HomeMy WebLinkAboutResolution 2016-053 Approving Property Rights for Tangerine Corridor/Tangerine Rd, Twin PeaksF. ANN RODRIGUEZ, RECORDER
Recorded B LW
DEPUTY RECORDER
41
SMARA
TOWN OF MARANA
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MARANA RESOLUTION NO, 2016-053
RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT AND
THE TOWN ENGINEER TO EXECUTE ALL OTHER DOCUMENTATION NECESSARY
FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM T/F TANGERINE
GROUP, L.L.C. 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 Can""'ada Drive, Town of Marana Project No. ST021, (the "Tan Road
Project ") and
WHEREAS the Town of Marana needs to ac propert ri from T/F Tan
Group, L.L.C. to construct the improvements needed for the Tan Road Project ( the
"Needed Propert and
19
WHEREAS Town staff has ne an Ac A & Administrative.
Settlement with 17F Tan Group, L.L.C. 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 Pro 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 Ma to execute the Ac A & Administrative
Settlement in substantiall the form attached to and incorporated in this resolution as Exhibit A,
and authorizin the Town En to execute all other documentation necessar for the
purchase of the Needed Propert from T/F Tan Group, L.L.C. for the Tan Road
Pro
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17"' da of Ma 2016.
Ma Ed Honea
MARANA
ATTEST.-
ocel Bronson,, Town Clerk
APPROVED AS TO FORM:
a c Cassid r , Town Att
00046666.DOCX /I
Marana Resolution No. 2016-053
5/6/2016 9:00 AM FJC
r �
ENGINEERING DEPARTMENT
ACQUISITION & SETTLEMENT A REEMENT
This Agreement is made by and between T/F T ANGERI NE GR OUP, L.L.C. (th " Owner") , a n Arizona
limited liability company, and the T OWN of MARANA ( Marana "), an Arizona municipal corporation.
The Owner and Marana are sometimes collectively referred to as the "Pa rties," either of which is
sometimes individually referred to as a "Party."
1. The Property and Acquisition Amount. The Owner owns the properties currently identified
as Pima county Assessor's Parcel Numbers 219 -40 -0170 and 219 -46 -0200, consisting of
approximately 27.33 acres at the northeast corner of the intersection of Tangerine Road and
La Cholla Boulevard, and referred to in this Agreement as' the "Property."
2. The Project. Marana is the "Lead Agency" for the construction of the Tangerine corridor
Project, Marana Project Number ST021 (the "Project "), a Pima County Regional
Transportation Authority project. The project consists of the widening and reconstruction of
Tangerine Road from Dove Mountain Boulevard/Twin Peaks Road on the west (in the town
limits of Marana) to La cahada Drive on the east (in the town limits of the Town of {fro Valley).
The Property is located in the Town of Oro Valley. The property rights being acquired by
Marana pursuant to this Agreement will be acquired in the name of the Town of Oro Valley.
3, The Acquisition. Marana needs to acquire public right-of-way in fee title (the "Take ") from
the Property. The Take is described in Exhibit "A" and depicted in Exhibit "B" attached to this
Agreement. In lieu of court proceedings to acquire the Take by eminent domain, the Owner
agrees to sell and Marana agrees to acquire the Take for the total sure of $250,000.00 (the
"Acquisition Amount "), subject to the terms and conditions set forth in this Agreement.
4. Risk of Loss for Damage to Improvements. The Owner shall be responsible for the risk of
loss for any and all damage to the improvements (if any) located on the Take prior to close of
escrow.
5, warranty Deed. Upon execution of this Agreement, the Owner shall deposit into Escrow a
Warranty Geed conveying to the Town of Oro Valley title to the Take free and clear of all liens
and encumbrances.
0. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or
vegetation, located within the Take. Personal property may be removed prior to close of
escrow.
7. Escrow and Prorations. Marana shall pay the Acquisition Amount 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
00646026.DCCX /2 515/2016 5:34 PM FJC
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closing, and (c) property taxes shall be prorated based upon both the date of closing and the
size of the Take. Taxes will be prorated based upon the proportion of the Take to the Owner's
entire assessed parcel.
8. 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
Lienholders. The Owner shall obtain from its Lienholders (if any) releases for transfer of the
Take.
g, Possession and Closing. Possession of the Take shall be given to Marana at the date of
closing. closing shall occur on or before the later of (a) 45 days after the date this Agreement
is approved by the Marana Mayor and Council or (b) 45 days after receipt of all necessary
releases or consents from any Lienholder.
10. Environmental Representations. Neither Party assumes any obligation of the other Party
relating to any potential liability arising from the environmental condition of the Take. Each
Party shall remain responsible for its obligations as set forth by law, The Owner hereby
represents and warrants that, to the best of its knowledge, no pollutants, contaminants, toxic
or hazardous substances, wastes or materials have been stored, used or located on the Take
or within any surface or subsurface waters thereof; that no underground tanks have been
located on the Take; 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 wi th respect to the Take.
11. Environmental Inspection Rights. The Owner shall permit Marana to conduct such
inspections of the Property as Marana deems reasonably necessary to determine the
environmental condition of the Take. 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 Marana. If any
environmental inspection reveals the presence of contamination or the need to conduct
environmental clean -up on the Take, the Owner shall remediate all contamination within the
Take adequa to bring the Take into compliance with all applicable federal, state or local
environmental regulations prior to closing or Marana may terminate this Agreement.
12. No Leases. The Owner warrants that there are no oral or written leases on or affecting all or
any portion of the Take.
13. Broker's Commission. No broker or finder has been used and Marana shall owe no
brokerage or finders' fee related to this transaction. The Owner is responsible to pay all
brokerage or finders' fees to any agent it has employed.
14. closing costs. Marana shall pay expenses incidental to transfer of title, including title reports,
recording fees, escrow fees, releases and Owners Title Insurance Policy.
15. Fight of Entry. This Agreement grants Marana, its employees, agents, and consultants, the
right to enter the Take effective as of the date this Agreement is signed on behalf of the Owner.
At close of escrow, this right of entry will be replaced by the Take. This right of entry terminates
in 180 days if close of escrow has not yet occurred.
18. No sale. The Owner shall not sell or encumber the Take prior to close of escrow.
00046026.DOCX 12 5/512016 5:34 PM FJC
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17. Confl of I nterest. This Agreement is subject to A.R.S. § 33 -511 which provides for
cancellation of contracts by government entities for certain conflicts. of interest.
18. su.rvival of Representation and Warranties. All representations and warranties contained
in this Agreement shall survive close of escrow.
19. Entire Agreement. This signed document shall constitute the entire Agreement among the
Parties. No modification or amendment. to this Agreement shall be binding unless in writing
and signed by the Parties. The performance of this Agreement constitutes the entire
consideration by Marana, including just compensation for the Take and severance damages
to any remainder property and shall relieve Marana of all further obligation or claims relating
to the Property for the Take.
20. Exhibits. Any exhibit attached to this Agreement shall be deemed to be incorporated by
reference with the same force and effect as if fully set forth in the body of this Agreement.
21. Compromise and settlement. The Parties acknowledge that.Marana's appraiser determined
that the Take has a market value of $69,264 if valued as R1-- 144 -zoned residential land and
$439,999 if valued as C-1 and C -N -zoned commercial land. The Parties acknowledge that the
Acquisition Amount was agreed upon through compromise and settlement to avoid litigation.
22. Council Approval. This Agreement is subject to approval by the Town Council of the Town
of Marana.
IN WITNESS WHEREOF, the Parties have executed this instrument as of the last Party's signature
date below.
"MARANA ":
TOWN CA MARANA, an Arizona m unicipal
corporation
0
Ed Honea, Mayor
The "OWNER ":
TIF TANGERINE GROUP, L.L. an Arizona
limited liability company
B:
Y aA
Charles L. Townsdin, Manager
Date: Date,
APPROVED AS To CONTENT:
By:
Keith Brann, Town Engineer
APPROVED AS TO FOR
Marana Town Attorney
00046026. Docx 12 5/5/2016 5:34 PM FJC
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