HomeMy WebLinkAbout06/20/2006 Blue Sheet Release from Water Service Agreement
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: June 20, 2006
AGENDA ITEM:
1.3
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2006-88: Relating to Water Service; releasing
H. Lawrence Serra, the H. Lawrence Serra Family 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.
DISCUSSION
On December 20, 2005, the Town Council approved Marana Resolution No. 2005-154, approv-
ing and authorizing the Mayor to execute a water service agreement with several individuals for
the construction of a six inch water main in and near Ina Road in the vicinity of Artesiano.
Among other things, the water service agreement obligated each of the applicants (who are prop-
erty owners receiving the benefit of the water line construction) to indemnify the Town for a pe-
riod of two years for any problems or failures relating to the water main. The water main con-
struction was completed in late 2005 and has been accepted by the Town.
H. Lawrence Serra and Frank A. Serra, who are two ofthe signers of the water service agreement
and owners of 40 acres at the end of Ina Road, have asked to be removed from any further obli-
gations under the water service agreement, including any indemnity obligations. Although their
property benefits from the water main (in fact, they have since hooked through a water line ex-
tension to the six inch water main), the water main itself is located about 800 feet east of their
property. The Serras are in the process of obtaining new title insurance, and have been informed
by the title company that the water service agreement and the indemnity obligation under it will
be a title exception under their policy unless the Town agrees to waive the obligation. The Water
Department has reviewed the Serras' request for elimination of the obligations and has no objec-
tion to it.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2006-88, waiving the Serras' obligations under the
water service agreement, including their indemnity obligation.
SUGGESTED MOTION
I move to adopt Resolution No. 2006-88.
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FJClcds 5/30/06
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
WHEREAS, Town staff has reviewed the Serras' request and has no objection to it.
{00002184.DOC /}
FJC/cds 6/9/06
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.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00002I 84.DOC I}
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