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HomeMy WebLinkAboutRes 1996-81t • • When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1996-81 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OF THE DRAINAGE EASEMENT AT THE NORTHEAST STREET INTERSECTION OF SUNDOWN DRIVE AND DESERT CANYON DRIVE IN SUNRIDGE CANYON PARCEL D-SOUTH,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 406 OF MAPS,PAGE 23,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council of the Town of Fountain Hills,as the governing body of real property located in the Town of Fountain Hills,may require the dedication of public streets,sewer,water,drainage,and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement,deed, subdivision,plat or other lawful means;and WHEREAS,All present utility companies have received notification of the proposed abandonment; NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of Fountain Hills,Arizona as follows: SECTION 1.That the certain thirty (30)foot drainage easement,located at the northeast street intersection of Sundown Drive and Desert Canyon Drive, encompassing a portion of and along the southerly property lines of Lot 13 and 14,open space Tract C and the north side right of way adjacent to Desert Canyon Drive as depicted in Exhibit MA",Fountain Hills,Arizona;as recorded in book 406 of maps,page 23 records of Maricopa County, Arizona;are hereby declared to be abandoned by the Town of Fountain Hills. Resolution 1996-81 Page 1 of 2 ^ass/)ail 1lOJ-'j*MOTION LOr^l^koT-f- SECOND Pf^ COUNT 1-0 C SECTION 2.Thatthis Resolution is one of abandonment and disclaimer by the Town solelyfor the purpose of removing any potential cloud on the title to said property and that the Towninno way attempts to affect the rightsof any private party to oppose the abandonment or assert any rightresulting therefrom or existing previous to any action by the Town. 1 PASSED AND ADOPTED this 21st day of November,1996. FOR THE TOWN OF FOUNTAIN HILLS: ierold L.Miles,Mayor 5aul L.Nordin Town Manager Resolution 1996-81 Page 2 of 2 ATTEST: I AAA**\4J /Mi^wi Cassie B.Hansen Town Clerk William E.Farrell Town Attorney -^_ VICINITYMAP >>yy EXHIBIT A DRAINAGE EASEMENT ABANDONMENT A PORTION OF PARCEL D-SOUTH AT SUNRIDGE CANYON. OPEN TRACT EXISTING DRAINAGE EASEMENT PER BOOK 406 PG 23 M.C.R. TO BE ABANDONED N.T.S. /$\JMI AND ASSOCIATES CIVIL ENGINEERING,SUBDIVISIONS,&LANDPLANNING 4151N MARSHALL WAY SUITE12 SCOTTSDALE.AZ 85251 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ABANDONED SUNRIDGE CANYON PARCEL D (SEE EXHIBIT "A"ATTACHED HERETO) THAT CERTAIN DRAINAGE EASEMENT SHOWN ON THE FINAL PLAT OF SUNRIDGE CANYON ,RECORDED IN BOOK 406 PAGE 23,MARICOPA COUNTY RECORDS, LYING INA PORTION OF SECTION 9,TOWNSHIP 3 NORTH,RANGE 6 EAST,OF THE GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 9; THENCE SOUTH 89°48'38"WEST A DISTANCE OF 1492.03 FEET ALONG THE SOUTH LINE OF SECTION 9 TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF PALISADES BOULEVARD,AS SHOWN ON THE FOUNTAIN HILLS ARIZONA FINAL PLAT NO.601-B,RECORDED IN BOOK 166 OF MAPS,PAGE 31,AND FOUNTAIN HILLS ARIZONA FINAL PLAT NO.601-D,RECORDED IN BOOK 339,PAGE 29,MARICOPA COUNTY RECORDS; THENCE THE FOLLOWING FOUR COURSES ALONG THE RIGHT-OF-WAY OF PALISADES BOULEVARD: NORTH 45°55'23"EAST A DISTANCE OF 782.01 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEAST,HAVING A RADIUS OF 1055.00 FEET; NORTHEASTERLY 249.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°32'22"; NORTH 59027'45"EAST A DISTANCE OF 325.07 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY,HAVING A RADIUS OF 20.00 FEET; NORTHEASTERLY 31.40 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°57'18"TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF GOLDEN EAGLE BOULEVARD AS RECORDED IN DOCUMENT NO.90-322416 AND DOCUMENT NO.95-0698237 AND AS SHOWN ON BOOK 406 PAGE 23,MARICOPA COUNTY RECORDS; THENCE THE FOLLOWING SIX COURSES ALONG THE WESTERLY RIGHT-OF-WAY OF GOLDEN EAGLE BOULEVARD: NORTH 30°29'33"WEST,A DISTANCE OF 201.97 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE NORTHEAST,HAVING A RADIUS OF 651.00 FEET; NORTHWESTERLY 398.86 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°06'16"; NORTH 4°36'43"EAST A DISTANCE OF 283.80 FEET TO THE BEGINNING OF A CURVE,CONCAVE SOUTHWEST,HAVING A RADIUS OF 749.00 FEET; NORTHWESTERLY 407.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °11'14"; NORTH 26°34'31"WEST A DISTANCE OF 716.07 FEET TO THE BEGINNING OF A CURVE,CONCAVE NORTHEAST,HAVING A RADIUS OF 851.00 FEET; NORTHWESTERLY 70.27 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°43'51"TO A POINT ON THE CENTERLINE OF DESERT JMI &ASSOCIATES f:\projects\sunridge\parceld\south\exhibits\docs\abandon.doc 6/21/96 (Eft %'M c Njjjfjgji/ Nsjjjjui/ CANYON DRIVE AS SHOWN ON THE FINAL PLAT OF SUNRIDGE CANYON, RECORDED IN BOOK 406 PAGE 23,MARICOPA COUNTY RECORDS,SAID POINT LYING ON A NON-TANGENT CURVE,CONCAVE,NORTHWEST,FROM WHICH THE RADIUS BEARS NORTH 21°50'40"WEST A DISTANCE OF 500.00 FEET; THENCE THE FOLLOWING THREE COURSES ALONG THE CENTERLINE OF DESERT CANYON DRIVE: SOUTHWESTERLY 244.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°03'38"; NORTH 83°47'02"WEST A DISTANCE OF 151.65 FEET TO THE BEGINNING OF A CURVE,CONCAVE SOUTHEAST,HAVING A RADIUS OF 970.00 FEET; SOUTHWESTERLY 546.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°15'30". THENCE ON A RADIAL LINE,NORTH 26°02'32"WEST A DISTANCE OF 35.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF DESERT CANYON DRIVE, AND THE POINT OF BEGINNING,SAID POINT BEING THE EASTERNMOST CORNER OF A DRAINAGE EASEMENT AS SHOWN ON SAID PLAT OF SUNRIDGE CANYON AND LYING ON A NON-TANGENT CURVE,CONCAVE SOUTHEAST,FROM WHICH THE RADIUS BEARS SOUTH 26°02'32"EAST A DISTANCE OF 1005.00 FEET; THENCE THE FOLLOWING FOUR COURSES ALONG THE BOUNDARY OF SAID DRAINAGE EASEMENT: NORTH 26°02'32"WEST ON A RADIAL LINE A DISTANCE OF 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE SOUTHEAST, HAVING A RADIUS OF 1035.00 FEET. SOUTHWESTERLY 196.33 FEET THROUGH A CENTRAL ANGLE OF 10°52'06" THENCE SOUTH 36°54'38"EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF DESERT CANYON DRIVE,SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE SOUTHEAST FROM WHICH THE RADIUS BEARS SOUTH 36°54'38"EAST A DISTANCE OF 1005.00 FEET. NORTHEASTERLY 190.64 FEET ALONG THE ARC OF SAID CURVE AND NORTHERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 10°52'06"TO THE POINT OF BEGINNING. CONTAINING 0.133 ACRES,MORE OR LESS. JMI &ASSOCIATES f:\projects\sunridge\parceld\south\exhibits\docs\abandon.doc 6/21/96 £j)U<Lft