HomeMy WebLinkAboutProperty - Acquisitions - 902 04 Exchange of Property for La Canada Extension-4.12 Acres Town Property for 3.52 Acres Fidelity ORDINANCE NO. (0) 06 - 14
AN ORDINANCE
OF THE TOWN OF ORO VALLEY, ARIZONA REPEALING
ORDINANCE (0) 04-23 AND AUTHORIZING AND APPROVING THE TOWN
OF ORO VALLEY
TO EXCHANGE APPROXIMATELY 4.12 ACRES OF TOWN
OWNED
PROPERTY,LYING WITHIN PIMA COUNTY PARCEL#219-51-
001A, FOR APPROXIMATELY 3.52 ACRES OF PROPERTY HELD BY
FIDELITY
NATIONAL TITLE TRUST NO. 60,217,LYING WITHIN PIMA
COUNTY PARCEL #219-49-0040,LOCATED ALONG THE PROPOSED
ROUTE OF
THE LA CANADA DRIVE EXTENSION BETWEEN TANGERINE
AND
MOORE ROADS, TO FACILITATE ROADWAY CONSTRUCTION.
WHEREAS, on July
21, 2004, the Council did approve Ordinance No. (0) 04-23, which
authorizedapproved and a d an exchange of property of substantially equal value; and
�
WHEREAS, the parcel numbers included in Ordinance No. (0) 04-23 were incorrect in
describing the land in question; and
WHEREAS, the Council has determined to repeal Ordinance No. (0) 04-23 and adopt the
current ordinance which contains the correct parcel numbers; and
WHEREAS,
the Town of Oro Valley a political olitical subdivision of the State of Arizona, and is
vested with all therights,ri hts, p g rivile es and benefits, which entitles the Town to immunities and
exemptions grantedto a political subdivision under the Constitution as well as the laws of the
State of Arizona and the United States; and
pursuant to ARS 9-407, the Town may exchange properties of "substantially
WHEREAS, §
equal value"; and
WHEREAS, the approximately 4.12 acres of Town owned property lying within Pima County
pp �'
Parcel # 219-51-001A (See Exhibit "A" attached hereto), and the approximately 3.52 acres of
property heldFidelity
byNational Title Trust No. 60,217, lying within Pima County Parcel #
219-49-0040 (See Exhibit "B" attached hereto), lie in the same general area of the Town and are
of"substantially equal value"; and
S notice of intent to exchange property was published in accordance with ARS 39-
WHEREA , g
39-
204; and
WHEREAS,
the Town of Oro Valleyrequires the 3.52 acres of property held by Fidelity
� lying National
Title Trust No. 60,217, 1 in within Pima County Parcel # 219-49-0040 for the
construction of the La Canada Drive extension; and
WHEREAS,
the Town of Oro Valley does not require the 4.12 acres of property held by the
lying within Pima CountyParcel# 219-51-001A for the construction of the La Canada
Town and y g
Drive Extension; and
ORD to Approve Property Exchange Office of the Oro Valley Town Attorney
WHEREAS, it is in the best interest of the Town to authorize and approve the exchange of
approximately 4.12 acres of Town owned property lying within Pima County Parcel#219-51-
appro Y Trust No.
219-51-
001A, for approximately 3.52 acres of property held by Fidelity National Title 60,217,
PP
lying within Pima CountyParcel# 219-49-0040, located along the proposed route of the La
Y g
Canada Drive extension between Tangerine and Moore Roads,to facilitate roadway
construction.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro
Valley, Arizona as follows:
Section 1: That Ordinance No. (0) 04-23 is hereby repealed.
Section 2: The exchange of approximately 4.12 acres of Town owned property lying within
Pima County Parcel# 219-51-001A, for approximately 3.52 acres of property held by Fidelity
National Title Trust No. 60,217, lying within Pima County Parcel# 219-49-0040, located along
thero osed route of the La Canada Drive extension between Tangerine and Moore Roads, to
P p
facilitate roadway construction is hereby approved.
Section 3: The exchange transaction of approximately 4.12 acres of Town owned property lying within Pima County Parcel # 219-51-00IA, for approximately 3.52 acres of property held by
Fidelity National Title Trust No. 60,217, lying within Pima County Parcel # 219-49-0040, shall
bep laced in escrow with a title company selected by the Town with all escrow costs and fees to
be paid by the Town.
Section 4: All Oro Valley ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby
repealed.
Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance 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.
BE IT FURTHER ORDAINED that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby authorized to take such steps as are necessary to implement the
approximately e of 4.12 acres of Town owned property lying within Pima County Parcel
# 219-51-001A, for approximately 3.52 acres of property held by Fidelity National Title Trust
No. 60,217, lying within Pima County Parcel# 219-49-0040.
ORD to Approve Property Exchange Office of the Oro Valley Town Attorney
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,
this 6TH day of SEPTEMBER , 2006.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
c.
Kat n E. Cuvelier, Town Clerk
APPROVED AS TO F 1 M:
Melinda Garraha own Attorney
EXHIBITS "A"' 1 "B" ARE AVAILABLE FOR PUBLIC REVIEW IN THE OFFICE OF THE ORO VALLEY
TOWN CLERK BETWEEN THE HOURS OF 8:00 AM - 5:00 PM, MONDAY THRU FRIDAY. THE TOWN HALL
OFFICES ARE LOCATED AT 11,000 N LA CANADA DRIVE.
PUBLISH: DAILY TERRITORIAL
SEPTEMBER 21, 22, 25, 26, 2006.
POSTED: SEPTEMBER 19 - OCTOBER 19, 2006
RG
ORD to Approve Property Exchange Office of the Oro Valley Town Attorney
EXHIBIT"A"
Description of Town Owned Property
Office of the Oro Valley Town Attorney
ORD to Approve Property Exchange
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EXHIBIT A
asTina n in: �• rital • civilion EnvironmeCEI Transpodat
January 20,2004
Docket 11240 at page
Westerly Portion1806
The Town of Oro Valley
1806, records of the County . .
Docket 11240 at page
parcel of land described in the southwest one-quarter
portion Of that northwest one-quarter.of
A located within the Pima CountyArizona,
Pima County, Arizona, . � Salt River Meridian, P . .. . .:
Recorder, South, Range 13, Gila and • - . .
of Section 3
5 Township 11 So � g - � . . ..
described as follows:
saidDocket 11240 at page 1806, thence
parcel described in
- - northwest corner offeet to a point;
Beginning at the a distance of 558.89
g the north line of said parcel
N89° 20' 30 E along
. .
the beginning of a tangent curve concave to
thence South 41°42'38" West, a distance of 508.62 feet to g
the southeast; of
' radius of 834.20 feet and a central angle
southerly along said curve having a described in Docket
thence southwesterly and so y the south line of said parcel
333.01 feet to a point on
��� ' 9", an arc distance of
�� 52 1
11240 at page 1806;
o alongthe south line of said parcel-described in Docket 11240 at page
thence South 89 21 18 West, of said parcel;
of 47.32 feet to the southwest corner
1 g{��, a distance
thence North 00°33'07" West, along
the west line of said parcel described in Docket 11240 at page
1806, a distance of 659_52 feet to the Point of Beginning.
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5���}��p � PARCEL NO. ---
PARCEL NO. PLAYS-2004-001.-,1 kl/Fe,e 4 -
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EXHIBIT"B"
Fidelity National Title Trust Owned Property
ORD to Approve Property Exchange Office of the Oro Valley Town Attorney
EXHIBIT B
LEGAL DESCRIPTION
SEVERED PARCEL
NorthwestQuarter of Sec-tion 35,Township 11
That portionof the Southwest Quarter of the N
..Pima County,Arizona,described as follows:.
South,Range 13 East, G.&�. R.M ,
COMMENCING at the Southeast Corner of the Southwest Quarter of the Northwest Quarter
of said Section 35; n 35, South 89°19'34"West a
Thence,upon the East-West mid-section line of said Sectio
distance
of 30.00 to the POINT OF BEG G;
. East-Westmid-section line, , South 89°19'34"West a distance
Thence, continuing upon said said being
Right-of-Way line of the future La Drive, point
of 526.15 to the easterly lig �' West Ori mer Corner of said
One-Quarter North 89'19'34"East at a distance of 762.30 feet from the
Section 35; North 4l°42'38"bast a distance of
Thence upon the aforementioned Easterly Right-of-Way,
617.66 feet to a point on a tangent curve concave to the northwest and hay mg a radius of
835.30 feet; 'a _o f Wav curve,through a central angle of
northeasterly' 191.48 feet upon said Right -
Thence, North 3 5°0$'3 6"East for a distance of. 191.07 feet to a
13°08'04", the chord of which bears of the
line 30.00 feet west of the East Line of the aforementioned
point of cusp upon
of the Northwest Quarter of Section 35;
Southwest Quarterwith said (East)West Line, South
Thence,upon a
line 30.00 feet west of and parallel
0029a2"East a distance of 611.16 feet to the POINT OF BEGINNINGS
Containing 3.520 Acres(153,333 sq.ft.)more or less
g
(‘'s45)
LD
fig '
g`iii: 24534 ; •
Prepared DAVID
by �E
David A. Rhine,RLS k ‘ aO'.
AZTEC Land Surveying - - \ `
'• . S „ee *#/'
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Page 1 of 2
i 117- 7
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LOCATION PLAN
111S, R t 8R at•SRY
NOTES:
1) Thiiir
BASIS OF BEARINGS FOR TSIs
SURVEY 'O71-11' UPON THE
EAST TF.R OF SECTION 3*. TOWNSHIP
11 SOUTH. RANGE 13 EAST, GAS* 1
PIMA CO 'UNTYBONA, AS CROWN ON
CONSTRUCTION PINS OF IA CANADA
DRIVEFOR THE TOWN OF 01W VALLEY I
ARIZONA_ i
DTFORWSTiON FOR IA r
I 2) AUG-WENT WAS LIMY FROM `
IIVG DRAWINGS PRODUCED BY
i CANADA DRIVE
a. INC. FOR T� �
CAgI - BONA- I r
C
•
TOIi*1v 07 ORO VALLEY
1
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n �8 SQ f11 to 1
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LTJ SURVEYORS STA ME Nva Rfcrs�� �n+
'`/�.n I DAYS A RHINE A V£ Pf�'fP r FOR F T
�'� i•..� THE STATE OF AR12ONA, HAVE , AI T G:J?aCIMD
le(5:' 24630 ' .4\
PURPO� ONLY AND WAS NOT SUR1gYFD/ST
RHINE 1
, DAVID A RHs RLS/24530 EXHIBIT
.•.;'tb b �.-
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�. ,•, .��s-
� LAND
LAND BOUNDARY SURVEY of Design
_ jr;---_,....4i- FOR3IONS OFTHE WEST 1/2 Om. t
Ck
,d
" OF SECTION 35, T15S, R3 OE. Scale:1'.. NTS
G&SRM. PD1A COUNTY, ARIZONA
3°°'
• 1 p yX4 l . _ LiL
Sheep 2 of237111:=17.•�-•• 1• DATE 032/21/2004 .lob No. 7103
LY ,Sj;3, •
ORDINANCE NO. (0) 0423
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA
AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO
EXCHANGE A-PPROXIMATELY
4.12 ACRES OF TOWN OWNED PROPERTY,
COUNTY PARCEL # 219-49-0040,FOR
LYING WITHIN PIMA
OF PROPERTY
APPROXIMATELY 3.52 ACRESHELD BY FIDELITYRCEL #
10809
NATIONAL TITLE TRUST , LYING WITHIN PIMA COUNTY PA
219-51-001A,LOCATED ALONG THE PROPOSED ROUT OF THE LA
CAS
ADA DRIVE EXTENSION BETWEEN TANGERINE AND MOORS
ROADS, TO FACILITATE ROADWAY CONSTRUCTION.
political subdivision of the State of Arizona, and is
WHEREAS, the Town of Oro Valleyis a
which entitles the Town to immunities and
with all the rights, privileges, and benefits,
vested the Constitution as well as the laws of the
exemptions granted to a political subdivision under
State of Arizona and the United States; and
- the Town may WHEREAS, pursuant to ARS § 9-407, exchange properties of "substantially
equal value"; and
'
acres of Town owned property lying within Pima County
WHEREAS, the approximately 4.12 acres of
"A" attached hereto), and the approximately 3.52
Parcel # 219-49-0040 (See Exhibit 1 -51-
• Trust 10809, lying within Pima County Parcel # 219-51-
001A
9
held by Fidelity National Title y gf
property u1 the same general area of the Town and are o
0
O1 A (See Exhibit "B" attached hereto), lie
"substantially equal value"; and
WHEREAS, notice of intent to exchange property was published in accordance with ARS 39-
204; and
WHEREAS, the Town of Oro Valley requires the 3.52 acres of property held by Fidelity
National Title Trust 10809, lying within Pima County Parcel # 219-51-001A for the construction
of the La Canada Drive extension; and
q
WHEREAS, the Town of Oro Valley does not require the 4.12 acres of property held by the
Town and lying• 219-49-0040 for the construction of the La Canada
y g within Pima County Parcel #
Drive Extension; and
the Town to authorize and approve the exchange of
WHEREAS, it is in the best interest of• property lying within Pima County Parcel# 219-49-
0040,
approximately 4.12 acres of Town owned p p y y g .
pp propertyheld byFidelity National Title Trust 10809, lying
fora approximately 3.52 acres of
pplocated alongthe proposed route of the La Canada
within Pima County Parcel# 219-51-001 A,Tangerine and Moore Roads, to facilitate roadway construction.
Drive extension between Tang
NOW, THEREFORE, BE IT ORDAINED Mayor bythe Ma or and the Council of the Town of Oro
Valley, Arizona as follows:
Office of the Oro Valley Town Attorney
ORD to Approve Property Exchange
(0)04-23 p.2
' approximately 4.12 acres of Town owned property lying within
Section 1: The exchanging of approx�m y
Pima County Parcel# 219_49-0040, for approximately 3.52 acres of property held by Fidelity
ppY
• Pima CountyParcel# 219-51-OOlA, located along the
National Title Trust 10809, lying within proposed rout of the La Canada Drive extension between Tangerine and Moore Roads,to
pro p
facilitate roadwayconstructionis hereby approved.
Section 2: The exchange of approximately atel 4.12 acres of Town owned property lying within
Pima County Parcel # 219-49-0040, for a roximatel 3.52 acres of property held by Fidelity
pp Y
• Pima CountyParcel # 219-51-001 A, shall be placed in
National Title Trust 10809, lying within
escrow with a title company of the Town'schoosing with all escrow costs and fees to be paid by
the Town.
resolutions, or motions 3: All Oro Valley ordinances, and parts of ordinances,
in conflict with the provisions of this ordinance are hereby
resolutions, or motions of the Council
repealed.
clause, phrase or
Section 4: If any section, subsection, sentence, portion of this ordinance is for
or unconstitutional by the decision of any court of competent
any reason held to be invalid such decision shall njurisdictiolL ' of affect the validity of the remaining portions thereof.
that the Mayor and any other administrative officials of the
BE IT FURTHER ORDAINEDy
Town of Oro Valley are hereby authorized implement to take such steps as are necessary to the
' of Town owned property lying within Pima County Parcel
exchange of approx.�mately 4.12 acres p p .
g acres of roe held by Fidelity National Title Trust
# 219-49-0040, for approximately 3.52 property�'
10809, lying
within Pima County Parcel# 219-51-001A.
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,
this 21'1 day of July, 2004.
TOWN OF ORO VALLEY
ATTEST:
Paul H. Loomis, Mayor
C'
Kat I E. Cuvelier, Town Clerk
Exhibits A and B are on file for public
APPROVED AS TO FORM: review in the Office of the Town Clerk of
Oro Valley located at 11,000 N. La Canada,
between the hours of 8:00 & 5:00, Monday
- thru Friday.
Mark J. Langlit orney
PUBLISH: DAILY TERRITORIAL
JULY 29, 30, AUGUST 2, 3, 2004
POSTED: JULY 27 - AUGUST 26, 2004
RG
Office of the Oro Valley Town Attorney
ORD to Approve Property Exchange
EXHIBIT A
qEn ineerin , Inc.v•ronmental . Civil
Catalina
Transporiation En l
January 20, 2004
Westerly Portion Docket 11240 at page 1806
• The Town of Oro Valley
AP ortion of that parcel of .land described in Docket 11240 at page 1806, records of the County
Recorder, Pima County, Arizona, .located located within the northwest one-quarter of the southwest one-quarter
tArizona,
South Ran e 13,, Gila and Salt River Meridian, Pima County
of Section 35, Township . 11 , . g . . - - .- - .. . .
- described as follows: -
corner of saidparcel described in Docket 11240 at page 1806, thence
Beginning at the northwest
N89°20' 30"E along the north line of said parcel a distance of 558.89 feet to a point;
thence South 41°42'38" West, a distance of 508.62 feet to the beginning of a tangent curve concave to
the southeast;
said curve havinga radius of 834.20 feet and a central angle of
thence southwesterly and southerly along .
333.01 feet to a point on the south line of said parcel described in Docket
22°52'19", an arc distance of
11240 at page 1806;
the south line of said parcel described in Docket 11240 at page
thence South 89°21'18" West, along
1806, a distance of 47.32 feet to the southwest corner of said parcel;
thence North 00°33'07" West, along the west line of said parcel described in Docket 11240 at page
1806, a distance of 659.52 feet to the Point of Beginning.
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)1
�,,.as 111 1 r
47.32'
Farce 1 Sp 1 i t Too of Oro Veed.,/, Arizona (VI)
� =K�ni of Public Drew jAN 04 (Westery V 30-00/0 ,
Scale: 1J PARCEL NO.11_ 2'19-51 ________________
PARCEL NO. 2004-00 1
___________
cr
EXHIBIT B
LEGAL DESCRIPTION
SEVERED PARCEL
of the Northwest Quarter -tion 35,Township 11
That porton of the Southwest Quarter of Sec
South,Range 13 .
East, G. &S. R.M., Pima County,Arizona, described as follows..
COMMENCING at the Southeast Corner of the Southwest Quarter of the Northwest Quarter
of said Section 35; West a
Thence,upon the East-West mid-section line of said Section 35, South 89°19'34"
distance of 30.00 to the POINT OF BEGINNLNG;
Thence, continuing upon said East-West mid-section line, , South 899 9'34"West a distance
•Right-of-Way line of the future La Drive, said point being
of 526.15 to the easterly g } rner of said
North 89°19'34"East at a distance of 762.30 feet from the West One-Quarter Co
Section 35;
Thence upon the aforementioned Easterl •Right-of-Way,North 41°42'38"East a distance of
ern y
617.66 feetpoint '
to a on a tangent curve concave to the northwest and having
a radius of
835.30 feet;
northeasterly191.48 feet upon said Right-of-Way curve, through a central angle of
Thence, � �North i anc�e of. 391.07 feet to a
13 Q8
'04", the chord of which bears East for a distance
point of cusp upon line 30.00 feet west of the East Line of the aforementioned of the
Southwest Quarter of the Northwest Quarter of Section 35;
Thence,upon
a line 30.00 feet west of and parallel with said (East)West Line, South
00r9 V
°� "East a distance of 611.16 feet to the POINT OF BEGINNING;BEGINNING;G;
00°29'02
"East
3.520 Acres(153;333 sq. ft.)more or less
(7‹.4.11LAP,--1,5
g‘t/
C324534 . •
Prepared by
RLS �
David A. Rhine, k i��.
-vin In _ t�%""�
______D
AZTEC Land Serve, g \--ff,'--,stined ,/
1Rc ', P.---dsr •
) .
Page 1 of 2
•
WORE ICAO -
EXHIBIT B _ 11. L::.4c7i,7f-e,7-...•-1'T,,;
r 1 X1.���_.•.- ■•■=111 -`
pi THIS J BIT "Mom.i.:7."r7.1:;iii i
.........r.;-,•,wuillIl*r i...-.-1,......,
. I i a I INN r UNE p-,,,f..:-.:Ifi4.. "V‘ajip IV.
:+� 2.01•111.1.61,i:75.1 ,=;s'(ii>. ts.
:iiIi"IIrif': li 4:;,,re
j/.� 1 r .;1 j,`�t�``L
LOCATION PLAN
A 1 NOTES: 1/.5'. R r
1) TRW 13ASLS OP BEARINGS FOR THIS
SURVEY IS N 00'33107"f UPON TEL
EAST LINE 07 T'fIE SOUTHEAST
• Q UARTER OF SECTION 34. TOWNSHIP
11 SO iJTS. RANGE 13 EAST. G&SRM, f
PIMA COUNTY, ARIZONA, AS SR OWN ON
CONSTRUCTION PLANS OF 1.4 CANADA
DRIVE FOR THE TOWN OP ORO VALLEY
— ARIZONA- !
2) AIJGN3IZNT INFORMATION FOR IAI
CANADA REM? WAS TAKEN FROM !
EN GINEERING DRAWINGS PRODUCED BY
CA TALINA ENGINEERING. INC. FOR THE /
TOWN OF ORO VALLEY - ARIZONA. / /
1
tc
/ /
Q
.1 / ft. ...
ff
..: 574128 QAC / 11/;:*11 =
3 545 a� • to
�, 31- Till/ST 108 m,
� . o
i..... N��CSN FA � 1 Al
7►y 1 0468LI
I.
I c F'1� � yam' /4 00
c / "1
10 4.'
b 4'� �� II do
elN
fa
1 kVe. f '.
4C 13:
/ 100 +I,SIP bl# ‘P 1.°
ND cr.rivea LAND OPPLCE
if
BAAS'S CaPPZ'D P/PA'
F 1/4 Si DA'35 / //
POA ,saIT24'445'i/
1469'19'34"er 358-22'{A!) 101_34' JQI.54' 2713.1t9.1V89'1•'34"E 1188.44'(00
• 89'18'34"E 1218.44'(3)
/ t SIT CalOW1 OP nor slrr/4
e
OF nor fir IA =WON SS
4
/ /
-, •:p SiURVEYORSA �! STA TEMENs�' crsr�ED R4
Gq O Ru/ LAND r K rrOR
-E,),-, 1/4
� , ,--_i,
:L THE STATE OF ARIZONA, RAVE PREPARED TNrS DOCUMENT FOR EXHIBIT
0 • 453 . PURPOSES ONLY AND WAS NO SURVEYED/STAKEDIV CTHE CROWD
k 1,, Fil'
DAM A RHINE RL.Sg''24530
.t,
EXHIBIT
\\_. , ,_s-,_7LDesign
N.`1rg. ;�''� LAND LAND Bfl SURVEY OF
k _ ,i;-4............,_.e- AZTEC smenlya PORTIONS OF THE REST 1/2 Om. DAR Ck d
INC ; OF SECTION 36, T15S, R.113.E, Scole:i . N3'S
G dk,SR3. PIMA COUNTY, ARIZONA
, 1py.ci-41 lies T_an.Ara tt
10°, O a►,e,.:(14.711;;,-5 as= .- . -S•3 L DATE:02/21/2004 Job No. 7103 Sh ee f 2 of 2
EXHIBIT C
LEGAL DESCRIPTION
LA CANADA DRIVE
RIGHT OF WAY
Thatp ort.ion of the Southwest Quarter of the Northwest Quarter of Section 35,Township 11
South,Range 13 East,G. & S. R. M.,Pima County,Arizona, described as follows:
COMl IENC1NG at the West One-Quarter Corner of said Section 35;
Thence, upon.the East-West mid-section line of said Section 35,North 89°19'34"East a
distance of 559.22 feet to the Westerly Right-of-Way of the future La Canada Drive and
POINT OF BEGINNING;
Thence,upon.said Westerly Right-of-Way,North 41°42'38”East,a distance of 754.55 feet to
a point on a tangent curve concave 10 the northwest and having a radius of 68530 feet;
Thence, northerly upon the arc of said curve 504.92 feet, through a central angle of
42°12'53", the chord of which bears North 20°36'11±'East for a distance of 493.58 feet to a
point of tangent;
Thence, North 00°30'15"west a distance of 301.07 feet to the North line of said Southwest
Quarter of the Northwest Quarter of Section 35;
Whence, upon said North line,North 89°21'23"East a distance of 45.00 feet;
Thence, upon a line 30.00 feet west of and parallel with the East Line of the Southwest
Quarter of the Northwest Quarter of the aforementioned Section 35, South 00°29:02"East a
distance of 707.16 to a point on a non-tangent curve concave to the northwest, having a radius
of 83530 feet and a radius which bears North 61°25'26"west;
Thence, Southwesterly 191.48 feet upon the arc of said curve, through a central angle of
13°08'04", the chord of which bears South 35°08'36"West for a distance of 191.07 feet to a
point of tangent;
Thence, South 41°42'38"West a distance of 617.66 feet to the East-West mid-section line of
the aforementioned Section 35;
Thence, upon the East-West mid-section line of said Section 35, South 89°19'34" West a
distance of 203.08 feet to the POINT OF BEGINNING;
Containing 3.940 Acres(171,612 sq. ft.)more or less
• 4 .0
•
,J_
Prepared by 24530 ; .
David A.Rhine,RLS DAVID A.
AZTEC Land Surveyin _ c ►r
,9 .
mom
�„— a ■ — „i; ;_,,,,e EXHIBIT C
z.Now• i 1.... ►�.,*
1i•■t� =-11r =�� ;,,,..--= FN 1/Z"RZAAR
le III _ ,�,. r,:t;,,cl;:1l; StIlr21•e7-W Vivo'ss isms'
rim.. III
,...:,f.ste?!.,:.i _1
.. . r--5-3,8.26 WO
Mill a .ir itrai WIC-....T.....irr;•
rda
it____
iimaimia <;��I���fa /�'t ti*j�' ►• �%!�'1•''L4 185.;' to
eir"t
111111111111111miritiuguy.r4.4,...4t,
fig��.-1 rill I I .i `:i' ,:a. ‘t/i#t� PXD 1/?'�ic�'B�B��1 I ril I VZ:: :I''• --.tIK i ,
���" ►�:. i=;1�'�''►•�1'�' _A N8P"21 2 R 1918-'- (Y)
,•. ND9`?2':s"Z i018.B3iM) ►.'
LOCATION FLAN Na.p62 J ri -68'CV)
!7/S, R ale C t5RN s/B' i,lirs/r
ctiRCArx Pvasr 1W •
Ls AMT45'
to
NOTES: Awr
k
I
1) THE BASIS OF RINGS FOR TXT
SURVEY IS N OO`33'07"W UPON THE I
EAST LIMB OF THE SOUTHEAST co
Q UARTRR OF SECTION $4. TOWNSHIP A
I I SO FANGS 13 EAST. GASfilt
PIMA COUNTY, ART2ONA. AS SBO717V ON ti;
CONS'TRUC790N PLANS OF LA CANADA� I
,..
DRIVE FOR THE TOWN OF ORO VALLEY
to Q
2) ALIGNMENT INFORMATION FOR LA !�
CANADA DRIVE JAB IAMEZN FROM 44
ENGINEERING DRA W-1NGS PRODUCED BY
• CA TALINA ENGENWER.WG, INC. FOR THF K I
?Dw'N OF 0110 VALLEY — ARIZONA.• !
" 1
114
x
1a $
SURVEYORS STATEMENT D3 a
1, DAVID A RHINE, A PROFESSIONAL LAND SURVEYOR, d
•
RI G'S1 L Hm DI THE STATE Or ARIZONA, HAVE PREPARED •
THIS DOCUMENT FOR EXHIBIT PURPOSES ONLY AND WAS 4'
NOT SURVEYED/STAKED ON TETE GROUND. -A0 is
is
is-e.,911
DAVID A RHINE RL424530 t .; v
4
Y.
rMID
• 44
v,4ti
. �i ¢t.
K
i . MNE • ) ,.4, 1 • tY_, Z.
'% Of
111)•. :, 41/ % 0 4r
• cl- . . •SOrled ,.. „AiL
/1
\ „.\\."— ...., , 4
•
i FIC GUITALL IAAT 0,171211' / s
lY
S.T C Pp PIP!
1 7 r/'SIT7TD,,tS / 1
0
ISUNKIST NeirieWE 559.0zY10 zoi-454/9.1.44' 520.1 45'00 *Sal
ROAD_ NW1a't64'Z ize 4??M)
- z / Are AD'54"I .29.1 8.44'on
I
i S !
\\ N 4r
• q
1
` /
I EXHIBIT
1�� LA CANADA DRIVE RIGHT OF WAY IN Design
� /, / 3INVEYM A ,PORTION OF THE WEST 1/ Orn. DAR Ck'd rm
I / ,.=1,146c ; OF SECTION 35, T16S. RICE, Scale:I-. NTS
_ G&SR.IL, PIMA CO LINTY, ARIZONA
• wo' 0 NV app' 6321 3 w? ,�i brs, _ m:.,km,
P-.r.,f5Z,c90-XZi7 n.(.,�o.41a-511; '
,."�"� ,•, DATE:06/02/2004 Job No. 7703 Sheet 2 of 2
EXHIBIT D
I •
ip_....i MOORE ROAD i
•
•
1li7
—T----
Figueroa, R.& E. ' T 75' Eastment
kill.
Leon, L.& B.
A
if
Leon, L.& B. ,,,H, 60'
Lc/mkt:0'v Co,
Eastment
1———
Leon, L.& B. Pit
Contreras, R.& L. i
Haber, K.
(219-49-0020)
75'
Hohenstein, R.& T.
L ...—...—..----..—..—......114•11.111.MM.
75'
Schaffer, P. I
1 Fidelity National Title
(219-49-0040)
PA 2 c a=
1— i . 3.s-a. Pic..?es
Curtiss, J. ,
I I \ ross. W. j
I I / 1
I Bringhurst, S. \
L PA IS C E Z. . 30' 1 \ / 1 Mendosa,
- • ., oi '
I 1 \?Ci Ea .nt li gct 1 ..- 8, 1R.& A.
I Cross, D.& C. 1 " A " 1 i 1 \ 2 8 I
!
1 ......._....].1....____..........i.__..........—1...——.
1— tr, ---------
I
Kay, D. 1 ii•I 2_ LEGEND:
i
Kay. K. I .._._- ...... .......... Town Boundary
I —
. - . — --- Property Line
1
Kay, D. T.O.V. --------- Roadway Centerline
I
120.200 sq ft ---—-- Right-Of-Way Line
Total Parcel Area of
gigArea Acquisition Acquisition
Owner (acres) (ft 2/acres) Method
,11.,:'•
Haber. K 50.0 99.700/2.29. Rezoning
it,
O cd 44 fill-g
Ifirt 1,,,,,,,oro Co. 40,o 59.400/'/..36. ro Be
L5, DefrYminel
Z:j1.6 __.1' Fidelity
____ ___...k.....t7___._
National Title 40.0 168.100/3.86. Rezoning
.j:a.';-....--150
01,P
Town of
__J 4i0,;...
_____
..1
___
---------
Oro Valley 10.0 120.000/2.75 Acquired
Iti
1 t:. r
1 Via: I
Miller, r,R, !_,, .YT.;0, I
(219-41 0170 „,,,.--,
”:.14.,,,.. 1
.,
9 4 0 1 80) L4 .01111,,,r R 14, S .20.11 41,000/0.!.34 NeootInting
/2 I - -,1I :,,..,,,,A.
,..113, I
30.9onio.71
,....1.37.,..,
L__---. ,-.71,,, L___I . Does not include existing 30 foot easement
IP...
ie•..-:,::,.
i
Future Tangerine
i4i111,440.1': Rid_ROW line
-- --—--—r-—--—I-150—' -1
I_ _J
.....• .........— •
1 TANGERINE ROAD
.... .. . _.• . _ ___
ORDINANCE NO. (0) 04 - 23
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA
AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO
EXCHANGE APPROXIMATELY 4.12 ACRES OF TOWN OWNED PROPERTY,
LYING WITHIN PIMA COUNTY PARCEL # 219-49-0040,FOR
APPROXIMATELY 3.52 ACRES OF PROPERTY HELD BY FIDELITY
NATIONAL TITLE TRUST 10809, LYING WITHIN PIMA COUNTY PARCEL #
219-51-001A, LOCATED ALONG THE PROPOSED ROUT OF THE LA
CANADA DRIVE EXTENSION BETWEEN TANGERINE AND MOORE
ROADS, TO FACILITATE ROADWAY CONSTRUCTION.
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and is
vested with all the rights, privileges, and benefits, which entitles the Town to immunities and
exemptions granted to a political subdivision under the Constitution as well as the laws of the
State of Arizona and the United States; and
WHEREAS, pursuant to ARS § 9-407, the Town may exchange properties of "substantially
equal value"; and
WHEREAS, the approximately 4.12 acres of Town owned property lying within Pima County
Parcel # 219-49-0040 (See Exhibit "A" attached hereto), and the approximately 3.52 acres of
property held by Fidelity National Title Trust 10809, lying within Pima County Parcel # 219-51-
001A (See Exhibit "B" attached hereto), lie in the same general area of the Town and are of
"substantially equal value"; and
WHEREAS, notice of intent to exchange property was published in accordance with ARS 39-
204; and
WHEREAS, the Town of Oro Valley requires the 3.52 acres of property held by Fidelity
National Title Trust 10809, lying within Pima County Parcel # 219-51-001A for the construction
of the La Canada Drive extension; and
WHEREAS, the Town of Oro Valley does not require the 4.12 acres of property held by the
Town and lying within Pima County Parcel # 219-49-0040 for the construction of the La Canada
Drive Extension; and
WHEREAS, it is in the best interest of the Town to authorize and approve the exchange of
approximately 4.12 acres of Town owned property lying within Pima County Parcel# 219-49-
0040, for approximately 3.52 acres of property held by Fidelity National Title Trust 10809, lying
within Pima County Parcel# 219-51-001A, located along the proposed route of the La Canada
Drive extension between Tangerine and Moore Roads, to facilitate roadway construction.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro
Valley, Arizona as follows:
ORD to Approve Property Exchange Office of the Oro Valley Town Attorney
(0)04-23 p.2
Section 1: The exchanging of approximately 4.12 acres of Town owned property lying within
Pima County Parcel# 219-49-0040, for approximately 3.52 acres of property held by Fidelity
National Title Trust 10809, lying within Pima County Parcel# 219-51-001A, located along the
proposed rout of the La Canada Drive extension between Tangerine and Moore Roads,to
facilitate roadway construction is hereby approved.
Section 2: The exchange of approximately 4.12 acres of Town owned property lying within
Pima County Parcel # 219-49-0040, for approximately 3.52 acres of property held by Fidelity
National Title Trust 10809, lying within Pima County Parcel # 219-51-001A, shall be placed in
escrow with a title company of the Town's choosing with all escrow costs and fees to be paid by
the Town.
Section 3: All Oro Valley ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby
repealed.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance 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.
BE IT FURTHER ORDAINED that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby authorized to take such steps as are necessary to implement the
exchange of approximately 4.12 acres of Town owned property lying within Pima County Parcel
# 219-49-0040, for approximately 3.52 acres of property held by Fidelity National Title Trust
10809, lying within Pima County Parcel# 219-51-001A.
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,
this 21st day of July, 2004.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
.
Kat ?in E. Cuvelier, Town Clerk
Exhibits A and B are on file for public
APPROVED AS TO FORM: review in the Office of the Town Clerk of
Oro Valley located at 11,000 N. La Canada,
between the hours of 8:00 & 5:00, Monday
'100P-P
r�f,�- "lipthru Friday.
Mark J. Langlit orney
PUBLISH: DAILY TERRITORIAL
'..►. :4: :ir*or
29, 30, AUGUST 2, 3, 2004
POSTED: JULY 27 - AUGUST 26, 2004
RG
ORD to Approve Property Exchange Office of the Oro Valley Town Attorney
EXHIBIT A
Catalina Inc.
(TEI
Transportation • Environmental • Civil
January 20, 2004
Westerly Portion Docket 11240 at page 1806
The Town of Oro Valley
A portion of that parcel of land described in Docket 11240 at page 1806, records of the County
Recorder, Pima County, Arizona, located within the northwest one-quarter of the southwest one-quarter
of Section 35, Township 11 South, Range 13,t Gila and Salt River Meridian, Pima County Arizona,
described as follows:
Beginning at the northwest corner of said parcel described in Docket 11240 at page 1806, thence
N89° 20' 30"E along the north line of said parcel a distance of 558.89 feet to a point;
thence South 41°42'38" West, a distance of 508.62 feet to the beginning of a tangent curve concave to
the southeast;
thence southwesterly and southerly along said curve having a radius of 834.20 feet and a central angle of
22°52'19", an arc distance of 333.01 feet to a point on the south line of said parcel described in Docket
11240 at page 1806;
thence South 89°21'18" West, along the south line of said parcel described in Docket 11240 at page
1806, a distance of 47.32 feet to the southwest corner of said parcel;
thence North 00°33'07" West, along the west line of said parcel described in Docket 11240 at page
1806, a distance of 659.52 feet to the Point of Beginning.
1 / ii...:-...A NC
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IVA
180 W. Magee Road, Suite 140 • Tucson, Arizona 85704
(520) 544-4067 • Fax (520) 544-9616
email: catengrs@catalinaengineering.com
0VWest_doc
3W" 10 :04 04: 53p Catalina Engineering, Inc 520-544-9616
,..______..------------------ --._. ----------- EXHIBIT A
--- 1,----
1i ,---------- _ ....
1 ,
— 1
1 1
1 .1
t 1
, 1
, .
, ..•
.1..1.
I '
t
On Natictoort.e.
219-49-0040
DO 10463 FIT 10 \
t..
A\..
/ ;
' t N69•20'3C'E 5F:j2.1 ____:_r___,,..t.z..,....______ ___,__;___. . _ _,, / i .
---t_....../-
- >
\ ,,,,---t•----
2.19-51-CC1A 1
\ 112P1_ /P 1 •:, i , \t.
..,..x .\\\\ N Okt 40 o id t_i 1,
N 'I4‘ /\ / 1.•\ /'
.
I
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v2.; ,-. ,,:,,. \:-.. N f i ,.k,.• /1 P.aii?
/
„ 1 N
, ZN
I:' riN' 41 A 4. 179`566e. '2\., -- ..7.7.--,..,:p , (
1 i i , . \ ;t• )34-'0-9..
' -7.,1 IN • - 1 i
MIEa
0, .SI 8 Li 4 i 1
I
• 8
/ 1
it g t;1
.. A‘,...it c
1 •& ;
/
il
Aol '''y 464*. /
\N,
.\\ ;
.. ,......___L-.........:,_.
, .
t• §: ; Fit Ay, / /," AiatBa .....,k-----,--...,-- ----
11 ft
Ct , l 1,
.3 % .. 4 /tr
•e ---./1-17:1 /
1 ittt- / ..,-)c-rz.
J i,
.4`1. , 0 /
'AS/ / / .A..".-,.. E8.—.- 1 - ...... , / ram3
e or.vemy
.c-...
•,. / /sarw smtas Rd
219-51-001A '
.2. .
411
iia , 4
1 1
1 ,
•
-vV4 - ---
-•-:1!'.
1 .
/( Cie 11241 FV1806
(:-• ,1
.(•••
., .
„ ..7 _ ---,--1,-,...`,..... w.......... ..---7....-,=-_-_- .1. ..... - 1
f
j
II 1 \ i
' I
i i
.;ss
47.32'
------- ,„.. ___- ----
Parcel Split -----!Oli of OroMilVt-", Ar. izti, *-71 -'
il Vnd
rr:1 1 At\1 04
Drawn: --- -,- \
(Yiester I y Port I on) r..,9ociri-,Tent of Public Works <.__.-
.
Scabs: 1 ' 1 50" --- -.
PARCEL NO. 295i -001A 1 ,'• 0
CV 30-00/0i -:JJ
Pl
PARCEL NO. , , ,AN # -'(_Ju-1 uu 1
_______________•..._
_........._
f6/I yaw
n.q.4v•tz.c-st..,,invee.c.c.-
---
EXHIBIT B
LEGAL DESCRIPTION
SEVERED PARCEL
That portion of the Southwest Quarter of the Northwest Quarter of Section 35,Township 11
South,Range 13 East, G. &S. R. M., Pima County,Arizona;described as follows:
COMMENCING at the Southeast Corner of the Southwest Quarter of the Northwest Quarter
of said Section 35;
Thence,upon the East-West mid-section line of said Section 35, South 89°19'34"West a
distance of 30.00 to the POINT OF BEG G;
Thence, continuing upon said East-West mid-section line, , South 89°19'34"West a distance
of 526.15 to the easterly Right-of-Way line of the future La Canada Drive, said point being
North 89°19'34"East at a distance of 762.30 feet from the West One-Quarter Corner of said
Section 35;
Thence upon the aforementioned Easterly Right-of-Way,North 41°42'38"East a distance of
617.66 feet to a point on a tangent curve concave to the northwest and having a radius of
835.30 feet;
Thence,northeasterly 191.48 feet upon said Right-of-Way curve, through a central angle of
13°08'04", the chord of which bears North 35°08'36"East for a distance of. 191.07 feet to a
point of cusp upon line 30.00 feet west of the East Line of the aforementioned of the
Southwest Quarter of the Northwest Quarter of Section 35;
Thence,upon a line 30.00 feet west of and parallel with said(East)West Line, South
00°29'02"East a distance of 611.16 feet to the POINT OF BEGINNING;
Containing 3.520 Acres(153;333 sq. ft.)more or less
co UkittiO
,clk s r
r 24530 • : •
Prepared byOAV
David A. Rhine,RLS
�tjNE
WY
AZTEC Land Surveying Inc, _ \-1;4\78tned Ji`
____D
,,.. ___ -sip
} _ '''Varfir, '
Fate 1 of 2
_.., .
:- A1000111 ROAD
EXHIBIT s.i lirrr - - Iil:fordiesi-c= ;if:4 .-..-_,,,,,4.,:.,:., -liFfl,f?"4::.
______ _ ;.,..,,,..,i!-..,;7.i:;::
-.. ... IN ill
11:111
�+ r ry�� rte+
I.�'� '.,rr�ir;
THIS EXH BIgkicoli-%;----• ` rT-!• •.I� •
�•_• 34 �- ��.►11111
���,,y• �_ I.•1111117
-,-'"--. i
a LOSKi7--"-:Ii-,:t.,.,e'RsfAt.
i,c:,.:,; .......•• ..---4::..-4...,.........,
isuuIiu T�Ll1 Ilikii iiiirillin ■r _.17 Its41SLI
NOTES:
7� ES: LOCATIONFLAN
Y T1>S. Rf3R, C'SR1(
1) TEE BASIS OF BEARINGS FOR THIS
SURVEY IS N OO'33'07-W UPON THE
EAST LINE OF THE SO
QUARTER OF SECTION 34. TOWNSHIP
11 SOUTH. RANGE 13 EAST, GSRM, l
' PIMA COUNTY, ARIZONA, AS SHOWN ON
CONSTRUCTION PLANS OF IA CANADA
DRIVE FOR THE IY)WN OF ORO VALLEY 1 I /
— ARIZONA_
2) ALIGNMENT INFORMATION FOR
CANADA DRIVE WAS TAKEN FROM
ENGINEERING DRAWINGS PRODUCED BY /
CATALINA ENGINEERING, INC. FOR THE
• 1 TOWN OF ORO VALLEY — ARIZONA. /
i j I j
o � i
0
to
0 ,e /V.,,.,...
/
04; 1
sg
°, 137412 6 AC / / ' L:�, 31.54 $p9/ 4tif.'.. '4
. rrr1 G1 10 / `."
I 7'Y NASO Q468 / 'A ,' ' I-
1 ^ Ga
, w
• ��� 610. Cra {4
to
7, 44' ,
/ •10°P I%',
.xD CA'NER42 I.4 WJ OPTICE
BRASS'CAPPED PIPE `
�' 1/f SECTION 35 POB �1O;9.2445
'11r
N8S'19'34 NE 55O.22'(M) / /8. 136- 111'
1 QZ_ 4' 01. 52 15
_ z�o�
{{N89'1''34"E 12Z6.44'(II)
•1N89'I 9'34"E 131 e.44'(M)
0 SA'CORNER sus/4
/ OF f�B�f/4 .s�t'C'9Yt9JV SS1/,e,6*
f
la
ab
14
/ / :
l', SURVEYORS STATEMENT
'� r� � � 1 DAVID A. RHINE, A LAND REGISTERED IN
�i� •-•, THE STATE OF ARIZONA, HAVE PREPARED 7H1S DOCUMENT FOR FXN1&T
r 24530 . •' PURPOSES ONLY AND WAS NOT SUR D/STAKED ON ME GROUND_
DAVID A. ' 1 ,
DAVID A RHINE RLS-#24530
\:,842ned4° --' . i 1 EXHIBIT
,�`l ��, LAND BOUNDARY SURVEY OF Design
,� `.._ ., PORTIONS OF TSE WEST 1/2 Orm DAR Ck'd
---,,,,---=-_-_,,hc ; OF SECTION 35, 7155, RI CE, 'scale:7 . NTS
i00' 0 100' ► SC N!,,x14.#11 JW, T_aotl.AP1.2
G& ? . PIMA COUNTY, ARIZONA
INN IIMI .1111111.M. il.11.1.11
A.".:tTA'=iy:,-3 2=• :mac-.13C,+96-51;7
1.1 NM ..,. •••,.,'••.•, .n7... DATE 02/21/2004 Job No. 7103 Sheet 2 of 2
EXHIBIT C
LEGAL DESCRIPTION
LA CANADA DRIVE
RIGHT OF WAY
That portion of the Southwest Quarter of the Northwest Quarter of Section 35,Township 11
South,Range 13 East,O. & S. R. M.,Pima County,Arizona, described as follows:
COMMENCING at the West One-Quarter Corner of said Section 35;
Thence, upon.the East-West mid-section line of said Section 35,North 89°19'34"East a
distance of 559.22 feet to the Westerly Right-of-Way of the future La Canada Drive and
POINT OF BEGINNING;
Thence,upon said Westerly Right-of-Way,North 41°42'38"East,a distance of 754.55 feet to
a point on a tangent curve concave to the northwest and having a radius of 68530 feet;
Thence,northerly upon the arc of said curve 504.92 feet,through a central angle of
42°12'53", the chord of which bears North 20°36'11"East for a distance of 493.58 feet to a
point of tangent;
Thence. North 00°30'15"west a distance of 301.07 feet to the North line of said Southwest
Quarter of the Northwest Quarter of Section 35;
Thence, upon said North line,North 89°21'23"East a distance of 45.00 feet;
Thence, upon a line 30.00 feet west of and parallel with the East Line of the Southwest
Quarter of the Northwest Quarter of the aforementioned Section 35, South 00°29'02"East a
distance of 707.16 to a point on a non-tangent curve concave to the northwest,having a radius
of 83530 feet and a radius which bears North 61°25'26"West;
Thence, Southwesterly 191.48 feet upon the arc of said curve,through a central angle of
13°08'04", the chord of which bears South 35°08'36"West for a distance of 191.07 feet to a
point of tangent;
Thence, South 41°42'38"West a distance of 617.66 feet to the East-West mid-section line of
the aforementioned Section 35;
Thence, upon the East-West mid-section line of said Section 35, South 89°19'34" West a
distance of 203.08 feet to the POINT OF BEGINNING;
Containing 3.940 Acres(171,612 sq. ft.)more or less
.0
Prepared by 24530 ; .
David A.Rhine, RLS 0A.
RHNE
AZTEC Land Surveyin
,,,in_ b'Y
..______________ __
- rooms MO ■LI — --iv��-17..-2,���-1 .,: EXHIBIT C
iirom'imir-1-2 2--
— NI IP 1111
,;.:f.§-s,.,--
,:.,'i':.ti -t,i,.._—
--.,,,;;:.l;::
---- ,.z„„
1111 .3/7 ,,,,
,_....,_a
,, J1828(W) FNB 1/2"RZBAR
Nile s
Alow-ii
i,
of,"--...,f t;.:-V iiT
iariali i wurp;i--__,,,1:-:,/.„::,,*t.vaio ....6b‘
r/rAc'Is ISM-
: "Ago'AS M66-
Mal a
cs —L.....
P 4
anama`r 14, ;1 •-.x- 4 ..
U:::r1i
r, i .
1IrSgilListiStOtt:*4;;P ,•, •i ,., r cis aro, �,I ME 111116.11111.0 ,.X.aL"k1 _,_... Ner2112.9'1P j 1uieA.53'(M)
LOCATION PLAN - Nairz a23"7 17-12-4.-1.58'01)
45',,
1711)Virlir
!WS, RPS C&S.Rif 'AlIN rr/yecs 'Ls 292W
C0NCReir Posy POOTINV
7/Z.1C 'I,S 191?'S' is. 4- L3=Mr
NOTES: .
'4 . , ,k 1
1) THE BASIS OF BEARINGS FOR THIS to
SURVEY IS N 00"33'07"W UPON THE Q.
EAST LINE OF TRE SOUTHEAST o
QUARTER OF SECTION 34, TOWNSffiP
. 4 i
11 BOUM, RANGE 13 EAST, G&SR , el
PIMA COUNTY, ARIZONA. AS SHOWN ON
CONSTRUCTION PLANS OF LA CANADA
.,-`"` DRIVE FOR TSE TOWN OP ORO ALLEY
li:v. Mu DRIVE
ti---'f — ARIZONA. t:I a
2) ALIGNMENT INFORMATION FOR LA 4�it
.'• CANADA DRIVE WAS TAKEN FROM
ENGINEERING DRAWINGS PRODUCED BY IC r
CATALINA ENGINEERING, INC. FOR THE ,�
I TOWN OF ORO VALLEY — ARIZONA. t
Iti".;117
� O
OA
SURVEYORS STATEMENT IS d a
I. DAVID k RHINE. A PROFESSIONAL LAND SURVEYOR.
REGISTERED IN THE STATE OF ARIZONA, HAVE PARED ', Z.*I THIS DOCUMENT FOR EXHIBIT PURPOSES ONLY AND WAS 4 j
NOT SURVEYED/STAKED ON THE GROUND.
v %. 7):: 0, 14c.
ij,P—
DAVID A. RHINE RLS#245304a,:* "):‘ -i-
`
12 .
0 t-
...t
.,,v.
i ''0 5)<-7 i-Or'''''. '4i, •
2,531)
/IC a.
DAYS A(r % T)
A
i RHNE .) ,-;
\ ..% 0.
.'q'
tr'fr, isfP k°- \Ago- -Avgd 'Ximillak ,..0 (0','Y
\ lit
/ 45
i
0
PAm G1l 'RU LOW arms' / e%
j19uts'S O4 Pd,D P/PE 1/4 SEC77B !s O'Il559.2zym) 1 , 2, __ • 6.6.10' ••SUIVIaSi,
ROAD I / N sr.19'es'E 1,2eD�.44 Mt)
. / / 2.71710'34 v'Z' 1 918.44 WI)
I $
Q `
i / '
1.4 XX.,_,N,
EXHIBIT
'ZSZ S^a EZ.•.•.- --r73:s_r:trzL•r/
I' LA C.LNADIt DRIB RTG1I7' Off' WAY IN Design
/ AZuir L A PORTION OF THE WEST 1/W arn. a Ck'd LAR
/ / ,L��___=-��__�-• .n PiC : OF SECTION 35, T16S, RJ6E, ,Scale_ 1".. NTS
G&SRM, PIMA COUNTY, ARIZONA
for 0 lc ce6321:1 Rhd Liver i I i.e.:.A-bc r aIMP MEI NIIIINOM111110111111 ..........r'
i ,,,/'ec(52,440-X27 ._a::(!..iQ 49S-511711111 ION ME aMPINIMMIIIIP -r
•.•••.• •Lrl:7•••e•r•e• DATE:06/02/2004 Job No. 7703 'Sheet 2 of 2
EXHIBIT D
. i
MOORE ROAD
Figueroa, R.& E. , 75' Ebstment `°
t4/
ri.�z
Leon, L.& B. 1
,
4
Leon, L.& B. 60,
arrtoore Co. i
(219-49-0030! Eastment 1......._
-
Leon, L.& B.
r:
-,`i:
Contreras, R.& t., 0 Haber, K.
(219-49-0020)
75'
Hohenstein, R.& T. ;;,
•.a_ai ....•...•a tom..F.•
1 75,
1
1 Schaffer, P.
II Fidelity National Title
I i (219-49-00401 PA TZ C L= L O "
r 1 3,s1 Acees
I Curtiss, J. � r�'—
I ,.c)J I \ ross, W.
II
1 :::r: :.
. PARC EL1 I I * A " Q. I I t1 1 I Y o 8
1 -t.u...____- - ..............._.....i 1............._i._....._-.1.---•
1 T.O.v
Kay, D. I ii. i LEGEND:
`►ins i
Key. K.
--• Town Boundary
.I
OV. ————- Property Line
I -- -
-. - Roadway Centerline
Kay, D. I T.
1................_ 120,200 sq ft _- - Right-Or-Way Line
Total Parcel Area of
1
Area Acquisition Acquisition
` / Owner (acres) (ft:/acres) Method
1
o Haber. K 50.0 99,700/2.29* Rezoning
a ob i
ro
4 L amoore Co. 40,0 59,400/1,36* To Be
! Determined
_.-_.(.._____+,_-_-,-......1
Fidelity
I- �" j National Title 40.0 168,100/3.86* Rezoning
--- •
150'
Town of
_
1 -.1 Oro Valley 10.0 120,000/2.75 Acquired
I i I
I I •� I
Miller, r,&& s, 1 1
(219-44-0170 i.
/219-47-0180) I miller, P&- 5 20.0 41,000/0.94 Negotiating
30.900/0.71
L
* Does not Include existing 30-foot easement
Future Tangerine
.:. R d ROW line
%,... I
150.
i TANGERINE ROAD
1 0
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: July 21, 2004
TO: HONORABLE MAYOR & COUNCIL
FROM: William A. Jansen, P.E., Town Engineer
(0)SUBJECT. ORDINANCE04 - 23 , AUTHORIZING THE EXCHANGE OF
PROPERTY BETWEEN THE TOWN OF ORO VALLEY AND FIDELITY NATIONAL
TITLE TO
PROVIDE RIGHT OF WAY FOR THE EXTENSION OF LA CANADA DRIVE.
SUMMARY:
In August,
1999, the Oro ValleyTown Council accepted a location report defining the
alignment of the extension of La Canada Drive from Tangerine Road to Moore Road.
The roadalignment required the Town to acquire a 10 acre parcel known as the "Alden
Property". The road alignment passes diagonally across the property from the
9
southwest corner to the northeast corner. This alignment further passes through the
southeast corner of the parcel to the north known as the "Fidelity National Title" parcel.
The alignment of the La Canada Drive extension is shown in exhibit "D".
The road alignment results in a severing of a 3.52 acre parcel from the entire "Fidelity
National Parcel" as shown in exhibit "D". The Town Engineer proposed a land
exchange between the Town and the owner of the "Fidelity National Trust" parcel and
was instructed by the Town Council at the April 18, 2001 Council meeting to proceed
with the land exchange rather than pay to acquire the needed right of way.
Thero osed exchange is to trade the Town's 4.12 acre parcel marked as parcel "A' in
p p g
exhibit "D" for the developer's 3.52 acre parcel shown as parcel "B" in exhibit "D". In
addition top arcel "B", the Town will acquire 3.94 acres of La Canada Drive right of way
from the developer bythe platting of the "Fidelity National Trust" parcel. Pending the
p
approval of the final plat for this parcel, the Town will acquire a "Right of Entry" from the
pp
developer allowingthe La Canada Drive extension construction to proceed. This
p
exchange process is authorized by ARS:9-4.07
The net effect of this land exchange is shown below:
Fidelity National Title receives from the Town Parcel "A", 4.12 acres
The Town receives from Fidelity National Title:
Parcel "B" 3,52 acres
Right of Way 3.94 acres
Total 7.46 acres
FISCAL IMPACT:
The only costs are the incidental costs of recording the deed.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
ATTACHMENTS: 1. Ordinance (0) 04-23 .
2. Exhibit"A"; Property Description of the Town's Parcel
3. Exhibit"B"; Property Description of the Developer's Parcel
4. Exhibit "C"; Parcel Description of the La Canada Drive Right of
Way
5. Exhibit"D"; Parcel Map of the La Canada Extension
6. ARS:9-407
RECOMMENDATIONS:
Staff recommends the approval of Ordinance (0) 04-
SUGGESTED MOTION: The Town Council may wish to consider one of the following
motions.
move to approve Ordinance (0) 04- 23authorizing the exchange of the 4.12 acre
I pp
parcel owned bythe Town of Oro Valley described in exhibit "A" for the 3.52 acre parcel
owned by described in exhibit"B".
Or
I move to deny Ordinance(0) 04 -23 .
-71) i
To • Engineer
./.41
Town Manag-�
3 _
§ 9-405 `
CITIES AND TOWN-1 :" ELIC LIBRARY
Title 9 h B4
Cross References
Publication or posting, see §§ 9-812, 39-201 et seq., 48-535, 48-578, 48-633, 48-655.
Proof, see §§ 48-634, 48-612. Towns G'35(2).
}
WESTLAW Topic No. 38
NotesC.J.S. Towns §§ 94, 96.
of Decisions =T
Authority to enter contract 1 building and to sell the contract � -40$. Home eqi
thereafter to � -�,, = § 9
finance the building when done within frame-
work of this section and §§ 9-402 and 9-403• A. A city or towr
P w
1. Authority to enter contract chartergovernment cities are governed by their program fory persons
charter provisions in regard to the acquisitionP p y pAtty.Gen. No. Y,
Cities and towns have authority to enter into and disposition of ro ert . O $, A Cit Or town
�"�
a contract with federal government to lease a 57-25.
conversion program,
§ 9-406.
senior citizens.
Sale, lease or conveyance of land by city or town incorporated 1986 Cl
• rp ated � Added by Laws ,
pursuant to congressional enabling legislation § 2.
A city or town which has incorporated under the he laws of the state of Arizona
pursuant to enabling legislation of the Congress of the United States
and which
upon incorporation acquires ownership of land in excess of one section from For legislative intent and
the United States may provide by ordinance for the manner of cion of Laws 1986, Ch. 268
disposition, sale, Statutory Notes preceding
lease or conveyance of land owned by such cit or town. The 1990 amendment deli
by Laws 1976, Ch. 24 y re uirements of title 33, cl-
§ 1, eff. May 12, 1976. q
end of subsec. A.
Cross References
Traffic investigators, see § 28-627.
Library References
Municipal Corporations 0225(1). Coun i
WESTLAW Topic No. 268. t es, public libraries, s
C.J.S. Municipal Corporations § 961 et seq. Department of library, arch
Distribution of statutes to li
Powers and duties, cities ar.
§ 9-407. Exchange and sale of real al property, notice of intent
A. Any incorporated city or town may by ordinance authorize an exchange
§ 9-411. Tax levy f
of a parcel of real property for anyotherparcel of g
real property within the A city or town may
incorporated city or town, provided the parcels of realro ert are of substan- exceed one and one-ha
tially equal value and the exchange meetsp p y exceed one and one-ha
g the terms and conditions set forth in town, exclusive of thf
such ordinance.
purpose of establisher
B. Any incorporated city or town may sell aparcel of real roe readingrooms, for i
property rty to p
another political subdivision without following the rocedures s ecif' erecting and marntarni
p p ie
d in
C. A notice of intent to exchange or sell any property pursuant to this
section shall be published in accordance with the provisions
of§ 39-204 before Source:
the exchange or sale.
Civ.Code 1901, § 522.
Added by Laws 1983, Ch. 57, § 1. Amended by Laws 1986, Ch. 149, § 1. Civ.Code 1913, § 1925.
Laws 1919, Ch. 106, § 1.
Historical and Statutory Notes
The 1986 amendment, in subsec. A, deleted extended applicability to cities; and added sub-
specific population and notice requirements and secs. B and C. Count Libra s stems, citie
106 y � y
'RINTING & NOTICES RINITING AND PUBLICATION § 39-204
Title 39 P
Ch. 2
he cost of which is paid39-203. Number of publications for compliance with requirement of
►nlwhen: §
Y notice for specified time
ubsection A.
A. When notice is provided by law to be given for a specified number of
days or weeks, if by publication in a daily paper, it shall be published four days
of the seven in the week, and if by publication in a weekly paper, it shall be
published one day in each week.
§ 2744.
s,§ 1. B. One insertion each week in papers published weekly, and four insertions
8-101. each week in papers published daily, shall constitute seven days' notice.
Amended by Laws 1984, Ch. 105, § 1.
Historical and Statutory Notes
Source: The 1984 amendment substituted "four days"
Civ.Code 1901,§ 3780. for"six days"in subsec.A and"four insertions"
Laws 1903,Ch.50,§ 3. for"six insertions"in subsec.B.
Civ.Code 1913,§ 4659.
Rev.Code 1928,§ 2747.
Code 1939,§ 18-104.
Library References
Notice I1.
under this section and § 39- WESTLAW Topic No.277.
gal notices, and denying privi- C.J.S.Notice§§ 16,32.
g establishments of bidding on •
were qualified to do, was in Notes of Decisions
.Art.2,§ 13,and Art.4,Pt.2,
)rohibiting special privileges. Review 2 election,since evidence disclosed that no person
Inc. v. Moore (1929) 35 Ariz. Sufficiency of publication 1 was prevented from voting at the election who
was qualified elector and real property taxpay-
er,and that no person qualified to vote failed to
1. Sufficiency of publication vote by reason of lack of notice of election.
cation McLoughlin v. City of Prescott (1931) 39 Ariz.
Weekly publication in daily paper of notice of
)aper countyer is published in election on proposal to issue water system im- 286,6 P.2d 50.
e considered in awarding ad- provement bonds was sufficient compliance
sting contract. Osborn v. Mit- with statute. McLoughlin v. City of Prescott 2. Review
. 372,6 P.2d 902. (1931)39 Ariz.286,6 P.2d 50. Moot question in a mandamus suit whether
Weekly publication in daily paper of notice of county board of supervisors was required to
election on proposal to issue bonds of city to publish estimates of public expenses at least six
enlarge and improve water system was suffi- times each week, where publication was made
paper's circulation should not dent compliance with statute, although such in daily newspaper, was not of sufficient public
awarding county.advertising statute makes publication in weekly paper once importance to justify departure from general
ract. Osborn v.Mitten(1932) a week for required period of 30 days or publi- rule that court will not decide moot questions.
!d 902. cation in daily paper six times a week for 30 Mesa Mail Pub. Co. v. Board of Sup'rs of Mari-
days prior to day of election sufficient notice of copa County (1924) 26 Ariz. 521, 227 P. 5 72.
ids
d § 39-204. Publication of notice; time; place
l refuses to accept lowest bi
d printing,there must be facts A. When publication of a notice in a newspaper is directed or authorized by
bidder was not responsible law, it shnewspaper ofgeneralon
all be in a circulatiprinted in English.
(1932) 39 Ariz. 372, 6 P•2
B. If the number of times the notice is to be published is not specified,
Mrd reserved right to reject any ,, Publication shall be:
printing and advertising con-
story effect. Osborn v. Mitten _ 1• If in a weekly newspaper, once each week for two consecutive weeks.
-�..
2, 6 P�2d 902. 2. If in a dailynewspaper, four consecutive times.
641
4
§39-204 PUBLIC RECORDS, PRINTING ;& NOTICES
Title 39 PRINTING AND
Ch. 2
C. If the place of publication of the notice is not specified, publication shall = 3. Sufficiency of public
be: Since former § 44-31
of resale of personalty
1. If by a state officer, board, or commission, in a newspaper printed and under conditional sales
published within the county where the state capital is located. newspaper, did not sp
notice was to be publi:
2. If by a county officer, board, or commission, or by any person in a scribing number of time:
county, in a newspaper printed and published within such county. If no such ed if statute directing or
cation does
not
nik
newspaper is printed and published within the county, publication may be was applicable, d sn€
made in a newspaper of general circulation in the county which is printed in an of resale was insufficien
ad'oinin count Abril (App. 1965) 1 Ariz
g y
3. If by a district, city or town officer, board, or commission, or by any § 39-205. Prool
person in a district, city or town, in a newspaper printed and published within
the territorial limits thereof, if no such newspaper is printed and published A. An affidavit b
publication thereto
within the limits thereof, publication may be made in a newspaper printed and
the place of publica
published in the county in which the district, city or town is located.
Amended byLaws 1984, Ch. 105,§ 2. attached is a true
evidence of all facts
Historical and Statutory Notes B. The affidavit
Source: 1. If in a weekly newspaper, once each authority the public:
Rev.Code 1928,§ 2745. week for four consecutive weeks, with not less
Code 1939,§ 18-102. than twenty days intervening between the first
and last publication.",
The 1984 amendment rewrote par. 1, which and substituted "four consecutive times" for Source:
had read: "six consecutive times" in par. 2 of subsec. B. Rev.Code 1928,§ 274E
Code 1939,§ 18-103.
Cross References
Cities and towns,publication of proceedings and ordinances,see§ 9-811 et seq.
Incorporated towns,exchange of real property,notice of intent,see§ 9-407. Notice c=,11.
Trusts, estates,and protective proceedings,notice,see§ 14-1401. WESTLAW Topic No.
C.J.S.Notice§§ 16, 32
Library References
Notice C;=>11.
WESTLAW Topic No.277. AR
C.J.S.Notice§§ 16, 32.
§ 39-221. Price
Notes of Decisions
Necessity for publication 2 entered into without such notice is invalid. A. The maximurr.
Sufficiency of publication 3 Gamewell Co. v. City of Phoenix, C.A.9 ing, and for publica
Validity 1 (Ariz.)1954, 216 F.2d 928, opinion amended on
rehearing 219 F.2d 180. per insertion, charge
1. Validity Failure to comply fully with applicable statu-
the newspaper in wh
tory requirements as to publication of notice of B Unless Otherv�
Provision of this section, which requires a resale of repossessed personalty by conditional '
county to publish its public notices in a newspa- seller invalidated resale and barred recovery of publications and leggy
per printed in the county or, if no such newspa- deficiency judgment. Bogard GMC Co.V.Abril of the newspaper in
per exists, in an adjoining county, is constitu- (App. 1965) 1 Ariz.App.55,399 P.2d 189.
tional. Op.Atty.Gen.No.190-004.
Emergency ordinance adopted in manner
e
2. Necessity for publication provided for by sections of charter of city Source.
When by statute or city ordinance certain Tucson was not invalid or incomplete becauSe it
types of bids are recognized and notice for a was not published. Burton v. City of Tucson La.Code 1901,§§ 3788
definite time is required to be given, a contract (1960)88 Ariz. 320,356 P.2d 413. Civ Cod ws 0 1913 81 4§ 1
642 �§§ 663