HomeMy WebLinkAboutOrdinance 2005.21 Approving an exchange of real property location in the gladden farms development project
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F. ANN RODRIGUEZ, RECORDER
RECORDED BY: J V
DEPUTY RECORDER
4437 PE3
DOCKET: 12645
PAGE: 466
NO. OF PAGES: 10
SEQUENCE: 20051860078
09/23/2005
ORDIN 10:37
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
MAIL
AMOUNT PAID $ 10.50
MARANA ORDINANCE NO. 2005.21
RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY
LOCATED IN THE GLADDEN FARMS DEVELOPMENT PROJECT; AUTHORIZING THE
MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AGREEMENT WITH GLADDEN
FOREST L.L.c., AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE
EXCHANGE.
WHEREAS, the Town of Maran a is preparing for the public opening and operation of the
Marana Public Arts Center in the Heritage Park located adjacent to the Gladden Farms Develop-
ment Project; and
WHEREAS, the Town of Marana desires to acquire certain land from Gladden Forest
L.L.C. (the "Owner"), immediately north of the Marana Public Arts Center; and
WHEREAS, the Owner is willing to trade approximately 2.438 acres ofland north of the
Marana Public Arts Center to the Town in exchange for approximately 2.438 acres of Town-
owned land within the Gladden Farms Development Project which the Town no longer needs; and
WHEREAS, the properties being exchanged are specifically described and mapped on the
exhibits attached to the "Gladden Farms Real Estate Exchange Agreement" between the Town
and the Owner (the "Exchange Agreement"), which is attached as Exhibit A to this ordinance; and
WHEREAS, the parcels of property being exchanged are of substantially equal value; and
WHEREAS, A.R.S. 99-407 requires land exchanges to be authorized by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA,
SECTION 1. The exchange of lands as set forth in the Exchange Agreement presented to
the Mayor and Council concurrently with this ordinance and attached as Exhibit A is hereby ap-
proved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectuate
the above-contemplated exchange for and on behalf of the Town of Mar ana.
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SECTION 3. The Town Manager and Town staff are authorized and directed to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and ob-
jectives of the aforementioned Exchange Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19th day of September, 2005.
ATTEST:
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GLADDEN FARMS REAL ESTATE EXCHANGE AGREEMENT
Tms AGREEMENT ("Agreement") is made and entered into by and between TIlE TOWN OF
MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST L.L.C., an
Arizona limited liability company (the "Owner"). The Town and the Owner are sometimes collec-
tively referred to as the "Parties," who are sometimes individually referred to as the "Party."
RECITALS
A. The Owner is the Developer of a development project commonly known and referred
to in this Agreement as "Gladden Farms," which is the land depicted on a final block subdivision
plat entitled "Gladden Farms Blocks 1 thru 25 and A thru F" as recorded in the Pima County
Recorder's Office at Book 55, Page 60 of Maps and Plats.
B. The Owner and its predecessors-in-interest and the Town have entered into an original
and four amendments to a development agreement governing Gladden Farms, which are identified
and described in the recitals to the Fourth Amendment to the Gladden Farms Development
Agreement recorded in the Pima County Recorder's Office at Docket 12537, Page 3948 (the
"Fourth Amendment").
C. As a result of the performance of the Fourth Amendment, the Parties have determined
that it is in their mutual interest to exchange lands of identical size and substantially equal value,
as set forth in this exchange agreement, for the efficient and beneficial use of the Town's Heritage
Park and the Gladden Farms project.
AGREEMENT
Now, TIlEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement, the Parties hereby agree as follows:
1. Exchange of land. No later than October 31, 2005, the Parties will complete the following
exchange ofland:
(A) Owner to Town. The Owner shall transfer to the Town the land described and de-
picted in the legal description and map attached as Exhibit A, containing 106,210 sq.ft. or
2.438 acres, more or less.
(B) Town to Owner. The Town shall transfer to the Owner the land described and depicted
on the legal description and map attached as Exhibit B, containing 106,210 sq.ft. or 2.438
acres, more or less.
2. Recording. Deeds for the parcels referenced in paragraphs I(A) and I(B) above, accom-
plishing the exchange of property, shall be recorded simultaneously.
3. Not a subdivision. The reconfiguration of the properties affected by this Agreement has
been accomplished as an accommodation to and at the request and direction of the Town. The
division of the lands by virtue of this Agreement are acknowledged to be actions of the Town, and
are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws.
{00001229.DOC I}
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Exhibit A to Marana Ordinance No. 2005.21
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4. Notices. All notices, requests and other communications under this Agreement shall be
given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by
registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private
overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided
that a confirming copy of the facsimile transmission is mailed on the date of such transmission),
addressed as follows:
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, BldgA3
Marana, Arizona 85653-7006
Tel (520) 382-1900
Fax (520) 382-1901
If to the Owner:
GLADDEN FOREST L.L.C.
333 E. Wetmore Road #250
Tucson, AZ 85705
Attention: Dean Wingert, Senior Vice President
Tel (520) 888-3962
Fax (520) 888-3198
All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as pro-
vided above, on the second day after the day of mailing, and if sent by overnight courier, on the
next day after the date of deposit with the courier. Any party may change its address for the
receipt of notices at any time by giving written notice thereof to the other parties in accordance
with the terms of this section. The inability to deliver notice because of a changed address of
which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to
be the effective receipt of the notice as of the date of such inability to deliver or rejection or re-
fusal to accept.
5. Miscellaneous.
(A) This Agreement may not be modified except in a writing signed by the Parties.
(B) Time is of the essence of this Agreement.
(C) This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain
any remedy with respect to this Agreement shall be brought in the Pima County Superior
Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of
the Pima County Superior Court.
(D) If either of the Parties fails to perform any of its obligations under this Agreement or if
a dispute arises concerning the meaning or interpretation of any provision of this Agreement,
the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any
and all costs and expenses incurred by the other party in enforcing or establishing its rights
{OOOO1 229.DOC I}
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under this Agreement, including, without limitation, court costs and reasonable attorneys'
fees.
(E) This Agreement may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original and all of which, taken together, shall constitute one and the
same agreement.
(F) This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors in interest and assigns; provided, however, that no assignment of this
Agreement shall in any way relieve the assignor of its obligations under this Agreement.
(G) This Agreement is subject to A.R.So ~ 38-511, which provides for cancellation of con-
tracts in certain instances involving conflicts of interest.
(H) Exhibits referred to in this Agreement are attached to and incorporated by reference
as if set forth in full in this Agreement.
IN WllNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set
forth below their respective signatures.
TOWN: OWNER:
THE TOWN OF MARANA, an
pal corporation
GLADDEN FOREST L.L.C., an Arizona limited
liability company
By:
By:
Ed onea, Mayor
Date: f"'/?-bJ5
ATIEST:
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The foregoing instrument was acknowledged before me on Sept t' . VV\ ~c y ;V j~y Dean Win-
gert, Senior Vice President of GLADDEN FOREST L.L.c., an Arizona limited liability company, on
behalf of the L.L.C.
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a:F1CIAI.. SEAl
1lMOTHY A. MATn](
NOTMY PUBUC
PIMA COUNTY, ARIZONA
MY COMMISSION EXPIRES
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Notary Public
8/31/20053:32 PM FIe
Exhibit A to Gladden Farms Real Estate Exchange Agreement
RICK
ENGINEERING COMPANY
LEGAL DESCRIPTION
A PORTION OF BLOCK 7 OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU
F, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF MAPS
AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER AND A PORTION
OF BLOCK 13 OF GLADDEN FARMS BLOCKS 13, 14, IS, (A RE SUBDIVISION OF
THE ABOVE NOTED GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F) RECORDED
IN BOOK 59 OF MAPS AND PLATS AT PAGE 31, SAID RECORDS OF THE PIMA COUNTY
RECORDER, ALL WITHIN SECTION 33 AND SECTION 34 OF TOWNSHIP 11 SOUTH,
RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7;
THENCE NORTH 0034'17" WEST 96.58 FEET UPON THE WEST LINE OF SAID
BLOCK 7;
THENCE NORTH 89018'00" EAST 218.48 FEET;
THENCE SOUTH 38051'29" EAST 47.07 FEET TO THE LINE COMMON WITH SAID
BLOCK 7 AND SAID BLOCK 13;
THENCE SOUTH 38051'29" EAST 37.46 FEET;
THENCE NORTH 89017'57" EAST 248.45 FEET;
THENCE NORTH 41023'32" EAST 114.41 FEET;
THENCE SOUTH 52039'14" EAST 137.92 FEET;
THENCE NORTH 89017'57" EAST 650.50 FEET;
THENCE NORTH 7005'24" EAST 209.77 FEET TO THE NORTH LINE OF SAID
BLOCK 13, BEING ALSO THE SOUTH RIGHT OF WAY LINE OF TANGERINE FARMS
ROAD AS SHOWN ON THE PLATS OF SAID GLADDEN FARMS SAID LINE BEING THE
ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF
SAID CURVE BEARS NORTH 28031'10" EAST;
THENCE SOUTHEASTERLY UPON SAID NORTH LINE, UPON SAID RIGHT OF WAY
LINE AND UPON SAID ARC, TO 1HE LEFT, HAVING A RADIUS OF 2625.00 FEET AND A
CENTRAL ANGLE OF 3042'09", FOR AN ARC DISTANCE OF 169.63 FEET TO A POINT
OF REVERSE CURVATURE ON THE ARC OF A TANGENT CURVE CONCAVE WESTERLY;
THENCE SOUTHERLY UPON SAID NORTH LINE, UPON SAID RIGHT OF WAY
LINE AND UPON SAID ARC, TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET AND A
CENTRAL ANGLE OF 88049'04", FOR AN ARC DISTANCE OF 38.75 FEET TO A POINT OF
COMPOUND CURVATURE ON THE ARC OF A TANGENT CURVE CONCAVE
NORTHWESTERLY, SAID ARC BEING THE EAST LINE OF SAID BLOCK 13 AND THE
WEST RIGHT OF WAY LINE HERITAGE PARK DRIVE AS SHOWN ON SAID PLAT OF
GLADDEN FARMS BLOCKS 13, 14, 15;
THENCE SOUTHWESTERLY UPON SAID EAST LINE, UPON SAID RIGHT OF WAY
LINE AND UPON SAID ARC, TO THE RIGHT, HAVING A RADIUS OF 670.00 FEET AND A
CENTRAL ANGLE OF 14056149", FOR AN ARC DISTANCE OF 174.79 FEET TO A POINT
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OF REVERSE CURVATURE ON THE ARC OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY;
THENCE SOUTHWESTERLY UPON SAID EAST LINE, UPON SAID RIGHT OF WAY
LINE AND UPON SAID ARC, TO THE LEFT, HAVING A RADIUS OF 730.00 FEET AND A
CENTRAL ANGLE OF 15041'39", FOR AN ARC DISTANCE OF 199.96 FEET TO THE NON-
TANGENT SOUTH LINE OF SAID BLOCK 13 BEING A LINE 30.00 FEET EASTERLY OF
AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 34;
THENCE NORTH 0030'16" WEST 191.08 FEET 'UPON SAID SOUTH LINE AND
UPON SAID PARALLEL LINE TO THE NORTH LINE OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89029'44" WEST 30.00 FEET UPON SAID SOUTH LINE OF
BLOCK 13 AND UPON SAID NORTH LINE OF THE SOUTHWEST QUARTER TO A 112
INCH IRON PIN (NO TAG) AT THE QUARTER CORNER COMMON TO SAID SECTIONS 33
AND 34;
THENCE SOUTH 89017'57" WEST 1107.79 FEET UPON SAID SOUTH LINE AND
UPON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33 TO THE
SOUTHERLY CORNER COMMON WITH SAID BLOCK 13 AND SAID BLOCK 7;
THENCE SOUTH 89017'57" WEST 213.27 FEET UPON SAID SOUTH LINE OF THE
NORTHEAST QUARTER AND UPON THE SOUTH LINE OF SAID BLOCK 7 TO THE
POINT OF BEGINNING.
CONTAINING 106,210 SQUARE FEET OR 2.438 ACRES, MORE OR LESS.
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Exhibit B to Gladden Farms Real Estate Exchange Agreement
RICK
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ENUlNEERlNG COMPANY
LEGAL DESCRIPTION
THAT PORTION OF BLOCK A OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A
THRU F, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF
MAPS AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK A;
THENCE SOUTH 89022'30" WEST 1047.73 FEET UPON THE SOUTH LINE OF THE
EASTERLY PORTION OF SAID BLOCK A;
THENCE NORTH 68024'26" WEST 303.73 FEET TO A POINT OF CUSP ON THE
NORTH LINE OF SAID EASTERLY PORTION OF BLOCK A, SAID NORTH LINE BEING
THE ARC OF A TANGENT CURVE CONCAVE NORTHERLY, THE RADIUS POINT OF SAID
CURVE BEARS NORTH 21035'34" EAST;
THENCE EASTERLY UPON SAID NORTH LINE AND UPON SAID ARC, TO THE
LEFT, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 22013'04", FOR
AN ARC DISTANCE OF 77.56 FEET TO A TANGENT LINE;
THENCE NORTH 89022'30" EAST 1045.82 FEET UPON SAID NORTH LINE TO
THE EAST LINE OF SAID BLOCK A, BEING ALSO THE SOUTHWEST RIGHT OF WAY
LINE OF TANGERINE FARMS ROAD AS SHOWN ON THE PLAT OF SAID GLADDEN
FARMS, SAID LINE BEING THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 28032119"
EAST.
,
THENCE SOUTHEASTERLY UPON SAID EAST LINE, UPON SAID RIGHT OF WAY
LINE AND UPON SAID ARC, TO THE LEFT, HAVING A RADIUS OF 1925.00 FEET AND A
CENTRAL ANGLE OF 6051'33", FOR AN ARC DISTANCE OF 230.45 FEET TO THE POINT
OF BEGINNING.
CONTAINING 106,210 SQUARE FEET OR 2.438 ACRES, MORE OR LESS.
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MARANA
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TOWN OF MARANA
LEGAL DEPARTMENT
December 30, 2005
RECEIVED
JAN 0 ;) 2006
FCLGmSW DIVISION
Mr. Dean Wingert
Forest City Land Group - Southwest Division
333 E. 'Wetmore Road #250
Tucson AZ 85705-1748
Re: Gladden Farms Real Estate Exchange
Dear Dean:
Paragraph 1 of the Gladden Farms Real Estate Exchange Agreement recorded in the Pima
County Recorder's Office on September 23, 2005, at Docket 12645, Page 466 (the
"Exchange Agreement") required the completion of the Gladden Farms land exchange
not later than October 31, 2005. For various reasons, the deeds reflecting this exchange
were not recorded until December 13, 2005, at Docket 12699, Page 2711 (to Marana) and
Docket 12699, Page 2716 (from Marana).
By our counterexecution, below, of this letter, we agree that: 1) we mutually waive any
default based on the date the deeds were recorded; and 2) to the extent, but only to the
extent, necessary, our respective acts of proceeding to close the exchange amended any
requisite closing date in the exchange agreement to such later date as the date of
recordation of the deeds implies. We intend that the foregoing sentence will bind both
the undersigned and any applicable third parties. Two originals of this letter are being
scnt to you. If you agree 'vVith the statementE: E:et forth above, please countersign both
originals, return one fully executed original to me for the Town's records, and keep the
other for yours.
Thank you for your consideration in this matter. Do not hesitate to contact me if you
would like to discuss directly.
Agreed,
~~
Dean Wingert, Senior Vice President
Forest City Land Group
Southwest Division
{00001631.DOC / 2}
11555 W. CIVIC CENTER DRIVE, BLDG. A3 _
Re: Ordinance No. 2005.21
MARANA, ARIZONA 85653-7006 _ TELEPHONE: (520) 382-1900 _
FAX: 382-1945