HomeMy WebLinkAboutResolution 2016-045 Approving Acquisition Agreement and Settlement Jainarine Property for Tangerine Corridor/Tangerine RoadF. AN , RECORDER
By RODRIG W Z
Recorded :
DE PUTY RECORDER
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41
SEQUENCE:
20161310127
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05/10/2016
TOWN OF MARANA
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MARANA RESOLUTION NO. 201.6-045
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 STEPHEN K. JAINARINE AND
MARIA C. JAINARINE FOR 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. ST021, (the "Tan Road
Proj ect" and
WHEREAS the Town of Marana needs to ac propert ri from Stephen K.
Jainarine and Maria C. Jainarine to construct the improvements needed for the Tan Road
Pro ( the "'Needed Propert and
WHEREAS Town staff has ne an Ac A & Administrative
Settlement with Stephen K. Jainarine and Maria C. Jainarine 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 Stephen K. Jainarine and Maria C. Jainarine for the Tan Road
Proj ect.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN 01"
MARANA, ARIZONA, this 3`6 da of Ma 2016.
N
U�VAKI r Ma Ed Honey
ATTEST:
cel Bronson, Town Clerk
00046469.DOCX /I
Resolution No. 2016-045
FMA1 a - 0
FORM:
4/20/2016 2:16 PM FJC -7
v A
MLI
MARANA
ENGINEERING DEPARTMENT
ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT
-------------------------
This A is made b and: between Stephen K. Jainarine and Maria C. Jainar"
ine,
.husband and wife,'Clom u i. n t ` propert with ri of survivorship ("Owner"), and the Town of
Oro Valle an Arizona municipal corporation ( "Town" ) b the Town of Marana, an Arizona
-municipal corporation, and lead a
1, Propert and Ac The Owner owns the propert described in instrument
recorded on October 14, 2004, in Docket 12407 at Pa 14-86 in the P'm
I i a Count
Recorder's Office-, includin all improvements located thereon (the "Propert The Town
has determined. the need to ac fee title to public rights . -of-wa. (the "Ac Area").,
described in Exhibit "A" and shown on Exhibit "B". ln:I*I.eu of court proceedin to ac
the Ac Area b eminent domain, the Owner a to sell and the Town.a to
ac fee title to the Ac Area for the total sum of $65,162.00 (the "Revised
Ac Amount")., sub to the terms and conditions set forth below.-
$6.,16 ,00
Revised Ac Amount
$2,606.48
Estimated closin costs
$67,768.
Total Not to Exceed Amount
2. Risk of Loss for Dama to Improvements. The Owner Shall. be responsible for the risk
of loss for an and all dama to the improvements located on the Ac Area prior to
close of escrow.
3. Warrant Deed Document. Upon execution of this A g reement the Owner shall deposit
w ith the Town a Warrant conve to the I
I Town title to the Ac Area free and
clear of all liens and encumbrances.
4. No Salva The Owner shall not salva or remove an fixtures, improvements,
ve located within the Ac Area. Personal propert ma be removed prior to
close of escrow..
5. Escrow and .Proration, The Ac Amount shall be paid in full at closin (a) The
date of closin shall be used for proration of rents, propert taxes and other similar costs,
( b ) assessments due for improvement districts shall be paid in full b the Owner prior to
closin and (c) propert taxes shall be prorated based. upon both the date of closin and
the size of the Ac Area. Taxes will be prorated based upon the proportion of the
Ac Area to the Owner's entire assessed parcel.
Marana Ma and Council Approval - -. =Resolution No.: 2016-022, Dated March 1, 2016 .... .......
S:34/TllS/Rl3E TANGERINE ROAD CORRIDOR PROJECT NO. ST021
. . ... . ... .......... ...... .... .
Parcel No. 219-46-023A Ac q UiSition A for Stephen K and Maria 0. Jainarine
Pa 1 of 6
6. Securit Interest. Monies pa under this A ma be due holders of notes
secured b mort or deeds of trusts ( "L�lenholders " } 0 up t and includin the total
amount of unpaid principal, interest and penalt Those sums shall, upon demand, be paid
to the Lienholders.. Owner shall obtain from the Lienholders releases for an fee transfer
and consents for an transfer of an easement for the Ac Area,
7. Possession and Closin Possession of the Ac Area shall be g iven to the Town
at the date of closin Closin shall be on or before the later of (a) 45 da after the date
this A is approved b the Marana Ma and Council o r (b) 45 da after receipt of
all necessar or consents from an Lienholder.
8. Environmental Representations. Th e Town and the Owner a that neither part is
assumin an obli of the other part relatin to an potential liabilit arisin from the
environmental. condition of the Ac Area. Each part sha remain responsible for its
obli as set forth b law. The Owner hereb represents and warrants that, to the best
of Owner's knowled no pollutants, contaminants, toxic: or haz8rd.ous substances, wastes
or materials have been stored., used or located on the Propert or within an surface or
subsurface waters thereofi, 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 ordinance.s-,, and that no le action of an kind has been commenced or
threatened with respect to the Propert
Owner shall . 9 Environmental Inspection ffi The permit the Town to conduct such
inspections of.t.h.e Pro'part as the Town deems necessar to determine th..e environmental
condition of th Ac Area, 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
4k ,
the report for sucb additional testin or inspection is completed on behalf of Town. If an
environments inspection ins . pection reveals the presence of contamination. or the need to conduct
e . clean-up., the Owner -shall remediate all contamination within the Ac
Area ade to brin it into compliance with all applicable Federal, State or local
environmental re prior to Closin or the Town ma terminate this a
10. No Leases, The Owner warrants that there are no oral or written leases on all or an
portion of the Ac Area.
11. 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 has sole responsibilit to
pa all brokera or finders' fees to an a emplo
12. Closin Costs. Expenses incidental to transfer of title, includin title reports, recordin
fees, escrow fees., releases and Owners Title Insurance Polic shall be paid b the Town.
13. Ri of Entr This a g rants the Town, its emplo a and consultants,
the ri to enter the Propert effective as of the date this a is si on behalf of
the Owner, which shall terminate when the Town takes title to the Ac Area or in 180
da whichever occurs first.
14. No Sale. Owner shall not sell or encumber the Ac Area prior to close of escrow.
Marana Ma and Council Approva_i` - ---- - ------ I ... Resoiufion No.: 2016-022, Dated March 1, 2016
S341TIIS/R'13E TANG RI ENE ROAD CORRIDOR PROJECT NO. ST021
Parcel Na. 219-46-023A Ac A for Stephen K, and Mania C. Jainarine
Pa 2 of 6
15, Conflict of Interest. This A is subject to A.R.S. §38-511 which provides for
cancellation of contracts b the Town of Marana for certain conflicts of interest.
16. Survival of Representation and Warranties. All representations and warranties
contained herein shall survive close of escrow.
17. Entire A This si document shall constitute the entire A between
the parties. No modification or amendment t 0 this A shall be bindin unless in
writin and si ned . b both parties. The performance of this A constitutes the
entire consideration b the Town, includin just compensation for the Ac Area and
severance dama to anyy. . remainder propert and shall relieve the Town of all further
obligation or claims relatin to Propert
180 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
19. Compromise- and Sett lermento The parties to this A acknowled that the
Ac Amount :is not necessaril market value, but was ;a throu compromise
and settlement to avoid liti
2G. Council Approves]. This A is subject to approval b the Town Council of the Town
of Marana.
02
107A
Town of Marana, an Arizona municipal
corporation
orporation
Keith Brann,..P.E. CFM
Town En
Date:
Approved as to form:
Frank Cassid Town Attorne
Ma . rana Ma and Council Approva Resolution No.: 2016-022, Dated March 'l , 2016
S341T11S/R13E TANGERINE ROAD CORRIDOR PROJECT NO, ST021
0
....... .......... . ...... .
Parcel No. 219-46-233 Ac A for Stephen K . > and Maria C. Jainarine
Paae 3 of 6
Stephen K. Jainarine and Maria C. Jainarine,
husband and wife, communit propert with
ri of survivorship
STATE OF
ss.
County of �+
The foregoing instrument was acknowledged before nee this da of :l
01 by Stephen K. Ja narine.
In Witness Whereof, 1 have set my band and official seal.
{SEALI
r� GEORGE A. DARDIERI
Notary Public 4 Arizona
w Pima County
,? Co y
my Co Expires Sep 4, 2019
q
Notary Pub1
STATE OF ►'�.��� �}
)SS.
County of P itsn'�,
The foregoing instrument was acknowledged before me this. day of
2016 by Maria C. dinarine.
In Witness Whereof, I have set my band and official seal.
{SEAS.).
� GEORGE & CARDIFRI
Notary. ubl c - Arizona
` Pima count
ypmmf EXpIres Sep 4f 201.
Notary Publi
Marano Mayor and COLIncii Approval: Resolution No.: 2016.022, Dated March 1, 2016
34, /T1 `i 1813E TAI'ei PRIME ROAD CORRIDOR PROJECT NO. ST021 ........ ...... I . .......
I .. ...... . ........... . Parcel No. 219- 46 -023A AGOG. Sl ion Agreernent for Stephen K. and Maria C. Jainarine
Page 4 of 6
Jul 29, 201.5
EXHIBIT "'A"
MHT-OF-WAY
PIMA C-OUNTY TAX PARCEL 219.46-023A
That portion of the propert described 'in Docket 12407, pa 1486,. record i
d n the Pima Count
e
Recorder's Office.. Pima Count Arizona, located in the southwest
q ua rter:of Section 34 of
Township, 1-.1 South, Ran 13 East, Gila and Bait River Meridian, Pima un. , .Arl *zona, l south
Co. . y
of a line that lies 1:50,00 feet north of and parallel to the south lin fsaW section.
I eo 1 -5
SECONDARILY described asfoltows.,
BEGINNING at the southwest.corner of said propert upon the north right-of-wa of Tan
Road,
THENCE North 0 de es 35 minutes 49:seconds West, a distance of .99 -78. fe
4 . at to a point 150.00
feet north of the south line of said southwest q uarter*,
THENCE open a I i ne 150.00 feet north f end pa ra I le I with said so Uth fine. North 89 de 31
minutes 2.1 seconds, East a distance of 3.6 ,94 feet to the east h . ne:of said propert
THENCE upon said east lin.61. South 0 de 30 minutes 12. seconds East, :a diStace of .99.84 feet
to the -southeast corner of said pr and the north ri of Tan
THENU UPon wild north Fight - cf-wa - South 89 de 31 minutes ,56 seconds West, a distance
of 362,77 feet to the POINT OFIBEGINNING,
As a corollar containin approximatel 36,217 s feet.
1A
CA
A CA
A CA'
See Exhibit 8 attached heret
1855.7
Prepared for the Town of Marana b PSOMAS
Pro No, 7TMA130101 HAGUE
EXPIRES 9/30/16
RW22
'1'4*\7FlMMA13010INSURVEY\LEGALS\RW-22-. .RW-22.21.9-46-023A.LL, P 1 of 2.
Marana Ma and Council Approval. Resolution No.. 20,16-022, Dated March I , 2016
S34 /T1 IS _/R1 3E TA_ N - GERINE ROAD CORRIDOR PROJECT NO. ST021
— Parcel No. 219-46-023A I Ac A for Stephen K. and. Maria C. Jainarine.
Pa 5 of 6
.L
11�504-00'
219-46-023A
JAINARI:NEr STEPHEN K. & MARIA C.
DKT. 1.240 7, PG. 1486-
L
N 89#31121"' E 3621.94"
PROPOSED ROW-
CALCULATED
NOIL
RIE SECONDARY DESCRP11ON AND tVICTION. ME. SECONOMY TO THE PRIMARY PROPERTY DESCRIPTION AND IS
04CLUDU AS M AV TO OETERMKNOTHE '. ARE4 � 3K. PROPERTY DESMOEV, VVE 6" WiE. A WXTURE
0F'KGW*..WRVEYED AND G ALCULWO DATA, . NFORMA110N WAS CWPILED FROM TOWN a -MARANA .
R.I,GHT-OF-W KM NO, 2014-00 N" .21, TANGERINE ROAD V*RIDOR AND PUB00 REWRDS.IN
. 1HE:.0M'CE OF TMA CO EMM PIMA COUNTYt BONA, P AR11CULARLY IN 20122980200, AND
JHE VESMG DEED HE OF PI 1HE SUBJEUNTY R CT PROMITY, SCALE-, 1'*�60'
EXHIBIT B
P S 0 M A S :PIMA COUNTY TAX PARCEL 219-46-025A RW 22
333. -E. Wetmore Rood, RIGHT—OF—WAY
Suite 450,, Tucson, AZ 85705 SW 1/4, SEC. 34*. T11SI R 13
Tal(520) 292-2300 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ
7TMA130101 RXff,1B1P
IDATE, 7/29/2015 DRAWN OY: CL
Marana Ma and Council Approval: ResolL ition No.: 2016-022, Dated March 1, 2016
S3 4 1_S_/R 13E TANGERINE . ROAD CORRIDOR PROJECT NO, ST021
Parcel No. 219-46-023A Ac A for Stephen K. and. Maria C. Jainarine
Paae 6 of 6
. '.R -2
S
C*4
ie.
0
cn
------- - .....
- -P.O.B.
S 89" ,31'56" W 362,77"
I — 1 /2' AG -ON
X1 . S.TING ROW
DEBAR WITH TAC
1/2" RE0AR'
MKDO RLS 3330800
MKD APE 7599"
N 89*31 *21 E 2.494 941
(B.O.
sw, 1 /4 C 0 R S EC :3.4
N. 1/4 CORY Sce 3
2" 80
f HAND HOLE
TANGERINE ROAD
3 � 1 /4- AD MKD.* - MAS:1/4
0.0'
per BK. 7, PG. 83 R.M.)
S3 T12S R13E RL.S 18557, 2011 0
CALCULATED
NOIL
RIE SECONDARY DESCRP11ON AND tVICTION. ME. SECONOMY TO THE PRIMARY PROPERTY DESCRIPTION AND IS
04CLUDU AS M AV TO OETERMKNOTHE '. ARE4 � 3K. PROPERTY DESMOEV, VVE 6" WiE. A WXTURE
0F'KGW*..WRVEYED AND G ALCULWO DATA, . NFORMA110N WAS CWPILED FROM TOWN a -MARANA .
R.I,GHT-OF-W KM NO, 2014-00 N" .21, TANGERINE ROAD V*RIDOR AND PUB00 REWRDS.IN
. 1HE:.0M'CE OF TMA CO EMM PIMA COUNTYt BONA, P AR11CULARLY IN 20122980200, AND
JHE VESMG DEED HE OF PI 1HE SUBJEUNTY R CT PROMITY, SCALE-, 1'*�60'
EXHIBIT B
P S 0 M A S :PIMA COUNTY TAX PARCEL 219-46-025A RW 22
333. -E. Wetmore Rood, RIGHT—OF—WAY
Suite 450,, Tucson, AZ 85705 SW 1/4, SEC. 34*. T11SI R 13
Tal(520) 292-2300 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ
7TMA130101 RXff,1B1P
IDATE, 7/29/2015 DRAWN OY: CL
Marana Ma and Council Approval: ResolL ition No.: 2016-022, Dated March 1, 2016
S3 4 1_S_/R 13E TANGERINE . ROAD CORRIDOR PROJECT NO, ST021
Parcel No. 219-46-023A Ac A for Stephen K. and. Maria C. Jainarine
Paae 6 of 6