HomeMy WebLinkAboutResolution 2014-092 Right of Way of Dalton Place (Camino De Manana)MARANA RESOLUTION NO, 2014 -092
RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF-
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WAY OF DALTON PLACE (CAMINO DE MANANA) THROUGH THE TUCSON
ELECTRIC POWER COMPANY PROPERTY LYING NORTHEAST OF THE WESTBOUND
INTERSTATE 10 FRONTAGE ROAD
WHEREAS the Town of Marana and VP Marana 160, LLC, entered into the Second
Amendment to Marana Spectrum Development Agreement (the "Second Spectrum DA
Amendment ") recorded in the Pima County Recorder's office on May 15, 2014 at Sequence
20141350543; and
WHEREAS paragraph 7 of the Second Spectrum DA Amendment provides for the Town
of Marana to timely begin and diligently pursue abandonment proceedings pursuant to A.R.S.
§ 28 -7201 et seq., abandoning the public right -of -way of Dalton Place through the Tucson
Electric Power Company property lying northeast of the westbound Interstate 10 frontage road,
subject (among other things) to the Town's obligation to proceed as required by law, including
the need to address any rights of property owners and utility companies that rely on the right-of-
way sought to be abandoned; and
WHEREAS the abandonment of the Dalton Place right- of-way addressed by this
resolution is one of the elements of legal consideration addressed in the Second Spectrum DA
Amendment; and
WHEREAS the Town of Marana is authorized by A.R.S. §§ 9- 240(B)(3)(e) and 28 -7205
to vacate and abandon Town roadways; and
WHEREAS the Town Council finds that the Town is receiving appropriate consideration
for the Abandonment Parcel for purposes of A.R.S. § 28 -7208 based on the respective rights and
obligations of the parties under the Second Spectrum DA Amendment and the limited
marketability of the narrow strip of land being vacated; and
WHEREAS the land adjoining the Abandonment Parcel has been provided private legal
access through the Marana Center development, connecting the land adjoining the Abandonment
Parcel with an established public roadway; and
WHEREAS the Town Council believes, based on reasonable diligence and available
information, that no utilities, pipelines, telecommunications facilities, canals, or appurtenances
addressed by A.R.S. § 28 -7210 are located within the Abandonment Parcel; but acknowledges
the reservation of easements provided in A.R.S. § 28 -7210 to the extent such facilities exist
before this abandonment; and
WHEREAS the Town Council finds that this resolution is in the best interests of the
Town and its citizens.
€ 00039602, DOCX / 3 )
RCSOILition No. 2014 -092 9/24/2014 8:40 AM FJC
NOW, THEREFORE, BE 1'"F RESOLVED BY THE MAYOR AND COUNCIL OF TIJE
TOWN OF MARANA,1 ARIZONA, AS FOLLOWS:
SECTION 1. The Town of Marana hereb vacates and abandons that portion of the public
ri of Dalton Place as particularl described in Exhibit I and depicted in Exhibit A
attached to and incorporated into this resolution b this reference (referred to in this resolution as
the "Abandonment Parcel"
SECTION 2. The Town En is hereb authorized to execute a q uit-claim deed of
abandonment in favor of the owner of land adjacent to the Abandonment Parcel in a form
approved b the Town Attorne evidencin the transfer of title to the Abandonment Parcel in
accordance with the re of and as prescribed b A.R.S. § 28-7205.
SECTION 3. The Town's Mana and staff are hereb directed and authorized to
undertake all other and further tasks re or beneficial to carr out this resolution.
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 7th da of October, 2014.
Ma Ed Flonea
ATTEST:
Al
/ J cel hron'son, Town Clerk
I
N p
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APPROVED AS TO FORM:
a Cas y , Town Att ne
(00039602.DOCX / 3
Resolution No, 2014-092 -2 - 9/2412014 8:40 AM F.IC
Wood, Patel & Associates, Inc.
(602) 335-8500
www. woodpatel. com
PARCEL DESCRIPTION
Marano Center
Roadway Abandonment
February 24, 2014
WP # 134026.07
Wage 1 of 2
See Exhibit "A"
A portion of Camino De Manana (Dalton Place), recorded in Boob 2 of Road. Maps, page 1, Pima County
Records (P.C.R.), lying Within Section 22, Township 12 South, Range 12 Last, of the Gila and Salt River
Meridian, Pima County, Arizona, more particularly described as follows:
All that portion of said Camino De Manana (Dalton Place) lying within that certain 200 -foot wide parcel
of land lying northeasterly of, adjacent to, and parallel with the northeasterly right -of way line of the
Union Pacific Railroad parcel as described in the Special Report, prepared by First American Title
Insurance Company, No. NCS- 651302 -P XI, dated January 14, 2014.
Subject to existing rights -of -way and easements.
This parcel description is based on an unrecorded ALTA Survey prepared by Ashby Surveying &
Drafting, Inc:., Job No: 5565, dated July 31, 2013, a Special Report, prepared by First American Title
Insurance Company, No. NCS -65 X302 -PDX1, dated January 14, 2014, and other client provided
information. This parcel description is located within an area surveyed by Wood, Patel and Associates,
Inc. during the month of December, 2013. Any monumentation noted in this parcel description is within
acceptable tolerance (as defined in Arizona Boundary Survey Minimum Standards dated 0211412002) of
said positions based on said survey.
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YAWPTarcel Deseriptions=13 Parcel Descriptions1134026,O7 Marana Center Roadway Abwidonment LOS 02- 24- 14.doc / C� A CA
46118
CATHY M. �
SVECHOVSKY�
EXPIRES 03-31-16
EXHIBIT 1 TO RESOLUTION
N. 1/4 COR. SEC. 22, T.12S., R.12E.
R.O.W. PER DKT.
13421, PG. 3601, P.C.R.
EX. R PER RIGHT OF WAY PLANS
OF THE CASA GRANDE - TUCSON
HIGHWAY TWIN PEAKS -
LINDA VISTA T.I./ 60' ROADWAY
PER BK. 2
4 ( PG. 1, P.C.R.
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MARANA CENTER
KATHY M.
ROADWAY ABANDONMENT
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02/24-/1
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PAGE 2 OF 2
PHOENIX AZ 85201
NOT TO SCALE
Phone: (602) 335 -8500
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Fax: (602) 335 -8580
PHOENIX • MESA *TUCSON
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