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Home My WebLink AboutResolution 2006-117 acquisition agreement to purchase public right of way for cortaro farms road MARANA RESOLUTION NO. 2006-117 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE ASSISTANT DIRECTOR OF PUBLIC WORKS TO EXECUTE AN ACQUISITION AGREEMENT WITH WILLIAM THOMAS ELLIOTT & SANDRA D. ELLIOTT, AS TRUSTEES OF THE WILLIAM THOMAS AND SANDRA D. ELLIOTT LIVING TRUST, DATED JUNE 10, 1994, FOR THE PURCHASE OF PUBLIC RIGHTS-OF-WAY AS NEEDED FOR CORTARO FARMS ROAD FROM UNION PACIFIC RAILROAD TO STAR GRASS DRIVE PROJECT NO. 99-076. WHEREAS, the Town of Marana needs additional public rights-of-way along the western alignment of Camino de Oeste to construct Cortaro Farms Road from Union Pacific Railroad to Star Grass Drive Project No. 99-076; and WHEREAS, it is in the best interest of the public to purchase the needed public rights-of-way in fee title from William Thomas Elliott & Sandra D. Elliott, as Trustees of the William Thomas and Sandra D. Elliott Living Trust, dated June 10, 1994; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Acquisition Agreement between the Town of Marana and William Thomas Elliott & Sandra D. Elliott, as Trustees of the William Thomas and Sandra D. Elliott Living Trust, dated June 10, 1994, attached to and incorporated by this reference as Exhibit A is hereby approved, and the Assistant Director of Public Works is hereby authorized to execute the Agreement or a substantially similar Agreement for and on behalf of the Town of Marana. IT IS FUTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further actions required or beneficial to complete the terms, obligations, and objectives of the Acquisition Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of August, 2006. """""""'~ ~ ~ ~'~\. OF '~ ~~\,~'\\'''t",,~, ~ ~1~Op.PORAri' ~ Mayor Ed onea _ S CICIO I - S 'SEALI S ~ ~ ~ ~ ~ '!f. ~""..,,\\~ ~ 191 '\ 9 ~\~ . 8/1/200610:11:11 AM MF:KT Page I of I ! ~ . . . .. . . - - ... .. . -. .... - --.. - . ... . . .. .. ~............ . .. . . ", ...,........... "... ;"::: .._'..<.":.".... '..... ,';-::. ....- .. .... ..... .. .... ............. .. . .. ........ .,. ....~._..... -" . ~~>; ;'::.", \:': ,'A_> ::",:::.:.-:>".::::.:,.::::' \:.::::: . . .A.'. . . 'A. . .....rsJ.... ..A" ...... ... ",.".. ........ .. .... .. .. ... . .. ,". '".n ... . . '. , ,. ..' . . - - .' . . -. . . . . ," ., ....". '." - ", . .", .- -", ... ..". 1\1:..:......R:....:........................ ... .. . -. -', . -.. . . ..... ",. .... . ... ..... ... ... . ~..............:......................~..........j....~....:.'. . .... . ... .,. . ','," ',-'-- - ..... . .. ,.. .. . . . '" .... ..... .. .. ..... . . . .:,.:" ...... .... ........ ",'-", ...... . ~...:...................:... PUBLIC WORKS DEPARTMENT ACQUISITION AGREEMENT This Agreement is made by and between William Thomas Elliott and SandraD. Elliott, as Trustees of The William Thomas and Sandra D. Elliott Living Trust, dated June 10. 1994 ("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 September 30, 1994, in Docket 9889 at Page 3195 in the Pima County Recorders Office, including all improvements located thereon (the "Property"). The Town has determined the need to acquire fee title to public rights-of-way (the "Acquisition"), described in Exhibit "A" and shown on Exhibit "A-1", incorporated herein by this reference. In lieu of court proceedings and further to its power of eminent domain, the Town agrees to acquire fee title and a temporary construction easement for' past rents to the Acquisition for $15,717.00 (the "Acquisition Amounf') subjectto the terms and conditions set forth below with the categorieS of compensation and closing costs as follows: $ $ $ $ 13,667.00 Fee Acquisition Amount 2,050.00 Temporary Construction Easement Acquisition 1,500.00 Estimated Closing Costs 17,217.00 Total Not to Exceed Amount 2. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of loss for any and all damage to the improvements located on the Acquisition prior to close of escrow. 3. Warranty Deed Document. Upon execution of this Agreement the Owner shall deposit with Town a Warranty Deed conveying to the Towntitle to the Acquisition free and clear of all liens and encumbrances. 4. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, vegetation, or any portion of the Acquisition prior to closing, but owner may remove its personal property. 5. Escrow and Prorations. The Acquisition Amount shall be payable in full at closing. (a) The date of closing shall be used for proration of rents. property taxes and other similar costs, (b) assessments due for improvement districts shall be paid in full by the OWner prior to closing; and ( c) property taxes shall be prorated based upon both the date of closing and the size of the Acquisition. The proration of taxes shall be for the proportion of taxes assessed against Owners entire parcel which are attributable to the Acquisition. Marana Mayor and Council Approval: I Resolution No.: 2006- . Dated: S~~1R12E I CORTARO FARMS RD. UPRR TO STARRGRASS Proiect No. 99-076 Parcel No. 221-14-006J I Camino de Oeste Acquisition Agreement from ELLIOTT TRUST Page 1 of 4 X:\99-ll76. CorIaro FlIm1ll UPRR to E Town\Righl-of-We)l\AcquisltJonslBliottlPartiaJ Take Acquisition Agreement (8Hott) 062306.DOC Revised 03121/05 FC:MF 6. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by the Lienholders, be paid to the Lienholders. owner shall obtain from the Lienholders releases for any fee transfer and consents for any transfer of an easement for the . Acquisition. 7. 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 Council or (b) 30 days after receipt of all necessary releases or consents from lienholders. 8. Environmental Representations. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potentiallia.bility, jf any, arising from the environmental condition of the Acquisition, 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. 9. 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 Acquisition. 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 Acquisition into compliance with environmental regulations prior to Closing orTown may terminate this agreement. 10. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the Acquisition. 11. 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. 12. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid by Town. 13. 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. Acquisition or in 180 days, whichever occurs first. 14. No Sale. Owner shall not sell or encumber the Acquisition before closing. Marana Mayor and Council Approval: I Resolution No.: 2006- . Dated: S.2.Q..1T12S /R12E I CORTARO FARMS RD. UPRR TO STARRGRASS Proiect No. 99-076 Parcel No. 221-14-o06J I Camino de Oeste Acquisition Agreement from ELUOTI TRUST Page 2 of 4 X:\99-076 Cortaro Farms uPRR to E TownIRlght-of-Way\AcquisitionslElliolt\Partial Take Acquisition Agreement (Elliott] 062306.DOC Revised 03121/05 FC:MF 15. 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.. 16. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. 17. 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 parties. 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. . The William Thomas and Sandra D. Elliott . Living Trust, dated June 10, 1994 Town of Marana, an Arizona municipal corporation u~ ~~,,~b{-'J"lI~ - William omas Elliott, Trus ee Kevin Thornton, P.E. Assistant Director of Public Works ~ n. Date: . ~. N.~T1C<= Attest Sandra D. Elliott, Trustee Town Clerk Approved as to form: Town Attorney Marana Mayor and CQuncil Approval: I Resolution No.: 2006--> Dated: . S~If12S...1R12E I CORTARO FARMS RD. UPRR TO STARRGRASS Proiect No. 99-076 Parcel No. 221-14-006J I Camino de Oeste Acquisition Agreement from ELLlOlT TRUST Page 3 of 4 X:\99-o16 Cortaro Farms UPRR Ii:! E TownlRighl-d.WaylAcquisltions\ElliottlPal1ial Take Acquisition Agreement (Bliott) 062306.DOC . Revised 03121105 FC:MF In witness whereof, I hav~ set my hand and official seal. My commission expires: 10 - \ - ~ ~ ~., . . NOTARY PUBLIC . STATE OF ARIZONA Pima County " BARBARA E. GLENN .. My Comm Expires 06-01-2007 ~~.~ Notary Public STATE OF Arizona ) ) ss. County of Pima ) was acknowledged before me this ~ day of 200~by Sandra D. Elliott, as Trustees of The William Thomas and ndra . lliott Living Trust, dated June 10, 1994. In witness whereof, I have set my hand and offICial seal. My commission expires: b-'\-':J...~~{ . NOTARY PUBLIC STATE OF ARIZONA Pima County BARBARA E. GlENN My Comm Expires 06-01-2007 ~~~~ Notary Public Marana Mayor and Council Approval: I Resolution No.: 2006- , Dated: S~fT.12Q..lRm I CORTARO FARMS RD. UPRR TO STARRGRASS Project No. 99-076 Parcel No. 221-14-006J I Camino de. Oeste Acquisition Agreement from ELLIOTT TRUST Page 4 of 4 X:\99-076 Corlaro Fanns UPRR to E TownlRlght-of-WaylAcqulslUons\8llott\Partlal Tako Acqulsltlon Agreement (EUloll) 062306.DOC Revised 03fl1J05 FC:MF , i I I .\ I ., IUIBr A LEGAL DESCRIPTION PROPOSED RIW ACQUISffiON - CAMINO DE OESTE CORTARO FARMS :ROAD - U..P.R.R. TO STAR GRASS DRIVE' . ASSESSORS TAX PARCEL ~21~14:-OO6K 'I I .1 " . A PORTION OF TIm. SOUTHEAST QUARTER . OF.' Tim SOUTHEAST QUARTER . OF 'THB NORTHWEST QUARTER. OF SECTION 25, TOWNSHIP 12 SOIJTH, RANGE 12 BAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AS RECORDED IN DOCKET 4041 AT PAGE 186, RECORDS OF piMA . COUNTY, ARIZONA, MoRE PARTICULARLy DEsCRlBfID AS FOLLOWS: .COMMENCING AT THE . SOUTHEAST CORNER OF ~AID SOutHEAST "QUARTER OF TIlE SOUTHEAST QUARTER. OF THE NORTHWEST QUARTER. OF SECTION 25; . THENCE NORTH 00031' 15" WEST AL9Nq THE EAST LINE 1lIEREOF, 30.00 FEET TO THE INTERSECTION 'OF THE NORTH RIGHT OF 'WAY LINE OF CORTARO FARMS ROAD'AS RECORDED IN BOOK 2 OF ROAD MAPs AT PAGE 123, AND THE WEST RlOHT OF . WAY LINE OF. CAMINO DE OESTE AS RECORDED IN D<>CKE'r 6163 AT PAGE 953 AND BOOK 18 OF ROAD MAPS AT PAGE 35,' RECORDS OF PIMA COUNTY, ARIZONA, AND THE POINT OF BEGINNING; 'THENCE CONTINUE NORTH 00031'15" WEST ALONG SAID WEST LINE OF . CAMINO DE OESTE, 370.10 FEET; . ~CE LEAVING SAID WEST LINE, SOUTH 8!n8'46" WEST, 15.00 FEET; THENCE SOUTH 00031'15" EAST ALaNGA LINE 15~00 FEET WEST'OF'AND, '. PARALLEL WITH SAID WEST LINE OF CAMINO.DE OESTE, 299.91 FEET; . . . . THENCE SOUTH 8~8'46'. WEST, 15.00 FEET; THENCE SOUTH 00031'15" aAsT ALONG A IJlIm 30.00 FEET WEST OF AND . PARALLEL WITII SAID WEST LINE OF CAMINO DB OESTE, 70.08 FEET TO T.HE" NORTH RIGHT OF WAY; LJlI.ffi OF SAID CORTAROFARMS ROAD; . THENCE NORTH 8~40'28" EAST ALONG SAID NORTH LINE, 30.00 FEET TO. THE WEST RlGHT"'()F-W AY LINE OF SAID CAMINQ DE OESTE, AND THE . POINT OF BEGINNING. CONTAINlNG 6,602 SQUARE FEET, MORE.oR LESS. .' . , P:\Jobs\l26Cot1aro .FllI111S Roa4\Legal Dcscriptions\221l4OO61 Cmo De Oeste RW.doe . Page i of2 LEGAL LOG No. 312 .~~ i I .j I -I 1 -I I - """ , ~ J. . R.L:S. .,p:~i6 <:urt.ro'Farms ~ Descrip1ions\2%I i4000J CmO De Oeste RW.doc . -, LEGAL LOONo. 312 : '. : Page2of2 .~ " "? " I I "I . 30' TO PIMA COUNTY DKT 4474 PC 337 60' 18/35 ROAO !;lAPS & DKT 6163 PG 953 1 (DKT 12576/PG 6202) .0.8. . - ; ~N 89'4cr28;-t~30;00~;'31'15' W 30.00'. I (IlK 2 RM/PG 123) . FND 2-8CSM M;o~T ARO FARMS ROAD _ ":1/4 SE9 21t-~ __ _ _ _. nilit' A-1 ~ I! I "I~ I! i I Ii ~ i m: S 89"28'45- W 15.00. ASSESSORS TAX . PARCEL'~21-14-006K . . OKT 4041/PG 186 ~ ..... . S 00".11 '1S- E 70.08' 01 .~~ultant.e, .LLC :.RF~. Ci SCALE 1."- 10 TOTAL ROW AREA = .6602 SF CORTARl> FARfdSROAO PROPOSED rt/W AQQU1SIl.ON CAMINO D.E OESTE , stUTl IF I