HomeMy WebLinkAbout08/16/2005 Blue Sheet Abandonment of a Portion of Tangerine Farms Road
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARAN A
MEETING DATE: August 16,2005
AGENDA ITEM:
1.4
TO: MAYOR AND COUNCIL
FROM: H. Thomas Gill, Jr., Director of Public Works
SUBJECT: Resolution No. 2005-109: Relating to Public Works; approving
and authorizing the abandonment of a portion of Tangerine
Farms Road between Tangerine Lane and Union Pacific Railroad.
DISCUSSION
Staff has initiated the abandonment of a portion Tangerine Farms Road between Tangerine Lane
and the Union Pacific Railroad rights-of-way. Established by Pima County as Tangerine Road
under Proceeding No. 921 on September 18, 1956, the portion to be abandoned is described and
more fully depicted in the attached exhibits.
The portion of the roadway requested for abandonment has been determined to be unnecessary
for public rights-of-way purposes because the Town has no plans for public improvements at this
location. However, to meet future traffic engineering requirements, the parcels on the north side
of the rights-of-way proposed for abandonment may need to access the remaining portion of
Tangerine Lane as their primary access to Tangerine Road.
If Council approves the abandonment described above, staff recommends the following
conditions upon the abandonment as requested by Qwest Communications, Trico Electric
Cooperative and Cortaro Marana Irrigation District:
. Reservation (perpetual easement) for all existing public utilities/sewers within the
abandonment area;
. Reservation of an ingress and egress easement for public or emergency vehicles, all
property owners, property owner guests and invitees and persons lawfully conducting
business on the land.
. The Arizona State Museum requests a surface survey prior to any modified use of the
rights-of-way to determine if any archaeological or historical resources will be
affected by the abandonment.
If Council approves the abandonment, Deeds of Abandonment shall be recorded with the Pima
County Recorder granting ownership to the adjacent property owners.
Tangerine Farms abandonment 200S-XX
ATTACHMENTS
Deed of Abandonment from the Town of Marana to LPE I LLC (Exhibit D and D I). and Deed of
Abandonment from the Town of Marana to Lester J. and Eloise G. Hayt, husband and wife;
Eugene C. Harper, Trustee of the Harper Revocable Trust dated September 5, 1978; Lester J.
Hayt, Jr. and Susanne Hayt, husband and wife; Nancy J. Lewis, wife of Ted Lewis, as her sole
and separate property, who acquired title as Nancy J. Hayt; and Lester J. Hayt, Sr., as Trustee of
the Michelle E. Butts Trust (Exhibits A-C and AI-CI).
RECOMMENDATION
Staff recommends the abandonment of a portion of the Tangerine Farms Road right-of-way,
legally described above.
SUGGESTED MOTION
I move to approve Resolution 2005-109.
-2-
MARANA RESOLUTION NO. 2005-109
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE
ABANDONMENT OF A PORTION OF TANGERINE FARMS ROAD BETWEEN
TANGERINE LANE AND THE UNION PACIFIC RAILROAD RIGHT-OF-WAY.
WHEREAS, the Town Council desires to abandon a portion Tangerine Farms Road,
previously the Tangerine Road alignment, between Tangerine Lane and the Union Pacific
Railroad right-of-way; and
WHEREAS, the Mayor and Council has determined that a portion of the Tangerine
Farms Road is no longer necessary for public rights-of-way purposes and the land is of no
monetary value due to its location.
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 that portion of Tangerine Farms Road
between Tangerine Lane and the Union Pacific Railroad rights-of-way which is particularly
described in Exhibits A, AI, B, Bl, C, Cl, D, and Dl attached to and incorporated into this
Resolution by this reference, subject to and upon satisfaction of the conditions set forth in
Section 2 of this Resolution, with transfer of title occurring upon the Town Manager's execution
of Deeds of Abandonment pursuant to Section 3 of this Resolution.
Section 2. This Resolution is subject to the following conditions:
1. Reservation (perpetual easement) for all existing public utilities/sewers within the
abandonment area.
2. Reservation of an ingress and egress easement for public or emergency vehicles, all
property owners, property owner guests and invitees and persons lawfully conducting
business on the land.
3. A surface survey shall be completed prior to any modification of the abandoned lands to
determine if any archaeological or historical resources will be affected by modifications
or change of use.
Section 2. The Town Manager is hereby authorized to execute the Deeds of
Abandonment to the adjacent property owners in accordance with A.R.S. ~ 28-7205.
Marana Resolution No. 2005-109, Tangerine Farms Abandonment
Page 1 of2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 16th day of August, 2005.
Mayor ED HONEA
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
Resolution 2005-xx (Tangerine Farms Abandonment)
Page 2 of2
DEED OF ABANDONMENT
The Town of Marana, an Arizona municipal corporation, hereby abandons pursuant to AR.S.
~ 28-7205 and Town of Marana Resolution No. 2005-109 in favor of LESTER J. AND ELOISE G.
HAYT, husband and wife; EUGENE C. HARPER, Trustee of the Harper Revocable Trust dated
September 5, 1978; LESTER J. HAYT, JR. AND SUSANNE HAYT, husband and wife; NANCY J.
LEWIS, wife of Ted Lewis, as her sole and separate property, who acquired title as Nancy J.
Hayt; and LESTER J. HAYT, SR., as Trustee of the Michelle E. Butts Trust the following described
real property situated in Pima County, Arizona.
SEE THE ATTACHED LEGAL DESCRIPTIONS AS EXHIBIT "A", "B", and "c"
AND SHOWN ON EXHIBITS "A-1", "B-1" and "C-1" INCORPORATED HERE
BY THIS REFERENCE
RESERVING an easement pursuant to AR.S. ~ 28-7210 for the following 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.
FURTHER RESERVING, pursuant to AR.S. ~ 28-7215 (A), rights of ingress and egress for public
or emergency vehicles, all property owners, property owner guests and invitees and persons
lawfully conducting business on the land over any portion of the abandoned property if and to
the extent any land adjoining the abandoned roadway is left without a public or private legal
access connecting the land with an established public roadway.
Dated: August 16, 2005.
TOWN OF MARANA, ARIZONA
Ed Honea, Mayor
ATTEST: ApPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
STATE OF ARIZONA )
County of Pima ) ss.
This instrument was acknowledged before me on , 2005, by Ed Honea, Mayor,
on behalf of the Town of Marana.
My Commission Expires:
Notary Public
(EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. 9 11-1134 (A) (3).)
1:ICouncil Packets\2005\08-16-05 regularlDeed of Abandonment_072505(Hayt).doc
08/11/05 11 :43 AM
EXHIBIT "A"
LEGAL DEseRI PTION
TANGERINE FARMS ROAD ABANDONMENT
ADJACENT TO
TAX PARCEL 218-49-002A
A PORTION OF THE GOVERNMENT LOT 4 IN THE SOUTHWEST QUARTER OF SECTION
31, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31;
THENCE NORTH 89044'45" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 1,184.75 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-
OF-WAY LINE OF THE UNION PACIFIC RAILROAD, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE NORTH 89044'45" EAST, CONTINUING ALONG SAID SOUTH LINE, A DISTANCE
OF 13.74 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4;
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THENCE NORTH 00012'16" WEST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE
OF 120.47 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE, CONCAVE TO
THE NORTIlEAST, HAVING A RADIUS OF 350.00 FEET AND TO WHICH POINT A RADIAL
LINE BEARS SOUTH 36044'40" WEST, SAID POINT BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7
OF ROAD MAPS AT PAGE 83, RECORDS OF SAID PIMA COUNTY;
THENCE NORTHWESTERLY, ALONG SAID CURVE AND NORTIlERLY RIGHT-OF-WAY
LINE, TIIROUGH A CENTRAL ANGLE OF 03~7'32", AN ARC DISTANCE OF 21.13 FEET;
THENCE NORTH 49047'48" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 202.26 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE
OF TANGERINE ROAD AS DESCRIBED IN DOCKET 11487 AT PAGE 2029;
THENCE SOUTH 40012'12" WEST, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 100.00 FEET TO TIlE NORTHEASlERLY RIGHT-OF-WAY LINE OF TIlE
UNION PACIFIC RAILROAD;
THENCE SOUTH 49047'48" EAST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 291.02 FEET TO THE POINT OF BEGINNING.
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SAID PORTION CONTAINING 0.610 ACRES OR 26,572 SQUARE FEET, MORE OR LESS.
MICHAEL L. SCHLOEMAN, R.L.S.
S:\JOBS\3S92\3S92-108\ADJ 218-49-0020 ABANDON.doc
LEGAL LOG NO. 862
Page 1 of 1
EXHIBIT IA-1"
A PORnON OF GOVERNMENT LOT 4 IN THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 11 SOUTH, RANGE 12 EAST,
GILA AND SAL T RIVER MERIDIAN, PIMA COUNTY, ARIZONA
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EXHIBIT "B"
LEGAL DESCRIPTION
TANGERINE FARMS ROAD ABANDONMENT
ADJACENT TO
TAX PARCEL 218-49-006A
A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA
AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTIiEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31;
THENCE SOUTH 89044'45" WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 659.95 FEET TO THE EAST LINE OF THAT PARCEL
DESCRIBED IN DOCKET 5428 AT PAGE 507 AND THE POINT OF BEGINNING;
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THENCE SOUTH 89044'45" WEST, CONTINUING ALONG SAID SOUTH LINE, A DISTANCE
OF 659.95 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 31;
THENCE NORTII 00012'16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 120.47 FEET
TO A POINT ON THE ARC OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 350.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 36044'40" WEST, SAID POINT BEING A POINT ON THE NORTHERLY RIGHT"()F-
WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS AT PAGE 83,
RECORDS OF SAID PIMA COUNTY;
THENCE SOUTHEASTERLY. ALONG SAID CURVE AND NORTHERLY RIGHT"()F-WAY
LINE, THROUGH A CENTRAL ANGLE OF 36059'55", AN ARC DISTANCE OF 226.01 FEET;
THENCE NORTH 89044'45" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT"()F-
WAY LINE, A DISTANCE OF 449.30 FEET TO THE AFORESAID EAST LINE OF THAT
PARCEL DESCRIB.ED IN DOCKET 5428 AT PAGE 507;
THENCE SOUTH 00010'01" EAST. ALONG SAID EAST LINE, A DISTANCE OF 50.00 FEET
TO THE POINT OF BEGINNING.
SAID PORTION CONTAINING 0.866 ACRES OR 37,730 SQUARE FEET, MORE OR LESS.
MICHAEL L. SCHLOEMAN, R.L.S.
S:\JOBS\3S92\3S92-I08\ADJ 218-49-0060 ABANDON.doc LEGAL LOG NO. 863
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EXHIBIT "B-1"
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 11 SOUTH, RANGE 12 EAST,
GILA AND SAL T RIVER MERIDIAN, PIMA COUNTY, ARIZONA
TAX PARCEL NO.
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EXHIBIT "C"
LEGAL DESCRIPTION
TANGERINE FARMS ROAD ABANDONMENT
ADJACENT TO
TAX PARCEL 218-49-007A
A PORTION OF TIlE SOUTIlEAST QUARTER OF THE SOUTIlEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA
AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTIIEAST CORNER OF SAID SOUTIlWEST QUARTER;
THENCE SOUTH 89044'45" WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER. A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING;
TIlENCE SOUTH 89044'45" WEST, CONTINUING ALONG SAID SOUTH LINE, A DISTANCE
OF 159.95 FEET TO TIlE EAST LINE OF THAT PARCEL DESCRIBED IN DOCKET 5428 AT
PAGE 507;
THENCE NORTH 00012' 16" WEST, ALONG SAID EAST LINE, A DISTANCE OF 50.00 FEET
TO THE NORTH RIGHT-OF-WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF
ROAD MAPS AT PAGE 83, RECORDS OF SAID PIMA COUNTY;
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THENCE NORTIl 89044'45" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 159.88 FEET;
THENCE SOUTH 00010'01" EAST A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
SAID PORTION CONTAINING 0.184 ACRES OR 7,996 SQUARE FEET, MORE OR LESS.
MICHAEL L. SCHLOEMAN, R.L.S.
S:\JOBS\J592\J592-III3\LEGALS\ADJ TO 218-49-0070 ABANDON.doc LEGAL LOG NO. 865
Page 1 of 1
EXHIBIT "C-1"
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A PORTION OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECnON 31, TOWNSHIP 11 SOUTH, RANGE 12 EAST,
GILA AND SAL T RIVER MERIDIAN, PIMA COUNTY, ARIZONA
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DEED OF ABANDONMENT
The Town of Marana, an Arizona municipal corporation, hereby abandons pursuant to AR.S.
928-7205 and Town of Marana Resolution No. 2005-109 in favor of LPE I LLC. the following
described real property situated in Pima County, Arizona.
SEE THE ATTACHED LEGAL DESCRIPTIONS AS EXHIBIT "0" AND SHOWN
ON EXHIBITS "0-1" INCORPORATED HERE BY THIS REFERENCE
RESERVING an easement pursuant to AR.S. 928-7210 for the following 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.
FURTHER RESERVING, pursuant to AR.S. 928-7215 (A), rights of ingress and egress for public
or emergency vehicles, all property owners, property owner guests and invitees and persons
lawfully conducting business on the land over any portion of the abandoned property if and to
the extent any land adjoining the abandoned roadway is left without a public or private legal
access connecting the land with an established public roadway.
Dated: August 16,2005.
TOWN OF MARANA, ARIZONA
Ed Honea, Mayor
ATTEST: ApPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
STATE OF ARIZONA )
County of Pima ) ss.
This instrument was acknowledged before me on , 2005, by Ed Honea, Mayor,
on behalf of the Town of Marana.
My Commission Expires:
Notary Public
(EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. 9 11-1134 (A) (3).)
1:ICouncil PackelsI2005108-16-G5 regularlDeed of Abandonmenl_072505(LPE).doc
0811110511:41 AM
EXHIBIT "0"
LEGAL DESCRIPTION
TANGERINE FARMS ROAD ABANDONMENT
ADJACENT TO
TAX PARCEL 216-12-003A
A PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SOUTH,
RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID
PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 89044'45" WEST, ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89044'45" WEST, CONTINUING ALONG SAID NORTH LINE, A DISTANCE
OF 833.64 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC
RAILROAD RIGHT-OF-WAY;
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THENCE SOUTH 49047'48" EAST A DISTANCE OF 77.06 FEET TO THE SOUTH RlGHT-OF-
WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS AT PAGE 83,
RECORDS OF SAID PIMA COUNTY;
THENCE NORTH 89044'45" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A
DISTANCE OF 684.97 FEET TO THE WEST LINE OF THAT ADDITIONAL RIGHT-OF-WAY
DEDICATED IN DOCKET 5431 AT PAGE 489;
THENCE SOUTH 00013'15" EAST, ALONG SAID WEST LINE, A DISTANCE OF 25.00 FEET
TO THE SOUTH LINE OF SAID ADDITIONAL RIGHT-OF-WAY;
THENCE NORTH 89044'45" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 90.04 FEET;
THENCE NORTH 00015'15" WEST A DISTANCE OF 75.00 FEET TO THE POINT OF
BEGINNING.
SAID PORTION CONTAINING 0.975 ACRES OR 42,466 SQUARE FEET, MORE OR LESS.
MICHAEL L. SCHLOEMAN, R.L.S.
S:\10BS\3592\3592-1113\LEGALS\ADJT0216-12-003A.doc LEGAL LOG NO. 864
Page 1 of 1
EXHIBIT "0-1"
A PORTION OF THE NORTHWEST QUARTER OF SECTION 6,
TOWNSHIP 12 SOUTH, RANGE 12 EAST,
GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
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