HomeMy WebLinkAboutResolution 2001-073 agreement to purchase type 1 non-irrigation grandfathered water rightsMARANA RESOLUTION NO. 2001-73
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE AGREEMENT FOR SALE OF TYPE 1 NON-IRRIGATION
GRANDFATHERED WATER RIGHT EXTINGUISHMENT CREDIT.
WHEREAS, Arizona Water Measurement is the legal holder and owner of Arizona
Department of Water Resources Extinguishment Credit for 308.16 acre-feet resulting fi.om the
extinguk~hment of that certain Type 1 Non-Irrigation Crrandfathered Water Right issued by the
Arizona Department of Water Resources (ADWR); and
WHEREAS, the Town has a need of Extinguishment Credits in the Town's groundwater
account to offset the gallons per capita consumption and/or to meet the requirements of the Central
Arizona Groundwater Replenishment District; and
WHEREAS, the Mayor and Council find that it is in the best imerest of the Town to acquire
Type 1 Non-Irrigation Grandfathered Water Right Extinguishement Credit.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Town of Marana Agreement for purchase of Type I Non-Irrigation
Grandfathered Wate, Right Extinguishment Credit is hereby approved.
PASSED AND ADOPTED by the Mayor and Council oftbe Town Of Marana, Arizona, this
19th day of June, 2001.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney
and not personally
TOWN OF MARANA AGREEMENT
FOR PURCHASE OF
TYPE 1 NON-IRRIGATION GRANDFATHERED WATER RIGHTS
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THIS AGREEMENT FOR PURCHASE OF TYPE 1 NON-IRRIGATION GRANDFATHERED
WATER RIGHTS, ~ntered into as of the /~ day of_7o~, 2001, by and between the TOWN OF
MARANA, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "Marana") and Arizona
Water Measurement (hereinafter referred to as "Seller").
Recitals:
Whereas, Seller is the legal holder and owner of that certain Type 1 Non-Irrigation
Grandfathered Water Right No.~issued by the Arizona Department of
Water Resources CADWR'') for 308.16 acre feet, together with all water rights and privileges
associated therewith (the "Type 1 Right").
Marana desires to purchase from Seller, and Seller desires to sell to Marana, the
Type 1 Right upon the terms and conditions as more particularly hereinafter set forth.
NOW, THEREFORE, in consideration of the promises hereinafter set forth, and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Marana agree as
follows:
Seller agrees to convey the Type 1 Right, free and clear of all liens and encumbrances
whatsoever, to Marana in consideration for Marana's payment to Seller of the sum of
Fifteen thousand four hundred eight Dollars ($15,408) (the "Purchase Price").
Upon e~ecution of this Agreement, Seller shall deliver to Marana an executed copy of the
form of Notice of Change of Ownership attached hereto as Exhibit "A" (the "Change of
Ownership").
TillS AGREEMENT MUST BE APPROVED BY THE MAYOR AND COUNCIl OF THE
TOWN OF MARANA TO BECOME EFFECTIVE AND BINDING. Once so approved, this
Agreement shall be effective upon execution by all parties (the "Effective Date"). However,
this Agreement must be approved by the Mayor and Council within twenty (20) business days
of the execution hereby by Seller, or it shall thereupon be rendered null, void, and of no
further force or effect.
Upon Marana's receipt of Mayor and Council approval ofth/s Agreement, Marana shall pay
the Purchase Price to Seller in exchange for Seller's delivery of the original Change of
Ownership to Marana.
Marana shall be responsible for paying all fees charged by the ADWR to transfer the
Type 1 Right. Seller shall cooperate with Marana in processing the transfer of the Type 1
Right and shall be responsible for securing any consents and signatures of any of Seller's
predecessors-m-interest to the Type 1 Right as may be required by the ADWR.
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This Agreement shall be binding upon and shall inure to the benefit of the heirs,
administrators, executors, successors and assigns of Marana and Seller.
In the event of default by either party under any provision of this Agreement, the recourse
available to the non-defaulting party shall be limited to an action for specific performance.
In the event of litigation, the successful party shall be entitled to recover its reasonable
attorneys' fees and costs incurred.
Pursuant to A.R.S. § 38-511, Marana may cancel this Agreement within three (3) years after
its execution, without penalty or further obligation if any person significantly involved in
initiating, securing, drafting or creating this Agreement on behalf of Marana or of any person
who is, at any time while this Agreement or any extension of this Agreement is in effect, an
employee or agent of Seller in any capacity or consultant to Seller with respect to the subject
matter of this Agreement. Cancellation under this section by Marana shall be effective when
written notice from Marana is received by Seller unless the notice specifies a later time. In
addition to the right to cancel as provided hereIn, Marana may recoup any fee or commission
paid or due to any person significantly involved in initiating, negotiating, securing, dralting
or creating this Agreement on behalf of Marana from Seller arising as the result of this
Agreement.
IN WITNESS WHEREOF, the parties have hereunder set their hands the day and year first above
written.
MARANA: SELLER:
TOWN OF MARANA, ARIZONA,
an Arizona municipal corporation
ARIZONA WATERMEASUREMENT
APPROVED AS TO FOR.M:/'/
~orney and not personally
ATTEST:
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STATE OF ARIZONA )
COUNTY OF PIMA )
ACKNOWLEDGMENT
This instrument was acknowledged before me this day of / l~ day of
~,2001 by~l~~as OO.J~J~.Jl~
of t~~=/~as Seller.
My Commission Expires:
I ~ "OT^mPu.~,c I
~'/ DIANE MANGIA~a, RDI I
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EXHIBIT "A"
Completed Notification of Change of Ownership
of a
Type 1 Non-lmgation Grandfathered Water Right
Form
A photocopy of Type 1 Non-Irrigation Grandfathered Water Right Certificate should be attached,
original delivered at time of payment.
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Certificate Of Grandfathered Groundwater Right
COUNTY OF PIMA
STATE OF ARIZONA DEPARTMENT OF WATER RESOURCES
This is to certify that pursuant to the provisions of
Title 45, Chapter 2, ,4rizona Revised Statutes
TOWN OF MARANA
13251 N. LON ADAMS RD
MARANA, ARIZONA 85653
is granted
TYPE 1 NON-IRRIGATION GRANDFATHER.ED RIGHTS
in the
TUCSON ACTIVE MANAGEMENT AREA
for 42. 0 acre-feet of groundwater annually from January ] through December 31. The rights are appurtenant to 14. 04 acres
of land described as follows:
Assessor's Parcel Number 221-40-057B as of 7/2001: A portion of land located in the E½ of the SW¼ Section
36 TI2S R12E ~ftfie GSRB&M, as more fully described on the map anached hereto as Exhibit A and made a
part hereof by refe~nee.
The use of groumtwater under this right shall be for non-irrigation purposes in accordance with the laws of the State of
Arizona and restrictions placed on u~e by the Director of the Department of Water Resources pursuant to Title 45,
Chapter 2, Arizona Revised Statute~.
CERTIFICATE NO. 58-101067.0001
is granted this 9th day of August, 2001
ARIZONA DEPARTMENT OF WATER RESOURCES
Tucson Active Management Ar~ Director
The Department of Water Resources must be notified if the above named person(s) changes his address or conveys
ownership of the right to another person(s).
Certificate Map -Exhibit A
2B
.,
.,
;
.,
TOWN OF MARANA
Cetlffica~No.: 58-101067.0001
42.00 acre feet annnally on 14.04 e~'fified acres
Seclion 36 Township 12 S Range 12 E
Type ofRight: 'TYI~--I GFR'
Cerfifimte Da~: 0~Y:)--01
North
~ll Eligible (Appme~,~t)