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Home My WebLink About08/01/2006 Blue Sheet Acquisition Agreement with Elliott TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 1, 2006 AGENDA ITEM: I. 6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: 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. DISCUSSION Historv: On May 3, 2005, the Mayor and Council approved Resolution No. 2005-52, authorizing the acquisition by negotiation or condemnation lands and property rights needed for the above referenced project. Location: This property is located at 5000 W. Cortaro Farms Road, Tucson, Arizona 85742, at the Northwest corner ofthe Cortaro Farms Road and Camino de Oeste Intersection. Back2round: The parcel owned by William Thomas Elliott & Sandra D. Elliott, as Trustees of the William Thomas and Sandra D. Elliott Living Trust, dated June 10, 1994 is an 8.79 acre parcel with R- 144 zoning improved with a single family residence, horse facilities and native vegetation. The acquisition of 6,602 square feet of public rights-of-way along the western edge of Camino de Oeste is necessary for the project. The appraised value of the public rights-of-way as established by Baker, Peterson, Baker & Associates is $7,500.00. A negotiated settlement of $15,717.00 plus closing costs was reached based on local real estate listings of what the Elliotts contend are similar properties. The negotiated settlement is not a representation of the Town's appraiser's opinion of the market value of the needed land however; the additional $8,271.00 is significantly less than the cost of acquiring the necessary rights-of-way through a condemnation action. Resolution 2006-117 (Cortaro Farms Road) MMF:KT Page 1 of2 RECOMMENDATION Staff recommends approving and authorizing the Assistant Director of Public Works to execute the 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. SUGGESTED MOTION I move to adopt Resolution 2006-117. Resolution 2006-117 (Cortaro Farms Road Admin-Elliott) Page 2 of2 MMFlKT 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 1 st day of August, 2006. Mayor Ed Honea APPROVED AS TO FORM: ATTEST: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk Resolution 2006-xx (Cortaro Farms Admin-Elliott) 7/26/20064:30:17 PM MF:KT Page 1 of 1 ~~ MA.Rt\I\JA "...,.......'.....,....~................. .'.Ao;...............~..............'...,/.~..................... ...j....'\..... '.'....... ~....'....d........ PUBLIC WORKS DEPARTMENT ACQUISITION AGREEMENT This Agreement is made by and between William Thomas Elliott and Sandra D. 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 Recorder's 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 "An and shown on Exhibit II 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 II Acquisition Amount") subject to 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 Owner's entire parcel which are attributable to the Acquisition. Marana Mayor and Council Approval: I Resolution No.: 2006- . Dated: S 25..fTj2.SJR12E 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:\99.076. Cortaro Farms UPRR to E TownIRighl-of-WaylAcquisiUonsIEllioUlPartial Take Acquisition Agreement (EIlioU) OB2306.DOC Revised 03/21/05 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 potential liability, if 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 thatthere are no oral or written leases on all oranyportian ofthe 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 ofthe 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..lT12S IR12E I C.Q.RTARO FARMS RD. UPRR TO STARRGRASS Proiect No. 99-076 Parcel No. 221-14-006J I Camino de Oeste Acquisition Agreement from ELLIOTT TRUST Page 2 of 4 X:~76 Cortaro Farms UPRR to E TownIRight-of-Way\AcquisitionslEllio!t\Partial Take Acquisition Agreement (Elliott) 062306.DOC Revised 03/21/05 FC:MF 15. ! 16. I r 17. I i ! ! t I 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. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. 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 ~l~~,r(M ~t.JO -, 'eM:-11r~ . William omas Elliott, Trus ee Kevin Thornton, P.E. Assistant Director of Public Works ~ (J Dare: .. ~AJ- N. ~TTCI? Attest: Sandra D. Elliott, Trustee Town Clerk Approved as to form: Town Attorney Marana Mayor and CQuncil Approval: I Resolution No.: 2006- . Dated: S 25 fT12S IRm I CORTARO FARMS RD. UPRR TO STARRGRAS~roiect No. 99-076 Parcel No. 221-14-006J I Camino de Oeste Acquisition Agreement from ELLIOTT TRUST Page 3 of 4 X:\99..(J76 Cortaro Farms UPRR 10 E Tov.nlRight-of.WaylAcquisitionsIElliottlPar1ial Take Acquisition Agreemenl (8iiott) 062306.DOC - Revised 03121/05 FC:MF I i I , I I ! f f I STATE OF Arizona .) )ss. County of Pima ) instrument was acknowledged before me this ~ day of , 20~ by William Thomas Elliott, as Trustees of The William ra D. Elliott Living Trust, dated June 10, 1994. Thoma In witness whereof, I hav~ set my haM and official seal. My commission expires: \c - \ - ~ ~ ~ f . 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 C, 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-'\ - ~ ~~{ NOTARY PUBLIC STATE OF ARIZONA Pima County BARBARA E. GU:NN My Com." Expires 06-01-2007 ~ ~.~ .. ~~~-,. . Notary Public Marana Mayor and Council Approval: I Resoll/tion No.: 2006- . Dated: S 25 fT.12~1R12E 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 4 of 4 X:\99-o76 Cortaro Fsnns UPRR to E Town\RJght-of-WaylAcqulsftlooslElliolt\Partlal Take Acqulsl~on Agreement (Elliott) 062306.DOC Revised 03/21/05 FC:MF , i I I -I I -I I I I i I , I I I ! I I - - DlIBJT A .- - - . . LEGAL DESCRIPTION PROPOSED RIW ACQUISiTION - CAMINO DE OESTE COR TARO FARMS ROAD - U.P.R.R. TO STAR GRASS DRIVE - ASSESSORS TAX PARCEL 221-:1+OO6K A P.oRTI.oN .oF THE S.oUTHEAST QUARTER-.oF,'Tim S.oUTHEAST QUARTER - .oF THE N.oRTHWEST QUARTER .oF SECTION 25, T.oWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA C.oUNTY, , ARIZ.oNA, AS RBC.o~ED IN DOCKET 4041 AT PAGE 186, RECORDS OF piMA COUNTY, ARIZONA, MORE PARTIClJLA.RI" Y DESCRIBED AS F.oLLOWS: - COMMENCING AT THE SOUTHEAST C.oRNER .oF ~AID SOutHEAsT 'QUARTER .oF THE S.oUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTI.oN 25; '-- THENCE N.oRTH 00'31'15" WEST ALONG THE EAST LINE THEREOF, 30.00 FEET T.o THE INTERSECTION OF rim NORm RIGHT OF WAY LINE .oF CORTARO FARMS ROAD-AS RECORDED IN BOOK 2 OF R.oAD MAPs AT PAGE 123, AND THE WEST RIGHT OF WAY LINE OF. CAMINO DE OESTE AS RECORDED IN D()CJ{E'r 6163 AT PAGE 953 AND BOOK 18 OF ROAD MAPS AT PAGE 35, - RECORDS .oF PIMA COUNTY, ARIZONA, AND THE P.oINT OF BEGINNING; 'THENCE CONTINUE NORm 00031'15" WEST ALONG SAID WEST LINE OF , CAMINO DE .oESTE, 370.10 FEET; ~NCE LEAVING SAID WEST LINE, S.oUTH 8~8'46" WEST, 15.00 FEET; THENCE S.oU'IH 00'31'15" EAST ALONG A LINE 15~OO FEET WEST .oF AND PARALLEL Wl11I SAID WEST LINE OF CAMINO DE .oESTE, 299.91 FEET; , . THENCE S.oUTH 8~8' 46" WEST, 15.00 FEET; THENCE S.oUTH 00031 'IS" BAST ALONG A IDlE 30.00 FEET WEST .oF AND - PARALLEL WITH SAID WEST LINE .oF CAMINO DB .oESTE, 70.08 FEET, TO THE' NORTH RIGHT OF WAY LINE OF SAID CORTAR.oFARMS ROAD; - TIlENCE NORTH 8~40'28" EAST ALONG SAID NORm LINE, 30.00 PEET TO, THE WEST RIGHT-OF-WAY LINE .oF SAID CAMINQ DE OBSTE, AND THE - 'POINT .oF BEGINNlNG. CONTAINING 6,602 SQUARE FEET, M.oRE ,OR LESS. " P:\1obs\l26CortaroFanns Road\Legal Dcscriplions\22114OO61 Cmo De Oeste RW.doc - Page 1 of2 _ LEGAL LOG No. 312 ~ ~~'\)~ I "1 t R.LS. 1. ,P:\1ob$\~26CoiwoFanns Road\Legal Descrip1ions\221i4OO6iJCrm De Ocslc RW.doc . Page2of2. LEGAL LOG No. 312 ~ .t,) " "? I j 1 I I 'I I I I I 'f f l f t J I a.Jr ~ ~ I~ I 'I~ I! ~ I l:!11 :f ~ ~ f~ .:;:1 ~ bl SCALE 11#_ 100 m: S 89"28'45" W t5.00, ASSESSORS TAX , PARCEL 1121-14-006K . DKT 4041/PG 186 '. 30' TO PIMA COUNTY OKT 4474 PC 3.37 60' 18/35 ROAD MAPS &: DKT 6163 PC 953 S 89"28'45" W 15.00' . 1 (DKT 12576/PG 6202) .~ .0.8. - ; .,... N 89040'28-: E -30:,O.~OO'3t't5' W 30.00' I (IlK 2 RMlPG 123) FND 2-SCSM MKO~ncORT ARO F A'RMS' ROAD . _ ":1/4 SE(; ~..~ _ _ S 00.31 '15M E 70.08' .J II . '.CPE '~f:tante, .LLC :L~_~nll '1ZO.64$.1OIft' . ~ TOTAL ROW AREA =6602 SF CORTARO FARMS ROAD PROPOSED R/W ACQUfSrr.O" CAMINO DE OESTE stEET1EFl