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Home My WebLink AboutResolution 2003-135 abandoning two portions of scenic drive right of way E. ~ RODRIGUEZ, RECORDER RECORDED BY: DEPUTY RECORDER 1134 SMA~A TOWN OF ~A ATTN: TO~ CLE~ ~A AZ 85653 DOCKET: 12173 ~AGE: 1655 UNO. OF ~AGES: ~/SEQ~ENCE: 20032160508 .~RES 16=45 AMOU1TT PAID MARANA RESOLUTION NO. 2003-135' 8.00 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ABANDONMENT OF TWO PORTIONS OF SCENIC DRIVE PUBLIC RIGHT-OF-WAY. WHEREAS, the Town has initiated the process for the abandonment of two portions of Scenic Drive as outlined in the Town's preadnexation and development agreements with LKB, L.L.C. All Creeds Brotherhood, Inc. and the Stardance Center, EL.C. as approved by Marana Mayer & Council on November 20, 2001 under Ordinance 2001-150; and WHEREAS, Scenic Drive is public right-of-way established by Pima County establishment proceeding number 255 and annexed into the Town of Marana under Ordinance 2001.22; and WHEREAS, the Mayor and Council have the authority pursuant to A.R.S. § 28-7201 etseq., to dispose of public roadways; and WHEREAS, it has been determined by the Mayor and Council that the portions of public right-of-way abandoned pursuant to this Resolution are no longer necessary to the Town upon satisfaction of the requirements of this Resolution; and WHEREAS, affected members of the public have received notice of the intended abandonment by posting of the roadway and publication. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma~:ana, Arizona, as follows: Section 1. The Town of Marana hereby abandons, subject to and effective upon the terms and conditions of this Resolution, the two portions of the Scenic Drive public right-of-way described as follows: The first portion begins just north of the Pima Farms Road right-of-way as established by Pima County proceeding number 305 and extends north a distance of approximately 1,324.81 feet, containing approximately 79,489.00 square feet, legally described in Exhibit A attached to and incorporated in this Resolution by this reference and referred to in this Resolution as the "Northern Portion." The second portion begins at the southwest corner of the southeast quarter of Section 29 and proceeds north a distance of approximately 1302,00 feet, containing approximately 78,165.00 square feet, legally described in Exhibit B attached to and incorporated in this Resolution by this reference and referred to in this Resolution as the "Southern Poddon." Section 2. This Resolution is subject to the following conditions: 1, In the deeds of abandonment, the Town shall reserve perpetual easements over 12 feet on either side of the Scenic Drive centerline for all existing and future public utilities and sanitary sewers and for the installation, construction and maintenance of the Marana Water facilities. 2. Before the Town closes and executes the deeds of abandonment for the Northern Portion, the Scenic Drive and Silverbell Road intersec, tinn improvements shall be built and completed to the Page 1 of 2 10/16/208310;10 AM 1 Marana, Arizona Resolution No. 2003-155 ~ satisfaction of the Town of Marana. 3. Before the Town executes the deeds of abandonment for either the Northern Portion or the Southern Portion, a cul-de-sac or emergency vehicle turn-around shall be built and completed to the satisfaction of the Tdwn of Marana at the ends of the portions of Scenic Drive that are not abandoned pursuant to this Resolution. 4. Prior to any modified use of any of the right-of-way abandoned by this Resolution, a surface survey of the right-of-way shall be completed to determine if any archaeological or historical resources will be affected by the modified use. 5. To prevent segmentation of Scenic Drive south of Pima Farms Road, the closure and transfer of ownership for the south portion of Scenic Ddve is conditioned upon Pima County approval of the abandonment of the section of Scenic Drive located within Pima County's jurisdiction. 6. Any future abandonment, relocation or modification of Southwest Gas Corporation facilities lying within the area to be abandoned shall be at the cost of the requestor; provided, however, that this paragraph shall not apply if the requestor is the Town of Marana. 7. The deeds of abandonment for the Southern Portion shall reserve a public pedestrian and equestrian easement and an ingress and egress easement for government or emergency vehicles, all property owners, property owner guests and invitee$ and persons lawfully conducting business on the 18nd. Section 3. As it applies to the Northern Portion, this Resolution shall be effective upon and the Mayor is authorized to execute deeds of abandonment in accordance with A.R.S. § 28-7205 after substantial completion of the improvements set forth in paragraphs 2 and 3 of Section 2 of this Resolution. Section 4. As it applies to the Southern Portion, this Resolution shall be effective upon and the Mayor is authorized to execute deeds of abandonment in accordance with A.R.S. § 28-7205 after Pima County has completed the abandonment described in paragraph 5 of Section 2 of this Resolution and after substantial completion of the improvements set forth in paragraphs 2 and 3 of Section 2 of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2¢' day of October, 2003.- ~ ~-- ~.~:~..,~_/2 ,/~~'~-, Mayor B'-C~BBY SU~q-ON, JR. ATTEST: APPRO\ _/B~ank C~ 'ED AS TO FORM: COy, town ~f Page 2 of 2 Marana, Arizona Resolution No. 2003-135 10/16/2003 10:10 AM EXHIBIT A SCENIC DRIVE, ESTABLISHMENT NO. 255 LEGAL DESCRIPTION FOR PUBLIC RIGHTS-OF-WAY ABANDONMENT PARCEL 1: A portion of the South half of the North half Section 29, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona described as follows: Commencing at the corner of Township 12 South, Range 12 East Section 28, 29, 32 and 33, thence west on the section line between section 29 and 32, to the quarter corner between section 29 and 32 to a point, thence west along the section line between section 29 and 32 a distance of 30_00 feet to a point, thence north along a line parallel to the centerline or line dividing section 29 into east and west halves a distance of 2,627.67 feet to the point of beginning, thence continuing north along a line parallel to the centedine or line dividing section 29 into east and west halves a distance of 1,324.81 feet to a point, thence east a distance of 60.00 feet to a point, thence south along a line parallel to the centerline or line dividing section 29 into east and west halves a distance of 1,324.81 feet to a point, thence west a distance of 30.00 feet to the point of beginning. Containing 79,488.60 square feet, more or less. EXHIBIT B SCENIC DRIVE, ESTABLIBHMENT NO, 255 LEGAL DESCRIPTION FOR PUBLIC RIGHTS-OF-WAY ABANDONMENT PARCEL 2: A portion of the South half of Section 29, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona described as follows: Commencing at the corner of Township 12 South, Range 12 East Section 28, 29, 32 and 33, thence west on the section line between section 29 and 32, to the quarter corner between section 29 and 32 to the point of beginning, thence west along the section line between section 29 and 32 a distance of 30.00 feet to a point, thence north along a line parallel to the centerline or line dividing section 29 into east and west halves a distance of 1,302.02 feet to a point, thence east a distance of 60.00 feet to a point, thence south along a line parallel to the centerline or line dividing section 29 into east and west halves a distance of 1,302.02 feet to a point, thence west a distance ef 30.00 feet to the point of beginning. Containing 78,165.00 square feet, more or less. i ! 6 8