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HomeMy WebLinkAboutResolution 2015-011 Approving Home Plate easement exchange agreementMARANA RESOLUTION NO. 2015 -011 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE HOME PLATE EASEMENT EXCHANGE AGREEMENT WITH B AND J SPORTS, LLC, FOR THE EXCHANGE OF EASEMENTS ON PROPERTY LOCATED ABOUT Soo FEET EAST OF THE INTERSECrriON OF SILVERBELL AND CONTINENTAL RESERVE LOOPICOACHLINE BOULEVARD WHEREAS BAND J SPORTS, LLC, owns an improved parcel of land consisting of approximately two acres and a restaurant /commercial building located on the south side of Silverbell Road, about Soo feet east of its intersection with Continental Reserve Loop /Coachline Boulevard (the "Home Plate Parcel "); and WHEREAS the Home Plate Parcel is burdened by a perpetual access easement and an existing water and pipeline easement granted to and held by the Town; and WHEREAS B AND J SPORTS has requested the Town to grant partial releases of the existing access easement and water and pipeline easement to accommodate its development of the Home Plate commercial enterprise on the Home Plate Parcel; and WHEREAS the Town needs a new public waterline and pipeline easement across the Home Plate Parcel as part of its overall system needs; and WHEREAS the Town and B AND J SPORTS are willing to exchange the easement rights in accordance with the Home Plate Easement Exchange Agreement; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into the Home Plate Easement Exchange Agreement. NOW, TIIEREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE TOWN OF MARANA, that the Home Plate Easement Exchange Agreement attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. �000407 l 5 .DOCx /1 Resolution No. 2015-011 - - 1/9/2015 2:19 PM TJC PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 20"' da of Januar 2015. ATTEST: ocel ronson, Town Clerk Ma rd Ho ea �00040715DOCX /I Resolution No. 2015-011 - 2 - 1/9/2015 2:19 I'M FJC APPROVED AS TO FORM: F. ANN RODRIGUEZ, RECORDER Recorded By: KSH DEPUTY RECORDER 4934 SMARA TOWN OF MARANA PICKUP '""�or_PIIf7 I II�II� III�� �II�I VIII ��III ��III I�III VIII ����I II�II IIII� III�I IIII III SEQUENCE: 20150230156, NO. PAGES: 12 �.'� AG 01/23/2015 RIZV� 10:54 PICK UP AMOUNT PAID: $10.50 HomE PLATE EASEMENT EXCHANGE AGREEMENT (Town of Marana, Arizona) THis AGREEMENT ( "Agreement ") is made and entered into by and between THE TOWN of MARANA, an Arizona municipal corporation (the "Town "), and B AND J SPORTS, LLC, an Arizona limited liability company ("B&F). The Town and B &J are sometimes collectively referred to as the "Parties,'.' each of which is sometimes individually referred to as a "Party." 4 RECITALS A. B &J owns an improved parcel of land consisting of approximately two acres and a restau- rant/commercial building located on the south side of Silverbell Road, about 500 feet east of its 4 intersection with Continental Reserve Loop /Coachline Boulevard, Pima County Assessor's Parcel Number 221-21-004F, legally described in Exhibit A to the Special warranty Deed rec- orded in the office of the Pima County Recorder on December 23, 2014 at Sequence 20143570787 (the ".Hone Plate Parcel "). B. The Dome Plate Parcel is burdened by a perpetual access easement recorded in the Pima County Recorder's office on November 1, 2007 at Docket 13173, Page 1603, Sequence 20072120348 (the "Access Easement ") and an existing water and pipeline easement recorded in the Pima County Recorder's office on August 30, Zoo? at Docket 13130, Page 3690, - Sequence 20071690729 (the "Existing water & Pipeline Easement "). C. The Access .Easement and the Existing water & Pipeline Easement were granted to, and are held by, the Town. D. To accommodate its use and further development of the Home Plate Parcel, B &J has re- quested the Town to grant partial releases of the Access Easement and the Existing water & Pipeline Easement. E. Unrelated to the further developmept of the Home Plate Parcel, the Town has determined that it needs a new public waterline and pipeline easement (the "New water & Pipeline Ease- ment ") across the Home Plate Parcel as described in Exhibit A and depicted in Exhibit B at- tached to and incorporated by this reference in this Agreement. F. B &J is willing to grant the New water & Pipeline Easement to the Town in exchange for the partial releases of the Access Easement and the Existing water & Pipeline Easement as described in detail below and the other terms of this Agreement. G. The Town is willing to grant partial releases of the Access Easement and the Existing Wa- ter & Pipeline Easement as described in detail below in exchange for the New water & Pipeline Easement and the other terms of this Agreement. AGREEMENT Now, rMEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: (00040710, DOCX 1 } 1/9/2015 5 :18 PM TOWN CST MARANA /B AND J S PORTS -1 PLA EAS13MEN1 EXCHANGE A GIZELMLN'r -1 - 1. Exchange of casements. No later than March 1, 2015, the Parties will complete the follow- ing exchange: (A) Town to B&J. The Town, acting through its crown Engineer, shall execute one or more instruments prepared and/or approved as to form by the Marana Town Attorney releas- ing the following: (i) That portion of the Access Easement legally described in Exhibit C and depicted in Exhibit D attached to and incorporated by this reference in this Agreement. (ii) That portion of the Existing Water & Pipeline Easement legally described in Ex- hibit E and depicted in Exhibit F attached to and incorporated by this reference in this Agreement. (B) B&J to Town. B &J shall execute one or more instruments prepared and/or approved as to form by the Marana Town Attorney granting the New water & Pipeline Easement to the Town. 2. Recording. The instruments referred to in paragraph 1 above shall be simultaneously rec- orded in the office of the Pima County Recorder at the Town's cost, if any. 3. Waiver of certain Town fees. The Town shall waive its customary fees for title review, abandonment, release, development agreement preparation, Council action, and any other fee that would normally be required for the release of easements. This paragraph does not apply to other Town fees associated with construction and development of the Home Plate Parcel, such as any applicable building code fees, development fees, water and sewer connection fees, etc. (if any), all of which are not waived by this paragraph. 4. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) 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. (C) if either Party 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 pay any and all costs and expenses incurred by the other party in enforcing or estab- lishing its rights under this Agreement, including, without limitation, court costs and rea- sonable attorneys' fees. (D) 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. (E) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (F) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. { 00040710. DOCX 1} 1/9/2015 5:18 PM TOWN O MARANA /B AND J St'ou'r' HoMI_ PLATE EASEWEM EXCHANGE AGREEMENT -2- IN WITNESS WHEREOF, the Parties hereto have executed this A as of the last date set forth below their respective si THE "TOWN": H06-04a TOWN OF MARANA, an Arizona municipal B AND J SPORTS, C an Arizona limited corporation liabilit coi pan) B B Ed(Hone'a', Ma Date: B ATTEST: cel V.ronson, Town Clerk APPROVED AS To FORM'. RiclJ James, `e;mt Denise Bor Member Date: 1 ,12 112 Z*21% — OFFICIAL SE THERHA Fr.,&;.1,T"--R k Cass' own Attor y 110TARY PUCL1C.AF%1'1GK, WA PIMA COUNT) State of Arizona 51 Comm. Exp, Sept. 1 '41 ss Count of Pima The fore instrument was acknowled before me on I I it. expi 5- b Rick James, Member of B AND J SPORTS, LLC, an Arizona limited liabilit mp Y, n behalf of the LLC. (Seal) i n otar Public q wmr_.�_ ww or WWI 0 F L S­cE. A N011ARY PUCSLIC-ARIZO)4A State of Arizona PIMA COUNTY ss 19, * AL My Comm. Exp. Sept, 11, 201.8 Count of Pima The fore instrument was acknowled before me on 1 120 r � b Denise 1 Bor Member of B AND J SPORTS, LLC, an Arizona limited liabilit compan on behalf of the LLC. (Seal) Notar Public (000407 10. DOCX /) 1/9/2015 5:18 PM TOWN OF MARANA/13 AND J SPORTS HOME PLATE EASEMENT EXCHANGE AGREEMENT -3- LIST OF EXHIBITS Exhibit A Legal Description of the New Water & Pipeline Easement to be granted by B &r to the Town Exhibit B Depiction of the New Water & Pipeline Easement to be granted by B &1 to the Town Exhibit C Legal Description of the portion of the Access Easement to be released by the Town Exhibit D Depiction of the portion of the Access Easement to be released by the Town Exhibit E Legal Description of the portion of the Existing Water & Pipeline Easement to be released by the Town Exhibit F Depiction of the portion of the Existing Water & Pipeline Easement to be released by the Town � 00040710. D OCX l 1 11912015 5:18 PM TOWN OF MARANAIB AND 1 SPOii H OME PLA'r }; EASEMEN E XCHANGE AGREE MENT -4- R 13LARIS 3528 N FLOWING WELLS RD AN TUCSON, ARIZONA 85705 SURVE YING, L L C T E L: 5 2 0- 3 2 2 - 6 4 0 0 FAX: 520 - 322 -6401 LEGAL DESCRIPTION —Job No. 14146 November 5, 2014 EX CLUSIVE PUBLIC WATERLINE &PIPELINE EASEMENT: An Exclusive Public Waterline & Pipeline Easement over a portion of Parcel "A" per Book 48 at Page 71 of Surveys, Pima county Records, as described in locket 12571 at Page 5959, Pima county Records, located in the Northeast quarter of Section 28, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima county, Arizona, being more particularly described as follows: Beginning at the Southwest corner of said Parcel "A "; Thence South 58 0 41'11 "East 28.84 feet upon the Southwest line of said Parcel "A "; Thence North 10 0 00'08 "East 131.39 feet to the Northeast line of said Parcel "A ", to the Southwest right -of -way of Silverbell Road, to a non - tangent curve, turning to the right, concave to the North, from which the radius point bears North 15 East at 10,100.00 feet distant; Thence Northwesterly upon said curve, upon the Northeast line of said Parcel "A ", upon the Southwest right -of -way of Silverbell Road, through a delta angle of 0008,33 if and an arc length of 25.13 feet to the Northwest corner of said Parcel "A "; Thence South 10 0 00'05" West 124.21 feet upon the West line of said Parcel "A" to the Point of Beginning. Area of said easement contains 3,194.8 square feet or 0.07 acres, more or less. \f ICA 35543 " 0 TODD A. ; HOUT EXPIRES 12 -31-15 EXHIBIT A TO HOME PLATE EASEMENT EXCHANGE AGREEMENT Cl R 1 DD.DD' o ❑�-DD 45 52 �� 4 4 � B i 8 J L = 134.75 i D SRI G "J � � � DD.DD � Q S ■ f if V t7 N 1511 1D E 9 � N � 5 48 2� E 4y A � � k� PC v (RADIAL) &k 4 9 496 p 562 ► �� 7 ' 534 ' SU &V 1 00.00' c� Q --� NEW WATER �� �► LINE EASEM ENT X4 '4 � C.0 AREA=3,1 X4.8 S.F. m . 65 2" ALU M. CAP CURVE RADIUS DELTA ANGLE ARC LENGTH "RLS 12122" C 1 10100.00" 908'33" 8'33" 25.13' C 7 POINT OF BEGINNING LINE BEARING DISTANCE L1 S 58`41'1 1" E 26.84' L2 N 10`00'06" E 131.39' L3 S 1 D'OD'06" W 124.21' SOUTHWEST S CORNER S8Q PARCEL "A" � qA � 1�,, 4% ti �I�j 22 \ �8,q `� , �;At A7 3 5- 5 43 0 o —1110 C) D A. HOU I 0 GRAPHIC SCALE 1 Inch = 60 Feet �F `l �`\ � rl 15 o 30 so Aso Q 0N, L•`'�% F OLARIS EXPIRES 12 -31 -15 D POLARIS JOB NO. 14146 DATE: NOV. 5 SURVEYING, LLC EXHIBIT OF AN EXCLUSIVE PUBLIC WATERLINE & PIPELINE 3528 N. FLOWING WELLS RD. EASEMENT OVER A PORTION OF THE PARCEL DESCRIBED IN TUCSON ARIZONA 85705 DOCKET 12571 PAGE 5959, LOCATED IN THE N.F. 114 OF SECT /ON TEL.: (520) 322 -6400 � FAX: (520) 322 -6401 28, T. 12 S., R. 12 E., G. & S. R. M., PIMA COUNTY, ARIZONA OLARIS 3528 N FLOWING WELLS RD TUCSON, ARIZONA 85705 SURVEYING, DLLC TEL: 520 - 322 -6400 FAX: 520 - 322 -6401 LEGAL DESCRIPTION —Job No. 14146 November 5, 2014 PARTIAL ABANDONMENT OF PUBLIC ACCESS EASEMENT: The abandonment of a portion of a Public Access Easement described in Docket 13173 at Page 1503, Pima county Records, over a portion of Parcel "A" per Book 45 at Page 71 of Surveys, Pima County Records, as described in Docket 12571 at Page 5959, Pima county Records, located in the Northeast quarter of Section 28, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A "; Thence North 10 °00'06" East 54.54 feet upon the Northwest line of said Parcel "A" to the most Westerly point of said existing Access Easement described in Docket 13173 at Page 1603, Pima county Records; Thence South 74 °45'12" East 20.00 feet upon the Southwest line of said existing easement to a curve, turning to the right, concave to the Southwest, with a radius of 4.50' feet; Thence Southerly upon said curve, through a delta angle of 84 0 45'18" and an arc length of 5.65 feet to the Point of Beginning of said abandonment area; Thence South 10 0 00'05" West 48.28 feet to a non - tangent curve, turning to the right, concave to the West, from which the radius point bears South 22' West 2.00 feet distant; Thence Southerly upon said non - tangent curve, through a delta angle of 98 c5 1'11 " and an arc length of 3.45 feet; Thence South 31 X3' 19" West 0.52 feet; Thence South 58':'3'6'41 " East 11.33 feet to a non - tangent curve, turning to the right, concave to the West, from which the radius point bears South 31 X3'13" West 5.00 feet distant; Thence Southeasterly upon said non - tangent curve, through a delta angle of 78 0 12'56" and an arc length of 5.83 feet, Thence South 58 0 41'11 " East 366.23 feet to a non - tangent curve, turning to the right, concave to the South, from which the radius point bears South 07 East 3.00 feet distant; Thence Easterly upon said non - tangent curve, through a delta angle of 3828'13" and an arc length of 2.01 feet; Thence South 58 0 49'15" East 4.75 feet; Page 1 of 2 EXHIBIT C TO HOME PLATE EASEMENT EXCHANGE AGREEMENT Thence North 34 °10'09" East 183.97 feet; Thence North 55 West 3.56 feet to a curve, turning to the right, concave to the East, with a radius of 5.00 feet; Thence Northwesterly upon said curve, through a delta angle of 67°06'05" and an arc length of 5.86 feet; Thence North 55 0 49'51 " West 35.09 feet; Thence South 48 West 27.29 feet to a non - tangent curve, turning to the right, concave to the West, from which the radius point bears South 15 Vilest 18.00 feet distant; Thence Southerly upon said non - tangent curve, through a delta angle of 108 and an arc length of 34.24 feet; Thence South 34 °10'09" West 95.48 feet to a curve, turning to the right, concave to the North, with a radius of 31.50 feet; Thence Westerly upon said curve, through a delta angle of 87 and an arc length of 47.99 feet; Thence North 58"3 West 306.98 feet to a curve, turning to the right, concave to the Northeast, with a radius of 10.00 feet; Thence Northwesterly upon said curve, through a delta angle of 68°36'45" and an arc length of 11.98 feet; Thence North 10 0 00'06" East 30.54 feet; Thence North 66 °45'11" West 26.71 feet to the Point of Beginning. The area of said abandonment contains 13,934.6 square feet or 0.32 acres, more or less. N v I CA TODD A. ' o TUT . EXPIRES 12 -31 -15 Page 2 of 2 EXHIBIT c TO HOME PLATE EASEMENT EXCHANGE AGREEMENT R =101 00.00' ❑ = 00 041 p to C;e L =1 34.75 1 00.00' � N ��•� x'10" � S 748, 5 0 � B �RI RB � e 8 j9 1 .1 d- oKt g s P� O qQ � � r co � . '�. 8K 4 49 pG Sg2 N ' C ...........�. N� p Na �... ..POINT OF .... ACES 100.00 BEGINNIN �..........�.� � 13�j3 E;4 SE MEN N ,4.48 m � � 76 . 6 5 2" ALUM. CAP L 1 �......... RLS 12122' c3� :.::::.:.:. PARCEL A �. _ ........ . ............ ................ ** ................ SOUTHWEST \ .:..:.::::.:: DKT. 12571, PG. 5959 � \........ �� <8 CORNER �;:::::�::�::�:::... BK 46 PG 71, SURVEYS PARCEL \ \::�:�:�::::�:.� � ' �::::::::�::::::.n . \S A.P.N. 221- 21 -004F _�_ PORTION EXISTING ACCESS 8 �7 7 7 � ....�3 EASEMENT TO BE ::::::::::.. co,�,, ��::�:� ABANDONED � �:: : ::: \ '�! F �- 3 :. -.\ AREA= 13,934.6 S.F. o � ( b.. -: � � l� �� �► I 2 27 A � X �� '_:::. 0.32 ACRES ^� ��`�� - :�o� 7 Q> .............. 4�, WICA 7 F f n� 6 � .. -�' :::::::::::.... 55 . 43 lb 4( 7 7 , � \ `�.......::� :::::::.::::::::::::... l TOAD A. � IHOUT L6 � �, GRAPHIC SCALE: 1 Inch = 6Q Feet \_.: _. _..::: �. c1, , ned 15 0 30 60 120 POLARIS JOB NO. 14146 C4 P EXPIRES 12 -31 -15 F2 EILARIS DATE: NOV. 5, 2014 AN EXHIBIT OF A PARTIAL ABANDOMENT OF AN EXISTING F SIJRVEYING, LLE; PUBLIC ACCESS EASEMENT OVER A PORTION OF THE 3528 N. FLowirvG WELLS RD. PARCEL DESCRIBED IN DKT. 12571, PG. 5959, PIMA TUCSON ARIZONA 85705 COUNTY RECORDS, LOCATED IN THE N.E. 114 OF SECTION TEL.: (520) 322 -6400 FAX: (520) 3 22 - PAGE 1 O F 2 2 8 .1 T. 12 S., R. 7 2 E,. G. & S. R, M.., PIMA CO UNT Y , ARIZONA m ]C co 0 0 m r m m m m Z m x C3 Z G) m G7 m m m z m T x 1 0 T 0 m r m m m m z - m x C) z z G) m G7 m m m z OLARIS 3528 N FLOWING WELLS RD AND TUCSON, ARIZONA 85705 r7 LL C TEL: 520.322 -6400 S U RVEYI N � FAX: 520-322 -6401 LEGAL DESCRIPTION —Job No. 14146 November 5, 2014 PARTIAL ABANDONMENT OF WATERLINE & PIPELINE EASEMENT: The abandonment of a portion of an existing Water Line & Pipeline Easement described in Docket 13130 at Page 3890, Pima County Records, over a portion of Parcel "A" per Book 48 at Page 71 of Surveys, Pima county Records, as described in Docket 12571 at Page 5959, Pima county Records, located in the Northeast quarter of Section 28, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima county, Arizona, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A "; Thence South 58 0 41'11 " East 408.54 feet upon the Southwest line of said Parcel "A" to the Southernmost corner of said existing Water Line Easement; Thence North 30 East 58.09 feet upon the Southeast line of said existing easement to the Point of Beginning of said abandonment; Thence continue North 30 East 104.88 feet upon said Southeast line; Thence North 59 Vilest 32.54 feet; Thence South 30 0 54'23" West 25.00 feet; Thence South 59 East 7.54 feet; Thence South 30 0 54'23" West 78.45 feet; Thence South 55 East 25.04 feet to the Point of Beginning. The area of said abandonment contains 2,792.8 square feet or 0.08 acres, more or less. nN , c` I cAT 35543 r e TODD A, o HOUT NA , EXPIRES 12 -31-15 EXHIBIT E TO HOME PLATE EASEMENT EXCHANGE AGREEMENT 1 C) • C cl N(c) �'v a �( C) CL a Qco 11 1f) o oi O 0 =00'45 52" S��`/G S , � 48/ SO F ' L- 134.75 100.00' p ��E e g�9, N 15' 11'10" E 9-496 gs o � 94D 30' B!( 4 P PC Sgt � G 71 • SUR3�._ 100.00' LINE BEARING DISTANCE Ll N 59' 05' 37" W 32.54' L2 S 30'54'23" W 25.00' L3 S 59` 05' 37" E 7.54' L4 S 55'48'39" E 25.04' PARCEL "A" N ,4.48'SO r s \ � 3j6 2" ALUM. CAP PARCEL "A" � "RLS 12122 " DKT. 12571, PG. 5959 PORTION EXISTING WATER BK 46 PG 71, SURVEYS & PIPELINE EASEMENT A.P.N. 221 21 - 004F TO BE ABANDONED AREA= 2,792.8 S.F. EXISTING WATERLINE 10, EASEMENT DKT 13414 `� �'��� � � �7 � PG 566 ......... S8. . - \ EXISTING WATER & s� ..�.�...:.......�,� � , 4� 7 \ � � PIPELINE EASEMENT .�.� �< � � •iy \ DKT 13130 PG 3690 a.N .�.�.�.� � qg.� „� ��� ' �` V'4 (V 78 � . .. ... . �/ .�'.'.'.'.'.'.'.'.' D ec , / �� Q .c,'1 . . s3 v � 2 � \ �..... /�:�:�:�:�:�. � � p ��v s� � TQQD A. z 0 � � � . '1 \ / . � QO M /��O �O �� � HQUT O F GRAPHIC SCALE 1 Inch = 60 Feet EXPIRES 12 -31 -15 15 0 30 60 120 Q POLARIS JOB NO. 14146 R OLARIS DATE: NOV. 5 EXHIBIT OF A PARTIAL ABANDOMENT OF AN EXISTING SURVEYING, PLC WATERLINE & PIPELINE EASEMENT OVER A PORTION OF THE 3528 N. FLowirvG WELLS RD. PARCEL DESCRIBED IN DKT. 12571, PG. 5959, PIMA COUNTY TUCSON ARIZONA 85705 RECORDS, LOCATED IN THE N.E. 114 OF SECTION 2 T. 12 S., R. TEL.: (520) 322 -6400 FAX: (520) 322 -6401 12 E. G. & S. R. Mail PIMA COUNTY, ARIZONA