HomeMy WebLinkAboutOrdinance 2015.009 Approving exchange and acquisition of land for Tangerine ParkF. ANN RODRIGUEZ, RECORDER
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DEPUTY RECORDER
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TOWN O MARANA
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MARANA ORDINANCE NO. 2015.009
RELATING- TO REAL ESTATE:; APPROVING AN EXCHANGE OF REAL PROPERTY
LOCATED ON TIIE EAST SIDE OF BIG SKY RANCID DRIVE, SOUTH OF CAMINO DE
M
MANAMA IN THE TOWN OF MARANA, PIMA COUNTY; SPECIFICALLY, PARCEL "A"
OF SKY RANCH SUBDIVISION AS DESCRIBED IN THE PLAT RECORDED IN THE
OFFICE OF THE PIMA. COUNTY RECORDER AT BOOK 58 OF MAPS AND PLArI
PAGE 58, FOR A PARCEL OF SUBSTANTIALLY EQUAL VALUE LOCATED IN 'THE
N
TRIANGLE OF LAND BOUNDED BY TANGERINE ROAD, CAMINO DE MANANA, AND
CAMINO DE OESTE IN THE TOWN OF MARANA, PIMA COUNTY, FOR PURPOSES OF
CONSTRUCTION OF A PROPOSED TANGERINE CORRIDOR COMMUNITY PARK
SITE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE
EXCHANGE AND PURCHASE AGREEMENT MENT AND ANY DEEDS AND OTHER
DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCIIANGE AND PURCHASE;
AND DECLARING AN EMERGENCY
WHEREAS REAS the Town of Marana ovens Parcel "A" of Sky Ranch subdivis as described
in the plat recorded in the office of the Pima County Recorder at Boob. 58 of Maps and Plats,
Page 58 (the "Town Parcel "); and
WHEREAS the Town and the original developer of Slay Ranch intended the Town Parcel
to be used as a "children's desert educational center" as described in paragraph 3.4 of the Sky
Ranch Development Agreement recorded June 25, 2004 at Docket 12331, Page 4286, Pima
County Recorder's office; and
WHEREAS the children's desert educational center was not built and is no longer
anticipated to be built on the . Tows Parcel; and
WHEREAS the Town of Marana desires to establish and construct a community park in
the northeast Town limits, but finds that the Town Parcel is not optimal due to its relatively small
size of 7.3 acres and its sole vehicular access from a private street; and
WHEREAS the Sky Ranch Homeowners Association (the "IIOA ") owns Slay Ranch
Common Area B open Space as described in the Sky Ranch subdivision plat, including a
3 5.21 acre portion of Sky Ranch Common Area B Open Space, bounded by Tangerine Road to
the north, Camino de Marana to the southeast, and Camino de Oeste to the west (the "HOA
Property "); and
WHEREAS the HOA has received authorization from its members to convey a portion of
the HOA Property to the Town, via exchange and/or sale, for a future community parr site of 18
acres, more or less, in the triangle of land bounded by Tangerine Road, Camino de Mariana, and
Camino de Oeste; and
Marana Ordinance No. 201 5.009 - 1
WHEREAS on January 7, 2014, the Town Council adopted Resolution No. 2014 -002
authorizing Town staff to initiate the possible exchange of properties for the proposed
community park site; and
WHEREAS the Town is willing to transfer title to the Town Parcel to the HOA in
exchange for a portion of the HOA Property of substantially equal value to the Town Parcel; and
WHEREAS the HOA is willing to sell an additional portion of the HOA Property to the
Town for cash; and
WHEREAS the property being exchanged by the Town and the property being received
from.. the HOA, via exchange and purchase, are specifically described in a Real Estate Exchange
and Purchase Agreement presented to Council concurrently with this ordinance; and
WHEREAS the parcels of land being exchanged are of substantially equal value; and
WHEREAS A.R.S. § 9-407 requires land exchanges to be authorized by ordinance; and
WHEREAS the Town Council finds that exchange and purchase of the real property in
question is in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The exchange of property as set forth in the Real Estate Exchange and
Purchase Agreement between the Town of Marana and the Sky Ranch HOA, attached to and
incorporated by this reference in this resolution as Exhibit A, is hereby authorized pursuant to the
terms and conditions set forth in the Agreement, the Agreement is hereby approved, and the
Mayor is hereby authorized to execute it and any and all deeds and other related documents
necessary to carry out the terms of the Agreement for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the Agreement.
SECTION 3. It is necessary for the preservation of the peace, health, and safety of the
Town of Marana that this ordinance become immediately effective; therefore, 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 T E TOWN OF MARANA,
ARIZONA, this 7th day of April, 2015.'
ATTEST:
ocelyn C ronson, Town Clerk
Marana Ordinance No. 201 5.009
Mayor EA Honea
REAL ESTATE EXCHANGE AND PURCIIASE AGREEMENT
Ti-iis AGREEMENT (""Agreement"') is made and entered into by and between THE TOWN
OF MARANA, an Arizona municipal corporation (the "Town ") and SKY RANCH
HOMEOWNERS AssocIATTON, INC., an Arizona non-profit corporation (the "HON"). The
Town and the HOA are sometimes collectively referred to as the "Parties," either of
which is sometimes individually referred to as a "Party."
RECITALS
A. The Town owns Parcel "A" of Sky Ranch subdivision as described in the plat
recorded in the office of the Pima County Recorder at Book 58 of Maps and Plats, Page
58 (the "Town Parcel "). The land area depicted in the Sky Ranch subdivision plat is
developed as a project referred to as "Sky Ranch."
B. The Town and the original developer of Sky Ranch intended the Town Parcel to
be used as a "children's desert educational center" as described in paragraph 3.4 of the
Sky Ranch Development Agreement recorded June 25, 2004 at Docket 12331, Page 4286,
Pima County Recorder's office.
C. The children's desert educational center was not built and is no longer" anticipat-
ed to be built on the Town Parcel.
D. The Town of Marana desires to establish and construct a community park in the
northeast Town limits, but finds that the Town Parcel is not optimal due to its relatively
small size of 7.3 acres and its sole vehicular access from a private street.
E. The HOA owns Sky Ranch. Common Area B open Space as described in the Sky
Ranch subdivision plat. A 35.21 -acre portion of Sky Ranch Common Area B open
Space, bounded by Tangerine Road to the north, Camino de Maf='ana to the southeast,
and Cam' no de Oeste to the west, S referred to In tI1IS Agreement as the "HOA P1 "ope1 "--
ty.
F. The Sky Ranch. Development Agreement references the Sky Ranch Habitat Con-
servation Plan (HCP) and associated Incidental Take Permit issued by the Department
of the Interior, U. S. Fish and Wildlife Service (USFWS), dated January 30, 2004, and
further provides that development of Sky Ranch will be in accordance with the Sky
Ranch HCP. The Sky Ranch HCP provides for a disturbance limitation of no more than
22% of the property subject to the HCP.
{ 0003 7914, Doc 15 }
G. The purpose of the Sky Ranch HCP and Incidental Take Permit was to minimize
and mitigate the effects of the Sky Ranch development to the cactus ferruginous pyg-
my-owl (the "Pygmy owl "), a species that was at the time listed as endangered by the
USFWS under the Endangered Species Act.
H. As set forth in the 71 Federal Register 19452 (April 14, 2006) ("'Delisting Rule"'),
the USFWS removed the Pygmy Owl from the Federal List of Endangered and Threat-
ened Wildlife and removed the critical habitat designation for the Pygmy owl.
I. The Sky Ranch HCP and Incidental Take Permit were established solely for mit-
igating impacts to the Pygmy owl, and the Delisting Rule stipulates that the conserva-
tion measures provided by the Endangered Species Act no longer apply to the Pygmy
Owl; and thereby eliminated the USFWS conservation requirements associated with the
Sky Ranch HCP and Incidental Take Permit.
J. The Incidental Take Permit issued January 30, 2004 expired on January 30, 2009.
K. The HOA has received authorization from its members to convey a portion of
the HOA Property to the Town, via exchange and/or sale, for a future community park
site of 18 acres, more or less, in the triangle of land bounded by Tangerine Road,
Camino de Mariana, and Camino de Oeste.
L. The Town is willing to transfer title to the Town Parcel to the HOA in exchange
for a portion of the HOA Property of substantially equal value to the Town Parcel.
M. The HOA. is willing to sell an additional portion of the HOA Property to the
Town for cash..
N. The Town is authorized by A.R.S. § 9 -407 to exchange property and property
rights as contemplated by this Agreement, and the procedural requirements of
A.R.S. § 9--407 will have been satisfied by the Town prior to or concurrently with the
Town's approval and execution of this Agreement.
o. The Town is authorized by A.R.S. § 9--494 to acquire property to establish public
parks.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove-
nants set forth in this Agreement, the Parties hereby agree as follows:
1. Exchange of land and property interests. The Parties will complete the following ex-
change of land and property interests:
(A.) The Torci)n to the HOA. The Town shall transfer title to the Town Parcel to the
HOA by means of a Special Warranty Deed.
(B) The HOA to the Tozi)n. The HOA. shall transfer title to 18 acres of the FIOA.
Property, as more particularly described in Exhibit A attached to and incorporated
by this reference in this .Agreement, to the Town by means of a Special Warranty
(00037914. DOC / 5) 2 .11"3015
Deed, of which approximately 9.45 acres shall be considered an exchange for the
Town Parcel pursuant to A. R.S. § 9 -407 (the "Exchange Area ") and approximately
8.55 acres shall be sold to the Town for cash (the "Purchase Area Together, the
Exchange Area and the Purchase Area are referred to as the "'HOA Parcel."
2. Effective date. This Agreement shall be effective on the date it is fully executed by
both Parties (the "Effective Date ").
3. Escrov). At any time but not later than five calendar days after the Effective Date
of this Agreement, the Parties will open escrow ("Escrow") with Stewart Title & Trust
of Tucson (the "Escrow Officer ").
4. Conveyance of the Tort)n Parcel and the .BOA Parcel. within 30 days of the Effective
Date of this Agreement, the Parties shall deliver into Escrow the Special warranty
Deeds described in paragraph 1(A) and (B) above, in the forms attached as Exhibit B
and C, respectively.
5. Purchase Ainount. within 30 days after the HOA delivers into Escrow the Special
Warranty Deed described in paragraph 1(B) above, the Town will deliver into Escrow
immediately available funds in the amount of $72,675.00 for the Purchase Area (the
"Purchase Amount ") .
6. Close of Escrou). The day the Town delivers into Escrow the Purchase Amount de-
scribed in paragraph 5 above is the "Close of Escrow." On the Close of Escrow, the
Escrow Officer will
(A) Release to the order of the HOA. the Purchase Amount described in para-
graph 5 above, and
(B) Record in the office of the Pima County Recorder the documentation de-
scribed in paragraph 1 (A.) and (B) above relating to the conveyance of the Town Par-
cel and the HOA Parcel.
7, Possession. The Parties shall each take possession of their respective exchanged
properties at Close of Escrow.
8. Prorations. The date of Close of Escrow shall be used for proration of property
taxes and other similar costs. Assessments due for improvement districts shall be paid
in full by the current (pre - transfer) owner of each property, prior to Close of Escrow.
Property taxes on the HOA Parcel will be prorated based upon the proportion of the
HOA Parcel to the balance of Sky Ranch Common Area B open Space owned by the
HOA after Close of Escrow.
9. Title coiinvi tiven t and titre insurance. The Escrow Officer is hereby instructed to ob-
tain and deliver to the Town and the HOA directly an updated Commitment for Title
Insurance together with complete and legible copies of all documents that will remain
as exceptions to the policies of Title Insurance for the properties that are the subject of
this Agreement, including but not limited to Conditions, Covenants and Restrictions
100037914.DOC 151 3 .1F 313115
(CC & Rs), deed restrictions, and easements, within 15 days after the Effective Date of
this Agreement.
(A) The HOA shall cause the Escrow officer to issue an owner's Policy of Title
Insurance in favor of the Town with respect to the HOA. Parcel, at the Town's ex-
pense.
(B) The Town shall cause the Escrow officer to issue an Owner's Policy of Title
Insurance in favor of the HOA with respect to the Town Parcel, at the Towns ex-
pense.
10. Closing costs. Expenses incidental to transfer of title, including title reports, re-
cording fees, and escrow fees shall be paid by the Town.
11. Slcy Ranch HC'. The Parties agree and acknowledge that the Sky Ranch HCP,
and in particular the 22% disturbance limitation set forth in the Sky Ranch HCP, shall
not apply to the H:OA. Parcel after title to the HOA. Parcel is transferred to the Town.
The Parties further agree that if any issues arise regarding the applicability of the Sky
Ranch HCP to the HOA Parcel after transfer of the HOA Parcel to the Town, including
any issues or disputes involving the USFWS, the Town shall be responsible for resolv-
ing those issues or disputes, with the HOA's cooperation.
12. Environnien tai representations. The HOA has not knowingly caused or permitted
the generation, storage, treatment, release or disposal of any hazardous waste or regu-
lated substances at the HOA. Parcel. The Town has not knowingly caused or permitted
the generation, storage, treatment, release or disposal of any hazardous - waste or regu-
lated substances at the Town Parcel.
13. Right of entry. The :HOA and the HOA's employees, agents, and consultants, are
hereby granted the right to enter the Town Parcel as of the Effective Date of this
Agreement. The Town and the Town's employees, agents, and consultants, are Thereby
granted the right to enter the HOA Property as of the Effective Date of this Agreement.
All rights of entry granted pursuant to this paragraph shall terminate when title is
transferred, or in 180 days, whichever occurs first.
14. Survival of representation and zi),arran ties. All representations and warranties con-
tained in this Agreement shall survive Close of Escrow and transfer of property.
15. Notices. All notices, requests and other communications under this Agreement
shall be given in writing and either (1) personally served on the party to whom it is
given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt re-
quested, or (ill) sent by private overnight courier such as Federal Express or Airborne,
addressed as follows:
{0[1037914.1)OC 15 }
.11-'3/3/15
If to the Town:
TOWN OF MARANA
Attn: Legal Department
11555 W. Civic Center Drive
Marana, Arizona 85653
If to the I IoA:
SKY RANCH HoMEOWNERs AssoCIATION, INC.
cl o FirstService Residential Az, LLC
8375 N. oracle Road, #150
Tucson, Arizona 85704
All notices shall be deemed given when delivered or, if mailed as provided
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 ad-
dress for the 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 be-
cause 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 refusal to accept.
1.6.Miscellaneous.
(A.) This Agreement represents the entire and integrated agreement between the
Parties and supersedes all prior ne representations or agreements, either
written or oral.
(B) This Agreement may not be modified except in a writing signed by the Par-
ties.
(C) Time is of the essence of this Agreement.
(D) 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.
(E) 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 establishing its rights under this Agreement, including,
without limitation, court costs and reasonable attorneys' fees.
� 0QD37914, DOC:15 S 5 J 3 13/15
(F) 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.
(G) 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.
(H) This Agreement shall be binding upon and inure 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.
(I) This Agreement is subject to A.R.S. § 35- 511., which provides for cancellation
of contracts in certain instances involving conflicts of interest.
(J) Exhibits referred to in this Agreement are attached to and incorporated by
reference as if set forth in fu in this Agreement.
[SIGNATURE PAGE FOLLOWS]
(00037914.DOC 15� 6 J 313115
IN WITNESS WHEREOF, the Parties hereto have executed this A as of the last
date set forth below their respective si
TOWN: HOA:
Ti TOWN 01-l' MARANA,, an Arizona SKY RANCI-i HOMEOWNERS ASSOCIATION,
municipal corporation INC., an Arizona non-profit corpora-
01 tion
B
Ed Honea, a B
a rk Simpson, President, Board of
Date: Directors
ATTEST: Date:
c l C. B son, Clerk B
Pamela Berr Secretar Board of
APPROVED AS To FORM: Directors
�, 2a
STATE OF Arizona
Count of Pima
The fore instrument was acknowled before me this ) 7da of
IQ2 a k- , 2015, b Mark Simpson, President, and Pamela Berr Secretar
Board of Directors of SKY RANCH HOMEOWNERS ASSOCIATION, INC., an Arizona
non-profit corporation, on behalf of the corporation.
(Seal)
Notar PuWc
f 00037914.DOC / 51 JF 3/3/15
February 20, 2015
EXHIBIT " A "
[ii1 1 01 L 0 9 1 ' 1 r 11
That parcel of land labeled as "Tangerine Corridor Park" on Sheet 2 of the Record of Survey
indexed as Sequence Number 20150510100, recorded in the office of the Pima County Recorder,
Pima County, Arizona, more particularly described as follows:
A portion of Common Area "B ", Skyranch, Lots 1-355, Blocks "A" and "B," and Parcel "A" and
Common Areas "A" (Private Streets), "B" (Open Space) and "C" (Drainage Areas) recorded in Book
58 of Maps and Plats at page 58, recorded in the office of the Pima County Recorder, Pima County,
Arizona, located in the northwest one quarter of Section 5, Township 12 South, Range 13 East, Gila
and Salt River Meridian, Town of Marana, Pima County, Arizona, described as follows:
COMMENCING at a two -inch brass disk stamped "LS 13189" which marks the west and north ends
of the "Vasquez Lines" per said Record of Survey;
THENCE upon said "Vasquez Line ", South 0 degrees 34 minutes 07 seconds West, a distance of
174.93 feet from which the east quarter corner of Section 1, Township 12 South, Range 12 East
bears South 0 degrees 34 minutes 07 seconds West, a distance of 2145.19 feet;
THENCE perpendicular to said "Vasquez Line ", North 89 degrees 25 minutes 53 seconds East,
a distance of 75.00 feet to the south end of the northwest return of said Common Area "B ", curve
number C407 per the plat of said Skyranch subdivision, marked by a 5/8" rebar tagged RLS 15557,
and being the POINT OF BEGINNING;
THENCE upon the east right of way of Camino de Oeste being also the west line of said Common
Area "B" and a line parallel with and 75.00 feet east of the Vasquez line per said Record of Survey,
South 0 degrees 34 minutes 07 seconds East, a distance of 897.35 feet to a corner marked by a
5/5" rebar tagged RLS 18557;
THENCE North 51 degrees 38 minutes 07 seconds East, a distance of 1552.34 feet to a corner
marked by a 5/8" rebar tagged RLS 15557;
THENCE North 32 degrees 23 minutes 45 seconds East, a distance of 232.19 feet to the south right
of way of Tangerine Road per the plat of said Skyranch subdivision and per said Record of Survey,
marked by a 5/8" rebar tagged RLS 18557;
THENCE upon the south right of way of Tangerine Rd, being also the north line of said Common
Area "B" and a line parallel with and 150.00 feet south of the Vasquez line per said Record of
Survey, South 89 degrees 23 minutes 30 seconds west, a distance of 1483.43 feet to point of
curvature at the east end of said curve 0407 marked by a 5/8" rebar tagged RLS 15557;
Thence upon the arc of said tangent curve, having a radius of 25.00 feet and a central angle of
89 ", an arc distance of 39.25 feet to the POINT of BEGINNING.
The above described property has an area of 15.00 acres.
See Sequence Number 20150510100, recorded in the
Office of the Pima County Recorder, Pima County, Arizona,
Prepared for the Town of Marana by PSOMAS
Project No. 7TMAl20401
A1�D
CID 18557
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EXPIRES 9/30/16
EXHIBIT B TO REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT
SPECIAL WARRANTY DEED
Exempt: ARS § 11 -1134 (A) (3)
The TOWN OF MARANA an Arizona municipal corporation ( "GRANTOR " ), for TEN
DOLLARS and other valuable consideration, does hereby convey to SKY RANCH
HOMEOWNERS ASSOCIATION, INC., an Arizona non - profit corporation ( "GRANTEE " ), the
following described real property situated in Pima county, Arizona:
PARCEL "A" OF SKY RANCH SUBDIVISION As DESCRIBED IN THE PLAT RECORDED
IN THE OFFICE OF THE PIMA COUNTY RECORDER AT BOOK 58 OF MAPS AND
PLATS, PAGE 5
This conveyance and the warranties contained in this instrument are hereby
expressly made subject to existing encumbrances, covenants, conditions, restrictions,
rights of way and easements of record, and the said grantor will only warrant and forever
defend the right and title to the above described property unto the said GRANTEE
against the claims of those persons claiming by, through or under GRANTOR, but not
otherwise.
DATED April , 2015.
ATTEST:
Jocelyn C. Bronson, Town clerk.
T OWN OF MARANA, ARIZONA
Ed Honea, Mayor
APPROVED AS To FORM:
Frank Cassidy, Town Attorney
STATE OF ARIZONA
County of Pima � ss.
The foregoing instrument was acknowledged before me this day of April, 2015,
by Ed Honea, Mayor, on behalf of the Town of Marana.
(Seal)
Notary Public
{ 000 41 033.DOC 4
EXHIBIT C TO REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT
SPECIAL WARRANTY DEED
Exempt: ARS § 11 -1134 (A) (3)
SKY RANCH HOMEOWNERS ASSOCIATION, INC., an Arizona non - profit corporation
( "GRANTOR "), for TEN DOLLARS and other valuable consideration, does hereby convey
to the TOWN of MARANA, an Arizona municipal corporation ( "GRANTEE " ), the following
described real property situated in Pima County, Arizona:
SEE LEGAL DESCRIPTION ATTACHED TO THIS INSTRUMENT AS
EXHIBIT A AND INCORPORATED HERE BY THIS REFERENCE
This conveyance and the warranties contained in this instrument are hereby
expressly made subject to existing encumbrances, covenants, conditions, restrictions,
rights of way and easements of record, and the said grantor will only warrant and forever
defend the right and title to the above described property unto the said GRANTEE
against the claims of those persons claiming by, through or under GRANTOR, but not
otherwise.
DATED April , 2015.
SKY RANCH HOMEOWNERS ASSOCIATION,
INC.
Mark Simpson, President, Board of
Directors
Pamela Berry, Secretary, Board of
Directors
STATE OF ARIZONA
County of Pima } ss.
The foregoing instrument was acknowledged before me this day of April, 2015,
by Mark Simpson, President, and Pamela Berry, Secretary, Board of Directors of Sky
Ranch Homeowners Association, Inc., an Arizona non - profit corporation, on behalf of
the corporation.
(Seal) Notary Public
{00041 U34.DOC �