HomeMy WebLinkAboutResolution 2016-024 Approving Purchase of Penny Cardinal PropertyF. ANN RODRIGUEZ, RECORDER
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TOWN OF MARANA
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MARANA RESOLUTION NO. 2016-024
RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE TOWN
ENGINEER TO EXECUTE AN AC AGREEMENT & ADMINISTRATIVE
SETTLEMENT AND ALL OTHER DOCUMENTATION NECESSARY FOR THE
PURCHASE OF PROPERTY RIGHTS NEEDED FROM PENNY CARDINAL FOR THE
TANGERINE CORRIDOR/TANGERINE ROAD,, TWIN PEAKS TO LA CANADA DRIVE,
TOWN OF MARANA PROJECT NO. ST021
WHEREAS the Town of Marana is constructin the Tan Corridor/Tan Road,
Twin Peaks to La Canada Drive, Town of Marana Project No. 2005-061 (RTA ST021),, (the
"Tan Road Pr and
WHEREAS the Town of Marana needs to ac propert ri from Penn Cardinal to
construct the improvements needed for the Tan Road Project ( the "Needed Propert and
WHEREAS Town staff has ne an Ac A & Administrative
Settlement with Penn Cardinal Council for ac of the Needed Propert the terms of
which exceed Town staff s g eneral authorit for ac of propert ri needed for the
Tan Road Project and
WHEREAS the Ma and Council of the Town of Marana find that the ac or
condemnation of the Needed Propert is necessar for the public health, safet and welfare of the
citizens of Marana.
NOW, THEREFORE, BE IT RESOLVED b the Ma and Council of the Town of
Marana, Arizona,,, authorizin the Town En to execute the Ac A &
Administrative Settlement in substantiall the form attached to and incorporated in this
resolution as Exhibit A, and to execute all other documentation necessar for the purchase of the
Needed Propert from Penn Cardinal for the Tan Road Project.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA,, ARIZONA, this Is' da of March, 2016. J
A
Ma Edponea
APPRO D AS TO FORM:
PROV D AS TO
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, Town
ank Ca d Town Att nev
20160780439
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03/18/2016
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00045426.DOCX /I
Marana Resolution No. 2016-024 2/23/2016 1138 AM FJC
Exhibit "A"
MARANA
N I ���
NIIOVI�=/ I \N,
ENGINEERING DEPARTMENT
" ACQUISITION AGREEMENT & A aETTLEMfNT
---------------------- ------------------- . . . .......
This Agreement is made by and bet ween penny L. Cardinal, a married woman a her sole and
separate property ("Owner "), and the Torn of Marana, an Arizona. municipal corporation
("Town."
1. Property and Acquisition Amount, The Owner owns the property described in instrument
recorded on October 14, 2014, in Docket 1 2407, Page 5443 in the P ma County recorder's
Office, including all improvements located thereon {the "Property The Town has
determined the need to acquire fee title to public rights-of-way and a dr ainage easement
(the "Acquisition Area "), described in Exhi "A In lieu of court proceedings to acquire the
Acquisition Area by eminent domain, the owner agrees to sell and the Town agrees to
acquire fee title and a drainage easement to the Acquisition Area for the total sum of
$5 0 000,00 {the "Revised Acquisition Amount " },. subject to the terms and conditions set
forth below:
$50
Revised Acquisition Amount
$2,500.00
Estimated Closing Costs
$521 500.00
Total Not to Exceed Amount
. Risk of Loss for Damage to Improvements. The O wner shall be responsible for the risk
of loss for any and all damage to the improvements located on the Acquisition Area prior to
close of escrow.
3. Special warranty Deed Document. The Owner shall execute a Special. Warranty Deed
conveying title to the Town for the public right of way and a Dedication Deed of Easement
conveying interest to the Town for the drainage easement, free and clear of all liens and
encumbrances, upon deposit of a funds to the escrow company. said documents shall be
recorded upon receipt of all funds at which time all funds due to Owner shall be released to
Owner.
4. No Salvage. The Owner shall not salvage or remove any fixtures, improvements,
vegetation, located within the Acquisition Area. Personal property may be removed prior to
close of escrow.
5. Escrow and Prorations. The Acquisition Amount shall be paid - in full at closing. (a) The
date of closing shall be used for proration of rents, property taxes. and other similar costs,
{b} assessments due for improvement districts shall be paid in full by the Owner prior to
Marana Mayor and Council Approval: solution No.: 2014 -089, Dated Oct. 7, 2014
1 1T12S 1812E TANGERINE ROAD_ CORRIDOR agj_qgt_ No. � �` -021_
Parcel No, 216-02-008F Acquisltian Agreement for Penny L. Cardinal
Paoe I of 8
PI -111"
closing, and (c) property taxes shall be prorated based upon both the date of closing and
the size of the Acquisition Area.. Taxes will be prorated based upon the proportion of the
Acquisition Area to the Owner's entire assessed parcel.
6. security Interest. Monies payable under this Agreement may be due :holders of notes
secured by mortgages or deeds of trusts "Lienholders " }, up to and including the total
amount of unpaid principal, interest and ,penalty. Those sums shall, upon demand, be paid
to the L.ienholders. Owner shall obtain from the Lienholders releases for any fee transfer
and. consents for any transfer of an easement for the Acquisition .Area.
7. Possession and close of Escrow. Possession of the Acquisition Area shall be given to
theTown at the date of closing. dose of escrow will occur within 4 days of Council .... ,.-I'll, ........ ... ....... ......................... .............. ....... ... ...........................................................................................................................I—.........................11.1.1.................................... .- ............................- 1111................ - 1111....- 1111...
......... . .. . ............. . y
Approval, but in any event no later than 00 days from. execution of this agreement after
which. time Owner shall have the option to cancel or renegotiate acquisition amount.
B. Environmental Representations. The Town and the owner agree that neither party is
assuming any obligation of the other party relating to any potential liability arising from the
environmental condition of the . Acquisition Area. Each party shall remain responsible for its
obligations as set forth by law. The owner hereby represents and warrants that, to the best
of owner's knowledge, no pollutants, contaminants, toxiG or hazardous substances, wastes
or materials have been - stored.., used or located on the Property or within any surface or
subsurface waters thereof; that no underground tanks have been located on the Property;
that the Property is in compliance with all Federal, state and local environmental laws,
regulations and ordinances, and that no legal action of any kind has been commenced or
threatened with respect to the Property.
0. Environmental Inspection Rights. The owner shall permit the Town to conduct such
inspections of the Property as the Town deems necessary to determine the environmental
condition of the Acquisition Area. If environmental inspections do not specifically identify
contamination but indicate a potential for contamination and recommend further testing or
inspection, the parties hereby agree to extend the date of closing to at least 30 days after
the report for such additional testing or inspection is completed on behalf of Town. If any
environmental inspection reveals the presence of contamination or the need to conduct
environmental clean-..up, the Owner shall remediate all contamination within the Acquisition
..Area adequate to bring it into compliance with all applicable Federal, State or local
environmental regulations: prior to Closing or the Town or owner may terminate this
agreement.
10. No Leases. The Owner warrants that there are no oral or written leases on all or any
portion of the Acquisition Area.
11. Broker`s Commission. Neither the Owner nor the Town shall be responsible to pay
brokerage or finders' fee related for this transaction.
12. closing costs. Expenses incidental to transfer of title, including. title reports, recording
fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid by the Town.
13. Right of Entry. This agreement grants the Town, its employees, agents, and consultants,
the right to enter the Property effective as of the date this agreement is signed on behalf of
the owner, which shall terminate when the Town takes title to the Acquisition Area or in 130
barons Mayor -and COU ncil Approval; Resolution No.: 2814 -089, Dated Oct. 7, 2014
S 1 IT`l 2 /R'l E TANGERINE ROAD CORRIDOR Pr o'oct No. s T --021
Parcel No. 216-02-008F Acquisition Agreement for Penny L. Cardinal
Page 2of8
[ / d
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days, whichever occurs first. The Town shall be responsible to repair any disturbances or
damage from any inspections and/or testing conducted by the Town or its agents in the
event the Town fails to close escrow.
14. No sale. Owner shall not sell or encumber the Acquisition Area prior to close of escrow.
15, conflict of interest. This Agreement is subject to A.R.S. §38 -511 which provides for
cancellation of contracts by the Town of Marana for certain conflicts of interest.
I6. survival of representation and Warranties. All representations and warranties
contained herein shall survive close of escrow.
1'7. Entire Agreement. This signed document shall constitute the entire Agreement between
the parties:. No modification or amendment to this Agreement shall be binding unless in
writing and signed by both parties. The performance of this Agreement constitutes the
entire consideration by the Town, including just compensation for the Acquisition Area and
severance damages to any remainder property (except as des cri be d in #13) and shall
relieve the Town of all further obligation or claims relating to Property.
13. Exhibits, Any exhibit attached to this Agrernent shall be deenned to be incorporated by
reference with the same force and effect as if fully set forth in the body of this Agreement.
19. Compromise and settlement. The: parties to this Agreement ac knowledge that the
Acquisition Amount is not .necessarily market value, but was agreed through compromise
and settlement to avoid litigation.
20.. council Approval. This Agreement is subject to approval by the Town Council of the
Town of Marana.
21, real Estate Licensee Acknowledgem All parties acknowledge owner is a licensed
real estate broker in the State of Arizona. Owner has not employed any broker or finder
related. to this transaction.
Fenny L. cardinal
Town of Marana, an Arizona municipal
corporation
Keith. Brann, P.E., CFM, Torn Engineer
Town of Marana, lead agency by
Marana Resolution 2014-089
Date:
.Approved as to form:
Frank Cassidy, Town Attorney
Marana Mayor and Council Approval Resolution No. 2014 -089, Dated Oct. 7, 2014
S1 IT12S 1R 2E TANGERINE ROAD CORRID R � rJ ct No. S -02'x
Parcel No. 216-02-008F uisition Agreement for Ronny L. cardinal
Page 3 of 8
STATE OF A_rl-
) SS.
Coun of_ (��� )
eq
The fore instrument was acknowled before me this da of
2016 b Penn L. Cardinal. �����
In Witness Whereof, I have set m hand -and official seal.
........................ . EAR:: ....... .... ....... . .. .... ....... . . .. .. ........ .. ..... ..... ........... .......... ... . . . ..... ..... . ... .. .. .. .. ....
--- --- A
GEORGE A. CARDIEM Notar Public
Notary Public - Arizona.
Pima Count
M Comm. Expires Sep 4, 201
_94V MW qW
Morava N/la and COLInCil Approval: Resolution No,: 2014-089, Dated Oct. 7, 2014.
s i / 2S /R 1 21 -AN ROAD. CORRIDOR Proi
FT ect No. ST-021
P roe[ No. 216-02-008F C S
a A q ui ition A for Penn L Cardinal
Pa 4 of 8
Jul 131 2015
EXHIBIT "'A"
RIGHT-OF-WAY
PIMA COUNTY TAX PARCEL 2-16-02-0088
That portion of the propert described in Docket 12407, pa 5449, recorded in the Pima bount
Recorder's Office, Pima Count Arizona, located in Lot 3, Section 1, Township 12 South, Ran 12 East,
Gila and. Salt River Meridian, Pima Count Arizona, lying north of a line that lies 100.00 feet south of
and parallel with the north line of said Se'ction.
........... ................ . .. ... .. .. ..... . .... .................. ...... .......... 1.111,11.1.1.111.11.11-11-I.I.I.-I..,.",.I ................. ................. ......... . ..... ................. .... ... . ......... .................. ............... .. .. ....... . .... .. 1.1.1-1.111,111.11,1111-11.11.111.1-1.11.1I ...... .........
SECONDARILY described as follows:
BKIN..KING at the northeast. corner of said propert upon the south ri of Tan Road;
THENCE upon said south ri South 89: de 26 minutes 13 seconds West, a distance of
.314,43 feet to the northwest corner of said propert monumented b a 1-1/2 inch galvanized. pipe*
THENCE upon the west line of said propert South 0 de 44 minutes 03 seconds East, a distance of
50V02. feet to a fine 100.00 feet south of and parallel with said section line-
THENCE upon said fine, North: 89 de .25 minutes 27 seconds East., a distance of 314.43 feet to the
east line of said propert
TRENCE upon said east line, North 0 de 44 minutes 15 seconds West. a distance of 4.9.95 feet to
the POINT OF BEGINNING.
As a corollar containin approximatel
151717 s ft. or 0.3608 ac,
See Exhibit B attached hereto.
Prepared for the Town of Marana.b OSOMAS
Project No. 7TMA130101
L AN.
�xf GA -
'
1 8557
J. o.
TEAGUE
A ii
EXPIRES 9/30/16 RW 45
T:\7TMA130101\SURVEY�LEGALS\ RW-45-216-02-008F\RW-45-216-02-008F__Le I. RTF P 1 of 2
Marana Ma and Council Approval, Resolution No. 2014-0891 Dated Oct. 7, 2014
J ---
S1 ITI 2 /R'1 2E TkIGERINE ROAD CORRIDOR P No. ST-021
S
Parcel No. 216-02-008F Ac A for Penn L. Cardinal
Pa 5 of 8
f ll� tl/
NW OOR. SEC. 1
2. B0 IN HAND HOLE MND
""TOWN OF WARANA RLS 19316"
0 C Q
Y_ �R�S�7"Yy� 263 _ (B
TANGERINE ROAD N' 1/4 COR.SEC 1
(5O' per BK 7, PG. 83 RJW.) 2' B] MKD
"PLS 352,35'
______�___--_--�—«----__n_-------o----���
LINE
BEARING
DISTANCE
—1
1 /2" GALVANIZED PIPE
ES- IT
B802 G
7 . . ... ..... 7,";
L4
N00*44 15"W...(C),
49,05
DE 27
CARDINAL, �PENNY L.
DKT. 12407, PG 5449
LINE
BEARING
DISTANCE
L4
N00*44 15"W...(C),
49,05
NOTE: (C): CALCULATED
VE PRIMARY PROPERTY DESCRIP110N AND 13
INCLUDED AS -AN AID TO DEIMMINING THE AREA Of THE PROPERTY DESCRIBED,
OF RECORD, SURVEM AND.CALMLAVD DATA. INFORMATION WAS -COMPM FROM TOWN OF MARANA
RIGHT—OF�WAY PLAN NO, 2013-007,: PROJECT NO. STO21, TANGERINE ROAD CORRIDOR AND PUBLIC RECORDS IN
*DIE OMCE OF THE PIWA COUNTY RECORDER, PIMA COUNTYs ARIZON& PAR11CULARLY IN SEQ, 20122980200� AND
THE WHNG DEED or THE SUBJECT PROPERTY, SCALE: 1'-60'
EXHIBIT IP P1
PIMA COUNTY TAX. PARCEL 216-02--008F
RW 45
333 E. Wetmore Road, RIGHT—OF—WAY
>N Suite 450, Tucson, AZ 85705 LOT 3 SEC.. 1t T12S, R12E
Tel(520) .292-2300
GILA SALT RIVER MERIDIAN, PIMA COUNTY, AZ
7TMA1 301 DATE: 7/13/2015 DRAWN BY: CL EXHIBIT
Marana Ma and Council Approval: Resolution No." 2014-089, Dated Oct. 7s 20,14
el No. 216-02-008F Ac A for Penn L. Cardinal
Pane 6Of8
L~
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`
Jul 17
EXHIBIT "A"
DRAINAGE EASEMENT
PIMA COUNTY TAX PARCEL 216-02-008F
That portion of the propert described in Docket 12407., pa 5449, recorded In the Pima
9 COUnt
Reco.rdet's Office, Pima Count Arizona, located In Lot 31, Section 1, Township 12 South, Ran 12 East,
Gila .a.nd Salt River Meridian, Pima Count Arizona, described as follows:
COMIVIEVCINI� at the northeast corner of said - r - h - of
..... ......... .............. . ....... p Q .... uVon-the-sout --right'... T,way-of-Tan
Road; P
THENCE upon the east line of said propert South 0 de 44 minutes 15 Seconds East, a distance of
49.95 feet to the POINT OF BEGINNING,
THENCE continue upon said east line, South 0 de 44 minutes 15 seconds East, a distance of
220.00 feet to a line 320.00 feet south of and parallel to the north line of Lot .3-
I distance 0 11
THENCE upon said line, South 89 degrees 25 minutes 27 seconds West,. a dist n f 5,62 feet,;
THENCE perpendicular to said north line, North 0 de 34 minutes 33 seconds West, a. distance of
220.00 feet to a line 100.00 feet south of and parallel to the north line of Lot 3.
THENCE upon said line,, North 89 de 25 minutes 27 seconds East, a distance of 115.00 feet to the
POINT OF BEGINNING.
Asa corollar containin approximatel
25,365 s ft. or 0,5823 ac.
See Exhlbit:13attached hereto,
Prepa'red for the Town of Marana b PSOMAS
Pr oi. ject No, 7TMA130101
P A::
A
1 557
J.O.
TEAGUt
ly
k .... Q�
EXPIRES 9/30/16 RBI 45
T�.-\7TMA!30101\SURVEY\LEGALS\RW-45.216-02-008F\DE--27-216-02-008F-Le P I of 2
Marano Ma and Cou.ncil Approval: Resolution No.: 20 Dated Oct. 7, 20,14 - - --
S1 - /T1 2S /R1 2E TANG,E131NEROAD CORRIDOR Prof t No. ST
Parcel No. 2 c A for Penn L. Cardinal
. .. .... .. ................... . . .....
Pa 7 of 8
NW 1/4 GO R, SEC. 1 N. 1/4 COR. SEC I
2 tf BD IN HAND HOLE MKD*, TANGERINE ROAD
(50' per BK- 7,� PG. 83 R.M.) 2jo Bf) MKD,
I
'*TOWN OF MARANA RLS 19�3516 fPL 35235
S 89"25'27" W (B4O.8.) 2637,64'
EXISTING— P404c"
RIGHT—Or—WAY
25 TEP ESMT
....................................... ...... ....... .................... .... .... ........... . .............. �DKT. 68.02, PG* 1274,
.................. ... . ..... ............................. .................................... ............... :�' ......... ....... .... ..... .. ... .....
L5
7
ATf>Hd1nH6�N ,� !%PYf Y/n f' '�p1S�A Nt��� PROPOSED7 fefW YY.MY. ef' -+fv xe!n� '9�y .. .. �� /•
azi 100,00
RIGHT—O WAY
DE 27
X
SO* FT,±
le,
A
216-02-008F
CARDINAL., PENNY L,
UKT,Y 124074 PG 5449
L3
OLATED
COW.MY DESMPTM AND DEP1010N ARE SEWNDARY TO THE WMARY. PROPERTY DL%V'TKW4 MD IS
74L. SE
Mfim$ SHM AK A MIXIVRE
MCLUDE0 ARU Of 7)X PROPERTY DESMED..
AS AN AO T DETERM TK ME
OF REM% SURVEM AND CALCULATE00 ATA. *MMION WAS.WMPILED 00M TOft W, MARANA
RIMT-OF-WAY KAN NO. 2013-007* PR"MNO. ST021, TANGERVE ROAD COMM% M0 PUBUC R500RDS w
THE OFFM �Of THE PIMA COUNTY RECQRUJ� PWA COUNTY, AMZONA PWICOMLY IN SM 201229W20% AND
NLb THE YESnNG DEED OF THE ".ECG' PROMM
EXHIBIT "151"
P S 0 M A S PIMA COUNTY TAX PARCEL 216-02—OOBF
333 E. Wetmore Road,
RIGHT—OF—WAY
$wife 450, Tucson, AZ 85705 LOT 5, SEC, 1 * T1 2% R I 2E
Tel(520) 292-2300 GILA & SALT RIVER MERIDIANP PIMA COUNTY, AZ
14
7TMA-1 30101
DATE; 7/16/2045 DRAWN BY,; CL
S
CA LEI .111-60*
DE 27
Martina Ma and Council Approval: Resolution No.: 2014-089, Dated Oct. 7, 2014
S 1 /T1 2S /R1 2E TA�GFERINE ROAD CORRIDOR Proiect No. S 02
F"'arcel No. 216-02-0088 T Ac q uisition A for Penn L Cardinal
Pa 8 of 8