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Home My WebLink AboutResolution 2002-046 release of easement for embassy plaza F. AL'N RODRIGUEZ, RECORDER RECORDED BY: M~W DEPUTy RECORDER 0503 t'E1 SMA,RA TOWN OF HARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARAMA AZ 55653 DOCKET: 11782 PAGE: 2937 NO. OF PAGES: 9 SEQUENCE= 20020760853 04/19/2002 RES 16:36 MAIL AMOUNT PAID $ 10.00 MARANA RESOLUTION NO. 2002-46. 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 EMBASSY PLAZA, LOTS 1 - 3 PLAT AS RECORDED 'WITH PIMA COUNTY RECORDER'S OFFICE IN BOOK 24, PAGE 38 OF MAPS AND PLATS. WHEREAS, an application for abandonment 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 has been submitted to the Town by Evergreen Devco, Inc., representing the development of the Walgreen's at Ina Road and Thomydale Road with legal authorization from Embassy Plaza, L.L.C., real property owner; 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. § 48-4465; 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 ora 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 Embassy Plaza, Lots 1 - 3 Plat as recorded with Pima County Recorder's office in Book 24, Page 38, 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 EmbassyPlaza, Lots 1 - 3 Plat as recorded with Pima County Recorder's office in Book 24, Page 38, shall be exchanged for a new alignment of the one-foot no access easement legally descr/bed in Exhibit C and as shown on the attached Exhibit D: and 1 1 ? 8 2 9 3 WHEREAS, Evergreen Devco, Inc., representing the development of the Walgreen's at Ina Road and Thomydale Road with legal authorization from Embassy Plaza, REC., real property owner, shall record with the Pima County Recorder's Office a One-Foot No Access Easement within ninety (90) days of the approval of this Resolution by the ToTM of Marana Mayor and Council; and WHEREAS, no permits shall be issued for Walgreen's at Ina Road and Thornydale Road, or street address 3800 W. Ina Road prior to the Recorded One-Foot No Access Easement being · provided to the Town of Marana Engineering Division. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana abandon 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, and as legally described in Exhibit A and more fully depicted in the map attached hereto as Exhibit B, 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, 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 of Marana, Arizona, this 16th day of .~., 2002. M~ON, JR. ATTEST: APPROVED AS TO FORM: As Town Attorney and not personally '7 8 9 3 8 PWI]RDINF/04/llI0210:31 AN Narana, Adzona Resolution No. 2002-46 Exhibit A, B, C, & D Page 2 of 2 RELEASE OF EASEMENT The Town of Marana, Arizona, a political subdivision of Pima County, the State of Arizona, hereby relinquishes all rights, title and interest in and to that certain Easement as set forth in the Embassy Plaza Lots 1-3 Plat as recorded in Book 24, Page 38 Map and Plats, in the office of the Pima County Recorder, Pima County Arizona and more particularly described on the attached legal description Exhibit "A" and shown on the attached map E~xhibit "B'; being made a part hereof. EXCEPT, Reservation (perpetual easement) for all existing public utilities/sewers within the abandonment area. Datedthis _. /~/~" day of ~ ,2002. Attest: : Town of Marana ~Mayor ! ! 3 Exhibits A & B Jam 21 02 12:0Gp (520) 795-1000 F.~t.= (520) 322-6956 www. ric~ng.com LEGAL DESCRIPTION ABANDONMENT OF PORTION OF NO ACCESS EASEMENT THAT PORT[ON OF LOT 2 OF EMBASSY PLAZA, A SUBDIV[SION RECORDED IN BOOK 24 OF MAPS AND PLATS AT PAGE 38, RECORDS OF P[MA COUNTY, ARIZONA, BFTNG ALSO A PORTZON OF GOVERNMENT LOT 7 OF SECTZON 31, TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDZAN; PIMA COUNTY AND BFTNG AL.SO A PORT]ON OF THAT 1.00 FOOT NO ACCESS EASEMENT RECORDED IN DOCKET 6042 AT PAGE .1199 ANDAS DEE[NED BY PIMA COUNTY DEVELOPMENT PLAN FOR EMBASSY PLAZA NO. CO12-79-21, LYZNG NORTHERLY OF AND CONT[GUOUS WZTH THE FOLLOWZNG DESCRIBED I.[NE: COMMENCING AT A THE SOUTHEAST CORNER OF SAID SECT[ON 31, BEZNG THE POINT OF INrFERSECTION OF THE CENTERLINE OF INA ROAD AND THE CE~RLINE OF THORNYDALE ROAD; THENCE NORTH 89°39'14'' WEST 292.88 FEET UPON THE SOUTH LINE OF SAID SECTION 31, THE SOUTH LINE OF SAID GOVERNMENT LOT 7 AND SAID CENTERLINE OF INA ROAD; THENCE N 0020'46" E 75.00 FEET TO THE POINT OF BEGINNING ON THE NORTH RIGHT OF WAY LINE OF SAID :INA ROAD ~,ND THE SOUTH LINE OF SAID LOT 2; .'. THENCE N 89'39'!4" W 60.00 FEET UPON SAID NORTH RIGHT OF WAY LINE AND UPON SAID SOUTH LINE TO THE POINT OF TERMINATION. G :\D_3073~D_L.EGAlS~073LGO3.DOC ! 1 8 4 0 PAGE 1 OF 2 .]an ~1 D~ l~:OSp p.3 LDT 2 ,~,,,,,-, ,lc~,/ PLAZA SUBJECT PARCEL P.O.T. PAGE ,38 OF AND PLA Fo P.O.B. INA EXISTING 1.00' NO ACCESS 1" = 50' · EASE)vENT DKT 6042 PG 1199 75' SE COR SEC P,O.C. ROAD RICK E-~qGINt~.RING CO.AN7 EXHIBIT TO ACCO)~J:'ANY DESCRIPTION WITHIN PORTION OF GOVERNUENT LDT 7 OF SECTION TOWNSHIP 12 SDUTH, RANGE 13 EAST. G&SRU, P[UA COUNTY, ARIZONA PAGE 2 DF 2 18-J AN-2002 ego I $,t~07'z I gO:3. dg~ 4 ! ONE FOOT NO A~CESS EASEMENT Embassy Plaza, L.L.C., GRANTOR, grants unto Town of Marana, a political subdivision, of the State of Arizona, GRANTEE, for the consideration of ONE AND NO/100' DOLLARS, and other valuable considerations, the GRANTOR herein, does hereby convey to the GRANTEE, a one-foot no access easement over that certain tract of land situated in the Town of Marana, Pima County, Arizona and more particularly described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "C" AND MAP EXHIBIT "D" CONDITIONS: That if at any time hereafter the above described easement is abandoned by the Grantee, said parcel of land shall revert to tl~e Grantor, or to the successors in interest of the Grantor, and all right, title, interest or claim existing by virtue and authority of this instrument shall be extinguished. That this easement is perpetual and shall run with said tracts or parcels of land. SUBJECT TO: Existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. And the GRANTOR does warrant the title against all persons whomsoever, subject to the matters above set forth. IN WITNESS WHEREOF, the Grantor has caused its. c, orporat~, name to be signed by the undersigned officer thereunto duly autho~ay of~ 2o0~,?. Exhibits C & D 1 1 ? 8 One-foot No Access Easement Page 2 of 2 STATE OF ARIZONA ) County On this, the ?~_~;nt~av of - -- -/-. ~-;,. ,200._~_, before me, the undersigned, Nota~ Public, personally appeared ~ ~b~ ~. a ackn~edged %~0~ ~ ' tn be thC /~ ~¢~ who the~n~D¢ ~¢ ~ '~ - of , a corporation, and that h~/she as such o~cer being authorized so to do, executed the foregoing instrum?t for the purposes therein contained by signing the name of the corporation by ~'~ ~/~ ~ as such officer. My commission expires: ~ H'4otary PublFs./ ~ IOFFICIAL SEAL MARGARET LYNN WARDE J Nola~ Public- A~lzona ~ ~Pml .M~E COUNTY Exhibits C & D 1 ! ? 8 2 4 1745 East I~ver Road Suite Tucmon, Astoria 85718 'Pet: (520) 795-1000 FAX~ (520) 3224956 R~CK ~G~G COlVfPANY LEGAL DESCRIPTION NO ACCESS EASEMENT THAT PORTION OF LOT 2 Of EMBASSY PI~UZA, A SUBDIVISION RECORDED IN BOOK 24 OF MAPS AND PLATS AT PAGE 38, RECORDS OF PIMA COUNTY, ARIZONA, BEING ALSO A PORTION OF GOVERNMENT LOT 7 OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 13 EAgT, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, AR/ZONA, DESCRIBED AS FOLLOWS: BEING AN AREA OF OPENING WIll, IN THE 1.00 FOOT NO ACCESS EASEMENT RECORDED IN DOCKET 6042 AT PAGE 1199 AND AS DEFINED BY PIMA COUNTY DEVELOPMENT PLAN FOR EMBASSY PLAZA NO. CO12-79-21, FURTHER BEING A 1.00 FOOT WIDE STRIP LYING NORTHERLY OF AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT A THE SOUTHEAST CORNER OF SAID SEQqON 31, BEING THE POINT OF INTERSECTION OF THE CENTERLINE OF INA ROAD AND THE CENTERLINE OF THORNYDALE ROAD; THENCE NORTH 89°39'14.. WEST 200.26 FEET UPON THE SOUTH LINE OF SAID SECTION 31, THE SOUTH LINE OF SAID GOVERNMENT LOT 7 AND SAID CENTERLINE OF INA ROAD; ~ THENCE N 0°20'46'' E 75.00 FEET TO THE POINT OF BEGINNING ON THE NORTH RIGHT OF WAY LINE OF SAID INA ROAD AND THE SOUTH LINE OF SAID LOT 2; THENCE N 89°39'14" W 35.00 FEE/UPON SAID NORTH RIGHT OF WAY LINE' AND UPON SAD SOUTH LINE TO THE POINT OF TERMINATION. G:\D_3073'~D_LEGALR~ 073LG02.DOC PAGE 1 OF 2 I 1 ? 8 9 4 4 p.5 AND PLAT8 SUBJECT PARCEL P.O.T. ~ x/ P.O.B. INA RICK COMP. NY 75' ROAD. iN_EXISTING 1.00' NO ACCESS EASENENT DKT 6042 PO 1199 1" = so' ,Il SE COR SEC 31 EXHIBIT TO ACCOMPANY DESCRIPTION WITHIN PORTION OF GOVERNN{ENT LOT 7OF SECTION 51, TO~NSNIP 12 SOUTM, RANGE 13 EAST, G&SR~, PI~A COUNTY, ARIZONA I 1 8 2 4 PAGE 2 OF 2 18-J AN-2002 ego I $,~0751 gO2. clgn