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HomeMy WebLinkAboutResolution 2016-109 Approving water servce and settlement agreement with ReyherMARANA RESOLUTION NO. 2016-109 RELATING TO UTILITIES APPROVING AND AUTHORIZING THE MAYOR TO SIGN A WATER SERVICE AND SETTLEMENT AGREEMENT WITH JAY E. REYHER & JANICE D.REYHER WHEREAS the Town desires to honor and settle a 2001 Water Department commitment for water service to propert near the northwest corner of Wentz Road and Sa Road and WHEREAS the Ma and Council of the Town of Marana find that this resolutioll is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL 01A THE TOWN OF MAR-ANA, that the Water Service and Settlement A with Ja E. Re and Janice D. Re 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 AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 18t" da of October, 2016. ATTEST: W ,r,'cel y n C onson Town Clerk 00049101. DOCX /I Marana ReSOILItion No. 2016-109 Ma Ed Honea 10/4/2016 2.09 PM APPROVED AS TO FORM: TOWN OF MARANA WATER. SERVICE AND SETTLEMENT AGREEMENT (Jay E. Reyher &Janice D. Reyher) 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 JAY E. REYHER & JANICE D. REYHER (the "Applicants "), husband and wife. The Town and the Applicants are sometimes collectively referred to as the "Parties," either of which is sometimes individually re- ferred to as a "Party." RECITALS ALS A. The Applicants have applied to the Town to replace a five - eighths inch water meter and water service with a three - quarter inch water meter and water service to the property owned by the Applicants and located at 13600 west Price Lane, Marana Arizona, Pima County Assessor's Par- cel Number 217-22-529A—an approximately 10 acre parcel of land located northwest of Wentz Road and Sagebrush Road in the Southwest Quarter of the Southeast Quarter of Section 18, Town- ship 11 South, Range 11 East, G &SRB &M, Marana, Arizona; consisting of approximately the east 330 feet of Lot 2 of white Farms subdivision, recorded in the office of the Recorder of Pima County, Arizona, on October 18, 2001, at Book 55 of Maps and Plats, Page 28; and referred to in this Agreement as the "Property." B. The Applicants and others granted the Town a 25 -foot easement for utilities pursuant to an Ingress /Egress and Utility Easement dated January 19, 2001, and recorded in the office of the Recorder of Pima County, Arizona, on February 9, 2001, at Docket 11483, Page 614 (Sequence 20010280222) (the "Easement "). C. The files of the Town's water Department associated with the Easement include a signed but unrecorded copy of the Easement and a copy of the Town's then - standard form "Ap- plication for water Service" filled out for a parcel located adjacent to the Property in the hand- writing of the Town's then - sitting water Director, with signed notes indicating that water service was being exchanged for the Easement. D. Although the Town's water Department files do not contain similar documentation re- lated to the Property, the Applicants contend that a similar deal was made with respect to the Property, and the Town's then - sitting water Director has supported the Applicants' contention in communications with current Town water Department staff. 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. 0004901 L DOCX 11 Jay E. Reyher & Janice D. Reyher 9/27/2016 9:28 AM 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 the Applicants 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 Applicants have already paid pending the consideration and approval of this Agreement, to reimburse the Applicants for, a total of $825 for the following fees associated with the provision of water service to the Property: 1.1. The $425 fee to up -size a five - eighths inch water meter to a three - quarter inch water meter, to serve the Property. 1.2. The $400 three - quarter inch meter installation fee for the Property. 2. Applicants' payment obligations. The Applicants shall be responsible for all other fees and costs associated with obtaining up -sized water service to the Property, including but not lim- ited to the following: 2.1. The $3 54 fee difference for a three - quarter inch water meter versus for a five- eighths inch water meter in the 'Dater Resources Development Fee for the North Marana Service Area, as adopted by Section 2 of Marana ordinance No. 20 14.013. 2.2. All standard monthly water fees, as they may be duly amended from time to time. 3. Applicants' waiver. In consideration of the Town's performance of its obligations under this Agreement, the Applicants waive any and all claims they may have against the Town through the effective date of this Agreement for water service to the Property and for compensation asso- ciated with the Easement. 4. Miscellaneous 4.1.Binding effect. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 4.2. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511 , which provides for cancellation in certain instances involving conflict of interest. 0004901 LDOCX I1 .lay C. Reyher & Janice D. Reyher -2- 9/27/2016 9:28 AM IN wrrNESS WHEREOF, the Parties have executed this A as of the last Part si date below. The "Town": TOWN OF MARANA, an Arizona municipal co w e Ma Ed Honea Date ATTEST: Jocel C. Bronson, Town Clerk APPROVED AS TO CONTENT: n Kmiec, 'Water Director APPROVED AS To FORM: k Cp ic y , Town me The "Applicants": '7 ; 66 t. Re Date 9 Zv Janice D. Re Date 0004901 L DOCX /I Ja E,'. Re & Janice 1). Re 9/27/2016 9:28 AM