership attached hereto as Exhibit "A' (the
"Change of Ownership").
THIS AGREEMENT MUST BE APPROVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF MARANA TO BECOME EFFECTIVE AND BIND1NG. Once
so approved, this Agreement shall be effective upon execution by all parties (the
"Effective Date"). However, this Agreement must be approved by the Mayor and
Council within ten (10) business days of the execution hereby by Seller, or it shall
thereupon be rendered null, void, and of no further force or effect.
Upon Marana's receipt of Mayor and Council approval of this Agreement, Marana
shall pay the Purchase Price to Seller in exchange for Seller's delivery of the original
Change of Ownership to Marana.
Marana shall be responsible for paying all fees charged by the ADWR to transfer the
Type 2 Right. Seller shall cooperate with Marana in processing the transfer of the
F:WATER/TYPE 2 WATER RIGHTS CONTRACT ARIZONA WATER MEASUREMENT Page 1 of 4
Type 2 Right and shall be responsible for securing any consents and signatures of any
of Seller's predecessors-in-interest to the Type 2 Right as may be required by the
ADWR.
This Agreement shall be binding upon and shall inure to the benefit of the heirs,
administrators, executors, successors and assigns of Marana and Seller.
In the event of default by either party under any provision of this Agreement, the
recourse available to the non-defaulting party shall be limited to an action for specific
performance. In the event of litigation, the successful party shall be entitled to
recover its reasonable attorneys' fees and costs incurred.
Pursuant to A.R.S. § 38-511, Marana may cancel this Agreement within three (3)
years after its execution, without penalty or further obligation of any person
significantly involved in initiating, securing, drafting or creating this Agreement on
behalf of Marana or of any person who is, at any time while this Agreement or any
extension of this Agreement is in effect, an employee or agent of Seller in any
capacity or consultant to Seller with respect to the subject matter of this Agreement.
Cancellation under this section by Marana shall be effective when written notice
from Marana is received by Seller unless the notice specifies a later time. In addition
to the right to cancel as provided herein, Marana may recoup any fee or commission
paid or due to any person significantly involved in initiating, negotiating, securing,
drafting or creating this Agreement on behalf of Marana from Seller arising as the
result of this Agreement.
IN WITNESS WHEREOF, the parties have hereunder set their hands the day and year first
above written.
MARANA:
TOWN OF MARANA, ARIZONA,
an~oration
AP~(~
SELLER:
ARIZONA WATER MEASUREMENT
Lee Lambert
F:WATER/YYPE 2 WATER RIGHTS CONTRACT ARIZONA WATER MEASUREMENT Page 2 of 4
ACKNOWLEDGMENT
STATE OF ARIZONA )
COUNTY OF PIMA )
This instrument was acknowledged before me this day of 4. day of
My Commission Expires:
~/7, ,~,~ ~
as Seller.
) [t~-~ STATE OF ARIZONA
I ~,~[t;~7~ County of Pima
] '~ DIANE MANGIALARDI
~ My Apl)ointment Expires 03-17-04
F:WATERITYPE 2 WATER RIGHTS CONTRACT ARIZONA WATER MEASUREMENT Page 3 of 4
EXHIBIT "A"
Completed Notification of Change of Ownership or Point of Withdrawal for
Type 2 Non-Irrigation Grandfathercd Water Right
Form
A photocopy of Type 2 Non-Irrigation Grandfathered Water Right Certificate should be
attached, original delivered at time of payment.
F:WATER/TYPE 2 WATER RIGHTS CONTRACT ARIZONA WATER MEASUREMENT Page 4 of 4
DU~O ~., PROFIT SHARING
340 North Main
TI~ ~e a/8ro~ater under tl~ ~'itlht shali be in ac¢~anc~ with ~ I~.,~ of th~ State t~ Arltor, d and r~stM,'tioas pl,ir.~ on ~e b~
~A ~RF. SOU'ACES ,,,
Dir~or
TOTAL P.02:
Arizona Department of Water Resources
Groundwater Right/Facility Report
~0~ ALLOTMENT:
WATER DUTY ACRI!'~:
TUC,~ON AMA
COF~ATK~
STATU~ DATE:
I~/PERMIT/FACIIJTY'I'Y~I~t TYPE-II NGNdRP,.IG, ATIQN QFR
FIL~ ST&TU~ ACTIVE- FLJU.
IRRIGATION I~ITI~"T NAIg~
EI,O0 IRRI(~ATIGN ACRE& O,OC, RETIRED ACRI$; 0,00
0~0 WATmR DUTY i)
~%WA: 0
DAVID P ULFERS
po llOX ,~
E,~TE$ PAR~ ,~O 6~1 ?
TYP,: OWNER
*"* I'(O DATA FOUND
PAGE: I