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Home My WebLink AboutRes 1998-04When Recorded Return to: Town of Fountain Hills Engineering Dept. PO Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1998-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWNOF FOUNTAIN HILLS,ARIZONA PURSUANT TOA.R.S.§28-1901 EJ. SEQ.ABANDONING ALLRIGHT,TITLE OR INTEREST IN PORTIONS OF CERTAIN PUBLIC RIGHTS-OF-WAYKNOWNAS(ORIGINAL)GOLDEN EAGLE BOULEVARD AND BAINBRIDGE AVENUE LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 505A AS RECORDED IN BOOK 158,PAGE 40 OFTHE RECORDS OFTHE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY. WHEREAS,A.R.S.§28-1901 et.sea.,provides for the disposition of unnecessary public roads; and WHEREAS,TheTown Council of the Town of Fountain Hills is the governing body of the Town; and NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona,as follows: SECTION 1.That portions of the (original)Golden Eagle Boulevard,located within Plat 505A,as recorded in Book 158,Page 40,Maricopa County Recorder Records as described in ExhibitA and as depicted inExhibitB attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as a right-of-way. SECTION 2.That the Council determines this property can best be used to protect the public health,safety and welfare of the adjacent property owners and the citizens of the Town and therefore declares that the value of the property is de minimis and that no compensation is required from the adjacent property owners pursuant to A.R.S.§ 28-1902.A.3 and §28-1902.A.5. SECTION 3.That upon recordation of this resolution in the office of the Maricopa County Recorder,title to (original)Golden Eagle Boulevard as described in Exhibit A and as depicted inExhibitB shall vest in the owners of record of the adjacent property as determined by the records of the Maricopa County Recorder on the day of recordation,subject to the easements retained. Resolution 1998-04 Page 1 of 2 TASS/FAIL WflON __ SEQOND LOlA^'i .skca-^-t1- COUNT . Qstxs^- ^U PASSED AND ADOPTED this 15th day of January,1998. FOR THE TOWN OF FOUNTAIN HILLS: JerolaKL MileSTMayor Paul L.ftordin Town Manager ATTEST: LjjlAAsl^^Ju JJm^L^J Cassie B.Hansen Town Clerk APPRQVEL>AS TO FOR William E.Farrell Town Attorney Resolution 1998-04 Page 2 of 2 EXHIBIT A LEGAL NUMBER 744 LEGAL DESCRIPTION FORTHE ABANDONMENT OFA PORTION OF(ORIGINAL)GOLDENEAGLE LBOULEVARD AS SHOWN ON FOUNTAIN HILLS ARIZONA FINAL PLAT NO.505-A,RECORDED IN feOOK 158,PAGE 40,M.C.R.,BETWEEN (NEW)GOLDEN EAGLE BOULEVARD AND BAINBRIDGE AVENUE Aportionofthe Northeast Quarter of Section9,Township 3North,Range6East of theGilaandSaltRiver BaseandMeridian,FountainHills,Maricopa County,Arizona,more particularly describedasfollows: CommencingatthecenterlineintersectionofGoldenEagleBoulevardandBainbridgeAvenuefromwhichthe Northeast comer of said Section 9bearsNorth32 degrees 29 minutes 05 seconds Easta distance of 1804.62 feet andtheEastQuarter comer ofsaidSection9bearsSouth41 degreesp6 minutes 18 secondsEastadistanceof 1482.45feet;thenceNorth87degrees33minutes03secondsEastalongthecenterlineofBainbridgeAvenuea distanceof297.14feet;thenceNorth02degrees26minutes57secondsWestadistanceof25.00feettoapoint onthenortherlyrightofwayof Bainbridge Avenue,saidpointbeingthe beginning ofanontangentcurve concavesoutherlyandhavingaradiusof325.00feet,aradialline passing throughsaidpointbearsNorth02 degrees26minutes59secondsWest;thenceeasterlyalongthearc of saidcurveandsaidAvenuethrougha centralangleof01degree27 minutes 21 seconds anarclength of 8.26feettothe POINT OF BEGINNING; thencontinuingonsaidcurvethroughacentralangleof44degrees52minutes08secondsanarclengthof 254.51feettoapointofcusp,saidpointbeingonthesoutherlylineofGoldenEagleEstatesasrecordedin Book366,Page 31 oftherecordsof Maricopa County;thencedeparting Bainbridge Avenue,North48degrees 25 minutes 00 seconds West along the southerly line of said Golden Eagle Estates a distance of 131.00 feetto the beginning of a tangent curve concave southwesterly and having a radius of 3692.00 feet;thence f northwesterly alongthearcofsaidcurvethroughacentralangleof03degrees25minutes00secondsanarc length of 220.16 feet;thence North 51 degrees 50 minutes 00 seconds West a distance of 280.00 feet to the beginning ofa tangent curve concave northeasterly and having a radius of 3608.00 feet;thencealongthearc of saidcurvethroughacentralangle of 03degrees25 minutes 00 seconds anarclength of 215.15 feet;thence North48degrees25 minutes 00 seconds Westadistanceof 41.31 feettoa point ofcusp,saidpointbeingona nontangentcurveconcave southwesterly andhavingaradiusof851.00feetsaidpointalsobeingonthe northerlyline of GoldenEagle Boulevard,aradialline passing through said point bears North49degrees55 minutes25secondsEast;thence departing saidGoldenEagle Estates,southerly alongthearcofsaidcurveand alongGoldenEagle Boulevard throughacentralangleof 17 degrees47 minutes 45secondsanarclength of 264.32feettoapointonanon tangent curveconcave northeasterly andhavingaradiusof3692.00feet,said pointbeingonthesoutherlyline of (original)GoldenEagle Boulevard,aradiallinepassingthroughsaidpoint bearsSouth38degrees19minutes14secondsWest;thence departing GoldenEagleBoulevard,southeasterly alongthearc of saidcurvethroughacentralangle of 00degrees09 minutes 15 seconds anarclength of 9.93 feet;thenceSouth 51 degrees50 minutes 00secondsEasta distance of 280.00 feettothe beginning ofatangent curveconcave southwesterly and having aradiusof 3608.00 feet;thencealongthearcofsaidcurvethrougha centralangleof01degree47 minutes 54secondsanarclengthof 113.25 feettothe POINT OFBEGINNING. parcelcontains1.1043acresmoreorless. c G:\LEGAL\LEGDESC.744 Street right-of-way abandonment sale excerpted from 12/26/95 maptitled "Golden Eagle Boulevard &Bainbridge Avenue Legals 731,732,733,734,and 744",by Anderson- Nelson(GeorgeNelson,AZ R.L.S.#10260)anddoesnotrepresentafieldsurvey. TOWN OF FOUNTAIN HILLS SALE OF RIGHT OF WAY EXHIBIT B LEGAL NUMBER 744