HomeMy WebLinkAboutResolution 2021-045 Authorizing an Acquisition Agreement & Administrative Settlement for the Purchase of Porperty Rights; pursuant to the Lazy K Bar Ranch Development Agreement MARANA RESOLUTION NO. 2021-045
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT
AND THE TOWN ENGINEER TO EXECUTE ALL OTHER DOCUMENTATION
NECESSARY FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM THE
TWIN PEAKS HOMEOWNERS' ASSOCIATION FOR SCENIC DRIVE
IMPROVEMENTS REQUIRED PURSUANT TO THE LAZY K BAR RANCH
DEVELOPMENT AGREEMENT
WHEREAS, on May 16, 2017, the Town Council adopted Ordinance No. 2017.013,
approving the Lazy K Bar Ranch Development Agreement (the "Lazy K DA"); and
WHEREAS the Lazy K DA requires the developer to construct a four-foot
stabilized decomposed granite natural path meandering along the east side of Scenic
Drive from Pima Farms Road to Silverbell Road, and requires the Town to acquire any
additional right-of-way needed to complete the project; and
WHEREAS the Town needs to acquire an 8-foot strip of property on the east side
of Scenic Drive, just south of Twin Peaks Road, to complete the path (the "Needed
Property"); and
WHEREAS Town staff has negotiated an Acquisition Agreement &
Administrative Settlement with Twin Peaks Homeowners' Association for acquisition of
the Needed Property; and
WHEREAS the Mayor and Council of the Town of Marana find that the acquisition
or condemnation of the Needed Property is necessary for the public health, safety and
welfare of the citizens of Marana.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing the Mayor to execute the Acquisition Agreement &
Administrative Settlement in substantially the form attached to and incorporated in this
resolution as Exhibit A, and authorizing the Town Engineer to execute all other
documentation necessary for the purchase of the Needed Property from Twin Peaks
Homeowners' Association for the Scenic Drive improvements.
Resolution No.2021-045
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day of April, 2021.
Mayor Ed Honea
ATTEST APPROVED AS TO FORM:
- ..ase.
Cherry L. awson, Town Clerk J• - - irall, Town orney
T G
MAUNA
ESTAfit.. iSMED 1977
Resolution No.2021-045
EXHIBIT A
.Z16&
MARANA AZ
ENGINEERING DEPARTMENT
ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT
This Agreement is made by and between Twin Peaks Homeowners' Association, an Arizona
nonprofit corporation ("Owner"), and the Town of Marana, an Arizona municipal corporation
("Town").
1. Property and Acquisition Amount. The Owner owns the property described in instrument
recorded on September 9, 2003, in Docket 12131, Page 4920, 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 Area"),
described in Exhibit"A" and shown on Exhibit"B". In lieu of court proceedings to acquire the
Acquisition Area by eminent domain, the Owner agrees to sell, and the Town agrees to
acquire the Acquisition Area for the total sum of$800.00 (the "Acquisition Amount"), subject
to the terms and conditions set forth below:
$800.00 Acquisition Amount
$1,000.00 Estimated Closing Costs
$1,800.00 Total Not to Exceed Amount
2. Risk of Loss for Damage to Improvements. The Owner shall be responsible for the risk
of loss for any and all damage to the improvements located on the Acquisition Area prior to
close of escrow.
3. Warranty Deed Document. Upon execution of this Agreement the Owner shall deposit with
the Town a Warranty Deed conveying to the Town title to the Acquisition Area free and clear
of all liens and encumbrances, in the form attached hereto as Exhibit"C".
4. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or
vegetation, located within the Acquisition Area. Personal property may be removed prior to
close of escrow.
5. Escrow and Prorations. The Acquisition Amount shall be paid 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 Area. Taxes will be prorated based upon the proportion of the Acquisition
Area to the Owner's entire assessed parcel.
6. Security Interest. Monies payable under this Agreement may be due holders of notes
secured by mortgages or deeds of trusts("Lienholders"), up to and including the total amount
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Parcel No. 221-02-129A Acquisition Agreement for Twin Peaks HOA
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of unpaid principal, interest and penalty. Those sums shall, upon demand, be paid to the
Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer and
consents for any transfer of an easement for the Acquisition Area.
7. Possession and Closing. Possession of the Acquisition Area shall be given to the Town at
the date of closing. Closing shall be on or before the later of(a) 45 days after the date this
Agreement is approved by the Marana Mayor and Council or (b) 45 days after receipt of all
necessary releases or consents from any Lienholder.
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 arising from the
environmental condition of the Acquisition Area. Each party shall remain responsible for its
obligations as set forth by law. The 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 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. The Owner shall permit the Town to conduct such
inspections of the Property as the Town deems necessary to determine the environmental
condition of the Acquisition Area. 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. If any
environmental inspection reveals the presence of contamination or the need to conduct
environmental clean-up, the Owner shall remediate all contamination within the Acquisition
Area adequate to bring it into compliance with all applicable Federal, State or local
environmental regulations prior to Closing or the Town may terminate this agreement.
10. No Leases. The Owner warrants that there are no oral or written leases on all or any portion
of the Acquisition Area.
11. Broker's Commission. No broker or finder has been used and the Town shall owe no
brokerage or finders'fee related to this transaction. The 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 the Town.
13. Right of Entry. This agreement grants the Town, its employees, agents, and consultants,
the right to enter the Property 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 Area or in 365
days, whichever occurs first.
14. No Sale. Owner shall not sell or encumber the Acquisition Area prior to close of escrow.
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.
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Parcel No,221-02-129A Acquisition Agreement for Twin Peaks HOA
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16. Survival of Representation and Warranties. All representations and warranties contained
herein shall survive close of escrow.
17. Entire Agreement. This signed document shall constitute the entire Agreement between
the parties. 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 the Town, including just compensation for the Acquisition Area and
severance damages to any remainder property 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 be incorporated by
reference with the same force and effect as if fully set forth in the body of this Agreement.
19. Compromise and Settlement. The parties to this Agreement acknowledge that the
Acquisition Amount is not necessarily market value but was agreed through compromise and
settlement to avoid litigation.
20. Council Approval. This Agreement is subject to approval by the Town Council of the Town
of Marana.
TWIN PEAKS HOMEOWNERS' ASSOCIATION, an TOWN OF MARANA, an Arizona municipal
Arizona nonprofit corporation corporation
By: (,: 1 .0 PI F, >
Ed Honea, Mayor
Its: ,'-n�. ,e'-r ''/ (A4'41' 1:V-41J(,'A.. Date:
ATTEST:
Date: /7,44,6,51" /,, -2`'°"-✓
Marana Town Clerk
Approved as to form:
Jane Fairall, Town Attorney
STATE OF Arizona )
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County of Pima )
The foregoing instrument was acknowledged before me this i -t- day of ,
2021, by i 11 Yv 6 c
`v /n,>t ds f�S;Qz, of TWIN PEAKS
HOMEOWNERS'ASSOCIATION, an Arizona nonprofit corporation, on behalf of the corporation.
ii
(Seal) rx,, GEORGE CARDIER1.�
44 w^ Nolary P+ibib tdie dMtmna
�4 aacourrrr otar ublic
'ss: commission li 688721
Bxpkes September oa.2023
S20/T12S/R12E SCENIC DRIVE IMPROVEMENTS
Parcel No. 221-02-129A Acquisition Agreement for Twin Peaks HOA
Page 3 of 6
Exhibit"A"
The
GrLB
OUP LEGAL DESCRIPTION
That certain portion of Common Area "A" of TWIN PEAKS SUBDIVISION, a subdivision
of Pima County Arizona, the Final Plat of which recorded in Book 50, Maps & Plats,
Page 57, Pima County records, lying within Section 20, Township 12 South, Range 12
East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly
described as follows;
COMMENCING at the Center Quarter Corner of said Section 20 from which the South
Quarter Corner bears S 00°40'03° E(Basis of Bearing)a distance of 2641.65 feet;
THENCE N 89°21'47" E, a distance of 30,00 feet to a point on Easterly right-of-way line
of Scenic Drive;
THENCE S 00'40'03" E, along said Easterly right-of-way line, a distance of 367.63 feet
to the intersection of said Easterly right-of-way line of Scenic Drive and the Southerly
right-of-way line of Twin Peaks Road as described in Docket 12149, Page 1587, Opima
County Records, said point being the POINT OF BEGINNING;
THENCE continue S 00°40'03"E, continuing along said Easterly right-of-way line of
Scenic Drive, a distance of 36.19 feet;
THENCE leaving said Easterly line, N 89°19'57"E, a distance of 8.00 feet;
THENCE N 00°40'03'W, a distance of 52.39 feet to the beginning of a non-tangent
curve concave to the Southeast on the said Southerly right-of-way line of Twin Peaks
Road;
THENCE Southwesterly, along the arc of said curve to the left, having a radius of 103.00
feet, a central angle of 10°03'55°, the chord of which bears S 25'36'29"W, a distance of
18.07 feet, for an arc length of 18.09 feet to the POINT OF BEGINNING,
Giir 7"-,
Prepared By:
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THE WLB GROUP, INC. 7-.17,t:` '� .,
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Peter D. Cote, RLS 44121
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Page 1 of 2(Sketch is Page 2)
S20/T12S/R12E SCENIC DRIVE IMPROVEMENTS
Parcel No. 2.2.1-02-129A Acquisition Agreement for Twin Peaks HOA
Page 4 of 6
Exhibit "B"
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221-02-008Q 15( w
CURVE TABLE LINE TABLE
CURVE # LENGTH RADIUS DELTA_ LINE # LENGTH DIRECTION
Cl 18.09' 103.00' i 10'03'55" Lt 36.19' S00'40'02"E
L2 8.00' N89'19'57"E
EXHIBIT TO ACCOMPANY DESCRIPTION OF
FEE RIGHT—OF—WAY L3 52.39' N00'40'03"W
COMMON AREA "A"
TWIN PEAKS SUBDIVISION
BOOK 50, M&P, PAGE 57 1"=50'
SECTION 20, T-12S, R-12E, G.S.R.M., TI,E ��
PIMA COUNTY, ARIZONA wi..Ii
Group ��
WLB No. 113021-9-007-1003 i
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S20/T12S/R12E SCENIC DRIVE IMPROVEMENTS
Parcel No.221-02-129A Acquisition Agreement for Twin Peaks HOA
Page 5 of 6
Exhibit "C"
WARRANTY DEED OF DEDICATION
Exempt: ARS § 11-1134 (A) (3)
TWIN PEAKS HOMEOWNERS ASSOCIATION, INC., AN ARIZONA CORPORATION, NOW KNOWN AS TWIN
PEAKS HOMEOWNERS ASSOCIATION, AN ARIZONA NONPROFIT CORPORATION ("GRANTOR"), for TEN
DOLLARS and other valuable consideration, does hereby convey and dedicate to the TOWN OF
MARANA, an Arizona municipal corporation ("GRANTEE"), the following described real property
situated in Pima County, Arizona:
SEE LEGAL DESCRIPTION AND DEPICTION ATTACHED TO THIS INSTRUMENT
AS EXHIBITS "A"AND"B" RESPECTIVELY AND INCORPORATED HERE BY THIS
REFERENCE
SUBJECT TO: Existing covenants, conditions, restrictions, rights of way, easements, and other
matters of record.
AND THE GRANTOR DOES HEREBY WARRANT THE TITLE against all persons whomsoever, subject
to the matters above set forth.
IN WITNESS WHEREOF, GRANTOR has caused this Warranty Deed of Dedication to be signed by
the undersigned duly authorized officer this date of , 2021.
"GRANTOR":
TWIN PEAKS HOMEOWNERS ASSOCIATION, INC., ACCEPTED AND APPROVED BY THE TOWN OF
AN ARIZONA CORPORATION, NOW KNOWN AS MARANA:
TWIN PEAKS HOMEOWNERS ASSOCIATION,AN
ARIZONA NONPROFIT CORPORATION
Keith Brann, Town Engineer
By:
APPROVED AS TO FORM:
Its:
Jane Fairall, Town Attorney
S20/T12S/R12E SCENIC DRIVE IMPROVEMENTS
Parcel No. 221-02-129A Acquisition Agreement for Twin Peaks HOA
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