HomeMy WebLinkAboutResolution 85-017 Application to State Land to reconstruct and repair Twin Peaks RoadRESOLUTION NO. 85-17
WHEREAS the Town of Marana wishes to reconstruct and
make repairs on Twin Peaks Rd.; and
WHEREAS said roadway, which is within the corporate
limits of the Town of Marana, is currently owned by the Arizona
State Land Department, with a perpetual Right of Way having been
granted to Pima County on December 16, 1963, Right of Way
Easement No. 3436; and
WHEREAS the Town of Marana wishes to assume Right of
Way No. 3436 from Pima County, together with all of the rights
and obligations thereunder.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Marana, Arizona, that, upon approval by the Pima
County Board of Supervisors and the Arizona State Land
Department, the Town of Marana shall assume all rights, duties
and obligations under Right of Way No. 3436, and shall stand in
the same place and stead as Pima County with respect to Right of
Way No. 3436.
PASSED AND ADOPTED by the Town Council of the Town of
Marana this 3rd day. of December 1985.
\
ATTEST:
TOWN
APPLICATION FOR ASSIGNMENT OF LEASE ON PERMIT
ArID FOR ASSUMPTION OF INTEREST
ARIZONA STATE LAND DEPARI'MENT,
1624 WEST ADAMS ,,
PIIOENIX, ARIZONA 85007. /
INSTRUCTIONS
One application must..be submitted per lease or permil~ or code thereof.
FEES: A. All assignments: $75.00 per lease, permit or code thereof, except oil and
gas lease.
B. Oil and gas assignment application onlJ/: $20.00
All questions on all three pages of the applicalion musL be completed prior to con-
sideralion by tile Department. Please print or type.
ll~s is a 1WO PART APPLICATION to be completed, signed and notarized as follows:
A. Part 1. To be completed by the "ASSIGNOR" (the current state lessee or per-
mittee who is assigning the lease or permit).
B. Part II. To be compleLed by the "ASSIGNEE" (the party of interest wl~o is
assuming the lease or permit).
Assignor's ORIGINAL LEASE OR PERMIT MUST be submitted with this application.
ALL UNPAID RENTALS MUST BE PAiD in accordance with R12-5-111.
ART ]
I/We,
BOARD OF SUPERVISORS OF PIMA COUNTY
APPLICANT/ASS]GNOR NAME
131 W. Congress Tucson -AZ 85701
Street or P.O. City State Zip
I602) 792-8126
phone
,ereby makes application and request that: The SLaLe Land Department authorize the
~ssigr,ment of all right, title, interest and claim in and tO:
X A. COMPLETE ASSIGNNENT OF STATE LEASE OR PERMIT NUMBER R/W-No. 3436
B. PARTIAL ASSIGNMENT OF THE LANDS IN STATE LEASE OR PERMIT NUMBER
Legal Description Section Township ~ange Acres CountZ
........ ~:' 15 12S 11E 9.09 Pima
· ' IS LIIJs t)l~JlJJc,ILl(lll I~)r ,Ill ii(jl ILllt~.llll; ll,l..I I
'' NO . [[ ~US, ~OU Inu'.;t Sub,ilL ,~ CUt)~ O[ LIll: paid, IrrlgaLIo~l tax
If .... . ~11~[ aLL,ich a [opy (Jl' Hlu alillrl)lJrJatu cllul't iJi~Climl:llL ~hlch
[sL~L~ w,ls llo[ prub,tL,~d i)y [lie cmli'[, XoiJ J.lJl~[[ ~LLGCli ~ A[l'ld~vJ~ signed
Jcg~J h~ir Olld ~ Col)~ o~ Lhu dR~Lll curLl~ic~[~. "~
. Is Lh~r~ ~ mor[g,Tgo. licn or sub-le~e on [ll~ ~iLIJ [h~ Departmun[ ~gains[ LitIs leese;
NO Jf ~s, ~otl milli 4[[acli a s~[is[~cLioQ or r~l~se. I[ ~ s~[isfacLion
reJease I'~ not available you m~lst. aLEach wrlLten consen[ from Lhe morTgogee~ .JJer
holder or sub-lessee, pursuan[ to A.R.S. 31-25~ [A).
. ConsideraLion of the sum o[ $ ONE DOb~AR .. ($ ~.00
,ayable [o [he A~signor and by and wlLh Lhe con~ell[ oJ [he S[aEe Land Commissioner
,ssJgnor hereby assigns~ [ransfers and seJJs to the ~own o~ Malaria ,." ASS Ignee's name
:nd to the Assignee's heirs, successors and assigns all right, title, interest and clai~
;n and to said lease or permit (the total value of all consideration must be stated).
[he undersigned applicant certifies that the information c~ntained and the statements mad,
in this application and the attachments, are to the best. of my knowledge and belief, true
:orrect and complete.
:.R[ZOUA IS A COt. I,%IU;tlTY Pr~OPERTY STATE, therefore, if the lease or'permit wa~ issued in th,
qame of one or more individuals, each individual AND. THEIR SPOUSE MUST SIGN this documen~
~;ID HAVE THEIR SIGHATURES NOTAR[ZEO.
Assignor Date
· Assignor Date
Assignor Date
Assignor Date
STATE OF
COUNTY OF
On this day of
for said County and Scace,
, 19~_____,
personally appeared
before me, a Notary Public wiUHn an
to me kno~m to b~ ~ne persgn(s
I'ART ! 1
1. I/l'h!,
the Town of Marana
12775 N. Sanoers
Adairess
Marana AZ 85653 (602) 791-24~
Ci Ly 5Late Zip
heruhy ilialles appl icat ion and request
as%igillllt?nL and LransJ'cr u[ a11, right,
Assiguce of the lands doscrihud in PARI
that: lhu State Land DuparLmunL authorize Lh
LiLle, Jiltcrest and claim of the Assigner to th
I of this application.
2. ItalicaLe whether the application is made in Lhe name of an individual, corporaLibn
partnership, or~' trust: Body Politic
(a) If an individual: Date of Birth N/A Married Single __
If a corporation, submit a copy of the anthorizatiun to do husiness in the Stat~
of Arizona obtained from the Corporation Coll~,ission.
(c) If a partnership or trust, submit a copy of tile partnership or trust document.
(~) If a trust, complete the following:
l'he name, address, age, citizenship and marital status of each of tile benefi-
ciaries, pri.cipals. or wards for uhom tile applicant will hold LiLle are:
NANE ADDRESS AGE CIT.IZENSHIP MARITAL SlATUS
(e) 1he trust or other document under which the al:,plicant will hold title is:
, and recorded in the County of _ ., in
book , page__ __, as document number
Ill consideration of tile approval of tilis application, tile assignee, his heirs, executors
alld assigns, agree LO keep, observe and perform all and singular the covenants, conditions,
terms and requirements contained in the lease or peri:lit as previously described.
lhe undersigned applicant certifies that the information contained and the s~acements made
in this application, and the attach~z~ts, are' to the best of my knowledge and belief,
true, correct alld camp]etc.
STATE LAND DEPARTMENT
State of Arizona
Phoenix, Arizona
RIGHT OF WAY
RjW No. 09-93436
THIS INDENTURE made and entered into this
4th
day of
A pr i 1
19 86 , by and between the State of Arizona, hereinafter called the Grantor,
and TOWN OF MARANA, a body eo 1 it i c
or
Marana
, State of Arizona, hereinafter called the Permittee,
WITNESSETH, that pursuant to the authority vested in the State Land
Commissioner, the Permittee is hereby granted a right of way on, over and across
the state lands hereinafter described under the provisions of Article 10,
Section 37-461, Arizona Revised Statutes.
The granting of said right of v./ay is predicated upon an application duly
filed by the Permlttee and approved by the Governor of tne State of Arizona,
together with an alignment map showing the definite location and establishing
the width of said right of way, both of which are made and become a part of this
permi t.
It is understood and agreed by Permittee that the state land covered by
said right of way will be used for no purpose other than the location, construc-
t i on, operat i on and ma i ntenance of a hi ghway on, over and across state 1 ands,
described in the supplement attached and made a part of the Right of Way.
TO HAVE AND TO HOLD the same as long as used for a highway, but subject to
the conditions and reservations herein set forth.
NOTICE TO ANYONE DEALING WITH THIS DOCU)(ENT
This dGc';1men.t merely authorizes Pursuit of it. stated
purposeSj HS eXistence does not cOllstitute a fi.dba, b, the
Lan~ Department that tho.. purpo.e. mal be pUflued
profltai!JT..
IT IS UNDERSTOOD AND AGREED that:
1.
The Permittee shall
granted, or any part
first obtained, nor
other right of way on
not sublet or assign the Right of Way herein
thereof, wi thout the written consent of Grantor
shall Permittee grant any franchise, permit or
the lands described herein, or any part thereof.
2. The Grantor reserves the right to grant to easements and rights of way
for public utilities and other purposes over and across state lands
described herein, subject to the approval of the Permittee.
3. The Grantor also reserves the ri ght, as provi ded by 1 aw, to grant to
the United States rights of way and easements over, across or upon the
lands embraced in this permit for canals, reservoirs, dams, power or
irrigation plants or works, railroads, tramways, transmission lines or
other purposes for irrigation works in connecti on with any Federal
Government reclamation project.
4. The Permittee wi 11 not permit any loss, nor commit or cause any waste
in, to or upon said land; nor cut or remove nor allow to be cut or
removed any timber or standing trees that may be upon said land, save
and except only such as may be necessary for the improvement of said
land, (and then only with the written consent of the State Land
Commissioner) or for fuel for the domestic use of the said Permittee;
provi ded that notll i ng herei n conta i ned sha 11 be cons trued to permit
the cutting of saw timber for any purposes.
5. The Grantor excepts and reserves out of the grant hereby made all oi 1,
gases, coal, ores, limestone, minerals, fossils and fertilizer of every
name and description that may be found in or upon the land described
herein, or any part thereof; and the lands herein described are subject
to the execution by Grantor of drilling permits and leases for the
purpose of prospecting for, and the extraction of oil, gases, coal,
ores, limestone, minerals, fossils and fertilizers as provided by law.
6. The said Permittee shall give Grantor notice in writing of the abandon-
ment of said premises or termination of these presents, and upon
receipt of such notice, or upon evidence of abandonment of said highway
by nonuse, this lease shall be cancelled.
NOW, THEREFORE, in accordance with the prOV1Slons of Section 37-461,
Article 10, Arizona Revised Statutes, and agreeable to the conditions heretofore
set forth, the Permittee herein is authorized to locate construct, operate and
maintain said right of way on, over and across the state lands described herein.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed
in duplicate by said Grantor, at Phoenix, Arizona, on the date and year first
above written, and the said Permittee has caused these presents to be executed
by its duly authorized office at the place and on the date and year as set forth
herein.
-2-
"
DESCRIPTION OF LAND CONTAINED IN LEASE SUPPLEMENT ATTACHED HERETO AND MADE A
PART HEREOF.
STATE OF ARIZONA
LAND DEPARTMENT
.-
09 93436 00
MO
MARANA TOWN Of"
12775 N SANDERS
MARANA AZ 852.38
KE LEASE NUMBER
, 0 LOCATION BE-GIN
'~, DESCRIPTION ACRES 'NG FUND
" TOWNSHIP CC
I I
1 M&B THRU SE 4.:50 M31 031: 00
I I
1 M&B THRU W2 9.:10 31 031: 00
I I
1 M&B THRU E2 9.:10 31 03q 00
LESSEE SIGNATURE
Q
DATE
".
~~J~
y 9, 1986
TOTAL ACREAGE
I
22.~0
I
I
I
STA TE
By
of .I
May
County of~ Pima
19.,...,86.
, State of Arizona, on this~
9th
day
Signed in the
By /" Billy 'i/J. Schisler
/ Mayor
Title
-3-
~ri.rona
~bd~ ~nnb ~~pnrtm~nt
e
altuc. aA...rr
eOV.ItNOII
'1124 WEST ADAMS
PHOENIX. ARIZONA .11007
o...~.c. 0...
.TAT. LAND COMMI..ION...
Date APR 16 1985
[ TOWN OF MARANA
[ 12775 N. SANDERS
[ MARANA, AZ 85238
[
Lease/Permit No.
09-3436
NOTICE OF ASSIGNMENT OF LEASE OR PERMIT DOCUMENT
Enclosed is your original lease/permit document(s) which has been transferred
by the State Land Department, as requested in your application.
This original document is for your records. It is recommended that you store it
in a safe place.
If you have any questions, contact the State Land Department at (602) 255-4632.
Thank You,
STATE LAND DEPARTMENT
11/84
Transmitta 1 113
_."'''~_.O~",'''-'''''''''''<<N~;~~~'''".'''''~''''~''''~_''''';''''''''_'~''._<=~M''__~,__,"',"'..,._
FOR LAND DEPARTMENT USE ONLY
ASSIGNMENT or EASEMENT
Phoen ix, Ar i zona April 4, 1986
The application of PIMA COUNTY BOARD OF SUPERVISORS
for permission to assign Easement No. 09-3436
, and the application of
TOWN OF MARANA, a body politic
for the asc;lJmption of said Easement. having been duly considered this 4th
day of
Apri 1
,19 86 ,and wi thout waiver of State rights which may
exist against the ea,sement assigned, and with this consent not to be
construed as initiating any new rights in assignee of easement, consent is
hereby given for the assignment appl ied for and it is oy'dered that the said
Easement No. 09-3436 ,and all rights thereunder be and are hereby transferred
to the said
TOWN OF MARANA, a body politic
12775 N. Sanders
Marana, AZ 85653
d~~~
For the State Land otmJissioner
-----,--~
----.------.-
FOR LAND DEPARTMENT USE ONLY
ASSIGNMENT OF EASEMENT
Phoenix, Arizona
The application of
for permission to assign Easement No.
, and the application of
for the assumption of said Easement, having been duly considered this
day of
,19
, and without waiver of State rights which may
exist against the easement assigned, and with this consent not to be
construed as ini tiating any new rights in assignee of easement, consent is
hereby given for the assignment applied for and it is ordered that the said
Easement No. , and all rights thereunder be and are hereby transferred
to the said
For the State Land Commissioner
6. The said Grantee sha lL give Grantor notice in writing of the aban-
donment of said premises or termination of these presents, and
upon receipt of such notice, or upon evidence of abandonment of
said highway by nonuse, this Lease shaLL be canceLLed.
De scription of land leased contained in Lease SuppLement attached. hereto and made
a.J2ar~ hereo!.!_
-'--' '-'--"~..,.~
,;Y
SlATE LAND DEPARTMENT
PHOENIX, ARIZONA
..'" ,> ,.,.-....... -
'P,;'",
LEASE SUPPLEMENT
I
PIMA COUNTY dOARU OF
SUPERVISORS RW AGENT
TUCSON ARIZ 85700
I
'J
3436
KINO
Of
tf'lTfn
LEASE OR
REFERENCE NO.
L
-.J
'COUNT NO.
DESCRIPTION
>dNO ~uu.
31 HII~U S 75 FT
30 THRU S 75 FT
31 THRU N 15 FT
31 THRU N 15 FT
SEe. TWP. RANGE
l~ 12 S 11 L
16 12 (' 11 (
,)
21 12 S 11 E
22 12 c 11 t.
..)
ACREAGE
,
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yp9
9p9
9P9
'Jp9
36~~
,
,
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,
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,
:
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.ATU
Deputy
~'
~:,/.'7 ,/,~
(~ .1
r,,;;----r--
'28-64
STA fE LAND COMMISSIONET<
. . ',........;: ........1'..... ,.".....-:._
I he, ejY ceriioy that this instrument
IS a true a"d complete copy as shown
j by the Records of the Arizona State
Land Department.
.~ If>.
(.-PIMA COUN'rY BOARD OF SUPERVISORS
_,__ ~ GRA NT/EF;.--)
r:::~~ (. t..;;?~
BY'''''~~_~~ 7 '
Chairman
TIT LE
A-Bl-1
3-6-59
V
> ""'-__III'I'~',_"'>'""""",."""",,~,,~",,,,~,".,'''_'__~ ,,'., """''-''..,~.,..'~'<<k'._.""....~..~"...",',"''''"''~'=''
Written by: ~..I#-",_
--
Checked by: '
,---...--..-..---..--..
C ate Mai'ed:....~AN 2 3 1964
.............--------
STATE LAND DEPARTMENT
422 Arizona State Office Building
Phoenix, Arizona
R/W No.
~il6
RIGHT OF WAY
THIS INDENTURE made and entered into this 16th
day of
DGcombor
19 63
, by and between the State of Arizona, hereinafter called the Grantor, and
P:O.tA COUNrY BOAlID OF SUPEHVISCJHS
of
Tl1~Aon
, State of Arizona, hereinafter ca lled the Grantee,
WITNESSETH, that pursuant to the authority vested in the State Land Commis-
sioner, the Grantee is hereby granted a Right of Way on, over and across the State
lands hereinafter described under the Provisions of Article 10, Section 37-461,
Arizona Revised Statutes.
The granting of said Right of Way is predicated upon an application duly filed by the
Grantee and approved by the Governor of the State of Arizona, together with an
alignment map showing the definite location and establishing the width and acreage
of said Right of Way, both of which are made and become a part of this permit.
It is understood and agreed by Grantee that the State land covered by said Right of
Way will be used for no purpose other than the location, construction, operation
and maintenance of a highway on, over and acros s these State lands running
miles and/or containing 36.36 acres, more or less, and extendinga.wldthof
17.50 feet on each side of the center line.
TO HAVE AND TO HOLD the same as used for a County
but subject to the conditions and reservations herein set forth.
highway,
IT IS UNDERSTOOD AND AGREED that:
1. The Grantee shall not subLet or assign the Right of Way herein
granted, or any part thereof, without the written consent 0 f
Grantor first obtained, nor shall Grantee grant any franchise,
permit or other Right of Way on the Lands described herein, or
any part thereof.
2. The Grantor reserves the right to grant easements and Rights of
Wayfor public utilities and other purposes over and across State
lands described herein, subject to the approva 1 of the Grantee.
3. The Grantor also reserves the right, as provided by law, to grant
to the United States Rights of Way and easements over, acros s or
upon the lands embraced in this permit for canals, reservoirs,
dams, power or irrigation plants Or works, railroads, tram-
ways, transDlission lines or other purposes for irrigation works
in connection with any F edera 1 Government rec lamation project.
4. The Grantee will not pern1lt any los s, nor commit or cause any
waste in, to or upon said land, nor cut or remove nor allow to be
cut or removed any timber or standing trees that may be upon
said land, save and except only such as may be necessary for the
improvements of said land, (and then only with the written con-
sent of the State Land Commissioner}orfor fuel for the domestic
use of said Grantee; provided that nothing herein contained shall
be construed to permit the cutting of saw timber for any purpose.
5. The Grantor excepts and reserves out of the grant hereby made
all oil, gases, coal, ores, limestone, minerals, fossils, and fer-
tilizer of evel'y name and description that may be found in or
uportt$he land descri~ed herein, or any part thereof; and the lands
herein described are subject to the execution by Grantor of drU;"
ling permits and leases for the purpose of prospecting for and
the extraction of oil, gases, coal, ores, limestone, min;rals,
fossils and fertilizers as provided by law.
The Lessee agrJC's to i r'l y,'l i :o,y t h'j! I a'll ,~ ',; T 'I;;
In~E.l. Ibblli ty. eo''':: ''''1' " , "', I l .,' , '
..J. ~., J. , , \; I .. J , . l c. , t . i' I
II any lnj'.lri03 to PJ,,'.>,d ,),' d,L,:",',. .' "
u0 L)':.))_'1',,'/ ..~...,.i~ _;..1.
.d.itlon or oCC;UPU.tiOll of th0 l:.,(ihl.
r}I',""l ;; F^lnlt 3.111038,
;) ;' . ; I L', L l; 1-1 FJ."I;f W:J.:J
JJ..). l'.;.~J.l~i.l"; It'')2 tuu uso,
...
fi)...... . , ~
- "
- ;-
. .
J\ri.ronn
~bde ~ltltb ~epltrtmeltt
(i)
...uca .A..,T...
.OV.RHO"
,.a.. WEST ADAMS
PHOENIX, ARIZONA 11007
oPp.c. 0...
"'AT. LAND COMN'..'ON..
Date MAY 1 9 1986
[ TOWN OF MARANA
[ 12775 N. SANDERS
[ MARANA, AZ 85238
[
Lease/Permit No. 09-93436
NOTICE OF LEASE OR PERMIT DOCUMENT(S) ENCLOSED
X 1. Enclosed is your original lease(s) or permit(s) which has been executed
and finalized by the State Land Department. It is recommended that you
store this document(s) in a safe place.
2. Enclosed is your original prospecting permit renewal endorsement which
has been executed and finalized by the State Land Department. It is
recommended that you affix this document to your original prospecting
permi t.
3. Enclosed is your original amended computer supplement legal description
sheet which has been executed and finalized by the State Land
Department. It is recommended that you affix this document to your
original lease and store it in a safe place.
If you have any questions, contact the State Land Department at (602) 255-4632.
Than k Vou.
STATE LAND DEPARTMENT
11/84
Transmi tta 1 #2
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