HomeMy WebLinkAboutResolution 2001-149 continental ranch parcel 50 abandonment of the public drainageway
F. ANN RODRIGU~Z, RECORDER ~ DOCKET: 11690
RECORDED BY: %-LJ PAGE: 2571
DEPUT~ RECORDER NO. OP PAGES: 2
j~ 7995 RoOE SEQUENCE: 20012350540
~TN: TOWN CLE ,R~t
/13251 N LON ~A~D~S RD
M~/~ANA AZ ,~5653 ~O~T PAID $ 8 . 00
M~A ~SOL~ION NO. 2001=149
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, CONTINENTAL RANCH PARCEL 50 ABANDONMENT OF THE PUBLIC
DRAINAGE WAY FROM WADE ROAD EAST APPROXIMATELY TWO-HUNDRED AND
THIRTY FEET (230').
WHEREAS, an application for abandonment ora portion of the Town s public drainage way,
dedicated in the Final Block Plat of Continental Ranch Parcel 50 recorded in Book 42 at Page 54
with the Pima County Recorder's Office, has been submitted to the Town by Continental Ranch
Parcel 50 residems, Raymond and Mmy Park; 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, the definition of 'public fight-of-way" or "right-of-way' includes; highway,
street, road, alley or other fight-of-way of a governmental entity as stated in A.R.S. § 484475;
and
WHEREAS, Raymond and Mary Park have requested that the Town abandon the sixteen
(16) feet in width and approximately one-hundred and twenty (120) feet in length of the public
drainage way located south of their residence, Lot 9 at 6981 W. Hermitage Pl., COl~taining
approximately 1922 square feet, as legally described in Exhibit A1 and shown on the map Exhi'bit
WHEREAS, Richard and Judy Lane have signed the petition of support that would also
· aythat' app imately (17)feet
abandon the polygon shaped portion of the drainage w ~s rox seventeen
in width at the western edge and fifty-six (56) feet in width at the eastern end that stretches
approximately one-hundred and ten (110) feet in length south of their residence, Lot 10 at 6965
W. Hermitage Pl., as depicted on the attached legal description Exhibit B and map Exhibit B1;
and
WHEREAS, it has been determined by the Mayor and Council that a portion of the public
drainage way appro.xlmately 230 feet in length, as recorded in Map and Plats Book 42, Page 54, as
shown on the maps attached as Extu'bit A2 and B 1 incorporated herein by this reference, and legally
descn'bed in attached ExMbits A1 and B, incorporated herein by this reference, is no longer necessary
to the Town; and
Page 1 of 2
WHEREAS, notice of the intended abandonment and exchange has been posted on the
property and published according to the applicable statutes; and
WHEREAS, quit-claim deeds shall be recorded with the Pima County Recorder's Office
granting the portion directly adjacent to Lot 9 to Raymond and Mary Park and the portion directly
adjacent to Lot 10 to Richard and Judy Lane.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Town of Marana abandon a portion of the Public Drainage Way from
Wade Road east a distance of approxlmately 230 feet, as recorded in Map and Plats Book 42, Page
54, more fully depicted in the map attached hereto as Exhibit A2 and B1 and legally described in
Exhibits A1 and B, incorporated herein by this reference, which is no longer necessary to the Town.
Subject to the following condition:
· Reservation (perpetual easement) for all existing public utilities/sewers within the
abandonment area.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
4th day of December, 2001.~ ~ON,
JR.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney and not personally
Page 2 of 2
· - ' ' '' ExhibitA1 -
LEGAL DESCRIPTION
PUBLIC DR. AINAGEWAY ABANDON..~I ENT
LOT ~
A PORTION OF THAT PUBLIC DRA[NAGEWAY DEDICATED BY THE PL-¥r O1"
CONTINF_N'TAL RANCH. PARCEL $0. A SUBDIVISION RI!CORI)EI) tN BOOK 42. MAPS
AND PLAT.~ PAGE ~. RECORDS OF PIMA CO[...'N'I'Y. ARIZON.A. SAIl) I'ORTION
MORE pARTICULARLY DESCRIBED AS FOLI.OWS:
BEGINNING AT THE SOUTHWE$'T CORNER OF LOT t~ OF SAIl) CON-I'INEN"FAL
R.ANCH PARCEL 50:
THENCE NORTH ~9'36'$g' F_.\ST. ALONG THE SOUTH I.INE OF SAID I.OT.
DISTANCE OF 117.23 FEET TO AN ANGLE POINT 1N SAID SOUTH LI~E:
THENCE NORTH 6~37'38- EAST. CONTINUING ALONG SAID SOUTH LINE. A"
DISTANCE OF 3.0D FEET TO TILE SOUTHF_~ST CORJ\~ER OF SAID LOT ~:
THENCE SOUT}{ 00~2_3'22~ F_~ST..~d_ONO A SOUTHERLY PROLONGATION OF
EAST LINE OF SAID LOT g. A DISTANCE OF 17.03 FEET TO THE SOUTH LINE OF SAID
DR.AINAGEWAY:
TH.ENCE SOL."TH 89"36'.~" WEST. ALONG .SAID SOUTH LINE A DISTANCE OF 1._.20.00
FEET TO TH.E F_~.ST RIGHT OF WAY LINE OF WADE ROAD. WHICH IS A LINE 45.00
'. ~:i. FEET EASTERLY OF AND PARALLEL WIIH THE WEST LINE OF THE SOUTHWEST
.'. QUARTER OF SECT1ON 27. TOWNSHIP 12 SOUTH. RANGE 12 EAST. GILA AND SALT
RIVER Nri=RIDIAN:
THENCF-' NORTrI 0{Y3Y36" WEST. ALONG SAiD F-~ST RIGHT-OF-WAY LINT A
DISTANCE OF 16.00 t-r..._~ TO TH~ ?Oh\q' OF BEGINNING.
.O
SAID POR~ON CON-I'AINING ]~)22 SQUARE FEET. MORE OR LESS.
Exhibit A2
A'PORTION OF THAT PUBLIC DRAINACEWAY DEDICATED IN BOOK
MAPS AND PLATS, PAGE 54. RECORDS OF PIMA COUNT~, ARIZONA
I
H...?R!glTA P£A CE
45. 00'
POINT OF BEG~NNiNG
3.00'
N DO'3W35' DP~INAG~Y
~ 15.00' N 8~5'3B' E
= ~ 117.25' ~ 00'23'22"17.0~. [
- ~ ...... / ~2o. oD' SOU~ LINE OF CONTINENTAL P~NCH, ~
PARCEL 50, BOOK 42 MAPS AND P~TS ~4GE 54
SW COB SEC. 27
'" ~ ~TRA TECH, INC.
NDRT~
Exhibit B
L£GAL DESCRIPTION
_ PUBLIC DRAINAGEWAY ABANDON;MENT
.]~ LOT 10
:\ POt~'I'ION OF THAT pUBLIC DRAINAGEWAY DEDIC'ATEI) BY 'rile I'I.AT OF
('ONTINI-:NTAI. IL-~NCH. PARCEL 50. A SUBDIVISION RECf)RI)I']) IN BOOK -12. MAPS
:\ND pLATS PAGE 5-L RECORD.g oF P MA COI.N I '~. :\RIZO...%. S:%ID PORTION BFING
MORE pAR'I'ICULARI.Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT It) OF SAID CONTIN£NTAI.
RANCH PARCEL 50:
THENCE NORTH 69"37.38~ EAST. ALONG THE SOUTH LINE OF SAID LOT. A
DISTANCE OF I 1-I.05 FEEl' TO AN ANGLE POINT IN SAID SOUTH LINE:
't'HENCE NORTH S9036'38" EAST. CONTINU;ING ALONG SAID SOUTH LINE. A
DISTANCE OF 2.82 FEET TO THE SOU'Tt-LF-~..ST CORNER OF SA I D LOT } 0:
THENCE sOUTH 00°23'22.- EAST. ALONG A SOUTHERLY PROLONGATION OF TH~
EAST LINE OF SAID LOT ]0. A DISTANCE OF 56.00 FEET TO THE SOUTH LINE OF
SAID PUBLIC DR.a. INAGEWAY:
THENCE SOUTH 89~36'3~'' '~'EST. ALONG SAID SOUTH LINE A DISTANCE OF ] 10.09
FEET TO THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 10:
THENCE NORTH 00~'22? WEST. ALONG SAID SOUTHERLY PROLONGATION A
DIST.~x~CE OF 17.03 FEET TO THE PO h'~-f OF B EGINNhNG.
SAID POKTiON CONTAlI~'12~G 4071 SQU.MLE r£ET. MORE OR. LESS. . .
j. .EONAfD FORTES,
:.t.- A PORTION OF THAT PUBLIC DRAINAGEWAY DEDICATED IN BOOK 42.
' IdPA$ AND PLATS. PAGE 54. RECORDS OF PII~,A COUNTY', ARIZONA
'i ~ ;-.5. o___o' _
2.~2'
POINT OF
-. /
~ pUbLIC D~NAG~.Y ~ S 89G5'3~' w
~ ~OU~H LINE OF coNTINENTAL ~C,~,
/ ~ARCEL 50,~OOK ~2 ~Z~5 AND PL~T5 PA~E
5W COR SEC. 27
<-.;', ~ M~A TECH, INC.