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Home My WebLink AboutOrdinance 2006.26 Approving exchange of drainageway on the Linda Vista Cinemas site SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 12885 2695 6 20061740611 09/08/2006 16:13 F. ANN RODRIGUEZ, RECORDER RECORDED BY: MAS DEPUTY RECORDER 5432 PE4 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2006.26 RELATING TO REAL ESTATE; APPROVING THE TOWN'S EXCHANGE OF A DRAINAGEW A Y IN FEE FOR AN ADJACENT, LARGER PERMANENT DRAINAGE EASEMENT LOCATED ON THE LINDA VISTA CINEMAS SITE IN PEPPERTREE RANCH BUSINESS PARK, AND AUTHORIZING THE MAYOR TO EXECUTE ANY DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE. WHEREAS, the Town of Marana is in the process of reviewing and approving the development plan for Linda Vista Cinemas, DPR-06008; and WHEREAS, the Town of Marana desires to acquire a 34-foot wide public drainage easement from Continental Ranch Development L.L.c. (the "Owner"); and WHEREAS, the Owner is willing to grant the 34-foot wide public drainage easement, containing 12,321 square feet, to the Town in exchange for a 30-foot wide public drainage way, containing 10,797 square feet, which the Town no longer needs; and WHEREAS, the properties being exchanged are specifically described and identified on the attached exhibits A, A-I, B and B-1; and WHEREAS, the parcels of property being exchanged are of substantially equal value; and WHEREAS, A.R.S. ~ 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, SECTION 1. The exchange of lands as set forth and presented to the Mayor and Council is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectuate the above-contemplated exchange for and on behalf of the Town of Marana. ~, ri""~ .41:~, ~:$ ~::t ~; SECTION 3. The Town Manager and Town staff are authorized and directed to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this land exchange. ~:!I '"~ <In:: f:'~ (~ ~~; {00002550.DOC I} - 1 - 8/22/20064:58 PM PS FIe PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of September, 2006. ATTEST: {00OO2550.DOC I} -2- tl II A m~? Mayor Ed Honea ~\,"1n""l ~~...OF~ ~ ~~,~,\\"n"",L. ~ y ~ ~o~ ~~~~ ::" ~ cORPORArf ~~'>- _ S 000 i = = iSEAL! -- ~~ ;;:;: ~ ~ ., ~ ~ AI. ~IIIIU"\\~ ~ ~ 'iIZ 19'1'~ ~1111.1l\\\~ 'I ~~ ~;:l: ~~ li~:~ ,~~ t"'1 (:ill im:, ~::p 8/22/20064:58 PM PS FJe LEGAL DESCRIPTION EXISTING 30' WIDE PUBLIC DRAINAGE WAY IN BOOK 33, PAGE 97, SEC. 26, T.12 S., R.12 E., G.S.R.M. PIMA COUNTY, ARIZONA A TRACT OF LAND SITUATED IN THE SOUTH HALF (S1/2) OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER, MERIDIAN, TOWN OF MARANA PIMA COUNTY ARIZONA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER (S1/4) OF SAID SECTION 26; THENCE NORTH 40016'43" WEST 70.14 FEET TO THE POINT OF BEGINNING SAID POINT BEING THE MOST SOUTHWESTERLY CORNER OF LOT 55 OF PEPPERTREE RANCH BUSINESS PARK LOTS 1-57, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, PIMA COUNTY, ARIZONA, BOOK 33, MAPS AND PLATS PAGE 97; THENCE NORTH 44009'02" WEST 30.00 FEET TO THE MOST SOUTHERLY CORNER OF BLOCK 3 OF CONTINENTAL RANCH RETAIL CENTER, LOTS 1 THRU 9 AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER, PIMA COUNTA, ARIZONA, BOOK 56 MAPS AND PLATS, PAGE 49; THENCE NORTH 44056'08" EAST 358.72 FEET ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 3 TO THE MOST EASTERLY CORNER OF SAID LOT 3 WHICH IS ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ARIZONA PAVILIONS DRIVE; THENCE SOUTH 48049'54" EAST 30.06 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE MOST NORTHERLY CORNER OF SAID LOT 55; THENCE SOUTH 44056'08" WEST 361.17 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 55 TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 10,797 SQ. FT OR 0.25 ACRES j, ;fI"~ .iIl:~" @: ~J ~~:~ W!;~ ~~:: r;"" ~'l si '''''~III i EXHIBIT A ARIZONA PA VlLI SCALE: N. T.S. /// ;t, ~ BLOCK 3 CONTINENTAL RANCH RETAI~ CENTER ~ s -- EXISTING 30' PUBLIC DRAINAGE WAY IN BK. 33 PG. 97 TO BE ABANDONED LOT 55 PEPPER TREE RANCH BUSINESS PARK / ~ f); "J ~ G-<006~ 0<<;~G~ "P.O.s. OF C? EAS MENT N40.16' 42"W 70.14' / / POINT OF COMMENCEMENT SOUTH 1/4 CORNER SEC. 26, T12S, R12E 1, ,,~ ~::, ~~;~ ~fJ: ~m,il S The WL B EXISTING 3D' PUBLIC DRAINAGE WAY IN BK. 33, PG. 97 G l'Joun SECTION 26, T. 12 S., R. 12 E., G.S.R.M., I \ ('-(., PIMA COUNTY, ARIZONA INC. ~ EXHIBIT TO ACCOMPANY DESCRIPTION OF Engineering Planning Surveying Urban Design Landscape Architecture 2551 N. Green Valley Parkway Suite A425 Henderson. Nevada 89014 (702)458-2551 ~1 Ir'l:i! ..:" ~"'" ~::~ !~ l::~ EXHIBIT A-I LEGAL DESCRIPTION 34' WIDE PUBLIC DRAINAGE WAY A TRACT OF LAND SITUATED IN THE SOUTH HALF (S1/2) OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER,MERIDIAN, TOWN OF MARANA PIMA COUNTY ARIZONA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER (S1/4) OF SAID SECTION 26; THENCE NORTH 37051'18"WEST 43.18 FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE SOUTHWESTERLY LINE OF LOT 55 OF PEPPERTREE RANCH BUSINESS PARK LOTS 1-57, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, PIMA COUNTY. ARIZONA, BOOK 33, MAPS AND PLATS PAGE 97; THENCE NORTH 44"09'02" WEST 27.06 FEET ALONG SAID SOUTHWESTERLY LINE TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT 55; THENCE NORTH 44009'02" WEST 6.94 FEET THENCE NORTH 45050'58" EAST 361.03 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ARIZONA PRAVILlONS DRIVE: THENCE SOUTH 48049'54" EAST 1.18 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE MOST NORTHERLY CORNER OF SAID LOT 55; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE WHICH IS ALSO THE NORTHEASTERLY LINE OF SAID LOT 55 SOUTH 48049'54" EAST 32.93 FEET; THENCE SOUTH 45050'58D WEST 363.82 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 12,321 SQ. FT OR 0.28 ACRES :~.. ~;~;~ ~::::l: ~~!:~~ ......1' ~J! ,,~ ~~: tl, !::~ ~1 EXHIBIT B sc::~ 1- . 80' ARIZONA PA DRIVE S48.49J54'[ 1.18 -- The WLB GrouR~ \.. -- N44.09'02'W' 27,06 N3T51'08"W , /' 43.18/ EXHIBIT 'fO ACCOMPANY DESCRIPTION 34' PUBLrC DRAINAGE WAY IN SECTION 26, T. 12 S.. R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA - - 34' PUBLIC DRAINAGE WAY rvro ~~~ CJ~ c,~ / / POINT OF COMMENCEMENT SOUTH 1/4 CORNER SEC. 26, T12S, R12E OF j :2 :~~~~: ~~: b ~~ :2 'if ~;~ ~~ Engineering Planning Surveying Urban DGsign Landscape Archlteclure 2551 N. Green Valley Parkway Suite A425 Henderson. Nevada 89011 (702)458-2551 EXHIBIT B-1 F. ANN RODRIGUEZ, RECORDER RECORDED BY: MAS DEPUTY RECORDER 5432 PE4 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12885 2701 3 20061740612 09/08/2006 16:13 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 QCDEED MAIL AMOUNT PAID $ 8.00 QUIT CLAIM DEED Exempt: A.R.S. ~ 11-1134(A)(3) The TOWN OF MARANA, an Arizona municipal corporation, (the "TOWN"), for the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, does hereby quit claim to Continental Ranch Development, L.L.C., an Arizona limited liability company, all the TOWN's interest in the following described real property situated in Pima County: SEE ATTACHED LEGAL DESCRIPTIONS AND LOCATION MAPS EXHIBITS A and A-1, IN WITNESS WHEREOF, the TOWN has caUS~hiS deed to be signed by the undersigned duly authorized officer this ~ day of ~~~, 2006. TOWN OF MARANA, an Arizona municipal corporation By: f/ !tV?t Ed Honea, Mayor ATTEST: ApPROVED AS TO FORM: STATE OF ARIZONA Js County of Pima ) The foregoing instrument was acknowledged before me on Sef'\-~I'V\\'~r 5,. ~CJU b by Ed Honea, Mayor of the TOWN OF MARANA, an Arizona municipal corporation, on behalf of the Town. t ~~;, 1:1 ~, ,,::i ~i~ i!""~ .r., I"? ~~ :I. My commission expires: 'F~b(uo.{",\ ~~, ~CJU<1 ~~CA.~~ Notary Public {00002551.DOC I} 8/22/06 PS FJC TIMOTHY A M,\ T 'IX NOTARY PUOIlC PIMA COUNTY, AfllZONA MY COMMISSION OPinES FEBRUARY 22, 2009 1- ,) LEGAL DESCRIPTION EXISTING 30' WIDE PUBLIC DRAINAGE WAY IN BOOK 33, PAGE 97, SEC. 26, T.12 S., R.12 E., G.S.R.M. PIMA COUNTY, ARIZONA A TRACT OF LAND SITUATED IN THE SOUTH HALF (S1/2) OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER, MERIDIAN, TOWN OF MARANA PIMA COUNTY ARIZONA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER (S1/4) OF SAID SECTION 26; THENCE NORTH 40016'43" WEST 70.14 FEET TO THE POINT OF BEGINNING SAID POINT BEING THE MOST SOUTHWESTERLY CORNER OF LOT 55 OF PEPPERTREE RANCH BUSINESS PARK LOTS 1-57, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, PIMA COUNTY, ARIZONA, BOOK 33, MAPS AND PLATS PAGE 97; THENCE NORTH 44"09'02" WEST 30.00 FEET TO THE MOST SOUTHERLY CORNER OF BLOCK 3 OF CONTINENTAL RANCH RETAIL CENTER, LOTS 1 THRU 9 AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER, PIMA COUNTA, ARIZONA, BOOK 56 MAPS AND PLATS, PAGE 49; THENCE NORTH 44056'08" EAST 358.72 FEET ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 3 TO THE MOST EASTERLY CORNER OF SAID LOT 3 WHICH IS ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ARIZONA PAVILIONS DRIVE; THENCE SOUTH 48049'54" EAST 30.06 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE MOST NORTHERLY CORNER OF SAID LOT 55; THENCE SOUTH 44056'08. WEST 361.17 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 55 TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 10,797 SQ. FT OR 0.25 ACRES ~:I ~~f! ..~' " m ~'~ .;", EXHIBIT A ARIZONA PA V/L1 SCALE: N.T.S. -- EXISTING 30' PUBLIC DRAINAGE WAY IN BK. 33 PG. 97 TO BE ABANDONED EXISTING l' NO~ ~ ACCESS EASEMENT. "- TO BE VACATED ~ BLOCK 3 CONTINENTAL RANCH RET AI~ CENTER ~ LOT 55 PEPPERTREE RANCH BUSINESS PARK N40'16' 42"W 70.14' / / POINT OF COMMENCEMENT SOUTH 1/4 CORNER SEC. 26, T12S, R12E 'I, ,dr, 2; 1~~:~1 ~:::;1 .". :~ The WLB G roupNC " EXHIBIT TO ACCOMPANY DESCRIPTION OF EXISTING 30' PUBLIC DRAINAGE WAY IN BK. 33, PG. 97 SECTION 26, T. 12 S., R. 12 E., G.S.R.M., PIMA COUNTY, ARIZONA iS~ ~l 7 ISI :3 Engineering Planning Surveying Urban Design Landscape Architecture 2551 N. Green Valley Parkway Suite A425 Henderson, Nevada 89014 (702)458-2551 EXHIBIT A-l