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HomeMy WebLinkAboutRes 1999-05TOWN OF FOUNTAIN HILLS ® RESOLUTION NO. 1999-05 A RESOLUTION OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, PROCLAIMING THE ESTABLISHMENT OF THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE WHEREAS, the McDowell Mountains are the most prominent scenic feature along the western border of the Town of Fountain Hills with landmark views, lush Sonoran desert vegetation, abundant wildlife, rock outcrops, and steeply carved hillsides and washes; and WHEREAS, Fountain Hills' residents have given their strong support to maintain this treasure for the enjoyment of all and for future generations to experience and enjoy; and WHEREAS, the McDowell Mountain Preservation Commission (FHMMPC) has defined a mission to follow a defined action plan that will preserve, protect, and maintain the beauty and heritage of the McDowell Mountains in perpetuity with provisions for appropriate public access and use as deemed desirable by the Commission and subsequent preserve management administration; and WHEREAS, the first phase of the Fountain Hills McDowell Mountain Preserve ( FHMMP), and future additions to this land, will preserve a significant conservation and open space resource, will maintain an appropriate areas of the preserve for natural habitat, and will provide for limited public access in appropriate locations; and NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1: That the Fountain Hills Town Council hereby establishes the Fountain Hills McDowell Mountain Preserve ( FHMMP), the first phase consisting of 386 acres of land owned by the Town, which area is more particularly described in EXHIBIT "A" and depicted in EXHIBIT `B" attached hereto and incorporated herein by reference. Section 2: That the Fountain Hills Town Council hereby intends that as additional land is acquired it will be added to the FHMMP. Section 3: That the following general guidelines shall apply to the operation of the FHMMP: • Overall the FHMMP shall be maintained exclusively as open space, with land, slope and vegetation conservation as its primary purpose with limited trail - oriented, non - motorized recreational opportunities. PASS/ AIL I —� CI I— I Resolution 1999 -05 ON owcr- Page 1 of 2 SECOND COUNT —� • The first phase and subsequent acquisitions of a preserve shall be managed by the Town until the completion and approval of a plan and recommendations for a preserve management organization. • The levels of access locations into the FHMMP shall be established within the management and maintenance plan for the preserve. • Additional and specific rules, regulations, and ordinances shall be prepared for public safety, and to govern the use and occupancy of public land under the supervision of the Town of Fountain Hills, and to insure that the FHMMP resources are protected. • In the future plan, the Town may consider including the FHMMP in an intergovernmental management plan. Section 4: That the FHMMP is hereby directed to prepare recommendations for consideration by the Town Council in carrying out its management responsibilities for the FHMMP. PASSED AND ADOPTED this 21 st day of January, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: Sharon Morgan, M or Cassie B. Hansen Town Clerk REVIE D BY: APPROVED AS TO FORM: f , aul . Nordin Wt liam E. Farrell Tow Manager Town Attorney Resolution 1999 -05 Page 2 of 2 The McDowell Mountain Preservation Commission (MMPC) recommends that the Town Council of Fountain Hills adopt a Preserve Management Plan for the new areas of open space recently acquired by the Town. This ownership of open space requires protection, and it is timely to provide proper guidance in management of the area. Your Commission studied many options of operation and management that could be included in a Management Plan. The recommended Plan outlines seven major components of management that are specifically suited to the uniqueness of our Fountain Hill Preserve. Approval of the concepts of this plan (i.e., Management under the supervision of the Community Development Director combined with Policy guidance from the Preservation Commission) would then allow the specific details of management responsibilities to develop with and through the other Town Departments when and as required. Detailed consideration of certain functions are also included in the appended material where the Commission wishes to illustrate specific areas for consideration. A Summary of Recommendations to be included in The Preserve Management Plan GENERAL MANAGEMENT RESPONSIBILITY - The Community Development Director shall be responsible for the implementation of management and maintenance of the Fountain Hills McDowell Mountain Preserve (FHMMP) POLICY DIRECTION - The FHMMP will provide all policy direction related to land usage and operations with the Preserve. STEWARDSHIP- Care of the Preserve shall be a joint responsibility of the Town and the Community. Stewardship awareness will be basic to the protection of the open space, and will be encouraged, and enhanced through a citizen Trail Marshall program. PLANS & RULES- Detailed plans and rules will be developed by the MMPC to cover the following: Security - to be maintained by the Town Trails & Trail Heads - Design and location of trail heads shall be sensitively compatible with desert surrounding and proximity to neighborhoods. Land Uses - For the most part the Preserve will be an undisturbed open space for the existence and natural growth of the habitat. An access route on a North -South alignment along the eastern side of the McDowell Mountains will be allowed. The plan does not include other activities within the Preserve with the exception of items listed below under Education. FIRE CONTROL - The Town shall recognize the Preserve specifically as part of the annual contract with Rural Metro. The Town is responsible for providing proper fire emergency access and maintenance of all trails leading to the protected open space. EDUCATION - Programs designed to foster the study and research of elements within the Preserve may be allowed under a system of specific permits. INTER - GOVERNMENTAL PLANNING - As the development of the McDowell Sonoran Preserve (MSP) progresses, there may be opportunity to consider a shared management plan that would unite the McDowell Mountain Regional Park, MSP, and the FHMMP. iqlobr�, 'IHH -:tip ;. q'i-i Od! to J44 lo '. Mort I V J f t�) in epr; n C) is�v--- 10 1v o o rl I emc I s v i ri r iv v- q s v s- rl j t bu 10 1 b e Ce f -I 2 8 1 Ul m C) jo� 12 :J1, ro r r i C) ]i e ro f -c,, 'C' 0 fl 7' 1/1 ;:i A I �i 3, 6 �C* Oct . I—Imm v I f'. 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T 9ri Oj f*-FiO--JavP. s isbnGul bsvl)oP.G eo T 14 1 tll A —1 C-74 A !A S i I 'A R.- ;s (1-.4'. :I*i Ci M N..", .-I 17• q EAGLE NEST \ EAGLE RIDGE NORTH 280 ACRE PARCEL A portion of Sections 5, 61 71 8 and 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: BEGINNING at a point on the westerly line of Fountain Hills, Arizona Final Plat No. 513 as recorded on December 6, 1994 in Book 387, Page 30 on the records of Maricopa County, said point being South 00 degrees 33 minutes 49 seconds West a distance of 1126.26 feet from the northwest corner of said plat, and said point being also South 04 degrees 02 minutes 42 seconds West a distance of 155.85 feet from the North Quarter Corner of said Section 8; thence South 00 degrees 33 minutes 49 seconds West along the westerly line of said Plat 513 a distance of 1143.09 feet; thence South 54 degrees 29 minutes 40 seconds West a distance of 132.08 feet; thence South 23 degrees 07 minutes 08 seconds West a distance of 326.77 feet to the northerly boundary of Sunridge Canyon; thence departing said Plat 513, North 52 degrees 42 minutes 47 seconds West along the boundary of Sunridge Canyon, a distance of 1380.05 feet; thence North 89 degrees 51 minutes 08 seconds West a distance of 1170.00 feet; thence South 47 degrees 05 minutes 38 seconds West a distance of 145.08 feet to the line between Sections 7 and 8; thence continuing, South 47 degrees 05 minutes 38 seconds West a distance of 819.92 feet; thence South 33 degrees 51 minutes 29 seconds East a distance of 1079.90 feet to the line between Sections 7 and 8; thence continuing, South 33 degrees 51 minutes 29 seconds East a distance of 0.60 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 443.00 feet; thence South 45 degrees 20 minutes 48 seconds East a distance of 1434.00 feet; thence South 85 degrees 56 minutes 43 seconds East a distance of 1413.50 feet; thence North 60 degrees 09 minutes 09 seconds East a distance of 351.50 feet; thence South 61 degrees 42 minutes 39 seconds East a distance of 517.00 feet; thence South 32 degrees 00 minutes 02 seconds East a distance of 990.50 feet; thence South 77 degrees 52 minutes 11 seconds East a distance of 475.50 feet; thence South 89 degrees 16 minutes 42 seconds East a distance of 160.00 feet; thence South 01 degrees 22 minutes 34 seconds East a distance of 420.00 feet; thence South 34 degrees 59 minutes 16 seconds West a distance of 440.27 feet to the line between Sections 8 and 17; thence continuing, South 34 degrees 59 minutes 16 seconds West a distance of 536.23 feet; thence South 43 degrees 24 minutes 28 seconds West a distance of 411.54 feet; thence departing the boundary of Sunridge Canyon, North 58 degrees 17 minutes 01 seconds West a distance of 1401.18 feet to the line between Sections 8 and 17; thence continuing, North 58 degrees 17 minutes 01 seconds West a distance of 3123.69 feet; thence North 30 degrees 59 minutes 00 Revised 1- 14 -97; Legal Number 962 12 -23 -96 Attachment "A" GWN Page 1 of 4 seconds West a distance of 195.04 feet to the line between Sections 7 and 8; thence continuing, North 30 degrees 59 minutes 00 seconds West a distance of 1965.71 feet; thence North 00 degrees 00 minutes 04 seconds West a distance of 1804.35 feet to the line between Sections 6 and 7; thence continuing North 00 degrees 00 minutes 04 seconds West a distance of 114.87 feet,thence North 89 degrees 59 minutes 34 seconds East a distance of 1008.31 feet to the line between Sections 5 and 6; thence continuing North 89 degrees 59 minutes 34 seconds East a distance of 1010.05 feet; thence South 50 degrees 14 minutes 46 seconds East a distance of 183.47 feet to the line between Sections 5 and 8; thence continuing South 50 degrees 14 minutes 46 seconds East a distance of 249.07 feet; thence South 90 degrees 00 minutes 00 seconds East a distance of 1280.19 feet to the POINT OF BEGINNING. EXCEPTING, Reservoir Site No. 5 and the access road to said site, described as follows: A portion of Section 8, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: BEGINNING at a point on the westerly line of Fountain Hills, Arizona Final Plat No. 513 as recorded on December 6, 1994 in Book 387, Page 30 on the records of Maricopa County, said point being South 00 degrees 33 minutes 49 seconds West a distance of 1951.51 feet from the northwest corner of said plat; thence South 00 degrees 33 minutes 49 seconds West along said westerly line, a distance of 45.35 feet; thence departing said line, South 62 degrees 27 minutes 54 seconds West a distance of 11.55 feet to the beginning of a tangent curve concave northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 48 degrees 00 minutes 29 seconds an arc length of 184.34 feet; thence North 69 degrees 31 minutes 37 seconds West a distance of 53.38 feet to the beginning of a tangent curve concave southerly and having a radius of 180.00 feet; thence along the arc of said curve through a central angel of 14 degrees 26 minutes 27 seconds an arc length of 45.37 feet; thence North 83 degrees 58 minutes 04 seconds West a distance of 217.62 feet to the beginning of a tangent curve concave southerly an having a radius of 80.00 feet; thence along the arc of said curve through a central angle of 17 degrees 27 minutes 58 seconds an arc length of 24.39 feet; thence South 78 degrees 33 minutes 58 seconds West a distance of 91.00 feet to the beginning of a tangent curve concave northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 12 degrees 09 minutes 12 seconds an arc length of 46.67 feet; thence North 89 degrees 16 minutes 50 seconds West a distance of 76.78 feet to the beginning of a tangent Revised 1- 14 -97; Legal Number 962 Attachment "All 12-23-96 GWN Page 2 of 4 curve concave northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 19 degrees 12 minutes 31 seconds an arc length of 73.76 feet; thence North 70 degrees 04 minutes 19 seconds West a distance of 99.51 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 90.00 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 150.71 feet to the northerly line of Sunridge Canyon; thence North 52 degrees 42 minutes 47 seconds along said amine a distance of 124.80 feet; thence departing said line, North 00 degrees 00 minutes 00 seconds West a distance of 174.40 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 250.00 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 117.45 feet; thence South 70 degrees 04 minutes 19 second East a distance of 114.01 feet to the beginning of a tangent curve concave northerly and having a radius of 180.00 feet; thence along the arc of said curve through a central angle of 19 degrees 12 minutes 31 seconds an arc length of 60.35 feet; thence South 89 degrees 16 minutes 50 seconds East a distance of 76.78 feet to the beginning of a tangent curve concave northerly and having a radius of 180.00 feet; thence along the arc of said curve through a central angle of 12 degrees 09 minutes 12 seconds an arc length of 38.18 feet; thence North 78 degrees 33 minutes 58 seconds East a distance of 91.00 feet to the beginning of a tangent curve concave southerly an having a radius of 120.00 feet; thence along the arc of said curve through a central angle of 17 degrees 27 minutes 58 seconds an arc length of 36.58 feet; thence South 83 degrees 58 minutes 04 seconds East a distance of 217.62 feet to the beginning of a tangent curve concave southerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angel of 14 degrees 26 minutes 27 seconds an arc length of 55.45 feet; thence South 69 degrees 31 minutes 37 seconds East a distance of 53.38 feet to the beginning of a tangent curve concave northerly and having a radius of 180.00 feet; thence along the arc of said curve through a central angle of 48 degrees 00 minutes 29 seconds an arc length of 150.82 feet; thence North 62 degrees 27 minutes 54 seconds East a distance of 32.91 feet to the POINT OF BEGINNING. This parcel contains a net area of 280.0011 acres more or less. Revised 1- 14 -97; Legal Number 962 12 -23 -96 GWN Page 3 of 4 Attachment "A" PROPOSED TOWN PRESERVATION PARCEL Q�' A parcel of land located in Section 6 and Section 7, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: BEGINNING at a point on the west line of said Section 6, said point being North 00 degrees 04 minutes 47 seconds West a distance of 947.52 feet from the Southwest Corner of said Section 6, thence departing said line, South 61 degrees 44 minutes 01 seconds East a distance of 1996.15 feet to a point on the line between said Section 6 and Section 7, said point being South 89 degrees 55 minutes 42 seconds West a distance of 860.19 from the Quarter, Corner between said Sections; thence departing said Section 6 and continuing South 61 degrees 44 minutes 01 seconds East a distance of 138.27 feet; thence South 24 degrees 52 minutes 43 seconds West a distance of 372.50 feet; thence South 75 degrees 46 minutes 56 seconds West a distance of 925.00 feet; thence South 42 degrees 52 minutes 00 seconds East a distance of 326.00 feet; thence North 39 degrees 00 minutes 00 seconds East a distance of 232.00 feet; thence South 26 degrees 20 minutes 00 seconds East a distance of 148.00,feet; thence South 77 degrees 47 minutes 44 seconds East a distance of 911.14 feet; thence North 59 degrees 09 minutes 00 seconds East a distance of 291.00 feet; thence North 86 degrees 04 minutes 30 seconds West a distance of 730.00 feet; thence North 05 degrees 07 minutes 00 seconds East a distance of 300.00 feet; thence North 68 degrees 53 minutes 00 seconds East a distance of 160.00 feet; thence North 34 degrees 02 minutes 00 seconds East a distance of 220.00 feet; thence North 21 degrees 00 minutes 00 seconds West a distance of 200.00 feet; thence North 78 degrees 15 minutes 00 seconds West a distance of 447.49 feet to a point on the line between said Section 6 and Section 7, said point being North 89 degrees 57 minutes 26 seconds East a distance of 299.66 feet from the Quarter Corner between said Sections; thence departing Section 7, North 43 degrees 10 minutes 00 seconds East a distance of 486.00 feet; thence North 87 degrees 59 minutes 00 seconds West a distance of 904.00 feet; thence South 81 degrees 35 minutes 00 seconds West a distance of 260.00 feet; thence North 60 degrees 18 minutes 00 seconds West a distance of 380.00 feet; thence North 08 degrees 30 minutes 00 seconds West a distance of 620.00 feet; thence South 39 degrees 38 minutes 00 seconds West a distance of 420.00 feet; thence North 72 degrees 32 minutes 00 seconds West a distance of 184.00 feet; thence North 15 degrees 25 minutes 00 seconds West a distance of 212.00 feet; thence South 77 degrees 12 minutes 00 seconds West a distance of 224.00 feet; thence North 01 degrees 03 minutes 00 seconds East a distance of 566.00 feet; thence North 76 degrees 50 minutes 00 seconds West a distance of 167.00 feet; thence North 22 degrees 11 minutes 07 seconds West a distance of 339.94 feet; thence North 34 degrees 34 minutes 20 Legal Number 911 Revised 12- 11 -96; 6 -13 -96 Attachment "A" GWN Page 1 of 3 seconds West a distance of 1022.00 feet; thence North 08 degrees 35 minutes 00 seconds West a distance of 146.00 feet; thence North 74 degrees 14 minutes 00 seconds East a distance of 370.00 feet; thence North 70 degrees 45 minutes 20 seconds West a distance of 724.07 feet to the westerly line of said Section 6; thence South 00 degrees 04 minutes 47 seconds East along said line, a distance of 2335.98 feet to the POINT OF BEGINNING. This parcel contains an area of 106.0000 acres more or less. Legal Number 911 Revised 12- 11 -96; 6 -13 -96 GWN Page 2 of 3 Attachment "A" ill 718 W �i NN ni RMFWGE CANYON 17 �'•• a -- -�` 'r.,�.j ANDERSON, .►'� . l3 r /pCM11R• x.02± �ec1x1N ua N 25 0-16' r....,iw..n•r � _ n w n F-1 CURVE TABLE PLAT 513 2mas Attachment "B' SCALE: I• . 800' goo loco SHORT COURS£ TABLE LINE RADIUS LENGTH TANG N LTA Cl 220.00 55.45 27.87 t 426 2 SO4-02'42 w I 80.00 24.39 12.29 t 27 58 L9 120.00 36.58 18.4 1 '2 5 217.6 • 18000 3.18 76.76 419 JR 180.00 60.35 30.45 1912 32 L21 160.00 45 3 22.80 14.26 91.00 220.00 18434 97.97 '00 2 55429 40 w 180.00 150.82 80.16 48'00 29 L29 220.00 3.76 37. I N69.31 7 w 53.18 20. 46.66 .4 12M9'11- 2mas Attachment "B' SCALE: I• . 800' goo loco SHORT COURS£ TABLE LINE DIRECTION DISTA%--E Ll S89'16 42 E 1 16C.00• L2 S47'05 A w 1 145.08 L3 SO4-02'42 w I 55.85 L4 N5227 54 E 1 3291' L9 S69'313 53.38 114 583 58'04-E 217.6 • 115 58916 50 E 76.76 419 S00b0 00 E 117.45 L20 570 'O4 19 E t t 4 01 L21 N70.041 w 99 51 124 S78.33 5e w 91.00 U-5 -0-81-31ar 91.00 6 55429 40 w 132, L28 5622 54 w 11.55 L29 I S00. 3 49 w 72.49 L32 I N69.31 7 w 53.18 L33 I N5916 50 w 76.78 4 I 5231) 08 w 326.7 35 so0-o0 oo w 90750 L39 N63'S8 W w 217.62 L41 N005000 w --74'.40 42 S 2'4 48 L43 N52'42 47 w L44 N90.00 00 45 N90'00 w M124.50 L46 590.33 49 w L47 •5129 L48 54324 28 w 49 N "39 w 195.04 L50 N 04 w 114.8 L51 14 46 15.3.47" 5 4 249,07 �2�.•94• crm e+oraz+o - LAW VAVWTM OMMULTANTs 4"1 CAST rWOML ROW. wawa AL 90006 (004 srs•- I LW � MALW.M Cmr (90O 764 -"n - FMWAIN Kua (002) 937 -9332 LEGAL NO. 962 REVISED - o� st• �v�1oNS 11o+4�ecs Na olvt E MMOG a Rf]M� n + i mom fT Ooam K II m ww K %Q, _ SHT. d OF A - 41nm s 3_ c —�-- — — a ,zs•ct►s 3.ct,bo.00s EC�sr � �`� �'p�, � •'000 � O 2 m O CA m rn ��1�5. o, ► ,o,�O� N01'03'00 "E `3994 ~f 566.00' 0 Ns 2 rn " cr, v v c (A o0 w -4 c N W p Ol• N cs -A 0 0 r Os Opp � O (-+� v AA CD 0 fnl 00 0 Ol O � O ooh �r 0 2 C s,� a� w roll- 1. s� • r1 m N y I • Ir !I Alm N05*07'00OLr rn _2 r • 300.00' "= e-P► m a Q"a �� �p�Zi� Z - W OCA 00 t o O 80 r*i INai A na "A pr M70k rx r Wn. 14;ecrj� Ov 04 -,I