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Home My WebLink About08/16/2005 Blue Sheet Easement on Lot 7 of Continental Ranch Business Park TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: August 16,2005 AGENDA ITEM: 1.3 TO: MAYOR AND COUNCIL FROM: H. Thomas Gill, Jr., Director of Public Works SUBJECT: Resolution No. 2005-108: Relating Public Works, approving and authorizing the abandonment of the 30-foot clear zone and implied slope Easement on Lot 7 of Continental Ranch Business Park. DISCUSSION The WLB Group, Inc., on behalf of Mickey Eigen, owner of A.P. Shoppes, has requested that the Town abandon the 30-foot clear zone and implied slope portion of a perpetual, nonexclusive easement granted to Pima County in 1987. Staff has determined the clear zone and slope portions of the easement are no longer necessary. Upon completion of the Town's Cortaro Road Project No. 99-3401, clear zone and the cut/fill slopes were contained within the existing public rights-of-way. Therefore, the portions of the clear zone and implied slope easement across Lot 7 of Continental Ranch Business Park as shown on the attachments are no longer needed for public purposes. If Council determines to abandon the above-referenced 30-foot clear zone and implied slope easement, staff recommends retaining the remaining rights for construction and maintenance of drainage, access, and utilities. A TT ACHMENTS Release of Easement; Exhibit A, legal description; Exhibit A-I, map, Exhibit B and Exhibit B-1. RECOMMENDATION WITH CONDITIONS Staff recommends the Council abandon the 30-foot clear zone and implied slope portions of the easement on Lot 7 of Continental Ranch Business Park, recorded with Pima County Assessor's office in Docket 8097, Page 1950-1970, legally described in Exhibits "A", "A-I", "B", and "B- 1" subject to the noted exception for construction and maintenance of drainage, access, and utilities. SUGGESTED MOTION I move to adopt Resolution No. 2005-108. CR Business Park Lot 7 Release of Easement (2OOS-XX) MARANA RESOLUTION NO. 2005-108 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE ABANDONMENT OF THE 30-FOOT CLEAR ZONE AND IMPLIED SLOPE EASEMENT ON LOT 7 OF CONTINENTAL RANCH BUSINESS PARK. WHEREAS, a perpetual, nonexclusive easement was granted to Pima County for the construction and maintenance of drainage, access, utility and clear zone over a portion of land within the Continental Ranch Business Park as recorded with the Pima County Recorder's office in Docket 8097 at Page 1950-1970; and WHEREAS, this easement contains a condition stating the Grantor agrees that the natural or existing contours of the above land shall not be excavated, filled, or altered without prior written approval which shall remain; and WHEREAS, the Town Council desires to abandon the 30-foot clear zone and implied Slope portions of the easement as exists on Lot 7 of Continental Ranch Business Park legally described on the attached Exhibits "A" and "B" and shown on Exhibits "A-I" and "B-1"; and WHEREAS, the Town of Marana has completed construction of Cortaro Road, Silverbell Road to 1-10, Project No. 99-3401 and the clear zone and cut/fill slopes adjacent to Continental Ranch Business Park Lot 7 have been contained within the existing public rights-of-way; and WHEREAS, the Mayor and Council has determined that the clear zone and implied slope portions of the easement are no longer necessary for public purposes. 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 abandons the 30-foot clear zone and implied slope portions of the easement more particularly described in Exhibits A, AI, B, and Bl attached to and incorporated into this resolution by this reference, with the release of rights occurring upon the Town Manager's execution of Release of Easement pursuant to Section 2 of this Resolution subject to the noted exception for construction and maintenance of drainage, access, and utilities. Section 2. The Town Manager is hereby authorized to execute the Release of Easement to the property owner in accordance with A.R.S. S 9-402 (E). Marana Resolution No. 2005-108 CR Business Park 7 Easement Abandonment Page lof2 FJC:MF 8/11/2005 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of August, 2005. Mayor Ed Honea APPROVED AS TO FORM: ATTEST: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2005-108 CR Business Park 7 Easement Abandonment Page 2 of2 FJC:MF 8/11/2005 Exhibit "A" T>>-13 ~ouP 10C November 3, 2004 WLB No. 186031-A-C1-003x W:\LEGALS\ 186031 \SHOPPES\Release-Slope-easem.doc LEGAL DESCRIPTION CONTINENTAL RANCH BUSINESS PARK RELEASE OF CLEAR ZONE GRANT All of that portion of a certain easement granted as "Clear Zone" in the document recorded on June 18, 1987 in Docket 8097, Page 1950, lying within Lot 7 of Continental Ranch Business Park, Lots 1 through 8 and Blocks A and 8. recorded in Book 49 of Maps and Plats, Page 37, lying within the South Hatf (S 1/2) of Section 26, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo Page 1 of 1 Exhibit IA-1" I I I 541'35'50"E 208.00 c . ('I '('1 ('I t") \0 r-: '0 ..... .... r-- 01 ~ '-\0 ... 'i? 'i? \I ..J 0:: <3 ~ ~ ~ <:::;) ~ ~ ~ ~ UJ . ~ ~ CLEAR ZONE/SLOPE CXl . EASEMtNr i ~ DKT.B097 PG.1950 z LOT 7 BOOK 49 N&P, PACE 37 k g .... 247.18' 541'36'13"E \ \ EX1lIBIT TO ACCOMPANY DESCRIPTION OF RELEASE OF CLEAR ZONE AND SLOPE EASEJ/EMT "'11'H11'1 THE SHOPPES SECTION 26, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA1 The WLB 1~1"=60' WLB Grou~ WLBD prolse! No. 186031-AC01-1003X ' ~ 11-03-2d04 N:\ 186031\LOT5-7-SHOPS\EXBT-LOTS-7.ABAND-SLOPLDWG ~ !! Exhibit "B" T~13 ~OUP Inc. November 3, 2004 WLB No. 186031MAMC1-003x W:\LEGALS\186031 \SHOPPES\Releas~Slope-easem.doc LEGAL DESCRIPTION CONTINENTAL RANCH BUSINESS PARK RELEASE OF IMPLIED SLOPE GRANT All of that portion of a certain easement use implied but not granted as "Slopesft in the document recorded on June 18, 1987 in Docket 8097, Page 1950, lying within Lot 7 of Continental Ranch Business Park, Lots 1 through 8 and Blocks A and B, recorded in Book 49 of Maps and Plats, Page 37, lying within the South Half (S 1/2) of Section 26, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. Prepared by: THE WLB GROUP, INC. Jack A. Buchanan, RLS JAB: mo Page 1 of 1 "l;,..' ,.~ Exhibit "B-1" S41'35'50"E 208.00 W 1 ~ ;1; CLEAR ZONE/SLOPE co . EAsEMtNr ~ ~ DKT.8097 PG.1950 z LOT 7 BOOK 49 Ntkp, PAGE 37 i-) ,... g ... 247.18' S41'36'13"E \ \ \ \ I " "('1 "c-l C'l tt> cO 1"": "0 .~ ~ ....0) .. Ii 10 ~1~ \ \ ~ ~ ~ C) ~ ~ ~ ~ EXHIBIT TO ACCOMPANY DESCRIPTION OF RELEASE OF CLEAR ZONE AND SLOPE EASEMEMT "111llN THE SHOPPES SECTION 26, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA The WLB WLB Grou~ ... WlB# protect No. 186031-AC01-1003X 11-03-2d04 N:\ 186031\lOTS-7-SHOPS\EXBT-lOTS-7.ABAND-SlOPE.DWG 1"=60' ~