HomeMy WebLinkAboutRes 2024-25RESOLUTION 2024-25
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, GRANTING A 30' ACCESS EASEMENT TO J.E. BOOTH FARMS, LLC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as
follows:
SECTION 1. That an access easement through, over and across a portion of certain real
property, known as "Parcel F" on the Town of Fountain Hills Plat No, 111 as recorded in the Office of the
County Recorder of Maricopa County, Arizona, Book 150 of Maps, Page 12, is hereby granted to J.E. Booth
Farms, LLC, in the form attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to take all steps and to execute all documents necessary to carry out the
purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills May 7,
2024.
FOR THE TOWN OF FOUNTAIN HILLS:
Ginny Dic '-y, Mayor
REVIEWED
Rachael Good n Manager
ATTE ED TO:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
When recorded return to:
Town of Fountain Hills
Attn: Town Clerk
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268
AFFIDAVIT EXEMPT
A.R.S. § 11-1134 (A)(3)
ACCESS EASEMENT
This ACCESS EASEMENT is made effective this rrkday of MAY 2024 between the
Town of Fountain Hills, an Arizona municipal corporation ("Town") and J.E. Booth Farms, LLC, a
North Carolina limited liability company ("J.E. Booth Farms").
WHEREAS the Town acquired certain real property by Special Warranty Deed from MCO
Properties, L.P. d/b/a MCO Properties Limited Partnership, Maricopa County Recorder ("MCR") 97-
0208849, which included "Parcel F" on the Town of Fountain Hills Plat No. 111, MCR 150-12 ("Parcel
F"), subject to, in pertinent part, "rights or claims of parties in possession and easements or claims of
easements not shown by the public records."
WHEREAS a portion of Parcel F, as described in the attached Exhibits A (legal description)
and Exhibit B (survey), has been used since at least 1976 to access Lot 30, Block 7, Town of Fountain
Hills Plat No. 111, MCR 150-12, APN 176-01-373 ("Lot 30").
WHEREAS J.E. Booth Farms acquired Lot 30 by Special Warranty Deed from BCE USA,
LLC, an Arizona limited liability company, MCR 2017019967.
WHEREAS the Town and J.E. Booth Farms now desire to formally record an access easement
over the portion of Parcel F that has been used historically to access Lot 30 and which includes a paved
driveway.
NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable
consideration which is hereby acknowledged, the Town grants and conveys to J.E. Booth Farms a
perpetual easement over the portion of Parcel F identified in Exhibit A and Exhibit B to be held
appurtenant to and for the benefit of Lot 30 exclusively for access to/from Lot 30 ("Access Easement"),
which shall include the right to construct and maintain a paved driveway. Any improvement(s)
constructed within the Access Easement for access to Lot 30 shall be at the sole cost and responsibility
of the then -owner of Lot 30. Nothing in this Access Easement shall cause any driveway constructed
within the Access Easement to become public.
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
GRANTOR: TOWN O�UNTAIN HILLS
n, u y g, 20Ly
By:
Dated:
The foregoing instrument was acknowledged befog me this day of JAq 2024 by
►ttny [) i' LP/
ota Public
My Commission Expires:
LINDA MENDENHALL
Notary Public - Arizona
Maricopa County
Commission M 637310
My Comm. Expires Oct 26, 2026
Exhibit A
LEGAL DESCRIPTION
ACCESS EASEMENT
FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 111, PORTION OF PARCEL "F"
A portion of the southeast quarter of Section 10 & northeast quarter of Section 15,
Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona, described as follows:
A portion of Parcel "F", of Fountain Hills Arizona Final Plat No. 111, according to the plat of
record in the office of the county recorder of Maricopa County, Arizona, recorder in Book
150, Page 12, and more particularly described as follows:
Commencing at the southwest corner of Lot 30, Block 7 of said Plat 111, said corner being
on the northerly right-of-way line of Westby Drive and the POINT OF BEGINNING;
Thence south 62 degrees 45 minutes 00 seconds west along said right-of-way a distance
of 30.00 feet;
Thence departing said right-of-way north 27 degrees 15 minutes 00 seconds west a
distance of 20.00 feet, to the beginning of a tangent curve concave northeasterly and
having a radius of 1700.00 feet;
Thence continuing along said curve through a central angle of 04 degrees 13 minutes 15
seconds, an arc length of 125.24 feet;
Thence north 68 degrees 00 minutes 00 seconds east, a distance of 30.00 feet, to a point
on the northwest corner of Lot 30, Block 7 of said Plat 111, and non -tangent curve
concave northeasterly and having a radius of 1670.00 feet;
Thence continuing along said curve through a central angle of 04 degrees 12 minutes 10
seconds, an arc length of 122.50 feet;
Thence south 27 degrees 15 minutes 00 seconds east a distance of 20.00 feet to the
POINT OF BEGINNING.
This Easement contains an area of 4,316.24 square feet more or less.
TOWN OF FOUNTAIN HILLS
ACCESS EASEMENT
EXHIBIT "B"
FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 111, PARCEL "F", 150-12 MCR
N68'00'00"E 30.00' /N68.00'OO»E
----- _ 0.00(C)
40.65'
20' P.U.E.&D.E.
CURVE DATA:
0 6,=04'13'15"(C)
R=1700.00'
L=125.24'(C)
O2 0=04'12'10"
R=1670.00'
L=122.50'
0 0=04'14'20"
R=1730.00'
L=127.99'
0 R=1105.00'
L=26.40'
MIRAGE CONDO 85
BOOK 392, PAGE 41
UNIT 1: APN 176-01-825
UNIT 2: APN 176-01-826
N27'15'00"W
20.00'
N27'15'00"W
20.00'
(C) CALCULATED
47
cP.
15' 30'
SCALE: 1' = 30'
DATE: 4-24-2024
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S62'45'00"W I:-::.
30.00' j
S62'45'00"W
30.00'
WESTBY DR
-1 NEW ACCESS
1 EASEMENT
EASEMENT AREA: 4,316.24 SF
_ N68'00'00"E
110.00'
20' P.U.E.&D.E.
OWNER:
J E BOOTH FARMS LLC
PLAT 111, BLK 7, LOT 30
BOOK 150, PAGE 12
APN 176-01-373
NEW 30' ACCESS
EASEMENT
S27'15'00"E
20.00'
POINT OF
BEGINNING