HomeMy WebLinkAboutResolution 2005-045 acquisition of a permanent drainage easement between the UPRR and Star Grass Drive
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: D K
DEPUTY RECORDER
7864 PE3
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET: 12537
PAGE: 3954
NO. OF PAGES: 5
SEQUENCE: 20050780907
04/22/2005
RES 16:31
MAIL
AMOUNT PAID
$
8.00
MARANA RESOLUTION NO. 2005-45
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MARANA RESOLUTION NO. 2005-45
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF A PERMANENT DRAINAGE EASEMENT NEEDED FOR THE
CONSTRUCTION OF CORTARO FARMS ROAD BETWEEN THE UNION PACIFIC
RAILROAD AND STAR GRASS DRIVE; AND DECLARING AN EMERGENCY.
WHEREAS, condemnation proceedings are currently pending in the case Town of
Marana v. Tucson Electric Power Company, Pima County Superior Court Case No. C20024896
to acquire right-of-way and other property rights needed for the construction of Cortaro Farms
Road; and
WHEREAS, it is necessary for the Town of Marana to acquire an additional drainage
easement described and depicted on the legal description and map attached as Exhibit A (the
"Needed Property") ITom Pima County Assessor's Tax Parcel No. 221-18-008G, currently owned
by Tucson Electric Power Company, for the construction of Cortaro Farms Road between the
Union Pacific Railroad and Star Grass Drive; and
WHEREAS, the Mayor and Council of the Town of Marana find that the public health,
safety and welfare necessitate the acquisition of the permanent drainage easement and any other
property rights associated with the construction of Cortaro Farms Road between the Union
Pacific Railroad and Star Grass Drive,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing and directing the Town's staff and attorney to enter into
negotiations and if such negotiations fail, to amend the pending condemnation proceedings against
Tucson Electric Power Company to acquire the Needed Property for its fair market value as
determined based on an independent fee appraisal or based on a determination of just
compensation by the Court or jury,
IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace,
health, and safety of the Town of Marana that this resolution become immediately effective;
therefore, an emergency is hereby declared to exist and this resolution shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 19th day of April, 2005,
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'elyn ,Bronson, Town Clerk
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Mayor Bobby Sutton, Jr.
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LEGAL DESCRIPTION
PROPOSED DRAINAGE EASEMENT
CORTARO FARMS ROAD - V.P.R.R. TO STAR GRASS DRIVE
ASSESSORS TAX PARCELS 221-18-008G
A PORTION OF THE NORTHWEST QUARTER, AND THE NORTHEAST
QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND
SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, BEING A PORTION OF
THAT PARCEL RECORDED IN DOCKET 2510 AT PAGE 184, RECORDS OF PIMA
COUNTY, ARIZONA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 26;
THENCE NORTH 8~18'08" EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF SECTION 26, 294.57 FEET;
THENCE NORTH 00000'00" EAST, 236.74 FEET TO THE SOUTHWEST CORNER
OF LOT 295 OF CORTARO RANCH LOTS 1-297, ACCORDING TO THE PLAT
RECORDED IN BOOK 51 OF MAPS AND PLATS AT PAGE 6, RECORDS OF PIMA
COUNTY, ARIZONA, AND THE EAST LINE OF SAID PARCEL RECORDED IN
DOCKET 2510 AT PAGE 184, SAID POINT BEING ON THE PROPOSED
NORTHERLY RIGHT-OF-WAY LINE OF CORTARO FARMS ROAD TO BE
ACQUIRED BY THE TOWN OF MARANA, SAID POINT BEING ON THE ARC OF
A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A
RADIUS OF 1025.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH
07°10'41" WEST;
THENCE WESTERLY ALONG SAID CURVE AND ALONG SAID RIGHT-OF- WAY
LINE, THROUGH A CENTRAL ANGLE OF 04°45'32", AN ARC DISTANCE OF
85.13 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE WESTERLY ALONG SAID CURVE AND NORTHERLY
RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 08°04'04", AND ARC
DISTANCE OF 144.21 FEET TO A POINT ON A NON-TANGENT LINE BEING
THE WESTERLY LINE OF SAID PARCEL RECORDED IN DOCKET 2510 AT
PAGE 184;
THENCE NORTH 42°44'51" WEST ALONG THE WESTERLY LINE THEREOF,
2717.54 FEET;
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THENCE NORTH 47°15'09" EAST, 60.00 FEET;
THENCE SOUTH 42°44'51" EAST ALONG A LINE 60.00 FEET EAST OF AND
PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL, 2652.53 FEET;
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P:\Jobs\126 Cortaro Fanns Road\Legal Descriptions\22119008G DE.doc
Page 1 of2
LEGAL LOG No. 68
THENCE SOUTH 70038'00"EAST, 147.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 166,983 SQUARE FEET, MORE OR LESS.
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P:\Jobs\126 Cortaro Farms Road\Legal Descriptions\22119008G DE,doc
Page 2 of2
LEGAL LOG No. 68
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CORTARO FARMS ROAD
U.P.R.R. TO STAR GRASS DRIVE
PROPOSED DRAlNGE EASEMENT
ASSESSORS TAX PARCEL 221-18-oo8G
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SCALE: 1"=100'
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PROPOSED DRAINAGE
EASEMENT 166,983 S.F.
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CaRT ARO
RANCH
BOOK 51
PAGE 06
LOT 295
CORTARO FARMS ROAD
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