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HomeMy WebLinkAboutResolution 2020-133 Vacating a Portion of that Public ROA W Tangerine RD, W of I-10, Fronting Property Owned by Tangerine/I-10 LLC and International Center Tucson LLC/Secundus Tucson LLC MARANA RESOLUTION NO. 2020-133 RELATING TO REAL ESTATE; VACATING A PORTION OF THAT PUBLIC RIGHT-OF-WAY OF WEST TANGERINE ROAD, WEST OF INTERSTATE 10, FRONTING PROPERTY OWNED BY TANGERINE/I-10 LLC AND INTERNATIONAL CENTER TUCSON LLC/SECUNDUS TUCSON LLC WHEREAS the Town has received a request from Tangerine/I-10 LLC, on behalf of Tangerine/I-10 LLC and International Center Tucson LLC/Secundus Tucson LLC, owners of property located on Tangerine Road west of Interstate 10,to abandon a portion of the Tangerine Road right-of-way fronting their property (the "Abandonment Area"); and WHEREAS the right-of-way for Tangerine Road (formerly designated as Tangerine Farms Road)west of Interstate 10 is 250 feet,which includes 150 feet to support an arterial roadway and an additional 100 feet to support a linear drainage buffer and trail; and WHEREAS the predecessor in interest to Tangerine/I-10 LLC dedicated multiple portions of right-of-way to the Town for Tangerine Farms Road and Tangerine Road at no cost pursuant to the terms of the Tangerine Commerce Park Right-of-Way Exchange and Development Agreement recorded in the Pima County Recorder's office on December 22, 2005 at Docket 12706, Page 1578 (Sequence No. 20052470430) (the "Tangerine Commerce Park DA"); and WHEREAS Town staff has reviewed the abandonment request and determined that no drainage buffer was built or necessary in the Abandonment Area and that the Town's interests will not be impacted by abandoning the southern 35 feet of the original 100 feet of buffer; 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 Tangerine Commerce Park DA 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. Resolution No.2020-133 - 1 - 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 that portion of the Tangerine Road right-of-way more particularly described and depicted in Exhibit A attached to and incorporated within this resolution by this reference. SECTION 2. The Town Engineer is hereby authorized to execute quit-claim deeds of abandonment in favor of the owners of land adjacent to the Abandonment Area in the form of Exhibit B attached to and incorporated within this resolution by this reference, evidencing the transfer of title to the Abandonment Area in accordance with the requirements of and as prescribed by A.R.S. § 28-7205. 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 15th day of December, 2020. 4-(7r/( i--11/ ck_____, Mayor Ed Honea ATTE . APPROV 9 AS TO FORM: Ar I �LLLi�, Jen- Z_ ../L_� Cherry L. awson, Town Clerk Jaairall, own Attorney 11116, IIIIIIMINIIIIIMIIIIIIMgaw ii. MARANA AZ ESTABLISHED 1977 Resolution No.2020-133 - 2 - CYPRESS EXHIBIT A CIVIL Job No. 20.035 October 30, 2020 LEGAL DESCRIPTION — RIGHT-OF-WAY ABANDONMENT A Right-of-Way Abandonment over a portion of Tangerine Road, adjacent to Parcel B of the map recorded in Book 58 at Page 25 of Surveys, Records of Pima County, located in the North half of Section 1, Township 12 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the Northwest corner of said Section 1, said corner being a 4-inch brass cap in casing stamped "T.O.M.", from which the North one-quarter corner of said Section 1 bears North 89°27'45" East at 2,642.19 feet distant, said comer being a 4-inch diameter aluminum cap stamped "1/4"; Thence North 89°27'45" East 1,723.23 feet upon the North line of said Section 1 to the Point of Beginning; Thence South 00°32'15" East 15.00 feet to the South right-of-way line of said Tangerine Road; Thence North 89°27'45" East 919.12 feet upon said right-of-way; Thence North 89°27'19" East 55.03 feet upon said right-of-way to a tangent curve, turning to the right, concave to the South, with a radius of 1800.00 feet; Thence Southeasterly upon the South right-of-way line of said Tangerine road, upon said curve, through a delta angle of 5°21'30" and an arc length of 168.34 feet; Thence North 00°32'15" West 42.84 feet; Thence South 89°27'45" West 1142.24 feet; Thence South 00°32'15" East 20.00 feet to the Point of Beginning. The area of said abandonment contains 40,417.1 square feet or 0.93 acres, more or less. 0 U LAND � CATF�G,A 41603, o S JOHN DAVID, o ' REYES o\`' 0 GNED ;Y PP E S,4q o SR SU PHS NrX 4450 N 12th St,,Suite 228,Phoenix.Arizona 85014 P 623 282 2498 2030 E Speedway Blvd,.Suite 110,Tucson,Arizona 85719 P 520 499 2456 DKT. 12837 PG. 5258, BK. 58 PG. 25, SURVEYS TANGERINE ROAD TOWN OF MARANA RESOLUTION 2015-088 RIGHT-OF-WAY N.1/4 CORNER — POINT OF ABANDONMENT SECTION 1 NORTH LINE COMMENCEMENT POINT OF 40,417.1 S.F.± 4" ALUMINUM CAP SECTION 1 BEGINNING L7 0.93 ACRES± L6 r J.....71X45"' E- -76-42-T�'— — . ... . ...... ..................... L2 N.W. CORNER SECTION 1I A.P.N. 215-01-003T 1 A.P.N. 215-01-003S A.P.N.I 4" BRASS CAP 9924 W TANGERINE RD I 1 I 9831 W TANGERINE RD 215-01-g03U IN CASING I I NO ADDR SS STAMPED "T.O.M." - - - - - - \ I I I SCALE: LINE TABLE CURVE TABLE 1"=200' LINE BEARING DISTANCE CURVE RADIUS DELTA ANGLE ARC LENGTH �p LAND L1 N 89'27'45" E 1723.23' Cl 1800.00' 05'21'30" 168.34' � \:110640736'161/4‘, FicgTF SGA L2 S 00'32'15" E . 15.00' --..c'). <16\� 41603 do m c� L3 N 89'27'45" E 919.12' w JOHN DAVIDo 0 L4 N 89'27'19" E 55.03' cc ' REYES o�ti L5 N 00'32'15" W 42.84' NOTE: THIS MAP IS '9 S,GNED,s, L6 S 89'27'45" W 1142.24' �� P L7 S 00'32'15" E 20.00' REEPRESEDOES ONT A :SUP- BOUNDARY SURVEY. qv,/ PROJECT NO. 20.035 ild CYPRESS 2030 e speedway blvd A RIGHT-OF-WAY ABANDONMENT suite o10 rizona 85719 OVER A PORTION OF TANGERINE ROAD 4 V L ph: 520.499.2456 LOCATED IN THE NORTH 1/2 OF SECTION 1, T.12 S., R.11 E., e: in fo©cypresscivil.com G.& S.R.M., PIMA COUNTY, ARIZONA OCT. 30, 2020 Exhibit B to Marana Resolution No. 2020-133 QUIT CLAIM DEED OF ABANDONMENT Exempt: A.R.S. § 11-1134 (A) (3) THE TOWN OF MARANA,an Arizona municipal corporation,hereby quit-claims in favor of [^INSERT NAME OF ADJACENT PROPERTY OWNER], [^insert description of adjacent property owner], the following described real property situated in Pima County, Arizona: SEE LEGAL DESCRIPTION AND DEPICTION ATTACHED AS EXHIBIT "A" TO THIS QUIT CLAIM DEED OF ABANDONMENT AND INCORPORATED HERE BY THIS REFERENCE DATED December , 2020. THE TOWN OF MARANA, an Arizona municipal corporation APPROVED AS TO FORM: By: `�� L a 1(/' Keith Brann, Town Engineer* Jane Fairall, Town Attorney *Per Marana Resolution No. 2020-133 STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on December , 2020,by Keith Brann, Town Engineer of THE TOWN OF MARANA, an Arizona municipal corporation, on its behalf. (Seal) Notary Public 00073549.DOCX/1