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Home My WebLink AboutResolution 2006-029 acquisition agreement with elinor m mccague for temporary construction easement MARANA RESOLUTION NO. 2006-29 RELATING TO REAL EST ATE; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN ACQUISITION AGREEMENT WITH ELINOR M. McCAGUE FOR THE PUR- CHASE OF A TEMPORARY CONSTRUCTION EASEMENT RELATING TO THE THORNY- DALE ROAD IMPROVEMENTS. WHEREAS, the Town of Marana needs a temporary construction easement to construct the Thomyda1e Road Improvements from Orange Grove Road to Canada del Oro Wash; and WHEREAS, the Mayor and Council ofthe Town of Maran a feel it is in the best interests of the public to purchase the needed property for this easement from the owner, Elinor M. McCague. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the acquisition agreement between the Town of Marana and Elinor M. McCague attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Mayor is hereby authorized to execute it or a substantially similar agreement for and on behalf ofthe Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives ofthe acquisition agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Coun 'lofth Town of Maran a, Arizona, this 21 st day of February, 2006. ~\,'r~~nl1ffl. ~_,OF ~ ~ ~. ~x::.\\'''Iff''',,,~~ ;:: O~~~... 'JjJ ~ ::~ ~CORPORATf\. ~ _~ 000 == - -SEAL- - -~. E... ~~. ~ ~ ~~~ ~~ ~ -1 ~lllIm'\\~ ~ ~ f:lIZ ~C5I'~ ~IIJI.n\\\~ Resolution No. 2006-29 1/25/06 ACQUISITION AGREEMENT This Agreement is made by and between Elinor M. McCague, a widow ("Owner"), and the Town of Marana, an Arizona municipal corporation ("Town"). 1. Property and Acquisition Amount. The Owner owns the property described in instrument recorded on June 15, 1988, in Docket 8308 at Page 2151 in the Pima County Recorder's Office, including all improvements located thereon (the "Property"). The Town has determined the need to acquire a temporary construction easement (the "Take" ), described in Exhibit "A" and shown on Exhibit "8". In lieu of court proceedings and further to its power of eminent domain, the Town agrees to acquire the temporary construction easement for [$1,200.00] (the "Acquisition Amount") subject to the terms and conditions set forth below with the categories of compensation and closing costs as follows: $1,200.00 $0.00 $1,200.00 Acquisition Amount Estimated Closing Costs Total Not to Exceed Amount 2. Temporary Construction Easement. Upon execution of this Agreement the Owner shall deposit with Town a Temporary Construction Easement granting a temporary interest to the Town free and clear of all liens and encumbrances, except for the deed of trust recorded in Docket 11767 at Page 10944. 3. Possession and Closing. Possession of the Acquisition shall be given to the Town at the earlier of the date of the Right-of-Entry or 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 Marana Mayor and Councilor (b) 30 days after receipt of all necessary releases or consents from lienholders. 4. Environmental Representations. 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 from the environmental condition of the Take, each party remaining responsible for its obligations as set forth by law. 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. 5. 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 Take. If environmental inspections do not specifically identify contamination but indicate a potential for contamination and recommend further testing or inspection, the parties hereby agree to extend the date of closing to at least 30 days after the report for such additional testing or inspection is completed on behalf of Town, but not later than an additional 180 day extension. If any environmental inspection reveals the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Acquisition adequate to bring the Marana Mayor and Council Approval I' Resolution No.: 2005-_____._. Dated-____________, S ,. T138 RJ;?E I [IHQRNYQAl,_f;RQ-6Q...ERQJE_QINg,:?'QQ2:;ii} '- _.~.?.. Parcel No. 1 01-03-8890 I Acquisition Agreement for Elinor M. McCague Prepared 8/1/05 P8 I Page 1 of 3 Take into compliance with environmental regulations prior to Closing or Town may terminate this agreement. 6. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the Take. 7. Broker's Commission. No broker or finder has been used and Town owes no brokerage or finders fees related to this transaction. Owner has sole responsibility to pay all brokerage or finders fees to any agent employed. 8. Right of Entry. This agreement grants a right of entry effective as of the date this agreement is signed on behalf of the Owner, which shall terminate when the Town takes title to the Take or in 180 days, whichever occurs first. 9. No Sale. Owner shall not sell or encumber the Take before closing. 10. Conflict of Interest. This Agreement is subject to A.R.S. ~38-511 which provides for cancellation of contracts by the Town of Marana for certain conflicts of interest. 11. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. 12. 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 part;es. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainder property (the "Remainder") and shall relieve the Town of all further obligation or claims relating to Property. 13. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. Owner By G ~ .? . :L", IJV If), )Jt{ -J. a<- Q./ Elinor M. McCague (J Town of Marana, an Arizona municipal corporatiZ/J ~~ Mayor 4- '~r <<1.<f"".\a H",1. S:-'''' OF ~ ~ ~. ~ ~\\\"m'",~ ~ -~ ~ sO~~ ~"1~~ ::: ~ S CORPORATf' ':P ~ = = OOC) i - : iSEALS = lIII'!~. ill;:: ~..~ ~ s ~ -1 ~IIIIIII\'\\~ '\ ~ ~ IYfZ 101.~ 'IJAJ;;~~'l"\;" (fiJ.;jUilii~"" Date: rJ/:J-;j~ h 7 Marana Mayor and Council Approval Resolution No.: S_9T13S R1:3.E ITHQR..J:JYpAL~ ROAD PROJ Parcel No. 101-03-8890 Acquisition Agreement for Elinor M. McCague Prepared 8/1/05 PS Page 2 of 3 EXHIBIT A Description of Temporary Construction Easement from John E. & Elinor M. McCague Tax Parcel 1 01-03-8890 A portion of that parcel of land recorded at Docket 8308, Page 2152, in Pima County, Arizona, being also a portion of Lot 100 of Briargate Resubdivision, recorded at Book 31, Page 3, of Maps and Plats in Pima County, Arizona, being also a portion of Section 5, Township 13 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Beginning at the Southeasterly point of curvature of said Lot 100, marked by a 1-1/2 inch open pipe, from which the Southeast corner of Lot 99 of said Briargate Resubdivision, marked by a #4 rebar tagged LS 13190 lies South 890-52'-58" East, 168.23 feet distant; thence, along the South line of said Lot 100, South 890-52'-58" East, 84.12 feet; thence, North 000-07'-02" East, 7.00 feet; thence, North 890-52'-58" West, 101.28 feet to a non-tangent 25.00 foot radius curve, concave Northeasterly, whose radius point lies North 440-03'-54" East, 25.00 feet distant; thence, Southeasterly along said curve, through a central angle of 430-31 '-03", for an arc length of 18.99 feet to the point of beginning, containing approximately 671 square feet. The Basis of Bearing is the South line of the Southwest Quarter of Section 5, Township 13 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being South 890-46'-38" East as recorded at Book 33, Page 62, of Records of Surveys in Pima County. Page 1 of 2 TCE #13 11-26-03 E:\040 1 \OO\ROW\legals\Kriscorrection\Correctedtce 13.DOC 5/17/2005 ~ NO. U L2 L3 BEARING S EB52'58' E N 00'07'0Z' E N 8f152'58' w DISTANCE 84J2' 7 [)(J 10128' o <( o 0:::: W .-J <( o >- Z 0:::: o I I- Ii t I \'i CUFYE CI TANGENT 9.98' f MC CNlUE JOHN E. & EUNOR M. 101-03-8890 DKT. 8308. PNlE 2152 GROSS AREA. 11772 SF TCE TAKE . 671 SF NET AREA. IIJO/SF -'3 ![ L2 EXISTING L.. RIGHT-OF-WAY ___J_______________ ~ p EXHIBIT B Exhibit showing the Temporory Construction Easement Acquisition A Portion of Section 5, Township 13 South, Range 13 East. Gila and Salt River Meridian from McCague John E. 8c Elinor M. Tax Parcel No. 101-03-8890 Use ry alteration af the infarrootion in this instrument far ather than the specific purpose for which it was intended and for other than the c I i ent fry whom it was prepared is frybidden unless expressly permitted in writing in advance by R.S. ENGINEERING INCORPORATEO. and R.S. ENGINEERING INCORPORATED shall have no liabi I ity to any use of this inforrootion without their written consent. <D RS ENGINEERING RS ENGINEERING TOWN DEPARTMENT OF MARANA OF PUBLIC WORKS THORNYDALE ROAD IMPROVEMENT ORANGE GROVE TO COO WASH CONSULTING ENGINEERS 2<<5 NORTH TUCSON BOULEVARO. TUCSON. ARI20NA 85T16 15201 19'-3933 FAX: 15201 191-9405 (ClRS ENGINEERING PNlE 2 OF 2 TCE -/3