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HomeMy WebLinkAboutProperty - Deeds/Titles - 1/21/2011, Resolution 11-07, accepting Special Warranty Deed for donation of public ROW of certain r — _ A nn 7- 1111111111011111111110111111111111411111111111111111 F. ANN RODRIGUEZ, RECORDER Recorded By: RJL DEPUTY RECORDER yoF I" Q' O SEQUENCE: 20110210187 � 32 W R � 4 ,NO. PAGES: 22 SOROV TOWN OF ORO VALLEY . 14 .'b 01/21/2011 11000 N LA CANADA '9RIZO�Q' RWAY 12:47 MAIL ORO VALLEY AZ 85737 AMOUNT PAID: $16.50 Regular Session Date: 0/19/2011 Requested by: Scott Nelson, Special Projects Coordinator Submitted By: Scott Nelson, DIS Engineering Department: "Pernairewu es? PLkItlia. Information SUBJECT: RESOLUTION No. (R) 11-c1CCEPTING A SPECIAL WARRANTY DEED FOR THE DONATION OF PUBLIC RIGHT-OF-WAY OF CERTAIN REAL PROPERTY FROM LIN TRUST AND TF NARANJA GROUP, L.L.0 LOCATED ALONG LA CHOLLA BLVD. BETWEEN GLOVER RD. AND NARANJA DR. RECOMMENDATION: Staff recommends approval of this resolution. EXECUTIVE SUMMARY: This dedication is a condition of the original rezoning for the area encompassing the yet to be built Los Saguaros Viejos subdivision, West of La Cholla between Glover Rd. and Naranja Dr. The development is required to dedicate or donate the east forty five (45) feet of their site adjacent to La Cholla Blvd. as public right-of-way. BACKGROUND OR DETAILED INFORMATION: On September 19, 200, the Mayor& Council adopted Ordinance No. (0) 07-38, rezoning the 132 acres framed by La Cholla Blvd. to the east, Glover Rd. to the north, Naranja Dr. to the south and the un-subdivided parcels to the west. The ordinance conditionally rezoned the subject property from R1-144 residential to R1-20 residential. This is Exhibit "A" as depicted on the attached Special Warranty Deed Exhibit. Ordinance No. (0) 07-38 special conditions of approval, condition No. 3 states: "By separate instrument, this development shall dedicate or donate to the Town an additional 45 feet of right of way on La Cholla Blvd." Refer to the legal description in Exhibit "B" for a delineation of the area to be donated to the Town. FISCAL IMPACT: None SUGGESTED MOTION: I MOVE to adopt Resolution No. (R)115 !ccepting from Lin Trust and T/F Naranja Group, L.L.0 a special warranty deed for the donation of public right-of-way of certain real property located along La Cholla Blvd. between Glover Rd. and Naranja Dr. I MOVE to deny Resolution No. (R)11-07 Attachments: Resolution Exhibit A Exhibit B RESOLUTION NO. (R) 11-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING FROM LIN TRUST AND TF NARANJA GROUP L.L.C. A SPECIAL WARRANTY DEED FOR DEDICATION OF PUBLIC RIGHT-OF- WAY FROM CERTAIN REAL PROPERTY LOCATED IN PIMA COUNTY ALONG LA CHOLLA BOULEVARD. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town requires additional right-of-way on La Cholla Boulevard from property owned by the Lin Trust and TF Naranja Group L.L.C.; and WHEREAS, the Lin Trust and TF Naranja Group L.L.C. desire to convey to the Town by Special Warranty Deed for Dedication of Public Right-of-Way that certain real property located in Pima County along La Cholla Boulevard, attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, it is in the best interest of the Town to accept the Special Warranty Deed for Dedication of Public Right-of-Way for said real property. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley that: L The Special Warranty Deed for Dedication of Public Right-of-Way from Lin Trust and TF Naranja Group L.L.C., attached hereto as Exhibit "A", is hereby accepted by the Town. PASSED AND ADOPTED by the Mayor and Council of Oro Valley, Arizona this 19th day of January, 2011. TOWN OF ORO VALLEY Dr. Satish 1. Hiremath, Mayor ATTEST: AP' ' OVE 1 S TO FORM: g r14 SION v ire K. Bower, Town Clerk T.'•in R" -n, own Attorney Date: i/do/ti Date: // 0/ 11 \\I.4.,,onbEendayuick\PuLheil'nmrrV1G1:NDA\I Cthcm00 I:_n(�I_I2c.uluu„ii RI 1-07 I.a Cholla ROW do4. fuun of Oro Valley Allorne,'+(7Ilil•c/la/1220it, EXHIBIT "A' ';1:414aff..7-4.1,41-11raitilittr---12' AP D' ‘i' . , - • . ., • • ..-, e N . dr,,, • ,i;FS-1--- . ., : y - -v Glover Rd. _ iti. : "litrArrt- .AiiiittlIIMM1176TAtith .. OrdiplOWICVS.Ww?li i 1 'At "r47' ::.; irailU,'4 i,,Ift ....y,_ korit, 4 - oillrfais f. Wad .-:-,-I.. ., Virrire Vir s wo fr yo_...4" eltiL____Ii Illy Ai iiimp.:,,, ir .,.:: i., 1 . , iiit , N.,f '" -1-0'-1-e, (1 ) Om 12 1111 !, :41 rfill ."bi. ti't,zi \14-olf 4,-' iqii- 111 1111 iiii . *:-:.:i'l '''4'''' t - i 4-4\,&40 iit 1 AMO, „ • . 4, , ,‘,... I kri,11( -- La Cholla Blvd. Donation nim - ._:._-4>,. it,.A4-do .,„vour 1. t..\,. i,,, 4 ,1/41 . . 0 )1 45' x 2535' (±2.6 ac.) ..."ff cAlr i ' .0,il# 0 A. #,' ,•"1.44 l'o . ..,,,,,, Ni1/4,,,,'71+ - s‘- N- , 0. , 4 4r0,,,,, 11 4,,,,,, ),.,,i1,, ,,„ .JAL.. , ° __* i..., ,,.,i It ,1;4. ) , 0441,11 , . 4144rt _At 4Vs',, i) Y1:-.ci , . cti . , tv,4•04e. :41/ , 4'1„1.10' 1 te ia ppAll - 0 sv-N,,i 1 ,.,--_-. , 1, .„ . io i xt , -10. 44-t---i rf-7941,-,3, - r 0.1 -41 i ' lire ;' Jr(t 0 iii *1 ts -,,, ,/is-4. O j J tie, .ir va lipA 4 1 OA Al III I h 6 jilt44 -- 1 'kw 41_IA ____.14_ ,.. ___ 1(1.._ \'‘Ii----- _ ''--01:j 4-.1i lig, Aisei--_.rzei -:F/Sjilttir(raiilpths storitivA7P-vt:t. l'irmlitit:14 t. ":"!. Ilt 4 isa)1111 / . il„, 4 low.„,...4 . . . ire;, ___. tio. h440,7- - iiriuse_44 ill -4 . --- -- „ , 4a. ) 'i. ! k‘ ip • • Noti., .„„,„A_____1, 1., __.,;44*-- , , '''i..,;'''''',/,11 4 rill” Milli - IntkIS''' '"14 'WM:. ti,w,it - w *1 - „, -1 ralVOI*41 ' .a< '101 10 * .4 / 4IP 3,1741"):44th ,, r4110 vit:i' mos se b IN. ,. I. *i -.4,inik ji . '.41 -ilb-ft. It r: 11 4 , ..,sil,iiv. , _11. or.. ,_. . 0 ...,... , ,, , , Omi g...0iii.c, ft il ri piToovlas rimid,,,, il,.:, vi. : 1 i. , . " ofir . - , Ns , * air of littiereibik A 4 - 7* ,,,, ; t i er41,„4,,,,,, , ,,,,i, .., . ryY . , , a, , ,..... 10 tom ki\ ‘,;.0 - ..o,,i1 aim • - .„ . .....,-, itytihfisit . . ._±. . .. ,,, ,,,-- ,,, 4, . ., .,, ,.... ,,./v:‘, , • „e6, ' 'r .... .i. . b ' '.. ' - LW& _Le:/..... «N, \ _4- - - - ,.::-:! ,,__,ax....r.„....... .....c.1,4,- Dr.--rz-z.„7-.. , ...,....... . . . . .-_,...., 41, En . ,.. • • . ••,• - , - . --- �,a� ��n� _. i, rim- ce' o ,:-: 61111 . ;. .. i-Fts� EXHIBIT 'A': LA CHOLLA BLVD. 30. N J.� RIGHT-OF-WAY DONATION AREA F9 ��....M.1 When Recorded Return To: Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Special Warranty Deed For Donation of Public Right-Of-Way For the consideration of charitable purposes, KUO-MING LIN, also known as KENNETH LIN, and YING-HUA LIN, as Co-Trustees under trust agreement dated January 11, 1980, known as the LIN TRUST; YANG-WEN LIN, a single man; ORSON LIN and EMMA LIN, husband and wife; and T/F NARANJA GROUP, L.L.C., an Arizona limited liability company ("Grantors") do hereby make a charitable gift and convey to the Town of Oro Valley ("Grantee") for a right-of-way all right, title and interest of the Grantor in that certain real property located in Pima County, Arizona described on the attached Exhibit A. This charitable conveyance is only subject to all taxes, assessments, patent reservations, covenants, conditions, restrictions, servitudes, easements, encumbrances, liens, liabilities, declarations, restrictions imposed by imposed by governmental entities, and any other matter of record or any matter which an accurate survey or physical inspection would reveal. Grantors warrant title only as to the acts of Grantors. Exempt from Affidavit of Value pursuant to A.R.S. Section 11-1134(A)(3). Dated this day of December, 2009. Grantors: _7/3R KUO-MI G L . 4 kt own a$ Kenneth Lin, as Trustee for Lin .ust dated January 11, 1980 1 /;:1tA:r. YIN - U IN, as Trustee for Lin Trust dated January 11, 1980 YANG-WEN LIN ORSON LIN EMMA LIN T/F NARANJA GROUP, L.L.C., an Arizona limited liability company By: Charles L. Townsdin Its Manager State of Arizona ) ) ss County of Pima ) f')1e rejt-- -ol 0 This document was acknowledged before me on this If da11.day of De e�e- 9 by KUO- MING LIN, also known as Kenneth Lin, as Trustee of the LIN TRUST dated January 1 1, 1980. !. 8C; -' )- 1"1 ,----7.,,,---,-2___.....- My Commission Expires: Notary Public State of Arizona ) _...; ELISABETT VARGAS ) ss :cwt Notary Pubilc,State oIArizona 5,.."14:4:!.:4 Pima County My Commission Expires 7.2,,,.,:r. September 09, 2011 2 County of Pima ) /'2Ta reh X/O This document was acknowledged before me on this 1/ day of -- - -- :_ !:' • y YING-HUA LIN, as Trustee of the LIN TRUST dated January 11, 1980. M Commission Ex fres: 4� '"' EUot 8ABETT VARGAS ary Public �l Notary Public,State of Arizona Pima County My Commission Expires rte..' September 09, 2011 State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by YANG-WEN LIN. My Commission Expires: Notary Public State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by ORSON LIN. My Commission Expires: Notary Public State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by EMMA LIN. My Commission Expires: 3 jI When Recorded Return To: Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Special Warranty Deed For Donation of Public Right-Of-Way For the consideration of charitable purposes,KUO-MING LIN, also known as KENNETH LIN, and YING-HUA LIN, as Co-Trustees under trust agreement dated January 11, 1980,known as the LIN TRUST; YANG-WEN LIN, a single man; ORSON LIN and EMMA LIN,husband and wife; and T/F NARANJA GROUP, L.L.C., an Arizona limited liability company("Grantors") do hereby make a charitable gift and convey to the Town of Oro Valley("Grantee")for a right-of-way all right,title and interest of the Grantor in that certain real property located in Pima County, Arizona described on the attached Exhibit A. This charitable conveyance is only subject to all taxes, assessments,patent reservations, covenants, conditions,restrictions, servitudes; easements,encumbrances, liens, liabilities, declarations,restrictions imposed by imposed by governmental entities, and any other matter of record or any matter which an accurate survey or physical inspection would reveal. Grantors warrant title only as to the acts of Grantors. Exempt from Affidavit of Value pursuant to A.R.S. Section 11-1134(A)(3). Dated this day of December,2009. Grantors: KUO-MING LIN, also known as Kenneth Lin, as Trustee for Lin Trust dated January 11, 1980 1 YING-HUA LIN, as Trustee for Lin Trust dated January 11, 1980 • • NG- -f EN LIN / ORSON LIN EM M.A LIN T/F NARANJA GROUP,L.L.C., an Arizona limited liability company By: Charles L. Townsdin Its Manager State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by KUO- MING LIN, also known as Kenneth Lin, as Trustee of the LIN TRUST dated January 11, 1980. My Commission Expires: Notary Public State of Arizona . ) ss 2 . • County of Pima ) This document was acknowledged before me on this day of December, 2009 by YING-HUA LIN, as Trustee of the LIN TRUST dated January 11, 1980. i My Commission Expires: Notary Public 1 1 State of Arizona ) I )ss County of Pima ) -LI,)rUct,y -3S,‘90t0This document was acknowledged before me on this' day of by YANG-WEN LIN. -.1.1 de .....7- _ ,4061, • AL& RGAS �*� =��� Notary Pubic,State of Arizona � � :::NkaPimeLountyNotary Public My Commission Expires September 09, 20'11 State of Arizona )ss County of Pima ) This document was acknowledged before me on this day of December,2009 by ORSON LIN. My Commission Expires: • Notary Public State of Arizona ) ) ss County of Pima ) i E This document was acknowledged before me on this day of December, 2009 by EMMA LIN. i 1 1 I My Commission Expires: i 1 3 1 i Notary Public State of Arizona ) ) ss County of Pima ) This document was acknowledged before.me on this day of December, 2009 by CHARLES L. TOWNSDIN, as Manager of T/F NARANJA GROUP, L.L.C. My Commission Expires: Notary Public NOTE: The beneficiaries of the Lin Trust dated January 11, 1980 are disclosed in Docket 10835 at page 2346. 1iI 4 When Recorded Return To: Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Special Warranty Deed For Donation of Public Right-Of-Way For the consideration of charitable purposes, KUO-MING LIN, also known as KENNETH LIN, and YING-HUA LIN,as Co-Trustees under trust agreement dated January 11, 1980,known as the LIN TRUST; YANG-WEN LIN, a single man; ORSON LIN and EMMA LIN,husband and wife; and T/F NARANJA GROUP, L.L.C., an Arizona limited liability company ("Grantors") do hereby make a charitable gift and convey to the Town of Oro Valley ("Grantee") for a right-of-way all right, title and interest of the Grantor in that certain real property located in Pima County, Arizona described on the attached.Exhibit A. This charitable conveyance is only subject to all taxes, assessments, patent reservations, covenants,conditions, restrictions, servitudes, easements, encumbrances, liens, liabilities, declarations, restrictions imposed by imposed by governmental entities, and any other matter of record or any matter which an accurate survey or physical inspection would reveal. Grantors warrant title only as to the acts of Grantors. Exempt from Affidavit of Value pursuant to A.R.S. Section 11-1134(A)(3). Dated this day of December,2009. Grantors: KUO-MING LIN, also known as Kenneth Lin, as Trustee for Lin Trust dated January 11, 1980 1 Y IN G-H UA LIN, as Trustee for Lin Trust dated January 11, 1980 YANG-WEN LIN ORSON LIN 14(_:-- - EMMA LIN T7F NARANJA GROUP, L.L.C., an Arizona limited liability company By: Charles L. Townsdin Its Manager State of Arizona. ) )ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by KUO- MING LIN, also known as Kenneth Lin, as Trustee of the LIN TRUST dated January 11, 1980. My Commission Expires: Notary Public State of Arizona ) ) ss 2 County of Pima ) This document was acknowledged before me on this day of December, 2009 by YING-HUA LIN, as Trustee of the LIN TRUST dated January 11, 1980. My Commission Expires: Notary Public State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by YANG-WEN LIN. My Commission Expires: Notary Public State of Arizona ) ) ss County of Pima ) rr1aek b « This document was acknowledged before me on this i day of ,-` 009 by ORSON LIN. t f.m.„,oll t , r diOa.a__f-- . i„ez, . - , -, .-..tGAS A l !Hoz& Notary Pubaic,Stateof Arizona •otary Public I ` : �-,� Pima County My Commission Expires -i: September 09, 2011 State of Arizona ) ) ss County of Pima ) marah , o f 6 This document was acknowledged before me on this I day of 9 by EMMA LIN. 1 • My Commission Expires: �� II ELISABETT VARGAS w Notary Public,State of Arizona �,k4i � Pima County My Commission Expires 3 -i September 09, 2011 Notary Public State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December, 2009 by CHARLES L. TOWNSD1N, as Manager of T/F NARANJA GROUP, L.L.C. My Commission Expires: Notary Public NOTE: The beneficiaries of the Lin Trust dated January 11, 1980 are disclosed in Docket 10835 at page 2346. 4 When Recorded Return To: Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Special Warranty Deed For Donation of Public Right-Of-Way For the consideration of charitable purposes,KUO-MING LIN, also known as KENNETH LIN, and YING-HUA LIN, as Co-Trustees under trust agreement dated January 11, 1980, known as the LIN TRUST; YANG-WEN LIN, a single man; ORSON LIN and EMMA LIN, husband and wife; and T/F NARANJA GROUP, L.L.C., an Arizona limited liability company ("Grantors") do hereby make a charitable gift and convey to the Town of Oro Valley ("Grantee") for a right-of-way all right, title and interest of the Grantor in that certain real property located in Pima County, Arizona described on the attached Exhibit A. This charitable conveyance is only subject to all taxes, assessments, patent reservations, covenants, conditions, restrictions, servitudes, easements, encumbrances, liens, liabilities, declarations, restrictions imposed by imposed by governmental entities, and any other matter of record or any matter which an accurate survey or physical inspection would reveal. Grantors warrant title only as to the acts of Grantors. Exempt from Affidavit of Value pursuant to A.R.S. Section 11-1134(A)(3). Dated this day of December, 2009. Grantors: KUO-MING LIN, also known as Kenneth Lin, as Trustee for Lin Trust dated January 11, 1980 1 YING-HUA LIN, as Trustee for Lin Trust dated January 11, 1980 YANG-WEN LIN ORSON LIN EIvIMA LIN T/F NARANJA GROUP,L.L.C., an Arizona limited liability company By: Charles L. Townsdin Its Manager State of Arizona ) ) ss County of Pima ) This document was acknowledged before me on this day of December,2009 by KUO- MING LIN, also known as Kenneth Lin, as Trustee of the LIN TRUST dated January 11, 1980. My Commission Expires: Notary Public State of Arizona ) )ss 2 Notary Public State of Arizona ) N r SS J o >- N County of Pima ) Q w a tbr liar, c1)11 This document was acknowledged before me on this day of bWyIt) - m O Q CHARLES L.TOWNSDIN, as Manager of T/F NARANJA GROUP,L.L.C. < >- a 0 w der CI I Q u- 7- - o 4My Commission Expires: ` I 4 �-- a' - Nota blic �.�' ` ,; ,Nt I NOTE: The beneficiaries of the Lin Trust dated January11, 1980 are disclosed in A.1:41/i,ii i 3;,' Docket 10835 at page 2346. /4-7-44 tipo% 4 EXHIBIT "B' October 22, 2009 WLB No. 199032-A006-1003X T WLB W:\LEGALS1199032\ROW-LACHOLLA-ALL.doc roup Inc. • • . l EXHIBIT "B" LEGAL DESCRIPTION OF LA.CHOLLA BOULEVARD RIGHT-OF-WAY DONATION The West 45.00 feet of the East 75.00 feet of the Southeast Quarter (SE 1/4) of Section 4, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona. Except the South 75.00.feet and the North 50.00 feet thereof; Including a spandrel being a three sided parcel bounded on the south by a line being the South { 75.00 feet and on the east by the West line of the East 75.00 feet of said Southeast Quarter (SE 1/4) and on the Northwest by a tangent curve concave to the Northwest with a radius of 25.00 feet; • Also including a spandrel being a three sided parcel bounded.on the north by a line being the North 50.00 feet and on the east by the West line of the East 75.00 feet of said Southeast Quarter (SE 1/4) and on the Southwest by a tangent curve concave to the Southwest with a radius of 25.00 feet; Prepared by: THE WLB GROUP, INC ` 511.1-0:11 ,fitorfPg,4b. /Pt. 12214 JACK A. BUCHANAN Jack A. Buchanan, RLS � 1.1 JAB: mo EXPIRES 3/31/2011 (INDICATES RENEWAL DATE) Page 1 of 1 .INT.1 4 CUR. E 1/4 COR. GLOVER i ' -‘1P-- _ _ _ _ _ -- -- -- - - -- - -- - - - - -- -- - - cRQAD- 1$ R=25' 0 i ,• } 1 1 1 50' FUTURE ROW 45'--*--- , 30' , , , im'O F---, c 1, 1 751--,----0 ►--. , , , tfl I ! APN 224- 11 -038A r , : I i : 1 r , A I , , P *Z b, c\1 11 1 I i''' .4- U i SE 1/4 .....a 1 ! ' SECTION 4 Ii "' q ' ' FAL. o �1 1r 0 � APN 224--11--0600 .a4 F-4 'C ' (\i' cC' 1 1 ✓/ U d cQ !APN 224-11-061D 0 i � o j i 1 / coq ! : : 75 1 ' APN 224-11--061 CJ , . I 11 110,— —a-75' = � I R25' / ' -- -- __ 1 ' ` ---- 1 I --1__ _- -- NARANJA DRIVE -- -- -- -_ 4 3 __ BOOK 10, PAGE 5?'ROAD MAPS 9 vt.J10 S.1/4 COR. 11 1 EXHIBIT "B" TO ACCOMPANY DESCRIPTION OF RIGHT-OF-WAY D ONA TION SECTION 4, T. 12 S., R. 13 E., G.&S.R.M., PIMA COUNTY, ARIZONA 1 "=400' The ILIVIE /N ' WLB Grou p fr,c. Mr i WLB# project No. 199032—A001-1003X N:01990320surveyDEXBT—ROW.dwg Plotted: Oct. 26,2009 i 1