HomeMy WebLinkAboutResolution 2002-143 abandonment and exchange relating to embassy plaza RECO~ED BY: K~
DEP~Y RECORDER
8013 AS2
SMARA
TOW OF MARANA
ATTN: TO~ CLE~
13251 N LON ~AMS RD
MARANA AZ 85653
DOCKET: x~
PAGE: 4566
NO. OF PAGES: 2
SEQUENCE: 20030021392
01/03/2003
RES 16:59
MAIL
AMOUNT PAID $ 8.00
MARANA RESOLUTION NO. 2002-143
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, EXTENSION OF THE CONDITIONED TIME FRAME FOR THE ABANDONMENT
AND EXCHANGE OF THE ONE-FOOT NO ACCESS EASEMENT LOCATED IN THE
EMBASSY PLAZA, LOTS 1 - 3 PLAT AS RECORDED WITH PIMA COUNTY RECORDER'S
OFFICE IN BOOK 24, PAGE 38 OF MAPS AND PLATS.
WHEREAS, the abandonment and exchange of the One-Foot No Access Easement located in
the Embassy Plaza, Lots 1 - 3 Plat as recorded with Pima County Recorder's Office in Book 24,
Page 38 was accepted by the Town on April 16, 2002 within Resolution 2002-46; and
WHEREAS, the Release of Easement executed by the Town has been recorded in Docket
11782 Page 2949 with Pima County Recorder's office; and
WHEREAS, the Town has inadvertently caused the One Foot No Access Easement to be
recorded with the Pima County Recorder's office; and
WHEREAS, the Town will record with the Pima County Recorder's Office a Scrivener's
error correcting the inadvertently recorded One Foot No Access Easement to be voided and directing
the public to the correctly executed and recorded One Foot No Access Easement; and
WHEREAS, Evergreen Devco, Inc., notified the Town staff on June 21, 2002, that the
condition to record the One-Foot No Access Easement within ninety (90) days of the approval of the
Resolution would not be met due to a pending Agreement between their client, Walgreens, and a
tenant within the Embassy Plaza, Big Lots, which states explicitly that the demolition of the existing
structure and the construction of the Walgreens cannot commence prior to February 3, 2003; and
WHEREAS, on August 16, 2002, Evergreen Devco, Inc., submitted a letter to the Town
expressing a desire to comply with the conditions of Town Resolution No. 2002-46 with
consideration to the time restrictions of their construction; and
WHEREAS, to provide mutual benefit to Evergreen Devco, Inc., and the Town, the Town of
Marana agrees to allow Evergreen Devco, Inc. and their client, Walgreens, to proceed with the
development and construction of the new Walgreens facility per their agreed upon timeframe; and
g,,%IEREAS, construction permits, upon proper request and processing by Town staff, will
be issued for Walgreens at Ina Road and Thornydale Road, or street address 3800 W. Ina Road.
PW/3RD/MF/12/ll/02 7:48 PM
Marana, Arizona Resolu~on No. 2002-143
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WHEREAS, Evergreen Devco, Inc., representing the development of the Walgreens at Ina
Road and Thomydale Road with legal authorization from Embassy Plaza, L.L.C., real property
owner, shall record with the Pima County Recorder's Office a One-Foot No Access Easement prior
to the issuance of any Certificate of Occupancy from the Town of Marana, this shall include but not
be limited to a temporary or final Certificate of Occupancy.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f
Marana, Arizona, that the issuance of a Certificate of Occupancy for Walgreens at Ina Road and
Thomydale Road, from the Town of Marana, shall not take place prior to the properly executed and
recorded One-Foot No Access Easement being provided to the Town of Marana Engineering
Division and.
BE IT FURTHER RESOLVED that the Town o fM arana shall void the inadvertently
recorded One Foot No Access Easement by the recordation of a Scrivener's error with the Pima
County Recorder's Office upon receipt of the properly executed and recorded One-Foot No Access;
and
BE IT FURTHER RESOLVED that the ninety (90) day time limit provided for in Resolution
No. 2002-46 is hereby vacated to allow additional time for recording of the One Foot No Access
Easement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
17th day of December, 2002.
Mayor BOBBY SUTTON, JR.
ATTEST:
'n Clerk
APPROVED AS TO FORM:
As Town Attorney and not personally
pW/.]RD/IflF/12/ll/02 7:48 PM
Marana, Adzona Resolution No. 2002-143
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