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Home My WebLink About09/05/2006 Blue Sheet Linda Vistas Cinemas Drainageway Exchange TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: September 5, 2006 AGENDA ITEM: J.6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance 2006.26: Relating to real estate; approving the Town's exchange of a drainageway 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. DISCUSSION The Town is currently in the process of reviewing and approving development plan DPR-06008, Linda Vista Cinemas, located west of Interstate 10 and south of Cortaro Road. The owner of the development, Continental Ranch Development L.L.C., and the Town are interested in exchanging properties utilized for public drainage purposes. The property owner shall grant a 34-foot wide public drainage easement, containing 12,321 square feet, to the Town in exchange for the conveyance of an adjacent, existing 30-foot wide public drainage way, containing 10,797 square feet, which the Town no longer needs. The parcels of property being exchanged are of substantially equal value and the applicable advertising has been completed. ATTACHMENTS Quit claim deed, legal descriptions and location maps. RECOMMENDATION Staff recommends adoption of Ordinance 2006.26, authorizing the land exchange. SUGGESTED MOTION I move to adopt Ordinance 2006.26. {00002544.DOC /} Linda Vista Cinemas (DPR-06008) 8/22/06 PS FJC ......-~.~"'--__.."""'"_"~..~,.,_'___...~..._,,~.~c,,.._ 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 Mar ana. 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. {00002550.DOC I} - 1 - 8/22/20064:58 PM PS FJC PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of September, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002550.DOC I} - 2 - 8/22/2006 4:58 PM PS FJC -'.~~'~""""-~~"""""""-"""'"~'''~''',"~<,,,..,,",,...,,.^ QUIT CLAIM DEED Exempt: A.R.S. 911-1134(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 caused this deed to be signed by the undersigned duly authorized officer this day of , 2006. TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor ATTEST: ApPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney STATE OF ARIZONA ds County of Pima ) The foregoing instrument was acknowledged before me on by Ed Honea, Mayor of the TOWN OF MARANA, an Arizona municipal corporation, on behalf of the Town. My commission expires: Notary Public {00002551.DOC I} 8/22/06 PS FJC LEGAL DESCRIPTION EXISTING 30' WIDE PUBLIC DRAINAGE WAY IN BOOK 33, PAGE 97, SEC. 26, T.12 5., 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 ARIZONA PA VlLJ SCALE: N.T.S. /:,. ~., p.- ./ .- ,,/' 8" '548 .~ ~ EXISTING l' NO~ .I:~ , ACCESS EASEMENT. "'1.~ ~ EXISTING 30 TO BE VACATED :",\: I PUBLIC DRAINAGE I WA Y IN C\.I ~,...... BK. 33 PG. 97 "" ~ ~~ TO BE ABANDONED BLOCK 3 CONTINENTAL :i~~~ LOT 55 PEPPERTREE RANCH RETAI~ CENTER oo~~ro RANCH BUSINESS PARK ?~~9 ~ ~~~~ " ;f~ ~ '\:: ~ " ~ / ~ ~ '>~ .~ ~O~ :) t~~ " ~~~O .'~" S ~0 "~1 P.O.B. OF S _~~'~ 30' EAS MENT N44 "09'028\./ The WL B EXISTING 30' PUBLIC DRAINAGE WAY IN BK. 33, PG. 97 G V10UR SECTION 26, T. 12 S., R. 12 E., G.S.R.M., I \ PIMA COUNTY, ARIZONA INC. N40"16' 42"W 70.14' / / POINT OF COMMENCEMENT SOUTH 1/4 CORNER SEC. 26, T12S, R12E , 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 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 37051'18w 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 44"09'02. 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 45050'58" WEST 363.82 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 12,321 SQ. FT OR 0.28 ACRES /.!;- X; 9- -- ? CJ.' ("J [.. SC.AX...X.a 1.. . 80. AFIIZONA PA DRIVE S48049'546[ 1.18 -- I I I '\. '\. ~B Grou8c. N44009'02'W'- 27,06 N3T51 '08"W , '7 43.18/ E~XHIBIT 'fO ACCOMPANY DESCRIPTION 34' PUBLIC DRAINAGE WAY IN SECTION 26, T, 12 S., R. 12 E., G.S.RM., PIMA COUNTY, ARIZONA -- 34' PUBLIC DRAINAGE WAY rvtO ~~~ G~ 00 / / P01NT OF COMMENCEMENT SOUTH 1/4 CORNER SEC. 26, T12S, R12E OF Engineering Planning Surveying Urban Dasign Landscape ArchItecture 2551 N. Green Valley Parkway Suite A425 Henderson. Nevada 89011 (702)458-2551 ~--""""'-~-"""""M~'"~~~~~'""'''''''''''......-."-"~~,,,"_.,,.~ri'" ,'. ,., MEETING DATE: September 5, 2006 AGENDA ITEM: TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA L.1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2006-143: Relating to Boards, Commissions and Committees; approving the appointment of Council Member Robert Allen as Mayor Ed Honea's designated chairman of the Marana Public Safety Personnel Retirement System Board. DISCUSSION This item proposes the appointment of Council Member Robert Allen as Mayor Ed Honea's des- ignated chairman of the Marana Public Safety Personnel Retirement System Board until his term expires in March, 2007. A.R.S. ~ 38-847(A)(1) establishes the Mayor or his designee as the Board chairman. If appointed, Council Member Allen will be sworn into office by the Town Clerk at tonight's meeting. RECOMMENDATION Mayor and Council's pleasure. SUGGESTED MOTION I move to adopt Resolution No. 2006-143, appointing Council Member Robert Allen as Mayor Ed Honea's designated chairman of the Marana Public Safety Personnel Retirement System Board. {00002530.DOC /} FJClcds 8/17/06 _'_.~----....,,,,,,,,~,,,,,,,,.._,,,,~_.,,",,~.," MARANA RESOLUTION NO. 2006-143 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE APPOINTMENT OF COUNCIL MEMBER ROBERT ALLEN AS MAYOR ED HONEA'S DESIGNATED CHAIRMAN OF THE MARANA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM BOARD. WHEREAS, the Public Safety Personnel Retirement System Board has been created by the Marana Police Department pursuant to A.R.S. ~ 38-847 to meet and advise the Town Council on police retirement issues within the Department; and WHEREAS, Mayor Ed Honea would like to designate Council Member Robert Allen to replace him as Chairman of the Marana Public Safety Personnel Retirement System Board until his term expires in March, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Council Member Robert Allen be appointed to replace Mayor Ed Honea as Chairman of the Marana Public Safety Personnel Retirement System Board with a term of office to expire in March, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of September, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002529.DOC /} FJClcds 8/17/06 AFFIDA Vll OF PUBLICA liON STATE OF ARIZONA COUNTY OF PIMA ss. Jamie Macias, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARANA ORDINANCE NO. 2006.26 LINDA VISTA CINEMAS DRAINAGEWAY EXCHANGE ORDINANCE was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 11 th day of September 2006 and the last publication thereof was made on the 14th day of September 2006; that said publication was made on each of the following dates, to-wit: 09/11/06 09/12/06 09/13/06 09/14/06 at the Request of: Town of Marana, Clerk's Office @~ ~'i ~ ~I'{'{\} ~ . ~ .~~ 0 ,Legal Advertising Manager S ribed and sworn to before me this 14th day of September 2006. ~QL( J.iL ~ Notary Public in and for the ounty of Pima, State of Arizona ROBBlE JONES Notary Public, ArIzona Pima County Expires 11/01/08 My commission expires: II-Dr-OJ' Pt!BLlC NOTICE MARANA ORDINANCE NO. 2006.26 RELATING TO REAL ESTATE; AP- PROVING THE TOWN'S EXCHANGE OF A DRAINAGEWAY IN FEE FOR AN ADJACENT, LARGER PERMANENT DRAINAGE EASEMENT LOCATED ON THE LINDA VISTA CINEMAS SITE IN PEPPERTREE RANCH BUSINESS PARK, AND AUTHORIZING THE MA YOR TO EXECUTE ANY DOCU- MENTS NECESSARY TO ACCOM- PLISH 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 de- sires 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, con- taining 10,797 square feet, which the Town no longer needs; and WHEREAS, the properties being ex- changed are specifically described and identified on the attached exhibits A, A-l, B and B-1; and WHEREAS, the parcels of property be- ing exchanged are of substantially equal value; and WHEREAS, AR.S. 9 9-407 requires land exchanges to be authorized by or- dinance 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. 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. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of September, 2006. _Mayor Ed Honea ATTEST; Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM:_ Frank Cassidy, Town Attorney All exhibits are on file and available for viewing during normal business hours in the Office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. PUBLISH: The Dally Territorial September 11,12,13,14,2006 pnord2006.26 0.1