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HomeMy WebLinkAboutOrdinance 2009.22 Real estate exchange with Lawrence A. Oberin for property needed for the Camino de Mañana roadway projectF. ANN RODRIGUEZ, RECORDER DQCKET: 13684 RECORDED BY: LLW PAGE: 29 ~' DEPUTY RECORDER 1956 PE-2 of ~I~ W ~ ~ 0 N0. OF PAGES: SEQUENCE: 14 20092190008 ~ SMARA TOWN OF MARANA ~ ~ y ~' ~'~ ORDIN 11/13/2009 08:49 ATTN: TOWN CLERK '9$~p13Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 12.50 MARANA ORDINANCE N0.2009.22 RELATING TO REAL ESTATE; APPROVING THE TOWN'S TRANSFER TO LAWRENCE A. OBERIN OF APPROXIMATELY 32,344 SQUARE FEET OF PROPERTY IN EXCHANGE FOR HIS TRANSFER TO THE TOWN OF APPROXIMATELY 17,955 SQUARE FEET OF PROPERTY NEEDED FOR THE CAMINO DE MANANA ROADWAY PROJECT; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATING TO THE EXCHANGE; AND AUTHORIZING THE MAYOR AND TOWN ENGINEER TO EXECUTE ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE WHEREAS the Town of Marana has begun construction of right-of--way improvements known as the Camino de Manana/Dove Mountain Extension Project No. 2001-052; and WHEREAS the Town of Marana desires to acquire approximately 17,955 square feet of land from Lawrence A. Oberin that is needed for the construction of the project; and WHEREAS Mr. Oberin is willing to trade the land the Town needs in exchange for ap- proximately 32,344 square feet of Town-owned land immediately east of Mr. Oberin's property; and WHEREAS the properties being exchanged are specifically described and mapped on the exhibits attached to the "Camino de Marana Real Estate Exchange Agreement" between the Town and Mr. Oberin (the "Exchange Agreement"), which is attached as Exhibit A to this ordi- nance; and WHEREAS the parcel being exchanged by the Town is of little value to anyone other than Mr. Oberin; and WHEREAS the properties being exchanged are of substantially equal value when the im- pact to Mr. Oberin's lot and the potential for severance damages are balanced with the fact that the property being offered by the Town will not be needed once the project has been completed; and WHEREAS A.R.S. § 9-407 requires land exchanges to be authorized by ordinance; and WHEREAS the Council finds that the exchange authorized by this ordinance is in the best interests of the Town and the public. 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, and the Mayor is hereby directed to execute it on behalf of the Town. Marana Ordinance 2009.22 - 1 - {00017464.DOC /} ~~ SECTION 2. The Mayor and Town Engineer are hereby authorized to execute any and all documents necessary to effectuate the above-contemplated exchange for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of November, 2009. fi- ~ ~ '° C ~, ~ . ,~ Mayor Ed Honea ATTEST: ocelyn ronson, Town Clerk APPROVED AS TO FORM: v ~.. ,, rtL~l~~~~ ~~~~~~~ ~'~:~ oe~~~~~ m. ~ ~4-' I~~~~G®NE~%~ .~ w r r 1°~ ^~~a ~~~ Marana Ordinance 2009.22 - 2 - {00017464.DOC /} TOWN OF MARANA/OBERIN REAL ESTATE EXCHANGE AGREEMENT Txls AGREEMENT ("Agreement") is made and entered into by and between TxE TowN of MARANA, an Arizona municipal corporation (the "Town") and Lawrence A. Oberin, a single man ("Mr. Oberin"). The Town and Mr. Oberin are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. Mr. Oberin owns a triangular parcel of property located immediately northeast of the cur- rent intersection of Camino de Mariana and Oasis Rd., identified as Pima County Assessor's parcel number 216-33-080A. B. The Town needs a portion of Mr. Oberin's property measuring approximately 17,955 square feet in size ("the Take") for the Camino de Mariana Roadway Improvement Project No. 2001-052 ("the Project"). The Take is particularly described in Exhibit A attached to and incor- porated by this reference in this Agreement. C. The Town owns a parcel of land adjacent to the eastern border of Mr. Oberin's Property identified as Pima County Assessor's parcel number 216-33-096Q measuring approximately 32,344 square feet in size (the "Town Parcel"). The Town Parcel is particularly described in Exhibit B attached to and incorporated by this reference in this Agreement. D. The Town is willing to exchange the Town Parcel to Mr. Oberin in exchange for the Take. E. Mr. Oberin is willing to exchange the Take to the Town in exchange for the Town Parcel and is willing to accept the exchange in satisfaction of his right to receive just compensation for the Town's acquisition of the Take, including any potential severance damages to the remainder of Mr. Oberlin's property resulting from the Town's acquisition of the Take and the Town's construction of the Camino de Mariana Roadway Improvement Project. F. The exchange of property and property rights contemplated by this Agreement is author- °; ized pursuant to A.R.S. § 9-407, the procedural requirements of which will have been satisfied by ~ the Town prior to the Town's approval and execution of this Agreement and its related docu- ments. 10/11/2009 6:12 PM CIH FJC TOWN OF MARANA/OBERIN REAL ESTATE EXCHANGE AGREEMENT -1- EXHIBIT A to Ordinance 2009.22 AGREEMENT Now, THEREFORE, 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 and property interests. The Parties will complete the following exchange of land and property interests no later than thirty days after the effective date of the Ordinance authorizing this Agreement: (A) The Town to Mr. Oberin. The Town shall transfer title to the Town Parcel to Mr. Oberin no later than thirty days after the effective date of the Ordinance authorizing this ex- change by means of a Special Warranty Deed to be signed by the Town Engineer. (B) Mr. Obern to the Town. Mr. Oberin shall transfer title to the Take to the Town by means of a Special Warranty Deed no later than thirty days after the effective date of the Or- dinance authorizing this exchange. 2. Confirmation of just compensation. By signing this Agreement, Mr. Oberin accepts the Town Parcel as just compensation for the Take, including any potential severance damages to the remainder of Mr. Oberlin's property resulting from the Town's acquisition of the Take and the Town's construction of the Camino de Mariana Roadway Improvement Project. Mr. Oberin expressly waives any and all further compensation resulting from the Town's acquisition of the Take, including severance damages. 3. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the parry 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 Dr. Marana, Arizona 85653-7006 (520) 382-1900 Fax (520) 382-1945 If to Mr. Oberin: LAWRENCE A. OBERIIv 6075 W. Camino de Mariana Tucson, Arizona 85742-8991 (520) 572-4898 10/I 1/2009 6:12 PM CIH FJC TOWN OF MARANA/OBERIN REAL ESTATE EXCHANGE AGREEMENT -2- EXHIBIT A to Ordinance 2009.22 iii :~ ~~ ~;, All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided 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 refusal to accept. 4. 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 es- tablishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) 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. (G) 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. ,; (H) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. 10/11/2009 6:12 PM CIH FJC TOWN OF MARANA/OBERIN REAL ESTATE EXCHANGE AGREEMENT -3- EXHIBIT A to Ordinance 2009.22 IN wiTNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. "TowN" THE TowN of MARANA, an Arizona munici- pal corporation ~' ~'' .r"` ~ By: ~' Ed Honea, Ma or ~~ ` Date: /~'.3 D "Mr. Oberin" LAWRENCE A. OBERIN, a single man Lawrence A. Oberin Date: i~ e~I,; C° ` ATTEST: TOWN OF MARANA/OBERIN REAL ESTATE EXCHANGE AGREEMENT -4- EXHIBIT A to Ordinance 2009.22 10/11/2009 6:12 PM CIH FJC celyn ronson, Clerk August.26, 2009 E;~HI~IT A iE~~-L I~ESC~IPTIC~N PUBLIC RlGH7-('31'-'IPV~Y A portion of that property described in: docket 1'1135, page 1'469; as recorded in-the. office of the Pima County Recorder, located. in the' Northwest one-quarter' of Section 14, Township 12 South., Range 12 East, -Gila and Salt River Meridian, Pima County, Arizona, described as follows` C~3lIAMENCI[dG at-the west one: quarter corner of said. Section 14, as monurnented: by a 518 inch s#ee! rebar in concrete with 1-1/2 inch aluminum. cap marked: "LS 1:052 S!15- S1 4 114 4167," from which'. the center quarter of said section; as shown by Pirr~a County Section Corner References, bears North 89 degrees 26 minutes 28 seconds East; a distance of 2636.11 feet; l'HEl~6CE upon the center quarter line of Section 14, North 89 degrees 26 minutes 28 seconds East a distance of 810.56 feet; THEI~ICE perpendicular tp said center quarter line:, North 00 degrees- 33 minutes 32 seconds East a distance: of 30..,00 feet to a point on the north. right-of-way of Oasis Read as shown in Book 3' of: Road Maps at Page 69, Pima County Recorder's OfFice, and the southeast corner of that parcel described in. Docket"13456, page 1610, being the Pt~INT OF BEGiNR![l'~G; THiEIVCE upon the southeasterly line of said parcel described in Docket 13456, page 16'f 6, North 57 degrees. 36 minutes 41 seconds East; a distance of 232.83` feet #o the beginning of a curve., concave to the southeast; THENCE-upon said southeasterly line, a curve tr the :right hiving a radius of 2244.36 feet and a central angle: of 8 degrees 57 minutes 1(? seconds., for an arc distance of 350.74 feet to a point on the west fine of the southeast quarter of the northwest quarter, being also the west Gne of that property described in Docket 13555, page 556 tPartiai Acquisition L7-6; 21:6-33-096K); THENCE upon said west line, South 00 degrees 16 minutes 44 seconds East, a distance of 30.70 feet to a -point on the arc of a :non-tangent curve, concave to the southeast, through which a radix( line bears North 25 degrees. l5 minutes 12 seconds-West; ~°( THENCE .southwesterly upon said non-tangent curve to the left, having a radius of 2240.00 feet and a centre.! angle of 5 degrees 37 minutes 36 seconds; an arc distance of 2.19..98 feet; THENCE North 30 degrees 52 minutes 48 seconds West a distance of 4.00 feet; F:103074;PostDesigniL.EGALSU.egal-2kb=33-080t1121b-3-080P of Paeel of3 ~l~~~Ci= Sr~uth 57 degrees 53.minutes 43 seconds 1lVest a rtis#ance of 157.02 feet; THENCE- South 52 degrees 16 minutes 46 seconds ilUest a distance of 75.33 feet;. ~'H~NC~ Sou#h 57 degrees 35 minu#es 51 seconds Wes# a distance of 5`1.78 feet to a point on said nor#h right-of--way of Oasis Road;; THEtdGt= upon said' righ#-of-way, South 89 degrees 26 minutes 28 seconds West a dis#ance of 73.94 feet to the POINT Q~ BE~GINNI(19G°; See i=xhibit B at#aclied hereto and made a :part hereof. . Prepared for and an the behal# of Psemas; Projecf No. 7TMA037403 J:.O: Teague, Rt.S 18557 Expires 9/30%2010 t, ~~~ ,~., PN 1F • 9, q~wx 1 ,iµ~e~ L 103041P~stDesign\LEGAi.Sli;ega3-216-33-08~~12ib-i3-080A,rtt: Page 2..of. SCALE: 1" = 100' P.O.B. i CURVE RAQIUS AR'C LENGTH DECTA ANGLE Cf 2244.36' 3.50.70' 08'5710"- 02 2240:00' 219.98' 05'3736°' ~ ~ ~ J ~` ~~~ ~~ ~ ~~ 216-33-080A ~- -~ ~ ~,`Z:. OBERIIV, LAWRENCE A. ~ ,ri '~ DK. 111.3:5; PG. 146.9 ti~ Q. 4122 ~r AG. t OASIS RD. BK. 3, PG. 69 RM _ _ - - - _ - - " N 89'26'28" E 263.6.:11' (BASIS OF BEARING) LV. 1 /4 COR, SECTION. 14 5 f 8" REBAR IN CONC.: W/ 1-1 /2" AC STAMPED" L5 1052 S15(S14 1 /4, 4/67" C1 /4 SECTION 14 PE'R PCHD .CORNER REFS. LINE BEARING. DISTANOE L1 N QO'33'32" W 30.OQ' L2' N 57'3:6'41 " E 232.:83' L3 S 00`16'44" E 30.70' L4 N 30'52'48" W 4.00' L5 5 57`53'43" W 157:02' L6 S 52°16'46" W 75:33' L7 S 57°36'5"1" W 51.78' L8 S 89°26'28" W 73.94' L9 N 25'15'12" W .2240.00 ~' O A PUBI:3~ RG1EiT OF ~~'Y` 897 E.fa lb~, 11@, iu~aa, ~t ffi719 Td {51a) ~2-25ao (9ao) ui-ss75 A PORTION OF THE DtORTHWEST 1 f 4, Fax {515) 292-t2so SECTION- 14, T I? S, R 12 E rw.psape9:com GIL.A & SALT RIVER I+~fERIDIAN, PIMA COUNTY, .ARIZONA 7TMA037403 03074-03 DATE: AUGUST 26, 2009 a D.RA!NN BY: SM p~$ s of s ~. ~~ 1 ~ctc~her ~0, X00 =~.w ~ s ~i ~.~<~mt~ That prapert~ descrided ire ~ocf~et ~ ?~, pa0e ~~~, ~~hfdlt =~„y records of the cor~~~ty recarder, Pirr~a ~or~nt}~, ~rizor~aY located in the sa~theast one-g~.~arter of the €~orthwest ar~e~q~arterof ~ectiora 'I~, Township 1~ bath, P.ar~ge 12 fast,Gila and daft diver 'eridiar~, Pima ~c~~ar~t~, >~rizana, ~~+~~~T'l that property descrided as follows; ~ parEion of that prcaperty descri:~Ed in €3ocet 13555, pa0e 556 exhibit "A~"~ records of the county recorder, Puna ~ountys I~rizona, located in the southeast one-quarter of the northwest one~ruarter of ~ectian 14, Tcawr~ship 1 ~ ~o€~th, €~ange 12 Eastt ~ifa and daft Fiver (tiferidian, F~i~a Jaunty, ,~rizona, described as foflowse L~~IE~ at the center one quarfier corer a~' said ~ectian 1~ Ti~N~~ ~auth 39 degrees 26 n.inutes 2~ ascends 'west along the centeriirae of Section 14, a distance of 1318.10 feet to the south rest corner cat the southeast ane~q€~arter of the northwest anewquarter of ~ectian 1~; T~~~ north 00 degrees 10 r~in~rtes ~4 secarads Nest, along tie west fine of the southeast one-quarter of the nar~hwest one quarter, a distance of 30.Q0 feet to the €~orttt right of way of C3asis Pena per Pica ~a~o.+nty E~oad Proceedings loo. 39~ ar~d the (~#T ~GIE~E'~I; ~'NE~~~ continuing Mang the west 4ine cat the scautheast one-quarter of the narfihwest one-quarter, ~lorth 00 degrees 16 rr~inutes 4~ seconds Test, a distance of 253.0 ~ feet to ~ paint an ~ non-tangent currve caraca~e to the sa~€theast, having ~ radius of 22~k0.00 feet, a central angle of 0 degrees ~ minutes 24 seconds, and frorrr which the center bears youth 25 degrees 15 rnin€.~tes 1? seconds fast, deir~g also the f ~ ~3~~~E~<~IN~~a ~~'~E continuing along the west fine of the southeast one-quaker of the no~bwest one-quarter, kart 00 deg, ees 1 ~i rnir~utes ~4 seconds V~1est, a distance of 30,0 feet to a ~, p©int an a rror~~t~nger~t cu~~re ccaracave to the southeast, having a radius of '~~4.36 Poet, a centre' angle of 0 degrees 0l ~~i~tes 10 seconds, arzd from; which the center dears ~>outh 23 degrees ~ ~ir~tes 0~ seconds fast; 4 `~ ~ r~c~rti~easteriy afar~Eg the curve, a;-z arc distance cif x.58 fAe to tl`~e begir~r~ir~g of a co~paund carve, co~~cave to the so~thv~cst, i-~avi~g a radius of 35.0 pent, a central anglo ~. of 91 degrees 5~ rr€inutes ~S seco~rd~> and frorr~ vvti~h the center doers youth 23 dogreos. 18 ~lnutes 57 seconds fast, ~~~ eastern; ~~~ sotheasterl'° aio€-~ the c~~e, an arc distar~ue of 5.17 feet;- ~N~ Sa~tt~ ~ degrees ~2 mir~~stes 39 seconds fast, tangent to the ce, ~ dista~ic€~ Qf 3:~a~3 feet to ~ paint of cusp of ~ c~~,e car~ca~e to the so~thvvast9 haying ~ radius of X3=00 feet and central angle of 93 degrees ~~ rr~in~tes 39 sacarlds, and f~~m ~vftich the center bears S'c~th ~ degrees ~? r~~inE.ttes 5~ sacandu 1~ast; °~ r~arthu<estorly, o~tar~y ~n~ ~c~#h~a~torB~r aiang rho ~~~re, ~n are dis~~r~o~ ~f 65.38 feat to the beginning of a eornpota~~l c~r~re, cor~ca~e to the soathaast, having a radios of X240.00 feet, a ce;~tral ar~gie €~f D degrees 1~ rrtir~~~tes ~~ seconds, ar?d tram which the center bears South 25 degr~~ OQ minufes 4~? seconds fast; T'~~~ so~th~vasterl~r along the curve, an arc distance of 3.39 feet ~v the ~(° ~i~C~; Qc~€~taining as cc~rollar~, appraxi~ately r~~032 acres, i ,334 scit~are feet. ~ha basis of bearing for the abovo description is South 89 degrees ~~ minutes 28 secar~ds ~/est betvveen the cuter one-quarter corner of Sectiar~ ~4 ar~d the vvast oaa- gt~arter corner of ~~ctian 14. ADD ~L1~~ 7'~ that drainage easement c3ascrib~d by the attached dac€~rt~ent "drainage ~asernent - ~, D-6, 2~ 6~33~~33~i~~, Sea exhibit B attached hereto and made a part hereof; Prepared for and on the behalf of Psomas: Project X10. 7T~~037403 J.Q. Tea~~a, RLS ~ 8557 j;/~~tcar~~U ~`' ~ 857 ° ~. t~, ~~ s r ~', ~% Expires 9i30t20 ~ 0 t ~Oi~w~f'osE[tcrt ,,; tvQ;~I `+:_li~-~ x'1«6{}-y ,t,.rt; EXC~~~~'CC~ ~~~~= ~~4 t A_ ~~yynnyv~J'E! wk ~t X16-3~-OSOA Cf~~~{~, ~.~~NR~~CE A. ~C}. ~~ ~ ~`~ f3 C~' s^.! ~ ~ ~~ G ~e ~ ~~ C~ ~gg~ 1_ yy ~/1 ~~ ~~ /~ ~~~~ ~~ ~~ ~ C1~.1 ~~~5, ~ r ~~. ~~~ ~... ~UBJ~CI TC° EJ {1fiiIYriV~ , LP1~C~i~~.t~l-C '` ~ " ~'~. ~`\ ~.- oASi~ ~c~~ ~~~i~~i~v~~ ~~ ~ ~. _...,:.T,.,,_ ~ ~9~~6'~~3" ~~ ~63~.1 i' {~~S1S CF E~R1ilG~ ~` ~~~. ~~~ ~~s~~ sic, ~ ~~- -~~~}~ g (~ Lt~~~ i~'i~'C3LL~ 1- . L7.. tom. C 1,/~ COR. 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