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Home My WebLink About09/19/2005 Blue Sheet Real Estate Exchange Agreement with Gladden Forest TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: September 19, 2005 AGENDA ITEM: J.6. TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2005.21: Relating to Real Estate; approving an ex- change of real property located in the Gladden Farms Develop- ment Project; authorizing the Mayor to execute a real estate ex- change agreement with Gladden Forest L.L.C., and any other documents necessary to accomplish the exchange. DISCUSSION The Marana Public Arts Center located in the Heritage Park has a very small setback from the southern boundary of Block 13 of the Gladden Farms Project. This proposed exchange would transfer an irregular-shaped strip of property along the south edge of Blocks 7 and 13 of Gladden Farms and a generally triangular-shaped parcel at the southwest corner of Tangerine Farms Road and Heritage Park Drive to the Town, consisting of about 2.438 acres, in exchange for an identi- cal-sized parcel of land previously dedicated to the Town as part of the Gladden Farms Block Plat (specifically, a portion of Block A) located at the south edge of Block 25 of Gladden Farms. This exchange will give the Marana Public Arts Center some "elbow room" from the homes to be built within Blocks 7 and 13 of Gladden Farms and will give a view-shed area from Tangerine Farms Road into the portion of the Heritage Park where the Marana Public Arts Center is lo- cated. RECOMMENDATION Staff recommends adoption of Ordinance No. 2005.21, authorizing the Gladden Farms Exchange Agreement. A TT ACHMENT(S) Gladden Farms Real Estate Exchange Agreement with the legal descriptions and maps of the parcels being exchanged SUGGESTED MOTION I move to adopt Ordinance No. 2005.21. {OOOO/255.DOC I} FJC/cds 9/7/05 MARANA ORDINANCE NO. 2005.21 RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED IN THE GLADDEN FARMS DEVELOPMENT PROJECT; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AGREEMENT WITH GLADDEN FOREST L.L.C., AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE. WHEREAS, the Town of Marana is preparing for the public opening and operation ofthe Marana Public Arts Center in the Heritage Park located adjacent to the Gladden Farms Develop- ment Project; and WHEREAS, the Town of Marana desires to acquire certain land from Gladden Forest L.L.C. (the "Owner"), immediately north of the Marana Public Arts Center; and WHEREAS, the Owner is willing to trade approximately 2.438 acres ofland north of the Marana Public Arts Center to the Town in exchange for approximately 2.438 acres of Town- owned land within the Gladden Farms Development Project which the Town no longer needs; and WHEREAS, the properties being exchanged are specifically described and mapped on the exhibits attached to the "Gladden Farms Real Estate Exchange Agreement" between the Town and the Owner (the "Exchange Agreement"), which is attached as Exhibit A to this ordinance; and WHEREAS, the parcels of property being exchanged are of substantially equal value; and WHEREAS, A.R.S. ~ 9-407 requires land exchanges to be authorized by ordinance. 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. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectuate the above-contemplated exchange for and on behalf of the Town of Marana. {00001232.DOC I} - 1 - 8/31/20053:24 PM FJC SECTION 3. The Town Manager and Town staff are authorized and directed to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the aforementioned Exchange Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of September, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00001232.DOC I} - 2 - 8/31/20053:24 PM FJC GLADDEN FARMS REAL ESTATE EXCHANGE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST L.L.C., an Arizona limited liability company (the "Owner"). The Town and the Owner are sometimes collectively referred to as the "Parties," who are sometimes individually referred to as the "Party." RECITALS A. The Owner is the Developer of a development project commonly known and referred to in this Agreement as "Gladden Farms," which is the land depicted on a final block subdivision plat entitled "Gladden Farms Blocks 1 thru 25 and A thru F" as recorded in the Pima County Recorder's Office at Book 55, Page 60 of Maps and Plats. B. The Owner and its predecessors-in-interest and the Town have entered into an original and four amendments to a development agreement governing Gladden Farms, which are identi- fied and described in the recitals to the Fourth Amendment to the Gladden Farms Development Agreement recorded in the Pima County Recorder's Office at Docket 12537, Page 3948 (the "Fourth Amendment"). C. As a result of the performance of the Fourth Amendment, the Parties have determined that it is in their mutual interest to exchange lands of identical size and substantially equal value, as set forth in this exchange agreement, for the efficient and beneficial use of the Town's Heri- tage Park and the Gladden Farms project. 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. No later than October 31, 2005, the Parties will complete the following exchange of land: (A) Owner to Town. The Owner shall transfer to the Town the land described and de- picted in the legal description and map attached as Exhibit A, containing 106,210 sq.ft. or 2.438 acres, more or less. (B) Town to Owner. The Town shall transfer to the Owner the land described and de- picted on the legal description and map attached as Exhibit B, containing 106,210 sq.ft. or 2.438 acres, more or less. 2. Recording. Deeds for the parcels referenced in paragraphs I(A) and I(B) above, accom- plishing the exchange of property, shall be recorded simultaneously. 3. Not a subdivision. The reconfiguration of the properties affected by this Agreement has been accomplished as an accommodation to and at the request and direction of the Town. The division of the lands by virtue of this Agreement are acknowledged to be actions of the Town, {00001229.DOC I} - 1 - 8/31/2005 3:32 PM F1C and are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws. 4. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party 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 Drive, BldgA3 Marana, Arizona 85653-7006 Tel (520) 382-1900 Fax (520) 382-1901 If to the Owner: GLADDEN FOREST L.L.C. 333 E. Wetmore Road #250 Tucson, AZ 85705 Attention: Dean Wingert, Senior Vice President Tel (520) 888-3962 Fax (520) 888-3198 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. 5. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is ofthe 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 Agree- ment, the defaulting party or the party not prevailing in the dispute, as the case may be, shall {OOOOI229.DOC I} - 2 - 8/31/20053:32 PM FJC pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attor- neys' fees. (E) 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. (F) 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. (G) This Agreement is subject to A.R.S. S 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (H) Exhibits referred to in this Agreement are attached to and incorporated by reference as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: OWNER: THE TOWN OF MARANA, an Arizona munici- pal corporation GLADDEN FOREST L.L.C., an Arizona limited liability company By: Ed Honea, Mayor By: Dean Wingert, Senior Vice President Date: Date: ATTEST: Jocelyn C. Bronson, Clerk ApPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by Dean Win- gert, Senior Vice President of GLADDEN FOREST L.L.C., an Arizona limited liability company, on behalf of the L.L.C. My commission expires: Notary Public {00001229.DOC I} - 3 - 8/31/20053:32 PM FJC RICK TM ENGINEERING COMrANY LEGAL DESCRIPTION THAT PORTION OF BLOCK A OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU FI A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF MAPS AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK A; THENCE SOUTH 89022'30" WEST 1047.73 FEET UPON THE SOUTH LINE OF THE EASTERLY PORTION OF SAID BLOCK A; THENCE NORTH 68024'26" WEST 303.73 FEET TO A POINT OF CUSP ON THE NORTH LINE OF SAID EASTERLY PORTION OF BLOCK AI SAID NORTH LINE BEING THE ARC OF A TANGENT CURVE CONCAVE NORTHERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 21035'34" EAST; THENCE EASTERLY UPON SAID NORTH LINE AND UPON SAID ARC, TO THE LEFTI HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 22013'04", FOR AN ARC DISTANCE OF 77.56 FEET TO A TANGENT LINE; THENCE NORTH 89022'30" EAST 1045.82 FEET UPON SAID NORTH LINE TO THE EAST LINE OF SAID BLOCK AI BEING ALSO THE SOUTHWEST RIGHT OF WAY LINE OF TANGERINE FARMS ROAD AS SHOWN ON THE PLAT OF SAID GLADDEN FARMSI SAID LINE BEING THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLYI THE RADIUS POINT OF SAID CURVE BEARS NORTH 28032'19" EAST; THENCE SOUTHEASTERLY UPON SAID EAST LINEI UPON SAID RIGHT OF WAY LINE AND UPON SAID ARCI TO THE LEFTI HAVING A RADIUS OF 1925.00 FEET AND A CENTRAL ANGLE OF 6051'33"1 FOR AN ARC DISTANCE OF 230.45 FEET TO THE POINT OF BEGINNING. CONTAINING 106,210 SQUARE FEET OR 2.438 ACRES, MORE OR LESS. G: \GLADDEN\330S\LEGALS\330SLG02_SW APEAST.DOC PAGE 1 OF2 1745 East River Road. Suite 101 . Tucson. Arizona. 85718 . (520) 795-1000 . Fax: (520) 322-6956 . www.rickengineering.com 2005 RiCK Engineering company .....".,,~ ~ 2 ~ 0%"" V'~ ~ p~7~ ~~~~ $ V',o $ ~~ ~ , ~ ~ (;) .. ,.A o ,.A C> I./l - _ -:7" l'Zrn l="" -I I./l 0 ~rn:t: O~-I I./l-O o ~'Zl="" -IuJg :;0>0 _..~ "::::::-1 rno~ :;o~-< 'Z ~1./l1 :;o:t:rn __C> O-Ul="" _~I ~.-O .. I./l ~ -ugo _ -I :;0 ~:t:'=O l="".. -I 0:;0- Ol=""~ C'Z 'Zc>'-" "jrn~ .. .- .-l="" ~ -u _rn:J:'" N~:;O ~-I~ l="" I ~ I J::" o o rn z ~ u.I o tTI * - ~ 10 o (j) ~ u.I o tTI I (;) o N \ (j) ~o J::"u.I-U ..,,\l="" ~~~ (j)-<r-.> -\\ .NO 00"" r:") 0 r-.) OJ , ~o (') "7' OJ , o (') "7' OJ OJ N' >0 (') 7' \1(Jj N' ~c (' ? RICK TM ENGINEERING COMPANY LEGAL DESCRIPTION A PORTION OF BLOCK 7 OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF MAPS AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER AND A PORTION OF BLOCK 13 OF GLADDEN FARMS BLOCKS 13, 14, 15, (A RE SUBDIVISION OF THE ABOVE NOTED GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F) RECORDED IN BOOK 59 OF MAPS AND PLATS AT PAGE 31, SAID RECORDS OF THE PIMA COUNTY RECORDER, ALL WITHIN SECTION 33 AND SECTION 34 OF TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH 0034'17" WEST 96.58 FEET UPON THE WEST LINE OF SAID BLOCK 7; THENCE NORTH 89018'00" EAST 218.48 FEET; THENCE SOUTH 38051'29" EAST 47.07 FEET TO THE LINE COMMON WITH SAID BLOCK 7 AND SAID BLOCK 13; THENCE SOUTH 38051'29" EAST 37.46 FEET; THENCE NORTH 89017'57" EAST 248.45 FEET; THENCE NORTH 41023'32" EAST 114.41 FEET; THENCE SOUTH 52039'14" EAST 137.92 FEET; THENCE NORTH 89017'57" EAST 650.50 FEET; THENCE NORTH 7005'24" EAST 209.77 FEET TO THE NORTH LINE OF SAID BLOCK 13, BEING ALSO THE SOUTH RIGHT OF WAY LINE OF TANGERINE FARMS ROAD AS SHOWN ON THE PLATS OF SAID GLADDEN FARMS SAID LINE BEING THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 28031'10" EAST; THENCE SOUTHEASTERLY UPON SAID NORTH LINE, UPON SAID RIGHT OF WAY LINE AND UPON SAID ARC, TO THE LEFT, HAVING A RADIUS OF 2625.00 FEET AND A CENTRAL ANGLE OF 3042'09", FOR AN ARC DISTANCE OF 169.63 FEET TO A POINT OF REVERSE CURVATURE ON THE ARC OF A TANGENT CURVE CONCAVE WESTERLY; THENCE SOUTHERLY UPON SAID NORTH LINE, UPON SAID RIGHT OF WAY LINE AND UPON SAID ARC, TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88049'04", FOR AN ARC DISTANCE OF 38.75 FEET TO A POINT OF COMPOUND CURVATURE ON THE ARC OF A TANGENT CURVE CONCAVE NORTHWESTERLY, SAID ARC BEING THE EAST LINE OF SAID BLOCK 13 AND THE WEST RIGHT OF WAY LINE HERITAGE PARK DRIVE AS SHOWN ON SAID PLAT OF GLADDEN FARMS BLOCKS 13, 14, 15; THENCE SOUTHWESTERLY UPON SAID EAST LINE, UPON SAID RIGHT OF WAY LINE AND UPON SAID ARC, TO THE RIGHT, HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 14056'49", FOR AN ARC DISTANCE OF 174.79 FEET TO A POINT PAGE 1 OF3 1745 East River Road. Suite 101 . Tucson. Arizona. 85718 . (520)795-1000 . Fax: (520)322-6956 . www.ricken~ineering.com OF REVERSE CURVATURE ON THE ARC OF A TANGENT CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY UPON SAID EAST LINE, UPON SAID RIGHT OF WAY LINE AND UPON SAID ARC, TO THE LEFT, HAVING A RADIUS OF 730.00 FEET AND A CENTRAL ANGLE OF 15041'39", FOR AN ARC DISTANCE OF 199.96 FEET TO THE NON- TANGENT SOUTH LINE OF SAID BLOCK 13 BEING A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE NORTH 0030'16" WEST 191.08 FEET UPON SAID SOUTH LINE AND UPON SAID PARALLEL LINE TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89029'44" WEST 30.00 FEET UPON SAID SOUTH LINE OF BLOCK 13 AND UPON SAID NORTH LINE OF THE SOUTHWEST QUARTER TO A V2 INCH IRON PIN (NO TAG) AT THE QUARTER CORNER COMMON TO SAID SECTIONS 33 AND 34; THENCE SOUTH 89017'57" WEST 1107.79 FEET UPON SAID SOUTH LINE AND UPON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33 TO THE SOUTHERLY CORNER COMMON WITH SAID BLOCK 13 AND SAID BLOCK 7; THENCE SOUTH 89017'57" WEST 213.27 FEET UPON SAID SOUTH LINE OF THE NORTHEAST QUARTER AND UPON THE SOUTH LINE OF SAID BLOCK 7 TO THE POINT OF BEGINNING. 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