HomeMy WebLinkAboutResolution 2022-096 Vacating the remaining unneeded public right of way located South of Tangelo Park Place Quit Claim Deed Cemex MARANA RESOLUTION NO. 2022-096
RELATING TO REAL ESTATE; VACATING THE REMAINING UNNEEDED PUBLIC
RIGHT-OF-WAY LOCATED SOUTH OF THE NEW TERMINUS POINT OF TANGELO
PARK PLACE AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE A QUIT
CLAIM DEED OF ABANDONMENT FOR THE UNNEEDED RIGHT-OF-WAY IN
FAVOR OF CEMEX, INC.
WHEREAS the Town of Marana received fee title to the Tangelo Park Place public
right-of-way from Cemex,Inc.by Special Warranty Deed originally recorded in the office
of the Pima County Recorder on December 22,2005, in Docket 12706,beginning on Pages
7049 through 7056, and as re-recorded to correct the legal descriptions by Notice of
Scrivener's Error recorded in the office of the Pima County Recorder on September 1,
2006, in Docket 12881, beginning on Pages 421 through 439; and
WHEREAS the Marana Town Council adopted the Town of Marana 2040 General
Plan, specifically Figure 2-4 Future Circulation, which removed the Tangelo Park Place
alignment as a Proposed Major Route; and
WHEREAS the Town's Planning Manager approved and adopted a Minor
Administrative Amendment to the Tangerine Commerce Park Specific Plan, modifying
the specific plan to shorten Tangelo Park Place and allowing for the abandonment of
unneeded public right-of-way; and
WHEREAS the Marana Town Council approved the Amended Final Plat for
Tangerine/I-10 Lots 3-5 & Block 1, recorded at Sequence Number 20221610285, which
shortened Tangelo Park Place, terminating the public right-of-way at a cul-de-sac, and
abandoned portions of the unneeded public right-of-way, including the eastern 75 feet of
Tangelo Park Place south of the new terminus point; and
WHEREAS Cemex, Inc., as the adjacent fee title property owner, has submitted a
formal request for the Town to vacate and abandon the remaining unneeded public right-
of-way, which is the western 75 feet of Tangelo Park Place south of the new terminus
point; 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 Mayor and Council of the Town of Marana find that the public
interests are served by approving this resolution.
00083581.DOCX/1
Resolution No. 2022-096 - 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
Tangelo Park Place 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 a Quit Claim
Deed of Abandonment in favor of Cemex, Inc., the land owner 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 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 20th day of September, 2022.
.//(1
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
amirip
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David L. Udall, Town Clerk Jairall, Town Attorney
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MARANA AZ
ESTABLISHED 1977
00083581.DOCX/1
Resolution No. 2022-096 -2 -
Exhibit A to Marana Resolution No. 2022-096
ON POINT SURVEYING, PLLC
onpointsurveygrouoPgmail.com
EXHIBIT A
RIGHT OF WAY ABANDONMENT
LEGAL DESCRIPTION
A portion of North Tangelo Park Place Right of Way as originally dedicated by Special Warranty Deed,
Docket 12881, Page 421,and described in in the Amended Final Plat for Tangerine/I-10 Lots 3 through 5
and Block 1,Sequence Number 20221610285 in the Office of the Recorder, Pima County,Arizona
situated in a portion of the Northeast Quarter of Section 1,Township 12 South, Range 11 East and a
portion of the Northwest Quarter of Section 6,Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County,Arizona, described as follows:
Commencing at a 3 inch aluminum cap stamped PSOMAS S36/S31,S1/S6, R11E, R12E,T12S, RLS 18657
monumenting the Northeast corner of said Section 1,thence South 00 degrees 27 minutes 14 seconds
East,along the east line of said Northeast Quarter,a distance of 2638.01 feet to a General Land Office
Stone with a scribed X monumenting the West Quarter corner of said Section 1 being The Point of
Beginning;
Thence North 89 degrees 30 minutes 15 seconds East,a distance of 17.92 feet to a point on the
northeasterly right of way line of said North Tangelo Park Place being a point on a non-tangent curve
having a radial bearing of South 73 degrees 53 minutes 01 seconds West and a distance of 930.00 feet;
Thence along said curve to the left,through a central angle of 34 degrees 04 minutes 05 seconds, a
distance of 552.98 feet;
Thence continue along said right of way line North 50 degrees 11 minutes 04 seconds West,a distance
of 611.06 feet to a point on a curve having a radius of 930.00 feet;
Thence continue along said right of way line,along said curve to the right, through a central angle of 25
degrees 45 minutes 46 seconds,a distance of 418.17 feet to a compound curve have a radius of 480.00
feet;
Thence departing said right of way,along said compound curve to the right,through a central angle of
21 degrees 02 minutes 22 seconds, a distance of 176.26 feet;
Thence North 03 degrees 22 minutes 56 seconds West,a distance of 44.24 feet to a point on a non-
tangent curve having a radial bearing of North 30 degrees 45 minutes 44 seconds West and a distance of
60.50 feet;
Thence along said curve to the right, through a central angle of 59 degrees 30 minutes 37 seconds, a
distance of 62.84 feet;
Thence South 03 degrees 22 minutes 56 seconds East,a distance of 27.19 feet;
PAGE 1 OF 3
Exhibit A to Marana Resolution No. 2022-096
Thence South 75 degrees 11 minutes 47 seconds West,a distance of 34.60 feet to a point on the
westerly Right of Way line of said North Tangelo Park Place being a point on a non-tangent curve having
a radial bearing of North 78 degrees 05 minutes 57 seconds East and a distance of 1005.00 feet;
Thence along said Right of Way line,along said curve to the left,through a central angle of 38 degrees
17 minutes 01 seconds,a distance of 671.52 feet;
Thence continue along said Right of Way line South 50 degrees 11 minutes 04 seconds East,a distance
of 611.06 feet to a point on a curve having a radius of 855.00 feet;
Thence continue along said Right of Way line,along said curve to the right,through a central angle of 32
degrees 39 minutes 29 seconds,a distance of 487.34 feet;
Thence departing said Right of Way line North 89 degrees 30 minutes 15 seconds East,a distance of
60.22 feet to the Point of Beginning.
The above described Right of Way abandonment contains 3.118 acres, more or less.
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PAGE 2 OF 3
IExhibit A to Marana Resolution No. 2022-096 N P.O.G.
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LINE BEARING DISTANCE
L1 N 89'30'15" E 17.92' 0
L2 N 03'22'56" W 44.24'
L3 S 03'22'56" E 27.19'
L4 S 75'11'47" W 34.60'
L5 N 89'30'15" E 60.22'
CURVE RADIUS ARC LENGTH DELTA ANGLE RADIAL BEARING
Cl 930.00' 552.98' 34°04'05" S 73'53'01" W
C2 930.00' 418.17' 25'45'45" N 39'48'56" E L5 ;k
03 480.00' 176.26' 21'02'22" N 65'34'42" E E l
C4 60.50' 62.84' 59°30'37" N 30'45'44" W P.O.B.
05 1005.00' 671.52` 38'17'01" N 78°05'57" E
C6 855.00' 487.34' 32'39'29" S 39'48'56" W W. Y4
SEC.1
DEPICTION OF EXHIBITA
PUBLIC RIGHT OF WAY ABANDONMENT OFA
Page Job# 22054 PORTION OF TANGELO PARK PLACE AS
ON POINT SURVEYING, PLLC DESCRIBED 1N TANGERINE/I-10 LOTS 3-5,
3 of 3 Date: 08/19/2022 (520)490-2467 (520)279-1884 BLOCK 1 SEQ#20221610285, SITUATED
onpointsurveygroup@gmail.com SECTION 1,T-12-S, R-11-E, &SECTION 6,
Not to Scale T-12-S, R-12-E, GILA&SALT RIVER MERIDIAN
PIMA COUNTY,ARIZONA
Exhibit B to Marana Resolution No. 2022-096
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 Cemex, Inc., a Louisiana corporation, 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 , 2022.
THE TOWN OF MARANA, an Arizona
municipal corporation APPROVED AS TO FORM:
By:
Fausto Burruel, Town Engineer* Jane Fairall, Town Attorney
*Per Marana Resolution No. 2022-
STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on
2022, by Fausto Burruel, Town Engineer of THE TOWN OF MARANA, an Arizona municipal
corporation, on its behalf.
(Seal)
Notary Public
00074647.DOCX/1
Exhibit B to Marana Resolution No. 2022-096
ON POINT SURVEYING, PLLC
onpointsurvevgroup@gmail.com
EXHIBIT A
RIGHT OF WAY ABANDONMENT
LEGAL DESCRIPTION
A portion of North Tangelo Park Place Right of Way as originally dedicated by Special Warranty Deed,
Docket 12881, Page 421,and described in in the Amended Final Plat for Tangerine/I-10 Lots 3 through 5
and Block 1,Sequence Number 20221610285 in the Office of the Recorder, Pima County,Arizona
situated in a portion of the Northeast Quarter of Section 1,Township 12 South, Range 11 East and a
portion of the Northwest Quarter of Section 6,Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County,Arizona, described as follows:
Commencing at a 3 inch aluminum cap stamped PSOMAS S36/S31,S1/S6, R11E, R12E,T12S, RLS 18657
monumenting the Northeast corner of said Section 1,thence South 00 degrees 27 minutes 14 seconds
East,along the east line of said Northeast Quarter,a distance of 2638.01 feet to a General Land Office
Stone with a scribed X monumenting the West Quarter corner of said Section 1 being The Point of
Beginning;
Thence North 89 degrees 30 minutes 15 seconds East, a distance of 17.92 feet to a point on the
northeasterly right of way line of said North Tangelo Park Place being a point on a non-tangent curve
having a radial bearing of South 73 degrees 53 minutes 01 seconds West and a distance of 930.00 feet;
Thence along said curve to the left,through a central angle of 34 degrees 04 minutes 05 seconds,a
distance of 552.98 feet;
Thence continue along said right of way line North 50 degrees 11 minutes 04 seconds West,a distance
of 611.06 feet to a point on a curve having a radius of 930.00 feet;
Thence continue along said right of way line,along said curve to the right,through a central angle of 25
degrees 45 minutes 46 seconds,a distance of 418.17 feet to a compound curve have a radius of 480.00
feet;
Thence departing said right of way,along said compound curve to the right,through a central angle of
21 degrees 02 minutes 22 seconds,a distance of 176.26 feet;
Thence North 03 degrees 22 minutes 56 seconds West,a distance of 44.24 feet to a point on a non-
tangent curve having a radial bearing of North 30 degrees 45 minutes 44 seconds West and a distance of
60.50 feet;
Thence along said curve to the right, through a central angle of 59 degrees 30 minutes 37 seconds, a
distance of 62.84 feet;
Thence South 03 degrees 22 minutes 56 seconds East,a distance of 27.19 feet;
PAGE 10F 3
Exhibit B to Marana Resolution No. 2022-096
Exhibit "A" continued
Thence South 75 degrees 11 minutes 47 seconds West,a distance of 34.60 feet to a point on the
westerly Right of Way line of said North Tangelo Park Place being a point on a non-tangent curve having
a radial bearing of North 78 degrees 05 minutes 57 seconds East and a distance of 1005.00 feet;
Thence along said Right of Way line,along said curve to the left,through a central angle of 38 degrees
17 minutes 01 seconds,a distance of 671.52 feet;
Thence continue along said Right of Way line South 50 degrees 11 minutes 04 seconds East, a distance
of 611.06 feet to a point on a curve having a radius of 855.00 feet;
Thence continue along said Right of Way line,along said curve to the right,through a central angle of 32
degrees 39 minutes 29 seconds,a distance of 487.34 feet;
Thence departing said Right of Way line North 89 degrees 30 minutes 15 seconds East,a distance of
60.22 feet to the Point of Beginning.
The above described Right of Way abandonment contains 3.118 acres, more or less.
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PAGE 2 OF 3
Exhibit B to Marana Resolution No. 2022-096s P.O.C.
/ NE COR.
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LINE BEARING DISTANCE
L1 N 89'30'15" E 17.92' 06' I
L2 N 03'22'56" W 44.24'
L3 S 03'22'56" E 27.19'
L4 S 75'11'47" W 34.60'
L5 N 89'30'15" E 60.22'
CURVE RADIUS ARC LENGTH _DELTA ANGLE RADIAL BEARING
Cl 930.00' 552.98' 34'04'05" S 73'53'01" W L5 ,`
C2 930.00' 418.17' 25'45'46" N 39'48'56" E
C3 480.00' 176.26w 21'02'22" N 65'34'42" E .. 1
C4 60.50` 62.84' 59'30'37" N 30'45'44" W P.O.B.
C5 1005.00' 671.52' 38'17'01" N 78°05'57" E
C6 855.00' 487.34' 32'39'29" S 39'48'56" W W. Y4
SEC.1
DEPICTION OF EXHIBIT
PUBLIC RIGHT OF WAY ABANDONMENT OFA
Page Job# 22054 PORTION OF TANGELO PARK PLACE AS
ON POINT SURVEYING, PLLC DESCRIBED IN TANGERINE/I-10 LOTS 3-5,
3 of 3 Date: 08/19/2022 (520)490-2467 (520)279-1884 BLOCK 1 SEQ#20221610285, SITUATED
onpointsurveygroup@gmail.com SECTION 1,T-12-S, R-11-E, &SECTION 6,
Not to Scale T-12-S, R-12-E, GILA&SALT RIVER MERIDIAN,
PIMA COUNTY,ARIZONA J
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 Cemex, Inc., a Louisiana corporation, 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 gCpt v\ , 2022.
THE TOWN OF MARANA, an Arizona
municipal corporation APPROVED AS TO FORM:
(��_��
Fausto Burruel, Town Engineer* J'Fairall,_Town Attorney
*Per Marana Resolution No. 2022-01(0
STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on sfVi MkA( 2- ,
2022, by Fausto Burruel, Town Engineer of THE TOWN OF MARANA, an Arizona municipal
corporation, on its behalf.
(Seal)
Freya Arnesen r/Ve 6(44//, '"L
Notary Public
=1 Pima County,Arizona Notary Public
' My Comm.Expires 06-30-26
Commission No.630123
00074647.DOCX/1
ON POINT SURVEYING, PLLC
onpointsurvevgroup@gmail.com
EXHIBIT A
RIGHT OF WAY ABANDONMENT
LEGAL DESCRIPTION
A portion of North Tangelo Park Place Right of Way as originally dedicated by Special Warranty Deed,
Docket 12881, Page 421,and described in in the Amended Final Plat for Tangerine/I-10 Lots 3 through 5
and Block 1,Sequence Number 20221610285 in the Office of the Recorder, Pima County,Arizona
situated in a portion of the Northeast Quarter of Section 1,Township 12 South, Range 11 East and a
portion of the Northwest Quarter of Section 6,Township 12 South, Range 12 East,Gila and Salt River
Meridian, Pima County,Arizona,described as follows:
Commencing at a 3 inch aluminum cap stamped PSOMAS S36/S31,S1/S6, R11E, R12E,T12S, RLS 18657
monumenting the Northeast corner of said Section 1,thence South 00 degrees 27 minutes 14 seconds
East,along the east line of said Northeast Quarter,a distance of 2638.01 feet to a General Land Office
Stone with a scribed X monumenting the West Quarter corner of said Section 1 being The Point of
Beginning;
Thence North 89 degrees 30 minutes 15 seconds East,a distance of 17.92 feet to a point on the
northeasterly right of way line of said North Tangelo Park Place being a point on a non-tangent curve
having a radial bearing of South 73 degrees 53 minutes 01 seconds West and a distance of 930.00 feet;
Thence along said curve to the left,through a central angle of 34 degrees 04 minutes 05 seconds,a
distance of 552.98 feet;
Thence continue along said right of way line North 50 degrees 11 minutes 04 seconds West,a distance
of 611.06 feet to a point on a curve having a radius of 930.00 feet;
Thence continue along said right of way line,along said curve to the right,through a central angle of 25
degrees 45 minutes 46 seconds,a distance of 418.17 feet to a compound curve have a radius of 480.00
feet;
Thence departing said right of way, along said compound curve to the right,through a central angle of
21 degrees 02 minutes 22 seconds,a distance of 176.26 feet;
Thence North 03 degrees 22 minutes 56 seconds West, a distance of 44.24 feet to a point on a non-
tangent curve having a radial bearing of North 30 degrees 45 minutes 44 seconds West and a distance of
60.50 feet;
Thence along said curve to the right,through a central angle of 59 degrees 30 minutes 37 seconds, a
distance of 62.84 feet;
Thence South 03 degrees 22 minutes 56 seconds East,a distance of 27.19 feet;
PAGE 1 OF 3
Exhibit "A" continued
Thence South 75 degrees 11 minutes 47 seconds West,a distance of 34.60 feet to a point on the
westerly Right of Way line of said North Tangelo Park Place being a point on a non-tangent curve having
a radial bearing of North 78 degrees 05 minutes 57 seconds East and a distance of 1005.00 feet;
Thence along said Right of Way line,along said curve to the left,through a central angle of 38 degrees
17 minutes 01 seconds,a distance of 671.52 feet;
Thence continue along said Right of Way line South 50 degrees 11 minutes 04 seconds East,a distance
of 611.06 feet to a point on a curve having a radius of 855.00 feet;
Thence continue along said Right of Way line,along said curve to the right,through a central angle of 32
degrees 39 minutes 29 seconds,a distance of 487.34 feet;
Thence departing said Right of Way line North 89 degrees 30 minutes 15 seconds East, a distance of
60.22 feet to the Point of Beginning.
The above described Right of Way abandonment contains 3.118 acres, more or less.
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PAGE 2 OF 3
r Exhibit "A" continued N P.O.C.
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LINE BEARING DISTANCE
L1 N 89'30'15" E '7.92' 6
L2 N 03'22'56" W 44.24'
L3 S 03'22'56" E 27.19'
L4 S 75'11'47" W 34.60'
L5 N 89'30'15" E 60.22'
CURVE RADIUS ARC LENGTH DELTA ANGLE RADIAL BEARING
Cl 930.00' 552.98' 34'04'05" S 73'53'01" W
C2 930.00' 418.17' 25'45'46" N 39'48'56" E L5 '`
C3 480.00' '76.26' 2':'02'22" _N 65'34'42" E '- '
C4 60.50' 62.84' 59'30'37" N 30'45'4 " \N P.O.B.---
.
105 1005.00' 671.52' 38'17'01" N 78'05'57" E
06 855.00' 487.34' 32'39'29" S 39'48'56" W W. Y4
SEC.1
DEPICTION OF EXHIBITA
PUBLIC RIGHT OF WAY ABANDONMENT OF A
Page Job# 22054 PORTION OF TANGELO PARK PLACE AS
ON POINT SURVEYING, PLLC DESCRIBED IN TANGERINE/I-10 LOTS 3-5,
3 of 3 Date: 08/19/2022 (520)490-2467 (520)279-1884 BLOCK 1 SEQ#20221610285, SITUATED
onpointsurveygroup@gmail.com SECTION 1,T-12-S, R-11-E, &SECTION 6,
Not to Scale T-12-S, R-12-E, GILA&SALT RIVER MERIDIAN,/
PIMA COUNTY,ARIZONA