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HomeMy WebLinkAboutProperty - Deeds/Titles - 1/26/1998, Quit Claim Deed, TOV (Grantor), Michael & Linda Vaughn-Arnold, Lot 9 of Linda Vista Citru E. ANN RODR I GUEZ, _CORDER //!; CIVET: 10719 ..GE: 11 9 RECORDED BY•� JEB DEPUTY RECORDER tillipliI NO. OF PAGES: 3 ECS12 RODD .., GEC�UENCE:', 9801 tae � -_ `. SOWN • `1.111 01 /26/08 ' TOWN OF ORO VALLEY` $ 'ifo'tl QCDEED 15:06:00 11 000 N LA CANADA ENVELOPE ORO VALLEY AZ 85737 AMOUNT PA 1 D $ 7.PO When recorded, return to: Michael E. &Linda A. Vaughn-Arnold 180 West Linda Vista Boulevard Oro Valley, Arizona 85737 EXEMPT A.3 QUIT CLAIM DEED For the consideration of Ten Dollars, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, The TOWN OF ORO VALLEY, ARIZONA does hereby quit claim to Michael E. Arnold and Linda A. Vaughn-Arnold, husband and wife any interest of the TOWN OF ORO VALLEY in the real property situated in Pima County, Arizona specifically and legally described as follows: SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A RESERVING an easement for existing sewer, gas, water, or similar pipelines, or for canals, laterals or ditches, or for electric, telephone and similar lines which shall continue as they existed prior to the abandonment. RESERVING unto Robert E. & Barbara A. Tschanz as Co-Trustees of the Robert E. Tschanz Family Revocable Trust, dated December 6, 1993, their successors and assigns, an exclusive easement of sixteen (16) feet wide, being the east 16 feet, for ingress and egress, placement of mail boxes and a decorative driveway entrance. Said easement to be used for residential purposes only, to access Lot 4 as shown in the plat for Linda Vista Citrus Tracts No. 2,‘as recorded in Book 6, page 79, Pima County Book of Maps and Plats. Dated this J ay of December, 1997. TOWN OF ORO VALLEY, ARIZONA '� ,, .,--4,,, "OFFICIAL SEAL" 4 , , o,' ,.., „..,.,,..„...,.,,,_,.....„......................,...........„......„, ''.. Roxana C6 .� _d G.Garrity g (.,-.- - Nota Public-Arizona Cher 1 Skalsk a or _'" ryY y, y `, �.. .> �, Pima County S N`-1411,-- My Co nm;ssion Expires 1/31/2001 STATE OF ARIZONA ) • SS. County of Pima ) "NI\ This instrument was acknowledged before ' �� g d be o e m e this day of December, 1997, by Cheryl Skalsky, Mayor of THE TOWN OF ORO VALLEY, ARIZONA, on behalf of the Town. 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Sk y� Clu b Linda Vista Citrus Tracts8 Bk. 39 &yM P—P . , 24 Bk. 5 M&P Pg. 7cr 2 z g 21 20 19 18 17 ii SCALE 1 = 200 /\) _ / - - -----------=--------W _J J 4 10 1 1 12 13 14 15 16 /. ' . MINIS CD v / . Lot 9 / Lot 10 Linda Vista Citrus Tracts / Linda Vista Citrus Tracts Bk. 5 M&P P 72 Bk. 5 M&P Pg. 72 9 / Point of Beginning / SKETCH OF QUIT CLAIM OVER A PORTION OF THE SW 1/4 SEC. 13, South 1/4 Cur. T-12—S, R-13—E, G.& S.R.M., Section 13 PIMA COUNTY, AZ. SCALE: 1' = 200' DRAWN BY: R.S U. JOH NO.: - ME: 7/91 TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 3 Plat Map showing the affected areas Quitclaim Deed Resolution No. (R) 97-63 Minutes of June 4, 1997 Town Council Meeting Sketch showing affected area relative to Lot 1 and Common Areas FISCAL IMPACT: The Town of Oro Valley does not collect income/revenue for the proposed vacated property. RECOMMENDATIONS: There are no known Town of Oro Valley plans to use this proposed vacated right-of-way. Nevertheless, staff has concerns about the lack of right-of-way behind the curb if this request is approved. In the existing condition, there is an unusually wide area of public right-of-way between the curb and the property line of Lot 1. However, Lot 1 does abut public right-of-way. So, Lot 1 is not land locked. It has access to the paved public street across public right-or-way. It is not necessary for this abandonment request to be approved for the sole purpose of Mrs. Leasman resolving her legal issues. In almost every case, residents of Oro Valley gain access to a paved public road by crossing a strip of public right-of-way between their property line and the street. In many of these cases, homeowner improvements, such as mailboxes, landscaping, and concrete driveways occupy that strip of public Right-of-Way. This condition is not objectionable to staff so long as public traffic safety is not compromised. Staff would prefer that a 10-foot wide buffer zone behind the existing curb be retained. This buffer area could be utilized as sidewalk area, drainage swale, or some other unforeseen construction. Staff recommends that the application previously filed be withdrawn and a new one prepared. The new application should allow for a 10-foot buffer zone behind the existing curb. Staff would then have no objection to abandoning the remaining portion of the request. If the existing application can be verbally amended by the Town Council, then staff would recommend approval. SUGGESTED MOTION: The Town Council may wish to consider the following motion: I move to approve the request to vacate a portion of Calle Loma Linda Public Street Right-of-Way subject to a revised legal description being provided by the applicant which provides a 10 foot buffer area behind the existing curb. Or I move to deny the request to vacate this entire portion of Calle Loma Linda Public Street Right-of-Way, as presently described and authorize waiving the fee for a new application that provides for a 10-foot buffer area behind the existing curb. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 3 Or I move to approve the request to vacate the 5419 square feet of Calle Loma Linda Public Street Right-of-Way. Or I move Department Head b kg,r.er t LI � Town Marta:-r 06/04/97 Minutes, Council Regular Session - 15 12. OV 12-97-3 ALZHEIMER'S FACILITY (AKA CLARE BRIDGE OF ORO VALLEY) NATIVE PLANT SALVAGE PLAN (PROPERTY LOCATED SOUTH OF GREENOCK DRIVE ON THE WEST SIDE OF ORACLE ROAD) Planning and Zoning Director Don Chatfield stated that the Development Review Board recommended approval of,the native plant salvage plan for this project. He stated that Planning Staff also recommends approval of the native plant salvage plan for the Alzheimer's facility, Clare Bridge of Oro Valley. Mayor Skaisky asked about the storage of salvaged trees and whether the trees could be immediately planted into other areas instead of storing them. Councilmember Kautenburger stated that he felt a method should be developed for the storage and replanting of trees and maybe Council could address the subject at the Joint Study Session with the Parks Advisory Board. MOTION: Councilmember Butrico MOVED to approve OV 12-97-3. the Alzheimer's facility (aka Clare Bridge of Oro Valley) native plant salvage plan, with those conditions listed in Exhibit "A". Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 13. RESOLUTION NO. (R)97-32 APPROVING AND AUTHORIZING THE FILING OF A CONDEMNATION ACTION IN ORO VALLEY COUNTRY CLUB ESTATES NEAR _...------TrstALLE BONITA AND CALLE LOMA LINDA (BLOCK 14 ORO VALLEY ESTATES BOOK 13, MAPS AND PLATS, PAGE 60) FOR THE PURPOSE OF OBTAINING A DRAINAGE CHANNEL Town Attorney Tobin Sidles stated that a citizen bought property which included driveway and landscaping. There is a drainage channel on the property which was later discovered to belong to the Homeowner's Association. He stated the Homeowner's Association desires to sell the property to the homeowner but due to Homeowner Association's Covenants, Codes&Restrictions (C.C.& R.'s), the association cannot sell because all the first lenders are required to give their permission for the sale. He stated that both parties have asked the Town to condemn the property, the Town would then get the drainage channel and the property owner would pay the Homeowner's Association for the property in question. Dwight Connely, Attorney for the Placita del Oro Homeowner's Association, stated that all of the homeowners have agreed to dispose of this property as they recognized the concern to the adjoining property owner and the opportunity for the Town to acquire the drainage. The association had attempted to sell the property without the Town's involvement, however the association's C.C.&R's require the approval of every first lender. Ten of the mortgage companies would not respond. Mr. Connely stated that the association can upon condemnation, participate in the deeding of the property in lieu of condemnation. He stated that this condemnation would help solve the problem with the adjoining homeowner. 06/04/97 Minutes, Council Regular Session 16 Councilmember Johnson asked whether the C.C.&R's could be amended. Mr. Connely stated that explained that amendments also require the unanimous approval of the first mortgagees and they will not return any correspondence or telephone calls. p Jane Leasman, owner of Lot 1 at Oro Valley Country Club Estates, expressed her hopes that Council would approve the condemnation of this property. She stated that the drainage is a serious problem and she has invested $3500 into protecting the property with rip rap. Bob Little, Attorney for the Leasmans, stated that if there are problems with lienholders, they can be served during the condemnation process. Discussion followed regarding options available to the Leasman's, the Town's eventual control of the drainage and the leasing of the property and the pending litigation. MOTION: Vice Mayor Parisi MOVED to CONTINUE Resolution No. (R)97-32 indefinitely to allow further investigation into the legal ramifications that the Town may have with the condemnation. Councilmember Johnson SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that this is the first time the Council has been approached with such an action, and there are many questions that need to be resolved before a precedent setting decision should be made. He suggested that the applicant should take all action necessary to remedy the situation. CALL FOR THE QUESTION: Motion carried, 3 - 2, with Councilmember Kautenburger and Councilmember Butrico opposed. RECESS REGULAR TOWN COUNCIL SESSION Mayor Skalsky recessed the regular session of the Town Council at 9:25 p.m. and called the OVWID #1 Board of Directors Meeting to order. 1. CONVENE OVWID #1 BOARD OF DIRECTORS MEETING: ACCEPTANCE AND APPROVAL OF METRO DOMESTIC WATER IMPROVEMENT DISTRICT'S 1997/98 ANNUAL BUDGET ADJOURN OVWID #1 BOARD OF DIRECTORS MEETING Town Engineer David Hook stated that as the Board of Directors of the Oro Valley Water Improvement District#1, the Town Council reviews the approved Metropolitan Domestic Water Improvement District (MDWID) fiscal year budget. Mr. Hook stated that staff recommends acceptance of the Metropolitan Domestic Water Improvement District budget for Fiscal Year 1997/98. RECORDED BY: JEB ;r4tt PAGE: 1135 DEPU RECORDER . OF PAGES: 1" 2012 ROOD _s:R i '; XIENCE: 98012920 SOROV ' ����; 11‘.° TOWN OF ORO VALLEY 4/triol RES 15:06:00 11000 N LA CANADA ENVELOPE ORO VALLEY AZ 85737' AMOUNT PAID $ 7.00 RESOLUTION NO. (R)97- 61 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, VACATING A PORTION OF THE CALLE ALMENDRA RIGHT-OF-WAY WHEREAS, the Town of Oro Valley has the authority to vacate dedicated rights-of-way pursuant to Section 7-7 of the Oro Valley Town Code; and WHEREAS, portions of the Calle Almendra right-of-way have been previously dedicated to the Town through the platting process for Linda Vista Citrus Tracts and Linda Vista Citrus Tract No. 2; and WHEREAS, the dedicated road is unimproved and is not needed for public use; and WHEREAS, no land adjoining said dedicated road would be left without access to a public street; THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, to approve the vacation of Calle Almendra as described in exhibit A, to Robert E. and Barbara A. Tschanz. PASSED this 22 day of October , 1997, by the Mayor and Town Council of the Town of Oro Valley, Arizona. _ iel Cheryl Sic.' Icy, Mayor ATTEST: APPROVED AS TO •RM: //f,7‘,4 a4..dt4tn; Kathryn E. Cuvelier, Town Clerk Tow0571 fl— -4/ Date Date