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HomeMy WebLinkAboutOrdinance 2003.23 Approving an exchange of real property F. ANN RODRIGUEZ, RECORDER RECORDED BY= RBP DEPUTY RECORDER 3591 AS1 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12144 PAGE: 4603 NO. OF PAGES: 8 SEQUENCE: 20031871190 09/26/2003 ORDIN 16:14 MAIL AMOUNT PAID $ 9.50 MARANA ORDINANCE NO. 2003.23 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 11 EAST, G&SRB&M FOR OTHER PARCELS OF SUBSTANTIALLY EQUAL VALUE IN THE SAME AREA FOR PURPOSES INCLUDING THE RECONFIGURATION OF THE NEW MARANA MUNICIPAL COMPLEX AND THE CREATION OF PUBLIC ROADS AND OTHER IMPROVEMENTS TO SERVE THE NEW MARANA MUNICIPAL COMPLEX; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement") for the acquisition of real property located in the northwest quarter of section 27, township 11 south, range 11 east, G&SRB&M for the development of the new Marana Municipal Complex; and WHEREAS, the Town of Marana determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site") to (among other things) acquire from the owners of the surrounding property an additional acre of land for a fire station, additional right of way for Civic Center Drive and Main Street, and easements for Town drainage improvements, and to transfer to the owners of the surrounding property certain land no longer needed for the MMC Site, all as specifically described and mapped on the exhibits attached to the Real Estate Exchange and Development Agreement; and WHEREAS, the parcels of land being exchanged are of substantially equal value; and, WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDA1NED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The exchange of lands as set forth in the document entitled "Real Estate Exchange and Development Agreement" presented to the Mayor and Council concurrently with this Ordinance is hereby authorized pursuant to the terms and conditions set forth in that Agreement. Marana Ordinance No. 2003.23 Page 1 of 2 Section 2. The Mayor is hereby authorized to execute the Real Estate Exchange and Development Agreement and any and all deeds and other related documents necessary to carry out the terms of the Agreement. Section 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: APPROVED AS TO FORM: ~ C~,~i~, Town ~y ! 4 4 Marana Ordinance No. 2003.23 Page 2 of 2 REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by and between THE TOWN OF MA~qA, an Arizona municipal corporation (the "Town"), REYHEr~ PA}~rNERSHIP, an Arizona general partnership ("Reyher") and MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348"). Reyher and Marana 348 are referred to collectively as the "Owner." The Town, Reyher and Marana 348 are sometimes collectively referred to as the "Parties." RECITALS A. The Parties entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement"). B. Among other things, the 1999 Agreement provided terms and conditions for the transfer and sale of land from the Owner to the Town for the construction of a new Town Hall and Civic Center Site (the "Marana Municipal Complex"). C. The Marana Municipal Complex as conveyed by the Owner to the Town pursuant to the 1999 Agreement was as set forth in the legal description and map attached as Exhibit A (the "Original Configuration"). D. The Town has determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site") to (among other things) acquire an additional acre of land for a fire station, acquire additional right of way for Civic Center Drive and Main Street, acquire easements for Town drainage improvements, and transfer to the Owner certain land no longer needed for the MMC Site. The various parcels that are affected by the reconfiguration (not all of which are addressed by this Agreement) are set forth in the legal descriptions and maps attached as Exhibit A through Exhibit J. E. To establish the character of the MMC Site and surrounding areas as a business center, the Town desires certain portions of the Owner-owned property in the immediate area of the MMC Site to be reserved for commercial purposes. F. The Owner has acquired the Reyher House for the Town, to connect Grier Road and Main Street. 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. Exchange of'land. No later than September 30, 2003, the Parties will complete the following exchange of land: TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE c~: DEVELOPMENT AGREEMENT - 1 - 09/03/2003 7:12 PM (A) Town to Owner. The Town shall transfer to the Owner fee title to the portions of the Original Configuration identified as Parcel 1 and Parcel 2 as set forth in the legal descriptions and map attached as Exhibit B. (B) Owner to Town. Owner shall donate to the town the following lands and interests: (i) Fee title to the MMC Site expansion identified as Parcel 3 as set forth in the legal description and map attached as Exhibit B. (ii) Fee title to the road right-of-way identified as Parcel 4 and Parcel 5 as set forth in the legal descriptions and map attached as Exhibit C. (iii) Fee title to the road right-of-way identified as Parcel 8 and Parcel 10 as set forth in the legal descriptions and map attached as Exhibit D. (iv) Fee title to the portion of land needed for a fire station identified as "Fire Station South" as set forth in the legal description and map attached as Exhibit G. (v) Fee title to the parcel identified as "Reyher Partnership Parcel" as set forth in the legal description and map attached as Exhibit H. (vi) Permanent easements over the parcels identified as "Access and Drainage Easement" (1) and (2) as set forth in the legal descriptions and map attached as Exhibit I. 2. Restriction of land to commercial uses. Owner shall restrict to commercial uses those Owner-owned lands identified as "Block 1, .... Block 2," "Block 3" and "Block 4" on the map attached as Exhibit J, which areas may not be used for purposes other than commercial development without the consent of the Marana Town Manager, whose decision may be appealed to the Marana Town Council. 3. Town improvements. Not later than December 31, 2005, the Town will construct Civic Center Drive and Main Street and provide lighting, landscaping, hardscape, drainage, and wet and dry joint trench utilities and turnouts, all as shown on the improvement plans prepared by the WLB Group and on file with the Town's Development Services Center. The Town shall also be responsible for construction and maintenance of the drainage facilities located on "Access and Drainage Easement" (1) and (2) as set forth in the legal descriptions and map attached as Exhibit I. 4. No further assessments or special fees. Except as otherwise provided in paragraphs 5 and 6 of this Agreement, Town shall not adopt or impose on Owner's remaining property any additional assessments or impact fees that are not adopted and uniformly applied in the Town, or costs associated with development of Owner's remaining property beyond routine and customary application, review and permitting fees and assessments for the Lower Santa Cruz bank protection. However, additional reasonable landscape requirements may be imposed by the Town on individual builders' projects, which landscaping shall be incidental to that respective project. 5. Parks. The 185 square foot per dwelling unit on-site park and recreation requirement and any requirement for dedication of land for regional parks shall be satisfied in full through the dedication of drainage areas on the north side of the property and construction of a pedestrian trail connecting the residential portions of the Owner's remaining property to the Ora Mae Ham Regional Park. In addition, a $1,000 per dwelling unit assessment may be imposed upon issuance 4 4 TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE ~ DEVELOPMENT.A GREEMENT - 2 - 09/03/2003 7:12 PM of building permits on Owner's remaining property for regional park improvements which must be used within the area of the MMC Site. 6. Transportation. In consideration of Owner's dedication of land by this Agreement and Owner's payment of $441,837 as Owner's fair share contribution toward infrastructure, the Town shall not impose any other assessments or impact fees that are not adopted and uniformly applied, and shall not require dedications for transportation purposes. This $441,837 shall be charged against the Owner's residential lands consisting of a total of about 40.5 acres identified as "Block 5" and "Block 6" on the map attached as Exhibit J. This $441,837 obligation shall be included as Owner's infrastructure costs covered by subdivision assurances for Block 5 and Block 6. As payments are made toward this $441,837 obligation, the subdivision assurances for Block 5 and Block 6 associated with this $441,837 obligation shall be released proportionately based on acreage. 7. No Plan Amendment required. The reconfiguration of the roads and parcels and the development of commercial and residential parcels as depicted on attached Exhibit A are being done at the request of the Town and are consistent with the requirements of the Rancho Marana Specific Plan. As such, these modifications do not require a rezoning or plan amendment of the Rancho Marana Specific Plan and said properties may proceed with block platting, subdivision platting and/or development plans as may be appropriate, within the terms and conditions of the Specific Plan, Norwest Marana Area Plan and applicable Town codes. 8. Modification of the 1999 Agreement. This Agreement amends and supercedes the 1999 Agreement. 9. Inclusion in Northwest Fire District. Owner shall take all steps necessary to annex into the Northwest Fire District all of the properties identified as "Block 1," "Block 2", "Block 3", "Block 4, .... Block 5" on the map attached as Exhibit J not later than the date an application for subdivision plat or development plan is submitted for any portion of those properties. 10. Not a subdivision. The reconfiguration of the MMC Site and the location of surrounding public infrastructure have been accomplished as an accommodation to and at the request and direction of the Town. The division of the lands shown on the map attached as Exhibit J into separate parcels by virtue of the creation of Marana Main Street and Civic Center Drive, by the exchange of land needed for the Marana Municipal Complex and by the transfer of land needed for the new fire station are acknowledged to be actions of the Town, and are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws. 11. Development agreement. To the extent this Agreement governs the uses and development of property, it shall be considered a development agreement executed under the authority of A.R.S. § 9-500.05. 12. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: 1 4 TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESrATE EXCHANGE & DEVELOPMENT A GREEMENT - 3 - 09/03/2003 7:12 PM If to the Town: Towlq OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653-9723 (520) 682-3401 Fax (520) 682-9026 If to the Owner: GREG WEXLER 7995 North Business Park Drive Tucson, AZ 85743 (520) 744-8500 Fax (520) 744-0749 With a copy to: BARRY A. EBERT 7610 East McDonald Drive, Suite H Scottsdale, Arizona 85258 (480) 998-7232 Fax (480) 998-3996 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 13. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or TOWN OF MARANA /MARANA MU. hTC1PAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT A GREEMENT - 4 - 09/03/2003 7:12 PM establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. {} 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by reference as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: OWNER: THE TOWN OF MARANA, an Arizona municipal corporation REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") By: Trident Marana Properties, Inc. Managing Partner By: Date: Bobby Sutton, Jr., Mayor By: Barry A. Ebert, Vice President ATFEST: Date: MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348") Jocelyn C. Bronson, Clerk By: Robert Sarver, General Partner Date: TOI4W OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE ~ DEVELOPMENT AGREEMENT - 5 - 09/03/2-003 7:12 PM STATE OF ARIZONA )SS County of Pima ) The foregoing instrument was acknowledged before me on by Barry A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing Partner of REYHER PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. My commission expires: Notary Public STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Robert Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership. My commission expires: Notary Public TOWN OF MARANA /A/[_ARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE ~ DEVELOPMENT/i GREEMENT - 6 - 09/03/2003 7:12 PM