HomeMy WebLinkAboutResolution 2006-088 releasing h. lawrence serra and frank serra from indemnity obligations in a water service agreement
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SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
RES
12831
1332
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20061200459
06/22/2006
14:24
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: ALH
DEPUTY RECORDER
0726 PE2
DOCKET:
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AMOUNT PAID
$ 8.00
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MARANA RESOLUTION NO. 2006-88
RELATING TO WATER SERVICE; RELEASING H. LAWRENCE SERRA, THE
H. LAWRENCE SERRA F AMIL Y REVOCABLE TRUST DATED 8/30/05, AND FRANK
SERRA FROM INDEMNITY OBLIGATIONS CONTAINED IN A WATER SERVICE
AGREEMENT RELATING TO WATER FACILITIES IN AND NEAR INA ROAD.
WHEREAS, the Town Council adopted Marana Resolution No. 2005-154 on
December 20, 2005, approving and authorizing the execution of a Town of Marana agreement for
construction of water facilities under private contract, which has been recorded at Docket 12711,
Page 180, Pima County Recorder's Office ("the Water Service Agreement"); and
WHEREAS, several individuals and entities are parties to the Water Service Agreement,
all of whom are obligated under the Water Service Agreement to indemnify the Town of Marana
for a period of two years for any defects relating to the water line installed pursuant to the Water
Service Agreement; and
WHEREAS, H. Lawrence Serra, an individual and as Trustee of the H. Lawrence Serra
Family Revocable Trust dated 8/30/05, and Frank A. Serra, a married man, as his sole and
separate property (the "Serras") are parties to the Water Service Agreement and own
approximately 40 acres at 7602 W. Ina Road; and
WHEREAS, the Serras have requested to be removed from the indemnity obligations so
that it does not show up as a title exception on their property; and
WHEREAS, the six inch water main constructed pursuant to the Water Service
Agreement was completed in October, 2005, and has since been inspected and its dedication
accepted by the Marana Water Department; and
WHEREAS, no portion of the six inch water main constructed pursuant to the Water
Service Agreement was constructed on the Serras' property; and
WHEREAS, other parties, including the original contractor who installed the line, remain
obligated to indemnify the Town for the water main; and t
WHEREAS, Town staff has reviewed the Serras' request and has no objection to it. ;1~;
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{OOO02184.DOC /}
FJC/cds 6/9/06
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF MARANA, ARIZONA, that the Serras and the Serras' property located at
7602 W. Ina Road (Pima County Assessor's Parcel No. 221-28-008B) are hereby released from
, any obligation under the Water Service Agreement including, without limitation, the indemnity
provision contained in paragraph 6.1 of the Water Service Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of June, 2006.
{,(tI-~
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
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