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Home My WebLink AboutResolution 2016-008 Accepting offer of compensation from ADOT for property rightsF. ANN RODRIGUEZ RECORDER Recorded B LW 1111 IN DEPUTY RECORDER 41 OF 9V � C`_ SEQUENCE: 20161310125 NO. PAGES: SMARA 5 TOWN OF MARANA RE 05/10/2016 PICKUP 10:26:01 PICK UP AMOUNT PAID: $7.00 PICK UP MARANA TOWN CLERK =/I 520-382-1999 TOWN CLERK MARANA RESOLUTION NO. 2016-008 RELATING TO REAL ESTATE; ACCEPTING THE OFFER OF COMPENSATION FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PROPERTY RIGHTS NEEDED FOR THE INA ROAD INTERCHANGE PROJECT AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE THE PURCHASE AGREEMENT,, CONVEYANCE INSTRUMENTS, AND ANY AND ALL OTHER ASSOCIATED DOCUMENTS WHEREAS the Town of Marana owns the Marana Operations Center (the "MOC" lo- cated at 5 1 00 West Ina Road and WHEREAS the Arizona Department of Transportation ("ADOT") needs to ac prop- ert ri from the Town at the MOC for the Ina Road traffic interchan project and WHEREAS ADOT has appraised the market value of the propert ri needed from that Town at the MOC at $1 6,531.92, has offered to purchase the propert ri for that amount, and has prepared a purchase a for execution b the Town and WHEREAS the Ma and Council of the Town of Marana find that the public interests are served b approvin this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, acceptin the offer of compensation from ADOT for ac tion of Town-owned propert ri at the MOC approvin the Revised Purchase A prepared b ADOT, a cop of which is attached as Exhibit A to and incorporated b this refer- ence in this resolution and authorizin the Town En on behalf of the Town, to si the a and an associated conve instruments and an other documentation associated with the a PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 9 1 h da of Januar 2016. X) N 7 Ma ARANA1 Ed Honeav ATTEST: APPROVED AS TO FORM: V e knson y 7 l C. Town Clerk nk Ca &Town A mey 9 RANA7 0 INN4 A % 00044703,DOCX /I 1�,� kNA 7 Marana Resolution No. 2016-008 1/12f2016 11:39 AM FJC ARIZONA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY GROUP REVISED PURCHASE AGREEMENT Title Company Title Security of Arizona Date Address 6644 .Ior( Oracle Road Suite 1.20... (to be completed b Title Company, if applicable) City Tucson Arizona Zip Code ,..85704 Escrow Office _ Rhon Herrera Phone 520-21.9-64 Escrow No , Fax No. - Grantor Town _o f_Marana Arizona a rnuolci al corporation- Address 'I 1 555 W" Civic Center Or, A -2 l�larana Arizona. 8555.3 Phone /Fax/MobitefEmail 382 -2600 Grantee: The STATE OF ARIZONA, by and through its DEPARTMENT OF TRANSPORTATION (the "State) Mailing Address: Arizona Department of Transportation, Right of Way Group 205 South 17th Avenue, MD 612E, Phoenix, Arizona 85007 -3212 The STATE shall pay directly to the Grantor, or deposit with the Title Company ( "Escrow Agent "). if escrowed, the purchase price plus all lawful: costs incidental to closing as follows: Escrow Fees Title Policy Fees TOTAL ESCROW &TITLE FEES $0.00 Record s Easement Release TOTAL RECORDING FEES Other Charges Release Fees SRVWUA Fee Prorated Taxes/Dates' TOTAL OTHER CHARGES $0.00 Subtotal Fees Title Report Credit ( -) Total Closing Costs Land & Improvements* Cost to Cure Temporary Construction Easement Total Purchase Price TOTAL WARRANT** *Title policy fees based on this amount only. * *Sum of "Total Closing Costs" and "Total Purchase Price" only. ❑ Special InstructionstInformation THE GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE in a certain conveyance dated described in Exhibit "A" attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to the STATE OF ARIZONA by and through its DEPARTMENT OF TRANSPORTATION; title to said property to pass upon the acceptance of delivery and possession by the ARIZONA DEPARTMENT OF TRANSPORTATION. Charges and disbursements to be paid from Grantor's funds as follows (check all that apply): ❑ TotalAcctui_sition of Grantor's Property Full release of all monetary liens and encumbrances, and leases of any kind. Pay in full all due and delinquent real property taxes and general and special improvement assessments. Grantor will be charged for any costs necessary to make the property compliant with the Covenants, Conditions and Restrictions. Prorate the current tl year's real property taxes on closings that occur on or after the 3 Monday of August each year. Escrow Agent shall withhold the prorated amounts from each party and pay the lien of the current year's taxes in full. ® Partial Ac u isition of Grantor's Prove : Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of State, pay due and delinquent property taxes and general and special improvement assessments, including full payment of taxes and assessments on individual assessor parcels within State's partial acquisition, and any Certificate(s) of-Purchase. The current years taxes shall not be prorated regardless of the closing date. ® Easement(s) Consent to easement(s) by secured party(ies). ❑ Other Disbursements WOO Secure De osits and Pre aid Rents if Applicable: Grantor agrees to return all security deposits and prepaid rents directly to $4,11 lessee(s) outside of escrow $258 ►,, Possession Date: Clo of ... ,, .. ..:. :. . $1`215 :92 f escrow /date of recording. Special Conditions Right of Way Contract Yes ❑ No � Entry Agreement' Yes ❑ No � /V/Vyy *** If yes, State shall pay statutory interest on the "Total Purchase Price" from to the close of escrow /date of recording directly to Grantor by separate warrant. PROJECT 01:0 PM 24.8 H8479 01R SECTION Ina Road,-T.14. PARCEL 10 -1752 THIS PURCHASE AGREEMENT SHALL SERVE AS THE ESCROW INSTRUCTIONS The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold interests, special assessments, fines, fees or charges to be paid to the homeowners association and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms hereof. If the subject property is encumbered with Covenants, Conditions and Restrictions, the Escrow Agent shall send a Notice of Pending Sale pursuant to A.R.S. 33 -1806. The Grantor agrees that should further encumbrances be attached to this property subject to this transaction during the escrow period, including but not limited to, monetary liens, leases, easements and permits, Grantor shall remain responsible for any damages in the event of non - compliance. The Escrow Agent is to withhold N/A as a security and/or site-clearance deposit pending satisfactory delivery of the subject property to the State by the Grantor. Grantor agrees the State may apply the security deposit to payment of any unpaid rents due the State from the Grantor, or to payment for any loss or damage sustained by the State caused by the Grantor after the date of this agreement. The State will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property. The Grantor is to notify the Arizona Department of Transportation, Right of Way Group, of the date Grantor intends to vacate the subject property. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the dosing of escrow. The Right of Way Group of the Arizona Department of Transportation will be furnished a copy of the Grantors closing statement with the following certification signed by an authorized officer. "This is to certify this is a true and correct statement of disbursement of funds collected from the Arizona Department of Transportation." The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. The State will pay the costs of any escrow services and/or title insurance desired by it, but may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent, and title insurance herein are not applicable. If this transaction is not handled through a title company, the conveyance will be delivered direct to the State of Arizona and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the Director of the Arizona Department of Transportation and the finat filing and recording of the documents. If cost-to-cure moneys have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove all buildings and appurtenances including fences, floors other than concrete, plumbing lines above grade, and all combustible material not later than 30 days from the date of payment. The Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of the State of Arizona, and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs incurred in removing said improvements. License is hereby granted to the State of Arizona to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. If the State is acquiring only a portion of Grantor's property, then Grantor: grants to -the State, its agents, employees and contractors, the right to enter Grantor=s remaining property as necessary for utility reconnection, driveway reconnection, facilitating removal of buildings or appurtenances where portions of acquired buildings or appurtenances are situated on Grantor's remaining property, and to facilitate sound wall construction on adjacent State -owned right of way, if required. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of State's project It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired, and in settlement for all injury or damage to the Grantor's remaining abutting lands. Further, said consideration shall constitute a waiver of any and all claims for damages or compensation to said abutting lands that may hereafter arise or result from the establishment and construction of the highway in the manner proposed by the State. State is acquiring Grantor's property through its right of eminent domain under threat of condemnation; therefore, it is not a voluntary sale in the ordinary course of real estate negotiation. Further, the settlement herein is in lieu of condemnation and not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. ❑ Yes ED No Addendum attached hereto and made part hereof. ❑ Notice of Pending Sale pursuant to A.R.S 33 -1806. The STATE OF ARIZONA, by and through its DEPARTMENT OF TRANSPORTATION By GRANTOR: TOWN OF MARANA, ARIZONA, a municipal corporation Date: George Cardied, Right of Way Agent Acquisition Sciences, Ltd. Approved by the Director of the Arizona Department of Transportation 20 Accepted: STATE OF ARIZONA ..20 By RIGHT €3F WAY MANAGER Accepted Date, ESCROW OFFICER PROJECT 010 PM 248 H8473 01 R SECTION Ina. Road T.I. PARCEL .10 -1752 DESCRIPTION FOR FEE ESTATE That portion of the East 500 feet of the west 1000 feet of the North 1200 feet of the South 1275 feet of the Southeast quarter of the Southwest quarter (SE%S' I/4) of Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, which lies southeasterly of the following described NE..RIGHT OF WAY. LINE NEW RIGHT OF WAY LINE DESCRIPTION Commencing at a 3 inch brass cap marking the South quarter corner of said Section 36, being North 89 °35'12" East 2629.69 feet from a Y2 inch rebar marking the Southwest corner of said Section 36; thence along the South line of said Section 36, South 89 °35`12" west 340.31 feet; thence North 00 °2448" Vest 75.04 feet to the POINT OF BEGINNING on the South line of said North 1200 feet, being the existing northerly right of way line of Ina Road; thence North 44 0 22`30" East 35.22 feet to the POINT OF ENDING on the East line of said East 500 feet, being the existing westerly right of way line of Starcommerce Way. ff " lS p 0` 0 PM 24: -I84 LOCATION:. Ina Road T.I. . PARCEL: 10 -1752 010�D(2 I S' sw 11-30-2015 DESCRIPTION FOR DRAINAGE EASEMENT That portion of the East 500 feet of the west 1000 feet of the North 1200 feet of the South 1275 feet of the Southeast quarter of the Southwest quarter (SE��4Swf4) of Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, pima County, Arizona, described as follows: COMMENCING at a 3 inch brass cap marking the South quarter corner of said Section 36, being North 89 °35'12" East 2629.69 feet from a 1 /z inch rebar marking the Southwest corner of said Section 36; thence along the South line of said Section 36, South 89 °35'12" west 776.22 feet; thence North 00'24'48" west 75.00 feet to the POINT OF BEGINNING on the South line of said North 1200 feet, being the existing northerly right of way line of Ina Road; thence along said existing northerly right of way line of Ina Road, South 89 0 35'12" west 22.00 feet; thence North 00 1 24'48" west 13.00 feet; thence North 89 1 35'12" East 22.00 feet; thence South 00 °24'48" East 13.00 feet to the POINT OF BEGINNING. $xx�rr °AL^ ......:.:: P ROJECT 010 Pm 248 H8479 LOCATION: Ina Road TA. - P iR : - 5 .- 01 0- D(216)5 sw 1113012015