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Property - Deeds/Titles - 5/19/1998, Quit Claim Deed, TOV (Grantor), to Aubrey & Jane Leasman, portion of common area D in Pla
TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS INTEROFFICE MEMORANDUM TO: o E ANDREWS FROM: Ta44 IM HOSSLEY SUBJECT: LEASMAN PROPERTY— QUIT CLAIM DEED DATE: SEPTEMBER 11, 2002 CC: ROXANA GARRITY; STEVE FAABORG I have enclosed a recorded Quit Claim Deed of Town property to the Leasmans. The legal descriptions for the two parcels in Exhibit A of said deed appear to be correct. Parcel 1 is the description of a portion of property the Town gained via condemnation. I have a copy of the recorded warranty deed for the condemned property. Most of the condemned property remains in the Town's ownership for drainage purposes. The remainder, described as Parcel 1, is what was conveyed to the Leasmans. Parcel 2 is the description of the Calle Loma Linda right-of-way that was quit-claimed to the Leasmans. I believe receipt of this recorded Quit Claim Deed puts our concerns to rest and completes the document trail for Leasman property exchanges. Please let me know if you need more information. • • F. ANN RODRIGUEZ, RECORDER ., DOCKET: 10799 E RECORDED BY: CML PACE: 3073 A DEPUTY RECORDER 111,1PIkt.` `, NO. OF PAGES: 4 x S 1951 ROOD \. I!m��i SEQUENCE: 19980761192 T TLATI �� � 05/19/98 S LAWYERS TITLE . QCDEED 17:28 I 5255 E WILLIAMS CIRCLE STE 1050 D TUCSON AZ 85711 PICKUP E AMOUNT PAID $ 9.00 DOCUMENT TITLE: QUIT CLAIM DEED FILE#401191 ADF �"--T" N r`- *'- 4z, 4 —..., c' 1,--„; SEP. 2002 _.,,, ., ,...,: ,-,. > TOWN OF ORO YAIIEY T.:. `¢ DE}1 OF PUBLIC WORKS 1. 10799 3073 bk r . ;11 . I A298-10 QUITCLAIM DEED FROM AFFIDAVIT R298-0404 EXEMPT UNDER ARS A-5 d this 30th day of April '19 98 ' T� QUIT DEED, by fust party,Grantor, Town of Oro Valley, Pima County, Arizona office address is 11000 N N. La Canada Drive whose post Oro Valley, Arizona 85737 party,second Grantee, Aubrey and Jane Leasman AKA AUBREY W. LEASMAN AND JANE H. LEASMAN , husband and wife whose post office address is 9780 N. Cal le Loma Linda . Oro Valley, Arizona 85737 That the said first party,for good consideration and for the sum of . WITNESSETH, the receipt whereof hCiebY Ten Dollars(S 10.0 0 )paid by the said second party, and quitclaim unto the said second party forever,all the right,title,inter- acknowt�dgcd,does hereby remise,release g following described tel of land,�improvements and inter- est and claim which the said first party has in and to the f gto wit: appurtenances thereto in the County of Pinta ;State of Ariozna See Legal description, Exhibit A and B IN WffNESS WHEREOF,'rhe said first party has signed and sealed these presents the day and year first t,• e written.Signed,scaled and delivered in presence of: rTh 1P4art27Q4 ,.a SiL- ._.. .r. . .._ of First Si of Witness Signature Mayor, Town of Oro Valley 'I' Ll t 1 Pri, " . . of Witness ' t name of First N ,/tiee-c, c n„ .'21&4_,riY110(vIS.., -�- Signature of First Party Signa ►f Witness ' 6e,g4ir Clerk n Towof Oro Valle /C- Print name of Fust Partypmt �. - of Witness State of Arizona } County of Pint► .X,upt�' c ir On Oh..4011- f qg u bbefore me, c5itu appeared Dick Raxe '!ar'r • evidence)to be the person(s)whose name(s) personally known the(or proved to me on the basis of F� yacknowledged to me that he/she/they executed the same in is/arc subscribed to the within instrument and ark ,K, son the instrument the person(s), or the • it authorized capa�pfiY(ieS),and that by signature(s)his/her/theinstrument ntit n behalf of which the persons)acted,executed the � y� WITNESS my hand and official seal. . c/btijai.a2f-difiaL ' - Affiant Knovrn__.. "cOd ID Si:' '. �'�.` r�,.�.��r.�,- 1�pe of ID ;ti,t,;,,j "OFFICIAL SEAL" .."111114fr. Shannon C.Ritchie cR�+► (Seal)� .10.!)..; Public-Arizona ' Abele Notary iik..--_., Pima County i0799 307 h I a 0 li ., . State of Arizona County of Pima ,19 9 8 ,subscribed,sworn to,and acknow edged before me by On this, 0th day of Ap r i 1 and sworn to before me by, /l/? �r and Oct B� grantor,subscribed,deposed �foregoing Quitclaim Deed they saw �ifQ�' ,witnesses,who say that on the date ofB therein mentioned,and that for A//49sign,seal,and deliver the same for the purposes t of the granegrantor. &4,- and signed the same as witnesses at the request � 7raai4 WITNESS my hand and official seal. __ -5bit`li7C- Affiant I/Ks�awn______Producxd ID Signature of Rotary _ �,,-,�,-,.. , ,-rte-:,��'���/, Type of ID ---�— !(---���;� "4��ICIAL SEAL" (Seal) - \ �!`4fShannon C.Ritchie 4:1'; `M Notary Public-Arizona++'' =- Pima County .:'ter, t�� �► My Commission Expires 8/31/2001 ./'moi_/ :I.'/: /• - • 10799 3075 Exhibit A CASE NO.401191 Parcel 1: A portion of Common Area D in PLACITA DEL ORO PATIO HOMES,recorded in Book 34 of Maps and Plats at page 18, Pima County,Arizona,and further described as follows: COMMENCING at the extreme Southeasterly corner of said PLACITA DEL ORO PATIO HOMES,which point also lies on the Westerly line of ORO VALLEY ESTATES,recorded in Book 13 of Maps and Plats at page 60,Pima County,Arizona; THENCE South 75 degrees 58 minutes 35 seconds West along the Southerly line of said PLACITA DEL ORO PATIO HOMES,a distance of 50.37 feet to a point; THENCE along a curve Northwesterly having a radial bearing of South 59 degrees 21 minutes 07 seconds West and a radius of 228.00 feet,a central angle of 12 degrees 03 minutes 24 seconds,an arc distance of 47.98 feet to a point; THENCE North 43 degrees 54 minutes 24 seconds East a distance of 111.74 feet to a point on the Easterly line of said PLACITA DEL ORO PATIO HOMES; THENCE South 00 degrees 00 minutes 35 seconds West along the Easterly line of said PLACITA DEL ORO PATIO HOMES,a distance of 106.71 feet to the TRUE POINT OF BEGINNING. Parcel 2: COMMENCING at the most Southwesterly corner of Lot 1,ORO VALLEY ESTATES,a subdivision of record in Book 13 of Maps and Plats at page 60,Pima County,Arizona,and being the TRUE POINT OF BEGINNING; THENCE North 00 degrees 00 minutes 35 seconds East along the Westerly line of said Lot 1 a distance of 110.60 feet to a point,which is the Southeasterly corner of PLACITA DEL ORO PATIO HOMES,a subdivision of record in Book 34 of Maps and Plats at page 18,Pima County,Arizona; THENCE South 75 degrees 58 minutes 35 seconds West along the Southerly line of said PLACITA DEL ORO PATIO HOMES subdivision a distance of 55.74 feet to a point lying approximately 10 feet behind the back of an existing concrete curb; THENCE along a curve Southeasterly which has a radial bearing of South 58 degrees 53 minutes 20 seconds West and a radius of 235.00 feet,a central angle of 25 degrees 10 minutes 02 seconds and an arc distance of 103.22 feet to a point; THENCE South 89 degrees 59 minutes 25 seconds East a distance of 21.52 feet to the TRUE POINT OF BEGINNING. • 10799 3076 •' '* .MAY 28'9:8Pte: '2;47 TM 1 ilii V GUT 201 N.CENTRAL AVE.,SUITE 3300 ONE S.CHURCH AVE.,SUITE 800 PHOENIX,ARIZONA 85073-3300 TUCSON,ARIZONA 85701-1620 TELEPHONE (520)628-7070 ROJENF.E'LDpLc. TELEPHONE (602)257-7422 Attorneys Since 1 9 2 1 FACSIMILE (602)254-4878 FACSIMILE (520)624-3849 Frank Cassidy Reply to the Tucson Office Direct(520)388-4792; Phoenix local 257-7955 fcassidy@gustlaw.com May 27, 1998 Cuvelier,, Town Clerk TOWN OF ORO VALLEY (rce 11,000 North La Canada Drive Oro Valley, Arizona 85737 Re: Town of Oro Valley v. Placita del Oro Homeowners Association (Leasman) Our File No. 006766-90026 Dear Kathy: Enclosed are original recorded warranty deeds from the Leasmans to the Town of Oro Valley for a portion of the drainage easement which was being exchanged part the as Town of this transaction, and from Placita del Oro Homeowners theTown of Oro Valleyfor a portion of the drainage easement which was Association to acquired by the Town in condemnation. Please contact me if you have questions regarding this matter. Sincere , éassidE he Firm FJC:sw 155481 Enclosures F. ANN RODR I GUEZ, RECORDER , o md`' DOCKET: 1043/b fA PAGE: 647 RECORED PY: CAMS ! NO. OF PAGES: 1 DEPUTY RECC R005 = 'T'ql SEQUENCE: 7, _ . _212 1970 .� i• / 97 � - 11/20/ SOROV ��iio� 12:58:00 TOWN OF ORO VALLEY RES 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 8.00 RESOLUTION NO. 97-62 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,PIMA COUNTY,ARIZONA,APPROVING AND AUTHORIZING G OF A CONDEMNATION ACTION FOR THE PURPOSE OF THE FILING OBTAINING A DRAINAGE CHANNEL AND PROPERTY IN THE ORO VALLEY COUNRY CLUB AREA VALLEY is a political subdivision of the State of Arizona, is WHEREAS,ORO and benefits,and entitled to the immunities vested with all the rights, privileges under the and exemptions granted municipalities and political subdivisions P Constitution and laws of the State of Arizona and the United States; and q WHEREAS,the acquisition of property and drainageways is necessary to the publics health, safetyand welfare in order to provide for flood protection and adequate drainage; and WHEREAS,the TOWN COUNCIL deems it necessary in the interest of providing for the health,safety and welfare of the citizens of the TOWN OF ORO VALLEY to authorize the Town's legal counsel to proceed with said condemnation action that the citizens of ORO in order to ensure VALLEY have adequate drainage and flood protection; NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY ORO VALLEY,ARIZONA: counsel and staff are authorized to proceed with the filing of �. That legal condemnation documents and any action to obtain property in the area of Loma Linda the Oro Valley Country Club near Calle Bonita and Calle Lo (Block 14, should Oro ValleyEstates Book 13, Maps and Plats,page 60) this be found to be desirable in their discretion. Staff is authorized to negotiate a solution and take all steps necessary to accomplish this to final resolution. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley,Arizona this 5th day of November , 1997. TOWN OF ORO VALLEY,ARIOZONA Cheryl Skalsk M-yor ATTEST: Kathryn . Cuvelier,Town Clerk 10676 847 F. . ANN RODRIGUET 'E :DEF'. f• --,- .. ..:. i : 10798 • RECORDED BY: Ia. ce7 P141' ). ....,..: 2026 .. . DEPUTY RECORDER 5 __‘:;t4ii, NO. OF PAGES: 3 194 1 RO2D 'C -*IP • SEQUENCE: 19980750754 TLAT IsilizicOe' 05/18/98 TOWN OF ORO VALLEY WTDEED 17:00 C/O GUST ROSENFELD ONE S CHURCH AVE STE 800 MAIL. TUCSON AZ 85701 AMOUNT PAID $ 10,00 'TUCSON , ARIZONA 8b /U1 I 00401190--046-ADF EXEMPT FROM AFFIDAVIT Warranty Deed For the consideration of Ten Dollars, and other valuable considerations, 1 or we, AUBREY W. LEASMAN and JANE H. LEASMAN,husband and wife do/does hereby convey to TOWN OF ORO VALLEY, AN ARIZONA MUNICIPAL CORPORATION the following real property situated in Pima, County, Arizona: See Exhibit A attached hereto and made a part hereof. AFFIDAVIT OF VALUE EXEMPT UNDER ARS 42-1614 A 5. SUBJECT TO: Current taxes and other assessments,reservations in patents and all easements,rights of way, encumbrances,liens, covenants, conditions,restrictions, obligations,and liabilities as may appear of record. And Ior we do warrant the title against all persons whomsoever, subject to the matters set forth above. Dated this 30TH day of APRIL, 1998. ) I A.4 'i t –.0.4,44u4.di 4,, Aviv diatf.- _ ---. — AUBREY '' . LEASMAN dOrA H. LEASMAN 1 ri '7 0 ci 9 fl 9 . I • . Thi,s inst ment was :cknowle ged before , this 19 � by STATE OF ARIZONA O , day o ,_ / ss AUBREY W. LEAS ' N and JANE H. County of Pima LEASMAN T OFFICIAL Sr A c �: L/0 / - (. / ii:rA, ., j a,e/I.1 -.).if - (..._ � , y/`' r�' ,r'. t =•N �`r' Notary Pubic *���- `` Mycommission will expire -v��— j �..�•.r,r-���-'�.,'`F�'`-�.-vim.. 1 ( 1 O Q : not •CASE NO. 401190 A portion of Lot 1 ORO VALLEY ESTATES, a subdivision of record in Book 13 of Maps and , Platspage at a e 60, Pima County, Arizona, and further described as follows: COMMENCING at the most Northerly corner of said Lot 1, being the TRUE POINT OF BEGINNING; THENCE South 00 degrees 00 minutes 35 seconds West along the Westerly line of said Lot 1 a distance of 160.00 feet to a point; THENCE North 47 degrees 44 minutes 23 seconds East a distance of 88.07 feet to a point on the Easterly line of said Lot 1; g THENCE North 32 degrees 53 minutes 10 seconds West along the Easterly line of said Lot 1 a distance of 120.00 feet to the TRUE POINT OF BEGINNING. Ln7q ; 7112R F. ANN R.ODRIGUr— :ORDER .tvo mkt CKET : 10795 E RECORDED BY: I _GE: 3070 A - ' DEPUTY RECORDER 14111V1 NO. OF PAGES: 3 1951E s R44, ROOD V440,6 , / SEQUENCE: 19980761191 T TLATI .4141019; 05/19/98 S GUST ROSENFELD PLC WTDEED 17:26 I ONE NORTH CHURCH 800 D TUCSON AZ 85701 MAIL E AMOUNT PAID $ 10.00 DOCUMENT TITLE: WARRANTY DEED FILE#401191-ADF I n -ic4ci 3070 ,: ti r • When recorded, return to: NO Rensf8r Fee-Exempt ARS 42, 614 Frank Cassidy GUST ROSENFELD P.L.C. One North Church Avenue, Suite 800 Tucson, Arizona 85701 WARRANTY DEED For the consideration of Ten Dollars, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PLACITA DEL ORO HOMEOWNERS ASSOCIATION AN ARIZONA NON—PROFIT COPORATION does hereby convey to TOWN OF ORO VALLEY,PIMA COUNTY, ARI ZONA tyPima Coun , Arizona specifically and legally described as follows: the real property situated in A portion of Common Area D in Placita Del Oro Patio Homes recorded in Book 34 of Maps and Plats at Page 18, Pima County, Arizona, and further described as follows: Commencing at the Southeasterly corner of said Placita Del Oro Patio Homes, which point also lies on the Westerlyline of Lot 1 of Oro Valley Estates recorded in Book 13 of Maps and Plats at Page 60, Pima County, Arizona; Thence South 75 degrees 58 minutes 35 seconds West along the southerly line of said Placita Del Oro Patio Homes a distance of 60.83 feet to a point on the northerly right of way line of Calle Bonita private street; Thence along a curve northwesterlyalong the northerly right of way line of said private street havinga radial bearing of South 58 degrees 33 minutes Calle Bonita 59 seconds West and a radius of 218.00 feet, a central angle of 25 degrees 02 minutes 48 seconds, an arc distance of 95.29 feet to a point; Thence North 60 degrees 00 minutes 35 seconds East a distance of 103.51 feet to a point; Thence North 00 degrees 00 minutes 35 seconds East a distance of 161.66 feet to a point; g Thence South 89 degrees 59 minutes 25 seconds East a distance of 35.00 feet to a point; PLACITA DEL ORO ROMEO WNERS ASSOCIATION DEED TO ORO VALLEY PAGE 1 OF 2 1 fl 0 C r I A w . Thence South 00 degrees 00 minutes 35 seconds West along the easterly line of said Placita Del Oro Patio Homes a distance of 266.71 feet to the True Point of Beginning. • against allpersons whomsoever, SUBJECT TO current taxes and and does hereby warrant the title of s reservations in patents, and all easements and rights of way as may appear other assessments, record. day May, 1998. of Dated this PLACITA DEL ORO HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation ,, i , By: r / ,^ % , Z' -- ,....-- e vin Lewan'owski, President ^ + M N.7./L./ By: �- XI-CM Larr ichols, Secretary STATE OF ARIZONA ) SS. County of Pima ) S"cl - • acknowledged before me this day of May, 1998, by Melvin This instrument was g Lewandowski, the President of PLACITA DEL ORO HOMEOWNERS ASSOCIATION, an Arizona non- profit corporation, on behalf of the corporation. -D,11‘,/— My commission expir es: Notary Public 51/1-'?1 2`'vr-7.,..--;- . , _ .•. li . s ,.., p arz. , oF 11 STATE OF ARIZONA ) - NO SS. • County of Pima ) This � ��-da of May, 1998, byLarry instrument was acknowledged before me this y Nichols, the Secretary of PLACITA DEL ORO HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, on behalf of the corporation. 7jLFw My commission expires: Notary Public � r2.47 1 2—(A,/ ..1„;,..„ .—,-,.., _ ,:,,:,„,,,,,,,,. t we _4j,..:4) ar PLACITA DEL ORO HOMEOWNERS ASSOCIATION DEED TO ORO VALLEY PAGE 2 OF 2 11i iQL r f 79 / N {tr{ff,{✓rfttt1 41S)/04111 $:.,,91, •F} w..,IJ� •.f .l•,3 lr • `f�rffl'�•S/••• �jr •..err !!!}}}///"`JJJ��� f fff ff�✓<�r- -tff ^/1 ftffr'fr�ffff�f �� UNDED1 Office of the Town Attorney Memo To: Jim Hossley, Stormwater Divi ion Manager From: Dan Dudley, Town Attorne Cc: Bill Jansen, Town Engineer;Roxana Garrity, Deputy Clerk Date: June 14, 2002 Re: Leasman Property—Quit Claim Deed and Title Report Please find attached a copy of the Title Report and Quit Claim Deed regarding the above property. Please review the Legal Description for accuracy. If the description is accurate, we clearly have a problem with the title to this parcel. Please advise as to how to proceed. DLD/c4 Attachments F:Vvie..public WoticsWossley•Lannon.doc • No. 218453 SPECIAL REPORT SCHEDULE A 1. This report is for informational purposes only and is not to be considered as a commitment to issue any form of Title Insurance Policy. This report is for the sole use and benefit of the parties set forth in Number 2 below and liability is hereby limited to the amount of the fee paid. This report was prepared from only those items of public record shown in the title plant indices of the issuing company to show the condition of title as reflected by same. Those items to which the hereinafter described land is subject are set forth in Schedule B, Part Two. No attempt has been made to reflect the condition of title relating to the items set forth in Schedule B, Part One. 2. For the use and benefit of: The Town of Oro Valley 3. The Title to the fee estate in the land described herein is at this date hereof vested in: Susan M. Dennis Trustee of The Susan M. Dennis Living Trust,dated September 7,2000,by Deed recorded April 5, 2001, as Docket 11521, Page 2518 4. The land referred to in this report is situated in Pima County, Arizona, and is described as: SEE EXHIBIT "A" ATTACHED HEREIN Search made to May 1, 2002 at 7:30 A.M. FIRST AMERICAN TITLE INSURANCE COMPANY By: David Riley/dpr 520-615-5421 No. 218453 EXHIBIT "A" That portion of Section 14,Township 12 South, Range 13 East Gila Salt River Base and Meridian,Pima County,Arizona,more particularly described as follow: Commencing at the most Southwesterly corner of Lot 1, ORO VALLEY ESTATES,a subdivision of record in Book 13 of Maps and Plats at Page 60, Pima County,Arizona, and being the True Point of Beginning; Thence North 00 degrees 00 minutes 35 seconds East along the Westerly line of said Lot 1 a distance of 110.60 feet to a point, which is the Southeasterly corner of PLACITA DEL ORO PATIO HOMES, a subdivision of record in Book 34 of Maps and Plats at Page 18, Pima County, Arizona; Thence South 75 degrees 58 minutes 35 seconds West along the Southerly line of said PLACITA DEL ORO PATIO HOMES subdivision a distance of 55.74 feet to a point lying approximately 10 feet behind the back of an existing concrete curb; Thence along a curve Southeasterly which has radial bearing of South 58 degrees 53 minutes 20 seconds West and a radius of 235.00 feet, a central angle of 25 degrees 10 minutes 02 seconds for an arc distance of 103.22 feet.; Thence South 89 degrees 59 minutes 25 seconds East a distance of 21.52 feet to the TRUE POINT OF BEGINNING. (JV Arb 12, lot 1 Bk. 13,Pg. 60 and Arb 33, Sec. 14 T12S, R13E) ti No. 218453 SCHEDULE B PART ONE: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens, or encumbrances,or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water; whether or not the aforementioned matters excepted are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. No. 218453 SCHEDULE B (All recording data refers to records in the office of the County Recorder in the County in which the land is situated.) EXCEPTIONS: 1. Taxes for the full year of 2002. (The first half is due October 1, 2002 and is delinquent November 1,2002. The second half is due March 1,2003 and is delinquent May 1, 2003.) NOTE: Taxes are assessed in the total amount of$2,992.00 for the year 2001 under Assessor's Parcel No. 224-34-001A (Paid,with other property). 2. Any charge upon said land by reason of its inclusion in Metropolitan Domestic Water Improvement District . 3. Covenants, conditions and restrictions in the document recorded as Docket 1379, Page 555, amended as Docket 9013, Page 1608 of Official Records,but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin,to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. 4. Any charge upon said land by reason of its inclusion in The Oro Valley Country Club Estates Association, an Arizona non-profit corporation. 5. Easements, restrictions, reservations, conditions and set-back lines as set forth on the plat recorded in Book 13 of Maps, Page 60,but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color,religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 6. An easement for electric lines and facilities and incidental purposes, recorded as Book 74 of Miscellaneous Records, Page 545 of Official Records. 7. An easement for power and telephone utilities and incidental purposes, recorded as Docket 1739, Page 50 of Official Records. 8. Existing Easements and Rights of utilities to maintain lines and faclilites within Loma Linda as show on said Subdivision Map, as abandoned in Mesne instruments one of which is contained in the Resolution and Order under Proceedings No 2293,a copy of which recorded as Docket 6155, Page 663 Official Records No. 218453 9. An easement for existing Tucson Electric Power Company facilites, a 15.00 foot wide and incidental purposes,recorded as Docket 6155,Page 663 of Official Records. End of Schedule B NOTE:There are no further matters of record concerning said property as of the date hereof. • )R'S RECORD MAP . ORO VALLEY ESTATES 1 DETAIL No . 1 - 25 . il. , .: 0 . I, , -,.. ' Ig\‘ a Xe — N` laL " • OVi ' RO �° i 1 if% çf& ' SO s. .. 0 74 - 4, f /! 1� 1. � ,.� 49 -I ". 0 111 o t. a- mr\ <1;. 4 L ,0"\--s 49 . 1 r—, 06 -, vo t <s) *• �� / 4s• •�, 8 . �, ,. 4 14 0 . /4 "N. B '‘.48 1,1"/ ..... _ • - .460 .) t• 44:Y 74. 3to.3r, ` 2A' 0 1� / '406N12": 6`. . v iy 4.tr F •1••S; •i• 1 s� / 0 -Cr‘.. 61* %N r20/.sii,. W. ,� 47 ISA :� � •�� 4 4 CI /•1 • 4P4.4r-go' id \ 8 64'/bt 43 ; : , po•kee 4. 7 .4. . 46 212' ` 0 �7.f'l �.�' �' -.0 a3, 1,41. .) rte• 6 i0 '� ;ç \%\,I45 . C , 0 t 1 1 ei 0‘. 1 1 I \•• 18 * �_ ` `• \ €) / 1 gill F • * \ 0 -bj 4 w' 8 I i 0 t, \ • > 1, A, / s' /. it ® 'cl, 4' „,,, . 0 \" *. ,..e. _, __,.... . lijtp „ 0 7 • 41i I 1 •6b. p. ♦ - (11) •.•s -1r yr' 1 • 9 e ci)0. � � $ Z% ° \ a< 0• • ci) 1 \ • •' ç2L\ €5 A_... , IA - `o/_ ,_- ..� ._.,.�- _z.,,,,_........__1 _�._________,s,.,„,\ ` ire .''a._ —�2 r Ant—� ..#J. __/Io'---.. iso•---i —/i!'----•. ' %t!' _. ---.._ !4�— . o� (' �-- .moo- � • -x244' Ui.%l%�j► rE' /I�!/It 1 I 21 22 i� _ it 13 1 ' 0 \ � 23 • ips �" 14iCti) ' 2 6 ,� A ` ' CD OO • ` � It 1 ,-71P.94'nue /S!' /t.' /t•'__ 1 1 /li- />>.ice' A� •I• ,g,,o V A CA TIE D O Y O A.a' N o. s-q, bit • ;� too' ge /QQ. CO. - Vv. 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We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ©2001 The First American Corporation-All Rights Reserved ♦- M RPR AZ98-10 QUITCLAIM DEED Pt--5 R298-04 Executed this 3 0th day of April QUITCLAIM DEED, , 19 9 8 , by first party,Grantor, Town of Oro Valley, Pima County, Arizona whose post office address is 1 1000 N. La Canada Drive Oro Valley, Arizona 85737 to secondart ,Grantee, Aubrey and Jane Leasman P y ost office address is 9 780 N N. Calle Loma Linda whose Q • Oro Valley, Arizona 85737 WITNESSETH, That the said first party,for good consideration and for the sum of . 1 0.0 0 )paid by the said second party, the receipt whereof is hereby Ten Dollars($ remise,release and quitclaim unto the said second party forever,all the right,title,inter- estacknowledged,does hereby rem , art has in and t:i the following des..i=ibed parcel of had,and improvements and and claim which the said first partyto wit: appurtenances thereto in the County of Pima ,State of Ar o z na See Legal description, Exhibit A and B The said first partyhas signed and sealed these presents the day and year first 1N WITNESS•WHEREOF, ab• e written.Signed,sealed and delivered in presence of: . Signature of FirstI i—(_ P Si afore of Witness Mayor, Town of Oro Valley -l' a-\ t 1 t ,S_. nod-eic Prinam7 of Witness r.11i.4name of First P h tlarS ...r). gnatu iSignature of First Party f Witness k_A. iN/A14_,,r_q114f. k.,__ --�- Clerk, Town of Oro Valley _/C-— 6,e4 f Print n of Witness Print name of First Party State of Arizona } County of Pima - • On (OM - _ ,q9 a. before m , i� Li )t akicii , , • ,Lpi Rax4ia 6a/'r . name(s) appeared �t�k ��'� satisfactory evidence)to be the person(s)whose n e( ) / personally known o me(or proved to me on the basis of rY the same in Pe y • subscribed to the within instrument and acknowledged to me that he/she/they executed is/are • 'es and that byhis/her/their signature(s) on the instrument the person(s), or the his/her/their authorized capac�tyCl )� entitY upon behalf of which the person(s) instrument. acted,executed the WITNESS my hand and official seal. . L.2 /I - 0t.it _' /Known Produced ID Affiant_ Kno ___ -Abe • •M S i:f,,,f,,,,--y`�- .... , ,,,-- -- .f Type of ID ,`,.i.fj,` "OFFICIAL SEAL" l (Seal) * '', Shannon Ritchie s �.:�. ;� C. c nscd 2/9"1 - ( j -#) Notary Public-Arizona """E ti r Pima County t=►' My Commission Exp • 8/31/2001 ..,... . -- _. / ► . State of Arizona } County of Pima O n this 30th daY of April , 1998 ,subscribed,sworn to,and acknowledged before me by i c% ` subscribed,deposed and sworn to before me by4Ct 111 i'5(a-kr ,and ,D �B � grantor, p -ili. 6rad- ,witnesses,who say that on the date of the foregoing Quitclaim Deed they saw the grantor A2'C 9,0/i/5o/1 sign,seal,and deliver the same for the purposes therein mentioned,and that 7ra ' and 6t'i47 signed the same as witnesses at the request of the grantor. WITNESS my hand and official seal. /'_ _ L_5-/efilitt1( t ,1 .e(7 • / Known=Produced ID Signature of Notary Affiant i ?:..3 . "OFFICIAL SEAL" Type of ID ill � � � (Seal) Shannon C. Ritchie .;,-'.fir-- '�'`'` � ` Notary Public-Arizona ' -- V <, Pima County �� 1 ` My Commission Expires 8/31/2001 * • ` " .A..., ..\\ ' L TOWN OF ORO APPLICATION TO VACATE PUBLIC STRzia, OR ' (PER TOWN OF ORO �� 3llICS W! . f 0r2 3( A ", „. 7Y ` .,,. • legal and engineering costs: ���.� Fees to cover administration, gas Abandonment of streets and alleys 5780. 0 `z5, •, NOTE:: Al 1 fees are non-refundable • Jane H. Leasman Date February 21 , 1997 1. Applicant 575-0809 9 8 0 N N. Calle Loma Linda Telephone Address 85737 Valle state AZ zip City ir• for vacating I hereby make application a Street or Alley description of the �' follows:described as An accurate legal�, �. ���.i.c�ed.� to be vacated must be p. property See Exhibit A and B . acceptable title report and a county Applicant scant must .provide an P or alley.a All adj nce nt 3. PP mapupon the subject street Y assessor's P propertyand phone numbers must also be owner's,� their addresses included. • � authorization for the requested `en permission and 4. Writ P from all a f f ectad public utilities. abandonment must be secured permission must be Copiesb letters of authorization and of allthis with this application. timeof the application appropriate Applicant shall furnish at legal al descriptions of 5. QuiDeed forms setting forth accurategpursuant to theof Quitclaim pr iia a to be conveyed to the Town the property proposed owner. The legal 1 vacating for each abutting property e �e legal request of 'shed on each deed showing th description sha�Z be furnl property owner, and the proportion of ri ght-o f may which will be deeed to the propertyowner upon approval by the Town it tting upon vacating. PARCEL WITHIN CALLE LOMA LINDA RIGHT OF WAY TO BE ACQUIRED Commencingat the most Southwesterlycorner of Lot 1, Oro Valley Estates, a subdivison of record in Book 13 of Maps and Plats at Page 60,Pima County, Arizona, and being the True Popint of Beginning; Thence North 00 degrees 00 minutes 35 seconds East along the westerly line of said Lot 1 a distance of 110.60 feet to a point,which is the Southeasterly corner of Placita Del Oro Patio Homes, a subdivision of record in Book 34 of Maps and Plats at Page 18,Pima County, Arizona; Thence South 75 dgreees 58 minutes 35 seconds West along the southerly line of said Placita Del Oro Patio Homes subdivision a distance of 55.74 feet to a point lying approximately 10 feet behind the back of an existing concrete curb; PP Y Thence Along a curve southeasterly which has a radial bearing of South 58 degrees 53 minutes 20 seconds West and a radius of 235.00 feet, a central angle of 25 degrees 10 minutes 02 seconds and an arc distance of 103.22 feet to a point; Thence South 89,degrees 59 minutes 25 seconds East a distance of 21.52 feet to the True Point of Beginning. 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' •i4 '-' n‘4*40 ••W4f A PA 64 j'N•.' 4 Y'' '1'"' s 4 (1)( - ,,,, :: ??-ci3 r : „,_ ,,vi,,, i7ipist. r , ' -,-- ,.:.:xx , . 9_ ,s.4-, z,),, - . LA Q r c ., \..),. Vkvt-- • ..i.e), , . reel - N:-.. . . v1 0 ' 0, , :,cf_. . (1- -N -J, . , _ ... \ ,. - . . • F P, i 0. `s' ..,-.1.,,-1- .0 " 6N:- \Oc, a , .<0 'a � ' �- •� `.1)10.59 r�n o0 3 5 °�� .. _ CZ --• ,.1 k\----t4rar- ,-,iy's7....r.........-,..,. -. ,�� �, fried, _. ,� �� 0 4/ • .-�Lt 10.88 0‘1,, r?\ t"") ' 0 0 '2 \C) °, 0 \NO • 4 , . ..'"e %\''°,,,''CPco 6 I • � �'�� , a , `cam '` '.3°"' `. cP i rt.'6d , .a 0� �� `P Q0 ,, o �� ,v ,,v AP0 ` �� .a �g �p G, •..s, aro 4a t' v ', .. ., 0 0,\1,3 -0 -cY/,, ,t'j %)) . it(1--J .a ,(,C) 4/ 4 15)) ' . .1 . ,, \ie ,,<0 if.." 0(0-) 1/49, vl .a 1/42 ei... . „p, \f}.r1;"" - 19 op.) • c,, .1--) 9.,°) .< , ,$), 4,c) \4 '' \k ..? ,. (1-,- \\ ..,,,, . /8' . c 0, t.) t-1 1.*,.N,,, k,„ ,(:) • 225.001 ' • 3.9e--,,. /8 I "i (f� I�f,,•O `, I / . t1.1co ' .-"R%' -'`%' 91 _.. rl_..___ _.__..._�_. _._.__._. _ - -- -.. A/ 7•,. r ..0 b% -..� ....r•^ i n V1 i 1 r d A r.1 ^r• 11 I'' /-•. • 11/05/97 Minutes, Council Regular Session 5 MOTION: Councilmember Kautenburger MOVED to approve staff recommendations A-D and Resolution No. (R)97-62 authorizing Town staff to proceed with the friendly condemnation action, with costs to be paid by Jane Leasman: a. The Town Council authorize staff to proceed with a friendly condemnation action; b. The Town Council authorize staff to pursue other legal and administrative action as required to establish a public drainage easement for the drainage flow from points upstream; c. Staff be directed to preserve existing private improvements and be allowed to remain in place, as is, so long as they do not interfere with the drainage flow or present a traffic hazard; d. Staff be directed to maintain the drainageway as appropriate. Councilmember Johnson SECONDED the motion. Motion carried, 5 - 0. 4. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)97-63 VACATION OF A PORTION OF CALLE LOMA LINDA PUBLIC STREET RIGHT-OF-WAY BORDERING LOT 1 OF ORO VALLEY ESTATES TO JANE H. LEASMAN, 9780 N. CALLE LOMA LINDA, ORO VALLEY, ARIZONA (CONTINUED FROM 10/1/97) Town Engineer David Hook stated that the vacation of a portion of Calle Loma Linda right-of- way was first brought to Council on October 1, 1997 by Ms. Jane Leasman. The portion of the right-of-way is adjacent to Lot 1. Mr. Hook explained that at the October meeting, staff could not support the application due to the lack of a buffer area behind the curb. Since that meeting, staff has met with Ms. Leasman who has agreed to modify her application and submit a revised legal description that would leave a 10 foot buffer strip parallel to the curb. Mr. Hook stated that staff would have no objections to abandoning the remaining portion of the request with the proposed changes to Ms. Leasman's application. Mayor Skalsky opened the public hearing. Jane Leasman, 9780 N. Calle Loma Linda, stated that she is willing to modify her application and allow for the 10 foot buffer but would like to see all the requests completed at the same time. Mr. Hook explained that the timing of the abandonment as it relates to the condemnation was the issue Ms. Leasman was referring to and staff felt the condemnation process should come first in order to make Leasman's the property owner on all sides. Ms. Leasman thanked the Council for their cooperation and help in resolving their property issues. Town Attorney Tobin Sidles stated that a time condition could be added to the motion that the vacation occur after the Title has been cleared. Mayor Skalsky closed the public hearing. t 411, 11/05/97 Minutes, Council Regular Session 6 MOTION: Councilmember Kautenburger MOVED 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 and that the vacation occur after the Title has been cleared. Councilmember Johnson SECONDED the motion. Motion carried, 5 - 0. 5. PUBLIC HEARING - ORDINANCE NO. (0)97-32 OV9-97-8 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT, NEIGHBORHOOD - 10 PARCEL N Planning and Zoning Director Don Chatfield stated that the Planning and Zoning Commission voted on October 7, 1997 to recommend approval of amendments to the Rancho Vistoso Planned Area Development (PAD), Neighborhood 10, Parcel N and staff supports their recommendation. Mayor Skalsky opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Councilmember Johnson MOVED to approve Ordinance No. (0)97- 32, OV9-97-8, an amendment to the Rancho Vistoso PAD policies, to allow the proposed revision to building setbacks in Neighborhood 10, Parcel N, only. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 - 0. 6. PUBLIC HEARING - ORDINANCE NO. (0)97-33 AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 11, ARTICLE 11-1, OFF STREET PARKING, REGARDING THE STANDARD FOR THE LOCATION OF HANDICAPPED PARKING Planning and Zoning Director Don Chatfield stated that the Planning and Zoning Commission addressed a problem with the Zoning Code, Chapter 11 regarding locations of handicapped parking. The Commission and staff recommend approval of the changes to Chapter 11, Article 11-1. Mayor Skalsky opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Councilmember Butrico MOVED to adopt Ordinance (0)97-33, the Amendments to the Oro Valley Zoning Code Revised, Chapter 11, Article 11-1 Off Street Parking relating to handicapped parking, as recommended by the Planning and Zoning Commission. Councilmember Kautenburger SECONDED the motion. Motion carried, 5 - 0. 7. PUBLIC HEARING - OV8-97-1 MIRAGE HOMES REQUEST FOR CONDITIONAL USE PERMIT TO ESTABLISH A LODGING HOUSE FOR LONG AND SHORT TERM RENTALS IN THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT MEDIUM TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 5, 1997 TO: HONORABLE MAYOR& COUNCIL FROM: David G. Hook, P.E. Town Engineer Resolution 97-63 SUBJECT: Vacating a Portion of Calle Loma Linda Public Street Right —of-Way Bordering Lot 1 of Oro Valley Estates SUMMARY: The applicant, Ms. Jane H. Leasman has requested the Town of Oro Valley to vacate a portion of a Public Street Right-of-Way. A completed application and a$780 application fee [per Town Ordinance No. (0)90-22] was submitted to the Town on July 2, 1997. The requested vacated portion of the Public Street Right-of-Way is a portion of the Calle Loma Linda Street Right-of-Way adjacent to Lot 1 of Oro Valley Estates and abutting Common Area "D". This vacation process required Town Council to approve or deny the request. A Council Communication was prepared and presented to the Mayor and Council for their meeting of October 1, 1997. After discussion and questions raised by the applicant, this matter was continued to the November 5, 1997 meeting. The portion of the Public Street Right-of-Way to be vacated equals 5419 square feet from the back of the existing curb along Calle Loma Linda along the existing right-or-way proceeding to the east. The applicant has not provided for a buffer area behind the curb as remaining Town right-of-way. The existing Calle Loma Linda Public Street Right-of-Way is 90 feet wide and extends northward to Common Area"D" and Common Area"A", owned by The Placita Del Oro Homeowners Association. The area requested to be vacated is currently not maintained by the Town. There is landscaping within the existing right-of-way that consists of a concrete driveway, gravel landscaping, and various trees and shrubs. Ms. Leasman currently maintains all of the existing landscaping. Any utility easements would need to remain within the proposed vacated right-of-way. There are no known plans for redesigning or widening Calle Loma Linda, which would necessitate the need for the Town to use this portion of the right-of-way. Any additional right-of-way required for improvements remains on the west side of Calle Loma Linda. At their meeting of June 4, 1997,the Town Council continued indefinitely a request from Mrs. Leasman and the Placita del Oro Homeowner's Association to file a condemnation action to assist in resolving some property line issues between themselves involving the drainage easement within Common Area"D". This request is now being addressed as a separate item and included for this November 5, 1997 meeting. ATTACHMENTS: Application to Vacate Public Street,or Alley, Resolution 97-63 Legal Description (continued on page 2 of 3) 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 4 Department Head �',ftb t J' Town Maria!-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 Skalsky 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 p g Y 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 ALLE 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. 1 • 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 anycorrespondence or telephone calls. p 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 p p p 1997/98. RESOLUTION NO. (R) 97.63 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, VACATING A PORTION OF THE CALLE LOMA LINDA RIGHT-OF-WAY WHEREAS, the Town of Oro Valley has the authority to vacate dedicated rights-or-ways pursuant to Section 7-7 of the Oro Valley Town Code; WHEREAS, portions of the Calle Loma Linda right-of-way have been previously established by the Pima County Engineer as shown on Road and Maps Book 9, Page 65 Proc. No.1214. WHEREAS, the dedicated portion of the road 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 a portion of Calle Loma Linda as described in exhibit A, to Aubrey and Jane Leasman. PASSED this 5th day of November , 1997, by the Mayor and Town Council of the Town of Oro Valley, Arizona. /;27-Yirti4.0q----- Richard M. Johnson, Mayor APPROVED AS Tobin idles, Town Atto ey TTEST: c,j-1 _)--_V.tIVA a.t...1/3 Katheryn E. Cuvelier, Town lerk