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HomeMy WebLinkAboutResolution 95-028 ratifying letter of intent between pima county and owners of lot 1 of the orange grove industrial subdivision for road improvementsRESOLUTION NO. 95-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RATIFYING THAT CERTAIN DOCUMENT TITLED ~LETTER AGREEMENT OF INTENT" ENTERED INTO BY PIMA COUNTY AND THE OWNERS OF LOT 1, ORANGE GROVE INDUSTRIAL SUBDIVISION ON MARCH 29, 1988. WHEREAS, on March 29, 1988, the owners of Lot 1, Orange Grove Industrial Subdivision entered into a "Letter Agreement of Intent" with Pima County, providing for the dedication of certain easements to Pima County for the construction of improvements at the intersection of Orange Grove Road and the Interstate i0 freeway and railroad tracks; and WHEREAS, this Letter Agreement of Intent also provided that Pima County would construct certain improvements in the area, would waive certain county requirements, and provided other agreements between the parties in relation to the property; and WHEREAS, the subject property was annexed into the Town Limits of the Town of Marana on September 29, 1993, by Ordinance No. 93-12; and WHEREAS, the Owners of the property desire that the Town of Mararia, Arizona, ratify the Letter Agreement of Intent that they had entered into with Pima County, in order to assure that the Town of Mararia will honor the agreements and obligations of Pima County. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the "Letter Agreement of Intent" attached hereto as Exhibit "A" is hereby ratified by the Town of Mararia, and to the extent possible, the Town of Marana, Arizona will accept the rights and honor the responsibilities formerly held by Pima County. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 23rd day of May, 1995. VED AS T : Daniel J. Hochuli Town Attorney Mayor oRA HaM 5/ Resolution No. 95-28 Page 1 of 1 LETTER ~R__EEMENT OF INTENT This letter agreement Of intent iS executed this ~ day of I'larch, 1988, by and between PIMA COUNTY, a body politic, and the swayers of Lot 1, Orange Grove Industrial Subdivision, hereinafter kno,~n as OWNER. WI~ED. EAS, OWNER is the owner of Lot 1, Orange Grove Industrial Par~ a subdivision recorded in Maps and Plats in the Recorder's Office of Pima County~ Ari=ona in Book PG, Page ?3; WHEREAS, on Said subdiviSiOn plat, RIMA COUNTY was granted a temporary road easement for the purpose of crossing the Southern Pacific R~il=oad tracks as ~ temoorary Orange Grove Road until ~ch time a~ the permanent Orange Grove Road would be constructed ~i~h an ~n~derl]ass umder the Southern Pacific ~ailroad tracks; WHEREAS, there exists an issue in dispute ~etween the parties hereto aS to ~hether, uncer certain circumstances, said t~mporary road easement should be abandoned back to OWNER upon the construction of the underpass, provided the Arizona Corporation Commission permits the same; WI4f~RI-]AS, PIMA COUNTY and certain affected property o~ners d~siro that the temporary road easement, and the railroad crossing in conjunction therewit,~, remain open permanently so as to provide access to said affected proo~.rty o~ners~ WHEREAS~ OWNER and P!MA COUNTY desire as to accomplish PIMA COUN!'Y'S goal affected propert,/ owners; to resolve their dispute so to retain access to said WHEBEAS, OWNE~ recognizes their civic duty to expeditiously rmsolve this matter so as to permit the commencement of the pro~ect to construct the underpass on Orange Grove under the Southern Pacific Railroad tracks, ~hich project will greatly enhance the ease of transportation {or the residents within this general area, and therefore OWNER is willing to assist in resolving this matter at this time, THEREFORE, the parties agree as follows, which agreement ~ill be reduced to a more formal agreement to be signed by OWNER an~ the Pima County Board of Supervisors: OWNE~ agrees to Oedicate to PIMA COUNTY the follo~¢ing easements from Lot l, Orange Grove Industrial, Maps and Plats, Book 86~ Page ?3: A. A ~0 ft, temporary construction easement mlong Ormnge Road as shown' in the approved piano. ~. A 9 ft. permanemt se~er easement and ~ 15 ft. temporary construction easement along Thornydais Road as shown in the approved plans. C o If necessary, a temporary easement for tme use of the Southern Pacific Railroad durin9 construction of th~ underpass in a location that has yet to be exactly determined. OWNER would be provided with a hold harmIes~ provision concerning this use, winich easement would expire at the time of completion of the project. B ~ A tempocar,/ easement to allow storage dot'in9 construction, subject to a 90 clause. of fill material day cancellation S o A permanent r~a~ easement (in the event of Corporation Commission abproval of the nailroad crossing to ~emain open) over the temporar~ easeme~t as described in Industrial, Lot I, recorded in Book ES, ~aqe 73 of Ma~s and Plats. In exchange for the easements abOVe name~, PIMA COUNTY will cause to have performed the following: There ~ill be no cost to OWNER of tn~ construebind of the ~0 ~t wioe curb cut on Orange Grove, the centerline of Thornydale Road and Orange Grove Road, including field engineering and all other costs ~elat~d to this matter. Said curb cost is included on the approved plans. Inclusion within the project at no cost to OWNER three 8 inch stub-outs in the s~wer manholes along Thornydale Road at elevations agreeable t~ OWNER. PIMA COUNTY will fill during the constructlcn project the existing hole on the ~est side of the property and c~mpact th~ sam~ to ~SZ. Assumin~ the soil ~s o~ a 9~ade and type acceptable to OWNER, excess material, if any, from the project will be placed doom the property, graded and compacted to 85%. All areas, where construction easements are needed by ~IMA COUNTY, are to be ~inish~d graded after comolotion to be compatible with existing or requested grade. E. The PIMA COUNTY sewer easement which rums across th~ rear of the prooert¥ will be abandoned and ~vid~nce thereof recorded. Resolution numOer i~80-Iq6 regardimg condemnation of drainage, as recorded in Docket 5328, Pa~ SSi-SeB, will PHOI'~ f I0, F~b. 09 igS50!:ZOFM P4 specifically released, abandoned and evidence thereof G~. iec°rded' median opening will be incated approximately 450 lineal met south of the intersection of Thornydale Road and Orange Grove Road to permit access to the property from Thronydale. Thi~ openi~g shall be included within the ultimate design of Thornydale Road South Extension. Curb cuts, within County standards,along Thornydale to the parcel shall be at the maximum permissible at locations to be designated by OWNER. ~f the temporary r~aa easement referfeb to in No~e No. !3 o~ ~he final ~lat o~ Orange Grov~ InCust~iai, as recorded in Book E&, Page 78 of Moos and Plats, is permanently left ~en ~y authority of ti~e Arizona Corporation Commission, ~IMA COUNT'¢ agrees to the following: PlMA COUNTY will permit access through a curb cut from subject property to said road easement. The design o~ this curO will Oe to PIMA COUNTY starcards and ~ili not be a traffic hmzard. PIMA COUNTY wiil pay OWNERS the sum of $30,000 at sucm time as a final determine:ion is reached as to the status o~ the roa~ easement. PIMA COUNTY staff will support a variance request to the Pima County ~oard of Adjustment requesting a reduction o9 the parkin~ requirements (approximately ~0~' spaces) pmr section 18.95 of the Pima County Zoning Code. It is understood that, if t~is parking variance is not granted, an additional ~80,000 will be paid by PI~A COUNTY to OWNER upon dmnial o{ said variance. The road on said easement will be designed as a "T" intersectlo~ to Thornydale Road and that a minimum amount of the property ~iii be encumbered by the easement, which amount will in no event be greater than the amount of land presently encumbered by the temporary easement. The excess, non-used Dotlion ~iii be uit- cla~med back to the property o~ners. The legal description of the permanent easement ~iI1 be delineated as soon as ~racticable but in no event later than 5 years from the date of tills agr~mment. In the event the Arizona Corporation Commission at any future date r~vers~s a prior decision and detmrmines said railroad crossing should be closed,it is agreed PIMA COUNTY ~ill (orthwith abandon back to OWNE~ said 3 BAKER ¢-,SSOC PHO?IE NO. ; 68.2 ..318 1.950 F~b, 039 1'.~95 01:28F1'1 F$ The parties agree to the following regarding drainage, providing the improvements to the property required to accomplish the drainage scheme outlined below do not negate the ability of OWNER to readily and economically access the proposed sewer in Thornydale Road: i. Upon development of the site no drainage ,iii exit the site tO Orange Grove or to Thornydale Road. Oneire drainage cannot be conveyed into the planned storm sewer along the northern p¢operty line unless the size of the storm sewer- is increased at any time. All onsite drainage is to be conveyed from the ultimately ~ and through the existing culvert located beneath the railroad tracks adjacent to the we%t side the property. Ohsire drainage can be conveyed around, between Or under future buildings ~ithin omsite parking areas and/or d~ve~ ~biCh can be inve~ted. Oneire drainage can occur within the northern 30' drainage easement dated November 2&, I~BA, as long as it i~ eventually conveyed toward the. culver~ benearth the railroad track (see item #~ o~ recorded easement). Retention and/or detention requirements are ~aived for the site. Building permits will ~e issued u=on receipt of plans satisfying items i through a amove. U~on mutual execution of this document, OWNE~ agrees to ~ithd~a~ its objections f~om the Arizona Corporation Commission proceedings and indicate to' said body by letter its support tO allo~ said railroad crossing to remain open provided, however that as a condition subsequent to this agreement and OWNERS actions as herein ~escrib~d, the Pima County Board o~ Supervisors executes the formal agreement within four weeks from the date of this Agreement. It is further understood by the parties that this agreemens survives an~ is o~era~le in ai! respects regardless o~ the ultimate decision by the Arizona £orporate Commission prouided OWNER has performed the actions required in this paragraph K. Thi~ agreement shall be binding upon and shall inur~ to ~he benefit o~ the successors and assigns of the ~arties. F..ib. ¢.r9 1995 01:21Pf4 F6 OWNE~ PIHA COUNTY SA~R ISDN bY This Letter of Agreement subject to the approval of the Bima County Board of Supervisors. Approved and Accepted this __.day of ATTEST: APR i 2 1988 , 1988 OF SUP~RV~SORYOF~ COUNT~ O~EBOARD, OF SUPERVISORS PIMA.C~UNTY' / ' , . WPOOO5L' APPROVED AS TO For~ puty uounty Attorney 5 .. 't. ]; '," FHO[iE HO. Feb. ~ t99~ OI:21FH P? LEGAL DESCRIPTION FOR 7 FOOT WIDE SEWER EASEMENT That part of Lot No[ i of Orange Grove Industrial Park, Lots 1, 2 and 3, of Msps and Plats, Book 26 at Page 73, Pima County, Arizona; Described as beginning a~ the Northeast corner of Section 7, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian; thence S 1' 43' ]3" U. along the East line of said Section 7 and the center- line of Thoryndale Road, a distance of 101.66 feet; thence N 88" 16' 27" W. a distance of 75.00 feet to a point on the Westerly righu-of-way line of Tl~ornydale Road and the TRUE POINT OF BEGINNING; thence S 1° 43' 33" U. along the Westerly right-of-way line of Thoryndale Road, a distance of i025.70 feet to the Southerly corner of said Lot No. 1 and a point on the Easterly right-of-way line of the Souther~ Pacific Rail- road and a 3880.34 foot radius curve concave to the Southwest; ~hence Northwesterly, along the Easterly right-of-way lane of the Southern Pacific Railroad and the arc of said curve, through a central angle of 0~ I0' 09", & distance of 11.46 feet; thence N.1° A3' 33" g. a distance of 1033.97 feet uo a point on a 25.00 foot radius curve concave to the Sonthwes~; thence $ 4l" 13''11" g. a distance of 0.0 feet to the point of curvature of said curve; thence Southeasterly along the arc of said curve, through a central angle of 43* ~6' 4&", a distance of 19.t7 feet to the TRUE POINT OF BEGINNING; Together with a 15 foot wide temporary constructio~ easement, Westerly of and contiguous wi~h ~he herein described sewer easement. The above dencribed sewer easement contains 0.166 acres or 7231.632 sq, ft. Orange Crove Road RGA ~82057 April 27, 1984 FRg'I': ',IGL~ERT BAKER 50' CONSTRUCTION EASEMENT The South 50 feet of the North 80 feet of Lot NO. 1 of Orange Grove Industrial Park, Recorded in Maps and Plats in Book 26 at Page 73, Pima County Recorder's Office, Pima Country, Arizona.