HomeMy WebLinkAboutResolution 2008-123 vacating a portion of camino de manana right of way that cross union pacific railroadMARANA RESOLUTION N0.2008-123
RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF-
WAY OF CAMINO DE MANANA THAT CROSSES THE UNION PACIFIC RAILROAD
PROPERTY; AND DECLARING AN EMERGENCY.
WHEREAS the Town of Marana's construction of the new I-10 Twin Peaks Traffic
Interchange will include agrade-separated railroad crossing, which will supplant the need for the
existing at-grade Camino de Marana railroad crossing; and
WHEREAS the design of the I-10 Twin Peaks Traffic Interchange requires the closure of
the existing Camino de Manana/northbound I-10 frontage road intersection and the at-grade
Camino de Mariana railroad crossing that leads to that intersection; and
WHEREAS the closure of the existing at-grade Camino de Mariana railroad crossing will
result in a contribution of approximately $657,488 from Union Pacific Railroad toward the
construction of the I-10 Twin Peaks Traffic Interchange; and
WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240(B)(3)(e) and 28-7205
to vacate and abandon Town roadways; and
WHEREAS the Town Council finds that the Town is receiving appropriate consideration
for the vacated right-of--way for purposes of A.R.S. § 28-7208 based on Union Pacific Railroad's
contribution to the I-10 Twin Peaks Traffic Interchange construction cost and the limited
marketability of the narrow strip of land being vacated, which crosses the Union Pacific Railroad
mainline; and
WHEREAS the Town Council finds that the safety provided by the new I-10 Twin Peaks
Traffic Interchange and its grade separation with the railroad far outweighs the convenience
provided by keeping the existing Camino de Marana at-grade crossing in place; and
WHEREAS the -Town Council finds that this resolution is in the best .interests of the
Town and its citizens.
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 vacates and abandons that portion of the public
right-of--way of Camino de 1Vlanana that crosses the Union Pacific Railroad .property as
particularly described and depicted in Exhibits A and A 1 attached to and incorporated into this
-1-
resolution by this reference, subject to and upon satisfaction of Section 2 of this resolution, with
transfer of title occurring when the Town Engineer executes aquit-claim deed of abandonment
pursuant to Section 3 of this resolution.
SECTION 2. The existing at-grade Camino de Manana railroad crossing shall not be
closed and the Town Engineer shall not execute aquit-claim deed of abandonment until the
Town Engineer determines that the I-10 Twin Peaks Traffic Interchange project has progressed to
the point that neither public nor construction access is needed or desirable over the existing at-
grade Camino de Manana railroad crossing.
SECTION 3. Subject to and upon satisfaction of Section 2 of this resolution, the Town
Engineer is hereby authorized to execute aquit-claim deed of abandonment in favor of Union
Pacific Railroad, evidencing the transfer of title to the vacated and abandoned right-of--way in
accordance with the requirements of A.R.S. § 28-7205.
SECTION 4. The .Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out this resolution.
SECTION 5. It is necessary for the preservation of the peace, health and safety of the
Town of Marana that this resolution become immediately effective, so 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 16t" day of September, 2008.
Mayor Ed Honea
ATTEST:
ocelyn .Bronson, Town Clerk
APPROVED AS TO FORM:
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LEGAL DESCRIPTION FOR
ABANDONMENT PARCEL
That portion of the Northwest quarter of Section 22, Township 12 South, Range 12 East, of the
Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as
follows:
COMMENCING at the Northwest corner of said Section 22 (rebar with cap) from which the
North quarter corner of said Section 22 (railroad spike) bears North 89°34'30" East, 2639.76 feet;
thence North 89°34'30" East, 12'45.91 feet along the North line of said Section 22 to the westerly
right of way of the Union Pacific Railroad;
thence departing said North line South 35°02'38" East, 1971.77 feet along said westerly right of
way to the POINT OF BEGINNING;
thence departing said westerly right of way North 54°57'22" East, 200.00 feet to the easterly
right of way of the Union Pacific Railroad;
thence South 35°02'38" East, 60.00 feet along said easterly right of way;
thence departing said easterly right of way South 54°57'22" West, 180.00 feet;
thence North 35°02'38" West, 33.00 feet;
thence South 54°57'22" West, 20.00 feet to said westerly right of way of the Union Pacific
Railroad;
thence North 35°02'38" West, 27.00 feet along said westerly right of way to the POINT OF
BEGINNING.
Said parcel contains 11,340 square feet or 0.2603 acres more or less.
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ABANDONMENT PARCEL
16 115
21 122
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DATA T ABL E
1 N89°34'30"E
2 S35 ° 02' 38 " E
3 N54°57'22"E
4 S35 ° 02' 38 " E
5 S54°57'22"W
6 N35 ° 02' 38 " W
7 S54°57'22"W
8 N35°02' 38"W
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7720 North 16th Street
Suite 100 -Phoenix, AZ
85020 - 602.371.1100
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TWIN PEAKS
UNION PACIFIC RA[LROAD
N89 ° 34' 30" E - 2639. 76'
1245. 91 '
1971. 77'
200. 00'
60. 00 `
180. 00'
33. 00'
20. 00'
27. 00'
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1"=100'
PIMA CO.