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HomeMy WebLinkAboutEasements - 9/21/1987, Resolution No. 305, Abandonment of a Utility Easement lying within the Ram's Hill Develop DO NOT DETACH CERTIFICATE FROM DOCUMENT RaeEIVED SEP 2 1 19871 PIMA COUNTY RECORDER RICHARD KENNEDY, RECORDER TWO OROmid PIMA COUNTY, ARIZONA CERTIFICATE OF RECORDING 09/16/87 14: 37: 00 NO. OF PAWS: 008 SEQUENCE: 8715 x,205 DOCKET: 08121 PAGE: 2148 RECORDING TYPE: RESOLUTION/PROPERTY GRANTOR: ORO VALLEY TOWN OF GRANTEE: RES #305 8 PAGES AT $ 4. 00 CONVERSION FEE . 00 0 AFFIDAVIT AT 2.00 EACH . 00 SOROV 0 COPIES AT 1 . 00 EACH „ 00 -ORO VALLEY TOWN O R 1 POSTAGE AT 1 . 00 TACH 1 . 00 0 ' EARIM:HE`=; AT 10. 00 EACH „ 00 1c:900 N STALLARD PL STE 100 ORO VALLEY AZ 85737 TOTAL 5. 00 GFS AMOUNT PAID $ 5. 00 DEPUTY RECORDER 2000 AS21 AMOUNT DUE $ .00 THE ABOVE SPACE FOR RECORDERS USE ONLY TO BE RECORDED AS PART OF DOCUMENT 1)3PIMA • • • •**V • • J • • 31) • Yr) •+1* v .4,• `-°6 C,) • ‘4 • • d • g • ,_ • 11PilL• • T• • „„,,, , >* . • • t. • • • OF ik%: 8121 2148 tr RESOLUTION NO. 305 RESOLUTION FOR ABANDONMENT OF A UTILITY EASEMENT LYING WITHIN THE RAM'S HILL DEVELOPMENT AT LA RESERVE SUBDIVISION, AMENDING RESOLUTION NO. 287, ACCEPTING DEDICATION OF UNDERGROUND UTILITIES EASEMENT, AND DECLARING AN EMERGENCY. WHEREAS, it has been determined that the certain utilities easement, more particularly described in Exhibit A attached hereto and made a part hereof, is greater than is necessary to achieve its purpose, and WHEREAS, a portion of said easement- has previously been abandoned pursuant to Resolution No. 287, said property being described in Exhibit B which is attached hereto, and WHEREAS, the owner/developer of the above described property desires that the utilities easement presently in place on said property be reduced and that the surface easement presently existing be extinguished and abandoned, and WHEREAS, the affected utilities have given their consent to the abandonment and extinguishment of an above-ground easement and to the utilization of a remaining ten (10) foot wide underground utility easement as described in Exhibit A, and WHEREAS, in order to facilitate and permit recording in one document it is necessary to amend Resolution No. 287 to reflect the entire scope of Abandonment, and WHEREAS, such abandonment is permitted pursuant to A.R.S. § 28-1902, and WHEREAS, the owner of the above referenced easement wishes to establish and to dedicate a 10 foot underground easement, which easement is set forth in Exhibit C which is attached hereto and which easement is the same legal description as set forth in Exhibit A hereto, with the exception that the easement is an underground easement, and WHEREAS, the affected public utilities have consented thereto: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: 1 8 1 212 1 4 9 1. That portion of the utilities easement, described in Exhibit A, is hereby vacated and abandoned and title to the above referenced property shall vest in the owner of record of the property encumbered thereby. 2. That portion of the utilities easement described in Exhibit C is hereby accepted as an underground public utilities easement. 3 . The Town Clerk is hereby ordered to record this resolution and the accompanying exhibits in the County Recorder's Office, Pima County, Arizona. 4. Whereas, it is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this resolution shall become immediately operative and in full force and effect from and after the date of posting hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this 26th day of August , 1987. APPROVED this 26th day of August , 1987, by the affirmative vote of three-fourths (3/4's) of the members of the Town Council of the Town of Oro Valley. 4( .4:1-e/ /E. S. Eng e, Mayor ATTEST: i,, Kathryn uvelier Town Clerk APPROVED AS TO FORM: Town Attorney 2 8121 215 0 • , EXHIBIT B Page 1 of 3 RESOLUTION NO. 287 RESOLUTION FOR AN ABANDONMENT OF A UTILITY EASEMENT LYING WITHIN THE RAM'S HILL AT LA RESERVE SUBDIVISION WHEREAS, it has been determined that that certain utilities easement, more particularly described in Exhibit "A" attached hereto, and made a part hereof, is wider than is necessary to achieve its purpose, and WHEREAS, the owner/developer of the surrounding . property desires to have that utilities easement reduced in width and; WHEREAS, the affected utilities have given their consent to the reduction in width of-the easement width and; WHEREAS, such abandonment is permitted pursuant to A.R.S. § 28-1901: NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: 1. That portion of the utilities easement, (described in Exhibit "A") which portion is more particularly described in Exhibit "B" attached hereto and made• a part hereof, is hereby vacated and abandoned, and titled to the above referenced property encumbered thereby. 2. The Town Clerk is hereby ordered to record this resolution in the County Recorder's Office, Pima County, Arizona; PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, this day of , 1987. • E. S. "STEVE" ENGLE, MAYOR TOWN OF ORO VALLEY: Town Clerk APPROVED AS TO FORM: Town Attorney 8 1 2 1 21i EXHIBIT B Page 2 of 3 EXHIBIT "A" That certain 20' utility easement, recorded in 4. - Docket 71-72, page 842, records of Pima County, Ram's Hill at La Reserve subdivision, as recorded in book 39, page 100, maps and plats, Pima County, Arizona. • •r • 8 1 2 21i2 EXHIBIT B Page 3 of 3 •. EXHIBIT "B" The East 10' of that certain 20' utility easement .•, recorded in Docket 71-72, page 842, records of Pima County, which lies along the western boundaries of lots 29 through 35, Ram's Hills at La Reserve subdivision, as recorded in book 39, page 100, maps and plats, Pima County, Arizona. • • 8121 2153