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HomeMy WebLinkAboutProperty - Deeds/Titles - Vacation of Town Right-of-Way, south of Tanerine Road, near the Oro Valley Marketplace, adjacent toRESOLUTION NO. (R)23-44 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE VACATION OF EXISTING UNUSED TOWN RIGHT-OF-WAY, SOUTH OF TANGERINE ROAD, NEAR THE ORO VALLEY MARKET PLACE, AND ADJACENT TO PARCEL 220-04-3430; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain, control and manage public roads within its jurisdictional boundaries; and WHEREAS, pursuant to A.R.S. § 28-7205, the Town has the authority to vacate any roadway that belongs to the Town by Resolution; and WHEREAS, the owner of parcel 220-04-3430, Oro Valley Lifestyle Center, LLC, has filed petition with the Town requesting the abandonment of the existing unused right-of-way; and WHEREAS, the Town desires to vacate the existing unused Town right-of-way, south of Tangerine Rd., near the Oro Valley Market Place, and adjacent to parcel 220-04-3430 as there is no reason to use it as a public right-of-way in the future; and WHEREAS, it is in the best, interest of the Town to vacate the existing unused Town right-of- way, south of Tangerine Rd., near the Oro Valley Market Place, and adjacent to parcel 220-04- 3430. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The existing unused Town right-of-way, south of Tangerine Rd., near the Oro Valley Market Place, and adjacent to parcel 220-04-343 0, described in Exhibit "A" attached hereto, is hereby vacated. SECTION 2. The Quit Claim deed, attached hereto as Exhibit "B", deeding the vacated right-of-way to Oro Valley Lifestyle Center, LLC, is hereby authorized and approved. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 15th day of November, 2023. ATTEST: Michael Standish, Town Clerk Date: d 112 2 S L3 TOWN OF ORO VALLEY C. Winfield, Mayor APPROVED AST ARM: Tobin Sidles, Legal Services Director Date: J ( 12-2(z� EXHIBIT "A" EXHIBIT `B" June 11, 2020 WLB No. 185050-WT-03 Th@ W:\LEGALS\l 85050\WT-03\PARCELl doc larIO�Up Inc, LEGAL DESCRIPTION A parcel of land laying within the Southeast quarter of Section 31, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona. More particularly described as follows; COMMENCING at the Southeast corner of said Section 31; THENCE along the East line of said Section, N 00'00'42" E, (Basis of bearings) a distance of 1018.81 feet to a point on the Southerly right-of-way of Tangerine Road, per ADOT drawing No. D-1 0-T-365; THENCE along said right-of-way, S 82029'54" W, a distance of 830.86 feet; THENCE continuing along said right-of-way, S 88033'15" W, a distance of 407.50 feet to the POINT OF BEGINNING; THENCE continuing along said right-of-way, S 88'33'15" W, a distance of 577.31 feet; THENCE departing said right-of-way, N 00'00'29" E, a distance of 129.22 feet to the beginning of a non -tangent curve concave to the Southeast; THENCE along said curve to the right, having a radius of 2754.50 feet, a central angle of 12012'20", the chord of which bears N 81'16'52" E, a distance of 585.67 feet, for an arc length of 586.78 feet to a point of non -tangency; THENCE S 00030'19" W, a distance of 203.44 feet to the POINT OF BEGINNING; CONTAINING 102,190 square feet or 2.346 acres more or less. Prepared By: THE WLB, GROUP, INC. Peter D. Cote, RLS 44121 <Z- 0* 44121 W (-> rr PETER D. COTE < '!7 4� Page 1 of 2 (Sketch is Page 2) TANGERINE ROAD F, �rw A::S .4 0 c-5 0 6 < EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A P OR TION OF THE SE 114 OF SECTION 31, T-11S, R-14E, G,S.R.M.,, PIMA CO UNTY ., ARIZONA WLB No. 185050—WT03 Q:\185050\WT-03 — Town West\ Basern a ps\ Survey\ parcel legals.dwg 6 32 1) = 150' FTh p,.. SHEET 2 OF 2 September 11, 2020 WLB No. 185050-WT-03 F WALEGALS\185050\WT-03\PARCEL3.doc p i Inc LEGAL DESCRIPTION A parcel of land laying within Sections 31 and 32, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima. County, Arizona. More particularly described as follows; COMMENCING at the Southeast corner of said Section 31; THENCE along the East line of said Section, N 00'00'42" E, (Basis of bearings) a distance of 1018.81 feet to a point on the Southerly right-of-way of Tangerine Road, per ADOT drawing No. D-10-T-365, and the POINT OF BEGINNING; THENCE along said Southerly right-of-way, S 82"29'54" W, a distance of 240.21 feet; THENCE departing said Southerly right-of-way, N 00029'54" E, a distance of 118.45 feet; THENCE S 86039'05" E, a distance of 623.13 feet to a point on said Southerly right-of- way line; THENCE along said Southerly right-of-way, S 82'29'54" W, a distance of 388.27 feet to the POINT OF BEGINNING CONTAINING 36,860 square feet or 0.846 acres more or less. Prepared By: LAND ,D THE WLB GROUP, INC. A, kGA 0 44121 LU 0 cx PETER D. Peter D. Cote, RLS 44121 COTE �gx 14 1-0 Page 1 of 2 (Sketch is Page 2) TANGERINE ROAD D-10-T-365 DESCRIBED PARCEL EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF SECTIONS 31, 32, T—IIS, R-14E, G.S.R.M., PIMA COUNTY, ARIZONA WLB No. 185050—WT03 Q:\185050\WT-03 —Town West\Basemaps\SurveAparcel legals.dwg 1 "=150' The WLB ro p�,,,,it SHEET 2 OF 2 11/29/2023 03:20 PM Page I of 6 eRECORDED IN OFFICIAL RECORDS OF PIMA COUNTY, AZ Gabriella Cdzares-Kelly, Recorder Submitted for recording by the Town of Oro Valley �f�-,.: ;-,.-., ,. ;� /, =� Government Entity RECORDING REQUESTED BY: The WLB Group, Inc. AND WHEN RECORDED MAIL TO: 4444 E. Broadway Tucson,, AZ 85711 (Exempt per A.R.S. § 11-1134(A)(4)] For the consideration of TEN AND NO/100 DOLLARS, and other valuable considerations, i or we, The Town of Oro Valley,, a Municipal Corporation of the State of Arizona ("Grantor"), pursuant to A.R.S. § 28-7205, hereby Quit -Claim to Oro Valley Lifestyle Center LLC,, an Arizona limited liability company, all right, title, or interest in the following described real property situate in Pima County, Arizona: SEE EXHIBIT "AT ATTACHED HERETO AND A MADE A PART HEREOF. Exemption Code A,,R.S. § 11-1134 A3 SUBJECT TO all matters and without covenant or warranty, express or implied. DATEDI,, The Town of Oro Valley, a Municipal Corporatio"f the State of ArjXona By: - r Title:D1 P.''" STATE OF AZ ) )SS. County of Pima ) On l l - 21- 2% , before me, the undersigned Notary Public, personally appeared NePp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My Commission Expires: Notary Public \a1Ng12o2-(o Descri tion of Document this Notarial Certificate is being attached to: Title:Quit-Claim Deed Date of Document a 3 Number of Pages Additional Signers (other than those named in the notarial certificate 2 June 11, 2020 WLB No. 185050-WT-03 Th� W:\LEGALS\l85050\WT-03\PARCELI.doc UWroup Inc LEGAL DESCRIPTION A parcel of land laying within the Southeast quarter of Section 31, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona. More particularly described as follows; COMMENCING at the Southeast corner of said Section 31; THENCE along the East line of said Section, N 00'00'42" E, (Basis of bearings) a distance of 1018.81 feet to a point on the Southerly right-of-way of Tangerine Road, per ADOT drawing No. D-1 0-T-365; THENCE along said right-of-way, S 82029'54" W, a distance of 830.86 feet; THENCE continuing along said right-of-way, S 88033'15" W, a distance of 407.50 feet to the POINT OF BEGINNING; THENCE continuing along said right-of-way, S 88033'15" W, a distance of 577.31 feet; THENCE departing said right-of-way, N 00'00'29" E, a distance of 129.22 feet to the beginning of a non -tangent curve concave to the Southeast; THENCE along said curve to the right, having a radius of 2754.50 feet, a central angle of 12012'20", the chord of which bears N 81016'52" E, a distance of 585.67 feet, for an arc length of 586.78 feet to a point of non -tangency; THENCE S 00030'19" W, a distance of 203.44 feet to the POINT OF BEGINNING; CONTAINING 102,190 square feet or 2.346 acres more or less. Prepared By: THE WLB GROUP, INC. Peter D. Cote, RLS 44121 'kCA 0) Al 44121 PETER D. COTE D. � d Page 1 of 2 (Sketch is Page 2) ROAD TANGERjNE EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A P OR TION OF THE SE 114 OF SECTION 31, T-11S. R-14E G. S, R. M., PIMA COUNTY, ARIZONA WLB No. 185050—WT03 Q:\185050\WT-03 — Town West\Basemaps\Survey\ parcel legals.dwg 1 150' 7The WLB UILE GroupInmc SHEET 2 OF 2 September 11, 2020 WLB No. 185050-WT-03 T WALEGALS11 85050\WT-03\PARCEL3.doc ou p Inc LEGAL DESCRIPTION A parcel of land laying within Sections 31 and 32, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona. More particularly described as follows; COMMENCING at the Southeast corner of said Section 31; THENCE along the East line of said Section, N 00"00'42" E, (Basis of bearings) a distance of 1018.81 feet to a point on the Southerly right-of-way of Tangerine Road, per ADOT drawing No. D-1 0-T-365, and the POINT OF BEGINNING; THENCE along said Southerly right-of-way, S 82'29'54" W, a distance of 240.21 feet; THENCE departing said Southerly right-of-way, N 00'29'54" E, a distance of 118.45 feet-, THENCE S 86039'05" E, a distance of 623.13 feet to a point on said Southerly right-of- way line; THENCE along said Southerly right-of-way, S 82'29'54" W, a distance of 388.27 feet to the POINT OF BEGINNING CONTAINING 36,860 square feet or 0.846 acres more or less. Prepared By: L-ANI) kGAr THE WLB GROUP, INC. CO LU 0 44121 1? 0 PETER, D. Peter D. Cote, RLS 44121 COTE '"LD Page 1 of 2 (Sketch is Page 2) TANGERINE ROAD D-10—T-365 DESCRIBED PARCEL EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF SECTIONS 31, 32, T-11S, R-14E, G.S.R.M., PIMA COUNTY, ARIZONA WLB No. 185050—WT03 Q:\185050\WT-03 —Town West\Basemaps\SurveAparcel legals.dwg 1 "=150' FG h eLBro u p,,,,. SHEET 2 OF 2