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Home My WebLink AboutResolution 2010-015 vacating a portion of the public right-of-way of linda vista boulevard(~ F. ANN RODRIGUEZ, RECORDER RECORDED BY: JCC DEPUTY RECORDER 0305 PE6-4351 4yog ~~O 0 ~~ ~ ~;:, ~ ~ SMARA ~*Z w~ ~ ~ ~_ ~, ~~ y TOWN OF MARANA `l~ ~,~' ATTN : TOWN ENGINEER `9~tIZO~p' 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCKET: PAGE NO. OF PAGES SEQUENCE: RE S 13744 916 4 20100280317 02/11/2010 15:48 MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION N0.2010-15 RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF- WAY OF LINDA VISTA BOULEVARD THAT IS BEING FUNCTIONALLY REPLACED AND MADE UNNECESSARY AS A RESULT. OF THE TWIN PEAKS TRAFFIC INTERCHANGE AND CAMINO DE MANANA ROADWAY PROJECTS WHEREAS the construction of the new I-10 Twin Peaks Traffic Interchange and Camino de Mariana roadway improvement projects will realign Linda Vista Boulevard traffic to the north, functionally replacing and rendering unnecessary for public roadway purposes a portion of Linda Vista Boulevard; and WHEREAS the Marana Spectrum Development Agreement (the "Spectrum DA") approved by Marana Resolution No. 2007-229, recorded in the Pima County Recorder's office on December 28, 2007 at Docket 13211, Page 951, addresses a development project known as Marana Spectrum, to be located south of the new aligrunents and intersection of Camino de Mariana and Linda Vista Boulevard, and proposed to include all of the land on both sides of the portion of Linda Vista Boulevard to be vacated by this resolution; and WHEREAS paragraph 2.6 of the Spectrum DA provides for the Town of Marana to abandon the existing Linda Vista Road right-of--way to the extent it is located within the Marana Spectrum development project; and WHEREAS the abandonment of the Linda Vista Road right-of--way addressed by this resolution is one of the elements of legal consideration addressed in the Spectrum DA; and WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240(B)(3)(e) and 28-7205 to vacate and abandon Town roadways; and WHEREAS the Town Council finds that the Town is receiving appropriate consideration for the vacated right-of--way for purposes of A.R.S. § 28-7208 based on the respective rights and obligations of the parties under the Spectrum DA and the limited marketability of the narrow ~,. strip of land being vacated; and WHEREAS the Town Council finds that this resolution is in the best interests of the w Town and its citizens. 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 vacates and abandons that portion of the public right-of--way of Linda Vista Road that crosses the Marana Spectrum property as particularly described and depicted in Exhibits A and Al attached to and incorporated into this resolution by this reference (hereinafter referred to as the "Abandonment Parcel"), subject to and upon Marana Resolution 2010-15 {00018599.DOC / 2} -1- satisfaction of Section 2 of this resolution, with transfer of title occurring when the Town Engineer executes one or more quit-claim deeds of abandonment pursuant to Section 3 of this resolution. SECTION 2. The Town Engineer shall not execute any quit-claim deeds of abandonment for the Abandonment Parcel until the Town Engineer determines that the I-10 Twin Peaks Traffic Interchange project and the Camino de Mariana roadway improvement project have progressed to the point that neither public nor construction access is needed or desirable over the Abandonment Parcel. SECTION 3. Subject to and upon satisfaction of Section 2 of this resolution, the Town Engineer is hereby authorized to execute one or more quit-claim deeds of abandonment in favor of the owners of land adjacent to the Abandonment Parcel, evidencing he transfer of title to the Abandonment Parcel in accordance with the requirements of and as prescribed by A.R.S. § 28-7205. SECTION 4. The Town's Manager and staff'are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED BY THE- MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2nd day of February, 2010. C/L Mayor E `Hones ATTEST: `>>~._. I,; ocelyn C.~ ronson, Town Clerk _. ~~? 1,: ~r ,~ Maraca Resolurion 2010-IS {00018599.DOC ! 2} -2- APPROVED AS TO FORM: .. A EXFiIBI,fi A TO MARANA RESOLUTION NO. 2010-1~ 1 J LEGAL DESCRIPTIONFOR ABANDONMENT PARCEL That portion of the South 30.00 feet of the Southeast quarter of Section 15 and that portion of the North 30.00 feet of Section. 22 all lying within Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Pima County, Arizona, being more particularly descn'bed as follows: COMMENCING at the South quarter corner of said Section 15 (railroad spike) from which the Southeast corner of said Section 15 (aluminum cap) bears North 89°34'28" East, 2629.12 feet; thence North 89°34'28" East, 61.08 feet along the South line of said Section 15 to the POINT OF BEGINNING artd the beginning of anon-tangent curve concave northwesterly having a radius of . 7749.44 feet, a radial line~from said beginning bears North 41°33'25" West; thence departing said South line, northeasterly 45.45 feet along said curve through a central .. ~ angle of 00°20'10" to the North line of the South 30.00 feet of said Section 15; thence on anon-tangent line North 89°34'28" East, 1843.01 feet along said North line of the South 30.00 feet of Section 15 to the beginning of anon-tangent curve concave northeasterly having a radius of 1527.39 feet, a radial line from said begnuung bears North 22°46'43" East; thence departing said North line of the South 30.00 feet of Section 15 southeasterly 176.41 feet along said curve through a central angle of 06°37'03" to the South line of the North 30.00 feet of said Section 22; thence on anon-tangent line South 89°34'28" West, 2077.51 feet along said South line of the North 30.00 feet of Section 22 to the beginning of a non tangent curve concave northwesterly having a radius of 7749.44 feet, a radial line from said beginning beats North 41 ° 13'07" West; thence departing said South line of the North 30.00 feet of Section 22 northeasterly 45.76 feet .along said curve through a central angle of 00°20' 18" to the POINT OF BEGINNING. ,~ Said parcel contains 117,308 square feet or 2.6930 acres more or less. '~ir,.s~r~ o t~ ~.....- T J.' ~ ~,, Fc€%~ ~A s \1Phx51e2\wuvey\LEGALDESCRIP7TONS14\vin I'eeks\ab02.lgl.doc i ' e n Tn nneoenie RRC(ll 1 ITIlIAI nlfl 7n1Q -~ EXHIBIT Al ABANDONMENT PARCEL N DATA TABLE T12S R12E 1 N89°34' 28"E 61. 08' 2 R=7749.44' L= 45.45' 3 N89°34'28"E 1843.01' 4 R=1527. 39' L=176. 41 ' 1"=~, 5 S89 ° 34' 28"W 2077. 51 ' PIbIA CO. 6 R= 7749. 44' L = 45. 76' 117 3nR cn ~r N89°34'28"E 5 14 2629.12' ~ 22 23 ~~ ~ `~~s 3JIK 1 ~ ~~~ '` ;..spa.,.-:~`'~ `~~ ~''-- ---------. --'' _~.~- ~e 0 200 400 ab02.exh ~ Sca/e ~ 7720 North l6th Street TWIN PEAKS Suite 100 -Phoenix, AZ LINDA VISTA BLVD 85020 - 602.371.1100