HomeMy WebLinkAboutResolution 2020-004 Authorizing the Quit Claim Deed for the Rillito CutoffMARANA RESOLUTION NO. 2020-004
RELATING TO REAL ESTATE; VACATING AND AUTHORIZING THE TOWN
ENGINEER TO SIGN A QUIT CLAIM DEED FOR "RILLITO CUTOFF" ON THE
PROPERTY OWNED BY BETHANIE LEE LOCATED IMMEDIATELY NORTH OF
SONORAN VISTA SUBDIVISION AND WEST OF THE TOWN'S EL RIO PRESERVE
WHEREAS Pima County mapping and Pima County Assessor's records show an
untaxed strip of land, identified in historic maps as a portion of "Rillito Cutoff," cutting
northeasterly through property owned by Bethanie Lee located immediately north of
Sonoran Vista subdivision and west of the Town's El Rio Preserve; and
WHEREAS the Town's Legal Department has researched the real estate title
associated with the Rillito Cutoff across the Bethanie Lee property, and finds that (i) no
public access rights are associated with it and (ii) any non-public access rights
associated with it are held by the Cortaro-Marana Irrigation District and Cortaro Water
Users' Association for maintenance of a major irrigation pipeline that follows the same
alignment; and
WHEREAS Bethanie Lee and her title company, Fidelity National Title Agency,
have requested recordable documentation, in the form of a quit claim deed, confirming
that the Town of Marana on behalf of the public makes no claim of ownership to Rillito
Cutoff across the Bethanie Lee property; and
WHEREAS Town staff supports the Town's signing of a quit claim deed for
Rillito Cutoff across the Bethanie Lee property, but does not believe prior Council
actions give Town staff authority to sign it; and
WHEREAS the Town's failure to sign a quit claim deed for Rillito Cutoff across
the Bethanie Lee property will inevitably lead to the formal demand and quiet title
process outlined by Arizona Revised Statutes section (A.R.S. §) 12-1103 ("Disclaimer of
interest and recovery of costs; request for quit claim deed..."), which would include
payment of the property owner's costs and attorneys' fees as set by the court; and
WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240 (13)(3)(e) and
28-7205 to vacate and abandon Town roadways; and
WHEREAS the Town Council finds that, for purposes of A.R.S. § 28-7208, no
consideration or payment should be required for the land being vacated and quit-
claimed by this resolution because there are no property rights held by or being
relinquished by the "public" or the Town with respect to Rillito Cutoff across the
Bethanie Lee property, and this action is being taken simply to quiet title; and
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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 Rillito Cutoff
across the Bethanie Lee property.
SECTION 2. The Town Engineer is hereby authorized to sign the Quit Claim
Deed in substantially the form found in the agenda materials accompanying this
resolution.
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 21s' day of January 2020.
ATTES
Cherry L. L son, Town Clerk
xs&
MARANA AZ
ESTABLISHED 1977
Mayor E Honea
APPROVES AS TO FORM:
Town A
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