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Home My WebLink AboutResolution 2003-016 abandoning a portion of artesiano road rights of way F. ANN RODRIGUEZ, RECORDER RECORDED BY: MMD DEPUTy RECORDER 2403 PE2 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11982 PAGE: 3248 NO. OF PAGES: 7 SEQUENCE: 20030250976 02/06/2003 RES 16:29 MAIL ~ AMOUNT PAID $ 9 . 00 - -M-A~NA RESOLUTION _.NO. 2003-16 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARJZONA, ABANDONING A PORT~ON OF ARTESIANO ROAD PJGHTS-OF-WA¥ iN EXCHANGE FOR THE NEW ALIGNMENT OF CONTINENTAL RESERVE LOOP. WHEREAS, under Resolution No. 2001-93, the Town of Marana previously abandoned 60 feet in width and approximately 5023.15 feet in length of Artesiano Road public rights-of-way located in T12S, R12E, Section 28 and 33 as established by Pima County and recorded in Road Maps 3 at Page 58 as requested by Diamond Ventures, Inc., in accordance with the Arizona Revised Statute 28-7203 in exchange for the new alignment of Continental Reserve Loop as recorded in the Final Block Plat for Continental Reserve in Book 53, Page 35(10) with the Pima County Recorder's Office; and WHEREAS, it has been determined by the Mayor and Council that the remaining 60 feet of Artesiano Road right-of-way as recorded in Road Maps Book 3, Page 58, from Silverbell Road south to the northern property boundaries of the Final Block Plat for Continental Reserve, shown on Exhibit "A", is no longer necessary to the Town; and WHEREAS, the Mayor and Council have the authority pursuant to A.R.S. § 28-7202, to dispose of or use the roadways; and WHEREAS, pursuant to A.R.S. § 28-7203, a roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway; and WHEREAS, notice of the intended abandonment and exchange has been posted on the property and published according to the applicable statutes; and WHEREAS, the Mayor and Council have determined that the new ali Reserve Loop previouslv dedicate~ ^,, ~rn.~,. ~ ..... , .. gnment of Continental fair exchanoe ,,,- ,~,~ ~.'_-. ..~,,?, l~o~ ~, .~ ~, zvuu, recoroed ~n Docket 11267. Pa e 1 ' ~, fo, ~,,~ -~m~umng rights-or-way portion of Artesiano Road; and ' g 864 (8) is a WHEREAS, quit-claim deeds shall be recorded with the Pima County Recorder's Office granting the portion of Artesiano Road public rights-of-way, as legally described in Exhibits "B" and "D" and shown on Exhibits "C" and "E", to Stewart Title and Trust, Trust No. 1943 the private property owner directly adjacent to the abandonment area and the original grantors of the Continental Reserve Loop evaluated for exchange. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana abandon the 60 feet of Artesiano Road right-of-way from Silverbell Road, as recorded in Road Maps Book 3, Page 58, south a distance of approximately 251 feet to the northern property boundaries of the Final Block Plat for Continental Reserve as recorded in Book 53, Page 35(10) with the Pima County Recorder's Office, in exchange for the new Page 1 of 2 Marana, Arizona Resolution No. 2003-16 i 9 8- . alignment of Continental Reserve Loop previously dedicated on March 31, 2000, as recorded in Docket 11267, Page 1864 (8) with the Pima County Recorders Office which are no longer necessary to the Town, subject to the following conditions: 1. A perpetual easement shall remain for all abandoned areas in conformance with A.R.S. § 28- 7210 for existing: a) sewer, gas, water or similar pipelines and appurtenances; b) canals, laterals or ditches, and appurtenances; and c) electric, telephone and similar lines and appurtenances. 2. An easement approximately twenty (20') feet by two-hundred and fifty (250') feet shall be retained for Qwest Communications. Qwest Communications shall provide a legal description and exhibit for the area to be retained for its easement. 3. A public water easement shall be retained for the installation, construction and maintenance of the water facilities within the portion of Artesiano Road alignment for abandonment/exchange. Any ground disturbing activities that occur within the abandonment boundaries shall be assessed by an archaeological consultant. A site-specific plan for AZ AA: 12:321 (ASM) will need to be developed for any effects to untested parts of the site. This plan shall take into consideration the site management recommendations made by Old Pueblo Archaeology Center (OPAC) in its various reports. All previously noted easements shall be executed and legally recorded prior to the recordation of the Quit-claim deeds with the Pima County Recorder's Office granting the portion of Artesiano Road public rights-of-way, legally described in Exhibits "B" and "D" and shown on Exhibits "C" and "E", to Stewart Title and Trust, Trust No. 1943 from the Town of Marana. o PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of February, 2003. ATTEST: APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally M~ON, JR. 3 Page 2 of 2 Marana. Arizona Resolution No. 2003-16 MARA'~~ EXHIBIT A Rights-of-Way Management STEWART TITLE 22121006F Town Limits /"X/ centerline ,~. road included ,,._._~_ road outside Parcels '" ~t to be Abandoned in exchange for .. previously dedicated Coac~line Blvd. - -- -: Rights-of-Way under Dockets 11267 Page 1864 and Docket 11267 Page 1858. 22121004B -~--... ~ STEWART TITLE& TRUST 'IR 1943] STEWART TITLE & TRUST TR 194~ " Artesiano Road Abandonment/Exchange RWA0211-001 3 12/03/02 EXHIBIT B LEGAL DESCRIPTION PORTION OF ARTESIANO ROAD, TO BE ABANDONED, ADJACENT TO PIMA COUNTY, AZ. TAX PARCEL NO. 221-21-004B ALL THAT PORTION OF THE EASTERLY RIGHT-OF-WAY OF ARTESIANO ROAD IN THE NORTH HALF OF SECTION 28, TOWNSH~ 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA ESTABLISHED BY ROAD PROCEEDING NO. 274 AND RECORDED IN BOOK 3 OF ROAD MAPS PAGE 58 RECORDS OF PIMA COUNTY, ARIZONA, ADJACENT TO PIMA COUNTY, ARIZONA TAX PARCEL NO. 221-21-004B, BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT-OF-WAY LINE OF SILVERBELL ROAD DESCRIBED IN DOCKET 9496 PAGE 562 RECORDS OF PIMA COUNTY, ARIZONA, AND BOUNDED ON THE SOUTH BY THAT PARCEL DESCRIBED IN DOCKET 11445 PAGE 1508 RECORDS OF PIMA COUNTY, ARIZONA. S 5JOBS~3592~ARTES IANO~LEGALS~221-21-004B.doc LEGAL LOG 735 Page I of I / EXHIBIT C PORTION OF ARTESlANO ROAD ADJACENT TO TAX PARCEL ~221-21-004B IN THE NORTH HALF OF · SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILAAND SALTRIVER MERIDIAN, PIMA COUNTY:, ARIZONA SCALE: 1 "= 100' ON£D TAX PARCEL #221-21-004B DKT. 11237PG. 1351 30.00" TAX PARCEL #221-21-118 DKT. 11445 PG. 1508 8 '_2 EXHIBIT D LEGAL DESCRIPTION PORTION OF ARTESIANO ROAD, TO BE ABANDONED, ADJACENT TO PIMA COUNTY, AZ. TAX PARCEL NO. 221-21-006H ALL THAT PORTION OF THE WESTERLY RIGHT-OF-WAY OF ARTESIANO ROAD IN THE NORTH HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA ESTABLISHED BY ROAD PROCEEDING NO. 274 AND RECORDED IN BOOK 3 OF ROAD MAPS PAGE 58 RECORDS OF PIMA COUNTY, ARIZONA, ADJACENT TO PIMA COUNTY, ARIZONA TAX PARCEL NO. 221-21-006H, BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT-OF-WAY LINE OF SILVERBELL ROAD DESCRIBED IN DOCKET 9496 PAGE 562 RECORDS OF PIMA COUNTY, ARIZONA, AND BOUNDED ON THE SOUTH BY THAT PARCEL DESCRIBED IN DOCKET 11445 PAGE 1508 RECORDS OF PIMA COUNTY, ARIZONA. S:~JOBSk3592%RTESIANO\LEGALS~221-21-006H.doc LEGAL LOG 736 Page I of I ~ - EXHiBiT E PORTION OF ARTESlANO ROAD ADJACENT TO TAX PARCEL #221-21-006H IN THE NORTH HALF OF 'SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, SCALE: 1 = 1 O0 ONED TAX PARCEL #221-21-004B DIC[. 11237PG. 1351 TAX PARCEL #221-21-118 DKT. 11445 PG. 1508