HomeMy WebLinkAbout08/14/2006 Blue Sheet Amended item I.7
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: August 14, 2006
AGENDA ITEM:
1.7
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2006-133: Relating to Real Estate; amending Resolu-
tion No 2004-115 concerning El Camino de Manana abandonment to
reserve easements only for existing utilities; and declaring an emer-
gency.
DISCUSSION
This resolution revises the El Camino de Manana abandonment resolution (Resolution
No. 2004-115) to eliminate the reservation of a generic easement for future utilities in Section 2,
paragraph 3. The Town typically only reserves easements in abandoned rights-of-way for exist-
ing utilities, as required by A.R.S. ~ 28-7210. For unknown reasons, Town staff included reser-
vation of a generic future utility easement in the E1 Camino de Manana abandonment resolution.
The Deeds of Abandonment have not yet been recorded for the Camino de Maiiana abandon-
ment, so the generic future easement reservation has not yet been put in place. Amending the El
Camino de Manana abandonment resolution as proposed by staff to eliminate the reservation of
an easement for future utilities will eliminate an unnecessary cloud on title within the abandon-
ment area.
When the El Camino de Manana abandonment resolution was adopted in August 2004, Town
staff included an express easement reservation in Section 2, paragraph 2 to accommodate the in-
stallation of a sewer line within a portion of the abandonment area. The express sewer line ease-
ment reservation is not affected by this new resolution.
Staff requests that this resolution be adopted with the emergency clause, to accommodate a pend-
ing real estate closing affected by this abandonment.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2006-133, revising the El Camino de Manana
abandonment resolution (Resolution No. 2004-115) to eliminate the reservation of a generic
easement for future utilities.
SUGGESTED MOTION
I move to adopt Resolution No. 2006-133, including the emergency clause.
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MARANA RESOLUTION NO. 2006-133
RELATING TO REAL ESTATE; AMENDING RESOLUTION NO 2004-115 CONCERNING
EL CAMINO DE MANANA ABANDONMENT TO RESERVE EASEMENTS ONLY FOR
EXISTING UTILITIES; AND DECLARING AN EMERGENCY.
WHEREAS the Town Council adopted Resolution No. 2004-115 on August 3, 2004,
abandoning a portion of El Camino de Manana Road between Tangerine Road and Thomydale
Road; and
WHEREAS of Section 2, paragraph 3 of Resolution No. 2004-115 included a condition
requiring "Reservation (perpetual easement) for all existing and future public utilities/sewers
within the abandonment area"; and
WHEREAS Deeds of Abandonment have not yet been executed for the abandonment
addressed in Resolution No. 2004-115, so no reservation of rights has yet occurred; and
WHEREAS A.R.S. ~ 28-7210 provides for the reservation of certain utility easements "as
they existed before the disposal or abandonment of the rights-of-way"; and
WHEREAS the Town Council finds that it is in the best interest of the Town and the
public to revise Resolution No. 2004-115 to eliminate reference in Section 2, paragraph 3 to
future public utilities/sewers in the abandonment area, and to limit the reservation in that
subparagraph only to utilities existing as of the date of the Deed of Abandonment, as set forth in
A.R.S. ~ 28-7210.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Section 2, paragraph 3 of Resolution No. 2004-115 is hereby amended to
provide: "Reservation (perpetual easement) for those utilities/facilities addressed in A.R.S.
~ 28-7210 as they existed before the Deed of Abandonment that is executed to carry out this
abandonment. "
SECTION 2. Nothing in this Resolution shall affect the reservation set forth in Section 2,
paragraph 2 of Resolution No. 2004-115, reserving a specific, express easement for the
installation of a future sewer line within a portion of the abandonment area.
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.
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PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 14th day of August, 2006.
APPROVED AS TO FORM:
Mayor Ed Honea
ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
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