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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; t 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. I 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 t TAX PARCEL NO. 218-49-002A ~~Vl~- - / TAX PARCEL NO. 218-49-006A 2- a: 10 o ,;j - o N o o N ........ ... ... ~ O./J) l'ANCERIHE ROAD. BK 7 RM PG 83 ..: II SW COR SEC 31 POINT OF COMMENCEMENT ~ ..... 9 J: U (f) ~ [----J TETRA TECH. INC. -wi liFRASlRUCl\JRE$ountYIEST GROUP .J.J N. Sf"".. 151t1 Floor TOle..",. AZ 115701 (520) 112:S-7I1eO llIItE DEe. 2llO3 JOII NO. 3llI2-1Il J ~ i: "t! .... .... >< 1IO ./ In .00: o o iIi ..... a- U --:': (f) --r- NORTH I ,-.. 200' 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; 1 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 Page 1 of 1 a. ~ ~ .... .... )( 00 ./ III .:.f. U o .m l.L.I a.. u ./ en 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. 218-49-002A ~ - - TA1l.GERINe Xl" - ..o!T; ~ 4.l) ~ ...... ,.. "" / 1 / TAX PARCEL NO. 218-49-006A :i a: co o ,;; - C N o o N ....... .... .... ....... co ~ ~ ~ """Cl: ~ ~ ~~ ~o """<> % ~ ~ '.. ~..A . .... u SE COR SW 1/4 SEC 31 POl 0 OMMENCEMENT ~ l.L.I 9 ::I: U II) :::E ..,-.. NORTH I 1.. 200' (-.a.J TETRA TECH, INC. -wi llFRASlRUCnJRE$oulHYoEST CROUP >>N. St_.. 15th Floor r.....-.. tI<Z 11.5701 (520) f$Z;'-7ItJO DIl7E DB: 2llO3 ... NO. J512-1113 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; r 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" -, 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 ~ - - TANGERIN.A:.R:o -~ 1 TAX PARCEL NO. 218-49-00BA TAX PARCEL NO. 218-49-007A :i a: 10 o I~ I~ ........ ..- S- OLD 7'ANCSRINS ROAD BK 7 RM PG 83 ... ........ " POINT OF BEGINNING . SE COR SW 1/4 SEC 31 POINT OF COMMENCEMENT i w 9 :I: U (I) :::E a. ~ ~ .... .... )( co " ..>0: U o jjj w a.. u ./ Iii TAX PARCEL NO. 216-12-00JA ~ ~ NORTH I 1.. 200. (--i TETRA TECH, INC. ... k'RASlRUClURESouTHlIIEST GROUI' 3J N. St....~ 15th Fl_ . 7IIc.on. AZ .:s101 (520) U:J- '1NO om: IlEC 2Illl3 _ 110. 3llG-lllJ 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; t 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 - - TANGERINe n/') - ..:!T;~A.lJ ~ ~ ...... ",. / " / 1 TAX PARCEL NO. TAX PARCEL NO. 218-49-006A 218-49-007A :::E a: CD 0 .-; - 0 N ~ 0 0 ~ ~ .... ...0 .... ~ "VC\> ~ .... ~ . ~~ NE COR NW 1/4 SEC 6 ~ POINT OF COMMENCEMENT ~ "V<> L.J % TAX PARCEL NO. g ~ 216-12-00JA :J: " ~ (I) ~ '.-. 0. "V"...t.. ~ ~ ... .... x IX) -T- ",. !II (-..:] TETRA TECH. INC. ~ u NORTH 0 I ~FRASTRUClURE $ouTHYtEST QROUP CD L.J ,.. 200' .J:J II. St"".. ,~t" Floor a. 711c_.",Z eTOt (~O) ~Z~TP80 " ",. Ilo\n DEe 2llO3 <ii .IllII NO. JIllI2-1113