HomeMy WebLinkAboutResolution 2016-100 Approving settlement agreement with Kurcz Revocable TrustMARANA RESOLUTION NO. 2016-100
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A
WATER SERVICE AND SETTLEMENT AGREEMENT WITH THE LOTTIE KURCZ
REVOCABLE TRUST
WHEREAS the Town desires to honor a 2001 Water Department commitment for water
service to propert at the northwest corner of Wentz Road and Sa Road, g ivin g due
consideration to the current Town staff s understandin and belief as to what that commitment
would mean when applied to the fees currentl applicable to new water service and
WHEREAS the Ma and Council of the Town of Marana find that this resolution is in
the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Water Service and Settlement A with the Lottle Kurcz
Revocable Trust attached to and incorporated b this reference in this resolution as Exhibit A is
hereb approved, and the Ma is hereb authorized to execute it for and on behalf of the Town
of Marana.
BE IT FURTHER RESOLVED that the Town's Mana and staff are hereb directed
and authorized to undertake all other and further tasks re or beneficial to carr out the
terms, obli and objectives of the a
PASSED AN ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 4"' da of October, 2016.
N (o,
(A MARANA 7
^V'%V
ATTEST:
Z
ocel q. Town Clerk
00048912. DOCX /I
Marana Resolution No. 2016-100
Ma Ed Honea
APPROVED AS TO FORM:
rok Cas4d Town A
9/22/2016 10:37 AM
TOWN OF MARANA
WATER SERVICE AND SETTLEMENT AGREEMENT
(Lottie Kurcz Revocable Trust)
THIS WATER SERVICE AND SETTLEMENT AGREEMENT (this "Agreement ") is entered into by
and between the TOWN OF MARANA (the "Town "), an Arizona municipal corporation, and THE LOTTIE
K.URCz REVOCABLE TRUST DATED OCTOBER. 5, 2001 (the "Applicant"). The Town and the Applicant
are sometimes collectively referred to as the "Parties," either of which is sometimes individually re-
ferred to as a "Party."
RECITALS
A. The Applicant has applied to the Town for a water meter and water service to the prop-
erty owned by the Applicant and located at 14311 Wentz Road, Pima County Assessor's Parcel
Number 217- 21 -016P an approximately 22.52 acre parcel of land located at the northwest corner
of Wentz Road and Sagebrush Road in the Southeast Quarter of the Southeast Quarter of Section
18, Township 11 South, Range 11 East, G &SRB &M, Marana, Arizona, and referred to in this
Agreement as the "Property." The Property is particularly described in the Warranty Deed and
Quitclaim Deed referenced in recital B below.
B. The Applicant is a revocable trust established by Lottie A. Kurcz, an unmarried woman,
who originally acquired the Property in her own name pursuant to a warranty Deed recorded in
the office of the Recorder of Pima County, Arizona, on December 1, 2000, at Docket 11436, Page
2664 (Sequence 20002320737), and who placed the Property into the name of the Applicant pur-
suant to the Quitclaim Deed recorded in the office of the Recorder of Pima County, Arizona, on
January 24, 2002, at Docket 11722, Page 5104 (Sequence 20020 161 026). Lottie A. Kurcz is the
sole Trustee and Beneficiary of the Applicant. For simplicity Lottie A. Kurcz and the Applicant
are sometimes collectively referred to in this Agreement as "Kurcz. "
C. Kurcz and others granted the Town a 25 -foot easement for utilities pursuant to an In-
gress/Egress and Utility Easement dated January 19, 2001, and recorded in the office of the Re-
corder of Pima County, Arizona, on February 9, 2001, at Docket 11483, Page 614 (Sequence
20010280222) (the "Easement ").
D. The files of the Town's water Department associated with the Easement include a
signed but unrecorded copy of the Easement and the document attached to this Agreement as Ex-
hibit A a copy of the Town's then - standard form "Application for water Service" filled out for
the Property in the handwriting of the Town's then - sitting water Director, with signed notes stat-
ing "Connection Fee waived" and "This Service is exchanged for the 25' Easement in Sagebrush
Rd."
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E. The Town's fees for water service have changed, increased, and expanded in scope since
2001, and now include fee elements and types not in existence in 2001.
F. The Town desires to honor the commitment for service to the Property made by the
Town's former water Director in a manner consistent with and giving due consideration to the
current Town staff s understanding and belief as to what that commitment would mean when ap-
plied to the fees currently applicable to new water service.
G. The Parties wish to fully settle any possible outstanding obligation the Town may have
to Kurcz and the Applicant associated with the Easement.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement, the Parties hereby agree as follows:
1. Town fee waiver. The Town agrees to waive or, if the Applicant has already paid pending
the consideration and approval of this Agreement, to reimburse the Applicant for, a total of $2,482
for the following fees associated with the provision of water service to the Property:
1.1. The fee entitled "New Water Meter; 518" Meter" in the Town's Comprehensive Fee Sched-
ule, in the amount of $360 for one five- eighths inch water meter to serve the Property.
1.2. The water Infrastructure Development Impact Fee for the North Marana Service Area, as
adopted by Section 1 of Marana ordinance No. 20 14.013, in the amount of $2,122 for one five -
eighths inch water meter to serve the Property.
2. Applicant's payment obligations. The Applicant shall be responsible for all other fees and
costs associated with obtaining water service to the Property, including but not limited to the fol-
lowing:
2.1. The water Resources Development Fee for the North Marana Service Area, as adopted by
Section 2 of Marana ordinance No. 2014.013 in the amount of $1,771 for afive-- eighths inch
water meter.
2.2. The fee entitled "Utilities New Service Refundable Deposit Fee; 518" x 314" Meter" in the
Town's Comprehensive Fee Schedule, in the amount of $130 per meter.
2.3. All construction costs associated with installing the service line to provide water service
to the Property, including but not limited to removing and replacing asphalt and aggregate base
course (ABC) backfYill, providing traffic control, and paying for barricades and shoring safety de-
vices (all of which is collectively referred to in this Agreement as the "Work " ).
2.4. All standard monthly water fees, as they may be duly amended from time to time.
3. Applicant's waiver. In consideration of the Town's performance of its obligations under
this Agreement, the Applicant waives any and all claims it may have against the Town through the
effective date of this Agreement for water service to the Property and for compensation associated
with the Easement.
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4. Miscellaneous
4. Indemnit Applicant shall indemnif defend, and hold harmless the Town, its Ma and
Council, officers and emplo boards, committees and commissions from and a an loss,
claim, suit, demand, cause of action, or liabilit of an nature, includin but not limited to dama
to propert and injuries to persons, includin death, arisin or alle to have arisen, in whole or
in part, out of an ne act or omission of Applicant or an contractor, subcontractor, or an
person emplo directl or indirectl b an of them in the performance of the Work provided,
however, that Applicant's indemnit shall not extend to an loss, claim, suit, demand, cause of
action, or liabilit arisin from the ne act or omission of the Town.
4.2. Bindin effect. This A shall be bindin upon and inure to the benefit of the heirs,
executors, administrators, successors and assi of the Parties.
4.3. Cancellation for conflict of interest. This A is subject to A.R.S. § 38-511, which
provides for cancellation in certain instances involvin conflict of interest.
N WITNESS WHEREOF, the Parties have executed this A as of the last date set forth
below their respective si
The "Town",- The "Applicant":
TOWN OF MAR.ANA, an Arizona municipal THE LOTTIE KURCz REvoCABLE TRUST DATED
corporation OCTOBER 5, 2001
Y :
Ma Ed Honea
Lottie A. Kurcz, sole Trustee
ATTEST:
4 el C. Yonson, Town Clerk
APPROVED AS TO CONTENT.-
0095�
Kmiec, Water Director
APPROVED AS To FORM:
Fr k C sidy, Town A e
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EXHIBIT A TO WA TER S'ER VICE AND ►SETTLEMENT A GREEMENT
TOWN OF MARANA
MiTNICIPAL WATER SYSTEM
12775 N. Sanders Road
Marana, Arizona 85653
(520) 616A908
08
ACCOUNT #
APPLICAN'T'S NAM
SERVICE ADDRESS
RESIDENCE BUSINESS
MAILING ADDRESS
HOME PHONE #
PLACE OF EUTLO
PHONE #
LANDLORD" S NAME PHONE #
HAS WATER. SERVICE BEEN PROVIDED AT ADDRESS PREVIOUSLY? YES NC.
AGREEMBNT TO ACCEPT WATER SERVICE: I hereby apply for water service at the above location. I
understand that the Marana Municipal water System will attempt to make water service available upon completion
of this application and the posting of the required deposit. I further understand that if this application for service
involves the extension of water line, that service will be made available only upon completion of engineer* g details
and duly executed contfactual agreements between the parties. This application is valid for 60 days frorn the date of
signing. I agree to accept service when construction is completed_
This service agreement is for the provision of water to one customer on the desm`bed property. Although the
Marana Municipal water System will, if possible, provide water to all residents within its service area who apply for
service, limitations on its system make it impossible for the Marana Municipal water System to guarantee that
service will be provided to new owners or tenants on the property, in the event the property is later split or
subdivided. This is the vase even where, pnior to splitting or subdividing the property, there is more than one water
meter on the property. Applicant understands and accepts this limitation.
It is the Applicant's responsibility to notify the water utility director in waiting of any medical condition which
would be ae ed by a temporary or permanent inte rruption of service.
APPLICANT. DATE
Deposit S Service Charge $ Total Date Paid
FOR OMCE USE
METER IDO METER SERIAL# TRANSPONDER. #
Route #
BEGIN METER READING
BY DATE
0 A
�WSI
MESSAGE PHONE #.�S'a o
OWN RENT
H: WATMN Mw SAPP.t OC
APPLICATION FOR WATER SERVICE