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Home My WebLink AboutProperty - Acceptance of Streets - 904 04 Right of Way Acquisition Mercado Del Rio LLC Resolution No. (R) 02-52 r RELEASE "Release") is executed this\ dayof 2004, THIS RELEASE (the Relea ) by Mercado del Rio LLC ("Mercado") and the Town of Oro Valley, an Arizona municipal corporation("Town") as follows: 1. Checks dated December 14, 2004 will be issued to Mercado in the amount of Four Hundred and Sixty Six Thousand Two Hundred and Seventeen Dollars and Forty-Four Cents ($466,217.44). This amount was attained by mutual agreement between Mercado and the Town of a value of Seven Dollars and Fourteen Cents ($7.14) per square foot for the 65,260 square foot of the total. 2. Mercado will hereby release the Town from any further compensation due, as provided under Section 2.3 of the Development Agreement . between the Town of Oro Valley and Conquistador Properties, LLC. All agreements and understandings between the parties hereto are embodied and expressed herein and the terms of this Release are contractual and not a mere recital. SIGNED this /2/ day of 40,e6epthet , 2004. ill :..r/ STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) On this #14 day of , 2004, personally appeared /<'i'7 av ,' known to me to be the signer of the above Release and acknowledg hat he/she voluntarily executed this Release for the uses and purposes therein set forth. rl'/L1))T17°1:.f::A:4-7614:— w �. 1oNN M.GARCIAM Commission Ex ires: 1 6 ` Public-Arizona .� ` Pima County,, *.;, :"1;I:v.• Exams lis F:\Agmts&Contracts\Release\Mercado del Rio.doc n • TOW► I F ORO VAL EY Chuck Sweet, Town Manager Date: /c2/ 2 /0 ef- ATTEST: Kathryn Cuvelier,Town Clerk Date: \ .k APPROVED AS ORM: Tobin Sidles,Acting Town Attorney Date: 2--P5N F:\Agmts&Contracts\Release\Mercado del Rio.doc • turn.�e esrinixuttut<.,r+m ii Sec u r i t y e n h a n c e d d o c u ni e n t. S e e b a c k for d e t a i I s.(" ."TaL --' --- r'�"tt —al.,.,i 7 -r.; TOWN OF ORO VALLEY ,..li •., . . . - §1 , ,. • •., .- 1000. ••• • •., . N LA CANADA DR I4l ORO VALLEY,AZ 85737 91-532/1221 -I - - DATE DEC. 14,, 2004 50 I PAY TO THE MERCADO DEL RIO, L.L.C. 1 $ 321265 . 68 i m; ORDER OF �/T RE,-t y Or � � V E 6 V 1 � � 7[*��/'—�y� S.wwrlry I.en•.e �tTHREE HUNDRED & TWENTY ONE THOUSAND TWO HUNDRED & SIXTY FI � LA R S D....b., ¢i I LI-7—.7= National Bank . ' •- -•• -.. - . : , / / , 1 = - OF ARIZONA . INII la NM 10445 N.Oracle Rd.,Ste.101 / e' il � -1 VII • Oro Valley,AZ 85737 w1 of .nba /i� - wwwizona:com Il �, IF'i can ® FOR Z - . - __-- -----'------..�--.-__-.-- - - -,'* .,an}m>e��'u}wi+t :.--",i,,,,,,-...,,,,,..�ru}�r,n„ri '--in� <r:•n..,,•,.--- - ”, Security enhanced d o c u m e n t. See back for d e t a 1!s. ;,,,,,z,,,,,,,tit - _— - ----- --'---- —.. •—:-;--- , ., TOWN OF ORO VALLEY r 11000 N LA CANADA DR { ORO VALLEY,AZ 85737 DEC. 14 , 2004 91-532/1221 k DATE 50 c • r PAY $ 144951 . 76 TO THE MERCADO DEL RIO, L.L.C. l m i ORDER OF Q 'k'�'*** 6ecvrtty leaturee AND FORTY—FOUR THOUSAND NINE HUNDRED & FIFY—ONE 7 6/1gg LLA R S n�t,�u�odr,•b:�!. t �; ONE HUNDRED A A _ National Bank OF ARIZONA MO MI, NM10445 N.Oracle Rd.,Ste.101_ / _ (6--h4et(t' 1 Oro Valley,AZ 85737 .' .... . . -. a r s www.nbarizona.com w' i _,.r._,. 1:(12" ,, _......_...... _. _._ _.. ..,-... ®I FOR :'::: ' Zr f :•.,,}}.I�+wtil!,•1r}ttA M r•.V.1}116 hr�IR11q 4!}}' aetl.!G.lt}11gw t!J•••}tyyb +Mt!�u.vffis_.�A.nt•;,r;..ynw6aml!. • DOCKET: 1.182 9 RODRIGUEZ, RECORDER 2 `7 F 272$ z��p�t�-. PACE; RECORDED BY: OML '_ GE 2 DEPUTY RECORDER tr.. � 1�TO. 4� �A 1951 A$1 �) SEQUENCE: 20021231092 r 06/26/2002 SOROV � .E 16;04 TOWN O ORO VALLEY \e,4711177.441 r 11000 IT LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 18.50 RESOLUTION NO- (R) 02-52 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE TOWN TO ENTER MO A DEVELOPMENT AGREEIVIENTBY AND BETWEEN THE TOWN OF ORO VALLEY AND CONQUISTADOR.PROPERTYES, L.L.C. TO FACILITATE ME DEVELOPMENT OF 19.8 ACRES OF VACANT LAND LOCATED NORTH OF PUS CU VIEW LANE AND SOUTH OF THE CANADA DEL ORO WASH IN Tilt TOWN AND TO DEDICATE TO THE TOWN,RIGHT-OF- WAY ATV OTHER LAND. WHEREAS the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all the rights, and exemptions privileges, and benefits, which entitles the Town to immunitiesgranted to a 1? political subdivision under the Constitution as well as the laws of the State of Arizona and the United States, and WHEREASPursuant to ARS § 9-500.05; the Town may enter into this Development p Agreement with Conquistador Pro erties, L L.0 since development affects property within the � Town, and WHEREAS ConquistadorProperties,Pro erties, L.L.C. intends to develop 19.8 acres of vacant land (the "Land") located north of Pusch View Lane and south of the Canada dei Oro Wash for commercialP ruP oses, as more particularly described in the legal description attached to the DevelopmentAgreement A eement as Exhibit"A"thereto and incorporated herein by this reference; and WHEREAS, the Town desires to create the Oracle Road Improvement District("ORID"); and WHEREAS, Conquistador Properties, L.L.C. will participate in ORID to accomplish improvements to North Oracle Road, First Avenue and Pusch View Lane; and WHEREAS, the design for the nisch View Lane requires the Town to acquire additional property from Conquistador Properties, L.L.C. for the purpose of expanding the right-of-way; . and q WHEREAS, to satisfy the outstanding zoning conditions on the Land and to obtain assurances T from the Town regarding the design of the Pusch View Extension and future impacts on the 9 g g g _ Land, Conquistador Properties, L.L.C. desires to dedicate approximately 103,830 square feet of • ' and additional property to the Town as additional right-of-way for Pusch View Lane; ria6/l1102 Oro Vali LegalDept. ` Conquistador Propertics Dm,Aunt Approval .lCY , Pg:1of26 WHEREAS, to satisfy the outstanding zoning conditions on the Land and to obtain assurances from the Town regarding the design of the Pusch View Extension and future impacts on the property, Conquistador Properties, L.L.C. desires to dedicate to the Town approximately 11,378 square feet of property to be used for the linear park and related facilities adjacent to the Caiada del Oro Wash; and WHEREAS, the Development Agreement between the Town and Conquistador Properties, L L C attached hereto as Exhibit "1" and incorporated herein by this reference, shall prescribe the terms and conditions surrounding the commercial development of the Land and dedication of requircd right-of way and other land to the Town, and WHEREAS, the Development Agreement has been determined by the Mayor and Council to be consistent with the Town's General Plan as defined in ARS § 9-461, and the terms and conditions of the Agreement substantially improve and enhance the welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona as follows: ► Section 1 That the attached Development Agreement between the Town of Oro Valley and Conquistador Properties, L.L.C., to facilitate the development of a 19.8 acres of vacant land located north of Pusch View Lane and south of the Canada del Oro Wash for commercial purposes, is hereby approved. Section 2. Pursuant to ARS § 9-500.05 and not later than 10 days after the Town enters into the Agreement, the Town shall record a copy of the Agreement with the Pima County Recorder's office constituting notice of the Agreement to all persons. Section 3 Pursuant to ARS § 9-812 and within 30 days of passage, all laws and notices of a public character issued by the authority of the Town shall be published in an English language newspaper of general circulation within Pima County BE IT FURTtt.R RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Development Agreement. 1 r 1 S 9 r_s s., 2 9 Conquistador Properties Dev Apt Approval ,inat.6/I 1/02 oro Valley Legal Dept , Pg:2 of 26 PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this Lull day of ju , 2002. TOWN OF ORO VALLEY # */- ATTEST: Paul H.Loomis,Mayor ' A 4 C - Kath ' E. Cuvelier, Town Clerk APPROVED AS TO FORM: (4, „A / Dan L. DudlY, own Attorney I I 2 rb isp S.. Ts Conquistador Properties Dev Agint Approval jna.6111/02 Oro Valley Legal Dept, � ph , Pg:3 of 26