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Home My WebLink AboutResolution 2008-167 deeds of abandonment for strips of the thornydale roadMARANA RESOLUTION N0.2008-167 RELATING TO REAL ESTATE; CONDITIONALLY VACATING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE DEEDS OF ABANDONMENT FOR STRIPS OF THE THORNYDALE ROAD PUBLIC RIGHT-OF-WAY EAST OF THE NOISE WALLS CONSTRUCTED ON THE EAST SIDE OF THE RECENTLY COMPLETED THORNYDALE ROAD IMPROVEMENT PROJECT; CONDITIONALLY AUTHORIZING TOWN STAFF TO PROCEED WITH THE INSTALLATION OF CHAIN LINK FENCING TO SECURE THE AREA BEHIND :THE NOISE WALLS; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana's recently completed construction of the Thornydale Road Improvement Project includes noise walls along the eastern boundary of the road; and WHEREAS the installation of these noise walls has resulted in strips of right-of--way approximately one foot in width remaining along the eastern side of the noise walls; and WHEREAS the Town of Marana is authorized by A.R.S. § 9-240(B)(3)(e) and A.R.S. § 28-7205 to vacate and abandon unnecessary Town roadways; and WHEREAS the Town Council finds that the strips of Thornydale Road right-of--way behind the noise walls have no public use and no market value for the purposes of A.R.S. § 28-7215(B); and WHEREAS the installation of chain link fence panels or gates on the ends of the areas behind the sound walls will greatly increase safety and security in the area; and WHEREAS the Town Council finds that it is necessary to reserve certain rights in the right-of--way to be vacated pursuant to this resolution, including easements for the possible maintenance of the noise walls and for drainage in certain areas, and including a covenant prohibiting actions that could undermine or compromise the structural integrity of the noise walls; 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 those strips of Thornydale Road public right-of--way of east of the noise walls constructed as part of the recently {00011248.DOC / 2} 12/2/2008 5:06 PM CIII/FJC -1- completed Thornydale Road Improvement Project, in the areas depicted on Exhibit A to this resolution, subject to and conditioned upon each individual property owner executing the acceptance block on the Deed of Abandonment in substantially the form attached as Exhibit B to this resolution, evidencing their acceptance of reservations in the Deed of Abandonment and their assumption of the costs of maintaining, and the liability for, the abandoned area. SECTION 2. The Town Manager is hereby authorized to execute the Deeds of Abandonment in substantially the form attached as Exhibit B to this resolution, after and conditioned upon each individual property owner executing the acceptance block on the Deed of Abandonment, as described in Section I of this resolution. SECTION 3. Independently of whether a particular property owner executes the acceptance block on the Deed of Abandonment as necessary to vacate and abandon a particular strip of right-of--way pursuant to Section 1 of this resolution, Town staff is hereby authorized to install chain link fences or gates to "cap" the ends the areas behind the noise walls as identified on Exhibit A, subject to the affected property owner executing a right of entry authorizing the Town to enter the property for the installation. 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 16th day of December, 2008. Mayor d Honea ATTEST: ocelyn C. ronson, Town Clerk {00011248.DOC / 2} 12/2/2008 5:06 PM CIH/FJC -2- mo~Z 0 ~ ~~ ~m ~~~~ _~ aN (n~ -~ t ; '~ a ~ s ~ ~.~ N.'O `. ~ a ' 3 f ~: ~ N ~ y (D ~'~` _ ~ "O O C cD ._ k ^ a " ti N cD m saw ~~ % ~ yN d A r: w y ~ T ~ ,~,.~ ..~ ~ ` °' _• `~ - ~ o ~ o M .+' 4~,: ~ ..~, . '^ ' .~ ~ Q ~~~ ~ . ~ o F ~„ ~ x,=~ ~.~~~ ,~ o Q N ~ ~ ~ ~ £ ~ ' .~. ~?? ~ y* fix. ~~ . # tD % ~, 4 st. ~i i W - C 7 (~ o w ~ ., ~ ~ ~ . ~' a'' Z w ~ ~ ~ r i J 7 ( a y , ,Qg. ~..M..n o m w ~ ,;,er,° ~CJr ~ il l /A`~' _ ~ r. S7 7 ~: ~ a sP ~ ~ M + Y- ~ . ~ s ~ -~ ~ {$ C _ V`~f tvm F {:' r p ~ .,y -rc.n' {{ 4 N m n ~ a ,~ a7 ~• ` a . 4 ~ ~Rc ~ Z ~- #. ' mm r . .., ,. < ~ s `~ ~~ s $~ w ~ ~ ~ ~ "~ IE f ~~«.~ o ~ ~ ` '^ a „o ~ c ~ ~ W W m o ~ ~ ~ x lb BRARGATE DR- ~ ~~ ~ u ~ ~~ . ' ~; '.N '~ ~1" ~ y a ~ ~ ~ ~ Ate ' ~ a. aA[ :~'~ ~. ?p . s"° . +~ t _ ~~ ~ ~ ~ ~ ~ ~ ~ ~ N GA' AXY ~L ~` "' t' ' _ ~ ~ as ~ ., _ ~ _,. ~ ' ~ a ~ ~ ,.. ;~, , ~ ,, ~ _ .w m ~ .r ~ „ ~ ~ r ~ N i k # "ww ~ (tas ~ m ' _ ,n.,~.r.:. T ...- .r,~ ~. , ~, ~.. ,... ,w ~ ., -,~-r. ~ ~ ~ ~' m m ~ `~ `~ ~ v ~ ~ ~ i ~ o _ ~ D r ~ I d ~ o ~ ~ I ,~ ~ ~ ~ ~ ~ -, 1 `'~ a A ~ a i `J m `~ ~I r ~ .+ s, :~ ~ DEED OF ABANDONMENT (Exempt: A.RS. § 11-1134 (A) (3)) The Tow1v of r/tARANA, an Arizona municipal .corporation, hereby abandons pursuant to A.RS. § 28-7205 and Town of Marana Resolution No. 2008-XXX in favor of [ADJACENT LANDOWNER'S NAME(S)] the following described real property situated in Pima County, Arizona. SEE LEGAL DESCRIPTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT A AND INCORPORATED HERE BY THIS REFERENCE RESERVING easements pursuant to A.RS. § 28-7210 for the following as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b) canals, laterals or ditches and appurtenances and (c) electric, telephone. and similar lines and appurtenances. FURTHER RESERVING an easement over the entire property abandoned by this instnunent for maintenance of the adjacent Thornydale Road noise wall.l FURTHERRESERVING aone-foot no-access easement along the western edge of the property abandoned by this instrument 2 FURTHER RESERVING, by deed reservation over the property abandoned by this instrument, a prohibition against attaching ~nything,esonlo or inro,,,~r piling up dirt or materials of any kind against, the Tllorn«~alc: Road noise wall; pl~vided however, that ~i~lls and fence n~~y be con- structed over the properly abandoned by~his instrument so as to abut up to (but nc~t be str~.eturally supported b}~) the Thorriyd<ale Road noise=hall. vAT~v € , "?~0 TOWN of MARANA, ARIZONA Gilbert Davidson, Town Manager The undersigned hereby accepts title to the property abandoned by this instrument sub- ject to the reservations set forth in this in- strument, and agrees, pursuant to A.RS. § 28-7215(B), to assume the costs of maintain- ing and the liability for the property aban- doned bythis instrument. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: [ADJACENT LANDOWNER'S NAME (S)] Frank Cassidy, Town Attorney {00011997.DOC /} - 1 - 12/2/2008 2:51 PM FJC STATE OF ARIZONA County of Pima ss. This instrument was acknowledged before me on 200_, by Gilbert Davidson, Town Manager, on behalf of the TowN OF MARAIVA. My Commission Expires: Notary Public STATE OF ARIZONA County of Pima ss. This instrument was acknowledged before me on , 200_, by [ADJACENT LAI~IDOWI~R'S NAME(S) and marital status or entitytype]. My Commission Expires: 1 Add for appropriate properties: "and for the flow of water and floodwater"] Notary Public z Add for the properties south of Horizon Hills Drive: ", effectively moving to the edge of the new Thornydale Road frontage the one-foot no-access easement created along the Thornydale Road frontage by Briargate Resubdivision, a subdivision recorded in _Book 31__of r7aps and Plats,._Page ?,,Puna Count Recorder's office." Add for the two lots between Horzon I-fills Dci~~e and Nrghtflower Sneer. ", effectively moving tv the cd~;e of the n~w'I'horn~;daJe Road frontage the ~mc-foot naaccess~ea~ement created along the 'l~f~ornydalc Pad frontage by Horizon Tills, a subdivision recorded in $nca~ 2~ of ~1a}~s and Plats, Page 28, Puna C:ount~-T~ccvrder's off ice:' {00011997.DOC /} - 2 - 12/2/2008 2:51 PM FJC