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Home My WebLink AboutResolution 2006-133 amending resolution 2004-115 concerning el camino de manana abandonment to reserve easements only for existing utilities SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RES 12868 3975 2 20061570897 08/15/2006 16:29 \ F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER 0224 PE3 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 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 EI 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 De.ed 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. " ::1. 11""1: "~,: :~:~:;i: ~;~~ii l::::i~ 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. ~!;ii ::::\1: .::'1' "j "'""Ill li~ ~::;i; {00002515.DOC /2} - 1 - 8/14/200611:16 AM FIe PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14th day of August, 2006. ~~ Mayor a. Honea ATTEST: """""""'" ~ OF~~ ~ ...\.~\,""'''/~ ~ S ~tP ~-: ~ S /2/(iORPORArl\ :: _ S CXJC) I - = I SEALS :: ~ '- ~;: ~ -~ ~ s ~ ~:'''II''\\~ ~ .,.~ 'iIZ. '\ CJ' .~ ~/IIIIIl'\\~ ,::;11 ":Ii' ~::;:!; ":::~ I~"'~ji ,/ ~'"'" II,::'~ {oo002515.DOC / 2} - 2 - 8/14/2006 1l:16 AM FJe DEED OF ABANDONMENT (EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. S 11-1134 (A) (3).) The Town of Marana, an Arizona municipal corporation, hereby abandons pursuant to AR.S. 9 28-7205 and Town of Marana Resolution No. 2004-115 in favor of Tortolita Vista Investments. LLC. an Arizona limited liability company. the following described real property situated in Pima County, Arizona: ALL THAT PORTION OF EL CAMINO DE MANANA RECORDED WITH THE PIMA COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZONA IN BOOK 2 OF ROAD MAPS PAGE 1 LYING WITHIN THAT PROPERTY DESCRIBED IN DOCKET 12533 PAGE 6747 RECORDED WITH THE PIMA COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZONA. SAID PORTION LYING IN THE EAST HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. 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 t\ [) ~ 1,1 {/1/ t.!:f ,200C", Marana Mayor and Council Approval: Parcel No. 219-36-0058, 006A, 006C, & 006F Resolution No.: 2004-115, Dated August 3, 2004 S"("~:Ml rJ,.tQG?"-I'U ~& X:IReal PropertylAbandonmentlEI Camino de Mananal06081 _Deed of Abandonment (Tortolita).doc 1/20/2005 5:24 PM TOWN OF MARANA, ARIZONA -ndlO t}C\-J Michael Reuwsaat, Town Manager ATTEST: ( ) County of ima ) ss. This instrument was acknowledged before me on fJlAGttS-t 10 , 200~, by Michael Reuwsaat, Town Manager, on behalf of the TO'jJ.f Mar~ ~ Notary Public ":i~',"Iil1:N.i;.&""," NOTARY PUBLIC STATE OF ARiZONA county of Pima DIANe MANGIALAADI Ii M" ,".fiJcintment expires ~17~~" ,*~.....~.~~",:" _11'1 Marana Mayor and Council Approval: Resolution No.: 2004-115, Dated August 3,2004 Parcel No. 219-36-0058, 006A, 006e, & 006F X:IReal PropertylAbandonmentlEI Camino de Mananal060810_Deed of Abandonment (Tortolita).doc 1/20/2005 5:24 PM DEED OF ABANDONMENT (EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. S 11-1134 (A) (3).) The Town of Marana, an Arizona municipal corporation, hereby abandons pursuant to AR.S. 928-7205 and Town of Marana Resolution No. 2004-115 in favor of Charles Wilson and Jean F. Wilson. Co-Trustees of the Wilson Familv Trust dated April 21. 1981. the following described real property situated in Pima County, Arizona: ALL THAT PORTION OF EL CAMINO DE MANANA RECORDED WITH THE PIMA COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZONA IN BOOK 2 OF ROAD MAPS PAGE 1 LYING WITHIN THAT PROPERTY DESCRIBED IN DOCKET 6971 PAGE 362 RECORDED WITH THE PIMA COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZONA. SAID PORTION LYING IN THE EAST HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. 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 A Of", IJ ~'r 1(1 ,200'. Marana Mayor and Council Approval: Resolution No.: 2004-115, Dated August 3, 2004 Parcel No. 219-36-005A, & 006E R.,~(.ffi'#I\~' Uti'",,,, "'''''"~ AI..,s""~ /.I)()(, X:\Real Pro ert IAbandonmentlEI Camino de Manana\0608~ Deed of Abandonm p y ent (Wilson).doc 1/20/20055:24 PM TOWN OF MARANA, ARIZONA ~.QAf2-J rv1ichael Reuwsaat, Town Manager ATTEST: ) County of Pima ) ss. This instrument was acknowledged before me on f}P..6/,lS-I- J() ,200"" by Michael Reuwsaat, Town Manager, on behalf of the To~na. . ~ Notary Public _"... ~NOTAAV PU8L.IC-'-'Tt..... " STATE Of ARIZONA ! . CountY of Pima ; ~" . DIANE MANGIAL.ARDI': ',,, ,,~':JOintment expires 03-17-.0~ ._"".,,i.u:....'r~..)\ Marana Mayor and Council Approval: Parcel No. 219-36-005A, & 006E Resolution No.: 2004-115, Dated August 3,2004 X:IReal PropertylAbandonmentlEI Camino de Mananal060810_Deed of Abandonment (Wilson).doc 1/20/2005 5:24 PM