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Home My WebLink AboutResolution 2016-041 Approving Acquisition Agreement from B.K.W. Farms, Inc. and Vulcan Materials CompanyF. ANN RODR I GUE Z , RECORDER Recorded By: LW DEPUTY RECORDER 41 SMARA TOWN OF MARANA PICKUP 11 111111111111111111111111111111111111111111111111 I 11111 I 11 oF bI �C I O� SEQUENCE: 20161130036 NO. PAGES: 10 gEg 04/22/2016 'nIZOr" � 9:42:44 PICK UP AMOUNT PAID: MARANA RESOLUTION NO. 2016 -041 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ACQUISITION AGREEMENT AND AUTHORIZING TOWN STAFF TO EXECUTE ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM B.K.W. FARMS, INC. AND VULCAN MATERIALS COMPANY FOR THE TANGERINE/DOWNTOWN SEWER CONVEYANCE SYSTEM, TOWN OF MARANA PROJECT NO. WRO10 WHEREAS the Town of Marana is constructing the Tangerine /Downtown Sewer Conveyance System, Town of Marana Project No. WRO10, (the "TD Sewer Project "); and WHEREAS the Town of Marana needs to acquire property rights from B.K.W. Farms, Inc. and Vulcan Materials Company to construct the improvements needed for the TD Sewer Project (the "Needed Property "); and WHEREAS Town staff has negotiated an Acquisition Agreement with B.K.W. Farms, Inc. and Vulcan Materials Company for acquisition of the Needed Property, the terms of which are consistent with the independent appraisal; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Mayor to execute the Acquisition Agreement in substantially the form attached to and incorporated in this resolution as Exhibit A, and authorizing Town staff to execute all other documentation necessary for the purchase of the Needed Property from B.K.W. Farms, Inc. and Vulcan Materials Company for the TD Sewer Project. PASSED AND ADOPTED BY THE MAYOR AND COU C IL OF THE TOWN OF 1. MARANA., ARIZONA, this I 91 day of April, 2016. I r ` SS fe..�R ae M 9 MAR- ATT 0 ►'��y ( ?oce ; 1 l e n y ypronson, Town Clerk 0004633 5. DOCX /I Marana ResolLltiotl No. 2016 - 041 r APPROVED AS TO FORM: IN rolc Cas4dy, Tow,r(At/rney 4/11/2016 10:57 AM F]C $9.50 10 ENGINEERING DEPARTMENT This Agreement is made by and among B.K.W. FARMS, INC. (th "Owner"), an Arizona corporation VULCAN MATERIALS COMPANY (the "Lessee "), a New Jersey corporation; and the TOWN of MARANA (th "Town "), an Arizona municipal corporation. The Owner, the Lessee, and the Town are sometimes collectively referred to as the "Parties," any of which is sometimes individually referred to as a "Party." 1. The Property and Acquisition Amount. The Owner owns the property currently identified as Pima county Assessor's Parcel Number 216- 14 -005A consisting of approximately 140 acres in the Northwest Quarter of Section 7, Township 12 South, Lange 12 East and referred to in this Agreement as the "property." The Lessee has a Mining Lease from the Owner that includes the Property. 2. The Acquisition. The Town needs to acquire a public Sewer easement and a temporary construction easement (collectively the "Takes ") from the property. The Takes are described and depicted in ExhibitS "A" and "S ". In lieu of court proceedings to acquire the Takes by eminent domain, the Owner and Lessee agree to sell and the Town agrees to acquire the Takes for the total sum of $3,723.00 (the "Acquisition Amount "), subject to the terms and conditions set forth below: $3,723.00 Acquisition Amount $750.00 Estimated closin costs $4,473.00 Total estimated amount 3. Risk of Loss for Damage to Improvements. The Owner and the Lessee shall be responsible for the risk of loss for any and all damage to the improvements (if any) located on the Takes prior to close of escrow, 4. Conveyancing Instruments. Upon execution of this Agreement the Owner and the Lessee shall deposit into Escrow one or more conveyancing instruments and other documentation necessary to convey the Takes to the Town free and clear of all liens and encumbrances. 5. No Salvage. Neither the Owner nor the Lessee shall salvage or remove any fixtures, improvements, or vegetation, located within the Takes. Personal property may be removed prior to close of escrow. 0. Escrow and Prorations. The Town shall pay the Acquisition Amount in full at closing. The date of closing shall be used for proration of rents, property taxes and other similar costs, to the extent they are affected by the Takes. 00045933.DOCX /1 3/2112016 1 1:18 AM FJ C F '.{ ; '._1 s ` � � i • �.. r S i S�' i � r..' i :. � ti i . � [... a - , - ...' ,•''{ � k.. S ; i ;i ! S } ........... .......... . ............ . . t E 5... .... t ; Z 3 �r .' ......... ... .... .. .- j i� S -� .1 "' f� IZ d:. ��,[ 3 . f � t.. � � L' �� is •�. f i -J } t. J1 cf E iix i••• '! 'i 1.1 � f /�•` � f f � �. ''� j f =' 3:.:.: ; i.f 5 � f ..� 5 ! ...1 Z � �� •'Z 3 : � [ Page I of 3 7. Securit Interest. Monies pa under this A ma be due holders of notes secured b mort or deeds of trusts ( "Lienholders "), up to and includin the total amount of unpaid principal, interest and penalt Those sums shall, upon demand, be paid to the Lienholders. The Owner and the Lessee shall obtain from their respective Lienholders (if an releases for transfer of the Takes. 8. Possession and Closin Possession of the Takes shall be g iven to the Town at the date of closin Closin shall occur on or before the later of (a 45 da after the date this A is approved b the Marana Ma and Council or (b) 45 da after receipt of all necessar releases or consents from an Lienholder. 9. Environmental Representations. None of the Parties is assumin an obli of an other Part relatin to an potential liabilit arisin from the environmental condition of the Takes. Each Part shall remain responsible for its obli as set forth b law. The Owner and the Lessee hereb represent and warrant that, to the best of their knowled no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or located on the Propert or within an surface or subsurface waters thereof; that no under tanks have been located on the Propert that the Propert is in compliance with all federal, state and local environmental laws, re and ordinances; and that no le action of an kind has been commenced or threatened with respect to the Propert 10. Environmental Inspection Ri The Owner and the Lessee shall permit the Town to conduct such inspections of the Propert as the Town deems reasonabl necessar to determine the environmental condition of the Takes. If environmental inspections do not specificall identif contamination but indicate a potential for contamination and recommend further testin or inspection, the Parties hereb a to extend the date of closin to at least 30 da after the report for such additional testin or inspection is completed on behalf of Town. If an environmental inspection reveals the presence of contamination or the need to conduct environmental clean-up on the Takes, the Owner and/or the Lessee ( as the shall determine appropriate) shall remediate all contamination within the Takes ade to brin the Takes into compliance with all applicable federal, state or local environmental re prior to Closin or the Town ma terminate this A 11. No Leases. The Owner and the Lessee warrant that there are no oral or written leases or subleases on or affectin all or an portion of the Takes other than Lessee's Minin Lease described above. 12. Broker's Commission. No broker or finder has been used and the Town shall owe no brokera or finders' fee related to this transaction. The Owner and the Lessee are responsible to pa all brokera or finders' fees to an a the have emplo 13. Closin Costs. The Town shall pa expenses incidental to transfer of title, includin title reports, recordin fees, escrow fees, releases and Owners Title Insurance Polic 14. Ri of Entr This A g rants the Town, its emplo a and consultants, the ri to enter the Takes effective as of the date this A is si on behalf of the Owner and the Lessee. At close of escrow, this ri of entr will be replaced b the Takes. This ri of entr terminates in 180 da if close of escrow has not y et occurred. 15. No Sale. Neither the Owner nor the Lessee shall sell or encumber the Takes prior to close of escrow. 00045933. DQCX 11 3/21 /201 6 11:18 AM FJC .......... . ......... Pa 2 of 3 16. Conflict of Interest. This A is sub to A.R.S. § 38-511 which provides for cancellation of contracts b g overnment entities for certain conflicts of interest. T. Survival of Representation and Warranties. All representations and warranties contained in this A shall survive close of escrow, 18. Entire A This si document shall constitute the entire A amon the Parties. No modification or amendment to this A shall be bindin unless in writin and si b the Parties. The performance of this A constitutes the entire consideration b the Town, includin just compensation for the Takes and severance dama to an remainder propert and shall relieve the Town of all further obli or claims relatin to Propert for the Takes. 19. Exhibits. An exhibit attached to this A shall be deemed to be incorporated b reference with the same force and effect as if full set forth in the bod of this A 20. Compromise and Settlement. The Ac Amount is the Town's appraiser's determination of market value. The Parties acknowled that the Ac Amount was a upon throu compromise and settlement to avoid liti 21. Council Approval. This A is subject to approval b the Town Council of the Town of Marana. IN WITNESS WHEREOF, the Parties have executed this instrument as of the last si date below. The "TOWN": TOWN OF MARANA, ar, Arizona municipal corporalio B Ed Hon , Ma Date: � � �� ° APPROVED AS TO CONTENT: By: - - V n Kmiec, Water Director APPROV FORM: __ 4 �. The "OWNER ". B.K.W. FARMS, INC., an Arizona corporation B Brian K. Won President Date: � D (' 7 �'� � The "LESSEE". VULCAN MATERIALS COMPANY, a New Jerse corporation B Its: Date: 3/21/2016 11.18 AM RX, Marana klayor ancl Council Approval: R esolutim No. 2016- A 4�1. S 7 /TJ 2S 1R1 2E TANGERINC-I'DOWNTOWNSEWER GONVEYANCE SYSTEM Cl-P-. RO10 Parcc%l No. 216-14-005A - Ac q uisilion A for B.K.W. Fcir(ns, ItIC. & VL-dcan Materials Compan Pa 3 of 3 00045933.DOCX 11 DESCRIPTION OF A PUBLIC SEWER EASEMENT DESCRIPTION of a public sewer easement over, under and across a portion of Pima Count Assessor Parcel No. 216-14-005A, located in the Northwest Quarter of Section 7, Township 12 South, Ran 12 East, G&SRM, Pima Count Arizona, Said easement bein more full described as follows. COMMENCING at the Center of said Section 7, marked b a found 2-inch brass cap, from which the North Quarter corner of said Section, marked b a found 2-inch pipe with nail, bears North 00039'27" West, a distance of 2639.97 feet; THENCE alon the East line of said Northwest Quarter, North 00"39'27" West a distance of 50.00 feet to a point on the North ri line of W. Avra Valle Road; THENCE alon said ri line, South 89'29'39" West a distance of 31.22 feet to the POINT OF BEGINNING, THENCE continuin South 89'29'39" West a distance of 30.00 feet; THENCE departin said line, North 00*56'45" West a distance of 139.84 feet; THENCE North 00'20'09" West a distance of 589.42 feet; THENCE South 89039'51 " West a distance of 10.00 feet; THENCE North 00020'09" West a distance of 384.95 feet; THENCE North 00c'08'15" East a distance of 733.77 feet more or less, to a point on the North line of said parcel THENCE alon the North line of said parcel, South 63'10'29" East a distance of 56.18 feet; THENCE departin said North line, South 00"09'13" West a distance of 708.32 feet; THENCE South 00'20'09" East a distance of 384.75 feet THENCE South 89"39'51 " West a distance of 10.00 feet; THENCE South 00'20'09" East a distance of 589.26 feet; THENCE South 00'56'45" East a distance of 139.91 feet to the POINT OF BEGINNING. EXHIBIT A TO ACQUISITION AGREEMENT Pa 1 of 3 The above described easement contains 77,244 s feet or 1.773 acres of land, more or less. ,5'Ianlec (7onsidlin acce no 11'abilif.i.-fin- ildy (leser �1'il has been wwlifiecl or nfionnatte(I in an iv ail. fi-oin its or i and conlent, or ony purpose other 1han WhiCh it 11YU (Wi infewlect Prepared b Warren D. Thompson, RLS 16908 Prepared on Ma 29, 2015 1690 o' Prepared for and on behalf of Stantec Consultin Services Inc. WARF?Lrtq 0 . Project Number: 181300419 N �tR1 _ �� 7 r s Y ` ' � EXPIRES ON 9-30-2016 wAactivekl 8,1300419\surve EXHIBIT A TO ACQUISITION AGREEMENT Pa 2 of 3 0 LU 0 U-) --I I cv. ol %q ;L > COI- Zo DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION of a temporar construction easement over, under and across a portion of Pima Count Assessor Parcel No. 216-14-005A, located in the Northwest Quarter of Section 7, Township 12 South, Ran 12 East, G&SRM, Pima Count Arizona. Said easement bein more full described as follows: COMMENCING at the Center of said Section 7, marked b a found 2-inch brass cap, from which the North Quarter comer of said Section, marked b a found 2-inch pipe with nail, bears North 00"39'27" West, a distance of 2639.97 feet, THENCE alon the East line of said Northwest Quarter, North 00"39'27" West a distance of 50,00 feet to a point on the North ri line of W. Avra Valle Road THENCE alon said ri line, South 89029'39" West a distance of 21.22 feet to the POINT OF BEGINNING; THENCE continuin South 89*29'39" West a distance of 10.00 feet; THENCE departin said line, North 00*56'45" West a distance of 139.91 feet; THENCE North 00*20'09" West a distance of 589 26 feet; THENCE North 89'D39'51" East a distance of 10,00 feet; THENCE South 00020'09" East a distance of 589.21 feet; THENCE South 00056'45" East a distance of 139.94 feet to the POINT OF BEGINNING. TOGETHER WITH: COMMENCING at the Center of said Section 7, marked b a found 2-inch brass cap, from which the North Quarter corner of said Section, marked b a found 2-inch pipe with nail, bears North 00'39'27" West, a distance of 2639.97 feet; THENCE alon the East line of said Northwest Quarter, North 00'039'27" West a distance of 50.00 feet to a point on the North ri line of W. Avra Valle Road; THENCE alon said ri line, South 89"2939" West a distance of 61.22 feet to the POINT OF BEGINNING; THENCE continuin South 89"29'39" West a distance of 10.00 feet; THENCE departin said line, North 00056'45" West a distance of 139.82 feet; EXHIBIT B TO ACQUISITION AGREEMENT Pa 1 of 3 THENCE North 00"20'09" West a distance of 279.42 feet; THENCE West a distance of 11.51 feet; THENCE North 00"20'09" West a distance of 55,00 feet: THENCE East a distance of 10.04 feet; THENCE North 00*20'09" West a distance of 100.81 feet; THENCE East a distance of 1,47 feet; THENCE North 00'20'09" West a distance of 154.24 feet; THENCE North 89*39'51" East a distance of 10.00 feet; THENCE South 00*20'09" East a distance of 589.42 feet; THENCE South 00"56'45" East a distance of 139.84 feet to the POINT OF BEGINNING. The above described easement contains 15,366 s feet or 0.353 acres of land, more or less. Stantec Consuffin accepts no liabilit for this description if it has been inodified or reformatted in an wa from its ori formal and content, or used for an purpow other than thalfi)r which it wus ori iniended. Prepared b Warren D. Thompson, RLS 16908 Prepared on Ma 29, 2015 Prepared for and on behalf of Stantec Consultin Services Inc. Project Number: 181300419 EXPIRES ON 9-30-2016 wAact1ve\1 81300419\survey\legals\tc-esmt-apn_216-14-005a-20150326-doc EXHIBIT B TO ACQUISITION AGREEMENT Pa 2 of 3 NX Corner LINE TABLE Sec fion 7 LENGTH-.— M. L1 50-00 N00*J9 $ ly L2 1-22 S89*29 "39 V S89'029 "39 V APN 216-14-005A L4 13-9-91 N00'56 "45W rN, L5 589-26 N00`20'09 If TOWNSHIP 12 SOUTH L6 10.00 17- RANCE 12 EAST S00`20 "09"E SEC TION 0 7 L8 1J9&94 0'56. L 9 61.22 89 °9'9 IV Proposed S6jwef'---*, L 10 io 00 ....... S89 *29J9 V Fasement L I 1 139., 82 04r �64,� �V L 19 L 12 279.42 N00" 2Q126 "W L 6 L 13 1 1..5 1 WEST L 14 5500 NOO "20 '0'9 V iao4 MST L20 L 15 L 17 L 7 L 16 -- . NQO"20 P 09 V L 17 1.47 EAST L 18 154,24 NOO *20 09 V L L 19 moo *5 1 'OE N89 L5 L20 589r 42 SOO "20'R*9 �E L21 13914 S00*56#45 L 13 k- APN 216-14-0040 LE.TAIL 4 UJI L21 L 8 L L2 ......... ..... L 4 J, L10 L 9 P08 2 POR I AVRA VALLEY ROAD Pot"n t Of Be 2 Point of POC CO Point of Commencement 2 CX Corner Be I Section 7 Ma 2015 ORIGINAL SHEET - ANSI A 181300419 ww'MM Clenf/No TOWN OF MARANA TANGERINE/DOWNTOWN SEWER - WRO 10 Sta nte c R No. EXHIBIT B TO ACQUISITION AGREEMEN_T____1!.0 fiNe 5151 E. Broadway Blvd., Suite 4M APN 216-14-005A Tucson, AZ 85711 Pa 3 of 3 T,C.E, Exhibit www,stantec.com