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
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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
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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
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8121 215 0
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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
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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.
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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.
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