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Home My WebLink AboutResolution 2005-140 establsihing administrative process for the release of town easements MARANA RESOLUTION NO. 2005-140 RELATING TO REAL PROPERTY; ESTABLISHING AN ADMINISTRATIVE PROCESS FOR THE RELEASE OF TOWN EASEMENTS AND AUTHORIZING THE TOWN ENGINEER AND TOWN DIRECTOR OF PUBLIC WORKS TO EXECUTE RELEASE OF EASEMENT DOCUMENTS ON BEHALF OF THE TOWN IN APPROPRIATE CIRCUMSTANCES. WHEREAS, the Town receives requests from property owners from time to time, seeking the release of various easements held by the Town; and WHEREAS, A.R.S. S 9-402(E) authorizes the Town to convey easements the Town no longer needs to the appropriate property owner without receiving payment; and WHEREAS, Town staff has prepared a proposed administrative process for the release of easements, a copy of which is attached as Exhibit A to this resolution; and WHEREAS, the Town Council finds that creating an administrative process for the release of unneeded Town easements will simplify the process and is in the best interests of the Town and the public; and WHEREAS, the Town Council finds that authorizing the Town Engineer and the Town Director of Public Works to execute release of easement documents is in the best interests of the Town and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The administrative process for the release of Town easements as set forth on Exhibit A is hereby approved. SECTION 2. The Town Manager is hereby authorized to amend the release of easement process from time to time as may be necessary to protect the interests of the Town and the public. SECTION 3. The Town Engineer and the Town Director of Public Works are hereby authorized to execute release of easement documents when appropriate under the administrative release of easement process. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives ofthe aforementioned administrative release of easement process. {OOOO1421 . DOC I} 10/19/05 FJC/cds PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of November, 2005. ~~ .- Mayor Ed Honea ~\,,'n"f'/~ ~~\.OF~ ~ ~~~\'''''''''" ~ ~ ~O ~ ~~ ~ ::: ~ I CORPORATE\. ~ ~ _ =: C)CX) ~,- - - - - - i:SEALS - ~ ~ ~:::: ~ ~~ ";:: ~ A/J:'IIII"\\~ ~ ~ 'ilZ 1<l1'~ ~1111.n\\\~ {OOOO1421 . DOC I} Release of Easement Process The Release of Easement process can be initiated by a property owner, their designated representative or the Town of Marana in connection with a property improvement, typically a Subdivision Plat or Development Plan. The Town of Marana may release public easements for drainage, slope, sewer, utility and no access, etc. purposes. Private Easements cannot be released by the Town of Marana. The process listed below shall be followed to release a public easement: 1. The applicant shall complete a Release of Easement application form and shall provide the $655.00 non-refundable processing fee payable to the Town of Marana. Upon request, a receipt for payment will be provided to the applicant. The applicant must furnish any necessary legal descriptions, location maps, and title reports for the proposed easement interests to be released and/or granted, as required by the Town of Marana. If the original easement was dedicated by recorded subdivision plat, or by separate instrument as part of a Development Plan, a copy of the plat or plan shall accompany the completed application. The proposed Release of Easement and/or Grant of Easement shall be identified on the original plat or plan. 2. If the easement was dedicated by separate instrument, the applicant must fumish a copy of the recorded easement. 3. If the Town Engineer and/or the Director of Public Works determines that release of the easement will not adversely affect the Town's interests and is otherwise acceptable, the Town shall send a notice to each of the applicable utility companies, agencies and/or adjoining property owners determined to have any possible interest in the public easement. The notice will include a map, sketch or plat showing the easement and/or a copy of the original recorded easement, and the legal description and location map. Identifying the portion of easement to be released, if a Partial Release. The applicant is responsible for providing any required legal descriptions and/or location maps as determined by the Town. If no objections are received, a Release of Easement or Partial Release of Easement (see attached samples) shall be submitted to the Town Engineer and/or the Director of Public Works for review, approval and signature, followed by recordation at the Pima County Recorder's Office. 4. Once a copy of the recorded release is returned to the Engineering Division, the original is kept in the Town Clerks Office and a copy shall be provided to the applicant. {OOOO1422.DOC I} Town of Marana Development Services Center Engineering Division 11555 W. Civic Center Drive, Building A2 Marana, AZ. 85653 (520) 382-2600 fax (520) 382-2640 Release of Easement Process 5. If objections to the release or partial release are received, the objection must be settled between the applicant and the objecting agency or party. If no settlement is made, the release or partial release will typically be denied by the Town. Applicant: ~'i [\,j ;~:l rri t li,(:! He r'c::::~!:; 1'\](:\ '; ~::..-n~a!' Representative: ,'r-:"I!"..:j " Ti;::''C.'' i\/liodic' in:t:al \ T"OiF:pi ,:-;,:',(" ;",.-jC: j'-;:J,'< i',JC ( {o.r': ~~j:: : Applicant ( ) or Representative ( ) mailing address: c:::. ih/;::::)tdi-(~ ': /'_IU '-..",nCJ(~! Provide the following information pertaining to applicant's property and the proposed PUBLIC easement to be released. Owner/Grantee Name(s): Property Address: Tax Parcel No.: Subdivision or Development Name: (If applicable) Additional affected Tax Parcel No.(s): Recording or reference number for plat or plan (if applicable): Book: Page(s):_ Page(s):_ Recording information for easement to be release? DockeUBook: PLEASE PRINT AND COMPLETE THE ENTIRE APPLICATION {OOOO1422.DOC I} Town of Marana Development Services Center Engineering Division 11555 W. Civic Center Drive, Building A2 Marana, AZ 85653 (520) 382-2600 fax (520) 382-2640 Release of Easement Process Current use for applicant's property and subject easement area? Proposed use for applicant's property and subject easement area: Reasons for requesting public easement release? UTILITY COMPANIES CURRENTLY SERVING THE SUBJECT PROPERTY: ELECTRIC GAS WATER PHONE CABLE {OOOO1422.DOC I} Town of Marana Development Services Center Engineering Division 11555 W. Civic Center Drive, Building A2 Marana, AZ. 85653 (520) 382-2600 fax (520) 382-2640 Release of Easement Process The following information shall be submitted to the Town of Marana, Department of Public Works, Engineering Division along with the completed application prior to the Town processing this request: 1. A written request stating all the pertinent facts and circumstances, with reasoning for this release of public easement request. 2. Attach document evidencing grant of easement to the Town or Public (copy of the easement or recorded plat). If no documents are available, a title or litigation report, current to within 30 days, from a title company is required to be attached to this application. 3. A legal description and location map on 8 1/2" x 11" sheet identifying the proposed easement or partial easement to be released. The legal description shall be stamped and sealed by an Engineer or Professional Land Surveyor. If joint/multiple applicants, include legal description and map for each of the applicant's requested portion of the proposed release of easement. 4. Include documents verifying ownership of each property where the subject easement is located. (Title Report, Recorded Deed, etc.) 5. PLEASE NOTE THAT THE PROCESSING FEE OF $655.00 IS NON-REFUNDFABLE. Note: In addition to the processing fee, you may be required to compensate the Town for the value of the easement to be released including any appraisal costs, if applicable. DATE APPLICANT ( ) OR REPRESENTATIVE ( ) PLEASE PRINT AND COMPLETE THE ENTIRE APPLICATION {OOOO1422.DOC I} Town of Marana Development Services Center Engineering Division 11555 W. Civic Center Drive, Building A2 Marana, AZ 85653 (520) 382-2600 fax (520) 382-2640 PARTIAL RELEASE OF EASEMENT The Town of Marana, Arizona, an Arizona municipal corporation, hereby relinquishes all rights, title and interest in and to a portion of . The portion of the easement being released is more particularly described on the attached legal description Exhibit "A" and shown on the attached map Exhibit "A-1", being made a part hereof. Dated this day of ,20 . Approved by the Town Engineer [Director of Public Works] Town of Marana day of ,200 STATE OF ARIZONA ) County of Pima ) ss. This instrument was acknowledged before me on ,200_, by_ , Town Engineer [Director of Public Works], on behalf of the Town of Marana. My Commission Expires: (Seal) Notary Public Marana Mayor and Council Approval: Parcel No. Resolution No.: 2005-xx. Dated September 20,2005 Release of Easement Project No. RWAxxxx-xxx Exhibits A, A-1, B & B-1 {00001422.DOC !} Page 5 of 6 RELEASE OF EASEMENT The Town of Marana, an Arizona municipal corporation, hereby relinquishes all rights, title and interest in and to that certain Easement as set forth in the Map or Plat or Docket , and Page , in the office of the Pima County Recorder, Pima County Arizona and more particularly described on the attached legal description Exhibit "A" and shown on the attached map Exhibit "A-1", being made a part hereof. Dated this day of ,20 . Approved by the Town Engineer [Director of Public Works] Town of Marana day of ,200_ STATE OF ARIZONA ) County of Pima ) ss. This instrument was acknowledged before me on .200_. by_ , Town Engineer [Director of Public Works], on behalf of the Town of Marana. My Commission Expires: Notary Public Marana Mayor and Council Approval: Parcel No. Resolution No.: 2005-xx, Dated September 20, 2005 Release of Easement Project No. RWAxxxx-xxx Exhibits A, A-1, B & B-1 {00001422.DOC !} Page 2 of 6