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HomeMy WebLinkAboutProperty - Abandonments - Recorded Abandonment of remainder of State Route 989, Tangerine Rd. to the Town of Oro Valley DOTOne ADOT in service to all Infrastructure Delivery and Operations Douglas A.Ducey,Governor John S.Halikowski,Director Dallas Hammit,Deputy Director for Transportation Steve Boschen,Division Director September 26,2019 Town of Oro Valley Engineering Division 11000 North La Canada Drive,Oro Valley,Arizona 85737 Attn.:Paul Keesler,P.E.,Town Engineer RE: Resolution of Abandonment No.2019-09—A-024 PROJECT: 989 PM 000 H0757 03R/S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave.—S.R.77(Formerly U.S.89) ROUTE NO.: State Route 989 ENG.DIST.: Southcentral COUNTY: Pima DISPOSAL: D—SC—007 Dear Mr.Keesler, Attached is your copy of a recorded Resolution of Abandonment that affects the Town of Oro Valley. Arizona State Transportation Board Resolution 2019-09—A-024,dated September 20,2019,was recorded on September 25,2019 in Pima County. In accordance with Resolution No.(R)17-11,by its Mayor and Town Council,dated April 05,2017,this instrument abandons to the Town of Oro Valley, right of way acquired for the construction and improvement of State Route 989 that is no longer needed for the State Transportation System,and will be better managed by the Local Public Agency,as depicted in Appendix"A"of the attached document. If you have any questions or concerns,please feel free to contact me at any time. Sincerely, ) & ' 14 l'' J.Byron Hopkins,Right of Way Group Titles Liaison,Resolution/Disposal Unit Email:bhopkinsC>azdot.gov/Phone:602.712.6946/Fax:602.712.8756 Enclosure Cc: Mary Jacobs,Oro Valley Town Manager Roderick F.Lane,ADOT Southeast District Engineer Jeremy D.Moore,ADOT Assistant Southeast District Engineer Merrisa Marin,ADOT Right of Way Group Project Coordinator Paula Gibson,ADOT Right of Way Administrator ARIZONA DEPARTMENT OF TRANSPORTATION 1801 W.Jefferson St.,Suite 120,MD 102M I Phoenix,AZ 85007 I azdot.gov i mill 11111EiiiiiiiiEliiiiuiiiiUMhiliiiiiiiuiiilii ilii SEQUENCE: 20192680841 No. Pages: 11 9/25/2019 4:46 PM ARIZONA DEPARTMENT OF TRANSPORTATIONP�-y F. ANN RODRIGUEZ RECORDER 205 South 17th Avenue Recorded By: VJG(e-recordin.''Izo?P R/W Titles Section, MD 612E Phoenix, Arizona 85007-3212 September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 RESOLUTION OF ABANDONMENT JOHN S. HALIKOWSKI, Director of the Arizona Department of Transportation, on September 20, 2019, presented and filed with the Arizona State Transportation Board his written report under Arizona Revised Statutes §28-7046, recommending the abandonment of certain right of way to the Town of Oro Valley within the above referenced project. The right of way to be abandoned is no longer needed for state transportation purposes, and can be better managed by the Local Public Agency. The Town of Oro Valley has agreed to accept jurisdiction, ownership and maintenance responsibilities for the right of way in accordance with Resolution No. (R)17-11, by its Mayor and Town Council, dated April 05, 2017, recorded August 11, 2017, in Document No. 2017-2230625, records of Pima County, Arizona. Accordingly, it is recommended that the State's interest in the right of way be abandoned. The right of way to be abandoned is delineated on the maps and plans on file in the office of the State Engineer, Infrastructure Delivery and Operations Division, Phoenix, Arizona, entitled: "Right of Way Plan of the TANGERINE ROAD HIGHWAY, First Ave. - S.R. 77 (Formerly U. S. 89), Project 989 PM 000 H0757 03R / S-483-701", and is shown in Appendix "A" attached hereto. WHEREAS said right of way is no longer needed for state transportation purposes; and September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 WHEREAS the Town of Oro Valley has agreed to accept jurisdiction, ownership and maintenance responsibilities for the right of way in accordance with Resolution No. (R)17-11, by its Mayor and Town Council, dated April 05, 2017, recorded August 11, 2017, in Document No. 2017-2230625, records of Pima County, Arizona; and WHEREAS for the convenience and safety of the traveling public, it is necessary that within the area of abandonment, the State of Arizona, acting by and through its Department of Transportation, will retain certain existing access control and certain other currently existing facilities and structures of the State Transportation System; and shall reserve a perpetual easement for ingress, egress and maintenance of said certain existing facilities and structures, including, but not limited to: certain access control, drainage, signage, utilities, landscaping, and other appurtenances thereto, which shall remain intact and under ADOT control, as depicted on said maps and plans; and WHEREAS this resolution is considered the conveying document for such right of way; and no further conveyance is legally required; and WHEREAS this Board finds that public safety, necessity and convenience will be served by accepting the Director's report; therefore, be it RESOLVED that the recommendation of the Director is adopted and made part of this resolution; be it further September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 RESOLVED that the right of way depicted in Appendix "A" is hereby removed from the State Highway System and abandoned to the Town of Oro Valley, in accordance with Resolution No. (R)17- 11, by its Mayor and Town Council, dated April 05, 2017, recorded August 11, 2017, in Document No. 2017-2230625, records of Pima County, Arizona, and as provided in Arizona Revised Statutes §§28-7207, 28-7209 and 28-7210; be it further RESOLVED that within the area of abandonment, the State of Arizona, acting by and through its Department of Transportation, hereby retains certain existing access control and certain other currently existing facilities and structures of the State Transportation System; and reserves a perpetual easement for ingress, egress and maintenance of said certain existing facilities and structures, including, but not limited to: certain access control, drainage, signage, utilities, landscaping, and other appurtenances thereto, which shall remain intact and under ADOT control, as depicted on the maps and plans of the above referenced project; be it further RESOLVED that this abandonment becomes effective upon recordation in the Office of the County Recorder in accordance with Arizona Revised Statutes §28-7213; and that this resolution is the conveying document for the right of way abandoned herein; and no further conveyance is legally required; be it further RESOLVED that the Director provide written notice to the Town of Oro Valley evidencing the abandonment of the State's interest. 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O cn oya Q w m L-o' > i! fl * �o rri rri 7 0 0 gi m o NI Innovation Park Dr a)O. -0.0 0. o 0 a ` li) CT) w D D us,n > m " N Approx. Section Line m o D Cn 0 0 23 4 0 .---. .---. 00 r , cep Q D 5 . rn rnul 71�I TI D LO o °�' 3 ,,, Existin9 R, \ a CO 2 <Z OO w C• D• o `� N o= o ou�g o c)cn �_ �' _ ` ``� Mid-Sec Line n v, � �-ristin9'4i8. S. ..;z—— 1—„.. cow I O September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 REPORT AND RECOMMENDATION TO THE HONORABLE ARIZONA STATE TRANSPORTATION BOARD: The Infrastructure Delivery and Operations Division has made a thorough investigation concerning the abandonment of certain right of way acquired for the construction and improvement of the Tangerine Road Highway, State Route 989, within the above referenced project. Being the Preliminary Transportation Corridor recommended by the Regional Council of the Pima Association of Governments, the right of way to be abandoned was previously adopted and approved as the State Route Plan for the Tangerine Road Highway by Arizona State Transportation Board Resolution 86-O1-A-10, dated January 20, 1986, and was therein established and designated as State Route 989. A refined alignment for the First Ave. - U.S. 89 Section of the Tangerine Road Highway State Route Plan Corridor was approved and adopted, and was established as a state route under the above referenced project by Resolution 88-04-A-36, dated April 14, 1988. Thereafter, Resolution 91- 09-A-73, dated September 20, 1991, established the right of way in the First Ave. - U.S. 89 Section as a state highway. That portion of the State Route Plan Corridor beginning at Engineering Station 710+00.00, and running westerly from the First Ave. - U.S. 89 Section, was rescinded by the Arizona State Transportation Board in Resolution 2015-04-A-020, dated April 17, 2015, along with those Resolutions approving, adopting, and establishing it. September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 The right of way to be abandoned is no longer needed for state transportation purposes, and can be better managed by the Local Public Agency. The Town of Oro Valley has agreed to accept jurisdiction, ownership and maintenance responsibilities for the right of way in accordance with Resolution No. (R)17-11, by its Mayor and Town Council, dated April 05, 2017, recorded August 11, 2017, in Document No. 2017-2230625, records of Pima County, Arizona. Accordingly, I recommend that the State's interest in the right of way be abandoned, as depicted in the attached Appendix "A" and on the maps and plans of the above referenced project. The right of way to be abandoned is delineated on the maps and plans on file in the office of the State Engineer, Infrastructure Delivery and Operations Division, Phoenix, Arizona, entitled: "Right of Way Plan of the TANGERINE ROAD HIGHWAY, First Ave. - S.R. 77 (Formerly U.S. 89), Project 989 PM 000 H0757 03R / S-483-701", and is shown in Appendix "A" attached hereto. I further recommend that the right of way depicted in Appendix "A" be removed from the State Highway System and abandoned to the Town of Oro Valley, in accordance with Resolution No. (R)17- 11, by its Mayor and Town Council, dated April 05, 2017, recorded August 11, 2017, in Document No. 2017-2230625, records of Pima County, Arizona, and as provided in Arizona Revised Statutes §928-7207 and 28-7209. September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 The area of abandonment shall be subject to the retention of certain existing access control and certain other currently existing facilities and structures of the State Transportation System; and subject to the reservation of a perpetual easement for ingress, egress and maintenance of said certain existing facilities and structures, including, but not limited to: certain access control, drainage, signage, utilities, landscaping, and other appurtenances thereto, which shall remain intact and under control of the Arizona Department of Transportation, as depicted on the maps and plans of the above referenced project. All other rights of way, easements and appurtenances thereto, subject to the provisions of Arizona Revised Statutes §28-7210, shall continue as they existed prior to the disposal of the right of way depicted in Appendix "A". The abandonment becomes effective upon recordation in the Office of the County Recorder in accordance with Arizona Revised Statutes §28-7213. This resolution is considered the conveying document for the right of way to be abandoned; and no further conveyance is legally required. September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 Pursuant to Arizona Revised Statutes §28-7046, I recommend that the Arizona State Transportation Board adopt a resolution making this recommendation effective. Respectfully submitted, 23116.°Q1.1 JOHN S. HALIKOWSKI, Director Arizona Department of Transportation September 20, 2019 RES. NO. 2019-09-A-024 PROJECT: 989 PM 000 H0757 03R / S-483-701 HIGHWAY: TANGERINE ROAD SECTION: First Ave. - S.R. 77 (Formerly U.S. 89) ROUTE NO.: State Route 989 ENG. DIST.: Southcentral COUNTY: Pima DISPOSAL: D-SC-007 CERTIFICATION I, JOHN S. HALIKOWSKI, Director of the Arizona Department of Transportation, do hereby certify that the foregoing is a true and correct copy from the minutes of the Arizona State Transportation Board, made in official session on September 20, 2019. IN WITNESS WHEREOF I have hereunto set my hand and the official seal of the Arizona State Transportation Board on September 20, 2019. 2cSib. JOHN S. HALIKOWS7I; Director, LC Arizona Departent of Transportation APPROVED Bei, ••: 4-41 AL— t Attorney General Att., ey tor'Department of Transportation Date /Ai/