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HomeMy WebLinkAboutResolution 2002-011 abandonment of a portion of a one-foot no access easement at 3651 w orange grove F. ANN RODRIGUEZ, P. ECORDER RECORDED E~: D K D~pUT~ RECORDER 7864 RO0C SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11742 PAGE: 2754 NO. OF PAGES: 4 SEQUENCE: 20020360699 02/22/2002 KES 16:50 M~IL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2002-11 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ABANDONMENT OF A PORTION OF THE ONE-FOOT NO ACCESS EASEMENT LOCATED AT 3651 W. ORANGE GROVE ROAD ORIGENALLY RECORDED WITH PIMA COUNTY RECORt3ER'S OFFICE 1N BOOK 8900, PAGE 1020. WHEREAS, an application for abandonment ora portion of the one-foot no access easement located in the 3651 W. Orange Grove Road originally recorded in Book 8900, Page 1020 has been submitted to the Town by Hook Engineering, Inc. representing Phillips Petroleum; and WHEREAS, the definition of "public right-of-way" or "right-of-way" includes: highway, street, road, alley or other right-of-way of a governmental entity as stated in A.R.S. § 48-4475; 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, the Mayor and Council have the authority pursuant to A.R.S. § 28-7215, when the Town does not own title to a roadway but holds right-of-way easements, the easements may be extinguished by the governing body's resolution; and WHEREAS, the Town of Marana holds the one-foot no access easement; and WHEREAS, it has been determined by the Mayor and Council that the one-foot no access easement located 3651 W. Orange Grove Road shall be abandoned as shown on the attached Exk/bit A and legally described in Exhibit B, notice of the intended abando~trnent has been posted on the property and published in the appropriate manner; and. WHEREAS, the Mayor and Council have determined that the land is of no monetary value due to its location and degree of fragmentation. pW/JRD/MFIOll30102 8:24 AM Marana, Arizona Resolution No. 2002-11 Exhibits A & B Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana abandon a portion of the one-foot no access easement, that is no longer necessary to the Town, located in the 3651 W. Orange Grove Road as originally recorded in Book 8900, Page 1020, as more fully depicted in the map attached hereto as Exhibit B and legally described in Exhibit A, incorporated herein by this referei~__ce, subject to the following conditions: A perpetual easement shall remain for all abandoned areas in confom~ance 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5~h day of February, 2002. ~N, JR. ATTEST: APPROVED AS TO FORM: As Town Attorney and not personally pW/JRDIMFIOI/31102 10:05 AM Marana, Arizona Resolution No, 2002-1I Exhibits A & B Page 2 of 2 EXHIBIT "A" - LEGAL DESCRIPTION NO ACCESS EASEMENT ABANDONMENT A PORTION OF THAT CERTAIN 1.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER BASE ~ND MERIDIAN, PIMA COUNTY, ARIZONA, LYING LEFT OF AND ADJACENT TO THE LtNE DESCRIBED 1N DOCKET 8900, PAGE 1020, RECORDS OF PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE SOUTH 87 DEGREES 49 MINUTES 45 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 973.95 FEET TO THE INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WEST LINE OF ORANGE GROVE MOBILE ESTATES AS RECORDED IN BOOK 22 OF MAPS AND PLATS AT PAGE 91, PIMA COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZONA; THENCE SOUTH 01 DEGREES 46 MINUTES 08 SECONDS WEST ALONG SAID PROLONGATION, A DISTANCE OF 100.00 FEET TO A POINT ON A LINE 100.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8; THENCE NORTH 87 DEGREES 49 MINUTES 45 SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 DEGREES 49 MINUTES 45 SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 7.00 FEET TO THE POINT OF TERMINATION; THENCE CONTINUING NORTH 87 DEGREES 49 MINUTES 45 SECONrDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 95.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 DEGREES 49 MINUTES 45 SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 39.00 FEET TO THE POINT OF TERMINATION. F:X3871 S%SURVEhqVNAE.doc Z NO EXHIBIT B ACCESS EASEMENT ABANDONMENT POINT OF COMMENCEMENT NW CORNER SECTION g T. 13 S., R. 13 E. G&SRM '1, ORANGE GROVE S 87°49'45'' E 973.95' 108.00' ROAD N 87°49'45" W 309.00' -"'"- ?; ?'t 39.00' 9 O' '"~ -" 60.00' 7.00,~ N 88°13'54" W 512.00' GRAPHIC SCALE 50 0 15 50 ( IN FEET ) 1 inch = 30 ft. HOOK Consulting 3221 N. 24th Street TEL: (602) 956-3200 ENGINEERING INC.- Engineers * Land Surveyors · Phoenix, Arizona 85016 · FAX: (602) 955-5445 F: ~3871 S~SURVEY~EXHIBIT- VNAE.DWG JOB NO. 3871 SHEET 1 OF 1