The URL can be used to link to this page

Home My WebLink AboutResolution 2002-016 abandonment of no access easement at the gallery parcel 1 cottage phase II F. ANN RODRIGUEZ, RECORDER RECORDED BX: D K D~PUTX BECORDER 7864 RO0C SMARA TOWN OF FA~D,~NA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11742 PAGE: 2817 NO. OF PAGES: 6 SEQUENCE: 20020360704 02/22/2002 RES 16:50 MAIL A~40UNT PAID $ 8.50 MARANA RESOLUTION 1NO. 2002-16. A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ABANDONMENT AND EXCHANGE OF THE ONE-FOOT NO ACCESS EASEMENT LOCATED IN THE GALLERY PARCEL 1 "COTTAGES", PHASE 1I, LOTS 7 - 37 ArID COMMON AREA "A" & "B-I" - "B-5" PLAT AS RECORDED WITH PIMA COUNTY RECORDER'S OFFICE IN BOOK 54, PAGE 53 OF MAPS AND PLATS. WHEREAS, an application for abandomnent of the one-foot no access easement located in the Gallery Parcel 1 "Cottages", Phase ti, Lots 7 - 37 and Common Area "A" & "B-i" - "B-5" Plat as recorded in Book 54, Page 53 has been submitted to the Town by Rick Engineering Company, Inc. representing Palo Verde Partners; 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; 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, 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, notice of the intended abandonment and exchange has been posted on the property and published in the appropriate manner; and WHEREAS, it has been determined by the Mayor and Council that the one-foot no access easement located in Gallery Parcel 1 "Cottages", Phase ri, Lots 7 - 37 and Common Area"A" & "B- 1"- "B-5" Plat as recorded in Book 54, Page 53, legally described in Exhibit A and as shown on the attached Exhibit B, shall be abandoned; and WHEREAS, it has been determined by the Mayor and Council that the one-foot no access easement located in Gallery Parcel 1 "Cottages", Phase ri, Lots 7 - 37 and Common Area"A" & "B- I "- "B-5" Plat as recorded in Book 54, Page 53, shall be exchanged for a new alignunent of the one- foot no access easement legally described in Exhibit C and as shown the ~ttached Exhibit D; and WHEREAS, the Mayor and Council have determined that the land is of no monetary value due to the equal exchange of area; and Page 1 of 2 pW/JRD/MF/02/12/02 4:00 PM Marana, Adzona Resolution No. 2002-16 Exhibit A, B, C, & D WHEREAS, Rick Engineering Company on behalfofPalo Verde Partners shall record with the Pima County Recorder's Office a Record of Survey for Gallery Parcel I "Cottages", Phase I1, Lots 7 - 37 and Common Area "A" & "B-I" - "B-5" Plat as recorded in Book 54, Page 53 within ninety (90) days of the approval of this Resolution by the Town of Marana Mayor and Coancil; and WHEREAS, no permits shall be issued for Gallery Parcel 1 "Cottages", Phase II, Lots 7 - 37 and Common Area "A" & "B- 1" - "B-5" Plat as recorded in Book 54, Page 53, lots 21,22, and 28, or Common Area "A" and "B-2" prior to the Recorded Record of Survey f6r Gallery Parcel 1 "Cottages", Phase II, Lots 7 - 37 and Common Area "A" & "B-I" - "B-5" Plat as recorded in Book 54, Page 53 being provided to the Town of Marana Engineering Division. NOW, TH EREFORE, BE IT RESOLVED by the Mayor and Council of the Town o fMarana, Arizona, that the Tbwn of Marana abandon the one-foot no access easement located in the Galle~T Parcel 1 "Cottages", Phase II, Lots 7 - 37 and Common Area "A" & "B-1"-"B-5" Plat as recorded with the Pima County Recorder's Office in Book 54, Page 53, and as legally described in Exhibit A and more fully depicted in the map attached hereto as Exhibit B and incorporated herein by this reference, and exchange the one-foot no access easement as legally described in Exhibit C and more fully depicted in the map attached hereto as Exhibit D and incorporated herein by this reference subject to the following conditions: 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. PASSED AND ADOPTED by the Mayor and Council of the Town o fMarana, Arizona, this 19th day of February, 2002. Mayor BOBBY SUTTON, JR. ATTEST: 'l'own Clerk APPROVED AS TO FORM: As Town Attorney and not personally pW/]RD/MF/02/12/024:00 PM Marana, Arizona Resolution NO. 2002-16 Exhibit A, B, C, & D Page 2 of 2 i I ? 4 1745 East River Road Suite I01 Tucson. A~izona 85718 Tel: (520) 795-1000 FA,X: (520) 322-6956 www. rickeng,com Exhibit A RICK ENGINEERING COMPANY LEGAL DESCRIPTION THE GALLERY PARCEL 1 PHASE II RELEASE OF 1 FOOT NO ACCESS EASEMENT LOT 28 THE 1 FOOT NO ACCESS EASEMENT ALONG THE SOUTH LINE OF LOT 28 AS SHOWN ON THE PLAT FOR THE G,4LLERY P`4RCEL l "COTTAGES", PH,4SE I7- LOTS 7- 37AND COMMON ARE'4S ".4" & "B-I" - "t?-5", RECORDED IN BOOK 54, MAPS AND PLATS AT PAGE 53. BEING A PORTION OF SECTION 24, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. G:kD_DOVE~D_LEGALSX2820LG35.DOC i i 8 i 9 PAGE 1 OF 2 EXHIBIT TO ACCOMPANY DESCRIPTION WITHIN PORTION OF SECTION 24, TOWNSHIP 11 SOUTH, RANGE 12 EAST, G&SR~, PI~A COUNTY, ARIZONA Exhibit oO OUTH LINE OF LOT 28 THE ~A_.L~/~Y SCALE: 1" = 50' CA "B-2'' t , RICK ENGINERR!NG ~ COMPANY 1745 East l~w~r 1~3~, St~. 10~. · Tm:so~,,t,-~ 85718., Tel. ~J20)795-1000 FAX (520)3Z~-6956 · wv~r~c~com 25 PAGE 2 OF 2 12-0CT-2001 G=-~cLdove~_iegol$~2B2OLGBS-DGN Exhibit C 1745 East Privet Rcr~d Suite 101 Tucson, Axlzona 85718 Tel: (520) 795-1000 F.~C (520) 322-6956 vv~v rickeng.com RICK FTNGINEERING COMPANY LEGAL DESCRIPTION THE GALLERY PARCEL 1 PHASE II NEW 1 FOOT NO ACCESS EASENLENT LOT 28 A PORTION OF LOT 28 AS SHOWN ON THE PLAT FOR THE GALLERY PARCEL 1 "COTTAGES", P.[-MSE II- LOTS 7-37 AND CO3.[MON AREAS "A" & "B-i" - "B-5", RECORDED tN BOOK 54, MAPS AND PLATS AT PAGE 53. BEING A PORTION OF SECTION 24, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PhMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: A1 FOOT STRIP OF LAND LYING NORTHEiLLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 28; THENCE SOUTH 86002'58'' EAST 40.51 FEET, UPON THE SOUTH LINE OF SAID LOT 28, TO A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 60°22'01% FOR AN ARC DISTANCE OF 42.14 FEET, TO A REVERSE CURVE CONCAVE SOUTHEASTERLY AxND HAVING A RADIUS OF 50.00 FEET; THENCE EASTERLY UPON THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 59°2Y26", FOR AN ARC DISTANCE OF 51.83 FEET, TO'THE NON-TANGENT EAST LINE OF SAID LOT 28 AND TE POINT OF TERMINATION. G:~a)_DOVE~D_LEOALSL2820LG34.DOC i 2926~ PAGE 1 OF 2 EXHIBIT TO ACCOMPANY DESCRIPTION WITHIN PORTION OF SECTION 24. TOWNSHIP 11 SOUTH, RANGE 12 EAST, G&SR~. PIMA COUNTY, ARIZONA Exhibit D / 29 / 28 " POT POB / T H E 2O r-I ! GALLE?'~Y - PHASE / / / / SCALE: CA 1"=50' "B-2" JJ 25 RICK ENGINEEI~NG ,~ COMPANY 1~45 ~ l~i~ 1~, Ste. 101 · ~ PAGE 2 OF 2 12-0CT-2001 O: -:r~ _ dov e-~f<l _ I ego I $.2820L 0~4. DON