HomeMy WebLinkAboutResolution 2017-114 Approving Mayor to execute a Farming ROW License for Gladden Farms II F. ANN RODRIGUEZ, RECORDER (III0IIIIIIIIIIIIIIIIIIII (I IIIIII III II II IIIIIIIIIII
Recorded By: LMK yoe PRIM
DEPUTY RECORDER Q. p SEQUENCE: 20173560120
4983 �J :,JAG NO. PAGES: 2
SMARA " �y ' 12/22/2017
TOWN OF MARANA
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MARANA RESOLUTION NO. 2017-114
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A FARMING RIGHT-OF-WAY LICENSE FOR GLADDEN FARMS II
SUBDIVISION (EXCEPT BLOCK 29); AND AUTHORIZING THE-W l vl TOWN t
MANAGER TO EXECUTE SIMILAR FARMING RIGHT-OF-WAY LICENSES ,/,�
WHEREAS many public roadways and easements dedicated to the Town y '�
Marana by the recording of subdivision plats are vacant or mostly vacant lands that are
not currently being used or fully used for the purposes for which they were dedicated;
and
WHEREAS farming within vacant dedicated lands located adjacent to existing
farm fields is in the best interests of the Town, the public, the surrounding landowners,
and the farmer by maximizing the economically viable use of the vacant dedicated
lands and minimizing their associated maintenance and policing costs; and
WHEREAS not allowing farming within vacant dedicated lands severely
hampers the viability of farming the immediately adjacent fields and creates a
disincentive to master planning and the early dedication of land associated with it; and
WHEREAS the Mayor and Council of the Town of Marana desire to license the
farming use of these vacant dedicated lands to maximize their beneficial use while
establishing restrictions where only a portion of the dedicated right-of-way width is
being used for public purposes such as public sewer lines and/or public roadways.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
Section 1. The Town of Marana right-of-way license for farming in publicly-
dedicated right-of-way in Gladden Farms II subdivision (except Block 29) (the
"Gladden II Farming License") provided in the agenda materials for this Council
meeting is hereby approved, and the Ma or is authorized to execute it for and on behalf
of the Town of Marana. r
Section 2. The nen •Town &tanager is authorized to sign on behalf of the
Town of Marana any future Town of Marana right-of-way license for farming in
publicly dedicated right-of-way located adjacent to existing farm fields with
substantially the same terms as the Gladden II Farming License, provided that the
substance of the license is approved in writing by the Town Engineer and the form of
the license is approved in writing by the Town Attorney.
Marana Resolution No.2017-114 - 1 - 12/6/2017 2:16 PM
Section 3. The Town Clerk is authorized and directed to record the Gladden 11
harming License and other farming license authorized by this resolution, so that
successor landowners and farmers receive the benefits and obligations arising from the
license without the need to prepare and approve a new license.
Section 4. The Town Engineer is authorized act on behalf of the Town of Marana
to modify or terminate the Gladden 11 Farming License and any other farming license
authorized by this resolution, in accordance with the terms of the license, when the
licensed right-of-way is needed for Town purposes that are incompatible with farming.
Section 5. In consideration of the Town benefits resulting from farming licenses,
including without limitation the minimization of maintenance and policing costs that
would otherwise be incurred by the Town if the right-of-way were not fc-irmed the
Town's normal license fees are waived for the Gladden 11 Farming License and any
other farming license author�'-xil-I by this.'re, ution,
-tnor
Section 6. The Town nager and staff are hereby directed and
authorized to undertake I other and fur'ther tasks required or beneficial to carry, out
the terms, obligations, conditions and objectives of this resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of December, 2017.
Mayor Ed Honea
ATTEST: APPROV -1D AS TO FORM:
celyn Bronson, Town Clerk Fra Cas/ Town`%t. me
ARANA AZ
F'.STA B 1-1 ti H 1977
Marana Resolution No.2017-114 - 2 - '12/6/20-172:16 PM
F. ANN RODRIGUEZ, RECORDER IIIIIII1111111111111111 11111 1 11111H1111 1111
Recorded By: LMK
DEPUTY RECORDER of PI '
rt, 6 SEQUENCE: 20173560121
4983W Cid NO. PAGES: 6
SMARA y 12/22/2017
TOWN OF MARANA � 9:51:52
PICKUP IZolo'
TOWN OF MARANA RIGHT-OF-WAY LICENSE
Gladden Farms II subdivision (except Block 29)
THIS LICENSE is granted by the TOWN OF MARANA (the "Town"), an Arizona municipal
corporation; in favor of GLADDEN PHASE II, LLC, and GLADDEN PHASE II DEV, LLC
(collectively the "Landowners"), Delaware limited liability companies; and in favor of
Licensee's current and future lessee-farmer(s) (collectively the "Farmer"), currently POST
FARMS, INC., an Arizona corporation. The Landowners, the Farmer, and any person or entity
employed by, contracted by, or acting on behalf of the Landowners or the Farmer are collectively
referred to as the "Licensee." The Town, the Landowners, and the Farmer are each sometimes
referred to as a"Party" and together referred to as the "Parties."
RECITALS
A. The Landowners are the beneficiaries of FIDELITY NATIONAL TITLE AGENCY, INC. Trust
No. 60423, which owns Blocks 26-28 and Blocks 30-43 of the subdivision commonly referred to
as "Gladden Farms II" and formally known as Gladden Farms Blocks 26 – 43, recorded in the
Pima County Recorder's office on May 25, 2007, in Book 62 of Maps and Plats at Page 64
(Sequence 20071020612).
B. Gladden Farms Blocks 35 and 39 have been further subdivided according to the plat
entitled "Gladden Farms Blocks 35 & 39," recorded in the Pima County Recorder's office on
June 22, 2012, at Sequence 20121740308.
C. Gladden Farms Block 26 has been further subdivided according to the plat entitled
"Gladden Farms Block 26" recorded in the Pima County Recorder's office on November 9,
2017, at Sequence 20173130073.
D. Public roadways and easements were dedicated to the Town of Marana by the recording
of the Gladden Farms II and Gladden Farms Blocks 26, 35 & 39 subdivision plats.
E. Despite their dedication, most of the public roadways and easements dedicated to the
Town of Marana by the recording of the Gladden Farms II and Gladden Farms Blocks 26, 35 &
39 subdivision plats are vacant dedicated lands—they are not currently being used for the
purposes for which they were dedicated.
F. Farming within vacant dedicated lands is in the best interests of the Town, the public, the
Landowners, and the Farmer. It maximizes the economically viable use of the vacant dedicated
lands and minimizes their associated maintenance and policing costs. Not allowing farming
within vacant dedicated lands severely hampers the viability of farming the immediately adjacent
fields and creates a disincentive to master planning and the early dedication of land associated
with it.
00051412.DOCX/4 GLADDEN II ROW LICENSE 11/9/2017 1:33 PM
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G. The Parties intend for this License to maximize the beneficial use of vacant dedicated
lands, while establishing restrictions where only a portion of the dedicated right-of-way width is
being used for public purposes such as public sewer lines and/or public roadways.
LicENsE
Now, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this
License as though fully restated here, and the mutual covenants set forth in this License, the
Parties hereby agree as follows:
1. License. The Town hereby authorizes the Licensee to use the "License Area" in
conformance with this License and all applicable local, state, and federal laws and regulations,
and subject to the following exceptions and limitations:
a. Farming may only occur in those portions of the License Area located immediately
adjacent to other lands being farmed by the Licensee.
b. If the Licensee is fanning only on one side of a particular right-of-way, the License
Area extends only to the centerline on the side of the right-of-way the Licensee is farming.
c. Along the Clark Farms Boulevard right-of-way (containing a Town sewer main), the
following additional restrictions and conditions apply:
i. Crops and tailwater ditches must be located at least 35 feet away from the base of
the raised maintenance roadway (or 45 feet away from the sewer line itself as determined
by straight lines connecting manholes, in locations where the roadway is not raised)
ii. Farming equipment may access and turn around in the 35-foot area but may not
use the maintenance roadway
iii. The Licensee is permitted to eradicate weeds within the raised maintenance
roadway and within the 35-foot area on either side of it. On the raised maintenance
roadway, the Licensee may only use town-approved chemical weed killer or weed by
hand. In the 35-foot area on either side of the raised maintenance roadway, the Licensee
may use equipment to weed as long as no damage is done to the maintenance road and no
ruts are left for water to pond within the 35-foot area.
d. Within the portion of the License Area consisting of the additional Moore Road right-
of-way
ight-
ofway dedicated by the Gladden Farms II plat (south of existing Moore Road), the Licensee
shall keep crops (i) no closer than 50 feet south of the edge of pavement or (ii) such further
distance as the Marana Town Engineer determines.
2. License Area. The "License Area" consists of that public right-of-Way dedicated to the
Town of Marana by the recording of the Gladden Farms II and Madden Farms Blocks 26, 35 &
39 subdivision plats.
3. Use of License Area. The....................%.....................I...............................................Licensee m...................ay use the License Area for farming purposes.
...................................................................................................................I.,.....4. Term; modification or termination. This License shall remain in effect unless and until it is
terminated by and at the sole discretion of Town or by written agreement of the Parties. The
Town shall have the right to modify or terminate this License at any time. The Town shall give
the Licensee written notice of full or partial termination of this License at least 50 calendar days
before the modification or termination unless an emergency requires a shorter notice period, and
in that event the Town shall notify the Licensee as early as practicable. In any event, the Town
00051412.DOCX/4 GLADDEN Il ROW LICENSE 11/9/2417 1:33 PM
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will use its best efforts to give the Licensee sufficient notice of modification or termination to
avoid loss of already-planted crops.
5. Effects of development. The Town is not responsible for any interference with the Farmer's
operations resulting from the Landowners' development activities. Cessation of farming adjacent
to the License Area for any reason automatically terminates the Licensee's right to use the
adjacent License Area (see paragraph 1. a above). The Licensee shall take all necessary steps,
including the placement of rip-rap as determined necessary by the Town Engineer, to protect
public infrastructure from drainage runoff and other effects of development.
6. Fee waiver. In consideration of the mutual benefits of this License, the Town's normal
license fees are hereby waived.
7. Successors. This License shall be binding upon the Licensee's successors in interest,
contractors, assignees, designees, agents, and representatives.
8. Partial termination of prior license. To the extent of the License Area as described in this
License, the "License Agreement" recorded in the Pima County Recorder's office on March 18,
2010 at Docket 13768, Page 1075 (Sequence 20100520342) is hereby terminated.
9. Indemnification; hold harmless. The Licensee shall defend, indemnify and hold harmless
the Town, its officers, agents, and employees from and against any and all claims, demands,
causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever
(including those for costs, expenses, and attorneys' fees) to any person, persons, or property
arising out of either (i) the Licensee's use or maintenance of the License Area or (ii) the
Licensee's negligent acts or omissions in connection with the License Area.
10. Insurance. The Farmer shall obtain liability insurance for the term of this License in
minimum amounts of $2,000,000.00 per occurrence. The Fanner may satisfy the minimum
insurance requirement with excess or umbrella liability coverage. This insurance shall be
updated annually and shall be kept in force while this License is in force. The Town shall be
named as an "additional insured" endorsee for the coverage, evidenced by endorsement number
on the face of the insurance certificate and submittal of a copy of the additional insured
endorsement or any other required endorsement. If available through the Farmer's insurance
carrier, the Farmer shall obtain a "cancellation notice recipient" endorsement, evidenced by
endorsement number on the face of the insurance certificate and submittal of a copy of the
cancellation notice recipient endorsement, in all its insurance policies, requiring the Farmer's
insurance carrier to provide notice to the Town of cancellation or reduction of insurance
coverage. Certificates of insurance for coverage as described in this License shall be filed with
the Town within 30 days after the effective date of this License. The Farmer shall also file all
certificates of insurance and required endorsements each time the policy is updated or renewed.
Certificates of insurance and endorsements shall be sent to the Town of Marana Legal
Department, attention Town Attorney, 11555 West Civic Center Drive, Marana Arizona 85653.
The Farmer shall give the Ton written notice within two working days after the Farmer
receives notice of any cancellation or reduction of its insurance coverage. The Farmer may
satisfy its insurance requirements under this License by including the Town as an additional
insured in its insurance policies.
I I- Notices. Any notice, request, demand, consent, approval, waiver or other communication,
herein individually and collectively referred to as "notice", which may be or i s required to be
0405I412.DOCX 14 GLADDEN H ROW LICENSE 11/9/2017 1:33 PM
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given by a Party under this License or by law to the other Party shall be in writing and shall be
either personally delivered to the Party or shall be sent by: (i) registered or certified mail, postage
paid by sender, return receipt requested; or (ii) overnight courier service (such as FedEx). Said
notice shall be deemed received upon the earlier of: (i) personal delivery; (11) if mailed, the date
of posting by the United States Post Office or overnight courier service. Notices shall be sent to
the other Parties at the following addresses:
TOWN: TOWN OF MARANA
115 5 5 W. Civic Center Drive
Marana, Arizona 85653
LANDOWNERS: GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV,LLC
333 E. Wetmore#250
Tucson, Arizona 85705-1748
FARMER: POST FARMS, INC.
13 800 W Kirby Hughes Rd
Marana, Arizona 85653
12. Change of address. Notice of change of any Party's address shall be given promptly by
written notice in any method described in paragraph I I ("Notices") of this License. In the event
any notice is rejected, refused, returned, or otherwise not received as a result of failure of a Party
to give adequate notice of changed address, the notice shall nevertheless be deemed received.
13. Damage. If the Licensee causes any damage to the License Area, the Licensee shall
promptly make and pay for the repairs necessary to restore the License Area to its pre-damaged
condition. At the discretion of the Town, if repairs are not initiated and completed within a
reasonable length of time, but in any event within 14 calendar days after the Town gives written
notice of damage to the Licensee, the Town may snake the repairs and bill the Licensee for all
costs plus a 25% administrative fee. The Licensee shall pay the bill within ten calendar days of
receipt.
14. Recording. The Town shall record this License in the office of the Pima County Recorder
after it has been executed by the Parties.
15. Conflicts. This License is subject to A.R.S. § 38-511, which provides for cancelation in
certain instances involving conflicts of interest.
[Signature page follows]
00051412.DOCX 14 GLADDEN II ROW LICENSE 11/9/2017 1:33 PM
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IN WITNESS WHEREOF, the Parties have executed this License effective as of the last Party's
signature date below.
The "Town": The "Landowners":
TOWN OF MARANA, an Arizona municipal GLADDEN PHASE 11, LLC, a Delaware limited
corporation liability company
By: By:
Ed Ho ea, ayor
Date: CZ -`
Its
Date. '
ATTEST:
GLADDEN PHASE II DEV, LLC, a Delaware
I I limited liability company
�ocelyn 0fonson, Town Clerk
.APPROVED As TO SUBSTANCE: By
14" Its:
keith Brann, Town Engineer
Date:
APPROV D AS ,-'O FORM:
The "Farmer":
POST FARMS, INC., an Arizona corporation
F ank i d , Town Att`� e
Y Y
By:
Jon K.00st, President
Date: v .
STATE OF ARIZONA
H CL4 Ct5pq ) ss.
County of Fifia. }
The foregoing instrument was acknowledged before me this '
day of
2017 by ')er1 wwqgj��- , the�ntN" C� " of GLADDEN PHASE II, LLC a
.L oDelaware limited liability company, on behalf of the LLC.
(Seal)
100
KeNy Pen+uela
Notary PU Nlc-Arizona
mulco"County Notary Public
My�Iswon Expkm
DCan*w 15,,MT
0()051412.DOCX 14 GLADDEN 11 ROW LICENSE 11/9/2017 1:33 PM
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STATE OF ARIZONA }
marlcepq }
County of?tea. }
The foreoin instrument was acknowled ed before me this 4�0 day of
WLvcmbq"--J h
2017 by , the �q of GLADDEN PHASE II DEV, LLC, a
Delaware limited liability company, on behalf of the LLC.
(Seal) `+`
r
mosco"
Notary Public
STATE OF ARIZONA )
} ss.
County of Pima }
The foregoing instrument was acknowledged before me this 2/,Sday of ell
,
2017 by Jon K. Post, President of POST FARMS, INC., an Arizona corporation, on behalf of the
corporation.
(Seal) DOUGLAS MERRILL GREENLANa
NOTARY PUBLIC,ARIZONA
ti
• Expires
August 01,,2021
STATE OF ARIZONA )
} ss.
County of Pima }
The foregoing instrument was acknowledged before the this day of 1\-�U 674v,.-,
2017 by Ed Honea, Mayor of the Town of Marana, an Arizona municipal corporation, on its behalf.
(Seal)
M r4j. Suzanne Sutherland
Notary Public Notary Public
Pima County,Arizona
t
oa. My Comm.Expires 09-11 1
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