HomeMy WebLinkAboutRes 1997-09Xiiigjjgj*/
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When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
RESOLUTION 1997-09
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 CERTAIN DRAINAGE EASEMENT ALONG
THE WEST SIDE OF MONTEREY DRIVE BETWEEN SHEA BLVD
AND THE KENSINGTON PLACE ALIGNMENT IN FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN DOCKET 94-0855341,
RECORDS OF MARICOPA COUNTY,ARIZONA.
TheTown Council of the Townof 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
TheTown Council of the Townof 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
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 drainage easement,located along the westerly side of
Monterey Drive between Shea Blvd and the Kensington Place alignment as
shown in Exhibit A and described in Exhibit B,in Fountain Hills,Arizona;a
portion of the easement recorded in Docket 94-0855341 records of
Maricopa County,Arizona;is hereby declared to be abandoned by the
Town of Fountain Hills;except that all portions of the drainage easement
shown on Plat 706,Fountain Hills,Arizona as recorded inBook 434 of Maps,
Page 49,records of Maricopa County,Arizona,shall be retained,as shown
in Exhibit C.
SECTION 2,That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said
property and that the Town in no way attempts to affect the rights of any
private party to oppose the abandonment or assert any right resulting
therefrom or existing previous to any action by the Town.
Resolution 1997-09
Page 1of2
PASSED AND ADOPTED this 20th day of March,1997.
FOR THE TOWN OF FOUNTAIN HILLS:
Jerold L.Miles,Mayor
REVIEWED BY:
^ufpNordin
Town Manager
ATTEST:
KJMa^KD ]dlA>uL~J
Cassie B.Hansen
Town Clerk
William E.Farrell
Town Attorney
Resolution 1997-09
Page 2 of 2
r EXHIBIT A
ACCOMPANIES PARCEL DESCRIPTION
FOR
EXISTING DRAINAGE EASEMENT
ABANDONMENT
J^-T "-su*..PO,NT ^BEGINNING4r-"N SHEA BOULEVARD I
\ID 1/4 COR.«•'
6EC.26
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Exhibit B
FOUNTAIN HILLS PLAT ~D6
PARCEL DESCRIPTION FOR EXISTING DRAINAGE
EASEMENT ABANDONMENT
Being a portion of Section 26,Township 3North,Range6 East ofthe Gila and Salt River Base
and Meridian,Maricopa County,Arizona,described as follows:
Beginning at the intersection of the northerly right-of-way lineof Shea Boulevard,as recorded in
Book15ofMaps,Page 54 and 55,Maricopa CountyRecorder,and the westerly right-of-way line
of Monterey Drive,said intersection bears South 55°25'27"East,a distance of 22&0.63 feet
from the west quarter corner of saidSection26;
Thencenorthwesterlyalong said northerly right-of-way line of Shea Boulevard,being a curve
concave southwesterly whose center bears South 50°10'19"West,a distance of 6997'.49 feet,
through a central angle of 00°2&OT,anarclengthof 53.16 feet;
Thence North 55°A-&13"East,a distance of 246.57 feet to the beginning of a non-tangent
curve,concave northwesterly,whose center bears North 39°32'30"West,a distance of
335.00 feet;
Thence Northwesterly along said curve through a centralangle of 47°20'04",anarc iengthof
276.76 feet;
Thence South 73°39'24"East,a distanceof 32.47 feet to apointonacurveon the westerly
right-of-way line ofMonterey Drive suchcurve being concave northwesterly,the centerof which
bears South 8>4°50'23"West,a distance of 365.00 feet;
Thence Southeasterly along said curved westerly right-of-way lineof Monterey Drive,through a
central angle of 45°17 53",anarc length of 2d&37 feet;
Thence South 50°27 30"West,a distance of 247.00 feet to the POINTOFBEGINNING.
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TOWN OF FOUNTAIN HILLS
DRAINAGE EASEMENT ABANDONMENT
EXHIBIT "C"
PLAT 706
RETAIN
DRAINAGEEASEMENT
A=09'39'42
R=335.00
1=56.49'
N84'29'00"E
30.00'
:v-:^
^^^
N73\39'24WW ~^<13.30*p£
A=10,39,48M
R=365.00'
L=67.93'
PL
SCALE:f=80'A=44*28'12
R=335.00"
L=260
A=00'26'07"
R=6997.49'
vL=53.16*
PLAT/706
ABANDON
DRAINAGEEASEMENT
DRAINAGEEASEMENT
PER DOCKET
94-0855341
L=41.69'
L=11.47X 0
oN
*A
^
*PV
PLAT 705
RETAIN
DRAINAGEEASEMENT
PER PUT 706
BOOK 434,PAGE 49
SUNRISE POINT
16S»
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