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Home My WebLink AboutResolution 2017-036 Authorizing acquisition of lands and property rights needed for the Marana Road Relignment F, ANN RODRIGUEZ, RECORDER Recorded By: LW DEPUTY RECORDER �a��'� ' � SEQUENCE: 20171420098 41 NO. PAGES: 2 W MARANA TOWN OF ~' ARES Q5/22/2017 PICKUP 10:19:44 ��ZQ�� PICK UP AMOUNT PAID: $9.00 MARANA RESOLUTION No. 2017--036 RELATING TO PUBLIC WORKS; AUTHORIZING THE ACQUISITION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE MARANA ROAD REALIGNMENT, TOWN OF MARANA PROJECT NO. S T044 WHEREAS the Town of Marana is finalizing plans and preparations for the construction of the Marana Road Realignment, Town of Marana Project No. ST044; and WHEREAS the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Marana Road Realignment, (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS the right-of-way and construction plans for the Marana Road Realignment are sufficiently finalized for the Needed Property to be specifically identified on a parcel by par- cel basis; and WHEREAS the Town has received from the affected property owners deeds of dedica- tion and other instruments transferring the Needed Property to the Town at no cost; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma- rana, Arizona, as follows: Section 1. The particular rights-of-way, easements, and other property rights that consti- tute the "Needed Property" are those set forth on the plan set prepared by the engineering firm PRESIDIo ENGINEERING, INC. entitled "MARANA ROAD REALIGNMENT AND RECONSTRUCTION OF 1.23 MILES OF 2-LANE ROADWAY, PORKCHOP AND NEW ROUNDABOUT INTERSECTION ALONG WITH DRAINAGE IMPROVEMENTS PROJECT No. ST044," the most recent iteration of which is dated April 3, 2017; and those set forth in the "Sandario Road/Marana Main Street Detour Agreement" attached as Exhibit A. Section 2. The Mayor is authorized to sign on the Town's behalf the "Sandario Road/ Marana Main Street Detour Agreement" in substantially the form attached as Exhibit A to this resolution. Section 3. The Town Manager and Town Engineer are hereby authorized to execute on the Town's behalf any and all other documents necessary to acquire the Needed Property. Section 4. Town staff is hereby authorized and directed to pay on the Town's behalf all title insurance fees and closing costs associated with the Town's acquisition of the Needed Prop- erty. 00052001.DOCx/2 Marana Resolution No.2017-036 1 - 4/21/2017 9:03 AM PASSED AND ADOPTED BY THE MAYOR. AND COUNCIL OF T-1II' '.I'(-)WN OF MARANA, ARIZONA, this 217 day of May, 2017. Mayor Ed H nea ATTEST: APPROVED AS TO FORM: celyn C. ronson, Town Clerk Kr C 'dy, To A orney MARANA 00052001.DOCx/2 MCtCana Resolution No.20117-036 - 2 .. 4/21/21)17 9:03 AM SANDARIo ROAD/MARANA MAIN STREET DETOUR AGREEMENT Town of Marana,Arizona This Agreement is entered into by and among the TOWN of MARANA(the"Town"),an Arizona municipal corporation; MARANA MAIN STREET, LLC ("MMS"), an Arizona limited liability company; MARANA HOSPITALITY, LLC ("M.H"), an Arizona limited liability company; MARANA HOSPITALITY 11, LLC ("M142"), an Arizona limited liability company; and FIDELITY NATIONAL TITLE AGENCY,INC., an Arizona corporation, as Trustee under Trust No. 60434 and not otherwise (the "Trust"). MMS, MH, MH2, and the Trust are sometimes collectively referred to as the "Property owners,"any one of which is sometimes referred to as a"Property owner."MMS,MH, MH2,the Trust,and the Town are sometimes collectively referred to as the"Parties,"any of which is sometimes individually referred to as a"Party." RECITALS A. The Town has completed 1.00% plans (the "Plans") for the design of the Marana Road Realignment and Reconstruction project, Marana Project No. ST044 (the "Project"), and the Property owners have received and reviewed electronic or paper copies of the Plans. B. The Project includes the construction of a roundabout(the"Roundabout")on Sandarlo Road at its future intersection with Marana Main Street(which will be constructed as part of the Project). C. During construction of the Roundabout, traffic on Sandario Road will need to be diverted for a period of three to six months. D. The Town,in consultation with the Property owners,has prepared the proposed detour neap (the"Detour Map") attached to and incorporated by this reference in this Agreement as Exhibit A. The detour depicted on the Detour Map is referred to in this Agreement as the "Detour." E. Except where it intercepts or crosses public right-of-way,the Detour will be located entirely on lands owned by one or more of the Property owners. F. At the Property owners' request, the alignment of the Detour has been set and the Detour will partly be located in areas where the Property owners plan to have permanent driveways or parking areas. G. To accommodate the permanent use of the pavement that will initially be used for the Detour,the Property owners have asked that the portion of the Detour outlined in red on the Detour Map be constructed with three inches of asphalt over four inches of aggregate base course. H. The Town is willing to construct the Detour as requested by the Property owners, so long as the Town's anticipated costs for constructing the Detour do not exceed those that would reasonably have been incurred if the entire Detour had been constructed as a temporary roadway (two inches of asphalt over compacted subgrade). 00051662.DOCX 13 SANDARIo ROAD/MARANA MAIN STREET DETOUR AGREEMENT 411412017 11:26 AM _ I - 1. The Town has compared the relative costs, and has determined that the Town's portion of the costs of constructing the Detour as proposed pursuant to this Agreement is roughly equivalent to the Town's anticipated cost of constructing the entire Detour as a temporary roadway and acquiring temporary property rights from the Property owners to accommodate the Detour. J. The Property owners are willing to participate in the construction of the Detour as proposed pursuant to this Agreement and to allow the use of their land as shown on the Detour Map and in accordance with this Agreement in exchange for the benefits accruing to the Property owners as a result of this Agreement and the construction of the Proj ect. 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. Construction of the Detour.The areas shown with solid gray shading on the Detour Map are the locations where a new roadway and pavement will be installed for the Detour. In the area outlined in red on the Detour Map,the Property owners shall construct the sub-base and aggregate base course and shall do all things necessary for the placement of asphalt,and the Town shall place three inches of asphalt.The Town will construct other areas of the Detour as a temporary roadway, and will remove the asphalt from those temporary roadway locations upon termination of the Detour.The Town will be responsible for removing the fence along Denny Street to accommodate the Detour and for replacing it upon termination of the Detour. 2. Temporary easement. The Property owners hereby grant a temporary easement over their lands as depicted on the Detour Map(the "Detour Land"). The Detour Land includes not only the areas of the Property owners' properties that are shaded on the Detour Map,but also those already- paved areas of the Property owners' properties that will be used for the Detour; specifically, the area shown as "McDonald's Driveway (Private)" and the intersection east of it, all as shown on the Detour Map. 3. Duration.The temporary easement granted by this Agreement shall begin upon the Property Owners' completion of the subbase and aggregate base course as described in paragraph 1 above and shall continue for a period of 1$0 days thereafter, unless extended by written instrument executed by the Parties. 4. Scope. The Town and the public may use the temporary easement granted by this Agreement in a manner consistent with the use of a typical public roadway, and the Town shall be responsible to regulate and police the use of the Detour as it would any other Town public roadway. 5. Waiver of compensation. In consideration of the benefits received under this Agreement,the Property owners waive all rights or claim to compensation under this Agreement. 6. Indemnification. The Town hereby agrees to indemnify, defend and hold the Property Owners harmless from and against any and all claims, loss, cost, liability, expense or damage (including, without limitation, reasonable attorneys' fees)arising out of or in connection with: (i) the use of the Detour by the Town or any of its agents or any members of the public; (i i)any breach of this Agreement by the Town; and (iii) any other occurrence upon the Detour during the period this Agreement remains in effect (except those arising solely from the actions of the Property Owners or its agents). 7. Recording. This Agreement shall not be recorded. 00051662.DOCX 13 SANDARIo ROAD/MARANA MAIN STREET DETOUR AGREEMENT 4110/2017 11;26 AM - 2 - 8. Counterparts. This Agreement may be executed in identical counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature pages and this Agreement may be executed by the affixing of the signature pages, and all of such counterpart signature pages shall be read as though one,and they shall have the same force and effect as though all the signers had signed a single signature page. 9. Conflicts. This Agreement is subject to A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives as of the last Party's signature date below. The "Town".- The"Property Owners": TOWN OF MARANA, an Arizona municipal MARANA MAIN STREET, LLC, an Arizona corporation limited liability company MARANA Hosi:,ITALFI-Y, LLC, an Arizona By: 4,A,�- limited liability company an Arizona MIARANA HOSPITALITY 11, LLC, Ed Honea, Mayor limited liability company Date 11111111111111P By: ATTEST: M. hr(S Monson, Manager Date: elyn Br son, Town Clerk FIDELITY NATIONAL TITLE AGENCY,INC., an APPROVED AS TO SUBSTANCE: Arizona corporation, as Trustee under Trust No. 434 and not otherwise ;Keith B' By: rann, Town Engineer Martha Hill, Trust Officer APPROVED 4A-'To FORM: Date: 13,/Z Fr,n assiJ own Attorn N STZ 1E OFF A A ss County of Pima VV11- The foregoing 'Instrument was acknowledged before me on April 12017 by M. Chris Monson, Manager of MARANA MAIN STREET, LLC, an Arizona limited liability company., MARANA 00051662.DOCX/3 SANDARlo ROAD/MARANA MAIN STREET DETOUR AGR11]-`.MF'NT 4/10/2017 11:26 AM - 3 - HOSPITALITY, LLC, an Arizona limited liability company, and MARANA HOSPITALITY II, LLC, an Arizona limited liability company, on behalf of the LLCs. (Seal) t C.WARM . k' �--�� I Ic `} Notary RAft-Arizona County U Notary Public My Co nrni"on Expires December 14,2019 STATE Or ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on AprilZ3��' ,Zoll by Martha Hill,Trust Officer of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, asT u ee under Trust No. 60434 and not otherwise. (Seal) 16 14 v OFFICIAL SEAL Notary P l is PALILETTE R. FRA10L1 w' NOTARY PUBLIC-ARIZONA 'IMA COUNTY J9 2 y Comm. Exp. July 7, 20 � 44451662.DOCX 13 SANDARIo ROAD/MARANA MAIN STREET I)ETOUR AGREEMENT 4/14120117 11:26 AM - 4 - APN 217-28-0380 FIDELITY TR. 60434 e� w [y �,.: ff``� .,,', � ; � ,-=; :.•,. _ APN 217-28-0390 k. :.+.a ! • !' t i ,7..f'' ....... ................... ......................... 5l:IlE 7•w f .. . :. A DONA Q'S DRIVEWAY'�y T{y ............. ....................... :::' " [ �.._....�._. FIDELITY TR.60434 24. APN 217-28-0410 s y _.....................: MARANA HOSPITALITYLLC L8 ............................. MARANA HOSPITALITY,LLC. , MARANA MAIN STREET E { I 217-28-0370 LLC ....ti�,.�........� �; � r' APN �.._-'--...... _ € '°t _ �~ APN 217—EB-0450 � ......., I ! . r ........ i i NOTE: CO RACTOR TO COORDRTE MM Torn+OF WAM FOR wtTIM AND FPDR ONTk CONTROL AT INTERFACE r OF PROPDSFA DETOUR PAVING AND ROURDA A PAVING OF 1,W W f MN STREET. T APN 217-28-0360 i ! I 1 k....................... ............ y.. ................ t } I FIDELITY TR.6[]434 i APN 217-28-0430 i APN 217--28—OBSU 15... J.; i ! { BOFFO ENTERPRISES LLC. NOTE, N2 BLK.1 ANk DETOUR ALI[WEW AND DETOUR �S u:,y PAVUENT SECTION TO BE DUGUNED BY APN 217-28-0340TOWN OF wWAu � I ;j x I I € BOFFO ENTERPRISES LLC. FK)EUTY TR. t I S2 BLK.1 APN 217-28-042060434 r APN 217-28--0330 41 DENNYSTREET-'1Fa:�c) -------------- ........• ........................................ fis Press1^ ti.3•lac rd lk+xiai�'•ir� 1s:c�Fic�eur.ci Ri- [1Jl r!SS•f�:acz bh:u LS>;3 UTILITY STATEMENT MARANA ROAD DETOUR EM81T 14 U ONA'tY W(OWE:XIMID kil-m o;nfs:pix;Kf�02'Wo{;(A sfx%! F) MJECT NO.STO" NVAUR-f lkftk15 AS:(Kuht.:k?l.'QAW''k R i(w-Ff C FVC NN'WW / zm7{aOz7eCtsresSsiaCavaR#£1 'R',k1 i<f f?biQ Ai,C[R,"'N tWi.El Ki S s;lxt €;f751 £ k-1.6TIL-16 0(&V i—tk3tel"ab v-No Wdk gv-,Z*a 1 iVRGA UO r-Ick sl,f 1{x 9iIM.hlr a&Tp.Wot i4 A ffiiFs;3r(��Ei�i 73,1•ll.c H,11..E ?! kfcfsw. (,p P.rIN.C.'My iii:!}Y.'i i L•Yi"'fC?Ok'Vi;-Y F {�r�•^:+i4c!d1-;F-�A lu1.i Ca kE �-`:ti5.--ti' i Qa431.Tia\Cf!;+lt�ds�RiA iWY,A 0M. Nil t ': ;3_�kI1�7.,S.x??GG'i_C4..�4T.��5ZI i lK� �' ii zN'S t3 473 ��i'?i>�Js .�n i 5 `!ity Tf�• .5�'• Y_�'[ �E "k{. J.R. J.R. J.D.W. [iS f8 C rcc ACali e�CraeiY7 8 asmx•� OWE w/.27/2017 115002-01 1'-30' EXHIBIT A TO DETOUR AGREEMENT