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HomeMy WebLinkAboutResolution 2001-093 abandoning portion of pima farms road and artesiano road rights of way F. ANN RODRIGUEZ, P. ECORDER DOCKET: 11624 ~ECORDED BY: CML ~ PAGE: 3267 DEPUTY RECORDER NO. OF PAGES: 9 1951 ROOD SEQUENCE: 20011690670 SM~/~A 08/30/2001 TOWN OF M~RANA SCRIVE 16: 44 ATTN: TOWN CLERK 13251 N LON ADAMS RD M~IL M~RANA AZ 85653 AMOUNT PAID $ 10.00 MARANA TOWN OF MARANA SCRIVENER'S ERROR MARANA RESOLUTION NO. 2001-93, originally recorded on August 16, 2001, in Docket 11614, pages 2299 & 2300, is being re-recorded to correct an omission of necessary exhibits called out within the text of this resolution. There are no changes being made to the original text of Marana Resolution No. 2001-93. The additional pages, labeled Exhibit A, B-l, B-2 B-3, C-1 and C-2, include a location map of Phase I and Phase II (Exhibit A), a legal description of Phase I Right-of-Way Abandonment (Exhibits B-1 and B-2), a lot map check for Pima Farms (Exhibit B-3), a legal description of Phase II Right-of-Way Abandonment (Exhibit C-1), and a lot map check for Artesiano (Exhibit C-2). F. ANN RODRIGUEZ, P-~CORDER -'- DOCKET: 11614 KECOI~DED BI~: ~ ~ PA~E: 2299 DEPUT~ RECORDER ~O. OF PA~ES: 2 2403 ROOC TOWN OF~MARANA ~,.' 7/ ~-- 08/16/2001 13251 N L~ ADAMS RD/ MPmA~A AZ 8~53~~- AMOUNT PAID $ 8.00 ~IARANA RESOLUTION NO. 2001-93 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ABANDONING A PORTION OF PIMA FARMS ROAD AND ARTESIANO ROAD RIGHTS-OF-WAY 1N EXCHANGE FOR THE NEW ALIGNMENT OF CONTINENTAL RESERVE LOOP. WHEREAS, an application for abandonment for portions of the Town's Pima Farms Road and Artesiano Road fights-of-way in exchange for the new alignment of Continental Reserve Loop, dedicated in the Final Block Plat of Continental Reserve recorded in Book 53 at Page 35(10) with the Pima County Recorder's Office, has been submitted to the Town by the developer, Diamond Ventures, Inc.; and WHEREAS, the Mayor and Council have the authority pursuant to A.R.S. § 28-7202, to dispose of or use the roadways; and WHEREAS, pursuant to A.R.S. § 28-7203, a roadway or portion of a roadway may be exchanged with an abutting owner for all or part ora new public roadway; and WHEREAS, it has been determined by the Mayor and Council that the 60 feet of Pima Farms Road fight-of-way fi.om Silverbell Road west a distance of approximately 4926 feet, as recorded in Road Maps Book 2, Page 101, and the 60 feet of Artesiano Road right-of-way from Silverbell Road south a distance of approximately 5023 feet to the southern Town limit line, as recorded in Road Maps Book 3, Page 58, as shown on the map attached as Exhibit A incorporated herein by this reference, and legally desert%ed in attached Exhibits B-l, B-2, B-3, C-1 and C-2 incorporated herein by this reference, is no longer necessary to the Town, WHEREAS, notice of the intended abandonment and exchange has been posted on the property and published in the according to the applicable statutes; and WHEREAS, the Mayor and Council have determined that the new alignment of Continental Reserve Loop is a fair exchange for the current rights-of-way of Pima Farms Road and Artesiano Road. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana abandon the 60 feet of Pima Farms Road fight-of-way fi.om Silverhell Road west a distance of approxirnately 4926 feet, as recorded in Road Maps Book 2, Page 101, and the 60 feet of Artesiano Road fight-of-way fi'om Silverbell Road south a distance of approximately 5023 feet to the southern Town limit line, as recorded in Road Maps Book 3, Page 58, in exchange for the new alignment of Continental Reserve Loop, as recorded in the Final Block Plat of Continental Reserve in Book 53, Page 35(10), with the Pirna County Recorder's Office as Page 1 of 2 more fully depicted in the map attached hereto as Exhibit A and legally described in Exhibits B-l, B- 2, B-3, C-I and C-2, incorporated herein by this reference, which are no longer necessary to the Town, subject to the following conditions: 1. A perpetual easement shall remain for all abandoned areas in conformance with A.R.S. § 28- 7210 for existing: a) sewer, gas, water or similar pipelines and appurtenances; b) canals, laterals or ditches, and appurtenances; and c) electric, telephone and similar lines and appurtenances. 2. Developer to provide a water main connection to Artesiano Road within the roadway rights-of-way of Continental Reserve Block 16 for the Marana Water Department. 3. The new Continental Reserve Loop roadway to be built and completed to the satisfaction of the Town of Marana prior to rerouting traffic from the existing portions of Pima Farms Road and Artesiano Road. 4. A cul-de-sac or emergency vehicle turn-around to be built and completed to the satisfaction of the Town of Marana at the northern end of the remaining Pima County alignment of Artesiano Road. 5. Any relocation of Western Area Power Administration (WAPA) poles or modification of the transmission lines required by the construction and development of Continental Reserve will be at the Developer's cost. a) At the time relocation or modification of WAPA facilities are needed a License Agreement must be acquired by the Developer from WAPA. 6. The abandonment will not prevent any property owners fi.om legally accessing their property therefore, permanent driveway access to be provided to Mr. & Mrs. McCoy, Ms. Sandra Pena, and Mr. & Mrs. Bruce Warren, in a form acceptable by the majority of these parties. a) At a minimum, the access shall be constructed in accordance with the Agreement of Quit Claim recorded with the Pima County Recorder's office in book 8651, pages 990-1002; however, b) Permanent access through Block 15 of Continental Reserve is also acceptable to the Town upon agreement of the above named affected property owners. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of August, 2001.~ ~O Iq, JR. ATTEST: ~ ~ APPROVED AS TO FO~ ~ ~,S~d~al.,, ~ "~aniel J. Hochuli As Town Attorney and not personally Page 2 of 2 EXHIBIT FOR RIGHT OF WAY ABANDONMENTS Job No: 81571085 c~ ',-- /% o.'- 1 R/W ABANDONMENT ~ ~ o l/ 0 /5/p z cn IMt =ARMS ROAD N89'44'13"E 2617.29' N89'44'tT"E 250B.54' S89'44'13"W /2/617.22W ssg'44'17"W 2342.4'/./ P.O.B. // <2 // w 1/4 COR// / 0"5 // SEC 28 ~ co // 1 R/W>/BANDONMENT le.o.B,xx "' g // < 1 "=1000' x~x~ ~ /~ 0 ,----r~ N W COR ~ I tSEC 33 < \ 32/~ ~ ~ 28 27 ~0 ~: ~z> m z z t ~HASE 1 R/W ABANDONMENT t PHASE 2 R/W ABANDONMENT L5/W L6~ ~L9  P.O.B. SE CORN 1/2 NW 1/4 2~47 SEC 33, T 12 S, R 12 E CURVE DELTA ~ RADIUS I ARC LENGTH J TANGENT ~E~ c~ 00'2~'31" I ~0100.00' I 63.22'/ 3~.60' C2 ] 05'25'55"1 637.50' I 60.44'~ 30.24' LINE ~ BEARIN¢ ISTANCE 425 S. 48th S~E~, SUIT~ 101 L1 ~ NOO'O4'58"W ~ 30.00' ~=M, 2, ~ 8528t-2315 L2 ~ S29'39'31"E ~ 68.87' PN: [480~ 557-9103 L3 J NOO'25'22"W L 30.00' FAX: ~450] 557-930~ .- , z"- L4 ~ N89:9 2, ~ ~ 30.00' L5 [ N89'53'22"W ¢ 30.00' . ~N~¢~.~: ~R~! :~ u~: . L7 ~ NOO'11'42"W ~ 405.59' ....... ~ .... ~ ..... ~ .~ ,..~_A ....... .~,,,. L9 ~ N89:2 ,9 W j 30.00' EXNiBiT A LEGAL DESCRIPTION .... OF PHASE I RIGHT OF WAY ABANDONMENT FOR PIMA FARMS ROAD AND ARTESIANO ROAD BEING A PORTION OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF GILA AND SALT RIVER BASE AND MERID/AN, TOWN OF MARANA, PIMA COUNTY, ARIZONA.AND DESCRIBED AS FOLLOWS: BEGINN][NG AT THE WEST QUARTER CORNER OF SAID SECTION 28, THENCE N. 00°04'58" W., .&LONG THE WEST LINrE OF SA/Z) SECTION 28, A DISTANCE OF 30.00 FEET TO THE LNTERSECTION WITH THE NORTI-I~RLY RIGHT OF WAY LrNE FOR PIMA FARMS ROAD; THENCE N. 89°44'13" E., ALONG SAID NORTHERLY/LIGHT OF WAY LINE, A DISTANCE OF 2617.29 FEET TO ~ INTERSECTION WITH THE WESTERLy RIGHT OF WAY LINE FOR ARTESIANO ROAD; THZNCE N. 00° ..... I 1 ~.~ W., ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1529.72 FEET TO 'THE INTERSECTION WITH THE SOUTHERLy RIGHT OF WAY LINrE FOR SILVERBELL ROAD, SAID SOUTHERLY RIGHT OF WAY LINE BEING A CURVE CONCAVE NORTHEASTERLY AND HAVLNG A RAD1US OF 10,I00.00 FEET; THENCE SOUTHEASTERLy ALONG SAID SOUTHERLY RIGHT OF WAY LINrE THROUGH A CENTRAL ANGLE OF 00°21 '31" AN ARC LENGTH OF 63.22 FEET TO THE INTERSECTION ~TTH THE EASTERLY RIGHT OF WAY LINE FOR ARTESIANO ROAD; THENCE S. 00°l 1'33' E., ALONG SA/D EASTERLY RIGHT OF WAY LINE, A DIST.kNCE OF 1509.79 FEET TO ~ INTERSECTION WITH Tt'ZE NORTHERLY RIGHT OF WAY LINE FOR PIMA FARMS ROAD; THENCE N. 89°44, 1T' E., ALONG SAID NORTI-1ERLY RIGHT OF WAY LINE, A DISTANCE OF 2308.54 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLy RIGHT OF WAY LINE FOR SILVERBELL ROAD; :5'EENCE S. -9 .~9 .> 1 E., ALONG SA/Z) SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 68.g7 FEET TO THE INTERSECTION W/TH THE SOUTH]~RLY RIGHT OF WAY LINE FOR PIM_A FARMS ROAD; THENCE S. 89°44'17'' W., .~LONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 2342.41 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE FOR ARTESIANO ROAD; \kPHXFS 1LProj datak24216501L,Seldsur'~docskPIMAFARMS.doc EXHIBIT B-i 'Yiq]ENCE S. 00°l 1'42" E., ALONG SAID EASTERLY RIGHT OF WAY LiNE, A DISTANCE OF 2192.87 FEET TO THE iNTERSECTION WITH TI4-E PROPOSED NORTH]ERLy RIGHT OF WAY LINE FOR CONTINENTAL RESERVE LOOP, SAID NORTI-IERLY RIGHT OF WAY LINE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 637.50 FEET; ~CE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LI]qE THROUGH A CENTRAL ANGLE OF 05o25'55'' AN ARC LENGTH OF 60.44 FEET TO THE iNTERSECTION WiTH T'r[E WESTERLY RIGHT OF WAY LINE FOR ARTESIANO ROAD; SHENCE N. 00'11 '42" W., ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 2185.73 FEET TO TI-BE INTERSECTION WITH ~ SOUTHERLY RIGHT OF WAY LINE FOR PIMA FARMS ROAD; TI-IENCE S. 89°44' 13" W., ALONG SAiD SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 2617.22 FEET TO THE INTERSECTION WITH THE V~rEST LINE OF SAID SECTION 28; THENCE N. 00025'22" W., ALONG SAID WEST LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOX, rE DESCRIBED PARCEL CONTAINS 522,679 SQUARE FEET OR 12.00 ACRES MORE OR LESS. \~PI--IXFS I XProj data~24216501Lfieldsur\docs~PIMAFAlUVlS.doc · EXHiBiT 8-2 ' page 1 CONTINENTA~ RESERVE (PIlV~ FARMS) Project: 24216501 Men Dec 20 10:28:14 1999 Lot Map Check Lot name: pIM~.FARM. S North: 7359.1390 East: 12643.9720 Line Course: N 00-04-58 W Length: 30.00 North: 7389.1390 East: 12643.9287 Line Course: N 89-44-13 E Length: 2617.29 North: 7401.1554 East: 15261.1911 Line Course: N 00-11-33 W Length: 1529.72 North: 8930.8668 East: 15256.0516 Curve Length: 63.22 Radius: 10100.00 Delta: 0-21-31 Tangent: 31.60 Chord: 63.20 Course: S 71-52-45 E Course In: N 18-18-01 E Course Out: S 17-56-30 W RP North: 18520.04B7 East: 18427.4219 End ~o~n.~ ~' · 89~1.2053_ East: 15316.1315 Line Course: S 00-11-33 E Length: 1509.79 North: 7401.4238 East: 15321.2040 Line Course: N 89-44-17 E Length: 2308.54 North: 7411.9779 East: 17629.7199 Line Course: S 29-39-31 E Length: 68.87 North: 7352.1306 East: 17663.7989 Line Course: S 89-44-17 W Length: 2342.41 No_=h. 7341.4217 East: 15321 a~3~ Line Course: S 00-11-42 E Length: 2192.87 ~ North: 5148.5644 East: 15328.8765 - ~ Curve Length: 60.44 Radius: 637.50 6 Delta: 5-25-55 Tangent: 30.24 ~ Chord: 60.42 Course: N 83-28-07 W 4 Course in: S 09-14-50 W Course Out: N 03-48-55 E RP North: 45!9=~492 EaS~: 15226.4337 ~. End North: 5155.4364 East: 15268.8529 -m Line Course: N 00-11-42 W Length: 2185.73 ~ North: 7341.1537 East: 15261.4140 ~ Line Course: S 89-44-13 W Length: 2617.22 ~ North: 7329.!376 East: 12644.2216 Line Course: N 00-25-22 W Length: 30.00 North: 7359.1368 East: 12644.0002 Perimeter: 17556.08 Area: 522,679 sf 12.00 acres Mapcheck Closure - (Uses listed courses, radii, and ae_=as) Error Closure: 0.0283 Course: S 85-31-27 E Error Nsrth: -0.'0022!"' East: 0.02823 Precision !: 6!9,971.79 LEGAL DESCRIPTION OF PHASE II RIGHT OF WAY ABANDONMENT FOR ARTESIANO ROAD BEING PORTIONs OF SECTIONS 28 AND 33, TOWNSI-I~ 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PRIMA cOUNTY, ARIZONA AND DESCRIBED AS FOLLOWS: BEGINNING AT TI-IE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHV~rEST QUARTER OF SAID SECTION 33, THENCE N. 89°53'22" W., ALONG TI-IE SOUTH LINE OF SAID NORTH HALF, A DISTANCE OF 30.00 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE FOR ARTESIANO ROAD; THENCE N. 00 14 17 W., ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF · 1320.14 FEET TO THE INTERSECTION WITH THE SOLrFH LINE OF SAID SECTION 28; THENCE CONTINUING ALONG SAID V, rESTERLY RIGHT OF WAY LINE, N. 00°I 1 '42" W., A DISTANCE OF 403.39 FEET TO THE INTERSECTION WITH TH2E PROPOSED NORTHERLY RIGHT . OF WAY LtNE FOR CONrrlNENTAL RESERVE LOOP, SAID NORTHERLY RIGHT OF WAY LINE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 637.50 FEET; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 05°25'55" AN ARC LENGTH OF 60.44 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINrE FOR ARTESIANO ROAD; THENCE S. 00°I 1'42" E., ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 39629 FEET TO TI-IE INTERSECTION WITH Tt-IE NORTH LINE OF SAID SECTION 33; THENCE CONrFINLIING ALONG SAID EASTERLY RIGHT OF WAY LINE, S. 00°I4'lT' E., A DISTANCE OF 1320.49 FEET TO 'IS-IE INTERSECTION WITH THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 33; " 0 THENCE N. 89°52'49'' W., ALONG SAID SOUTH LIN'E, A DISTANCE OF -~0.0 FEET TO Tt-IE POINT OF BEGIN'NING. THE ABOVE DESCRIBED PARCEL CONTAINS 103~38 SQUARE FEET OR 2.37 ACRES MORE OR p:x24216501Lfieldsur\docsk&RTESIANO.doc . __ EXHiBiT C-i oaoe ! CONTINENTAL RESERVE (PiY~ FAP~MS) Project: 24216501 Mort Dec 10:23:26 1999 Lot Map Check Lot name: ARTES!D~O North: 3431.8566 East: 15305.6830 Line Course: N 89-53-22 W Length: 30.00 North: 3431.9145 East: 15275.6831 Line Course: N 00-14-17 W Length: 1320.14 North: 4752.0431 East: 15270.1981 Line Course: N 00-11-42 W Length: 403.39 North: 5155.4308 East: 15268.8252 Curve Length: 60.44 Radius: 637.50 Delta: 5-25-55 Tangent: 30.24 Chord: 60.42 Course: S 83-28-07 E Course In: S 03-48-55 W Course Out: N 09-14-50 E RP North: 4519.3436 East: 15226.4060 End North: 5148.5588 East: 15328.B488 bzne Course: S 00-~!-42 R L=nc-~: ~6.29 North: 4752.27il East: 15330.1976 Line Course: S 00-14-17 E Length: 1320.49 North: 3431.7925 East: 15335.6840 Line Course: N 89-52-49 W Lenoch: 30.00 North: 3431.8551 ' East: 15305.6841 Perimeter: 3560.76 ~ea: 103,238 sf 2.37 acres Mapcheok Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0018 Course: S 36-09-06 E Error North: -0.00146 East: 0.00107 Precision 1: 1,967,003.67 EXHiBiT C-2