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HomeMy WebLinkAboutResolution 2015-026 Approving Leman Academy of Excellence ROW abandonment agreementMARANA RESOLUTION NO. 2015 -026 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LEMAN ACADEMY OF EXCELLENCE RIGHT -OF -WAY ABANDONMENT AGREEMENT WHEREAS Leman Academy of Excellence owns two adjacent unimproved parcels of land totaling approximately 5.1 acres located on the northeast side of Silverbell Road, at the east /southeast corner of Silverbell Road and Schisler Drive; and WHEREAS Leman Academy is in the plan review and building permit process for the construction of a public charter school (referred to in this resolution as "Leman Charter School ") on the property; and WHEREAS a 50-foot strip of vacant Mamie Kai Drive public right-of-way (so designated by Marana Resolution No. 2015 -018) divides the Leman Charter School property from wheeler Taft Abbett Public Library and Crossroads at Silverbell District Park; and WHEREAS the Town of Marana and Leman Academy of Excellence desire to optimize the safety of the design and operation of Leman Charter School by providing a high - intensity activated crosswalk (HAWK) pedestrian crossing for Silverbell Road adjacent to Leman Charter School, and by maximizing the traffic -flow efficiency of Leman Charter School by incorporating the land area of the Subj ect Right -of -way into the overall site design; and WHEREAS the Mayor and Council find that the Leman Academy of Excellence Right - of-way Abandonment Agreement is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF rF HE TOWN OF MARANA., ARIZONA, AS FOLLOWS: SECTION 1. The Leman Academy of Excellence Right-of-Way Abandonment Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Leman Academy of Excellence Right-of- Way Abandonment Agreement attached to and incorporated by this reference In this Resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. per f ti orm. all acts nec approves. The various Town of "icers and employees are authorized and directed to -.ssary or desirable to give effect to this resolution and the agreement it Resolution No. 2015 -026 - I -- 3/5/2015 11:29 AM FJC I PASSrD D DO AN AP'1-'E B D Y THE MAYOI D � AN COUNCIL OF THE TI` OW 01 � - j MARANA, ARIZONA, this 17th da of Mar 2015. Ma Ed 14oneav ATTEST.- APPROVED S TO FORM: ocel C. ronson, Town Clerk F nk assid T wn Attorne N 9 D ANA '7 RCSOILItion No. 2015-026 - 2 - 3/512015 11:29 AM FJC LEMAN ACADEMY OF EXCELLENCE RIGHT-OF-WAY ABANDONMENT AGREEMENT (Town of Marana, Arizona) THIS AGREEMENT ("A is made and entered into b and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and LEMAN ACADEMY OF ExCELLENCE, INC., an Arizona non-profit corporation ("Leman Academ The Town and Lem- an Academ are sometimes collectivel referred to as the "Parties," each of which is sometimes individuall referred to as a "Part RECITALS A. Leman Academ owns two adjacent unimproved parcels of land totalin approximatel 5.1 acres located on the northeast side of Silverbell Road, at the east/southeast comer of Silver- bell Road and Schisler Drive, Pima Count Assessor's Parcel Numbers 226-27-0360 and -0370, le described in Exhibit A to the Special Warrant Deed recorded in the office of the Pima Count Recorder on fir, /Z,,?oP4 at Se (the "Subject Propert B. The Subject Propert is bordered on the northeast b a 50-foot strip of vacant Mamie Kai Drive public ri ( the "Subject Ri which separates the Subject Propert from the Wheeler Taft Abbett Public Librar and Crossroads at Silverbell District Park. The Subject Ri called the "Mamie Kai Drive Additional Ri of Wa on the exhibits to this A is le described in Exhibit A and depleted in Exhibit C attached to and in- corporated b this reference in this A C. Leman Academ is in the plan review and buildin permit process for the construction of a public charter school on the Subject Propert referred to in this A as "Leman Charter School." D. The Parties desire to optimize the safet of the desi and operation of Leman Charter School b providin a hi activated crosswalk (HAWK.) pedestrian crossin for S11- verbell Road adjacent to Leman Charter School, and b maximizin the traffic-flow efficienc of Leman Charter School b incorporatin the land area of the Subject Ri into the over- all site desi E. The Subject Ri was dedicated to the Town of Marana at no cost b the ori developer of the planned development known as Continental Ranch, and Leman Academ as the successor -in- interest to the ori developer is entitled to receive title to a portion of the Sub- ject Ri if the Town chooses to vacate it, in accordance with Arizona Revised Statutes section (A.R. S. §) 28-7205. F. To avoid a scalloped lot line, an unusable transition area southeast of the Schisler and Mamie Kai Drive roundabout, and a 25-foot "no-man's land" adjacent to the Leman Charter School, the Town does not want an portion of the Subject Ri to accrue to Pima 100041085.DOCX1I 3/312015 1:16 PM TOWN OF MARANA/LEMAN ACADEMY OF EXCELLENCE AGREEMENT - I - County (owner of the Wheeler Taft Abbett Public Library) or to the Town (owner of Crossroads at Silverbell District Park). G. The Town finds that the best interests of the public are served by vacating the Subject Right- of-way to Leman Academy in accordance with the terms and conditions of this Agree- ment. H. The Town finds that Leman Academy's satisfaction of the terms and conditions of this Agreement will provide consideration to the Town commensurate with the value of the Subject Right -of -way, in satisfaction of the requirements ofA.R.S. § 28 -7208. 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. Abandonment of the Subject Right-of-Way. Upon Leman Academy's satisfaction of the terms and conditions of this Agreement, the Town Engineer is authorized to execute a quit clairn deed of abandonment, vacating and abandoning the Subject Right-of-Way in favor of Leman Academy. 2. Installation of Silverbell HAWK pedestrian crossing. Before the Town Engineer's execu- tion and delivery of the quit claim deed of abandonment as provided in paragraph 1 above, Lem- an Academy shall: (A) Design and install a HAWK pedestrian crossing across Silverbell Road, in a location and to a design acceptable to the Town Engineer; and (B) Dedicate the I -GAWK pedestrian crossing to the Town at no cost, free and clear of all liens and encumbrances; and (C) Provide the Town with proof in a form acceptable to the Town of full and final pay- ment of all design and installation costs relating to the HAWK pedestrian crossing; and (D) Provide the Town with proof in a form acceptable to the Town of the full and final costs for design and installation of the HAWK pedestrian crossing. 3. Reimbursement of Town costs. Before the Town Engineer's execution and delivery of the quit claim deed of abandonment as provided in paragraph 1 above, Leman Academy shall remit to the Town payment of $3,000 to cover the Town's costs and fees associated with this Agree- ment. 4. Waiver of certain Town fees. Except as provided in paragraph 3 above, the Town shall waive its customary fees for title review, abandonment, release, development agreement prepara- tion, Council action, and any other fee that normally associated with abandonment of right-of- way. This paragraph does not apply to other Town fees associated with construction and devel- opment of the Subject Property, 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. 5. Recording. The Town shall record this Agreement and the quit claim deed of abandonment described in paragraph 1. above in the office of the Pima County Recorder at the Town's cost, if any. 100041085.DOCx 1) 3/3/2015 1:16 PM TOWN OF MARANA /LEMAN ACADEMY OF EXCELLENCE AGREEMENT -2- 6. Miscellaneous. ( A ) This A ma not be modified except in a writin si b the Parties. ( B ) This A shall be g overned b and interpreted in accordance with the laws of the State of Arizona, and an lawsuit to enforce an provision of this A or to obtain an remed with respect to this A shall be brou in the Pima Count Superior Court, and for this purpose the Parties expressl and irrevocabl consent to the j urisdiction of the Pima Count Superior Court. ( C ) If either Part fails to perform an of its obli under this A or if a dispute arises concernin the meanin or interpretation of an provision of this A ment, the defaultin part or the part not prevailin in the dispute, as the case ma be, shall pa an and all costs and expenses incurred b the other part in enforcin or estab- lishin its ri under this A includin without limitation, court costs and rea- sonable attorne fees. (D) This A ma be executed in multiple counterparts, each of which shall, for all purposes, be deemed an ori and all of which, taken to shall constitute one and the same a ( E ) This A is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involvin conflicts of interest. (F) Exhibits referred to in this A are attached to and incorporated b refer- ence as if set forth in full in this A IN WITNESS WHEREOF, the Parties hereto have executed this A as of the last date set forth below their respective si THE "TOWN"'. TOWN OF MARANA, an rizon municipal corporation k t a. "LEMAN ACADEMY": LEMAN ACADEMY OF ExCELLENCE, INC., an Arizona non-profit corporation By: L-Ielr 9-�` I LIZ V/ v B r F (Ed q6ne'a, Ma Date: c, Its: ATTEST'. Date: B Jo el C. r son, Town Clerk APPROVED AS To FORM'. -4 A .v G v v 4CL� raA CassW, Town Attorne (00041085.DOCX/) J 313/2015 1:16 PM TOWN OF MARANA/LEMAN ACADEMY OF EXCELLENCE AGREEMENT -3- State of Arizona } ss County of Pima } The foregoing instrument was acknowledged before me on by of LEMAN ACADEMY OF EXCELLENCE, INC., an Arizona non - profit corporation, on behalf of the corporation. (Seal} Notary Public LIST of EXHIBITS Exhibit A Legal Description of the Subject Right-of-Way Exhibit B Not used Exhibit C Depiction of the Subject Right-of-Way 100041085.DoCX 1) 3/3/2415 1:16 1 TOWN of MARANAILEMAN ACADEMY of EXCELLENCE AGREEMENT -4- F:IlLj4= PHONE: (520) 790 8373 • FAX: (520) 512 8373 PUTT LAND SURVEYING, INC. 4817 EAST 5TH STREET e TUCSON, ARIZONA 85711 EXHIBIT "A" "MAMIE KAP' DRIVE ADDITIONAL RIGHT OF WAY LEGAL DESCRIPTION A parcel of land for ri of wa purposes over a portion of Section 35, Township 12 South, Ran 12 East, Gila and Salt River Meridian, Pima Count Arizona, comprisin of three conti parcels of land (Parcel No. 1, Parcel No. 2 & Parcel No. 3), more particularl described as follows: I Parcel No. 1 (bein a portion of APN: 226-27-019E) A portion of that certain parcel of land recorded in Docket 12610, Pa 4117, more particularl described as follows: COMMENCING at the West Quarter corner of said Section 35, from which the Northwest corner of said Section 35 bears North 01' 01'00" West (basis of bearin a distance of 2,629.85 feet; THENCE North 01 0 01' 00" West, alon the West line of said Section 35, a distance of 899.97 feet to a point on the Northeasterl ri of wa of Silverbell Road, also bein the Southwesterl line of Lot 10 of "Parcels 56, 57, & 72, Continental Ranch, Lots I thru 10", accordin to Book 60, Pa 16, Maps and Plats, Pima Count Arizona, and the be of a non-tan curve to the ri THENCE Southeasterl alon said Northeasterl ri of wa line of Silverbell road and said Southwesterl line of Lot 10, a distance of 292.31 feet alon the arc of said non-tan curve to the ri with a radius of 1,507.39 feet which bears South 340 05' 38" West, a central an of 110 061 3811, a chord which bears South 500 21' 03" East, a distance of 291.85 feet to the Northwesterl corner of said parcel of land recorded in Docket 12610, Pa 4117, and the bein the be of a reverse curve to the left THENCE Easterl alon the Northerl line of said parcel of land recorded in Docket 12610, Pa 4117, a distance of 38.47 feet alon the arc of said reverse curve to the left, with a radius of 25.00 feet, a central an of 88' 09' 20", a chord which bears South 880 52' 24" East, a distance of 34.78 feet to a point of tan THENCE North 470 02' 56" East, continuin alon the Northerl line of said parcel of land recorded in Docket 12610, Pa 4117, a distance of 109.00 feet to the be of a tan curve to the ri THENCE Easterl continuin alon the Northerl line of said parcel of land recorded in Docket 12610, Pa 4117, a distance of 221.60 feet alon the arc of said tan curve to the ri with a radius of 225.00 feet, a central an of 560 25' 52", a chord which bears North 750 15' Februar 10, 2015 Pa 1 of 3 (Sketch is Exhibit "C") Job No. 14-238 "Mamie Kai Drive" Additional ROW 52" East, a distance of 212.76 feet to a point of reverse curvature and the POINT OF BEGINNING; THENCE Northeasterly, along the Northerly line of said parcel of land recorded in Docket 12610, Page 4117, a distance of 40.70 feet along the arc of said reverse curve to the left, with a radius of 25.00 feet, a central angle of 93 17' 02 ", a chord which bears North 56° 50' 17" East, a distance of 36.35 feet to the Northeasterly corner of said parcel of land recorded in Docket 12610, Page 4117, and the beginning of a non - tangent curve to the right hereinafter referred to as POINT "B "; THENCE Southerly, along the Easterly line of said parcel of land recorded in Docket 12610, Page 4117 a distance of 27.90 feet along the arc of said non - tangent curve to the right, with a radius of 375.00 feet which bears North 79° 48' 14" West, a central angle of 04° 15' 44 ", a chord which bears South 12° 19' 38" Vilest, a distance of 27.89 feet to the beginning of a non - tangent curve to the left; THENCE Westerly, a distance of 25.58 feet along the arc of said non - tangent curve to the left, with a radius of 225.00 feet which bears South 19° 59' 34" west, a central angle of 06° 30' 46", a chord which bears North 73 15' 49" Vilest, a distance of 25.56 feet to the POINT OF BEGINNING. Parcel No. 2 (being a portion of APN: 226- 27 -019H) A portion of that certain parcel of land recorded in Docket 12201, Page 4107, more particularly described as follows: BEGINNING at aforementioned POINT "B "; THENCE Northwesterly, along the Westerly line of said parcel of land recorded in Docket 12201, Page 4107, a distance of 436.58 feet along the arc of a curve to the left, with a radius of 375.00 feet, a central angle of 66° 42' 14 ", a chord which bears North 23° 09' 21" Vilest, a distance of 412.34 feet to a point of non- tangency; THENCE North 30" 22' 22" East, along the Northerly line of said parcel of land recorded in Docket 12201, Page 4107, also being the Southerly line of "Mamie Kai Drive ", a public road according to Book 60, Page 16, Maps & Plats, Pima County, Arizona, a distance of 50.07 feet to the beginning of a non - tangent curve to the right; THENCE Southeasterly, a distance of 436.62 feet along the arc of said non - tangent curve to the right, with a radius of 425.00 feet which bears South 33° 07' 30" West, a central angle of 58 51' 44 a chord which bears South 27 26' 38" East, a distance of 417.67 feet to the Southerly fine of said parcel of land recorded in Docket 12201, Page 4107, and a point of non - tangency hereinafter referred to as POINT "C "; THENCE South 40° 53' 47" Vilest, along said Southerly line, a distance of 90.14 feet to the Southernmost corner of said parcel of land recorded in Docket 12201, Page 4107, and the beginning of a non - tangent curve to the left; THENCE Northerly, along the westerly line of said parcel of land recorded in Docket 12201, Page 4107, a distance of 16.83 feet along the arc of said non- tangent curve to the left, with a February 10, 2015 Page 2 of 3 (Sketch is Exhibit "C ") Job No. 14 -238 "Mamie Kai Drive" Additional ROW radius of 375.00 feet which bears North 77 13' 55" Vilest, a central angle of 02 34' 19 ", a chord which bears North 11' 28'55" East, a distance of 16.83 feet to the POINT OF BEGINNING; Parcel No. 3 (being a portion of APN: 226- 27 -023G) A portion of that certain parcel of land recorded in Docket 11411, Page 1616, more particularly described as follows: BEGINNING at aforementioned POINT "C"; THENCE Southerly, a distance of 97.77 feet along the arc of a curve to the right, with a radius of 425.00 feet, a central angle of 13 10' 51", a chord which bears South 08 34' 39" West, a distance of 97.56 feet to a point of non - tangency; THENCE North 69 31' 07" West, a distance of 48.32 feet to the beginning of a tangent curve to the left; THENCE Westerly, a distance of 1.92 feet along the arc of said tangent curve to the left, with a radius of 225.00 feet, a central angle of 00 29' 19 ", a chord which bears North 69° 45' 47" West, a distance of 1.92 feet to a point on the Westerly line of said parcel of land recorded in Docket 11411, Page 1616, and the beginning of a non - tangent curve to the left; THENCE Northerly, along said Westerly line, a distance of 11.06 feet along the arc of said non - tangent curve to the left, with a radius of 375.00 feet which bears North 75° 32' 30" Vilest, a central angle of 01 ° 41' 25", a chord which bears North 13° 36'47" East, a distance of 11.46 feet to a point of non - tangency; THENCE North 40 53' 47" East, continuing along the Westerly line of said parcel of land recorded in Docket 11411, Page 1616, a distance of 90.14 feet to the POINT OF BEGINNING; SAID "MARIE KAI DRIVE" ADDITIONAL RIGHT OF WAY contains 0.5769 acres, or 25,128 square feet, more or less. w M PAUL M. + COTEi EXPIRES 03/31/2016 (REFERS TO RENEWAL DATE) February 10, 2015 Page 3 of 3 (Sketch is Exhibit "C ") Job No. 14 --235 "Mamie Kai Drive" Additional ROW xoRrNwcsr camcR sccnoN .zs SEE NEXT PAGE TOR UNur TABLE, CURVE TABLE & INDIVIDUAL PARCEL ARC I "MAMIE KA / DRI VE" ^ A DDI TIONA L Re O.W. (25,128 sq ft "PARCELS 56, 57, (&0* 5769 OC/�S� � & 72, CONTINENTAL RANCH, LOTS > I THRU f0" BOOK 60, PAGE 16, 226 -27 -0360 � MAPS &PLATS 7770, 7780 & 7790 M I � N SCHISLER DR ai CN "BENfT DRI VE" ADDITIONAL R.D.W. Z m � O I m � d ! 122,486 sq ft Jr ��� ((0.5162 acres) / 226-27-0370 0370 LOT 10 7750 N SCHISLER DR P.O.B., `BENET DRIVE" ADD. R O. W., PARCEL No. 1 �G -J �o POINT OF COMMENCEMENT, WEST QUARTER CORNER SECON 35 mi SCALE: 1" 100' EXHIBIT C: PARCEL DESCRIPTIONS r� D W Za 0 �L1 �D W N � "BENET DRIVE" ADDI TIONAL R 0. W. PARCEL No. 2 KAT 56761 o PAUL M. � COTE ned A, EXPIRES 63/31/2016 =R EEKS TO RENEWA.. DA'1'1:' L DRAWN PMC A PORTION OF SEC T /ON 35, (�j P&7T LAND CHECKED: OLP TO WNSHI P 12 SOUTH, RANEE 12 P Imo. SUR"AA INC, DATE.• 2/10/15 EAST, GILA AND SALT RIVER 4817 EAST FlFIH STREET, TUCSON, ARIZONA 85711 JOB NO.: 14 -238 MERIDIAN, PMA COUNTY, ARIZONA ��PHON£.• (520) 790 -8373 FAX.• (520) 512 -8373 ...................... PAGE 1 of 2 �aDy G P. 0. B., "MAMIE KAI DRI VE" ADD. R O. W , PARCEL No. 3 POINT "C "MAMIE (CAI DRIVE" ADDITIONAL R. O. W. PARCEL No. 3 P.C.B., "MAMIE KAI DRIVE" ADD. R O. W , PARCEL No. 2 POINT '"B" '"MAMIE KAI DRIVE" ADDITIONAL R 0 W PARCEL No. 1 P. B B. "MAMIE KAI DRIVE" ADD. R 0. W , PARCEL No. 1 iX A o� P O B., "BEND DRIVE" ADD. R. PARCEL No. I 1,.i 201 "A reo Q'�'J' y �g6 OF 0 6 5 � L� NORTHWEST CORNER SECTION 35 "MAMIE KAI DRIVE" ADD. R. O W., PARCEL No. 1: 1157 sq f1 ( ±D. 0036 acres) "MAMIE KAI DRIVE" ADD. R O.W., PARCEL No...- ±22,162 sq ft (f0.5088 acres) "MAMIE KAI DRIVE" ADD. R. 0. W, PARCEL No. 3.• ±2, 809 sq ft (±0.0645 acres) ?8 � N Z L � O I CURVE TABLE CURVE IMONS LE 91 DELTA 1 CHORD C 1 1 1507.39 292. 31 ' 11 '06'38 " N50 '03 V 291.85' C2 25.04' 38.47' 88'09'20" S88 5224 "E 34.78' C3 225.00' 221.60' 56'2552" N75" 15'52 212-76' C4 .225.00' 25.58' 6'3O'46" S73' 15'49 "E 25.56' C5 375.00' 56.01' 8'33'30" S1844'15 "W 55.96' C6 171.00' 188.24' 63'04'23" S78'35'37V 178.88' 07 251.00' 11.04' 2 " S48" 19'01 "W 11.04' C8 1507.39' 77.06' 2 4 " N43' 19'5,2V 77.05' C9 225.00' 1.92' 0'29'19" S69'4547 "E 1.92 ' C10 425.00' 57.91 7'48.25" S19 "04'17V 57.86' C11 171.00' 8.23' 2 "45,28" N68'29'27V 8.23' C12 25.00' 40.70' 93' 17 N56'50' 17 "E 3635' C l3 375.00' 27.90' 4' 15'44 " S 12' 1938V 27.89' C14 375, 00' 436.58' 66'4,2'14" N23"09'21 1 W 412.34' C15 425.00' 436.62' 58'51'44 " S272638 "E 417.67' C16 375.00' 16.83' 2'34'19" N11'2855 "E 16.83' C17 425.00' 97.77' 13" 14'51 " S08'3439 V 97.56' C1 B 375.00' 1 1.06' 1'41'25" N13"36'47 "E 11.06' "BENET DRIVE" ADD. R 0. W., a PARCEL No. 1: ± 19,642 sq ft '1 ( ±0.4509 acres) n "BENET DRI VE" ADD. R 0 W., C2 PARCEL No. 2. .12,844 sq ft ( ±0.0653 acres) '` 0 POINT OF COMMENCEMENT, WEST QUARTER CORNER SECTION 35 r s DRAWN: CHECKED: DA TE: JOB NO.: PAGE T V A C13 e :JN C12 v C3 � C9 C5 C 11 l�C 10 C6 0, No e�a v�• SCALE' 1" 50761 ❑c PAUL M. m COTE ned 100 A EXPIRES 03/31/2016 F �� A PORTION OF SECTION J5. PUIT �� � INC. 2110115 TOWNSHIP 12 SOUTH, RANGE 12 74 -238 S GILA AND St T RIVER �� � o STREET, > TUCSON, ARIZONA ��� 2 of z MERIDIAN, PIMA COUNTY, ARIZONA � YA ro � p q> , IL LINE TABLE UNE BEARING DISTANCE L 1 N47'02'56 "E 109.00' L2 S4703'25V 6432' L3 S49'34'37"W 56.83' L4 S69'31 '07 "E 48.32' L5 S67'0643 "E 41.77' L6 S30'2222V 50.07' L7 N40 "5347 "E 90.14' +v Qw C IK Q N � N �'