HomeMy WebLinkAboutRes 1997-68When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1997-68
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 PUBLIC UTILITY EASEMENT
ALONG THE EASTERLY LOT LINES OF LOT 10,OF PARCEL
D-SOUTH AT SUNRIDGE CANYON,FOUNTAIN HILLS,
ARIZONA,AS RECORDED IN BOOK 422 OF MAPS,PAGE 31,
RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,TheTown Council of the Townof Fountain Hills,as the governing body of
real property located in the Townof 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,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
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 eight (8)foot public utility easement,located along the
easterly property line,of Parcel D-South,Lot 10,as shown in Exhibit B;
Fountain Hills,Arizona;as recorded in book 422of maps,page 31 records
of Maricopa County,Arizona;are hereby declared to be abandoned by
the Town of Fountain Hills.
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 1997-68
Page 1 of 2
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MOTION LO:'^^C^Ko-f--A
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PASSED AND ADOPTED this 18th day of December,1997.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
Paul u.Nbrdin
Town Manager
(A/ULuC>4J fU-A\Aj^
Cassie B.Hansen
Town Clerk
APPRPVED AS TO FORj>#
William E.Farrell
Town Attorney
Resolution 1997-68
Page 2 of 2
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LEGAL DESCRIPTION
ABANDONMENT OF A PUBLIC UTILITY EASEMENT
ACROSS A PORTION OF LOT 10
PARCEL D-SOUTH AT SUNRIDGE CANYON
THAT PUBLIC UTILITY EASEMENT LYING WITHIN LOT 10,PARCEL D-SOUTH AT
SUNRIDGE CANYON,A SUBDIVISION RECORDED IN BOOK 422 PAGE 31,MARICOPA
COUNTY RECORDS,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 10;
THENCE NORTH 88°50'36"EAST,113.59 FEET ALONG THE BOUNDARY LINE
COMMON TO LOTS 10 AND 11 OF PARCEL D-SOUTH,TO A POINT ON THE WEST
LINE OF SAID PUBLIC UTILITY EASEMENT RECORDED IN BOOK 422 PAGE 31.
MARICOPA COUNTY RECORDS,SAID POINT BEING THE POINT OF BEGINNING.
SAID POINT ALSO BEING A POINT OF CURVATURE OF A NON-TANGENT CURVE.
CONCAVE NORTHEAST,FROM WHICH THE RADIUS POINT BEARS NORTH 70°24'20"
EAST,A DISTANCE OF 238.00 FEET;
THENCE SOUTHEASTERLY 43.54 FEET ALONG THE ARC OF SAID CURVE AND THE
WEST LINE OF SAID PUBLIC UTILITY EASEMENT,THROUGH A CENTRAL ANGLE
OF 10°28'51"TO A POINT ON THE EASTERLY BOUNDARY OF LOT 10;
THENCE NORTH 13°54'30"WEST,40.82 FEET TO THE NORTHEAST CORNER OF LOT
10;
THENCE SOUTH 88°50'36"WEST,8.45 FEET ALONG THE NORTH LINE OF LOT 10 TO
THE POINT OF BEGINNING.
JMI &ASSOCIATES
Wjmi\sys\projects\sunridge\parceld\south\exhibits\docs\abandpue.doc
10/20/97 REV 12/9/97
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