HomeMy WebLinkAboutResolution 99-044 acquisition agreement for construction of houses by home programMARANA RESOLUTION NO. 99-44
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO A PURCHASE
AGREEMENT WITH GENE A. AND RITA M. MANZER TO PURCHASE TWO
RESIDENTIAL LOTS FOR THE CONSTRUCTION OF HOUSES BY THE TOWN OF
MARANA HOME PROGRAM.
WHEREAS, The Town of Marana desires to engage in housing and community
development activities as authorized under the Town of Marana HOME Program Regulations;
and
WHEREAS, Gene A. and Rita M. Manzer own, and desire to sell, two lots located on
Wynema Street between Steele Drive and Kendricks Lane; and
WHEREAS, the Town of Marana desires to purchase the lots (see Exhibit A attached
hereto and incorporated by this reference throughout) and build houses to be sold to low to
moderate income citizens through the Town's First-time Homebuyers Program; and
WHEREAS, the continuation of the HOME Program would greatly benefit the citizens of
the Town of Marana and would be in the Town's best interest.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana that the Mayor is authorized to execute the Sale Agreement between the Town of
Marana and Gene A. and Rita M. Manzer for the purchase of the two lots.
Marana Resolution no. 9944 Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4TM day of May, 1999.
ATTEST: _ (~2 ~__
Town Clerk ~
APPROVED AS TO/F-Ol~:/~
~"'-'~Daniel J. Hochuli
As Town Attorney and not personally
Ora Mae Ham, Mayor
Marana Resolution no. 99-44 Page 2 of 2
EXHIBIT A
PARCEL # I
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER
BAND AND MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, WHICH POINT IS 1199.5 FEET
SOUTHERLY FROM THE NORTHWEST CORNER THEREOF;
THENCE, EASTERLY 45.0 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, SOUTHERLY A DISTANCE OF 85.0 FEET TO A POINT;
THENCE, EASTERLY A DISTANCE OF 117.5 FEET TO A POINT;
THENCE, NORTHERLY A DISTANCE OF 85.0 FEET TO A POINT;
THENCE, WESTERLY A DISTANCE OF 117.5 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
Parcel #II
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER
BAND AND MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, WHICH POINT IS 1199.5 FEET
SOUTHERLY FROM THE NORTHWEST CORNER THEREOF;
THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 33, A DISTANCE OF 300.0 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTHERLY A DISTANCE OF 85.0 FEET TO A POINT;
THENCE WESTERLY A DISTANCE OF 117.5 FEET TO A POINT;
THENCE NORTHERLY A DISTANCE OF 85.0 FEET TO A POINT;
THENCE EASTERLY A DISTANCE OF 117.5 FEET, MORE OR LESS TO THE TRUE POINT OF
BEGINNING.
ACQUISITION AGREEMENT
This Agreement is made by and between Gene A. Manzer and Rita M. Manzer, husband and wife
(the "Owners") and the Town of Marana, a municipal corporation (the "Town").
Property and Acquisition Amount. The Owner is the owner of the property described
on Exhibit "A", 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 Thirty Thousand Dollars ($30,000.00) (the "Acquisition
Amount"), subject to the terms and conditions set forth below.
2. No Personal Propeqy. The parties acknowledge that no personal property is being
acquired under this Agreement and that no personal property is located on the Property
being transferred.
3. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of
loss for any and all damage to the improvements prior to close of escrow.
4. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to
Town title to the Property, free and clear of all liens and encumbrances and subject only
to those matters identified on Exhibit "B".
5. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or any
portion of the Property prior to closing.
6. Escrow and Prorations. The Acquisition Amount shall be payable in full at closing.
The date of closing shall be used for proration of rents, property taxes and other similar
costs, and assessments due for improvement districts shall be paid in full by the Owner
prior to closing.
7. Security Interest. Monies payable under this Agreement may be due holders (the
"Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and
including the total amount of unpaid principal, interest and penalty on the notes, if any,
and shall, upon demand by the Lienholders, be paid to the Lienholders. Owner shall
obtain from the Lienholders releases for any fee transfer for the Property.
8. Possession and Closing. Possession shall be given to the Town on date of closing.
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 from
lienholders.
Page 1
9. Water Rights. The Owner agrees to assign and hereby transfers, effective upon closing,
to Town any water rights certificated or claimed appurtenant to the Property owned by
Owner. Owner shall execute documents reasonably necessary to effect such transfer.
10. Environmental Representations. Owner hereby represents and warrants that, to the best
of Owner's knowledge, no pollutants, 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; that no underground tanks have been located on the
Property; that the Property is in compliance with all Federal, state and local
environmental laws, regulations and ordinances; and that no legal action of any kind has
been commenced or threatened with respect to the Property.
11. Environmental Indemnification. The Town and the Owner agree that neither party is
assuming any obligation of the other party relating to any potential liability, if any, arising
r
from the environmental condition of the Property, each party remaining responsible for its
obligations as set forth by law.
12. Environmental Inspection Rights. Owner shall permit 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 Town may
terminate this agreement.
13. No Leases. Owner warrants that there are no oral or written leases on all or any portion
of the property.
14. Broker's Commission. No broker or finder has been used and Town owes no brokerage
or finder's fees related to this transaction. Owner has sole responsibility to pay all
brokerage or finder's fees to any agent employed.
15. Closing Costs. Expenses incidental to transfer of title, including title reports, recording
fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid 100% by
Town.
16. No Sale. Owner shall not sell or encumber the property before closing.
17. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for
cancellation of contracts by Town for certain conflicts of interest.
18. Survival of Representation and Warranties. All representations and warranties
contained herein shall survive the closing for a term of ten years.
Page 2
19. Entire Agreement. This signed document shall constitute the entire Agreement between
the parties and no modification or amendment to this Agreement shall be binding unless
in writing and signed by both parties. The performance of this Agreement constitutes the
entire consideration by Town, including all just compensation and severance damages to
the remainder property and shall relieve the Town of all further obligation or claims
relating to Property.
SELLER:
.. . .. . .. . .. . .. . . . . . .
Owner
Date:
Tax ID # or SS#-
Owner
Date
Tax ID # or SS#
BUYER:
TOWN OF MARANA
By: '??z -
Tax Code: 217-49-0570 + -0490
Acquisitionagreement.TownofMarana.tr
Page 3
EXHIBIT A
PARCELI
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, G&SRB&M, PIMA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, WHICH POINT IS 1199.5 FEET
SOUTHERLY FROM THE NORTHWEST CORNER THEREOF;
THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 33, A DISTANCE OF 300.00 FEET TO THE TRUE
POE114T OF BEGINNING;
THENCE SOUTHERLY A DISTANCE OF 85.00 FEET TO A POINT;
THENCE WESTERLY A DISTANCE OF 117.5 FEET TO A POINT;
THENCE NORTHERLY A DISTANCE OF 85.00 FEET TO A POINT;
THENCE EASTERLY A DISTANCE OF 117.5 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING; AND
PARCEL H
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP I I SOUTH, RANGE 11 EAST, G&SRB&M, PIMA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, WHICH POINT IS 1199.5 FEET
SOUTHERLY FROM THE NORTHWEST CORNER THEREOF;
THENCE EASTERLY 45.0 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, SOUTHERLY A DISTANCE OF 85.0 FEET TO A POINT;
THENCE, EASTERLY A DISTANCE OF 117.5 FEET TO A POINT;
THENCE, NORTHERLY A DISTANCE OF 85.0 FEET TO A POINT;
THENCE, WESTERLY A DISTANCE OF 117.5 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING.
Exhibit A 5-99.tr
EXHIBIT B
1. LIABILITIES AND OBLIGATIONS that may arise by reason of the inclusion of said land
within the Cortaro Marana Irrigation District.
2. PATENT RESERVATIONS OF RECORD IN INSTRUMENT RECORDED September 19,
1913 in Book 56 of Deeds at page 189.
3. EASEMENT and rights incident thereto, as set forth in instrument recorded in Docket 3788
at page 209 for gas lines and associated facilities.
4. RESERVATION of all underground or percolating waters in Cortaro Water Users
Association, as set forth in instrument recorded in Book 314 of Deeds at page 445, EXCEPT
such water as may be used by owners and inhabitants for domestic purposes.
5. EASEMENT and rights incident thereto, as set forth in instrument recorded in Docket 5252
at page 275 for electric lines and associated facilities.
SLW:dh
Exhibiffl.dh
19. Entire Agreement. This signed document shall constitute the entire Agreement between
the parties and no modification or amendment to this Agreement shall be binding unless
in writing and signed by both parties. The performance of this Agreement constitutes the
entire consideration by Town, including all just compensation and severance damages to
the remainder property and shall relieve the Town of all further obligation or claims
relating to Property.
SELLER:
0,
Owner Owner
Date: Date: - ?
TaxID#orSS Tax ID # or SS#
BUYER:
TOWN OF MARANA
By: 16=- -
Tax Code: 217-49-0570 + -0490
Acquisitionagreement-TownofMarina.tr
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