HomeMy WebLinkAboutRes 1998-69When recorded,return to:
"igineering Department
own of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
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RESOLUTION 1998-69
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA ABANDONING /RELEASING WHATEVER RIGHT,
TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN HILLSIDE
PROTECTION ON LOT 26,OF PLAT 515-AMENDED,FOUNTAIN HILLS,
ARIZONA,AS RECORDED IN BOOK 409 OF MAPS,PAGE 26,RECORDS OF
MARICOPA COUNTY,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 require the dedication of public
streets,sewer,water,drainage,hillside protection and other utility easements or
rights-of-way within any proposed subdivision;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
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1.That a portion of the certain hillside protection easement,located on Lot26,of
Plat 515-Amended,Fountain Hills,Arizona;as shown in Exhibit MA"and described in
Exhibit "B",as recorded in book 409 of maps,page 26 records of Maricopa County,
Arizona;is hereby declared to be abandoned/released by the Town of Fountain
Hills.
SECTION2.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 1998-69
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'ASSED AND ADOPTED this 17th day of December 1998.
ATTEST:FOR THEJOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
REVIEWED BY
Paul L.Nbrdin,Town Manager
APPROVED AS TO FORM:
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William E,Farrell,Town Attorney
Resolution 1998-69
Page 2 of 2
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When Recorded Return To:
Town Engineer
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
GRANT OF EASEMENT
Tony Woodrel,grantor,for good and valuable consideration,hereby grants to the
Town of Fountain Hills,Arizona,grantee,a municipal corporation,its successors
and assigns,a perpetual easement for the following purposes,namely:
Hillside Protection Easement
Final Plat 515-Amended,Lot 26
on,over,under and across the ground embraced within the aforementioned plat
as described in Exhibit "A"and as depicted in Exhibit "B",situated in the Town
of Fountain Hills,State of Arizona.
Grantor covenants that grantor is lawfully seized and possessed of this
aforementioned tract or parcel of land;that grantor has good and lawful right to
sell and convey it;and that grantor will warrant the title and quiet possession
thereto against the claim of any person whatsoever.
Datedthis /S dayof P^<^.1998.
Bv:/^^^/J/*
By:
STATE OF ARIZONA )
)§
County of Maricopa )
SUBSCRIBED AND SWORN TO BE before me this /S"^day
oiAk(U/r4^-*1998,by A*,u&tu /U Ae/i^eA
My Commission Expfegg
OFFICIAL SEAL
BEVELYN J.BENDER]
NOTARYPUBLIC-ARIZONA
MARICOPA COUNTY
Mycomm.expires Aug.28,1990
EXHIBIT "An
Hillside Protection Easement Dedication
FountainHillsFinalPlat 515-A,Lot 26
A part of Fountain Hills Final Plat 515-A,Lot 26asrecordedin Book 409,Page26,
Maricopa CountyRecords,MaricopaCounty,Arizona,more particularly describedas
follows:
BeginningattheSoutheastcorner of said Lot 26;
thenceNorth77 degrees 11 minutes42secondsWest,alongtheSouthline of said Lot26,
adistance of 8.89feettotheTruePoint of Beginning;
thencecontinuingNorth77degrees 11 minutes42secondsWest,alongsaidline of said
Lot 26,a distance of 53.11 feet to the intersection of saidline of said Lot 26 with the East
line of anexistingHillsideProtectionEasement;
thence departing saidline,North33degrees07minutes50secondsWest,alongtheEast
line of saideasement,adistance of 31.65 feettoapoint;
thence departing said line,South77degrees 11 minutes42secondsEast,parallel withthe
Southline of said Lot 26,adistance of 65.17 feettoapoint;
thence South 13 degrees05minutes00secondsEast,parallel withtheEastline of said
Lot26,adistance of 24.47feettothePoint of Beginning.
Containing1,301.59squarefeet,moreorless,subjecttoallexistingeasements.
IITJHEXHIBIT"B
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Hillside Protection Easement Dedication
Fountain Hills Arizona
Final Plat 515-A
Lot 26 JV 77'5o^.
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Lot 26
EXISTING HILLSIDE
PROTECTION EASEMENTS
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