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HomeMy WebLinkAboutResolution 2003-163 acquisition agreement for santa cruz river park F. ~ RODRIGUEZ, RECORDER RECORDED BY= NMB DEPUTY RECORDER 1134 PE2 SMARA TOWN OF MARANA ATTN= TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12219 PAGE: 3391 NO. OF PAGES: 5 SEQUENCE: 20040110893 01/16/2004 RES 16:24 MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2003-163 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO A PURCHASE AGREEMENT WITH MARTIN HONEA TO PURCHASE TWO PARCELS AND TO INCORPORATE THE PARCELS INTO THE PROPOSED SANTA CRUZ RIVER LINEAR PARK. WHEREAS, the Town of Marana desires to improve and expand recreation facilities for the citizens; and WHEREAS, Martin Honea owns, and desires to sell, two lots located on White Avenue, identified as Pima County Assessor Parcels # 217-49-013B and # 217-49-0150; and WHEREAS, the Town of Marana desires to purchase the properties to augment the future construction of the Santa Cruz River Linear Park; and WHEREAS, this park would greatly benefit the citizens of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Mayor is authorized to execute the Sales Agreement between the Town of Marana and Martin Honea for the purchase of the properties. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of December, 2003. ATTEST: I Marana Resolution No. 2003-163. --Page 1 of 1-- ~ ACQUISITION AGREEMENT This Agreement is made by and between Martin Honea (the ~Owner') and the Town of Marana, a municipal corporation (the "Town"). 1. Property and Acquisition Amount. The Owner is the owner of the property described on Exhibit "A", including all improvements located thereon (the "Property"). The Town has determined the need to acquire the Property by its power of eminent domain. In lieu of court proceedings and further to its ~.~z~ower of emine, n.t domain, the Town agrees to acquire the P,,roperty for -~"{'~~ ($ ~'~, e~,~O. ~-o ) (the Acquisition Amount"), subject to the terms and conditions set forth below. No Personal Property. The parties acknowledge that no personal property is being acquired under this Agreement and that no personal property is located on the Property being transferred. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of loss for any and all damage to the improvements prior to close of escrow. 4. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified on Exhibit "B". 5. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or any portion of the Property prior to closing. Escrow and Prorations. The Acquisition Amount shall be payable in full at closing. The date of closing shall be used for proration of rents, property taxes and other similar costs, and assessments due for improvement districts shall be paid in full by the Owner prior to closing. 7. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall upon demand by the Lienholders, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. 8. Possession and Closing. Possession shall be given to the Town on date of closing. Closing shall be on or before the later of (a) 30 days after the date this Agreement is approved by the Town Council or (b) 30 days after receipt of all necessary releases from lienholders. -'3 Page 1 9. Water Rights. The Owner agrees to assign and hereby transfers, effective upon closing, to Town any water rights certificated or claimed appurtenant to the Property owned by Owner. Owner shall execute documents reasonably necessary to effect such transfer. 10. Environmental Representations. Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in cempliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 11. Environmental Indemnification. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Property, each party remaining responsible for its obligations as set forth by law. 12. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property, as the Town deems necessary to determine the environmental cendition of the Property. If the investigations reveal the presence of contamination or the need to cenduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bdng the Property into compliance prior to Closing or Town may terminate this agreement. 13. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the property. 14. Broker's Commission. No broker or finder has been used and Town owes no brokerage or finder's fees related to this transaction. Owner has sole responsibility to pay all brokerage or finder's fees to any agent employed. 15. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid 100% by Town. 16. No Sale. Owner shall not sell or encumber the property before closing. 17. Conflict of Interest. This Agreement is subject to A.R.S. 38-511, which provides for cancellation of contracts by Town for certain conflicts of interest. 18. Survival of Representation and Warranties. All representations and warranties centained herein shall survive the closing for a term of ten years. 19. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and no modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainder property and shall relieve the Town of all further obligation or claims relating to the Property. SELLER: Ow~r / ' / Owner Date: /~2. //~r~/(~ Deto: Tax ID#or SS# ~'~ 7- ;~ 7- ~'$'©6 Tax ID # or SS # BUYER: TOWN OF MARANA Michael Reuwsaat Town Manager Page 3 EXHIBIT A The W140' of S110' of NE4, SW4,NE4 SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST IDENTIFIED AS PIMA COUNTY ASSESSOR PARCEL # 217- 49-0150 and N50' W140' SE4, NE4 SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST IDENTIFIED AS PIMA COUNTY ASSESSOR PARCEL #2217-49-013B. These parcels are at 12536 N. White Avenue, Marana, Arizona 85653. 3 9 ?