HomeMy WebLinkAboutResolution 2007-040 acquisition agreement to purchase public rights-of-way needed for Thornydale RdF. ANN RODRIGUEZ, RECORDER DOCKET: 13096
RECORDED BY: NER
DEPUTY RECORDER
0409 PE1
SMARA
TOWN OF HaIkANA
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NO. OF PAGES:
SEQUENCE:
RES 2121
7
20071350544
07/13/2007
15:25
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 9.00
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXE-
CUTE AN ACQUISITION AGREEMENT WITH KHURANA MANAGEMENT, INC., AN ARI-
ZONA CORPORATION, FOR THE PURCHASE OF PUBLIC RIGHTS-OF-WAY AS NEEDED
FOR THORNYDALE ROAD, PROJECT NO. 2002-58.
WHEREAS, the Town of Marana needs to acquire public rights-of-way to construct the
Thornydale Road Improvements from Orange Grove Road to Canada del Oro Wash; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to purchase the needed property in an amount exceeding the appraised value in lieu of ex-
ercising the right of Eminent Domain from the owner, Khurana Management, Inc., an Arizona Cor-
poration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the acquisition agreement between the Town of Marana and Khurana
Management, Inc., an Arizona Corporation, attached to and incorporated by this reference in this
resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it or a
substantially similar agreement for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the acquisition agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 20th day of March, 200
?0_
RA Mayor EV Honea
t-10SEALIF
ATTEST:
J?celyn Oy/ Bronson, Town Clerk
AIF 212 T/O 7
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ACQUISITION AGREEMENT
This Agreement is made by and between Khurana Management, Inc., an Arizona corporation,
("Owner"), and the Town of Marana, an Arizona municipal corporation ("Town").
Property and Acquisition Amount. The Owner owns the property described in instrument
recorded on February 19, 2002, in Docket 11739 at Page 1549 in the Pima County Recorder's
Office, including all improvements located thereon (the "Property"). The Town has determined
the need to acquire fee title to public rights-of-way (the "Acquisition"), described in Exhibit "A"
and shown on Exhibit "B". In lieu of court proceedings and further to its power of eminent
domain, the Town agrees to acquire fee title to the Acquisition for $105,000 (the "Acquisition
Amount") subject to the terms and conditions set forth below with the categories of
compensation and closing costs as follows:
$105,000.00 Acquisition Amount
$2,000.00 Estimated Closing Costs
7?1-07,000.00 Total Not to Exceed Amount
2. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of loss
for any and all damage to the improvements located on the Acquisition prior to close of escrow.
3. Warranty Deed Document. Upon execution of this Agreement the Owner shall deposit with
Town a Warranty Deed conveying to the Town title to the Acquisition free and clear of all liens
and encumbrances.
4. NoSalvage. The Owner shall not salvage or remove any fixtures, improvements, vegetation,
or any portion of the Acquisition prior to closing, but owner may remove its personal property.
5. Escrow and Prorations. The Acquisition Amount shall be payable in full at closing. (a) The
date of closing shall be used for proration of rents, property taxes and other similar costs, (b)
assessments due for improvement districts shall be paid in full by the Owner prior to closing,
and (c) property taxes shall be prorated based upon both the date of closing and the size of the
Acquisition. The proration of taxes shall be for the proportion of taxes assessed against
Owner's entire parcel which are attributable to the Acquisition.
6. Security Interest. Monies payable under this Agreement may be due holders (the
"Lien holders") 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 IL
Lienholders releases for any fee transfer and consents for any transfer of an easement for the
Acquisition.
7. Possession and Closing. Possession of the Acquisition shall be given to the Town at the N
earlier of the date of the Right-of-Entry or on date of closing. Closing shall be on or before the 2
later of (a) 30 days after the date this Agreement is approved by the Marana Mayor and Council
or (b) 30 days after receipt of all necessary releases or consents from lienholders.
Marana Mayor and Council Approval of Resolution No.:2005-101
Resolution on August 2, 2005 1
S 7 T1 3S, R1 3E- THORNYDALE-ROAD PROJECT 2002-58
Parcel No. 101 -05-035E -F-Acquisition Agreement for BP West Coast Products PS
Page 1 of 3
8. Environmental Representations. 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 Acquisition, each party remaining responsible for its
obligations as set forth by law. 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 compliance 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.
9. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of
the Property as the Town deems necessary to determine the environmental condition of the
Acquisition. If environmental inspections do not specifically identify contamination but indicate a
potential for contamination and recommend further testing or inspection, the parties hereby
agree to extend the date of closing to at least 30 days after the report for such additional testing
or inspection is completed on behalf of Town, but not later than an additional 180 day
extension. If any environmental inspection reveals the presence of contamination or the need
to conduct environmental clean up, Owner shall conduct a clean up of the Acquisition adequate
to bring the Acquisition into compliance with environmental regulations prior to Closing or Town
may terminate this agreement.
10. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the
Acquisition.
11. Broker's Commission. No broker or finder has been used and Town owes no brokerage or
finders fees related to this transaction. Owner has sole responsibility to pay all brokerage or
finders fees to any agent employed.
12. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees,
escrow fees, releases and Owners Title Insurance Policy, shall be paid by Town.
13. Right of Entry. This agreement grants a right of entry effective as of the date this agreement is
signed on behalf of the Owner, which shall terminate when the Town takes title to the
Acquisition or in 180 days, whichever occurs first.
14. No Sale. Owner shall not sell or encumber the Acquisition before closing.
15. Conflict of Interest. This Agreement is subject to A.R.S. §38-511 which provides for
cancellation of contracts by the Town of Marana for certain conflicts of interest. i
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16. Survival of Representation and Warranties. All representations and warranties contained 0
herein shall survive the closing. 9
6
2
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3
Marana Mayor and Council Approval of Resolution No.: 2005-101
Resolution on August 2, 2005
S 7 T?13S, R13E THORNYDALE ROAD PROJECT 2002-58
Parcel No. 101-05-035E I Acquisition Agreement for BP West Coast Products PS
Page 2. of 3
17. 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 (the "Remainder") and shall relieve the Town of all further obligation or
claims relating to Property.
18. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated
in this Agreement by reference with the same force and effect as if fully set forth in the body of
this Agreement.
Khurana Management, Inc., an Arizona Town of Marana, an Arizona municipal
corporation //) A corporation
Title Yq--G,-sr Lr rz V- Date:
Date
Attest:
Town Clerk
Approved as to form:
Town Attorney
1.
'30
?3
19
Marana Mayor and Council Approval of ?esolution No.: 2005-101
Resolution on August 2, 2005 1
S? 7 T?l 3S, R1 3E I THORNYDALE ROAD PROJECT 2002-58
Parcel No. 101-05-035E I Acquisition Agreement for BP West Coast Products PS
Paae 3 of 3
EXHIBIT A
Description of Right-of-Way Acquisition from BP West Coast Products LLC
Tax Parcel 101-05-035E
A portion of that parcel of land recorded at Docket 9137, Page 101, in Pima County, Arizona, being
also a portion of Lot 1 of Orange Grove Industrial Park, recorded at Book 26, Page 73 of Maps and
Plats, in Pima County, Arizona, being also a portion of Section 7, Township 13 South, Range 13
East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as
follows:
Commencing at the Northeast corner of said Section 7, being the centerline of Orange Grove
Road, per said Book 26, Page 73 of Maps and Plats, marked by a brass cap in casting, from which
a point on the centerline of said Orange Grove Road, marked by a brass cap marked PCDOT CL
ROW, lies South 880-58'-34" West, 848.74 feet distant;
thence, along the said centerline, South 880-58'-34" West, 101.70 feet;
thence, South 01 0-01'-26" East, 75.00 feet to the point of beginning, being a point on the South
Right-of-Way of said Orange Grove Road, and the beginning of a 25.00 foot radius curve, concave
Southwesterly, whose radius point lies South 01 I-OV-26" East, 25.00 feet distant;
thence, Southeasterly along said curve, through a central angle of 900-57'-48", for an arc length of
39.69 feet to a point on the Westerly Right-of-Way of River Road, being 75.00 feet West of the
East line of said Section 7;
thence, along said Westerly Right-of-Way, and parallel with the East line of said Section 7, South
000-03'-39" East, 31.42 feet to the beginning of a non-tangent, 50.00 foot radius curve, concave
Southwesterly, whose radius point lies South 890-56'-21 " West, 50.00 feet distant;
thence, Northwesterly along said curve, through a central angle of 900-57'-48", for an arc length of
79.38 feet to a point 6.00 feet South of the said South Right-of-Way of Orange Grove Road;
thence, parallel with the centerline of said Orange Grove Road South 880-58'-34" West, 122.88
feet to a point on the West line of that parcel described at said Docket 9137, Page 101;
thence, along said West line North 01 0-01'-26" West, 1.99 feet to the beginning of a 30.00 foot 1,
radius curve, concave Easterly, whose radius point lies North 880-58'-34" East, 30.00 feet distant; I
thence, Northerly along said curve, through a central angle of 070-4l'-17", for an arc length of 4.03 0
1
feet to a point on the said South Right-of-Way of Orange Grove Road; ?
2
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Page 1 of 3
ROW #7
E:\0401\00\ROW\Iegals\sht83\row7.DOC 5/17/2005
thence, North 880-58'-34" East, 148.13 feet to the point of beginning, containing approximately
1,461 square feet.
The Basis of Bearing is the South line of the Southwest Quarter of Section 5, Township 13 South,
Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, being South 890-46'-38" East
as recorded at Book 33, Page 62, of Records of Surveys in Pima County.
Page 2 of 3
ROW #7
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EA040 I \00\R0W\IegaIs\sht83\row7.D0C 5/17/2005
ORANGE G1
C3
ROAD
C/
L3 ROW 07 L2 P.O.B. -1
C2 -
BP WEST COAST PRODUCTS LLC
101-05-035E
DKT. 9137. PAGE /01
GROSS AREA - 4IJ27 SF
ROW AREA -.1.46ISF,
NET AREA - 39b66 SF
EXISTING
RIGHT-OF-WAY
78
Ll
SCALE. F - 40'
NO. BEARING DISTANCE
U S O7OYJ-q E 31.42'
L2 S 8ff5834W 122B8'
L3 N OrOF26 W 091
L4 N BF58'34E 146JY
Q.j
CURVE DATA -
WAVE RADUS DELTA L
CI MY 9a5r4r 39.69' 2142'
Cz 50DV 91757-4r 19-V
1 5045'
C3 30DO' Or4rI7* 4.OY 2.02'
EXHIBIT B Use or alteration of the information in this instr.?
for other than the specific purpose for which it wa
Exhibit showing the Right-of-Woy Acquisition 'intended and for other than the client for whom If
A Portion of Section 7. Township 13 South. Range 13 East, prepared is forbidden unless expressly permitted in
Gila and Solt River Meridion from BP West Coast Products LLC writing In advance by R.S. ENGINEERING INCORPORATED, .1
_ 0 a d R.S. ENGINEERING INCORPORATED shall have no 14
C Tax ParcelNo. 101-05 35E ?a 2
I i bi I ity to any use of this information without thelf)p
Wr I fter! consent. (D RS ENGINEERING
D
TOWN OF MA.I%ANA
R S ENGINEERINGDEPA
RTMENT OF PUBLIC WORKS
CONSULTING ENGINEERS
THORNYDALE ROAD IMPROVEMENT
2445 NWH TKSON BOULEVARD. TUCSON. ARIZONA 85716 15201 ?91-3933 IFAX: (520) T91-9405
ORS EMINEERIM ORANGE GROVE TO CDO WASH
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