HomeMy WebLinkAboutOrdinance 2006.37 Approving the transfer of property to cortaro marana irrigation district
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F. ANN RODRIGUEZ, RECORDER
RECORDED BY: DG
DEPUTY RECORDER
9999 PEl
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
ORDIN
12956
1642
3
20062450469
12/21/2006
15:44
MAIL
AMOUNT PAID
$ 8.00
MARANA ORDINANCE NO. 2006.37
RELATING TO REAL ESTATE; APPROVING THE TOWN'S TRANSFER TO CORTARO
MARANA IRRIGATION DISTRICT (CMID) OF AN APPROXIMATELY 10,000 SQUARE
FOOT PARCEL OF PROPERTY ADJACENT TO THE SANTA CRUZ RIVER IN
EXCHANGE FOR CMID'S TRANSFER TO THE TOWN OF AN APPROXIMATELY 8,363
SQUARE FOOT PARCEL OF PROPERTY ADJACENT TO THE SANTA CRUZ RIVER;
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATING TO THE
EXCHANGE; AND AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE ANY
OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND
DECLARING AN EMERGENCY.
WHEREAS, the Town of Marana and Pima County Flood Control District are preparing
to construct a flood control levee along the west bank of the Santa Cruz River south of Cortaro
Road known as the Town of Maran a Santa Cruz River Bank Protection, Project 2002-04; and
WHEREAS, the Town of Marana desires to acquire certain land from Cortaro-Marana Ir-
rigation District (CMID), within the limits ofthe project; and
WHEREAS, CMID is willing to trade approximately 8,363 square feet of land within the
project limits to the Town in exchange for approximately 10,000 square feet of Town-owned
land within the nearby District Park Parcel; and
WHEREAS, the properties being exchanged are specifically described and mapped on the
exhibits attached to the "Cortaro-Marana Irrigation District Real Estate Exchange Agreement"
between the Town and CMID (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 ofthe Town of Marana.
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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 ofthe aforementioned Exchange Agreement.
SECTION 4. IT IS FURTHER ORDAINED THAT since it is necessary for the preserva-
tion of the peace, health and safety of the Town of Marana that this ordinance become immedi-
ately effective, an emergency is hereby declared to exist, and this ordinance shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19th day of December, 2006.
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ATTEST:
{00003591.DOC I}
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Exhibit Kto Marana Ordinance No. 2006.37, entitled
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE
CORTARO-MARANA IRRIGATION DISTRICT RELATING TO THE
ACQUISITION OF LAND ALONG SANTA CRUZ RIVER, by and
between the Town of Marana and the Cortaro-Marana Irrigation
District, was recorded separately on December 21, 2006, at Docket
/2 ~\S?/ , Page /t//5/ in the Office of the Pima County
.
Recorder.
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SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
AG
12956
1645
10
20062450470
12/21/2006
15:44
r-
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: DG
DEPUTY RECORDER
9999 PEl
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
MAIL
AMOUNT PAID
$ 10.50
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE CORTARO-
MARANA IRRIGATION DISTRICT RELATING TO THE
ACQUISITION OF LAND ALONG SANTA CRUZ RIVER
THIs AGREEMENT ("Agreement") is made and entered into by and between TIlE TOWN OF
MARANA, an Arizona municipal corporation, (the "Town") and the CORTARO-MARANAIRRIGATION
DISTRICT, a special taxing district of the State of Arizona, ("CMID"). The Town and CMID are
sometimes collectively referred to as the "Parties," and each is sometimes individually referred to
as a "Party."
RECITALS
A The Town and CMID own various properties located along the Santa Cruz River in
Marana.
B. The Town proposes to construct a flood control levee along the west bank of the Santa
Cruz River between Cortaro Road and lna Road.
C. The Town desires to acquire land holdings located within the construction limits of the
proposed flood control levee for purposes of owning and constructing the levee, a public river-
park and related amenities.
D. CMID desires to acquire lands west of the proposed flood control levee for purposes
of owning and constructing a new well site.
E. The Parties desire for the Town to transfer a parcel of property located west of the
proposed flood control levee to CMID in exchange for a parcel of CMID-owned land located
within the construction limits of the proposed flood control levee.
F. The parcels being exchanged are of substantially equal value.
G. The Town is authorized to exchange land pursuant to AR.S. ~ 9-407.
H. CMID is authorized to exchange land pursuant to AR.S. ~ 48-2978(4).
AGREEMENT
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Now, TIlEREFORE, 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. The Parties will complete the following exchange of land not later than
December 30,2006:
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(A) The Town to CMlD. The Town shall convey by Special Warranty to CMID the parcel
particularly described in Exhibit A. Reasonable access will be provided to CMID to the parcel
described in Exhibit A.
(B) CMID to the Town. CMID shall convey by Special Warranty to the Town the parcel
particularly described in Exhibit B.
2. Environmental representations. With respect to the property owned by it and being con-
veyed to the other party pursuant to this Agreement, each party hereby represents and warrants
that, to the best of that Party's knowledge, no pollutants, contaminants, toxic or hazardous sub-
stances, wastes or materials have been stored, used or are located on the property or within any
surface or subsurface waters of the property; 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 threat-
ened with respect to the property.
3. Environmental inspection rights. Each Party shall permit the other to conduct such inspec-
tions of the property as deemed necessary to determine the environmental condition of the prop-
erty. If the investigations reveal contamination that exceeds what is allowed under applicable
environmental laws and regulations, then the Party to whom the property is to be conveyed may
terminate this Agreement.
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
Marana, Arizona 85653-9723
(520) 382-2600
Fax (520) 382-1998 (Fax)
If to CMID:
Cortaro-Marana Irrigation District
12253 W. Grier Rd.
Marana, AZ 85653
(520) 682-3233
(520) 682-3456 (Fax)
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All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as pro-
vided 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
MaranalCMID Santa Cruz River Bank Protection Land Exchange 07/13/06 8:28 AM
-2-
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 re-
fusal to accept.
5. Brokers J commissions andfees. The Town and CMID warrant, each to the other, that there
are no fees or commissions owing to any broker or other person for bringing about the exchange
contemplated by this Agreement. The Party under whom any claim to a broker or finder fee,
commission or other compensation is made in connection with this transaction shall indemnify and
hold harmless the other Party from and against the claim and all costs, attorneys' fees, witness
fees, and other expenses and liabilities incurred in connection with it.
6. Miscellaneous.
(A) This Agreement may not be modified except in a writing signed by the Parties.
(B) Time is of the 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
Agreement, the defaulting party or the party not prevailing in the dispute, as the case may
be, shall pay any and all costs and expenses incurred by the other party in enforcing or es-
tablishing its rights under this Agreement, including, without limitation, court costs and
reasonable attorneys' fees.
(E) The captions and section numbers appearing in this Agreement are inserted only as
a matter of convenience, and do not define, limit, construe or describe the scope or intent
of such sections or articles of this Agreement.
(F) 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.
(G) This Agreement shall be binding upon and insure 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.
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(H) This Agreement is subject to A.R.S. 938-511, which provides for cancellation of
contracts in certain instances involving conflicts of interest.
Marana/CA1ID Santa Cruz River Bank Protection Land Exchange
-3-
07/13/068:28AM
(I) Exhibits referred to in this Agreement are attached to and incorporated by refer-
ence 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:
TOWN OF MARANA, an Arizona municipal
corporation ~
By: ~
Ed Honea, Mayo
Date: { ~ ;' { q / d ~
ATIEST:
MaranalCA1ID Santa Cruz River Bank Protection Land Exchange
-4-
CMID:
CORTARo-MARANA IRRIGATION DISTRICT, a
special taxing district of the state2
BY~~/
Thomas Hum, CMID President ~
Date: / ~ - /r-- it>
William Sullivan, CMID Attorney
07/13/06 8:28AM
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Exhibit A
LEGAL DESCRIPTION ..
COR TARO MARANA IRRIGATION DISTRICT WELL-SlTE
A PORTION OF THE NORTHWEST QUARTER OF THE NORTIIWEST QUARTER
OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT
RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT 1HE SOUTHEAST CORNER OF SAID NORTIlWEST
QUARTER OF THE NORTHWEST QUARTER;
TIlENCE SOUTII 89.28'33" WEST ALONG THE SOUIHERL Y LINE OF SAID
NOR1lIWEST QUARTER OF mE NORTHWEST QUARTER, A DISTANCE OF
153.48 FEBT TO A POINT ON TIm PROPOSFD WESTERLY RIGHr-OF-WAY
LINE OF TIm SANTA CRUZ RIVER PER PIMA COUNTY DEPARTMENT OF
TRANSPORTATION PLAN NUMBER 4FSCID, SAID POINT BEING THE POINT
OF BEGINNING;
lHENCE CONTINUE SOtITH 89028'33" WEST ALONG TIlE SOUTBERL Y LINE
OF SAID NOR1HWEST QUARTER OF THE NORTHWEST QUARTER, A
DISTANCE OF 109.24 FEET;
TIlENCE NORm 33.58'43" WEST DEPARTING SAID SOUTHERLY LINE, A
DISTANCE OF 109.24 FEET;
THENCE NORm 89.28'33" BAST A DISTANCE OF 109.24 FBETTO A POINT ON ..
mE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUlHWEST, A
RADIAL LINE OF SAID CURVE THROUGH SAID POINT,~ V1NG A BEARING
OF NORm 54.44'49" EAST, SAID POINT BEING, ALSO A POINT ON SAID
WESTBRLY RlGHf-OF-W A Y LINE;
nmNCE SOUIlIEASTBRLY ALONG SAID WBSTBRL Y RIGHT-OF-WAY LINE
AND ALONG THE ARC OF SAID CURVE, TO nIB RIGHT, HAVING A RADIUS
OF 2,450.00 FEET, AND A CEN1RAL ANGLE OF 02.33'17" FOR AN ARC
DISTANCE OF 109.2.4 FBHT TO THE POINT OF BEGlNNING.
CONTAlNlNG 0.23 ACRES OR 10,000 SQUARE FHBT, MORE OR LESS.
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EXHIBIT
A PORTION OF THE NORTHWEST QUARTER OF 1HE HOR1HWESTQUARTE8 OF SECTION 35.
TOWNSffP 12 soum. RANGE 12 EAST, G.&S.R.M.. PIMA COUNTY. ARJZONA 0
N.W. eoRNE:f /
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: J-<:> HE COR., N.w, 1/4, .
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I. it' PROPOSED WESTERLY I
I Q . RIGHT-oF-WAY UNE OF '.
THE SANTA CRUZ RIVER
/ I PER P.C.H.D. PROJECT I
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: N.W. 1/4, SEC. 35
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SCALE: 1-=300'
UNE TABLE
NUMBER DIRECTION
L1 " S 89"28'33- W
L2 S 8fr283S- W
I..J N ~58~- W
L4 N 89"2.8'3:r E
CURVE TABLE
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DISTANCE
15J.48' 0
t09.24'
1fJ9.24'
109.24'
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P.o.c., SL .
COR.. NoW. 1/4,
Itlv. 1/4, SEC. :J5
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Exhibit B
LEGAL DESCRIPTION
NEW RIGHT-OF-WAY
TAX PARCEL 226-27-007B
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT
RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35, FROM
WHICH A BCSM IN CASTING AT THE NORTHEAST CORNER OF SECTION 1,
TOWNSHIP 13 SOUTH, RANGE 12 EAST, LIES NORTH 89035'20" EAST, A
DISTANCE OF 58.11 FEET AND FROM WHICH A 3" ADOT ALUMINUM DISC IN
CASTING AT THE SOUTH QUARTER CORNER OF SAID SECTION 35 LIES
SOUTH 89024'18" WEST, A DISTANCE OF 2626.95 FEET;
THENCE SOUTH 89024'18" WEST, ALONG THE SOUTH LINE OF SAID SECTION
35, A DISTANCE OF 626.48 FEET TO THE CONSTRUCTION CENTERLINE OF
THE SANTA CRUZ RIVER BANK PROTECTION PROJECT, TOWN OF MARANA
PROJECT NUMBER 2002-04, PREPARED BY TETRA TECH INC.
THENCE NORTH 00035'42" WEST, ALONG SAID CENTERLINE, A DISTANCE OF
184.40 FEET;
THENCE NORTH 08052'03" EAST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 142.06 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO
THE WEST, HAVING A RADIUS OF 291.77 FEET;
THENCE NORTHERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
CENTERLINE, THROUGH A CENTRAL ANGLE OF 19038'15", AN ARC
DISTANCE OF 100.00 FEET TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE TO THE WEST, HAVING A RADIUS OF 1950.00 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE, AND CONTINUING
ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 48059'38", AN
ARC DISTANCE OF 1667.45 FEET TO THE BEGINNING OF A COMPOUND
CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 640.00 FEET~
THENCE NORTHWESTERLY, ALONG SAID COMPOUND CURVE AND
CONTINUING ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF
19038'47", AN ARC DISTANCE OF 219.45 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
1175.00 FEET~
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THENCE NORTHWESTERLY, ALONG SAID REVERSE CURVE AND
CONTIUING ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF
11036'37", AN ARC DISTANCE OF 238.10 FEET;
THENCE NORTH 67048'00" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 516.72 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 2500.00 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE AND CONTINUING ALONG
SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 05008'18", AN ARC
DISTANCE OF 224.20 FEET TO THE EAST LINE OF THE WEST HALF OF SAID
SECTION 35;
THENCE NORTHWESTERLY, CONUINUING ALONG SAID CURVED
CENTERLINE, THROUGH A CENTRAL ANGLE OF 40009'42", AN ARC
DISTANCE OF 1752.38 FEET;
THENCE NORTH 22030'00" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 442.84 FEET TO THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE NORTH 22030'00" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 62.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO
THE SOUTHWEST, HAVING A RADIUS OF 1315.01 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE AND CONTINUING ALONG
SAID CENTERLINE; THROUGH A CENTRAL ANGLE OF 05020'36", AN ARC
DISTANCE OF 122.64 FEET TO A POINT ON THE NORTH LINE OF THAT
PARCEL DESCRIBED IN DOCKET 1872 AT PAGE 373, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE SOUTH 89028'33" WEST, ALONG SAID NORTH LINE, A DISTANCE OF
26.56 FEET TO THE NORTHWEST CORNER OF SAID PARCEL;
THENCE SOUTH 00053'25" EAST, ALONG THE WEST LINE OF SAID PARCEL, A
DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 89029'33" EAST, ALONG THE SOUTH LINE OF SAID PARCEL,
A DISTANCE OF 100.00 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 00053'25" WEST, ALONG THE EAST LINE OF SAID PARCEL, A
DISTANCE OF 15.57 FEET TO A POINT ON THE ARC OF A NON-TANGENT
CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1344.45 FEET
AND TO WHICH POINT A RADIAL LINE BEARS NORTH 65049'41" EAST;
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THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 03059'31", AN ARC DISTANCE OF 93.67 FEET TO THE NORTH LINE
OF SAID PARCEL;
THENCE SOUTH 89028'33" WEST, ALONG THE NORTH LINE OF SAID PARCEL,
A DISTANCE OF 33.45 FEET TO THE POINT OF BEGINNING.
SAID PORTION CONTAINING 8,363 SQUARE FEET OR 0.192 ACRES, MORE OR
LESS.
MICHAEL L. SCHLOEMAN, R.L.S.
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EXHIBIT
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
35. TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN,
PIMA COUN7Y, ARIZONA
226-27
-0078
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NORTH
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.~ 26-2
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____ """ 01~C -CO/'{STRUCTION CENTERLINE
---... ~ SANTA CBUZ RIVER BANK
~"';-- PROTECTION -fROJECT
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226-32-011N
. P.D.C.
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[--,1 TETRA TECH, INC.
... k='R"'SlRUC1URESou1H~T CROUP
~ N. Ston 15th Floor
rUC8Dn. AZ 8570'1 (520) 623-7$180
226 --32--011 K
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!>>oTE HtN 2003
JOB NO. 3582-8ll23
I
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: C V
DEPUTY RECORDER
1016 PEl
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
~~
MARANA
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PUBLIC WORKS DEPARTMENT
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SCRIVENER'S ERROR
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
AG
MAIL
AMOUNT PAID
12988
2816
13
20070270705
02/08/2007
16:38
$ 12.00
The attached Agreement between the Town of Marana and the Cortaro-Marana Irrigation District
relating to the Acquisition of Land along Santa Cruz River, originally recorded in the office of the
Pima County Recorder on December 21,2006, in Docket 12956, beginning on Pages 1645, is being
re-recorded to correct the legal description described in Exhibit B.
Page 1 of 1
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Exhibitkto Marana Ordinance No. 2006.37, entitled
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE
CORTARO-MARANA IRRIGATION DISTRICT RELATING TO THE
ACQUISITION OF LAND ALONG SANTA CRUZ RIVER, by and
between the Town of Marana and the Cortaro-Marana Irrigation
District, was recorded separately on December 21, 2006, at Docket
)2 ~s~t , Page /t//s/ in the Office of the Pima County
.
Recorder.
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DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
12956
1645
10
20062450470
12/21/2006
15:44
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: DG
DEPUTY RECORDER
9999 PEl
MAIL
AMOUNT PAID
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
AG
$ 10.50
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE CORTARO-
MARANA IRRIGATION DISTRICT RELATING TO THE
ACQUISITION OF LAND ALONG SANTA CRUZ RIVER
THIs AGREEMENT ("Agreement") is made and entered into by and between lEE TOWN OF
MARANA, an Arizona municipal corporation, (the "Town") and the CORTARO-MARANAlRRIGATION
DISTRICT, a special taxing district of the State of Arizona, ("CMID"). The Town and CMID are
sometimes collectively referred to as the "Parties," and each is sometimes individually referred to
as a "Party."
RECITALS
A The Town and CMID own various properties located along the Santa Cruz River in
Marana.
B. The Town proposes to construct a flood control levee along the west bank of the Santa
Cruz River between Cortaro Road and Ina Road.
C. The Town desires to acquire land holdings located within the construction limits of the
proposed flood control levee for purposes of owning and constructing the levee, a public river-
park and related amenities.
D. CMID desires to acquire lands west of the proposed flood control levee for purposes
of owning and constructing a new well site.
E. The Parties desire for the Town to transfer a parcel of property located west of the
proposed flood control levee to CMID in exchange for a parcel of CMID-owned land located
within the construction limits of the proposed flood control levee.
F. The parcels being exchanged are of substantially equal value.
G. The Town is authorized to exchange land pursuant to AR.S. ~ 9-407.
H. CMID is authorized to exchange land pursuant to AR.S. ~ 48-2978(4).
AGREEMENT
Now, lEEREFORE, 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. The Parties will complete the following exchange of land not later than
December 30, 2006:
MaranalCMID Santa Cruz River Bank Protection Land Exchange
--1--
07/13/068:28AM
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(A) The Town to CMID. The Town shall convey by Special Warranty to CMID the parcel
particularly described in Exhibit A. Reasonable access will be provided to CMID to the parcel
described in Exhibit A.
(B) CMID to the Town. CMID shall convey by Special Warranty to the Town the parcel
particularly described in Exhibit B.
2. Environmental representations. With respect to the property owned by it and being con-
veyed to the other party pursuant to this Agreement, each party hereby represents and warrants
that, to the best of that Party's knowledge, no pollutants, contaminants, toxic or hazardous sub-
stances, wastes or materials have been stored, used or are located on the property or within any
surface or subsurface waters of the property; 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 threat-
ened with respect to the property.
3. Environmental inspection rights. Each Party shall permit the other to conduct such inspec-
tions of the property as deemed necessary to determine the environmental condition of the prop-
erty. If the investigations reveal contamination that exceeds what is allowed under applicable
environmental laws and regulations, then the Party to whom the property is to be conveyed may
terminate this Agreement.
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
Marana, Arizona 85653-9723
(520) 382-2600
Fax (520) 382-1998 (Fax)
If to CMID:
Cortaro-Marana Irrigation District
12253 W. Grier Rd.
Marana, AZ 85653
(520) 682-3233
(520) 682-3456 (Fax)
All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as pro-
vided 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
MaranalCMID Santa Cruz River Bank Protection Land Exchange 07/13/06 8:28 AM
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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 re-
fusal to accept.
5. Brokers' commissions andfees. The Town and CMID warrant, each to the other, that there
are no fees or commissions owing to any broker or other person for bringing about the exchange
contemplated by this Agreement. The Party under whom any claim to a broker or finder fee,
commission or other compensation is made in connection with this transaction shall indemnify and
hold harmless the other Party from and against the claim and all costs, attorneys' fees, witness
fees, and other expenses and liabilities incurred in connection with it.
6. Miscellaneous.
(A) This Agreement may not be modified except in a writing signed by the Parties.
(B) Time is of the 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.
(0) 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
Agreement, the defaulting party or the party not prevailing in the dispute, as the case may
be, shall pay any and all costs and expenses incurred by the other party in enforcing or es-
tablishing its rights under this Agreement, including, without limitation, court costs and
reasonable attorneys' fees.
(E) The captions and section numbers appearing in this Agreement are inserted only as
a matter of convenience, and do not define, limit, construe or describe the scope or intent
of such sections or articles of this Agreement.
(F) 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.
(G) This Agreement shall be binding upon and insure 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.
(H) This Agreement is subject to A.R.S. ~ 38-511, which provides for cancellation of
contracts in certain instances involving conflicts of interest.
Marana/CMID Santa Cruz River Bank Protection Land Exchange
-3-
07/13/06 8:28AM
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(I) Exhibits referred to in this Agreement are attached to and incorporated by refer-
ence 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:
TOWN OF MARANA, an Arizona municipal
corporation ~
By:
Ed Honea, Mayo ~
Date: { ~ ,.. I q /" tI ~
ATIEST:
MaranalCMID Santa Cruz River Bank Protection Land Exchange
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CMID:
CORTARo-MARANA IRRIGATION DISlRICT, a
special taxing district ofthe state2
BY~~
Thomas Hum, CMID President ~
Date: / / - /r.-- ~
William Sullivan, CMID Attorney
07/13/06 8:28AM
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Exhibit A
LEGAL DESCRIPTION -
COR TARO MARANA IRRIGATION DISTRICT WELL-SITE
A PORTION OF THE NORTHWEST QUARTER OF TIIE NORTIIWEST QUARTER
OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT
RIVERMBRIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT TIm SOUTIiEAST CORNER OF SAID NORTHWEST
QUARTER OF 1BE NORTHWEST QUARTER;
THENCE SOUTII 89"28'3311 WEST ALONG 1HE SOUTHERLY LINE OF SAID
NOR1lIWEST QUARTER OF nIB NORTIlWEST QUAR~ A DISTANCE OF
153.48 FEET TO A POINT ON mE PROPOSED WESTERLY RlOHT..QF-WAY
LINE OF THE SANTA CRUZ RIVER PER PIMA COUNTY DEPARTMENT OF
tRANSPORTATION PLAN NUMBER 4FSCID, SAID POINT BElNG THE POINT
OF BEGINNING;
lHENCE CONTINUE SOUTH 89"28'33" WEST ALONG TIm SOUTHERLY LINE
OF SAID NOR'IHWBST QUARTER OF THE NORTHWEST QUARTER, A
DISTANCE OF 109.24 FEET;
TIlENCE NORm 33.58'43" WEST DEPARTING SAID SOU1HERLY Lna A
DISTANCE OF 109.24 FEET;
nmNCE NORTH 89.28'33" BAST A DISTANCE OF 109.24 FBETTO A POINT ON -
mE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTIlWE8T, A
RADIAL LINE OF SAID CURVE'IBROUGH SAID POINT.I{~ VING A BEARING
OF NORm: 54"44'49" EAST, SAID POINT BEING. ALSO A POINT ON SAID
WESTERLY RIOIIT-OP-W A Y LINE;
TIlENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE
AND ALONG THE ARC OF SAID CURVE, TO nIB RIGHT, HA VlNG A RADRJS
OF 2,450.00 FEBT, AND A CENTRAL ANGLE OF 02.33'17" FOR ,AN ARC
DISTANCE OF 109.24 FEET TO mE POINT OF BEGINNING.
CONTAlNING 0.23 ACRES OR 10,000 SQUARE FEET, MORE OR LESS.
MICHAEL L. SCHLOBMAN, R.L.S.
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EXHIBIT
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWESTQUARTE8 OF SECTION 35.
TOWNSHIP 12 soum. RANGE 12 EAST, G.&S.R.M., PIMA COUNTY. ARIZONA -
N.W. ~ /
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: N.W. 1/4. SEC. 35
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UNE TABLE
NUMBER DIRECTION
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109.14'
109.24'
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CURVE TABLE
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ILlY. 1/4,SEC. :55
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Exhibit B
O\D
LEGAL DESCRIPTI<\N I
NEW RIGHT-OF-WAN
TAX PARCEL 226-27-007B
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 35, TOWNSmp 12 SOUTH, RANGE 12 EAST, GILA AND SALT
RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35, FROM
WHICH A BCSM IN CASTING AT THE NORTHEAST CORNER OF SECTION 1,
TOWNSHIP 13 SOUTH, RANGE 12 EAST, LIES NORTH 89035'20" EAST, A
DISTANCE OF 58.11 FEET AND FROM WmCH A 3" ADOT ALUMINUM DISC IN
CASTING AT THE SOUTH QUARTER CORNER OF SAID SECTION 35 LIES
SOUTH 89024'18" WEST, A DISTANCE OF 2626.95 FEET;
THENCE SOUTH 89024'18" WEST, ALONG THE SOUTH LINE OF SAID SECTION
35, A DISTANCE OF 626.48 FEET TO THE CONSTRUCTION CENTERLINE OF
THE SANTA CRUZ RIVER BANK PROTECTION PROJECT, TOWN OF MARANA
PROJECT NUMBER 2002-04, PREPARED BY TETRA TECH INC.
THENCE NORTH 00035'42" WEST, ALONG SAID CENTERLINE, A DISTANCE OF
184.40 FEET;
THENCE NORTH 08052'03" EAST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 142.06 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO
THE WEST, HAVING A RADIUS OF 291.77 FEET;
THENCE NORTHERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
CENTERLINE, THROUGH A CENTRAL ANGLE OF 19038'15", AN ARC
DISTANCE OF 100.00 FEET TO THE BEGINNING OF A COMPOUND CURVE,
CONCAVE TO THE WEST, HAVING A RADIUS OF 1950.00 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE, AND CONTINUING
ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 48059'38", AN
ARC DISTANCE OF 1667.45 FEET TO THE BEGINNING OF A COMPOUND
CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 640.00 FEET;
THENCE NORTHWESTERLY, ALONG SAID COMPOUND CURVE AND
CONTINUING ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF
19038'47", AN ARC DISTANCE OF 219.45 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
1175.00 FEET;
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THENCE NORTHWESTERLY, ALONG SAID REVERSE CURVE AND
CONTIUING ALONG SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF
11036'37", AN ARC DISTANCE OF 238.10 FEET;
THENCE NORTH 67048'00" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 516.72 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 2500.00 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE AND CONTINUING ALONG
SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 05008' 18", AN ARC
DISTANCE OF 224.20 FEET TO THE EAST LINE OF THE WEST HALF OF SAID
SECTION 35;
THENCE NORTHWESTERLY, CONUINUING ALONG SAID CURVED
CENTERLINE, THROUGH A CENTRAL ANGLE OF 40009'42", AN ARC
DISTANCE OF 1752.38 FEET;
THENCE NORTH 22030'00" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 442.84 FEET TO THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE NORTH 22030'00" WEST, CONTINUING ALONG SAID CENTERLINE, A
DISTANCE OF 62.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO
THE SOUTHWEST, HAVING A RADIUS OF 1315.01 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE AND CONTINUING ALONG
SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 05020'36", AN ARC
DISTANCE OF 122.64 FEET TO A POINT ON THE NORTH LINE OF THAT
PARCEL DESCRIBED IN DOCKET 1872 AT PAGE 373, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE SOUTH 00053'25" EAST, ALONG THE WEST LINE OF SAID PARCEL, A
DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER THEREOF;
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THENCE SOUTH 89028'33" WEST, ALONG SAID NORTH LINE, A DISTANCE OF
26.56 FEET TO THE NORTHWEST CORNER OF SAID PARCEL;
THENCE NORTH 89029'33" EAST, ALONG THE SOUTH LINE OF SAID PARCEL,
A DISTANCE OF 100.00 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 00053 '25" WEST, ALONG THE EAST LINE OF SAID PARCEL, A
DISTANCE OF 15.57 FEET TO A POINT ON THE ARC OF A NON-TANGENT
CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1344.45 FEET
AND TO WHICH POINT A RADIAL LINE BEARS NORTH 65049'41" EAST;
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THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 03059'31", AN ARC DISTANCE OF 93.67 FEET TO THE NORTH LINE
OF SAID PARCEL;
THENCE SOUTH 89028'33" WEST, ALONG THE NORTH LINE OF SAID PARCEL,
A DISTANCE OF 33.45 FEET TO THE POINT OF BEGINNING.
SAID PORTION CONTAINING 8,363 SQUARE FEET OR 0.192 ACRES, MORE OR
LESS.
MICHAEL L. SCHLOEMAN, R.L.S.
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EXHIBIT
A PORnON OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
35, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN,
PIMA COUNTY, ARIZONA
226-27
-0078
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File No.: 01326091
Exhibit B
That portion of the North half of the Northwest quarter of Section 35, Township 12 ",.
South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,
Arizona, described as follows:
Beginning at the Southeast corner of the Northwest quarter of the Northwest
quarter of said Section 35;
THENCE West along the South line of the Northwest quarter of the Northwest
quarter, 100 feet;
THENCE North parallel with the East line of the Northwest quarter of the
Northwest quarter, 100 feet;
THENCE East parallel with the South line of the Northwest quarter of the
Northwest quarter, 100 feet to a point on the East line of the Northwest quarter of
the Northwest quarter;
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