HomeMy WebLinkAbout11/01/2005 Blue Sheet Procedure for Release of Town Easements
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: November 1,2005
AGENDA ITEM: J.3
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: 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.
DISCUSSION
The Town routinely receives requests for the release of Town-held easements. A.R.S. ~ 9-402(E)
authorizes the Town to convey an easement it no longer needs to the property owner without re-
ceiving payment and without completing any particular statutorily prescribed process. In the
past, requests to release easements have been handled either through the subdivision platting
process, the development plan process, or by other direct approval of the Town Council.
This item proposes to establish an administrative release of easement process, and proposes to
authorize the Town Engineer and the Town Director of Public Works to act on the Town's behalf
to execute release of easement documents in appropriate circumstances.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2005-140, establishing the release of easement
process and authorizing the Town Engineer and the Town Director of Public Works to execute
release of easement documents on behalf of the Town.
A TT ACHMENT(S)
Proposed Release of Easement Process.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-140.
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FJC/cds 10/19/05
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 ofthe 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 of the aforementioned administrative release of easement process.
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FJClcds 10/19/05
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of November, 2005.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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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 furnish 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:
Representative:
Applicant ( ) or Representative ( ) mailing address:
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? DockeVBook:
PLEASE PRINT AND COMPLETE THE ENTIRE APPLICATION
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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
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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.
APPLICANT ( ) OR REPRESENTATIVE ( )
DATE
PLEASE PRINT AND COMPLETE THE ENTIRE APPLICATION
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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:
Notary Public
Marana Mayor and Council Approval:
Parcel No
Resolution No.: 2005-xx, Dated September 20. 2005
Reloase of Easement Project No. RWAxxxx-xxx
Exhibits A, A-1, 8 & 8-1
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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
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