Loading...
HomeMy WebLinkAboutResolution 2016-080 Approving Shaner Family acquisition agreement and administrative settlement1001 - ---- -- - - -------- ------ ... . MARANA ENGINEERING DEPARTMENT ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT This Agreement is made by and between William P Shaner and Wada L. Shaner as Trustees of The Shaner Family Revocable Living Trust dated April 1, 2005 ( "owner "), and the Town of Marana, an Arizona municipal corporation ("Town" 1. Property and Acquisition Amount. The owner owns the property described in instrument recorded on June 8, 2008, in Docket 12821 at Page 1 404 in the Pima County Recorder's Office, including all improvements located thereon (the "Property "). The Town has determined the need to acquire fee title to public rights -of -way, a drainage easement and a temporary construction easement (the "Acquisition Area "), described in Exhibits "A" and shown on Exhibits "B ". In lieu of court proceedings to acquire the Acquisition Area by eminent domain, the owner agrees to sell and the Town agrees to acquire fee title to the Acquisition Area for the total sum of $58,585.80 (the "Revised Acquisition Amount "), subject to the terms and conditions set forth below: $50 Revised Acquisition Amount $2 Estimated closing Costs T52 Total Not to Exceed Amount 2. 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 located on the Acquisition Area prior to close of escrow. 3. warranty Deed Document. Upon execution of this Agreement the owner shall deposit with the Town a Warranty Deed conveying to the Town title to the Acquisition Area free and clear of all liens and encumbrances. 4. No Salvage. The owner shall not salvage or remove any fixtures, improvements, vegetation, located within the Acquisition Area. Personal property may be removed prior to close of escrow. 5. Escrow and Prorations. The Acquisition Amount shall be paid 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 closing, and (c) property taxes shall be prorated based upon both the date of closing and Marana Mayor and Council Approval: ResolLItion No.: 2010 --022, Dated March 1, 2010 S111 12S�/I�12E TANGERINE_ CORRIDOR PROJECT Proiect No ST021 Parcel No. 216- 02 -012A Acquisition Agreement for Shaner Family Revocable Living Trust Page 1 of 9 the size of the Acquisition Area. Taxes will be prorated based upon the proportion of the Acquisition Area to the Owner's entire assessed parcel. 5. Security Interest. Monies payable under this Agreement may be due holders of notes secured by mortgages or deeds of trusts ("Lien holders"), up to and including the total amount of unpaid principal, interest and penalty. Those sums shall, upon demand, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer and consents for any transfer of an easement for the Acquisition Area. 7. Possession and closing. Possession of the Acquisition Area shall be given to the Town at the date of closing. closing shall be 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. 8. Environmental Representations. The Town and the owner agree that neither party is assuming any obligation of the other party relating to any potential liability arising from the environmental condition of the Acquisition Area.. Each party shall remain responsible for its obligations as set forth by law. The Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; 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 with respect to the Property. 9. Environmental Inspection Rights. The owner shall permit the Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Acquisition Area. 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 Town. If any environmental inspection reveals the presence of contamination or the need to conduct environmental clean -up, the owner shall remediate all contamination within the Acquisition Area adequate to bring it into compliance with all applicable Federal, State or local environmental regulations prior to Closing or the Town may terminate this agreement. 10. No Leases. The owner warrants that there are no oral or written leases on all or any portion of the Acquisition Area. 11. Broker's commission. No broker or finder has been used and the Town shall owe no brokerage or finders' fee related to this transaction. The owner has sole responsibility to pay all brokerage or finders' fees to any agent employed. 12. closing costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid by the Town. 13. Right of Entry. This agreement grants the Town, its employees, agents, and consultants, the right to enter the Property effective as of the date this agreement is signed on behalf of Marana Mayor and Council Approval: Resolution No.: 2010 -022, Dated March 1 2016 SIIT /R 12E TANGERINE CORRIDOR PROJECT Pro'ec� t No .ST021 Parcel No. 210-02 -012A I Acquisition Agreement for Shaner Family Revocable Living Trust Page 2of9 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. 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 to this A shall be bindin unless in writin and si 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 an remainder propert and shall relieve the Town of all further obli or claims relatin to Propert 18. 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 Settlement. The Parties acknowled that: (a) the Revised Ac Amount exceeds the amount of just compensation for the Ac Area as determined b the independent fee appraiser hired b the Town; and (b) the Revised Ac Amount was a upon throu compromise and settlement to avoid liti 20. Council Approval. This A is subject to approval b the Town Council of the Town of Marana. William P Shaner and Wada L. Shaner as Trustees of the Shaner Famil Revocable Livin Trust dated April 1, 2006 Town of Marana, an Arizona municipal corporation Wada L. Shaner, Trustee Keith Brann, P.E. CFM Town En Date: Approved as to form: Frank Cassid Town Attorne Marana Ma and Council Approval; I Resolution No.: 2016-022, Dated March 1, 2016 S1/T12S /R12E I TANGERINE CORRIDOR PROJECT Project No.ST021 Parcel No. 216-02-012A -T Ac A for Shaner Famil Revocable Livin Trust Pa 3 of 9 STATE OF ARIZONA )ss. Count of Pima The fore instrument was acknowled before me this 25 1 4' da of ZJ I*y 1 2016 b Wada L. Shaner, Trustee of the Shaner Famil Revocable Livin Trust dated April 1, 2006. In Witness Whereof, I have set m hand and official seal. (SEAL) GEORGE A. GARDIERI Notar Public - Arizona Pima Count • MY Comm. Expires Sep 4, 2019 Notar Public Marana Ma and Council Approval: I Resolution No.: 2016-022, Dated March 1, 2016 S1/T12S /R12E I TANGERINE CORRIDOR PROJECT -Project No.ST021 Parcel No. 216-02-012A Ac A for Shaner Famil Revocable Livin Trust Pa 4 of 9 July 22, 2015 EXHIBIT "A RIGHT -OF -WAY PIMA COUNTY TAB{ PARCEL 216- 02 -012A That portion of the property described in Docket 12821, page 1404, recorded in the Pima County Recorder's Office, Pima County, Arizona, located in Lot 4, Section 1, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: BEGINNING at the northwest corner of said property, upon the south right-of-way of Tangerine Road as described in Book 7, page 83 of Road Maps; THENCE upon the west line of said property, South 0 degrees 47 minutes 00 seconds East, a distance of 50.01 feet to a line 100.00 feet south of and parallel with said section line; THENCE upon said parallel line, North 89 degrees 25 minutes 27 seconds East, a distance of 344.54 feet.; THENCE perpendicular to said line, North 0 degrees 34 minutes 33 seconds West, a distance of 14.83 feet; THENCE parallel to said line, North 89 degrees 25 minutes 27 seconds East, a distance of 45.00 feet; THENCE perpendicular to said line, South 0 degrees 34 minutes 33 seconds East, a distance of 14 .83 feet to said parallel line, THENCE upon said tine, North 89 degrees 25 minutes 27 seconds East, a distance of 269.82 feet to the east line of said property; THENCE upon said east line, North 0 degrees 45 minutes 00 seconds west, a distance of 50.07 feet to said south right -of -way; THENCE upon said south right -of -way, South 89 degrees 25 minutes 23 seconds west, a distance of 659.38 feet to the POINT OF BEGINNING. As a corollary, containing approximately 32,311 sq. ft. See Exhibit B attached hereto. Prepared for the Town of Marana by PSOMAS Project No. 7TMA130101 �q L ANN r 1V I CA/ 41 18557 J. o. a� TEAGU E ms s' F 0AI A 0 , EXPIRES 9/30/16 Rw 46 T:/7TMA130101 /SURVEY \LEGALS\ Rw- 46 216- 02- 012A \RW -46 . 216- 02- 012A Legal.RTF Pg. I of 2 Marana Mayor and Council Approval: I ResolLItion No.: 2016 -022, Gated March 1, 2016 S 11T12S IR TANGERINE CORRID PROJECT Project No.ST02 Parcel No. 216- 02 -012A Acquisition Agreement for Shaner Family Revocable Living Trust Page 5 of 9 -u U) CD z C/) NO rQ 6 C) > c: Z3 0 -0 > 0 G) < M z m > 0 C) CD tn 0 1;0 E 0 0 Z) 0 :3 > Z (D CD 0 c) (D m 0 � � C) U) 0 CQ (D :3 C - ) CD (D C) C/) 0 :T C) -Al po (D < 0 CD cp T CL) a:) CD ) 0 h cc NW COR. SEC 1 3 3" BRASS DISK IN HAND HOLE MKD. '*TOWN OF MARANA RLS 19316" TANGERINE ROAD cc (50s) BK 7, PG. 83 RM N 89"25"27" E 2637.641 (B.O.B.) P.C. 0 25' TEP ESMT. EXISTING ROW B. DKT- 6842, PG. 557 L8 lr_ -L 25" TEP ESMT. DKT. 6842, PG. 560 0 RW 46 32,31 SQ.FT . L4 L2 CN TCE 37 100.00' 1 W 15' TO PUBLIC FOR ROAD PURPOSES. DK- 1805 PC. 90 cli cl CC NOTE- (C): CALCULATED ]-%:) 114 u Ll L4 N 8 THE SECONDARY DESCRIPTION AND DEPICTION ARE SECONDARY TO THE PRIMARY PROPERTY DESCRIPTION AND IS L5 s 00 INCLUDED AS AN AID TO DETERMINING THE AREA OF THE PROPERTY DESCRIBED. DIMENSIONS SHOWN ARE A MIXTURE 0 W 14-83" OF RECORD, SURVEYED AND CALCULATED DATA. INFORMATION WAS COMPILED FROM TOM OF MARANA L6 N 8 RIGHT—OF—WAY PLAN NO. 2013-007, PROJECT NO. ST021, TANGERINE ROAD CORRIDOR, AND PUBUC RECORDS IN L7 N G THE OFFICE OF THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA, PARTICULARLY IN SEQ. 20122980200, AND 9"25'27" E 269.82" THE VESTING DEED OF THE SUBJECT PROPERTY, I LS S 8 Ps0 EXHIBIT "B" 659.3+87 PIMA COUNTY TAX PARCEL 216-02-012A = F- Waftwo Road. SUtta *0 Tucwn. AZ M705 RIGHT-OF-WAY (WO) =-23W (WO) 292-1290 fox wvrw4m=cs.=n LOT 4, SEC. 01, T12S9 R12E GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ 7TMAl 30101 DATE: 7/22/2015 DRAWN BY: CL DE 1 L6 PROPOSED ROW 20" X 35' VERIZON WIRELESS LEASE SITE TCE 36 DKT. 5574, PG. 60 4 � � — D \ 216-02-012A E 15' TO SHANER FAMILY REVOCABLE TR. PUBLIC FOR DKT 12821, PG. 1404 ROAD PURPOSES. DK- 18053 PG. 90 N 1/4 COR. SEC 0' 3" BRASS DISK IN CONCRETE MKD. "ARIZONA DOT T11 R 12 36-1 T12S R13E RLS 18211 4z 4z LINE BEARING DISTANCE Ll S 0*47"00 50.01' L2 N 89'25'27" E 344-54 0 W 14-83" 9025"27" E 45-00' 34"33" E 14.83' 9"25'27" E 269.82" 45"00"'W (C) 50.02 90'25'23" W 659.3+87 SCALE 1 =70' RW 46 EXHIBIT (@ July 22, 2015 EXHIBIT "A" DRAINAGE EASEMENT PIMA COUNTY TAX PARCEL 216- 02 -012A That portion of the property described in Docket 12821, page 1404, recorded in the Pima County Recorder's Office, Pima County, Arizona, located in Lot 4, Section 1, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows. COMMENCING at the northeast corner of said property, upon the south right - - way of Tangerine Road as described in gook 7, page 83 of Road Maps; THENCE upon the west line of said property, South 0 degrees 45 minutes 00 seconds East, a distance of 50.02 feet to a line 100.00 feet south of and parallel with said section line; THENCE upon said parallel line, South 89 degrees 25 minutes 27 seconds West, a distance of 159.80 feet to the POINT OF BEGINNING; THENCE perpendicular to said line, South 0 degrees 34 minutes 33 seconds East, a distance of 25.00 feet; THENCE parallel to said line, South 89 degrees 25 minutes 27 seconds West, a distance of 90.00 feet; THENCE perpendicular to said line, North 0 degrees 34 minutes 33 seconds West, a dista nce of 25.00 feet to saic parallel line; THENCE upon said line, North 89 degrees 25 minutes 27 seconds East, a distance of 90.00 feet to the POINT OF BEGINNING. As a corollary, containing approximately 2,250 sq. ft. See Exhibit B attached hereto. Prepared for the Town of Marana by PSOMAS Project No. 7TMA130101 p L ANp S �V( ar 18557 3 Ct:: J.0. TEAGUE �0 A 0,1 EXPIRES 9/30/16 DE 28 T:\7TMA130101\SURVEY\LEGALS\ RW -4E, 216- 02- 012A\DE -28 - 216- 02-- 012A — Lega I.RTF Pg. 1 of 2 Marana Mayor and Council Apl)roval: Resolution No.: 201 6 -022, Dated March 1, 20'15 S1 frl2S /R 2E TANGERINE CORRIDOR PRO JECT Proiect No,ST021 Parcel No, 2'16-- 02 -012A Acquisition Agreement for Shaner Family Revocable Living Trust Page 7 of 9 co CD C/) o ND I m 0 cr> 6 CD rQ 0 > c: Z5 0 -0 > -0 z I 0 G) < M z m > 0 _ 0 (D (n 0 Z) 0 Z3 > Z CD (D 0 L CD M 6 cn 0 CD 0 CD CD 0 C/) N CD rQ < CD 0 CD CD co 0 NW COR. SEC 1 3" BRASS DISK IN HAND HOLE v BRASS "TOWN OF MARANA RLS 19316" cq Lo IN, t2 4 Ln N 1/4 COR. SEC 01 3" BRASS DISK IN CONCRETE MKD- "ARIZONA DOT T1 1 S R12E 36-1 T12S R13E RLS 18211" FL 0- TANGERINE ROAD (503) BK 7, PG. 83 RM N 89'25' 27" E 2637.641 (B.O.B.) 25' TEP ESMT. DKT. 6842, PG. 557 EXISTING ROWN 25' TEP ESMT. DKT. 68421 PG. 560 P.O.C. DISTANCE Ll S 0*45'00" 50.02' L2 S 89*25'27" W 159.801 L3 S 00'*34'33" E 25.00' L4 RW 46 90.00' L5 N 004'34"33" W 25.00' L6 N 89*25127" E 7L6 P.O.B. G=j � L2 TCEJ PROPOSED ROW a=j ( 37 1 100.00" r"ql: 20' X 35' VERIZON DE 28 WIRELESS LEASE SITE 2,250 `� � J I TCE 36 DKT- 5574, PG. 60 SQ. FT. W 15' TO PUBLIC FOR 216-02-012A E 15" TO SHANER FAMILY REVOCABLE TR. PUBLIC FOR ROAD PURPOSES. DKT 12821 p PG. 1404 ROAD PURPOSES. DK. 1805, PG. 90 DK. 1805, PG. 90 NOTE: THE SECONDARY DESCRIPTION AND DElllla0N ARE SECONDARY TO THE PRIMARY PROPERTY DESCRIPTION AND IS INCLUDED AS AN AID TO DETERMINING THE AREA OF THE PROPERTY DESCRIBED. DIMENSIONS SHOWN ARE A MD(TURE OF RECORD. SURVEYED AND CALCULATED DATA. INFORMATION WAS COMPILED FROM TOWN OF MARANA RIGHT-OF-WAY PLAN NO. 2013-007, PROJECT NO. ST021, TANGERINE ROAD CORRIDOR, AND PUBLIC RE=S IN THE OMCE OF THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA, PARTICULARLY IN SEQ. 20122980200, AND THE VES71NG DEED OF THE SUBJECT PROPERTY. P S 0 M A 333 L Wet rdn Rand, Skins 450 TUCSON 112 SMS (520) 292 -23M (524) 292-1290 f= c&Cml 7TMA1 30101 LINE BEARING DISTANCE Ll S 0*45'00" 50.02' L2 S 89*25'27" W 159.801 L3 S 00'*34'33" E 25.00' L4 S 89*25"27" W 90.00' L5 N 004'34"33" W 25.00' L6 N 89*25127" E 90.0 EXHIBIT 23BIl PIMA COUNTY TAX PARCEL 216-02-012A DRAINAGE EASEMENT LOT 4, SEC. 01, T12S, R 12 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ DATE: 7/22/2015 DRAWN BY: CL i� I� SCALE: 1"=70' lolleze EXHIBIT 0 - Q CI]_ CD Z c o rQ 1 N D o CD- N) o Z3 a C M m p CD a Q a c > ;0 o cn :. CD N 3 c o CD m Q � N a PO o D 0 CD CD (D cL 0 M � 3 � N 0 � 0 CD r CD QD D TANGERINE ROAD (50') BK 7 PG. 83 RM 0 25' TEP ESMT. EXISTING Raul 25' TEP ESMT. DIET. 6842, PG. 557 DKT. 5842, PG. 560 RW 46 125.00' 120.00 175.61 DE 28 V PROPOSED ROW [L-j 20 X 35 VERIZON WIRELESS © .. ELESS LEAS E S ITE DIET. 5574, PG. 60 TCE 37 ti •.i '�. 1,750 SQ.FT. e_ •. li " lv .t TCE 36 12 SQ.FT. � illl 15' TO E 15" TO --�� PUBLIC FOR 50.00' PUBLIC FOR ROAD PURPOSES. A ROAD PURPOSES. DK. 1805 PG. 90 Aff \ii DK. 1805 PG. 90 216- 02 --012A .,"9- SHANER FAMILY REVOCABLE TR 5255 W. TANGERINE RD. 18557 ` 5210 W HOLLYWOOD BL. J.O. MARANA, AZ. 85658 TEAGU E TOM 43 �0 �A i P S 0 M A S TANGERINE ROAD EXHIBIT = E Watn m Rood. sum � SHANER FAMILY REVOCABLE TR TCE 3 & 3 7 85705 (5207 292 [WO) 29�tZo � T.O.M. PROJECT No.: ST021 www.p"m°s.cm APN: 216-02-012-A TTM Al 301 5255 W. TANGERINE ROAD, MARANA, AZ, 85658 EXHIB1T � DATE: 7/22/2015 DRAWN BY: CL 1