HomeMy WebLinkAboutResolution 2009-108 quit claim deeds relating to camino de manana/dove mountain extensionMARANA RESOLUTION N0.2009-108
RELATING TO REAL ESTATE; CONDITIONALLY VACATING AND AUTHORIZING
THE TOWN ENGINEER TO EXECUTE QUIT CLAIM DEEDS OF ABANDONMENT
AFTER THE COMPLETION OF THE CAM1N0 DE MANANA/DOVE MOUNTAIN
EXTENSION PROJECT NO. 2001-052 FOR A PORTION OF CAMINO DE MANANA
PUBLIC RIGHT-OF-WAY THAT WILL NO LONGER BE NEEDED BY THE TOWN
WHEREAS the Town of Marana's Camino de Maiiana/Dove Mountain Extension Project
is scheduled to begin construction in 2009; and
WHEREAS the completion of this project will result in a partial realignment of the
existing Camino de Mariana right-of--way; and
WHEREAS certain sections of the current Camino de Mariana alignment will no longer
be needed by the Town; and
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 Council finds that once the realignment has been completed the
portion of roadway that divides the parcels identified as 216-26-0020 and 216-26-003A by the
Pima County Assessor's Office will have no public use and no market value for the purposes of
A.R.S. § 28-7215(B); and
WHEREAS the owners of these parcels have entered into agreements with the Town to
provide right-of--way necessary for the completion of the Camino de Maiiana/Dove Mountain
Extension Project; and
WHEREAS the Town Council finds that it is necessary to reserve the rights to utility
easements which are located in the right-of--way to be vacated pursuant to this resolution; 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 Camino
de Marana public right-of--way as established by right-of--way proceeding number 220 in Book 2
of Roads at Page 3 in the office of the Pima County Recorder that currently divides the properties
identified by Pima County Assessor's parcel numbers 216-26-0020 and 216-26-003A and
depicted on Exhibit A to this resolution, to be effective upon completion of the Camino de
Manana/Dove Mountain Extension Project, subject to and conditioned upon each individual
property owner executing the acceptance block on the Quit Claim Deed of Abandonment in
Marana Resolution 2009-108 00015107.DOC
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substantially the form attached as Exhibit B to this resolution, evidencing their acceptance of the
reservations in the Quit Claim Deed of Abandonment and their assumption of the costs of
maintaining, and the liability for, the abandoned area.
SECTION 2. Upon completion of the Project the Town Engineer is hereby authorized to
execute the Quit Claim 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 Quit Claim Deed of Abandonment, as described in Section 1 of this
resolution and in accordance with the provisions of A.R.S. § 28-7205.
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 21St day of July, 2009.
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Mayor Ed onea
ATTEST:
~oR Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Fr nk Cas 'dy, `T'own Attoyr
Marana Resolution 2009-108 00015107.DOC
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QUIT CLAIM 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.
§ 28-7205 and Town of Marana Resolution No. 2009- in favor of ,
the following described real property situated in Pima County, Arizona.
THE (EASTERN OR WESTERN) '/2 OF THE RIGHT OF WAY ESTABLISHED BY
RIGHT OF WAY PROCEEDING NUMBER 220 IN BOOK 2 OF ROADS AT PAGE 3 IN
THE OFFICE OF THE PIMA COUNTY RECORDER AS IS CURRENTLY ADJACENT
TO THE (NORTHWEST OR SOUTHEAST) BOUNDARY OF THE PARCEL IDENTIFIED
BY PIMA COUNTY ASSESSOR'S PARCEL NUMBER (216-26-0020 OR 216-26-003A)
AND DEPICTED AS EXHIBIT A ATTACHED TO THIS INSTRUMENT 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.
DATED July _, 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 Keith Brann, Town Engineer
instrument, and agrees, pursuant to A.R.S.
§ 28-7215(B), to assume the costs of ATTEST:
maintaining and the liability for the
roadways abandoned by this instrument.
By:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
ItS:
Frank Cassidy, Town Attorney
{00015704.DOC /} EXHIBIT B
STATE OF ARIZONA
County of Pima ~ ss.
This instrument was acknowledged before me on January , 2009, by Keith Brann, Town
Engineer, on behalf of the Town of Marana.
My commission expires:
STATE OF ARIZONA
Notary Public
County of Pima ~ ss.
The foregoing instrument was acknowledged before me on January
as
on behalf of the corporation.
My commission expires:
Notary Public
2009, by
of,
(00015704.DOC /} EXHIBIT B