HomeMy WebLinkAboutResolution 2016-033 Acquisition & Settlement Agreement Matthews Investment GroupF. ANN RODRIGUEZ , RECORDER
Recorded By: LW
DEPUTY RECORDER
41
SMARA
TOWN OF MARANA
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MARANA RESOLUTION NU. 201.6 -033
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE TOWN
ENGINEER TO EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRA- TIVE
SETTLEMENT AND ALL OTHER DOCUMENTATION NECESSARY FOR THE
PURCHASE OF PROPERTY RIGHTS NEEDED FROM MATTHEWS INVESTMENT
GROUP, L.L.C. FOR THE TANGERINE CORRIDORITANGERINE ROAD, TWIN PEAKS
TO LA CANADA DRIVE, TOWN OF MARANA PROJECT NO. ST021
WHEREAS the Town of Marana is constructing the Tangerine Corridor /Tangerine Road,
Twin Peaks to La Canada Drive, Town of Marana Project No. ST021, (the "Tangerine Road
Proj ect "); and
WHEREAS the Town of Marana needs to acquire property rights from Matthews
Investment Group, L.L.C. to construct the improvements needed for the Tangerine Road Project
(the "Needed Property "); and
WHEREAS Town staff has negotiated an Acquisition Agreement & Administrative
Settlement with Matthews Investment Croup, L.L.C. for acquisition of the Needed Property, the
terms of which exceed Town staff's general authority for acquisition of property rights needed
for the Tangerine Road Project; 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 Town Engineer to execute the Acquisition Agreement &
Administrative Settlement in substantially the form attached to and incorporated in this
resolution as Exhibit A. and to execute all other documentation necessary for the purchase of the
Needed Property from Matthews Investment Group, L.L.C. for the Tangerine Road Project.
PASSED AND ADOPTED BY THE MAYOR AND COtTNCIL OF THE rI'��WN O1i
MARANA, ARIZONA, this 5th day f April, 2016.
Y p � .�
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9 MARANA Mayor Ed nea
ATTEST. 3 API'ROV � AS TO FORM;
Y' T�
J celyn C. onson, Town Clerk Frc k C s'dy; Tow t rney
00045741.DOCX I1
Marana Resolution No. 2016 - 033
9
3/14/2016 9 :20 AM FJC
$10.50
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EXHIBIT A
E N GJ N..E ERIN G. D E PA R T M E N T
ACQUISITION AGREEMENT &ADMINISTRATIVE SETTLEMENT
.......... ...
This. A is made b and between The Matthews Investment Group :.LLC on Arizona limited • iilt cornOner., and he T6n. M.arana, f:. n mu . n . c ( "T a Arona own
p l orortion
1, Propett and Ac Amount, owns the propert described in 'instrument
.recorded on Au 18,2006,. in. Docket. 1.2871 at Pa .543 in the Plea. bount Recorder's
Offico, includin .011 improvements-. 'located thereon ( the "Propert The Town has
determined the, need to ac I V I
f 14fle to p. WI *c ri of*-w. �(the 'Ac Area"
I -o t . tt � p ceedin to a q ure the I described in Exh b't "A".. In. liev. f: ou 170 c i I Ac -Area
eminent domain, the Owner a to Sell and the Town- a to ac fee title to the
AiQ. Area for the total Sum of. $110,000.00 ( the "Revised Ac Amount")
sub to the terms and conditions set forth below:
$110,000,00 Revised Ac Amount
$4. Estimated Closin Gosts
s .. . . ......... Tota.[Not to Exceed Amount
2. RJ'sk ofLoss for Dama to Improvements.. The Owner shall be, responsible for the risk
,of. loss for an and a.11 dama to the improvements rnprovements located on the Ac Area prior to
Closel of escrow.
3, Warrant Deed Document. Upon execution of this A the Owner shall deposit
with the Town a Warrant Deed Conveying to the Town title to the Ac Area free and
clear of all liens and encumbrances.
4. No. Salva The own .e.r 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 aM.Prorations, T Ac Amount shall be paid in full at closin ( a ) The
4 4 lar costs
of cl sin shall be used for prorat M
date 0 1 tion of rents, propert taxes and other 1 1
(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 e ass parcel.
6, Securit Interest. Monies pa under this A ma be due holders of notes
secured b mort or deeds of trusts ( "Lienhoiders "), up to and includin the total
amount of unpaid principal, interest and penalt Those sums shall, upon demand, be paid
to t - he: Lienholders. Owner shall. obtain from the Lienholders releases for an fee transfer
and consents for an transfer of an easement for the Ac Area,
T, Possession and Gl.osln Poss e ssion 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 b Marana Ma and. Council or (b) 45 da -after receipt of
a.1.1 necessar releases or consents from an Lien.holder.
8, lEnvi.ronmenta.1 Representations. The Town and the Owner a that nelther part is
1 1fi1 -ns"n from the
assumin an obli of the other part relatin to an potential flab't a I g
environmental condi of the Ac Area.. Each part shall remain res,ponsible for its
obli g ations as set forth b law, The Owner hereb represents and warrants that, to. the best
of owners :knowled no pollutants., contain ina'nts:, 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 and r tanks have been located on the Propert
that the Propert is in compliance with all Federal,,. state and local e.nvironmental-laws.,
re and ordinances; and that. no l m
e action of an kind has been cot or
th . r.eatened With respect to the Propert
9. EhVironm . ental In4pectio-n Ri The. -Owner shall P ermit the Town to conduct such
inspections nspections of the. Propert y - the Town deems necessar to determine t he environmental
as
condition of the Acquisition Area.. If environmental inspections do. not specifical identif
.contamination but indicate a potential for contamination and recommend further testin or
in fion
c 1. the parties hereb a to extend the date of closin to -at l.ea 30, da after
the r . e . port for such additional tos-fin or inspection is completed on behalf .of T6w'n, If an
environmental inspection revea1s the presenc of contamination or the n.e.ed to co nd uct
env . ironmental clean-up., the Owner shall rein edlate all contamination within the Ac
.Area ade to brin it. int co pfia.n w ith 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. Brokers 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 any . a emplo
1.2. Closin Costs. Expenses in6dental 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 th.e Town, its emplo a and cons'ultants,
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 Sate, Owner shall not sell or encumber the Ac Area prior to close of escrow,
15. Conflict of . Interest. This A is sub to K.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 Warrant*ies, All representations and warranties
contained herein shall survive close of es.crow.
1 . En e ment. hs n um
1 1 1 constitute the entire A between
.t"'r A T' s* docent shall
the:parties. No modification or -amend
ment to th's A shall be bindin unless in
writin and si b both part'e The
I S performance of this A constitutes the
entire consideration b the Town, 'nclud� t compensation for the Ac Area and
I f. ....in jus,-
severance dama to an remainder propert and shall relieve the Town of all further
abli or clairri relatin to Prop
x 1 1
18., E h*bfts. An exhibit attached t th' A
o is g reement shall be deemed to be incorporated b
reference with the same force and effect if fur set forth in the bod of this. A
101 Compromise :and Seftlement. T rti
The paes to this A acknowled that the
u
.Ac ..I i isr fi Amount is not necessaril m . arket value, but was a throu compromise
q . ion
and set ti. ement to a void liti
20. :cOun Approval. This A is sub to approval b the Town Council of the
Town of'Marana.
The Matthews Investment.Group LLC,::an
Arizona 'limi.ted liabilit com.pan
B y ----- ---- -- ---
William Matthews
Town of Marana, an Arizona municipal
co
Keith Brann, PE. C M
Town En
it's,, Can r
B c j N
Joel M matthOws
Date.-
Approved as to form:
M . . eir
Frank Cassid Town Attorne
ant t Y
-hh7e
It's.: Man
STA17-E nO'F'-.
Count 6f.
The fore instrument was acknowled before me Chi's t'..a Of
2016 b )6Lfi m Matthews as manffl.g[ � 3 of The Matthews Investment Group LLC., an
Arizona limited liabilit compan on behalf of the compan
in Witr .Whereof, I have set m hand and official seal.,
191 NA N11 NAH�
'Or� Pu-blic a vona Art Nt PU.bl*tc
Varfcop Count
my �c
OMMISSion Expires
Aprit 15, 20 1
STATE I F
Coun.t
Y of
The foregoin Jjn'§trument was cknowled before. r ho this... �a.
--- -- --------- --
201.6 b Mafthews as Mana r of' The Matthews Investment Group LLC, an
Arizona limited liabilit compan on behalf of the compan
in Witness: Wh.ereof, I have set m hand and .official seal.
SEAL
MOLN
A F3
Notar pt
I
Ar ona iZ
marfoop Count
Y�,/Ommj <on Exp,
Aprij
201
S TAT 0...
Cobntv Of
......... ..
Notar Public
re e-me s a of
Thefo instrument was acknowled bef or thi
201 y Clint W. - M as of The Matthews. Investment. Group LI-Q, an
Arizona .finted liabi compan on behalf of the compan
In Witness Mhereof.] have set mv hand and official seal,
��CATERIN-A MOLNAR
C
Arlzona
. . . . . . . . . ....... NO(ZirY PUN(
o4 W10GO.Pa County
m
CUMM!ss'lon Expires
Apr -15, 2018
M,-Ruana Ma Council Ap-pvc),ed,
.S 34 MIS IRA,3f -FANGER1
....... ........ .
21947-012 '0
F a(c el NO, 4 17-0-112F,
21 9�47-0 1 IiB
Nd5ar`yPublic
wiuion No.-2014-089, Dated Oct, 7i 2-0414
NF ROAD CORRIDOR PROJECT NO. ST-021
.. .................
............
co,iDisiflon A fc,)2r, 1"he, Matthew Investi-nent Group ;LL C
a 4 of 5
A i
This pa -i n ten left blank
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.Pa 5 of .5
Jul 2015
EXHIBIT "W'
RIGHT-OF-WAY
PIMA COUNTY TAX PARCEL 219"47-0158
Th. of the property described In Docket 12871.. pa S43, recorded In the Pima Count
Recorder's : Office, Pima Count Arllzona,, located . In the southeast q uarter of5ection B4, To
I.A. South, Ran 13 East, (311a and Salt River Meridian, Pima Cotinty, Arlzona� lying south of a line
that lies 1 50.00 feet north of and parallel w1th th south line of sal.dsection,
SECONDARILY descrtbed as follows
DEGINNING:at the southwest corner of said prloperty,, upon the north right"Oof-wa of Tanger(ne
Road;
THENCr-.- U- the , west fin e. of said propert N orth 0 de 30 M Inutes 40 secon West, a
tance of feet to I't n . f eet north of end parallel with the south fln&of said
d1s ..99,82 a e 150 00
southeast q uarter ;
THENCE; said Itne, North 89 de 24 minutes 02 seconds'East, a:411stance of 279,3.5, feet to
the east tine of said propert
THENCE.up-on said tast line, South 04e minutes 42 seco. ds Eastr a distance of 99,,84 feet
to the :southeast corner of said propert an-4. said north ri
TH ENCE Upon the south prop rt line of said propert and ald no rth -right-of-way, South 891
degrees .24 minutes 11 seconds West, a d'stance of 279,32 feet to the POINT OF BEGINNING,
As. a corollar containing approximately '7f 89. s Uar'efeet,
See Exfi,I'bf*t B attached here-W.
Pe for the Town of Marana b PSOMAS
Pr * ect No, 7TMA130101
01
X 18557
TEAGU'
A Al
q
EXPIRES 9/30/16
RW-28
To-,\7TMA1301DI,\SURVMLE-C-jALS\RW-29,,-219-47-016D\RW-28.219-47-Ol.5B�Leg�l,RTF P I Of 2
. 2015 .
.jul 301
EXH101T "A'
RIGHT-OF-WAY
PIMA COUNTY TAX PARCEL 219 -47 "0126
That porflon of the.p.ropert described. In Docket 1.2.871, pa 540,, recorded In the Pima County
RecordeesOffice, Myna. Count Arizona, located I n the southeast q uarter of Section 34, Towaship
1.1 Sou'th'.::Range. 13 East, Gila, and Salt River Me-ridlan,'Pima Count Arizona, l south of a 111ne
that lJoes 1501'.Wfeet:00.11h.. of and parallet with the sough dine of sal-45ection,
SECONDARILY desulbed as follows:
BEGINNING atthe.southwest corner of said propert upon the north right"of-way of Tan
Rbad�
THENCE up-on. . t ie 0 3 rnlnutes 40 seconds' est, a
he west line of said propert Nor th Qd
d1soh. ce.of-99,8.8.,_f6 to a line 150,00 feet north otand parallel Wfth the south line of Said
southeast quar ter;
THEVCE.,,�U.pon. s aid.lines North 89 de 24 t S 02 seconds East, a distance of 47,70 feet to
minu e
the east J off' said propert
THENCE V-Ppn sa id cast Me, South 0 de 3o m inutes 40 seconds East, a d.istanceof 99,82 feet
to the southeast corner of said p ropert y upon said north rI
onsai
THE up
NCE d:.north ri South 89 de 20 minutes 39 seconds West a distance
THENCE con'ti.040 upon sa north ri South 89 de 4 m1nutes 20.seconds West, a
distance. of 67 k-o2 feet, to the P01 NT'O F B EG-1 N N I N 0#
0 0 ar c6htal I
Asa C ..r 11' .1nin approximatel 34,730 s feet,
see uhibit:8 attalched hereto,
Prepared for fi ch e Town of Marana b PSOMAS
Pro 7TMA130101
EXPIRES 9/30/16
Rw_*147.6
T,.,\7TMAI,30101\.$'URVF.Y\LE-GALS\RW-27 219-47-OIZG\RW.,27-219-47-OJ2G-Le P I of 2
E
4 a
S 1.
is NOTE.
tlw N RY IwS it l[� I AND. DEPICTION AW SCCONDARY TO THE PRIMARY PROPERTY. K.SMIP" AND AS
INCIwi DED AS A AW DEUMINING THC AREA 0' 1HE PROPER .D9S IBED. DIMSI�` SHOW ARIA A MIX1RE
' OF RECDRI)! SUMM Ada, CAM U DATA, RECORD INFORMATWN WAS COMPILEb :PROD# TOM QF IAA
RIOHT—OFF- WA,Y PLAN M. 2M -007 PROJECT 140= ST021 T'A URM RDAP CDR 00k AND I U I I IN
r
WE OFFICE OF T PIMA CWNTY RIwCORD2, PIMA CDU'NTY ARIZONA, PARMU LY IN SM .201 n9 2t : AND:
THE VESINQ VQED OF THE SUOXOT PROPERTY,
EXHIBIT
PIMA COUNTY TALC PARCEL 2 i —4 1)-"023A
333 E. Wetmore, Road,
RIGHT OF WAY
sulfle 450, Tucson, AZ 85705 SE 4, 5EC, 54, T1 1 R1 3.E
RIV ER DIAN PIMA. COUNT', AZ EX.111 I
�. 7TMAI 30101 DATES 7/30/20 #5 DRAWN BYE ,
July 1 .5 201 .
EXHIBIT "W
PI MA COUNTY TAX. PARCEL Z19-47-012F
That. pOrt t ; property descril4ed in Docket 12871 page 537 r corded I the Pima County
ecord es Office,- P[Ma County, Arizona, located in the southeast quarter of 5ection 34, To psnlp
11 -sou tn, fast, and It River er�dlan, Pima t nty, Arizona, lying south of a line
that li .s 50:.0 f : t orth of and paral el ilth: the sou h.. Ii.ne M said -Section
S ECONDARILY described ips falloM,"
BEGINNING at tbe.southwest corner of said property, upon the north right�of -way of Tangerine
Road;
TuEN pon:tne west. fine of said propetty, North 0 degrees 2 antes 52 seconds Walt, a
tffstotkebf.99,97 feet to a .line 150,, 00 feet north of and p r f with the south line of said
south east .qv rtkr;
"THENCE upon Bald lne, N 0 rtn 89 degrees 24 minutes 02. �qicpn ds Flast .,:0 dls a.nee, of 362x92 feet to
t el east floe of safd property;
TH ENCE .upon :al d ea st dine, South 0 degrees So minutes 40 seconds West., a distance of 99,98 feet
to the' southea s corn said property p .n said north r-I t +-Of ay.
WHENCE• Upon -said n rth r ght of�way, South 8 degrees. 21minutes 12 seconds West, a distance.
of 36195. feet to tire. POINT OF BEGINNING.
As a. cur lia Moon approximately 36,266 square f�et
A
See Exhibi B attached hereto.
prepared for the Town of Marina by PSOMAS J
Project No: 7TMA13010. , TEAGUE .
tv..
EXPIRES 9l30/16
RWV -26
T `TMA130101\SURVE W- 26.219.47.012F\R!- 26. 2 . -4x'=012F Legal.RTF Pg. I oft
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ulk
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I.AK(SL�Ht.N.L KUAV
1'/4 COR� SEC 34 (50 per BK 7� PG...83 RUt). SE 1/4 COpt SEC 34
3-1/4" AD M.KD. CALCULATED POINT
"PSOMAS 1/4 S34 T1 tS
RI 3E RLS - 1-8557 :201
SCALD. 1:0=6c
Tw SEMDA PRI AR SCRIP -
RY DMIP710N. MDWICTION ARESEC"ARY TO TK W Y PROPERTY IX 11QN
AND IS,
W=Db� AS. M MD TODEUMINK THE' . A10 W THC. PROPERTY DE DW . M . S1 - QNS. MOWN, ARE KMIXTURE
a RECORD* SURV CALCULAI.M. DATA.. RECORD 1*WMA710N WAS C.04PIL FROM TOWN -OF )ANNA
RIGHT-of-WhY.. R M Na 2013-007, PkM `.N T"ERINE ROAD C OMPOR, AND MOUE RECORM W.
ITH E QMCE �`, THE
PI OWN TY RECORD% PWA CWNTYt ANION Ao PAMLAKY IN SEQ, 2012296020o AND
-17HE MUG DEED OF VE SUBJECT PROPERTY.
p S 0 M A S TANGERINE ROAD EXHIBIT RW 26
333 E. Wefmore Road, MATTHEW S INVESTMENT GROPU LL C SE4 SEC., 34
ills R13E
into 00, Tuason AZ 85705 T,O,.M, PROJECT No,4,00 ST02i
9 Tol(520) 292-2300 AP N: 219-47-012r
DAM- 7/15/2015 DRAWN BY; CL EXHINT
7TMA1 301 U1
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