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HomeMy WebLinkAboutProperty - Acquisitions - 902 04 Acquisition Agreement for Melcor Property (Pusch View Extension Project) foLk G.H. GARCIA CONSULTING, INC. Real Estate Appraisers Right of Way Acquisitions and Relocations 3444 N. Country Club Rd., Suite 100 Tucson,AZ 85716 Telephone: (520) 326-2200 Facsimile: (520) 326-0773 June 18, 2004 4 is, JUN 2004 TaardOro Mr Jose Rodriguez PE *WA*Works Oro Valley Public Works 11000 N La Canada • Oro Valley AZ 85737 • Re: Melcor property on Lambert Lane (Pusch View Extension Project) Dear Jose: Enclosed are the original signed acquisition agreements for the Melcor property. After they are executed, please forward a copy to us and to the owner. If you have any questions, please let me know. Thank you. Sincerely, HENRY J. HAN S ON SENIOR ACQUISITION AGENT HJH: bb ENCL. AME RIc -Vk First American Title Insurance Company 1880 E. River Road#120 •Tucson, Arizona 85718 • (520) 529-5050 Outside Phoenix 1-800-256-8707 • FAX(520) 299-2890 June 18, 2004 Mr. Henry J. Hanson G.H. Garcia Consulting, Inc. 3444 N. Country Club Rd. #100 Tucson, Arizona 85716 Re: Trust No. 5589 Melcor Development Pusch View Lane Extension Dear Mr. Hanson: Enclosed please find the original Town of Oro Valley Real Property Acquisition Agreement for the above referenced project as executed by the trust. Please provide us with a copy of the fully executed agreement when it is available for our files. I am returning the unsigned documents (Acquisition Agreement and Slope B Easement) sent to us in April that were replaced by the agreement signed and enclosed for your disposition. If you have any questions or require anything further, please do not hesitate to contact us. Thank you! Sincerely, Cindy A. eiche Trust Officer car enclosures F. ANN RODRIGUEZ, RECORDER DOCKET: 12378123 RECORDED BY: D_K v of PIS PAGE�, Np. OF PAGES: 8 DEPUTY RECORDER �'�� �' '�, � it\% SEQUENCE: 20041700052 ,"� 09/01/2004 7864 P E 1 w'', : :.�;.-� y 09/01/20 ia:A SOROV `�. •� RES 12:3 8 TOWN OF ORO VALLEY li IW* 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 9.50 04- • TWJ RESOLUTION NO. (R) --� N OF THE MAYOR AND COUNCIL OF THE TOWN OF A RESOLUTION ORO VALLEY APPROVING AN ACQUISITION AGREEMENT BETWEEN ORO VALLEY AND AMERICAN TITLE INSURANCE THE TOWN OF FIRST KNOWN AS TO ACQUIRE THE PROPERTY COMPANY CORPORATION NO. 224-30365A FOR 589 PIMA TRUST NO. 6589, COUNTY TAX PARCEL THE PUSCH VIEW LANE EXTENSION PROJECT NO. OV 30 99104 20. ismunicipal corporation within the State of Arizona, Town of Oro Valley a municipal p WHEREAS,theCouncil is authorized to enter andpursuant to the laws of the State of Arizona, the Town into Acquisition Agreements to purchaseproperty; and • property known as First American Insurance the Town wishes to acquire the pr p yA for WHEREAS, Tax Parcel No. ���-�0��05 Corporation Trust No. 5589, Pima County . Title Company which description�s attached Extension Project No. OV 30 99/00 20, the Pusch View Lane � hereto as Exhibit A; and WHEREAS,the Owner agrees to sell the property, which description is attached hereto as Exhibit A, to the Town; and findsacquisition of this property is in the best TownCouncil that the acquis�1�tHEREAs, the Tow interests of the residents of Oro Valley. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COL1NCll. OF ._ �q{{�, THE `TOWN OF ORO VALLEY, ARIZONA: ;, : 1. That thele al document entitled"Real Property Acquisition AgCeement" (attached hereto as ExhibitB} is hereby approved by thecouncil for acquisition of the 1 orat�fln Trust No. E, Insurance Title Company Corp r arty known as First Americana!��; p 30- 5A. 5589, Pima County Tax Parcel No. 224- ;;; 2. That the Mayoradministrative the Town of Oro Valley are hereby . and other staff of h an a reerrtent as soon as authorized and directed to work toward finalizing suc q practical. r M • PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this- 1 s th day of August , 2004. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kath fn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. La Tiiz y C:1Documents and SetringslgarciitLood Settings\Tempor4ry Internet Files\OLK r7 Resolution Acc}uici1ioc Meleor property2o, Town of Oro Valley Ahowey's O$tce/ca/p80204 EXHIBIT A TOWN OF ORO VALLEY REAL PROPERTY ACQUISITION AGREEMENT This Real Property Acquisition Agreement"Agreement" is made by and between First American Title Insurance Company'.o.f--A it an izona Corporation, as trustee under Trust No. 5589, and not personally, (the "Owner"), and The Town of Oro Valley, a political subdivision of the State of Arizona, (the "Town"). * a California 1. Property. The Owner is the owner of a parcel of property within the County of Pima, a portion of tax parcel 224-30-365A (the"Owner's Property"), as described in Exhibit A, including all improvements located thereon. 2. Fee Title. The Town has determined the need to acquire fee title to Owner's Property. In lieu of court proceedings and further to its power of eminent domain,the Town agrees to acquire fee title to the Property for Three Thousand Dollars ($3,000.00). The Warranty Deed transferring title from Owner to the Town shall be provided at close of escrow. 3. Warranty Deed. The Owner shall convey to the Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified within a title report,to be provided at close of escrow. 4. Forms. Any and all other closing documents shall be done on forms to be provided by the Town's title company of choice. 5. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of the Town pursuant to a title search, this agreement shall be void. 6. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by the Lienholders, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. 7. Closing. Closing shall be on or before the 30th day after the date of execution of this agreement. i• .F' ua. )t rr Page 1 EXHIBIT A 8. Environmental Representations. 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 are 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 Indemnification. 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 the Property, each party remaining responsible for its obligations as set forth by law. 10. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bring the Property into compliance prior to closing or Town may terminate this agreement. If environmental inspection reflects possible contamination, the parties hereby mutually agree to extend date of closing for a reasonable time for Owner to complete such environmental clean up. 11. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the Property. 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 100% by Town. 13. Right of Entry. The Owner hereby grants to Town, its agents and contractors, right of entry to the Property upon execution of this Agreement for purposes of extending Lambert Lane to Pusch View Lane. 14. No Sale. Owner shall not sell or encumber the Property before closing. 15. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for cancellation of contracts by The Town of Oro Valley for certain conflicts of interest. n:i iru 16. Survival of Representation and Warranties. All representations and warranties t.lr{N:i. 'fN.it contained herein shall survive the closing. rt° Page 2 i EXHIBIT A 17. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and 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 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 Property. TOWN OF ORO VALLEY BY: Mayor Fir terican Title Insurance Company &An-ZIA-W-1, iaan*nzona Corporation, as Trustee Under Trust No 3589 and not ByTh1J y° , :- - , , _, di C DATE: / U6:: ' 1' -.ki:' F. }' (,�` cr DATE: CA ndy A_ Pp i rhe, Trust Officer June 18, 2004 ATTEST: de..4j.j2e/C BY: ' 1k C. Town Clerk Oro Valley, Arizona 85737 REVIEW AS TO FORM: BY:____, --- /.4' Town Attorney dill.-/ DATE: r4,,,P1 STATE OF ARIZONA) )ss: COUNTY OF PIMA ) On this day of 2004, before me the subscribed personally appeared ,,i ,to me known and known by me to be the person who executed the within Agreement and (s)he duly acknowledged to me that (s)he executed the same. uur �n a� IIIi T' Notary 1. i' r• My Commission Expires: m j� Page 3 NOTARY ACKNOWLEDGMENT TO TOWN OF ORO VALLEY REAL PROPERTY ACQUISITION AGREEMENT FOR PUSCH VIEW LAND EXTENSION STATE OF ARIZONA ) )ss. County of Pima ) On June 18, 2004 , before me, the undersigned Notary Public, personally appeared Cindy A. Reiche , personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. � r WITNESS myhand and official seal. ,------, F (t 1 d` / r r / /P ,/ r�� ./ t.,"/ . T -� / M C mmission Ex ires: r : , 11 /Li/ &ie '_ My p 7 ' ,., • ,--).. Li& z--71 Notary Public ,z ) :2----,^�\ "OFFICIAL SEAL' 'f, "\ Rachel Lynn Turnipseed ; 0 J , - }'1 ') NctRry Public-Arizona ' :: .-41 My fes: /� ;i -. ima CounIy;2,12004 A !,t ;1; : rte+a it • I�tG� Ki: ��h ll fi: t+a1(: 4M. pl titlr itn:t u� �Vii, ;IC t t EXHIBIT A LEGAL DESGRIF'TION(RIGHT OF WAY) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER-224-30-365a A Portion of Block 7 of the Highlands Subdivision recorded in Book 15 Page 21 of Maps and Plats,Pinna County,Arizona,in Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows: BEGINNING at a#4 rebar with a brass tag LS 12122 marking the south quarter corner said Section 12; THENCE North 00°-36'-29"West 1200.66 feet along the west line of the southeast quarter of said Section 12 to a#4 rebar with a brass tag LS 16562 marking the northeast corner of that property described in Docket 10650 Page 2611 recorded in Pima County,being also the southeast corner of said Block 7 of the Highlands Subdivision,(record bearing for the east line of the southwest quarter of said Section 12 is North 00°-03'-28"West per said Highlands Subdivision)said#4 rebar being also a point on a non-tangent curve concave to the southwest whose radius point lies South 18°-21'-29"West 1984.86 feet distant,being also a point on the northerly Right of Way of"the old alignment of Lambert Lane"recorded in book 8 page 57 of Pima County Road Maps; THENCE westerly along said northerly Right of Way and curve an arc length of 35.53 feet through a central angle of OI°-0I'-32"to the TRUE POINT OF BEGINNING,being the beginning of a point of a non-tangent curve concave to the east whose radius point lies North 17°-12'-03"East 25.00 feet distant; THENCE northerly along said curve an arc length of 44.78 feet through a central angle of 102°-38'-28"to the beginning of a curve concave to the southeast whose radius point lies South 60°-09'-29"East 660.00 feet distant; THENCE northeasterly along said curve an arc length of 60.82 feet through a central angle of 05°-16'-48" to a point on a curve concave northwesterly on the southerly Right of Way of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County; THENCE westerly along said southerly Right of Way of Lambert Lane and curve,whose radius point lies North 22°-58'-39"West 1837.95 feet distant,an arc length of 90.42 feet through a central angle of 02°-49'- 07"to the east line of Block3 of_said.Highlands Subdivision; THENCE South 00°-36'-29"East 35.21 feet along the east line of said Block 5 to a point on a non-tangent curve concave to the southwest whose radius point lies South I 5°-22'-00"West 1984.86 feet distant; THENCE southeasterly along said curve an arc Iength of 68.10 feet through a central angle of 01°-5T-57" to the TRITE POINT OF BEGINNING,containing 3,235 square feet. t11 Ir,! tt• �dii r-'"��M (lith: tut�. --paip ,, j 2$?� '' • t,,�t:.. :i: . ' _( is -', VAN AGENEN it f 6I- 34 Rt�la: �� in+i '.', --nir: _ - A:U2430365a_dvc 6/i/20Q4 EXISTING R,'Wa -- < ' _...----.1 ./' �- ..----• .,--- PUSH VIEW LIME 'CONSTRUCTION CAL LNIBERT LANE " RIM'-CA Ir -r-l�� LANE...� BERT ...,....... .,- , -- , ... , ___ !�� EXISTING.SLOPE -� ._ _ _ I EASEMENT "� �- J �AKf 9332-PAGE SSBA �r 1.1111'°:III... PROPOSED R/W 1111.-- 1111 .- -4111111111100:111101 , C2 r . At OF WAY �4, 13235 SF) `, C4 TPS ' 1 -EXISTRIG R/W 224-30-365A N 1 " +- 1 • - -GVI4VE-0/0-AWAVE RADIUS: MTh _ L 'H_TANGENi\ 0 ' . 102'3rz 4478' _ 3123' - C2 WOW 5116' _ NMZ' . 3a43' C3 '83F ! Z49'W - *or C4 19r9�1,S6' t 5l'3T' 6811Y ' -ME-DATA LINE BEAMS LENGTH - -ld - S�T36'2.V f 3521' . • EXHIBIT B liAAi`i j'al: H�j; 224-30-365A I (FIRST AMERICAN TIT ' ��the or�erotion of the�la.�nation it this:n TITLE ,,;ry;: men{�o•otAer tf►an the ��Ir;x?" ,���v.r►poss t�„��mos iatd�d oad�o<other o,d,the cLcM INS`1 S _COT R -��8 9 3 for shorn if..as pr erpres �permitted�.� DATE: 06/03 �i{ ot. in od+'eace by R S MAIMING INCORPORATED.en!R S Et+►Wt+EERrIGI Xo+coRPORATFD shoshove no qtr to DOCKET AG 5" SCALE: 1" '60' �' or�r vs�of!tis Na*nwtion silhovt 1 f" X �:mitten consent © R S-($� RIGHT OF WAY ACQUISITION SHEET: 1 OF 1 1. el 3 R S ENGINEERING TOWN • (• O VALLEY `'':; ..i. DEPARTMENT OF PUBLIC WORKS 0 CONSULTING ENGINEERS ... a- WCSOa oIMI INCSOL+Rte ess ism is.-3133 Pio: sot s71-sPs PUSCH d L ANE co tctKvuc .ii EXTENSION