HomeMy WebLinkAboutResolution 2020-085 Vacating Public Right-of-Way South of the Santa Cruz River MARANA RESOLUTION NO. 2020-085
RELATING TO REAL ESTATE; VACATING THAT PUBLIC RIGHT-OF-WAY
LOCATED SOUTH OF THE SANTA CRUZ RIVER AND NORTH OF THE CENTRAL
ARIZONA PROJECT CANAL AND DEDICATED TO THE TOWN IN 2004 BY DEED
OF DEDICATION FROM B.K.W. FARMS, INC.
WHEREAS the Town of Marana received a Deed of Dedication from B.K.W.
Farms, Inc., dated May 27, 2004 and recorded in the office of the Pima County Recorder
on June 1, 2004, at Docket 12313 Page 4078 (Sequence 20041050645) (the "BKW Deed");
and
WHEREAS the BKW Deed dedicated to the Town 17.050 acres of right-of-way
located immediately north of the Central Arizona Project canal and south of the Santa
Cruz River for a possible future public roadway to connect Tangerine Road to Avra
Valley Road (the "connecting road right-of-way"); and
WHEREAS the BKW Deed included a reversionary clause providing for the
automatic reversion to B.K.W. Farms, Inc. of title to the connecting road right-of-way if
the connecting roadway is not constructed on or before the 20th anniversary of the BKW
Deed; and
WHEREAS the Town has no current plans to build the connecting roadway; and
WHEREAS the Town has received an application for a license to construct a
conveyor belt across the connecting road right-of-way; 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 vacating the connecting road right-of-
way is more efficient than dealing with the license application, and finds that the value
of the connecting road right-of-way is nominal in light of the reversionary clause; 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 connecting
road right-of-way as described in the BKW Deed.
00071378.DOCX/1
Marana Resolution No.2020-085 - 1 - 7/31/2020 10:32 AM
SECTION 2. The Town Engineer is hereby authorized to sign the Quit Claim
Deed of Abandonment in substantially the form found in the agenda materials
accompanying this resolution, quit-claiming the connecting road right-of-way to B.K.W.
Farms, Inc., the original grantor and current owner of the adjacent land.
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 18th day of August, 2020.
Mayor Ed Honea
ATTE . ': APPR• ; D AS TO ORM:
v./SO
Cherry L. La 'son, Town Clerk F ' Cas 117y, Town Attorney
MARANA AZ
- S IABL SHED 1977
00071378.DOCX/1
Marana Resolution No.2020-085 - 2 - 7/31/2020 10:32 AM