HomeMy WebLinkAboutResolution 2011-039 vacating a portion of the Camino de Mañana right-of-way relating to the Twin Peaks interchange � F . ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded By: MRB of PP11Lr .
DEPUTY RECORDER �9 SEQUENCE: 20111110079
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1562 W I + z NO. PAGES: 5
SMARA VA .1
�� RES 04/21/2011
TOWN OF MARANA ,9�IZO�E 10:59
TOWN CLERK MAIL
11555 W CIVIC CENTER DR AMOUNT PAID: $8.00
MARANA AZ 85653
MARANA RESOLUTION NO. 2011-39
RELATING TO REAL ESTATE; VACATING A PORTION OF THE FORMER CAMINO DE
MANANA PUBLIC RIGHT -OF -WAY THAT THE TOWN NO LONGER NEEDS AS A
RESULT OF THE COMPLETION OF THE TWIN PEAKS TRAFFIC INTERCHANGE
WHEREAS the Town of Marana's Twin Peaks Traffic Interchange Project has been
substantially completed; and
WHEREAS the completion of this project has resulted in a partial realignment of the
former Camino de Mariana right -of -way; and
WHEREAS certain sections of the former Camino de Mariana alignment will no longer
be needed by the Town as they fall outside of the newly delineated right -of -way; and
WHEREAS the Town of Marana is authorized by A.R.S. §§ 9- 240(B)(3)(e) and 28 -7202
to vacate and abandon unnecessary Town roadways; and
WHEREAS the Town Council finds that the areas of right -of -way that fall outside of the
new right -of -way delineation (the Abandonment Area) and which border the parcels identified as
216 -36 -0180 and 216- 36 -019K by the Pima County Assessor's Office have no public use and no
market value for the purposes of A.R.S. § 28- 7215(B); and
WHEREAS the Town Council finds that it is necessary to reserve the rights to slope,
drainage and utility easements which are located in the Abandonment Area pursuant to this
resolution; and
WHEREAS the Town Council finds that this resolution is in the best interests of the
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 the Abandonment Area
which includes a portion of the Camino de Mafiana public right -of -way as depicted on Exhibit A
which is incorporated into this resolution by this reference, being that public right -of -way
established by right -of -way proceeding number 220 in Book 2 of Roads at Pages 1 -4 and Docket
8808, Page 607 in the office of the Pima County Recorder. The Abandonment Area is southeast
of the right -of -way boundary established by the Twin Peaks Traffic Interchange Project, No.
Marana Resolution 2011 -39 - 1 - (00025491.DOC / 2)
2001 -044 adjacent to the properties identified by Pima County Assessor's parcel numbers 216-
36 -0180 and 216- 36 -019K.
SECTION 2. The abandonment described in Section 1 is conditioned upon the owner of
the adjacent properties executing the acceptance block on the quit claim deed of abandonment in
substantially the form attached as Exhibit B to this resolution, evidencing the owner's acceptance
of the reservations in the quit claim deed of abandonment and the assumption by the owner of the
costs of maintaining and the liability for the abandoned area.
SECTION 3. The Town Engineer is hereby authorized to execute the quit claim deed of
abandonment in substantially the form attached as Exhibit B to this resolution, after and
conditioned upon the property owner executing the acceptance block on the quit claim deed of
abandonment, as described in Section 2 of this resolution.
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 5 day of April, 2011.
Mayor hd Ho ea
ATTEST:
OF
topcoo
J elyn ronson, Town Clerk
APPROVED A T
S O FORM: �//�11�1►
5 r6aassidy, Town ttorney
Marana Resolution 2011 -39 -2- {00025491.130C / 2}
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Exhibit B
QUIT CLAIM DEED OF ABANDONMENT
(Exempt: A.R.S. § 11 -1134 (A) (3))
The TOWN OF MARANA, an Arizona municipal corporation, hereby abandons pursuant to A.R.S.
§ 28 -7205 and Town of Marana Resolution No. 2011 -### in favor of the
following described real property situated in Pima County, Arizona.
THE AREA OF CAMINO DE MARANA RIGHT OF WAY AS SHOWN ON EXHIBIT A
ATTACHED TO THIS INSTRUMENT AND INCORPORATED HERE BY THIS
REFERENCE BEING THAT PUBLIC RIGHT -OF -WAY ESTABLISHED BY RIGHT OF
WAY PROCEEDING NUMBER 220 IN BOOK 2 OF ROADS AT PAGES 1 TO 4 AND
DOCKET 8808, PAGE 607 IN THE OFFICE OF THE PIMA COUNTY RECORDER,
LOCATED SOUTHEAST OF THE RIGHT -OF -WAY BOUNDARY ESTABLISHED BY
THE TWIN PEAKS TRAFFIC INTERCHANGE PROJECT NO. 2001 -044.
RESERVING easements pursuant to A.R.S. § 28 -7210 for the following, if any, as they existed
before this abandonment: (a) sewer, gas, water or similar pipelines and appurtenances,
(b) canals, laterals or ditches and appurtenances (c) electric, telephone and similar lines and
appurtenances and (d) slope, drainage and utility easements.
DATED April _, 2011.
TOWN OF MARANA, ARIZONA
The undersigned hereby accepts title to the
property abandoned by this instrument
subject to the reservations as described Keith Brann, Town Engineer
above, and agrees, pursuant to A.R.S.
§ 28- 7215(B), to assume the costs of
maintaining and the liability for the
roadways abandoned by this instrument. APPROVED AS TO FORM:
By: Frank Cassidy, Town Attorney
Its:
{00025572.DOC 4 3/18/2011 CIH
Exhibit B
STATE OF ARIZONA
County of Pima ss.
This instrument was acknowledged before me on April , 2011, by Keith Brann, Town
Engineer, on behalf of the Town of Marana.
My commission expires:
Notary Public
STATE OF ARIZONA
County of Pima ss.
The foregoing instrument was acknowledged before me on April , 2011 by
as of,
on behalf of the corporation.
My commission expires:
Notary Public
{00025572.DOC /1 3/18/2011 CIH