HomeMy WebLinkAboutResolution 2004-031 abandoning a portion of a no access easement public drainage ease on lot 92 of continental ranch parcel 51 F. ANN RODRIGUEZ, RECORDER
RECORDED BY: LAM
DEPUTY RECORDER
6545
5M~RA
?0WR 0F ~M~,.NA
ATTN~ TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET= 12322
PAOEa 1346
NO. OF PAOES= 5
PE4 SEQuenCE= 20041140285
06/14/2004
RES 14:46
MAIL
AMOUNT PAID $
MARANA RESOLUTION NO. 2004-31
8.00
RELATING TO REAL ESTATE; ABANDONING OF A PORTION OF THE ONE-FOOT
NO-ACCESS EASEMENT AND PUBLIC DRAINAGE EASEMENT ON LOT 92 OF
CONTINENTAL RANCH, PARCEL 51.
WHEREAS, an application for abandonment of a portion of thc one-foot no-access
easement and the public drainage easement on Lot 92 of Continental Ranch, Parcel 51, located at
6656 W. Calle Lorensita recorded with the Pima County Recorder's Office in Maps and Plats
Book 48, Page 58 has been submitted to the Town by the property owners, Phylip and Nidia
Eloisa Jones; and
WHEREAS, the definition of"public right-of-way" or 'Tight-of-way" in A.R.S.
§ 48-4475 includes highway, street, road, alley or other right-of-way of a governmental entity;
and
WHEREAS, the Mayor and Council have authority pursuant to A.R.S. § 28-7215 to
extinguish public easements by resolution; and
WHEREAS, thc Town of Marana holds thc one-foot no-access casement and the public
drainage easement; and
WHEREAS, the Mayor and Council have determined that a portion of the one-foot
no-access easement and the public drainage easement on LOt 92 of Continental Ranch, Parcel 51,
located at 6656 W. Calle Lorensita recorded with the Pima County Recorders Office in Maps and
Plats Book 48, Page 58, should be abandoned as shown on the attached Exhibit A and legally
described in Exhibit B and C (the "Subject Abandonment"); and
WHEREAS, notice of the Subject Abandonment has been posted on the property and
published in the appropriate manner; and
WHEREAS, the Mayor and Council have determined that the Subject Abandonment is of
no monetary value due to its location and degree of fragmentation.
C
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Subject Abandonment is hereby abandoned based on the following
conditions:
A perpetual easement shall be reserved over the Subject Abandonment in conformance
with A.R.S. § 28-7210 for existing:
a)
b)
c)
sewer, gas, water or similar pipelines and appurtenances
canals, laterals or ditches, and appurtenances
electric, telephone and similar lines and appurtenances.
Natural drainage shall not be altered, disturbed, or obstructed without written approval by
the Town of Marana. The property owner, successors, and assigns shall accept all
responsibility for the control, maintenance, safety, and liability of the land described in
the legal description attached as Exhibit C.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 16th day of March, 2004.
Ma
C
ATTEST:
HSFrankCk20040316 Council Mtg~Resolution 2004-31
2
Phylip Lee & Nidia Eloisa Jones
6656 W Calie Lorensita
Tucson, ~ 8574~8105
EXHIBIT A
September 22, 2003
WLB No.191047-A001-1003
W;~LEGALS[191047U.OT92-ABAN.doc
LEGAL DESCRIPTION
ABANDONMENT OF 1' NO PUBLIC ACCESS EASEMENT
PARCEL 5t CONTINENTAL RANCH
(LOT 92)
A stdp of lend' 1.00 foot wide within Lot 92 of Pan:el 51 Continental Ranch, recorded in Book 48
of Maps and Plats, Page 58, within Section 34, Township 12 South, Range 12 East, Gila and
SaJt River Meridian, Pima County, Arizona, lying adjacent to and contiguous ~ the
Northwesterly of the following described line:
BEGINNING at most Eastedy comer of said Lot 92 and the Westedy right-of-way line of Via
Atascedero, being a point of curvature of a tangent curve concave to the Southeast, a tangent
line bears S29~00'00' W;
THENCE Southweatefly along the arc of said tangent curve to the left1 having a radius of
225.00 feet, a cantml angle of 12°34'13", for an arc distance of 49.36 feet to the POINT OF
TERMINUS.
Prepared By:
THE WLB GROUP, INC.
Jack A. Buchanan
JAB:teg
~BUCHAN ~
Page I of I
Phylip Lee& Nidia Eloisa Jones
6656 W Cslle Lomns[ta
Tucson, AZ 85743-81 G5
93
EXHIBIT B
No. 191047-A-B51-1050 ~
91
92, "*
1' PUBLIC NO ACCESS ESMT
BEING ABAI,
~UBLIC NO ACCESS ESMT
TO REMAIN
~l"l:~BI~' ~'0 ACCOMPANY DE$CRIP~'ION Off'
Off' 1' NO PUBI~IC ACCESS
PARCEL 51 CON~'INE1WI'AL RANCH
BOOK 48 M~P, PAGE 08
SEC~'ION 84, ~'. 1~ $., R. 1~ ~., G.$.R.M.,
1" =40'
i
Legal Description
Exhibit C
PUBLIC DRAINAGE EASEMENT
A Public Drainage Easement, more particularly described as follows:
Being all of the Public Drainage Easement, shown in Continental Ranch Parcel 51, Lot 92, as recorded in
Book 48 of Maps and Plats at Page 58, thereof in the Office of Pima County Recorders, Pima County
Arizona.