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HomeMy WebLinkAbout06/07/2005 Blue Sheet Abandonment of a portion of Continental Links Drive TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 7, 2005 AGENDA ITEM: X. A. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-61: Relating to Real Estate; confinning and ratifying the abandonment of a portion of Continental Links Drive northwest of Arizona Pavilions Drive and northeast of the Santa Cruz River; and declaring an emergency. DISCUSSION In 1997, the final block plat for the Links at Continental Ranch dedicated a 60- foot public right- of-way for Continental Links Road from Arizona Pavilions Drive to the northwest comer of the Links final plat. On June 4, 2002, the preliminary block plat for Marana Golf Continental Ranch was approved, showing Continental Links Drive abandoned north of the entry to the golf course parking lot. However, when the final plat for Marana Golf Continental Ranch was submitted to and approved by the Town on March 16, 2004, the plat note referencing the abandonment of Continental Links Road north of the golf course parking lot was inadvertently deleted. Never- theless, the road is not shown on the final plat north of that location. Continental Links Drive was intended to be abandoned with the final plat for Marana Golf Con- tinental Ranch in exchange for the linear park dedicated to the public by that plat. This proposed resolution carries out the abandonment of Continental Links Road by exchange as it was origi- nally intended. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-61, confinning and ratifying the abandon- ment of a portion of Continental Links Drive. SUGGESTED MOTION I move to adopt Resolution No. 2005-61, and declaring an emergency. {00000866.DOC /} FJClcds 6/1/05 MARANA RESOLUTION NO. 2005-61 RELATING TO REAL ESTATE; CONFIRMING AND RATIFYING THE ABANDONMENT OF A PORTION OF CONTINENTAL LINKS DRIVE NORTHWEST OF ARIZONA PAVILIONS DRIVE AND NORTHEAST OF THE SANTA CRUZ RIVER; AND DECLARING AN EMERGENCY. WHEREAS, on September 2, 1997, the Mayor and Council of the Town of Marana adopted Resolution No. 97-87, approving the final block plat for the Links at Continental Ranch (the "Links Final Plat"), recorded in the Pima County Recorder's office at Book 50 of maps and plats, Page 34; and WHEREAS, the Links Final Plat dedicated a 60-foot public right-of-way for Continental Links Road from Arizona Pavilions Drive to the northwest comer ofthe Links Final Plat; and WHEREAS, on June 4, 2002, the Mayor and Council of the Town of Marana adopted Resolution No. 2002-66, approving the preliminary block plat for Marana Golf Continental Ranch (the "Marana Golf Preliminary Plat"); and WHEREAS, the Marana Golf Preliminary Plat contains a note with an arrow pointing to a portion of Continental Links Drive, stating "60' R.O.W. BK 50, PG 34, M&P (TO BE ABANDONED BY THIS PLAT)"; and WHEREAS, on March 16, 2004, the Mayor and Council of the Town of Marana adopted Resolution No. 2004-33, approving the final block plat for Marana Golf Continental Ranch (the Marana Golf Final Plat"), recorded in the Pima County Recorder's office at Book 58 of maps and plats, Page 15; and WHEREAS, the Marana Golf Final Plat shows Continental Links Drive extending only for a distance of only about 983 feet northwest of Arizona Pavilions Drive, but inadvertently omitted any mention of the abandonment of the remaining portion of Continental Links Drive; and WHEREAS, the Marana Golf Final Plat dedicated to the public a linear park and trail generally 30 feet in width along most of the southwest boundary of the property depicted on the Marana Golf Final Plat (the "Linear Park Dedication"); and WHEREAS, the Town and the affected property owner intended for the portion of Continental Links Drive shown on the Links Final Plat but not shown on the Marana Golf Final Plat to be abandoned in exchange for the Linear Park Dedication; and {00000805.DOC /} 5/27/200511:53 AM FJC WHEREAS, the Town now desires to clarify the status of title by confinning and ratifying the abandonment of a portion of Continental Links Drive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. To the extent not already abandoned, the portion of Continental Links Drive shown on the Links Final Plat but not shown on the Marana Golf Final Plat is hereby abandoned in favor of the abutting owner pursuant to A.R.S. § 28-7203 in exchange for the Linear Park Dedication, all as shown on the Marana Golf Final Plat. SECTION 2. The various Town officers and employees are authorized and directed to execute all documents and perfonn all acts necessary or desirable to give effect to this resolution. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of June, 2005. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000805.DOC I} - 2 - FJC 4/13/20054:41 PM