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Home My WebLink AboutRes 2024-34 RESOLUTION 2024-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, GRANTING A 30' LANDSCAPE AND ACCESS EASEMENT TO CONSTANCE BOUSSELAIRE 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 Constance Bousselaire, 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 August 20, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTE TO. Li/V- Ginny I key, ayor -tirtda Mendenhelt Town Clerk REVIEWED BY: APPROVED AS TO FORM: Racha Goodwin, ow Manager Aaron D.Arnson, Town Attorney Exhibit A LEGAL DESCRIPTION LANDSCAPE AND 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, recorded 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 of Westby Drive; Thence south 62 degrees 45 minutes 00 seconds west along the northerly right-of-way of Westby Drive, a distance of 30.00 feet to the POINT OF BEGINNING; Thence south 62 degrees 45 minutes 00 seconds west along the northerly right-of-way of Westby Drive, a distance of 30.00 feet, to a point being on the southeast corner of Mirage Condominiums 85, according to the plat of record in the office of the county recorder of Maricopa County, Arizona, recoded in Book 392, Page 41; Thence departing said northerly right-of-way of Westby Drive, 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 1730.00 feet; Thence continuing along said curve through a central angle of 04 degrees 14 minutes 20 seconds, an arc length of 127.99 feet, to a point on the northeast corner of said Mirage Condominiums 85; Thence departing the northeast corner of said Mirage Condominiums 85, north 68 degrees 00 minutes 00 seconds east, a distance of 30.00 feet to a point of a non-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 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 4,398.55 square feet more or less. I TOWN OF FOUNTAIN HILLS LANDSCAPE & ACCESS EASEMENT EXHIBIT "B" FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 111, PARCEL "F", 150-12 MCR N68'00'00"E N68°00'00'E 30.00'(C 0 40.65' -..: ) 30.00'(C) 7 N68°00'00"E 20' P.U.E.&D.E. i 110.00' ............. - 2 0' PUE &DE r: wo_ - - - - - — � I C �` CURVEDATA N J N cn 0 A =04'14'20" � w � Q J U R=1730.00' MIRAGE CONDO 85 : I •T 0' 8 L=127.99' BOOK 392, PAGE 41 •.:•:• . :•: ;i z Q Q U UNIT 1:APN 176-01-825 ::.::: .• i Q _m o ® 0413'15"(C) R=1700.00' UNIT 2:APN 176-01-826 L: . .. i Z - o no L=125.24'(C) 1 oQYQ 00 =04'12'10" R=1670.00' NEW 30' 1 BOO o 3 L=122.50' m O 0 R=1105.00. LANDSCAPE & -.: r1 z ACCESS i 0 L=26.40' EASEMENT i ~ ..:..:i OWNER: J E BOOTH FARMS LLC PLAT 111, BLK 7, LOT 30 N27'15'00"W 30 ACCESS, BOOK 150, PAGE 12 20.00' EASEMENT — APN 176-01-373 • N27°15'00"W �- S27.15'00"E 20.00' ��.:. 20.00' S62°45 00"W (C) CALCULATED J,3o.00'� lr 4 > ssgp"wOINT ��o�� %A „. \% WESTBY DR 'g `/ °L� ti� 0 is' 30' # -I NEW ACCESS @S �\^��tio �� I 1 EASEMENT 9ned SCALE: 1" - EASEMENT AREA: 4,398.55 SF koires:g/30I2°' DATE: 7-172024 j 0 When recorded return to: AFFIDAVIT EXEMPT Town of Fountain Hills A.R.S. § 11-1134 (A)(3) Attn: Town Clerk 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 LANDSCAPE AND ACCESS EASEMENT This LANDSCAPE AND ACCESS EASEMENT is made effective this day of 2024 between the Town of Fountain Hills, an Arizona municipal corporation ("Town") and Constance Bousselaire ("Grantee"). 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 Exhibit A (legal description) and Exhibit B (survey), has been improved with landscaping and maintained by the owner of Mirage Condominium 85, Unit 2, Town of Fountain Hills Plat 111, Block 7, Lot 31A, MCR 392-41,APN 176-01- 826 ("Mirage Condominium 85, Unit 2"). WHEREAS Constance Bousselaire acquired Mirage Condominium 85, Unit 2 by Warranty Deed from the Litzenberger Family Living Trust, MCR 20211356984. WHEREAS the Town and Grantee now desire to formally record a landscape and access easement over the portion of Parcel F that has been improved with vegetation and maintained by Grantee. 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 Grantee a perpetual easement over the portion of Parcel F identified in Exhibit A and Exhibit B to be held appurtenant to Mirage Condominium 85, Unit 2 exclusively for access and maintenance of the landscape improvements ("Landscape and Access Easement"). Maintenance of all landscaping within the Landscape and Access Easement shall be the responsibility of the owner of Mirage Condominium 85, Unit 2. Any improvement(s) constructed within the Landscape and Access Easement shall be at the sole cost and responsibility of the then-owner of Mirage Condominium 85, Unit 2. Nothing in this Landscape and Access Easement shall cause any improvement(s) constructed within the Access Easement to become public. GRANTOR: TOWN OF FOUNTAIN HILLS By: Dated: STATE OF ARIZONA ) ss. COUNTY OF MARICOPA The foregoing instrument was acknowledged before me this_day of 2024 by Notary Public My Commission Expires: