HomeMy WebLinkAboutRes 1995-02\ite/
When Recorded Return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1995-02
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ACCEPTING FROM
MCO PROPERTIES LP.ALLRIGHT,TITLE,AND INTEREST THEY
POSSESS TO CERTAIN REAL PROPERTY LOCATED IN FOUNTAIN
HILLS,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 acquire property
within the corporate limits of the Town of Fountain Hills;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,It is the express intention of MCO Properties L.P.to convey said interest to
the Town of Fountain Hills;
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.That the Mayor and the Common Council of the Town of Fountain Hills,
Arizona accepts by deed any and all interest possessed by MCO Properties
L.P.in the real property as more fully described and depicted in"ExhibitA"
attached hereto.
SECTION2.That upon presentation of proper documentation reviewed by the Town
Attorney and certified by the Town Engineer,the Mayor and Town Clerk are
hereby authorized and directed to accept the deed for the real property
and are instructed to record the Special Warranty Deed of December 29,
1994 and a copy of this Resolution in the Office of the Maricopa County
Resolution 1995-02
page 1 of 2
Recorder for notice to the world as acceptance by the Town of Fountain
Hills of this property.
PASSED AND ADOPTED this 5th day of January ,1995.
John M.Cititillo,Mayor
TEDM/
*aul L.Nordin
Town Manager
ATTEST:
AA&^-^J5
Cassie B.Hansen
Town Clerk
APPROVED AS TO FORM:
William E.Farrell
Town Attorney
Resolution 1995-02
page 2 of 2
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When Recorded Return to:
Engineering Department
Town of Fountain Hills
PO Box 17958
Fountain Hills,AZ85269
SPECIAL WARRANTY DEED
(Tioga Drive Dedication)
For the consideration of Ten Dollars ($10.00)and other
valuable considerations,MCO PROPERTIES L.P.,a Delaware limited
partnership,d/b/aMCOPropertiesLimitedPartnership ("Grantor")
herebyconveystotheTownOfFountainHills,("Grantee"),the
followingrealproperty situated in Maricopa County,Arizona (the
"Property"):
See Exhibit "A"attached hereto and incorporatedherein
by this reference.
EXCEPT alloil,gases and other hydrocarbon substances,
coal,stone,metals,minerals,fossils,and fertilizers
of every nameanddescription,together with alluranium,
thorium,oranyother material which isormaybe
determined tobe peculiarly essential tothe production
of fissionable materials,whether or not of commercial
value;and
EXCEPT all underground water in,under or flowing through
the Property and water rights appurtenant thereto;and
SUBJECT to all taxes and other assessments,reservations in
patents and all easement,covenants,conditions,restrictions,
reservations,rights and rights ofway,obligations and liabilities
as may appear of-record,and to-all Federal,State,County,
District and local laws,ordinances,regulations,zoning codes and
the likeas the same now exist and as may be hereafter established
or amended.
Grantor hereby waives,releases and relinquishes all surface
rights to the Property,including without limitation the rights of
ingress and egress on,to,over and across the Property for the
purpose oftesting,drilling,mining,removing,producing,storing,
treating or transporting anyof the above excepted substances,by
pipeline orotherwise,orthe performance ofany mining operations,
removal ofearth,orforany other purposes.Provided,however,
nothing herein containedshallbe construed aswaiving,releasing
or relinquishing anyright,title or interest of Grantor inandto
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the above excepted substances in and under and that may be produced
from the property.
Grantor hereby binds itself and its successors to warrant and
defend the title as against all acts of Grantor herein and none
other,subject tothe matters above set forth.
DATED this gj£^day of {)(}uu^jU^,1994.
MCO PROPERTIES L.P.,a
Delaware limited partnership
By:MCO Properties Inc.,
a Delaware corporation,General Partner
JHF.ufe/nkins
Its:Vice President
STATE OF ARIZONA
COUNTY OF MARICOPA
On this
7U.
^£
My Commission Expires:
17 /
day of C^Qjucc^y^-cyL^,1994,before me,the
undersigned officer,personallyappeared J.F.Jenkins,who
.acknowledged himselftobetheVicePresidentofMCO Properties
Inc.,a Delaware corporation,andthat he,insuchcapacity,being
authorized todo so,executed the foregoing instrument forthe
purposes therein containedbysigningthenameofthe corporation
by himself.
IN WITNESS WHEREOF,I hereunto setmyhandandofficialseal.
Notary Public
OFFICIAL S£AL
GABRiELE E.DESROSIERS
NOTARY PUBLIC—ARIZONA
MARICOPA COUNTY
My comm.expiresJan.26,1996
\j^0?
LEGAL DESCRIPTION FOR A PART OF TIOGA DRIVE
FOUNTAIN HILLS,ARIZONA
A part of Tioga Drive located in Section 23,Township 3 North,
Range 6 East of the Gila and Salt River Base and Meridian,Fountain
Hills,Maricopa County,Arizona and more particularly described as
follows:
BEGINNING at the most northerly corner of Fountain Hills Arizona,
Final Plat No.302 as recorded on December 14,1972 in Book 156 on
Page 45of the records of the Maricopa County Recorder,thence
South 39 degrees 13 minutes 00 seconds West a distance of 60.00
feet across Tioga Drive and the boundary of said Plat 302 to a
point on a non-tangent curve concave southwesterly and having a
radius of 910.00 feet,said point being on the northerly boundary
line of Fountain Hills Arizona,Final Plat No.302-A as recorded on
August 8,1973 in Book 164 on Page 43 of said county records,a
radial line passing through said point bears North 39 degrees 13
minutes 00 seconds East;thence northwesterly along said curve and
said Plat 302-A through a central angle of21 degrees 38 minutes 00
seconds an arc length of 343.59 feet;thence North 72 degrees 25
minutes 00 seconds West a distance of 289.98 feet to the beginning
ofa tangent curve concave northeasterly and having a radius of
250.00 feet;thence along the arcof said curve through a central
angle of39 degrees 40 minutes 00 seconds an arc length of 173.08
feet;thence North 32 degrees 45 minutes 00 seconds West a distance
of 64.31 feetto the beginning ofa tangent curve concave southerly
and having a radius of 20.00 feet;thence along the arcof said
curve through a central angle 90 degrees 00 minutes 00 seconds an
arc length of 31.42 feet toa point ofcusp,said point being on
the easterly line of Panorama Drive;thence departing said Plat
302-A,North 57 degrees 15 minutes 00 East seconds along Panorama
Drive a distance of 100.00 feet to a point of cusp and the
beginning ofa non-tangent curve concave easterly and having a
radius of 20.00 feet,a radial line passing through said point
bears North 32 degrees 45 minutes 00 seconds West;thence departing
Panorama Drive southwesterly along the arc of said curve through a
central angle of90 degrees 00 minutes 00 seconds an arc length of
31.42 feet;thence South 32 degrees 45 minutes 00 seconds East a
distance of 64.31 feet to the beginning of a tangent curve concave
northeasterly and having a radius of 190.00 feet;thence along the
arcof said curve through a central angle of39 degrees 40 minutes
00 seconds anarc length of 131.54 feet;thence South 72 degrees 25
minutes 00 seconds East a distance of 289.98 feet to the beginning
ofa tangent curve concave southwesterly and having a radius of
970.00 feet;thence along the arcof said curve through a central
angle of21 degrees 38 minutes 00 seconds anarc length of 366.25
feet to the POINT OF BEGINNING.
This parcel contains 1.218 acres more or less.
LN 740
GWN
11-04-94 am.12-28-94
Page 1 of 2
Exhibit "A'
fi4A/,0*«Aft
A -WOO'00"
Z-20.00*
L*31.42'
U.B2C45'00"\fJ.04.31*
A=3V40'00
R=ZBO.OO'
L'173.06'
'FOUUniU HILLS ARtZOM
FIKIDL FLOT Wo.302-/7
Ki.dVld'OO'e.109.00*
A »WOO*00"
n -20.00'
L «31.42'
f.3Zo4e'00"£.04.31'
A«WAO'OO*
£*190.00'
L»131.5*'
6.3Vt3'Q0mVJ.bO.001 p.o.a,
L.kJ.140
GlMUItem
11-15-<?4
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