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Home My WebLink AboutResolution 2002-005 acquisition agreement with escobedo in berry acresMARANA RESOLUTION NO. 2002-05 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MAKANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN ACQUISITION AGP,_EEMENT WITH GUADALUPE AND LUZ ESCOBEDO TO PURCHASE A 2.5 ACRE LOT IN BERRY ACRES. WHEREAS, Guadalupe and Luz Escobedo own and desire to sell, a parcel of property located at 14385 W. Imogene Place, identified as Pima County Assessor Parcel # 20814017A; and WHEREAS, the Escobedo property is located in the Santa Cruz River Floodway within the Town of Marana; and WHEREAS, the Town of Marana desires to assist residents located in the floodway area within the Berry Acres sub-division; and WHEREAS, the Town of Marana desires to purchase the property and convert it to park and open space usage. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the Mayor is authorized to execute the acquisition agreement between the Town of Marana and Guadalupe and Luz Escobedo for the purchase of the lot. BE IT FURTHER RESOLVED that the Town may pay the purchase price pursuant to the agreement, plus any other costs incident to the transfer of the property to the Town of Marana. Marana Resolution No. 2002425 Page 1 of 2 PASSED AND ADOPTED by t?e. ~,l~yor and C.ouncil .of the Town of Marana, Arizona, this 2nd day of Januar), 2002'. ~Jr. "- ........... ATTEST': .................................................. Marana Resolution No. 20024!5 Page 2 of 2 ANN RODRI~ RECORDER ~ ~:CORDED $Y• D'_,C D~T' 11709 • ~ ~ P~.d: 1747 DEPUTX RECORDER NO. OF PAGEB: , , 7864 ROOC 5 s~~ ~ SEQUENCE: 20020030426 Tpy~,1 ~y, ~NA Ol/04/2002 ATTN: TOWN C~,ERK ~8l a~~ AG 16:49 13251 N I,ON ADAM.g gD ~L MARAIJA AZ 85653 AMOUNT PAID $ 8.00 ~-l.J ~ ~ ~ ~~~rr~ MAf~AI'~~. I , TOWN UF MARANA ACQUISITIQN A.GREEMENT FOR ESCOBEDO PROPERTY 2.5 ACRES IDENTIFIED AS PIMA COUNTY PARCEL # 208140771 ~ i ~ ~ ~ . ~ ~ ~ ~ r ~ ~ ~ ' ACQUlSITION AGREEMENT This Agreement is made by and between Guadalupe ancf Luz Escobedo {the "Owner") and the Town af Marana, a municipal carporation {the "Tawn"). 1. Property and Acquisition Amount.` The Owner is the owner of the property described on Exhibit "A", including a!1 improvements located thereon (the "Property"). The Town has determined the need to acquire the Praperty by its power of eminent damain. !n lieu of court praceedings and further to its power of eminent domain, the Town agrees to acquire the Property for Thirtv- ~ne Thousand Five Hundred Dollars 31,500.00} totaf compensation (the "Acquisition Amount"), subject to the terms and condifians set forth below. 2. No Personal Property. The parties acknowledge that no personal property is being acquired under this Agreement and that no personal proper#y is lacated on the Property being transferred. 3. Risk of Loss for Damage to Improvemenfs. Owner shaU be responsible for the risk of loss for any and all damage to the improvements prior to clase of escrow. 4. Warranty Deed. The Owner shall depos'rt inta escrow a warranty deed conveying to Town title to the Property, free ar~d clear of all (iens and encumbrances and subject only to those matters identified on Exhibit "B", 5. Saivage. The Owner may salvage or remove any fixfures, improvements, or ~ any portion of the Property with the Town's approval prior to closing. 6. Escraw and Prorations. The Acquisition Amount shal! be payabfe in full at closing. The date of ciasing shall be used far proratian of ren#s, property taxes and other simifar costs, and assessments due for improvement districts shall be paid in full by tF~e Owner prior ta closing. 7. Security fnterest. Monies payable under this Agreement may be due holders (the "Lienhalders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid pTincipal, inferest and penalty on the notes, if any, and shall upon demand by the Lienholders, be 1 paid to the Lienholders. 4wner shall obtain from the Lienholders releases for ~ any fee trartsfer for the Property. ~ ~ 8. Possessian and Closin Possession shall be ~ g• given to the Town on a mutually agread upon date. Closing shall be on or before the later of (a) 30 ~ days after the date this Agreement is approved by the Town Cauncil or {b) 3Q ~ days a~ter receipt of alf necessary releases from lienholders. ~ 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. Environmenta! Representations. Owner hereby represents and warrants ~ that, to the besf of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wasfes or materials have been stared, used or are located on the Property or within any surface or subsurface waters thereof; that no underground fanks have been located on the Property; that ti~e Proper~y is in compliance with all Federai, state and local environrnental laws, regulations and ordinances; and that no tega! action of any kind has been commenced or threatened with respect to the Property. 11. Environmentai lndemnifrcation. 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 tF~e Property, each party remaining respansible for its obligations as set forth by law. 12. Environmentaf Inspection Rights. Owner shaN perrnit Town to conduct such inspections of the Property, as the Town deems necessary to determine the environmental condition of the Property. !f the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shal! canduct a clean up of the Property adequate to bring the Property into compliance prior to Closing or Town may terminate this Agreement. 13. No l.eases. Owner warrants that there are no oral or written leases an all or any portion of the Property. 14. Broker's Cammission. No broker or ~nder has been used and Town owes no brokerage or finder's fees related to this transaction. Owner has sole responsibifity to pay all brokerage or finder's fees to any agent employed. 15. Closing Costs. Expenses incidental to transfer af title, ineluding titls reports, recording fees, escrow fees, releases and Owner's Title Insurance Policy, f shall be paid 1 QO% by Tawn. ~ 16. Na Sale. Owner sha!! not sell or encumber ths Property before closing. ~ ~ 17. Confficf of Interest. This Agreement is subject to A.R.S. 38-511, which ~ provides for cancellation of contracts by Town for certain conflicts ofi interest. 18. Survival of Representation and Warranties. All representations and g warranties contained herein shall survive the clos?ng for a term of ten years. Page 2 ~ ~ 19. Er?tire Agreement. This signed document shaf! cortsfitute the entire Agreement between the parties and no modification or arnendment to fhis Agreement shall be binding unless in writing and signed by both partiss. 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: ~wner Wn~ Date: r2~~ / Date: r~~"I ~a ~ Tax1D#orSS# TaxID#orSS# BUYER: TOWN OF MA A ~~,a~~1U{~1~~~~,'' * ~~~~nmr?ii,,~ s BY: ~ f„~~~CORPORATF~ ~ 000 ~ bb S ton, Jr. ~S~' I ~~~~q~ru~U~~~~~ '~~~4!/l111~ .GL 1 1 ~ ~ ~ 1 ~ ~ ~ Page 3 • • , . EXH16lT A 2.5 Acres located at i4385 West Imogene Place, Marana, Arizona, identified as Pima County Assessor Parcel # 20814017A : ~ ~ ' ~ ,lL,,t,1~~'~~, a'!;, ~ ~ ~ ~ 1 ~ 5 ~ Page 4