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Home My WebLink AboutProperty - Acquisitions - 902 05 Real Property Acquisition, Well Site C-099 From the City of Tucson RESOLUTION NO. (R) 05-0 RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF A ORO VALLEY, PIMA COUNTY, ARIZONA, AUTHORIZING THE CLITION OF AN AGREEMENT BETWEEN THE TOWN OF ORO EXEC UTION VALLEY AND THE CITY OF TUCSON RELATING TO THE SALE OF REAL PROPERTY AND OFFER TO PURCHASE WELL SITE C-099. a ispoliticalsubdivision of the State of Arizona vested WHEREAS, the Town of Oro Valleyis entitled to the immunities and withrights, privileges and benefits and all associated g � . . - under the Constitution and laws of and political subdivisions exemptions granted municipalitiesp the State of Arizona and the United States; and the Cityof Tucson owns a well site, known as well C-099, located within the limits WHEREAS, Cityhas no laps to utilize in the future, of the Town that is not currently utilized and which the p and WHEREAS, the Town has a desire to acquire well C-099 and utilize said well to augment the Town's water supply to the benefit of its residents; and • appraisedan outside appraiser, the Town has had the the Cityhad subject site by pp WHEREAS, � negotiated the purchase price with the City of reviewed byan outside appraiser and appraisal Tucson; and Town to enter into the agreement, attached hereto as WHEREAS, it is in the best interest of the Exhibit No.1 and incorporated herein byCity of this reference (the "Agreement") with the Tucson. IT RESOLVED by the Mayor and Council of the Town of Oro THEREFORE, BE y NOW, Valley, Arizona, that the Agreement between the Town of Oro Valley, Arizona, and the City of Tucson, Arizona, is hereby approved. and anyother administrative officials of the BE IT FURTHER RESOLVED that the Mayor Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 19th Day of January , 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVE O FO • (5"( 1444,1q72 (1411t Kat n Cuvelier, Town Clerk Tobin Sidles, Acting Town Attorney AGREEMENT FOR THE SALE OF REAL PROPERTY and OFFER TO PURCHASE TO: City of Tucson RP#1324, wellsite C-099 Real Estate Division 201 N. Stone/6th Floor Tucson, AZ 85726-7210 The City of Tucson, an Arizona municipal corporation, hereinafter called "City" and the Town of Oro Valley, an Arizona municipal corporation, hereinafter called "Oro Valley" hereby agree as follows: Oro Valley hereby offers and agrees to purchase from City, at the price and subject to the terms, conditions and covenants herein stated, the following described real property, including any all improvements located thereon, including an existing municipal wellsite C-099 and all pipelines and associated structures and attachments: LOT 73 OF SHADOW MOUNTAIN ESTATES, A SUBDIVISION OF PIMA COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 13 OF MAPS AND PLATS AT PAGE 75 . SUBJECT TO all provisions, conditions, easements, rights-of-way, restrictions, covenants, encumbrances, obligations, liabilities, and other matters of record, and to all zoning, building or other laws or ordinances, and to any matters which would be shown by an accurate survey or inspection of the property. The purchase price shall be One Hundred Ninety-Eight Thousand Two Hundred Twelve and no/100 Dollars ($198,212.00 ). The closing date shall be within sixty (60) days from date of acceptance of this offer by City's Mayor and Council, during which time this offer remains binding and irrevocable. Oro Valley agrees that any relocation, modification, etc. of existing utilities and/or public improvements necessitated by this transaction shall be at no expense to City. Oro Valley understands and acknowledges that the utility locations and/or dimensions shown herein and by any map or brochure are based on information believed to be reliable, however, City does not guarantee or warrant this information___ City has not made, nor authorized anyone to make, any warranty or representation about the present or future physical or environmental condition of the subject property and no such representation or warranty shall be implied. Oro Valley expressly acknowledges that no such warranty or representation has been made and that Oro Valley is not relying upon any warranty or representation whatsoever. Oro Valley acknowledges and agrees that Oro Valley is relying solely upon its own investigation of the property and not on any information provided or to be provided by the City. Oro Valley further acknowledges that, to the maximum extent allowed by law, the sale of the subject property is made in an "as is" condition and with all faults. Oro Valley shall accept the subject property "as is" and in its condition on the date of the Closing, subject only to the express provisions, if any, of this instrument. Oro Valley, for and on behalf of itself, and its heirs, successors, and/or assigns, hereby releases and agrees to hold harmless City, its Mayor and Council, Boards, Committees, and Commissions, officers and employees, from and against any and all claims that it may now or hereafter have against City for any cost, loss, liability, damage, c k expense, demand, claim, or cause of action arising or alleged to have arisen from or relating to any defect or condition, including environmental matters, affecting the property or any portion thereof. The hold-harmless provisions of this section shall survive the closing. Transfer of property shall be by City of Tucson attached form of Deed. Possession of the property shall be given to Oro Valley upon recording of the Deed. All terms, covenants, conditions and provisions herein contained shall survive closing of title and recording of the Deeds and shall also extend to and be binding upon the parties, their assignees, heirs, devisees, personal representatives or other successors in interest, irrespective of how said interest was acquired. This Agreement contains the entire agreement between City and Oro Valley. All understandings, conversations and communications, oral or written, between the parties hereto, or on behalf of either of them, are merged into and superseded by this instrument and shall be of no further force or effect. Approved as to form: By: TOBIN SIDLES As: TOWN ATTORNEY (ACTING) For: TOWN OF ORO VALLEY, ARIZONA Approved and accepted this , 0 day of , 200 . By: PAUL H. LOOMIS As: MAYOR For: TOWN OF ORO VALLEY, ARIZONA Clerk Attest: It KAT'i YN CUVELIER CMC TOWN CLERK TOWN OF ORO VALLEY, ARIZONA ACCEPTANCE The terms, covenants, conditions, and provisions above stated are hereby accepted pursuant to approval by the Mayor and Council of the City of Tucson. DATED this day of , 200 . CITY OF TUCSON, a municipal corporation By MAYOR ATTEST: By City Clerk Recommended For Approval: APPROVED AS TO FORM: By Real Estate Administrator By: As: Principal Assistant City Attorney For: City of Tucson F. ANN RODRIGUEZ, RECORDER DOCKET: 12514 E RECORDED BY: NMB yov P11v4 PAGE: 3018 A DEPUTY RECORDER 11100r, NO. OF PAGES: 3 1134 ES2 -' SEQUENCE: 20050550751 ��;��• � �j T TTIGA � �` 03/22/2005 S TOWN OF ORO VALLEY p,' DEED 15:17 RIZO� I 11000 N LA CANADA DR D ORO VALLEY AZ 85737 MAIL E AMOUNT PAID $ 10.00 WHEN RECORDED, MAIL TO: TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY, AZ 85737 ATTN: WATER UTILITY RE: ESCROW# 260467 NAME OF DOCUMENT: WARRANTY DEED ,41n an' 1111. 1f� i nl,. itN:1 (12 DEED For the consideration of One Dollar ($1 .00), and other valuable considerations, the undersigned, the CITY OF TUCSON, a municipal corporation, does hereby release and quitclaim unto TOWN OF ORO VALLEY, an Arizona municipal corporation , the Grantee, all the undersigned's interest in the following described property situate in Pima County, Arizona: See Attached Exhibit "A" Subject to all provisions, conditions, easements, restrictions, covenants, encumbrances and other matters of record, and to all zoning, building or other laws or ordinances. Affidavit Exempt A.R.S. §11-1134 (A) (3) This deed is given pursuant to Ordinance No. 10118 of the Ordinances of the Mayor and Council of the City of Tucson, Arizona. The foregoing provisions and reservations shall be a burden running with the land and are binding upon the heirs, executors, administrators, successors and assigns of the Grantee. DATED this ill day of HA-re-L._ , 20 ac`'" . • CITY OF T .O► , a iei•al corporation ATTEST. � p ---)49-9g t., By: \by. 0 ITY CLERK MAYOR APPR.,?y,W AS TO FORM: STATE OF ARIZONA ) `` ', '�,,.. )ss. PRINCIPAL ASSISTANDCf Y ATTORNEY COUNTY OF PIMA ) 11, instrument was acknow ed ed before me this I dayof MCks--c1\ , 20d5 ,,This gv byO\ ) E . & TKcryei �,r,, as Mayor, and � d / I145 1 as City Clerk of the City of Tucso , a municipal corporation, as the Act of said thunicipal corporation. r—..rail t., OFFICIAL SEAL(7.r ' DEBRAC R il!i'l Qrst NOTARY PUBLIC-ARIZONA ,1` :' OPg. : .� PIT - 27 2007 Notary Public R.P.1324 Sale of well site C-099 S24-T12S-R13E QCD-SHORT Rev 3/00 EXHIBIT "A" Lot 73 of Shadow Mountain Estates, a subdivision of Pima County, Arizona according to the Map or Plat of record in the office of the County Recorder of Pima County, Arizona, in Book 13 of Maps and Plats at Page 75. 11, vl b;lt� II I JNA 1 Illll� alfa, 'u