HomeMy WebLinkAboutResolution 2014-093 Real Estate - vacating portion of the public right-of-way of Old Camino De MananaMARANA RESOLUTION NO. 2014 -093
RELATING TO REAL ESTATE; VACATING- A PORTION OF THE PUBLIC RICIHT -OF-
WAY OF OLD CAMINO DE MARANA THROUGH THE VP MARANA 160, LLC,
PROPERTY LYING SOUrFH OF THE INTERSECTION OF TWIN PEAKS ROAD AND
BLUE BONNET 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 any remaining public right-of-way of old Camino de Mariana
bordered on both sides by the VP Marana 160, LLC, property lying south of the intersection of
Twin Peaks Road and Blue Bonnet Road, Pima County Assessor's Parcel Number 216- 23- 075A.,
legally described in Exhibit A attached to and incorporated by this reference in this resolution,
and referred to in this resolution as the "Reservoir Site "; subject (among other things) to the
rrown's obligation to proceed as required by law; and
WHEREAS the abandonment of the old Camino de Mariana 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 Area for purposes of A.R.S. § 28 -7208 based on the respective rights and
obligations of the parties under the Second Spectrum. DA Amendment, the limited marketability
of the narrow strip of land being vacated, and the historic ambiguity about the exact limits of the
old Camino de Mariana right-of-way in this particular location; 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 Area; 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.
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Resolution No. 2014 -093 - 9/25/2014 1;14 I'M FJC
NOW, THEREFORE,, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town of Marana hereb vacates and abandons that portion of the public
ri of old Camino de Manana (both as it was established b Pima Count Road
Proceedin No. 220, recorded in the office of the Recorder of Pima Count Arizona, at Book 2
of Road Maps at Pa 1 and as it was constructed) located within the Reservoir Site. This
portion of old Camino de Mariana public ri is referred to in this resolution as the
"Abandonment Area."
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 Area in a form
approved b the Town Attorne evidencin the transfer of title to the Abandonment Area 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 H onea
ATTEST:
Bronson
tv Jocel d 5 Town Clerk
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Resolution No. 2014-093 - 2 - 9125/2014 1:14 PM FJC
APPROVED AS TO FORM:
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Legal Descri tlon
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA,
STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS:
That portion of the Southeast quarter of Section 11, Township 12 South, Range 12 East, Gila
and Salt River Meridian, Pima County, Arizona, described as follows:
COMMENCING at the South sixteenth corner common to Sections 11 & 12, Township 12
South, Range 12 East, Gila & Salt River Meridian, Pima County, Arizona, monumented with a
found 112" steel rebar with tag marked "LS 13178 ", being South 02 degrees 02 minutes 18
seconds East, 1344.58 feet from the east quarter corner of Section 11, monumented by a 1-3/4"
lead cap on pipe marked 114 ", as shown in Book 58, page 26 of Surveys in the office of the
Pima County Recorder;
THENCE North 89 degrees 54 minutes 28 seconds West upon the South line of the Northeast
quarter of said Southeast quarter, a distance of 20.04 feet to the true POINT OF BEGINNING;
THENCE continue North 89 degrees 54 minutes 28 seconds West upon said South line, a
distance of 307.79 feet to a point on a curve concave to the northwest, having a radial bearing
of North 39 degrees 33 minutes 54 seconds West, on the southeasterly right -of -way of the
proposed alignment of Camino de Manana per Right -of -Way Plans for Camino de Manana/
Dove Mountain Extension, Project No. 2001 -52 for the Town of Marana;
THENCE upon said southeasterly right -of -way, an arc of said curve, to the left, having a radius
of 1030.00 feet and a central angle of 16 degrees 37 minutes 53 seconds for an arc distance of
298.98 feet to the beginning of a reverse curve concave to the south;
THENCE upon the arc of said curve, to the right, having a radius of 25.00 feet and a central
angle of 101 degrees 30 minutes 06 seconds for an arc distance of 44.29 feet to the beginning
of a compound curve concave to the west on the westerly right -of -way of proposed Blue Bonnet
Lane per said Right -of -Way Plans;
THENCE upon said westerly right -of -way, an arc of said curve to the right, having a radius of
232.00 feet and a central angle of 42 degrees 39 minutes 27 seconds for an arc distance of
172.73 feet;
THENCE upon said westerly right -of -way South 02 degrees 02 minutes 14 seconds East, a
distance of 70.28 feet to the POINT OF BEGINNING.
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