HomeMy WebLinkAboutResolution 2005-108 abandonment of the clear zone on lot 7 of continental ranch business park
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: SGP
DEPUTY RECORDER
1456 PE3
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET: 12620
PAGE: 145
NO. OF PAGES: 7
SEQUENCE: 20051610034
08/19/2005
RES 09:52
MAIL
AMOUNT PAID
$
9.00
TOWN OF MARANA
Resolution No. 2005-108
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MARANA RESOLUTION NO. 2005-108
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE
ABANDONMENT OF THE 30-FOOT CLEAR ZONE AND IMPLIED SLOPE EASEMENT
ON LOT 7 OF CONTINENTAL RANCH BUSINESS PARK.
WHEREAS, a perpetual, nonexclusive easement was granted to Pima County for the
construction and maintenance of drainage, access, utility and clear zone over a portion of land
within the Continental Ranch Business Park as recorded with the Pima County Recorder's office
in Docket 8097 at Page 1950-1970; and
WHEREAS, this easement contains a condition stating the Grantor agrees that the natural
or existing contours of the above land shall not be excavated, filled, or altered without prior
written approval which shall remain; and
WHEREAS, the Town Council desires to abandon the 30-foot clear zone and implied
Slope portions of the easement as exists on Lot 7 of Continental Ranch Business Park legally
described on the attached Exhibits "Pl' and "B" and shown on Exhibits "A-I" and "B-1"; and
WHEREAS, the Town of Marana has completed construction ofCortaro Road, Silverbell
Road to 1-10, Project No. 99-3401 and the clear zone and cut/fill slopes adjacent to Continental
Ranch Business Park Lot 7 have been contained within the existing public rights-of-way; and
WHEREAS, the Mayor and Council has determined that the clear zone and implied slope
portions of the easement are no longer necessary for public purposes.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The Town of Marana hereby abandons the 30-foot clear zone and implied
slope portions of the easement more particularly described in Exhibits A, AI, B, and B1 attached
to and incorporated into this resolution by this reference, with the release of rights occurring upon
the Town Manager's execution of Release of Easement pursuant to Section 2 of this Resolution
subject to the noted exception for construction and maintenance of drainage, access, and utilities.
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Section 2. The Town Manager is hereby authorized to execute the Release of Easement
to the property owner in accordance with A.R.S. ~ 9-402 (E).
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Marana Resolution No. 2005-108 CR Business Park 7 Easement Abandonment
Page 1 ~f2
FJC:MF 8/16/2005
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 16th day of August, 2005.
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Marana Resolution No. 2005-108 CR Business Park 7 Easement Abandonment
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lEGAL DESCRIPTION
CONTINENT~ RANCH
BUSINESS PARK
~L~EOFC~RZONEG~T
All of that portion of a certain easement granted as -clear Zone- in the document recorded on
June 18, 1987 in Docket 8097. Page 1950, lying within Lot 7 of Continental Ranch Business
Park. Lots 1 through 8 and Blocks A and B, recorded in Book 49 of Maps and Plats, Page 37.
lying within the South Half (S 1/2) of Section 26, Township 12 South, R81ge 12 East, Gila and
Salt River Meridian, Pima County, Arizona.
Prepared by:
THE WlB GROUP. INC.
Jack A. Buchanan, RlS
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EXHIBIT TO ACCOMPANY DESCRIPTION OF
RRf.EASB OF CLEAR ZONE Mfl) SLOPE BASEJI1lJI7'
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LEGAL DESCRIPTION
CONTINENTAL RANCH
BUSINESS PARK
RELEASE OF tMPUED SLOPE GRANT
All of that portion of a certain easement. use implied but not granted as "Slopes- in the
document recorded on June 18, 1987 in Docket 8097, Page 1950, lying within Lot 7 of
Continental Ranch Business Park, Lots 1 through 8 and Blocks A and B, recorded in Book 49 of
Maps and Plats, Page 37, lying within the South Half (S 1/2) of Section 26, Township 12 South,
Range 12 East, Gila and Salt River Meridian, Pima County, Arizona.
Prepared by;
THE WLB GROUP, INC.
Jack A. Buchanan, RLS
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