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HomeMy WebLinkAboutResolution 2024-041 Vacating Unneeded Public Right-Of-Way located South of the existing cul-de-sac at Romero Pools Pl and Quit Claim Deed of Abandonment MARANA RESOLUTION NO. 2024-041 RELATING TO REAL ESTATE; VACATING UNNEEDED PUBLIC RIGHT-OF-WAY LOCATED SOUTH OF THE EXISTING CUL-DE-SAC AT ROMERO POOLS PLACE AND AUTHORIZING THE TOWN ENGINEER TO SIGN A QUIT CLAIM DEED OF ABANDONMENT FOR THE UNNEEDED RIGHT-OF-WAY IN FAVOR OF LOYAL A. MEHRHOFF AND PEGGY OYAMA WHEREAS the Town of Marana received fee title public right-of-way dedication for Romero Pools Place by Final Plat for Continental Reserve Block 16B,recorded at Book 58, Page 73,Sequence Number 20041320757; and WHEREAS Loyal A.Mehrhoff and Peggy Oyama,as the adjacent fee title property owners, have submitted a formal application for the Town to vacate and abandon the unneeded public right-of-way located south of the existing cul-del-sac at Romero Pools Place, in an area located outside the Town's publicly maintained roadway, and an area that encompasses the applicant's driveway directly adjacent to their residence located at 7222 W. Romero Pools Place (Lot 21 of Continental Reserve Block 16B) ; 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. 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 Romero Pools 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 Loyal A. Mehrhoff and Peggy Oyama, the property owners 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. 00079621.DOCX/1 Resolution No.2024-041 -1 - 3/30/2020 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of May 2024. SOA.. - Mayor E Honea ATTEST: APPRO D AS TO FORM: David Udall, Town Clerk J airall, own Attorney 41/ MARANA AZ ESTABLISHED 1977 00079621.DOCX/1 Resolution No.2024-041 - 2 - 3/30/2020 TM RICKExhibit A to Marana Resolution No. 2024-041 ENGINEERING COMPANY LEGAL DESCRIPTION THAT PORTION OF ROMERO POOLS PLACE, A PUBLIC RIGHT OF WAY, DEDICATED ON THE FINAL PLAT OF CONTINENTAL RESERVE BLOCK 16B, A SUBDIVISION RECORDED IN BOOK 58 OF MAPS AND PLATS AT PAGE 73, WITHIN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID FINAL PLAT; THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES UPON THE RIGHT OF WAY LINE OF SAID ROMERO POOLS PLACE: 1) THENCE NORTH 36°52'33" WEST 77.60 FEET; 2) THENCE NORTH 53°07'27" EAST 50.00 FEET TO A CURVE CONCAVE SOUTHERLY; 3) THENCE EASTERLY UPON THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 38°02'08", FOR AN ARC DISTANCE OF 33.19 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY; 4) THENCE EASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 11°41'34", FOR AN ARC DISTANCE OF 10.20 FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 76°38'12" EAST; THENCE SOUTHEASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 96°59'38", FOR AN ARC DISTANCE OF 84.64 FEET TO SAID RIGHT OF WAY LINE, A NON-TANGENT LINE; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES UPON SAID RIGHT OF WAY LINE: 1) THENCE SOUTH 36°03'59" WEST 3.85 FEET; 2) THENCE SOUTH 17°58'40" WEST 40.66 FEET; ��p LAND s 3) THENCE NORTH 89°52'49" WEST 62.88 FEET TO THE POINT v`'\�\F I CATF G� o OF BEGINNING. e 17479 15 t D©UGLAS E. SCHNEIDER 0 /6 /7 7n 9/06/23 f r T q� Signed p• CONTAINING 7,659 SQUARE FEET OR 0.176 ACRES, MORE OR LESS. ZoN A 11cp.rickeng.comlprojects1T0500015422_7222_W Romero_Pools_PIISurveylLegals15422LG01_ROW Abandonment.docx PAGE 1 OF 2 3945 East Fort Lowell Road•Suite 111 • Tucson • Arizona • 85712 • (520)795-1000 • www.rickengineering.com • \ 1 0. LOT 19 I i.� 1 SCALE: z \ \ 1 1 1"= 50' �'� m \ �e`\GAib'eG' \ x / \ \ I \ \ LOT 20 I r \ \ I \ \ \ \ / , \ RADIAL BEARING CA "A" \ 576'38'121E / \ 0 �i � EXISTING � ROW ♦��� CA "A" s / LOT 21 \ SUBJECT � Nr \ .ABANDONMENT `��4 \ •♦���♦ \ \ •♦ ♦ I\ \ \ \ 1 10' PUBLIC UTILITY, ROADWAY MAINTENANCE \ \ \ & SIGNAGE EASEMENT PER FINAL PLAT POINT OF -EPNG - EL PASO NATURAL GAS BEGINNING -T.G.&E. - TUCSON GAS & ELECTRIC (EASEMENTS ARE SHOWN PER FINAL PLAT) a Co g- 0 U EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION -,_ WITHIN THE NORTHEAST QUARTER SECTION 33, v c TOWNSHIP 12 SOUTH, RANGE 12 EAST, G&SRM, w TOWN OF MARANA, PIMA COUNTY, ARIZONA QJ 3945 EAST FORT LOWELL ROAD-SUITE 111 FQ. RICK TUCSON,AZ 85712 520-795-1000 O ENGINEERING COMPANY PAGE 2 OF 2 \\cp.rickeng.com\projects\TO5000\5422.7222_W_Romero_Pools_PI\Survey\Legals\5422LG01_ROW_Abandonment.dgn 06-SEP-2023 Exhibit B to Marana Resolution No. 2024-041 QUIT CLAIM DEED OF ABANDONMENT Exempt: A.R.S. §28-7210 THE TOWN OF MARANA, an Arizona municipal corporation, hereby quit claims in favor of Loyal A. Mehrhoff and Peggy Oyama,husband and wife,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 RESERVING easements,if any,pursuant to A.R.S. §28-7210 for the following as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b)existing canals,laterals or ditches and appurtenances,and (c) electric, telephone and similar lines and appurtenances. Further reserving,pursunt to A.R.S. §28-7215(A),rights of ingress and egress for public or emergency vehicles, all property owners, property owner guests and invitees and persons lawfully conducting business on the land over any portion of the abandoned property if and to the extent any land adjoining the abandoned roadway is left without a public or private legal access connecting the land with an established public roadway. SUBJECT TO reservations in patents and all covenants, conditions, restrictions, obligations, and liabilities as may appear of record. DATED , 2024. 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. 2024-xxx Notary Acknowledgment to Follow Page 1 of 4 STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on 2024, by Fausto Burruel, the Town Engineer of THE TOWN OF MARANA, an Arizona municipal corporation, on its behalf. (Seal) Notary Public Page 2 of 4 R I C K EXHIBIT A ENGINEERING COMPANY LEGAL DESCRIPTION THAT PORTION OF ROMERO POOLS PLACE, A PUBLIC RIGHT OF WAY, DEDICATED ON THE FINAL PLAT OF CONTINENTAL RESERVE BLOCK 16B, A SUBDIVISION RECORDED IN BOOK 58 OF MAPS AND PLATS AT PAGE 73, WITHIN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA&SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 21 OF SAID FINAL PLAT; THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES UPON THE RIGHT OF WAY LINE OF SAID ROMERO POOLS PLACE: 1) THENCE NORTH 36°52'33" WEST 77.60 FEET; 2) THENCE NORTH 53°07'27" EAST 50.00 FEET TO A CURVE CONCAVE SOUTHERLY; 3) THENCE EASTERLY UPON THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 38°02'08", FOR AN ARC DISTANCE OF 33.19 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY; 4) THENCE EASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 11°41'34", FOR AN ARC DISTANCE OF 10.20 FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 76°38'12" EAST; THENCE SOUTHEASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 96°59'38", FOR AN ARC DISTANCE OF 84.64 FEET TO SAID RIGHT OF WAY LINE, A NON-TANGENT LINE; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES UPON SAID RIGHT OF WAY LINE: 1)THENCE SOUTH 36°03'59" WEST 3.85 FEET; 2) THENCE SOUTH 17°58'40" WEST 40.66 FEET; �p lANO S 3) THENCE NORTH 89°52'49" WEST 62.88 FEET TO THE POINT �`�� EICATe• fre. OF BEGINNING. `� 17479 DOUGLAS E. SCHNEIDER 14 f q.%J6i23 f r CONTAINING 7,659 SQUARE FEET OR 0.176 ACRES, MORE OR LESS.R 9�Z�N P� `icp.rickeng.cormprojectsVT05000\5422_7222 W_Romero_Pools PI'Surrey\Legais5422LGOl_ROW_Abandonment.docx 3945 East Fort Lowell Road•Suite 111•Tucson •Arizona• 85712 •(520)795-1000•www.rickengineering.com Page 3 of 4 EXHIBIT A Continued aii jt\ c,‘It. bA 34.Cr<') --____ _ . l ' — Ell / LOT19 i 01 I SCALE: .. . I LLO i t7 I i/ 1": 50' 4,,c,tfr,.: \' lm \ ill` I O \ J \ LOT 20 �, y \ / . N. RADIAL BEARING / 1 CA"A" s753&'12E \ ---- - --/6 / --EXISTING x`' ROW Jy,,,,,,,,, ,,,.,'.,','‘x, :':6,. ,< \,.xC•, ,, CA A 2` ,~< , ' / \,/.,\:\ LOT 21a.4 `k' - v SUBJECT ?ABANDONMENT /') \______ , , , X , , ,.„ \. /WK ,i, \ a\ a 1 10' PUBLIC UTILITY, ROADWAY MAINTENANCE & SIGNAGE EASEMENT PER FINAL PLAT POINT OF -EPNG - EL PASO NATURAL GAS BEGINNING -T.G.&E. - TUCSON GAS & ELECTRIC (EASEMENTS ARE SHOWN PER FINAL PLAT) c E_ Q 0 V cp EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION ri WITHIN THE NORTHEAST QUARTER SECTION 33, TOWNSHIP 12 SOUTH, RANGE 12 EAST, G&SRM, TOWN OF MARANA, PIMA COUNTY, ARIZONA I 3945 EAST FORT LOWELL ROAD-SUITE 111 N TUCSON,AZ 85712 520-795-1000 (--i ENGINEERING COMPANY \\cp.rickeng.com\projects\TOSOGO\5<?22_7222_W_Romerc_Pools_PI\Survey`.Legals\5422LCOI_ROW_Abandonment.dgn C6-SEP-2023 Page 4 of 4