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Home My WebLink AboutRes 1998-01V When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1998-01 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN DRAINAGE EASEMENT SHOWN IN EXHIBIT A OF LOT41,PLAT 606A,FOUNTAINHILLS,ARIZONA,AS RECORDED IN BOOK 428 OF MAPS,PAGE 50,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council ofthe Town ofFountain Hills,asthegoverningbodyofreal propertylocatedinthe Town ofFountain Hills,mayrequirethededicationof public streets,sewer,water,drainage,andother utility easements or rights-of-way within any proposed subdivision;and WHEREAS,The Town Council oftheTownofFountain Hills hasthe authority toacceptor rejectoffersofdedicationofprivatepropertyby easement,deed,subdivision,plat or other lawful means;and NOW THEREFORE,beit resolved by the Mayor and Common Council of the Townof Fountain Hills,Arizona as follows: SECTION 1.Thatthe drainage easement shown inExhibitA,located onLot41ofPlat606A, Fountain Hills,Arizona;as recorded inbook428of maps,page 50recordsof MaricopaCounty,Arizona;ishereby declared tobe abandoned bythe Town of Fountain Hills. SECTION2.ThatthisResolutionis one of abandonment anddisclaimerbytheTownsolelyfor the purpose ofremovinganypotentialcloudonthetitletosaidpropertyandthat theTowninnoway attempts toaffecttherightsofanyprivatepartyto oppose the abandonment or assert anyrightresultingtherefromorexistingprevioustoany action by the Town. Resolution 1998-01 Page 1 of 2 (PASS/FAIL _ MOTION PorVv«x_ -iS-<?2r SECOND CQ\gc,^Ko-^-f- COUN1 PASSED AND ADOPTED this 18 day of January,1998. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: Jerold L.Miles,Mayor / Paul L/Wbrdfh Town Manager Cassie B.Hansen Town Clerk APPROVED AS TQJ50RM &ff/»* William E.Farrell Town Attorney Resolution 1998-01 Page 2 of 2 DEC-31-97 WED y:4U am anuuoun-muun,inu rAA MU.OUZ Z/O UZ04 EXHIBIT A DRAINAGE EASEMENT ABANDONMENT i- o LEGAL NUMBER 1005 GWN 12-29-97 PAGE 2 OF 2 EXHIBIT A DRAINAGE EASEMENT ABANDONMENT ONLOT41,FOUNTAIN HILLSPLAT 606-A ABANDONMENT OFTHE DRAINAGE EASEMENT SHOWN ONLOT41,FOUNTAIN HILLS PLAT606-AASRECORDEDONNOVEMBER 11,1996INBOOK428,PAGE50, RECORDERNUMBER96-0827095INTHERECORDSOFMARICOPACOUNTY, ARIZONA,AND SITUATED IN SECTION 16,TOWNSHIP 3NORTH,RANGE6EASTOF THEGILAANDSALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OFSAIDLOT41,THENCE NORTH 77 DEGREES 23 MINUTES 28 SECONDS EAST ALONG THE SOUTHEASTERLY LOT LINE A DISTANCE OF 27.24 FEET TO THE POINT OF BEGINNING: THENCE DEPARTING SAID LOT LINE NORTH 19 DEGREES 37 MINUTES 57 SECONDS EAST A DISTANCE OF 59.41 FEET;THENCE NORTH 52 DEGREES 12 MINUTES 05 SECONDS EAST A DISTANCE OF 47.20 FEET;THENCE NORTH 25 DEGREES 20 MINUTES 58 SECONDS EAST A DISTANCE OF 29.92 FEET;THENCE NORTH 65 DEGREES 54 MINUTES 54 SECONDS EAST A DISTANCE OF 122.04 FEET TO A POINT (^ON CURVE ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF STARDUST DRIVE, SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 770.00 FEET,A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 46 DEGREES 53 MINUTES 44 SECONDS;THENCE SOUTHEASTERLY ALONG THE ARCOF SAID CURVE AND SAID RIGHT OF WAY,THROUGH A CENTRAL ANGLE OF00 DEGREES 24 MINUTES 52 SECONDS AN ARC LENGTH OF 5.57 FEET TO THE NORTHEAST CORNER OFSAIDLOT41;THENCE DEPARTING SAID STARDUST DRIVE SOUTH 26 DEGREES 15 MINUTES 18 SECONDS WEST ALONG SAID LOT LINE A DISTANCE OF 38.76 FEET; THENCE DEPARTING SAIDLOT LINE,SOUTH 65 DEGREES 54 MINUTES 54 SECONDS WESTA DISTANCE OF82.94 FEET;THENCE SOUTH 25 DEGREES 20 MINUTES 58 SECONDS WEST A DISTANCE OF 25.99 FEET;THENCE SOUTH 52 DEGREES 12 MINUTES 05 SECONDS WEST A DISTANCE OF 45.59 FEET;THENCE SOUTH 19 DEGREES 37 MINUTES 57 SECONDS WEST A DISTANCE OF 31.73 FEET TO THE SOUTHEASTERLY LINEOFSAIDLOT41;THENCE SOUTH 77 DEGREES 23 MINUTES 28 SECONDS WEST ALONG SAID LINE A DISTANCE OF 35.47 FEET TO THE POINT OF BEGINNING. LEGAL NUMBER 1005 GWN AMENDED 12-29-97;12-09-97 PAGE 1 OF 2 w E X H I B I T B N E W D R A I N A G E E A S E M E N T L E G A L N U M B E R 1 0 0 6 G W N 1 2 - 2 9 - 9 7 P A G E 2 O F 2 c c EXHIBIT B DRAINAGE EASEMENT ON LOT 41,FOUNTAIN HELLS PLAT 606-A AN EASEMENT FOR DRAINAGE PURPOSES ONLOT41,FOUNTAIN HELLS PLAT606-A ASRECORDEDONNOVEMBER 11,1996INBOOK428,PAGE50,RECORDERNUMBER 96-0827095INTHERECORDSOFMARICOPACOUNTY,ARIZONA,ANDSITUATEDIN SECTION 16,TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE GILAANDSALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA SAID EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE MOST SOUTHERLY CORNER OFSAIDLOT41,THENCE NORTH 77 DEGREES 23 MINUTES 28 SECONDS EAST ALONG THE SOUTHEASTERLY LOT LINE A DISTANCE OF 39.06 FEET TO THE POINT OF BEGINNLNG: THENCE DEPARTING SAID LOT LINE NORTH 19 DEGREES 37 MINUTES 57 SECONDS EAST A DISTANCE OF 40.45 FEET;THENCE NORTH 52 DEGREES 08 MINUTES 21 SECONDS EAST A DISTANCE OF 55.70 FEET;THENCE NORTH 25 DEGREES 20 MINUTES 58 SECONDS EAST A DISTANCE OF 11.09 FEET;THENCE NORTH 52 DEGREES 08 MINUTES 21 SECONDS EAST A DISTANCE OF 110.14 FEET;THENCE NORTH 65 DEGREES 54 MINUTES 54 SECONDS EAST A DISTANCE OF 22.63 FEET TO A POINT ON CURVE ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF STARDUST DRIVE,SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING ARADIUS OF 770.00 FEET,ARADIALLINE PASSING THROUGH SAIDPOINTBEARSSOUTH46 DEGREES 53 MINUTES 44 SECONDS;THENCE SOUTHEASTERLY ALONGTHEARC OFSAID CURVE ANDSAID RIGHT OFWAY,THROUGH A CENTRAL ANGLE OF00 DEGREES 24 MINUTES 52 SECONDS AN ARC LENGTH OF 5.57 FEET TO THE NORTHEAST CORNER OFSAIDLOT 41;THENCE DEPARTING SAID STARDUST DRIVE SOUTH 26 DEGREES 15 MINUTES 18 SECONDS WEST ALONG SAID LOT LINE A DISTANCE OF38.76FEET;THENCE DEPARTING SAIDLOTLINE,SOUTH65 DEGREES 54 MINUTES 54 SECONDS WEST A DISTANCE OF 12.00 FEET;THENCE SOUTH 52 DEGREES 08 MINUTES 21 SECONDS WEST A DISTANCE OF 145.90 FEET; THENCE SOUTH 19 DEGREES 37 MINUTES 57 SECONDS WEST A DISTANCE OF 22.00 FEETTO THE SOUTHEASTERLY LINEOF SAID LOT41;THENCE SOUTH77 DEGREES 23 MINUTES 28 SECONDS WEST ALONG SAID LINE A DISTANCE OF 23.65 FEET TO THE POINT OF BEGINNING. LEGAL NUMBER 1006 GWN AMENDED 12-29-97;12-09-97 PAGE 1 OF 2