HomeMy WebLinkAbout02/21/2006 Blue Sheet Temporary Construction Easement Purchase
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: February 21, 2006
AGENDA ITEM: I. 1
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
H. Thomas Gill, Jr., Director of Public Works
Resolution No. 2006-29: Relating to Real Estate; approving and
authorizing the Mayor to execute an acquisition agreement with
Elinor M. McCague for the purchase of a temporary construction
easement relating to the Thornydale Road Improvements.
DISCUSSION
Historv
On August 2, 2005, the Mayor and Council approved Resolution No. 2005-101, authorizing the
acquisition by negotiation or condemnation of lands and property rights needed for the above
referenced project.
Location
This property is located at 3790 W. Raintree Drive, Tucson, 85741, and referenced as Lot 100 of
Briargate resubdivision, Tax parcel no. 101-03-8890.
Back2round
This is an 11,772 square-foot lot with CR-3 zoning and improved with a single family residence.
The acquisition is for a 671 square foot Temporary Construction Easement at an appraised value
of $400. A negotiated settlement of $1200 was reached, based on $100 per month for the use of
the subject property for 12 months. The additional $800 is significantly less than the cost of
redesigning the road improvement project or acquiring the easement through a condemnation
action.
RECOMMENDATION
Staff recommends approving and authorizing the execution of the acquisition agreement with
Elinor M. McCague.
SUGGESTED MOTION
I move to adopt Resolution No. 2006-29.
Thornydale Road Project 2002-58, McCague, tax parcell 01-03-8890
1/24/06 PS
MARANA RESOLUTION NO. 2006-29
RELATING TO REAL ESTATE; 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 Maran a needs a temporary construction easement to construct the
Thornydale Road Improvements from Orange Grove Road to Canada del Oro Wash; and
WHEREAS, the Mayor and Council of the 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 Maran a 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 of the acquisition agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Maran a,
Arizona, this 21 st day of February, 2006.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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 "B". 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- ,
85 T138 R13E T [THORNYDALE ROAD PROJECT No. 2002-58
Parcel No. 101-03-8890 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 par't1es. 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
b - . ?
-L. /IV 112 JJ{.{ J. IJ.<- Q/
Elinor M. McCague 0
Town of Marana, an Arizona municipal
corporation
Mayor
Date:
Attest:
Town Clerk
Approved as to form:
Marana Mayor and Council Approval Resolution No.: 2005- . Dated- ___.f
85 T138 R13E I [THORNYDALE ROAD PROJECT No. 2002-58
Parcel NO.1 01-03-8890 I Acquisition Agreement for Elinor M. McCague
Prepared 8/1/05 P8 I
Town Attorney
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
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MC CAGUE JOHN E. & ELINOR M.
101-03-8890
DKT. 8308. PAGE 2152
GROSS AREA. 1/772 SF
TCE T ME . 671 SF
NET AREA . IIJOI SF
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EXHIBIT B
Exhibit showing the Temporary Construction Easement Acquisition
A Portion of Section 5. Township 13 South, Range 13 East,
Gila and Solt River Meridian from McCague John E. & Elinor M.
Tax Parcel No. 101-03-8890
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Use or alteration of the inforlOOtion in this instrument
for other than the specific purpose for .nich It was
intended and for other than the c I i ent for .nom it was
prepared is forbidden unless expressly permitted in
writing in advance by R.S. ENGINEERING INCORPORATED.
and R.S. ENGINEERING INCORPORATED shall hove no
liability to any use of this inforlOOtion without their
wr i tten consent. (E) RS ENG INEERING
2<<5 NORTH TUCSON BlXJtEVARO. TUCSON. ARI20NA 85T16
<ORS ENGINEERING
'5201 191-3933 FAX: 1520' 191-9<05
TOWN OF MARANA
DEPARTMENT OF PUBLIC WORKS
THORNYDALE ROAD IMPROVEMENT
ORANGE GROVE TO CDO WASH
RS
ENGINEERING
CONSULTING
ENGINEERS
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