HomeMy WebLinkAboutResolution 2009-007 vacating portions of continental links drive and norway spruce road public right-of-wayMARANA RESOLUTION N0.2009-07
RELATING TO REAL ESTATE; VACATING PORTIONS OF CONTINENTAL LINKS
DRIVE AND NORWAY SPRUCE ROAD PUBLIC RIGHT-OF-WAY; AND
CONDITIONALLY AUTHORIZING THE TOWN ENGINEER TO EXECUTE A DEED OF
ABANDONMENT
WHEREAS the Town of Marana is authorized under certain circumstances by A.R.S.
§ 28-7206 to vacate and abandon in favor of a Homeowners Association roadways located within
a planned development; and
WHEREAS the portions of Continental Links Drive and Norway Spruce Road located
within the Pines Phase I and Phase II are more appropriately a part of the private roadway system
serving the Pines Phase II Subdivision; and
WHEREAS the Town Council finds that vacating these rights-of--way meet the conditions
set forth in A.R.S. § 28-7206; and
WHEREAS the Town Council of the Town of Marana determines that the small sections
of the public rights-of--way vacated by this resolution have no public use and no market value,
and the entity taking the rights-of--way agree to assume the costs of maintaining the roadway and
the liability for the roadway; 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 the Continental Links
Drive and Norway Spruce Road public rights-of--way described on Exhibits A, B and C and
depicted on Exhibits A-1, B-1 and C-l, all of which are attached to and incorporated in this
resolution by this reference.
SECTION 2. The Town Engineer is hereby authorized to execute the Deed of
Abandonment in substantially the form attached as Exhibit D to this resolution, after and
conditioned upon the Homeowners Association executing the acceptance block on the Deed of
Abandonment, evidencing its acceptance of reservations in the Deed of Abandonment and its
assumption of the costs of maintaining, and the liability for, the abandoned area.
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SECTION 3. 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.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20a' day of January, 2009.
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Mayor Ed Honea
ATTEST:
ocelyn C. ronson, Town Clerk
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APPROVF~ AS TO FORM:
ANN RODRIGUEZ, RECORDER
F DOCKET: 13490
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RECORDED BY: C_V
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NO 39
9
DEPUTY RECORDER
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SEQUENCE: 20090250011
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SMARA ~`l' \ ~ ~'`~ DEED 08:53
TOWN OF MARANA `
ATTN : TOWN CLERK 'gR
IZO~Q`
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 10.00
DEED OF ABANDONMENT
(Exempt: A.R.S. § 11-1134 (A) (3))
The TOWN OF MARANA, an Arizona municipal corporation, hereby abandons pursuant to A.R.S.
§ 28-7206 and Town of Marana Resolution No. 2009-~ in favor of THE PINES, PHASE II
HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, the following described real
property situated in Pima County, Arizona.
SEE LEGAL DESCRIPTIONS AND DEPICTIONS ATTACHED TO THIS INSTRUMENT
AS EXHIBITS A, A1, B, 61, C, AND C1 AND INCORPORATED HERE BY THIS
REFERENCE
RESERVING an easement pursuant to A.R.S. § 28-7210 for the following, if any, 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, pursuant to A.R.S. § 28-7215 (A), rights of ingress and egress for public
or emergency vehicles, all property owners, property owner guests and invitees and persons
lawfully conducting business on the land over any portion of the abandoned property if and to
the extent any land adjoining the abandoned roadway is left without a public or private legal
access connecting the land with an established public roadway.
DATED January ~, 2009.
TOWN OF MARANA, ARIZONA
The undersigned hereby. accepts title to the
property abandoned by this instrument
subject to the reservations set forth in this
instrument, and agrees, pursuant to A.R.S.
§ 28-7215(B), to assume the costs of
maintaining and the liability for the
roadways abandoned by this instrument.
THE PINES, PHASE II HOMEOWNERS
ASSOCIATION, an Arizona non-profit
corporation
By~
Its: ~~S~c~
eith Brann, Town Engineer
ATTEST:
ocelyn C. ronson, Town Clerk
TO FORM:
nk Ca~fdy, Town
{00012593.DOC /} 1!12/2009 11:45 AM FJC/kc
STATE OF ARIZONA
County of Pima ) ss.
This instrument was acknowledged before me on January ~Q_, 2009, by Keith Brann, Town
Engineer, on behalf of the Town of Marana. ~ ~1
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commission expires: Official seal--
NOTARY PUBLIC
STATE OF ARIZONA
County of Pima
Notary Pbdlic
STATE OF ARIZONA VIVIA A RUIZ .
) SS. M Commission Expires April 24, 2011
County of Pima )
The foregoing instrument was acknowledged before me on January z ~ , 2009, by
~.~/Z2-Y x'RE~S as ~~ ~~~~ of, THE PINES,
PHASE II HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, on behalf of the
corporation.
My commission expires:
;FFIGIAL SEAL
r~, T. WILLIAMS
~~ , ~~ Nofary Public -Arizona
~ ~ PIMA COUNTY
~*~ },,1v Comm Ex 06/04/2009
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Notary Public
{00012593.DOC /} 1/12/2009 11:45 AM FJC/kc
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January 19, 2007
PSOMAS # U5082-01 E~ k~ ! I T A
LEGAL DESCRIPTION
PUBLIC RIGHT-OF WAY
A portion of Common Area B of The Pines, Phase I, recorded in Book 69 of Maps and
Plats at Page 48, records of Pima County, Arizona, described as follows:
COMMENCING at the most northerly comer of said Pinee, Phase I;
THENCE upon the northeasterly line of said Pines, Phase t and Common Area B,
S 43°1T56" E a distance of 30.93 feet to the POINT OF BEGINNING;
THENCE canfiinutng upon said northeasterly line, S 43°1T56" E a distance of
205.58 feet;
THENCE upon the northwesterly line of Continental !.inks Dr+ve of said Pines, Phase I,
S 58°0T44" W a distance of 57.47 feet to a point on the arc of a nota-tangent curve
concave southwesterly, a radial line of.said curve~through said point having a bearing
of N 58°0T44" E;
THENCE northwesterly upon the arc of said curve, to the left, having a radius of
370.D0 feet and a central angle of 7°4T03" for an arc length of 5D.27 feet to a point of
- reverse cunra#ure of a tangerrt curve concave northeasterly;
THENCE northwesterly, upon the arc of satd'curve, to the right, having a radius of
280.00 feet and a central angle of 11 °35`44" for an arc length of 56.67 feet to a point of
reverse curvature of a tangent curve concave southwesterly;
tHENCE northwesterly upon the arc of said curve, to the Left, having a radius of
40:00 feet and a ~oentral angle of 33°33'26" for an arc length of 23.43 feet to a point of
~~ reverse curvature of a tangent curve concave easterly;
THENCE northwesterly and northerly upon the arc of said curve, to the. right, having a
radius of 50.00 feet and a central angle of 97°34'34" for an arc length 6f 85.15 feet to a
point of reverse curvature of a tangent curve concave northwesterly;
. THENCE northeasterly upon the arc of said curve, to the left, having a radius of
40.00 feet and a central angle of 4°18'51" far an arc length of 3A1 feet to the
POINT OF BEGINNING. - ~ ~~~.~ ~ ~
See attached EXH11~1 T A-1 27TSS
ERNEST .
Prepared by: '~~ . ~ .
PSOMAS --
Ernest Gomez AZ. R.L_S. 27739 ~ .
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MOST NORTHERLY
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THE PINES, PHASE 1
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EXHIBIT A-1 ~'~~
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3 PUBLIC RIGHT--OF---WAY j~~
a M A S A P
onion of Common Area B of The Pines,- ~~~
800 E. YYettnon Rood. Suite tt0 ;;fib
,,, ,~ 85n9 Phase I, recorded in Book fit of Maps and Plats
(s2o) say-a.3oo (two) ~¢-~29o rax
,~.~,e~.~, at Page 48, records of Pima County, Arizo.~a
° 05082-01 ~ DATE: Jan. 07 • DRAWN BY: mrf
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LEGAL DESCRtPT[ON
RELEASE OF PUBLIC R1GHT-OF--WAY TO PRIVATE STREET
A portion of Continental Links Drive as recorded in The Pines Phase Il, Book 62 of
Maps.and Plats at Page 85, records of Pima County, Arizona, described as follows:
COMMENCING at the mos# norti~erfy corner of The Pines Phase I, recorded in
Book 61 of Maps and Plats at Page 48, records of said Pima County;
THENCE upon the northeasterly line of said Pines Phase I, S 43°17'56" E a
distance of 30.92 feet to the POINT OF BEGINNING;
THENCE continuing upon said northeasterly line, S 43°17'56" E a distance of
219.66 f~ to a point of cusp with a curve concave northeasterly, a radial line of
said curve through said point having a bearing of S 55°59'29" W;
THENCE northwesterly upon the arc of said curve, to the right, having a radius of
. 370.00 fleet and a central angle of 2°08'15" far an arc length of 13.80 feet fio a point
of rev®rse curvature of a tangen# curve concave southwesterly;
THENCE northwesterly upan the arc of said curve, to the left, having a radius of
430.00 feet and a central angle of 7°47'03" fnr an arc length of 58.42 feet #o a point
of reverse curvature of a tangent curve concave northeasterly,
THENCE northwesterly upon the arc of Bald curve, to the right, having a radius of
220.00 feet and a central angle of 7°44'58" for an arc length of 29.76 feet to a point
of a cx~mpound curvature of a tangerrt curve concave easterly,
THENCE northerly upon the are of said curve, to the right, having a radius of 40.00
feet and a central angle of 47°14'01" for an arc length of 32.98 feet to a point of
reverse curvature of a tangent curve concave westerly,
THENCE northwesteHy upon the arc of said curve, to the left, having a radius of
50.00 feel and a central angle of 69°33'18" for an arc length of 80.70 feel to a point
of reverse curvature concave.northeasterly,
THENCE northwesterly upon the arc of said curve, to the right, having a radius of
40.00 feet and a central angle of 54°17'28" for an arc length of 37.90 feet to a non-
tangent line;
THENCE N 89°33'56" W a distance of 46.00 feet to a point on an arc of a nan-
tangenf curve concave easterly, a radial line of said curve•through said point
having a bearing of N 89°33'56" W;
~~p FILE COPY
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April 18, 2008
Psomas # 05082-01
TH>=NCE southerly upon the arc of said curve, to the left, having a radius of 273.00
feet and a central angle of 3°49'19" for an arc Isngift of 18.21 feet fo a point of
reverse curvature of a tangent curve concave westerly;
Tt~ENCE southerly upon the arc of said curve, to the right,. having a radius of 40.00
feet and a central angle o€ 35°01'58" for an arc length of 24.46 feet to the PC?INT
OF BfGiNNING.
~~H1~T ~-1 a#tached hereto and made a part hereof.
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R.O.C. - THE PINES, PHASE II
MOST NpRTHERLY RAN ~`' COMMON AREA 'C' -PRIVATE STREET
CORNER OF THE PatNT ~. BK. 62 M&P PG. $5
RiNES, PHASE= 1 COMPaUNO
CURYATWRE~
(KAUTAL) CURVE RADIU$ ARC tFNG1H TA ANGLE
N 89'33'5.6." W L=0.32 .c1 370.00 1360 0 'rs"
C2 430.00 58,42 OT4
v C3 220.00 29.76 07'4458
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C4 40.00 32.98 47'14'01
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~ 50.00 60.70 69.18
~' C6 40.00 37.90 .54'.1- "
7 273.00' 15.21 03' 19
C8 40.00 24.46 35 58
P.O.B.
LINE BEARING ~~ DISTANCE
L1 S 43'17 56 '.E 3.0.92
BLOCK ~ 1
MARANA GOLF
CONTINENTAL RANCH
BK. 58, M&P PG. 75
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C,ON7INENTA~L LINKS 0
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L~E~L~~q,SE OF PUBLIC RIGHT---OF-WAY
A S A portion of Continental links drive as recorded in
~. ~ ~ ~, ~a .,o ~ The Pines Phase ll, Book 62 of Maps and Plats at
<~o) 2o2-2soo <5w~ ~_,~o ~x Page 85, records of Pima County, Arizona
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05082-Ot DATE: April. 08 ~ DRAWN BY: mrf
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April 28, 2008
Psomas # 05082-01
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LEGAL DESCRIPTION
RELEASE OF PUBL[G RIGHT-OF--WAY TO PRNATE STREET
All that portion of Norway Spruce Road dedicated as Public Right-of-way of The
Pines Phase N, recorcfed in Book 62 of Maps and Plats at Page 85, records of Pima
County, Arizona, described as foflows:
COMMENCING at the northeast corner of said The Pines Phase II, lying at the
northeasterly~end of said Norway Spruce Road;
THENCE upon the northeast line of said The Pines Phase fl;
THENCE S 41°36'16" E a distance of 0.88 feet to the POINT OF BEGINNING;
THENCE continuing upon said northeast line, S 41°36'16" E a distance of 148,27
feet to a point of cusp with a curve concave southerly, a radial line of said curve
through said point having a bearing of N 48°23'44" E;
THENCE westerly upon the arc of said curve, to the left, having a radius of 25.40 feet
and a central angle of 109°25'42" for an arc length of 47.75 feet to a point of
tangency;
THENCE S 28°58'05" W a distance of 41.01 feet;
THENCE N 61°01'58" W a distance of 51.59 feet to a point of curvature ofi a tangent
curve concave easterly;
THENCE northerly upon the arc of said curare, to the right, having a radius of 50.00
feet and a central angle of 122°31'45" for an arc length of 106.93 feet to a point of
reverse curvature of a tangent curve concave westerly;
THENCE northerly upon the arc of saki curve, to the left, having a radius of 25.00
fr3et and ~a •centrai angle of 103°063" fAr an arc length of 44.99 feet to the POINT
OF BEGINNING.
E181T 1y~1 ;attached hereto and made a part hereof.
Prepared by:
Psomas
Emest Gomez, AZ. R.L.S. 27739
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LINE BEARING DISTANCE
L1 ~ S 41'36'16 E 0.88'
CURVE '~RAfl1US ARC LENGTH DELTA ANGLE
C 1 .25:00' 47.75 109'25'39"
C2 25.00' 44.99' 103'06'03"
C3 50.00' ~ 106.93' 122'3145"
P.O.C.
NE CORNER
THE PINES PH fl
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a R~LEAS~ OF PUBLIC RIGHT--OF-SAY
ALL THAT PORTfON OF NORWAY SPRUCE ROAD
P S Cy M A S DEDICATED AS PUBLIC RIGHT--OF--WAY OF THE PINES
soo ~. ntatmo.. aoaa, smfe »o PHASE II, RECORDED IN BOOK 62 OF MAPS AND PLATS
' ~ ~'"9 AT PAGE 85, RECORDS OF PIMA COUNTY, ARIZONA
(520) 292-2J00 (520) 282-1290 fox.
warerpaomas~~om
05082-d1 DATE: April 08 • DRAWN $Y: mrf