HomeMy WebLinkAboutResolution 2009-078 vacating and abandoning any rights fo ingress and egress granted to the public
F. ANN RODRIGUEZ, RECORDER DOCKET: 13573
RECORDED BY: MRB PAGE: 676
DEPUTY RECORDER °F ~I~Lq
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TOWN OF MARANA 'SN~~~ RES 13:57
ATTN: TOWN CLERK `4RIZ01`ZQ'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA RESOLUTION N0.2009-78
RELATING TO REAL ESTATE; VACATING AND ABANDONING ANY RIGHTS OF
INGRESS AND EGRESS GRANTED TO THE PUBLIC BY THE EASEMENT RECORDED
IN DOCKET 7718, PAGE 333, PIMA COUNTY RECORDER'S OFFICE, INCLUDING ANY
PREVIOUSLY-RECORDED VERSIONS AND AS IT MAY HAVE BEEN AMENDED,
LOCATED WITHIN THE TOWN LIMITS OF THE TOWN OF MARANA; AND
DECLARING AN EMERGENCY
WHEREAS certain instruments recorded in the Pima County Recorder's office purport to
create and/or to acknowledge the existence of an easement (referred to in this resolution as the
"Disputed Easement") west of and in the western part of what is now the Saguaro Ranch
development; and
WHEREAS the Disputed Easement is particularly described in the roadway legal
description set forth in the instrument recorded in the Pima County Recorder's office at Docket
4769, Page 28, and in the instrument recorded in the Pima County Recorder's office at Docket
5700, Page 368, to the extent corrected and/or revised by the instrument recorded in the Pima
County Recorder's office at Docket 7718, Page 333, to the extent relocated and/or revised by the
instrument recorded in the Pima County Recorder's office at Docket 12269, Page 466; including
any separate rights that may exist as a result of the same roadway legal description (as so corrected
and/or revised over time) set forth in and/or referred to in the instruments recorded at the following
Dockets and Pages of the Pima County Recorder's office:
Docket 5843, Page 384
Docket 7729, Page 284
Docket 11280, Page 239
Docket 12710, Page 6938
WHEREAS some of the instruments relating to the Disputed Easement, including
without limitation the instrument recorded in the Pima County Recorder's office at Docket 5700,
Page 368, and the instrument recorded in the Pima County Recorder's office at Docket 7718,
Page 333, contain language that purports to grant certain public rights over the Disputed
Easement; and
WHEREAS this resolution addresses any rights of ingress and egress that may have been
granted to the public on or over those portions of the Disputed Easement located within the Town
limits of the Town of Marana, which rights, to the extent they legally exist, are referred to in this
resolution as the "Subject Public Ingress-Egress Easement Rights"; and
Marana Resolution 2009-78 - 1 -
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WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240(B)(3)(e) and 28-7205
to vacate and abandon unnecessary Town roadways; and
WHEREAS the Town of Marana is authorized by A.R.S. § 9-402(E) to convey to the
appropriate underlying property owner without receiving payment an easement that the Town no
longer needs; and
WHEREAS the Town Council held a public hearing on February 3, 2009, after giving
notice to all owners of property known or believed to have an interest in properties affected by
the Disputed Easement, and heard extended testimony regarding whether or not to vacate and
abandon the Subject Public Ingress-Egress Easement Rights; and
WHEREAS the Town Council takes no position one way or the other as to whether or not
the Subject Public Ingress-Egress Easement Rights legally exist; and
WHEREAS the Town Council finds that the Town of Marana has not asserted any rights
on behalf of the public, and does not intend to assert on behalf of the public any rights, over the
Disputed Easement; and
WHEREAS the Town Council finds that it is not feasible to use the Disputed Easement
as a public roadway, and the Subject Public Ingress-Egress Easement Rights have no market
value for the purposes of A.R.S. § 28-7215(B); and
WHEREAS the-Town Council finds that, in the event of the legal existence of the Subject
Public Ingress-Egress Easement Rights, it is necessary to reserve certain private rights of ingress
and egress to certain properties that may rely on the Disputed Easement as their only means of
access; and
WHEREAS the Town Council finds that disputes over the Subject Public Ingress-Egress
Easement Rights among property owners and members of the public have resulted in numerous
and repeated calls to the Marana Police Department; 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 Subject Public
Ingress-Egress Easement Rights, as defined in the recitals above, which exist, if at all, in the
Disputed Easement.
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SECTION 2. The Town Engineer is hereby authorized and directed to execute Quit Claim
Deeds of Abandonment, vacating and abandoning the Subject Public Ingress-Egress Easement
Rights, to the extent they exist, in favor of the respective underlying fee title owners of the
properties where the Subject Public Ingress-Egress Easement Rights are purported to exist.
Marana Resolution 2009-78 - 2 -
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SECTION 3. Each Quit Claim Deed of Abandonment executed by the Town Engineer
pursuant to Section 2 of this resolution shall include the reservation of a private easement for
ingress, egress, and utilities to properties that rely on the Subject Public Ingress-Egress Easement
Rights as their only legally established means of ingress, egress, or utilities, from the point of
existing access on or to the Disputed Easement southward and westward.
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 21st day of May, 2009.
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,~ Mayor d Ho ea
ATTEST: ~~O®~®~"'~
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~o~ Jocelyn C. Bronson, Town Clerk
APPRO
TO FORM:
Marana Resolution 2009-78 - 3 -