HomeMy WebLinkAboutResolution 2019-078 Vacating a Portion of Public ROW of Tangerine Road East of "Breakers Road" F. ANN RODRIGUEZ, RECORDER 111111101011111011111111111111111111101111101110111011111111
Recorded By: LW o� I1tr
DEPUTY RECORDER hQ SEQUENCE: 20192380122
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PICKUP
MARANA RESOLUTION NO. 2019-078
RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF-
WAY OF TANGERINE ROAD EAST OF "BREAKERS ROAD" FRONTING THE
PROPERTY OWNED BY PREMIER RV STORAGE, LLC
WHEREAS the Town of Marana has received from Premier RV Storage, LLC an
application for abandonment of Tangerine Road right-of-way located along the north
boundary of its land described in the Special Warranty Deed recorded in the Pima
County Recorder's office on March 20, 2019 at Sequence 20190790502; and
WHEREAS the predecessor in interest to Premier RV Storage dedicated 150 feet
of Tangerine Road right-of-way to the Town of Marana at no cost by two Warranty
Deeds recorded in the Pima County Recorder's office on May 19, 2003 at Docket 12053,
Pages 4019 and 4024 (Sequence Nos. 20030960648 and 20030960649) (the "2003 Deeds");
and
WHEREAS the 2003 Deeds provide for a Town initiated abandonment to be
processed if the right-of-way dedicated by the 2003 Deeds is determined to be
unnecessary for public purposes; and
WHEREAS the Town no longer needs the south 25 feet of the Tangerine Road
right-of-way dedicated by the 2003 Deeds except for a temporary construction easement
for the future construction of the Tangerine Road Phase 2 project, currently anticipated
to start construction in 2025; 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's receipt of the $2,500
application fee is appropriate consideration for the land being vacated by this resolution
for purposes of A.R.S. § 28-7208 based on the respective rights and obligations of the
parties under the terms of the 2003 Deeds and the limited marketability of the narrow
strip of land being vacated; 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 south 25 feet
of the public right-of-way of Tangerine Road dedicated by the 2003 Deeds, as
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particularly described in Exhibit A attached to the Special Warranty Deed found in the
agenda materials accompanying this resolution.
SECTION 2. The Mayor is hereby authorized to sign the Special Warranty Deed
in the form found in the agenda materials accompanying this resolution, conveying the
vacated right-of-way to Premier RV Storage, LLC , the owner of land adjacent to the
vacated right-of-way.
SECTION 3. 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 6th day of August, 2019.
Mayor Ed Honea
ATTEdAdir APPROV, i AS TO FORM:
410
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Cherry L. :wson, Town Clerk Fr. k C. si o y,Town A orney
Alep<s6k-
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MARANA AZ
ESTABLISHED 1977
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EXHIBIT A
SPECIAL WARRANTY DEED
Exempt: A.R.S. § 11-1134(A)(3)
THE TOWN OF MARANA (the "Grantor"), an Arizona municipal corporation, for the
consideration of TEN DOLLARS, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, does hereby vacate and transfer to PREMIER RV STORAGE,LLC
(the "Grantee"), an Arizona limited liability company, the following described right-of-way
situated in Pima County, Arizona (the "Property") pursuant to A.R.S. § 28-7205 and Marana
Resolution No. 2019-078:
THE SOUTH 25 FEET OF THE LAND CONVEYED BY WARRANTY DEED RECORDED
IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA, ON MAY 19,
2003 AT DOCKET 12053 PAGE 4024(SEQUENCE 20030960649)
RESERVING TO THE GRANTOR a temporary construction easement over the Property for
the construction of Tangerine Road improvements, which temporary construction easement
shall terminate on December 31, 2027 or 60 days after completion of the Tangerine Road
project, whichever occurs first.
AND RESERVING pursuant to A.R.S. § 28-7210 easements for utilities, pipelines,
telecommunications facilities, canals, or appurtenances to the extent such facilities existed on
the Property before the date of this deed.
SUBJECT TO reservations in patents and all covenants, conditions, restrictions,
obligations, and liabilities as may appear of record.
AND THE GRANTOR HEREBY BINDS itself and its successors to warrant and defend the
title against all acts of the Grantor, and no other, subject to the matters above set forth.
IN WITNESS WHEREOF, GRANTOR has caused this Special Warranty Deed to be signed by
the undersigned duly authorized officer this day of , 2019.
"GRANTOR":
THE TOWN OF MARANA, an Arizona
municipal corpo ation APPROVED AS TO SUBSTANCE:
By:
Ed Honea, M_1ayor eith Brann, Town Engineer
ATTEST: APPROVED A /Ps FORM:
Cherry L. Lawson, Town Clerk Frank assi I, 'own Atto- ey
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STATE OF ARIZONA )
Ss
County of Pima )
The foregoing instrument was acknowledged before me on 7 , 2019, by
Ed Honea, Mayor of THE TOWN OF MARANA, an Arizona municipal orporation, on its behalf.
(Seal)
Suzanne�
"� otary Public
', . ` xdi�v- My Comm. �es 09- 2022
Commission No.551302
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