HomeMy WebLinkAboutProperty - Acceptance of Streets - 904 07 Right of Way Perpetual Lease W/AZ State Land Dept. Additional 100' ROW on S. Side of, and Adj RESOLUTION NO. (R)07- 116
ARES
OLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO
VALLEY, ARIZONA, APPROVING A PERPETUAL LEASE IN THE
AMOUNT OF $128,066.00 TO USE AN ADDITIONAL 100 FEET OF
RIGHT-OF-WAY ON THE SOUTH SIDE OF, AND ADJACENT TO, THE
EXISTING TANGERINE ROAD RIGHT-OF-WAY WEST OF LA CHOLLA
BOULEVARD.
The Town of Oro Valley ("Town") desires to acquire additional right-of-way along
WHEREAS,
Tangerine Road to reach the ultimate 300 foot right-of-way for future expansion; and
portion of that proposed right-of-way is presently owned by the Arizona State Land
WHEREAS, a p po �
Department; and
WHEREAS,REAS The Town has submitted an application to acquire the right-of-way; and
WHEREAS,
The Arizona State Land Department leases land rather than relinquishing ownership
of the land; and
WHEREAS,
The Arizona State Land Department has offered a perpetual lease for a one-time
payment of$128,066.00; and
WHEREAS, Fundingfor the right-of-way is available from the Pima Association of Governments
STPX funds;
NOW
THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro
Arizona: That the Town of Oro Valley approves the perpetual lease with the Arizona State
Valley,
Land Department with a one-time lease payment of$128,066.00 to use an additional 100 feet of
right-of-way on the south side of,and adjacent to,the existing Tangerine Road right-of-way west of
y
La Cholla Boulevard..
PASSED
AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona
this 17 day of October,2007.
TOWN OF ORO VALLEY,ARIZONA
,
Paul H. Loomis,Mayor Date
ATTEST: APPROVED A O'
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Katnryn E. Cuvelier,Town Clerk MelinekreaTrairem, Town Attorney
/0 -J-)----CJ jOb3(0
Date Date
F. ANN RODRIGUEZ, RECORDER DOCKET: 13180
RECORDED BY: CV PAGE: 6 217
DEPUTY RECORDER V°11;141 NO. OF PAGES: 11
1016 PE5 0 SEQUENCE: 20072191191
SOROV 1- -; .,z 11/13/2007
TOWN OF ORO VALLEY RWAY 18:00
11000 N LA CANADA RitirotI'
ORO VALLEY AZ 85737 MAIL
CONTACT: DIANE CHAPMAN AMOUNT PAID $ 11.00
STATE LAND DEPARTMENT
STATE OF ARIZONA
Right of Way
RIW No. 16-108452
THIS RIGHT OF WAY ("Right of Way") is entered into by and between the State
of Arizona (as "Grantor")by and through the Arizona State Land Department and
THE TOWN OF ORO VALLEY
("Grantee"). In consideration of payment and performance by the parties of each of the
provisions set forth herein,the parties agree as follows:
EXTENT OF DOCUMENT
"Additional Conditions", "Exhibits", and "Appendixes" are an integral part of this
document. In case of a conflict between the printed boiler document and the additional
' ins exhibits, or appendixes, the applicable additional condition, exhibit, or
conditions, PP
appendix shall be considered the governing document and supersede the printed boiler,but
only to
the extent necessaryto implement the additional condition, exhibit, or appendix,
and only
if the additional condition, exhibit, or appendix does not conflict with governing
state or federal law.
ARTICLE 1
SUBJECT LAND
1.1 Grantorg rants to Grantee a Right of Way on, over, through, and across the
State lands described in Appendix A attached hereto ("Subject Land").
1
Subject Land "as is", and Grantor makes no 3
1.2 Grantee makes use of the
p
ex ress or implied warranties as to the physical condition of the Subject Land. 8
ARTICLE 2 0
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TERM 2
1
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2.1 The term of this Right of Way commences on May 7, 2007
"Commencement Date"), and runs for a per lethal term ("Expiration Date"), unless
sooner canceled or terminated as provided herein or as provided by law.
State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 1
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ARTICLE 3
RENT
3.1 Rental is due in advance for the term of this Right of Way document.
3.2 If the Grantee should fail to pay rental when due, or fail to keep the
covenants and agreements herein set forth, the Commissioner, at his option, may cancel
said Right of Way or declare the same forfeited in the manner provided by law.
ARTICLE 4
PURPOSE AND USE OF SUBJECT LAND
purpose RightWay
4.1 ose
The u of this of is the location,construction, operation,and
maintenance of:
a public road with underground utilities.
4.2 No material may be removed by Grantee or its contractors without the
written approval of the Commissioner.
4.3 Grantee shall not exclude from use the State of Arizona, its lessees or
thegeneralpublic the right of ingress and egress over this Right of Way.
grantees,or g g
4.4 Grantee shall acquire required permits prior to construction, and adhere to
all applicable rules, regulations, ordinances, and building codes as promulgated by the
local jurisdiction and any applicable State or Federal agencies.
4.5 All use of State land outside the Right of Way must be applied for and
authorized in accordance with applicable law.
4.6 Grantee shall not sublet or assign this Right of Way or any portion thereof
without the written consent of the Grantor.
4.7 The Grantor retains ownership of the Subject Land. The use of this Right of
Wayis to be non-exclusive. This Right of Way is sold subject to existing reservations,
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easements, or rights of way heretofore legally obtained and now in full force and effect. 3
g
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4.8 When necessary for Grantee's reasonable use of this Right of Way for the p
purposes for which the grant is made, it shall be deemed to include the rights in, upon,
over, and across the described Subject Land to erect, construct, reconstruct, replace, 6
2
repair,and maintain the facilities authorized by this Right of Way. 1
P 8
4.9 Grantee shall have the right to erect, maintain, and use gates in all fences
under the control of the Grantor which now cross or shall hereafter cross said Right of
State/Fed/Political Sub/ADOTIFC R/w 12/05 Rev.7/06 2
Way, and to trim, cut, and clear away trees or brush whenever in its judgment the same
shall be necessary for the convenient and safe exercise of the right herein provided.
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4.10 Grantee shall not fence any portion of this Right of Way unless specifically
authorized in the attached additional conditions without prior written consent of Grantor,
nor
shall Grantee exclude from the use of the surface thereof the State of Arizona or its
lessees or grantees as reserved in Paragraph 10.1.
ARTICLE 5
CONFORMITY TO LAW
5.1 This Right of Way is subject to applicable laws and covenants relating to
State lands.
ARTICLE 6
CANCELLATION,TERMINATION AND ABANDONMENT
6.1 This Right of Way is subject to cancellation pursuant to A.R.S. § 38-511.
any Right If at time the Ri ht of Way ceases to be used for the purpose for which it
was granted,
it shall become void, and the right to use the Subject Land and all the rights
of Grantee hereunder shall revert to the Grantor.
6.3 Upon on revocation or termination of the Right of Way, the Grantee shall remove all equipment or facilities and, so far as is reasonably possible, restore andlor.
' ' the Subject Land to its original condition, and to the satisfaction of the
rehabilitate J
Commissioner.
ARTICLE 7
INDEMNITY
1 Thisprovision ispursuant to the July 12, 2000 memorandum issued by the
�` applicable Management Section of the Arizona Department of Administration to all
political subdivisions of the State.
1
"indemnitor" agrees to indemnify, defend, and hold harmless the 3
Each party (as )
. . 1
other party (as "indemnitee") from and against any and all claims,losses, liability, costs, or 8
• , , collectivelyreferred to as 0
expenses (including reasonable attorneys' fees) (hereinafter
P 0
s" arisingout of bodily injury of any person (including death) or propertydamage, 0
"claims") vicarious/derivative liabilityto the 2
but onlyto the extent that such claims which result in
�
• itee are caused bythe act, omission, negligence, misconduct, or fault of the 9
indemnitee,
indemnitor, its officers, officials,agents,employees, or volunteers.
State/Fed/Political Sub/ADOTIFC R/W 12/05 Rev.7196 3
ARTICLE 8
RESERVATIONS;RELINQUISHMENTS
8.1 Grantor reserves the right to grant other rights in, upon,over,and across the
described Subject Land for any purpose whatsoever not inconsistent or incompatible with
the use allowed by this indenture, and the Grantee agrees not to exclude the Grantor or its
lessees or grantees from the use of the Subject Land herein described.
8.2 Grantor reserves all natural resources,timber, and minerals (including oil or
gas) or upon on the described Subject Land, and the right to grant leases, permits,
easements, and/or rights of way to extract such resources as provided by law and in a
manner not inconsistent or incompatible with Grantee rights hereunder. Where
inconsistent or incompatible uses exist, the Grantor will require the applicant therefor to
indemnify Grantee for loss it might suffer by reason of such use.
8.3 Grantor reserves the right to relinquish to the United States pursuant to the
U.S. Act of August 30, 1890, land needed for irrigation works in connection with a
government reclamation project.
ARTICLE 9
LOCATION CONSTRUCTION AND MAINTENANCE
9.1 Grantee shall ensure full compliance with the terms and conditions of this
Right of Waybyits agents, employees, and contractors (including sub-contractors of any
tier), and the employees of each of them and g g shall include the terms and conditions in all
contracts and sub-contracts which are entered into by any of them.
9.2 Failure or refusal of Grantee's agents, employees, contractors, sub-
contractors, or employees their to comply with these terms and conditions shall be deemed
to be the failure or refusal of Grantee.
ARTICLE 10
NATIVE PLANTS AND ARCHAEOLOGICAL RESOURCES
10.1 If the removal of plants protected under the Arizona Native Plant Law is
necessary to enjoy the privilege of this Right of Way, the Grantee hereunder must obtain
n ec i3 J Y P g
the written permission of the Grantor and the Arizona Department of Agriculture prior to 1.
3
1
removal of those plants. 8
0
10.2 Grantee shall promptly notify the Commissioner of the amount of flora, if 0
P P
which will be cut, removed, or destroyed in the construction and maintenance of said 6
any, 2
Right of Wayand shall pay the Grantor such sum of money as the Commissioner may 2
�
determine ermine to be the full value of the flora to be so cut, removed, or destroyed. Grantee 0
the Grantor and the Arizona Department of Agriculture 30 days prior to any
shall notify
destruction or removal of native plants to allow salvage of those plants wherepossible.
State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06 4
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disturbance, the Grantee hereof shall provide evidence of
10.3 Prior to surface d�stu �
archaeological clearancesite rniti ation must
to the Grantor. Archaeological surveys and g
inwith rules and regulations promulgated by the Director,
be conducted accordance
Arizona are detected by
Grantee after receipt of archaeologic
State Museum. In the event additional archaeological ,
•.
resources
archaeological clearance, all work shall cease and notification shall
be given to the Director,Arizona State Museum,and Grantor.
ARTICLE 11
GRANTEE SHALL PROTECT AND RESTORE THE SUBJECT LAND
hired upon completion of Right of Way construction,to
11.1 Grantee shall be required, P includingbut not limited to
such rehabilitation measures on
make the State lands,storation of the surface, revegetation, and fencing
as determined necessary by the
rev
Grantor.
11.2 Grantee shall conduct all construction and maintenance activities in anot limited to
manner that will minimize disturbance to all land values including, but
station, drainage nage channels, and streambanks. Construction methods shall be designed
to prevent degradation of soil conditions in areas where such degradation would result inence. Grantee shall take such other soil and resource
detrimental erosion or subsidence.
andprotection measures on the Subject Land under grant as determined
conservation and
necessary by the Grantor.
Grantee in complying with restoration and
11.3 Costs incurred by the lands shall be
ents
rehabilitation requirements, as determined by the Department, on State
borne by the Grantee.
conduct its operations on
11.4 Grantee shallthe Subject Land in such a manner P exert reasonable efforts to
is consistent with good environmental practices. Grantee shall
as consist
avoid damage of protected flora, and restore the surface to its condition prior to the
occupancy thereof by Grantee.
ARTICLE 12
MISCELLANEOUS
1
• Land shall be used only for the purpose stated in 3
12.1 The described Subject 8
and as maybe further detailed elsewhere in this document. 0
Paragraph 4.1,
submitted for examination and shall have no binding effect 0
12.2 This Document is bythe Grantee), �'
on the parties unless and until executed by the Grantor (after execution 2
and2
until a fullyexecuted copy is delivered to the Grantee.
12.3 In the event of a dispute between the parties to this Right of Way, it is agreed
byA.R.S. 12�
dispute, but only to the extent required §
to use arbitration to resolve the p ,
State/Fed/Political Sub/ADOT/FC RAV 12/05 Rev.7106 5
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1518. In no event shall arbitration be employed to resolve a dispute which is otherwise
subject to administrative review by the Department.
12.4 Insurance provisions are intentionally omitted from this Permit pursuant to
the July 12, 2000 memorandum issued by the Risk Management Section of the Arizona
Department of Administration to all political subdivisions of the State.
12.5 The Grantor does not represent or warrant that access exists over other State
lands which intervene respectively between the above Right of Way and the nearest public
roadway.
12.6 If for any reason the State of Arizona does not have title to any of the Subject
Land described herein, this Right of Way shall be null and void insofar as it relates to the
land to which the State has failed to receive title.
12.7 Every obligation of the State under this Right of Way is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligation. If funds
are not allocated and available for the continuance of this Right of Way, this Right of Way
may be terminated by the State at the end of the period for which funds are available. No
liability shall accrue to the State in the event this provision is exercised, and the State shall
not be obligated or liable for any future payments or any damages as a result of
termination under this paragraph.
12.8 The parties agree to be bound by applicable State and Federal rules
governing Equalm
Employment Opportunity, Non-discrimination and Disabilities, including
F
Executive Order No.99-4.
12.9 Within 30 days of project completion, Grantee shall submit a completed
certificate of construction(copy attached).
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StatefFed/Political Sub/ADOTIFC R/W 12/05 Rev.1/06 6
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ADDITIONAL CONDITIONS
#16-108452
1, Legal description for this 100' wide public road with underground utilities right-
of-way can be found in Exhibit A attached.
2. Ap ortion of 50' wide public road right-of-way ASLD R.O.W. #09-1507 lies
between ASLD R.O.W. 416-108452 and the north line of Section 04 Township 12
South Range 13 East (and Tangerine Road). ASLD R.O.W.#09-1507 does NOT
include any y rights to place overhead or underground utilities within it.
Note: The Town of Oro Valley should consider folding its portion of ASLD
R.O.W. #09-1507 into ASLD R.O.W. 416-108452.
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ADDITIONAL CONDITION
FOR LEGALS EXHIBIT
#116-108452
The legal description for this right-of-way is detailed as follows:
See EXHIBIT A.
Subject to the Arizona State Land Department's (Grantor) rules and policies then in
place, and as a result of construction related restrictions,the Grantor and Grantee may
modify agree to
fye legal lal description for this right-of-way via the Grantee submitting an
"as built"or"proposed realignment"legal description,depending on the situation,to the
Grantor for the Grantor's review. If approved by the Grantor,and additional acreage is
impacted,the Grantee agrees to pay an appraised or pro-rated charge as the Grantor
determines is appropriate. No refund shall be made for a reduction in acreage.
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EXHIBIT A
LEGAL DESCRIPTION
for
Tangerine Road Right-of-Way
#16-108452
on the South side, Lying West of La Cholla Blvd.
LEGAL
That portion of Lot 1, Section 4,Township 12 South, Range 13 East,G & S R B &M,
Pirna County, Arizona, more particularly described as follows:
The North 150.00 feet of said Lot 1,EXCEPTING:
The North 50.00 feet,thereof,as Right-of-Way for Tangerine Road, recorded in Book 7,
Page 83,Road Maps of Pima County;
And further EXCEPTING the East 30.00 feet, thereof, as Right-of-Way for La Cholla
Boulevard, recorded as McCarty Road in Book 2, Page 38, Road Maps of Pima County,
Arizona.
Comprising approximately 2.943 acres.
eft 'rE 74:4140A-
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Exhibit A
16-108452
I 11
Page 2 of 2. II
11 '
EXISTING 25'
ELECTRICAL
EASE MEAT11L EXISTING R/1�Y )16. TANGERINE ROAD- • ......._ J
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PROPOSED RAY
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STATE OF ARIZONA
224-11-0140
GROSS AREA •3/B ACRES
ROW TAKE •2.543 1
NET AREA •26.863
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(-_)
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30'
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1
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SCALE0!:300 6
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EXHIBIT B Use or ollerotion of the information in this instrument for other than the 6
SHOWING THE RIGHT-OF-WAY ACQUISITION specific purpose for which it wos intended and for other thon the client
A PORTION OF SECTION 4, TOWNSHIP 12 SOUTH, for wham it was prepared is forbidden unless expressly permitted in writing
AST G a S R B o in advance by R S ENGINEERING INCORPORATED,and R S ENGINEE,ZING
E. RANGE 13 E INCORPORATED shall hove no liobility to any use of this information without
d TAX PARCEL N O. 2 2 4-11-014 0 their written consent. QR S ENGINCERNG
TOWN OF ORO VALLEY
! R S N 3! N E E R I N C DEPARTMENT OF PUBLIC WORKS
a
r N
CONSULTING ENGINEERS TANGERINE ROAD/LA CHOLLA BLVD
r
O/O f4 .3 r[O1Tn Tu �
,t/CSO.eayavC•T,(..•Nur,+lI as7,4 !MI Ttt-3133 fait(5201 M-9055
o m'�`"""_`""` INTERSECTION IMPROVEMENTS
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IN WITNESS HEREOF,the parties hereto have signed this Right of Way effective the day
and year set forth previously herein.
STATE OF ARIZONA,GRANTOR
Arizona State Land Commissioner THE TOWN OF ORO VALLEY
GRANTEE
) _ 4010111P
By: r c.•L.(- t._- L�,L �f 4' ' i�� �—�, '' o
Date ,Authorized ilnature ate
Paul H. Loomis Mayor
lAto Mayor
1* �� Title
NIL
11000 N. La Canada Drive11111111
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Address 3
ay 8
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Oro Valley, AZ 85737 0
':.City ,8-tate Zip 0
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State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7106 7
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F. 0.Box 3145 ; ----; - Christopher J.Roads
Tucson,AZ5;02-3145 Chief Deputy Recorder
Registrar of Voters
Old in the Courthouse at: F. AnnRodriguez
115 No,-th Church Menue,Tucson,AZ Pima County Recorder Document R€cording: (520) 740-4350
Voter Registration: (520) 740-4330
http:/iwww.re{-order.pima.gov Recording history one document at a time. Fax: (520) 623-1785
The foregoing instrument is a full, true and correct copy of the original
record in this office.
Docket #: I 3 1 0
Starting Page#: LoOi 7 Ending Page #:
F. ANN RODRIGUEZ, County Recorder
In and for the County of Pima, State of Arizona
By: BRIANNA M. VEGA
(...Z,u
/ CULIU9&,__ i
f i Ai I _ ,_-. ..a.L (..77f c3D35
Deputy Recorder4 Date
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.
,.
Form May 14,2004
REVISED May 15,2007
GRANTEE'S CERTIFICATE OF CONSTRUCTION
RIGHT OF WAY NUMBER:
NAME OF GRANTEE:
DATE ISSUED:
PERMITTED USE:
LAND DEPARTMENT ADMINISTRATOR:
DATE CONSTRUCTION STARTED:
DATE CONSTRUCTION COMPLETED:
I hereby certify that the facilities authorized by the State Land Commissioner,were
actually constructed and tested in accordance with the terms of the grant, in compliance
with any required plans and specifications, and applicable Federal and State laws and
regulations.
aD m October 23, 2007
Grantee's Signature Date
Title Mayor
Return To: Arizona State Land Department
R/W Section
1616 W. Adams Street
Phoenix, AZ 85007
State/Fed/Political Sub/ADOT/FC R/W 12/05 Rev.7/06
STATE OF ARIZONA LAND DEPARTMENT RUN DATE 11-MAY-2007
1616 W. ADAMS RUN TIME: 10:24:39
PHOENIX,AZ 85007 APPENDIX A
PAGE: 001
KE-LEASE#: 016-108452-00-000 APPTYPE: NEW
AMENDMENT#: 0
LAND# LEGAL DESCRIPTION AUS ACREAGE
12.0-S-13.0-E-04-10-031-9005 S 100FT OF N 150FT OF LOT 1 EX E 30FT 0.00 2.940
TOTALS: 0.00 2.940
NOTICE:
IMPORTANT STATE CONTRACT OR
AMENDMENT TO CONTRACT ENCLOSED
Contract No. /(e2
Enclosed is your executed contract with the State Land Department. This is a legal contract which
should be kept in a secure place.
LI Enclosed is your executed amendment to your contract with the State Land Department. You should
attach this document to the original contract.
STATE LAND DEPARTMENT
Title and Contracts Section