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HomeMy WebLinkAboutRes 1999-45When recorded, return to: ;ommunity Development , rown of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 1999 -45 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN HILLSIDE PROTECTION EASEMENT AS DESCRIBED IN EXHIBIT "A" AND ACCEPTING THE DEDICATION OF 2,377.47 SQUARE FEET AS DESCRIBED IN EXHIBIT "B "OF 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 WHEREAS. All affected Town departments have received notification of the proposed abandonment /dedication; 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 hillside protection easement, located as shown in Exhibit A of Plat 515 Amended, Lot 26, Fountain Hills, Arizona; as recorded in book 409 of maps, page 26 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That the certain hillside protection easement, located as shown in Exhibit B of Plat 515 Amended, Lot 26, Fountain Hills, Arizona; to be recorded at Maricopa County, Arizona; are hereby declared to be dedicated to the Town of Fountain Hills. Resolution 1999 -45 Page 1 of 2 A98 AIL 4 —� MOTON ST?� 4t�h�ff §ttOND �11aw� „6UNT 6 PASSED AND ADOPTED this 2nd day of September 1999. "'ATTEST FOR THE TOWN OF FOUNTAIN HILLS Cassle B. Hansen, Town Clerk Aaron rgan, Mayor //1tVlt to "Y APPROVED AS TO FORM: 4PI L. in, own Manager William E. Farrell, Town Attorney IL Resolution 1999 -45 Page 2 of 2 Resolution 1999 -45 Exhibit "A.. "'soon ac 21549 Hillside Protection Easement Release DAVID R r MONTGOMERY Fountain Hills Final Plat 515 -A, Lot 26 A part of Fountain Hills Final Plat 515 -A, Lot 26 as recorded in Book 409, Page 26, and dockets 99- 0069104 and 99- , Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Parcel 1 Commencing at the Southwest corner of said Lot 26; Thence North 14 degrees 36 minutes 58 seconds East along the West line of said Lot 26 a distance of 57.03 feet to the True Point of Beginning; Thence North 14 degrees 36 minutes 58 seconds East along said line of said Lot 26 a distance of 8.00 feet to a point; Thence departing said line South 77 degrees 1 I minutes 42 seconds a distance of 26.01 feet to a point on the East line of an existing H.P.E.; Thence South 14 degrees 36 minutes 58 seconds West along said line a distance of 8.00 feet to a point; Thence departing said line North 77 degrees I 1 minutes 42 seconds West a distance of 26.01 feet to the True Point of Beginning. Containing 207.84 square feet, more or less, subject to all existing easements. Parcel Commencing at the Southwest corner of said Lot 26; Thence South 77 degrees 11 minutes 42 seconds East along the South line of said Lot 26 a distance of 45.50 feet to a point on the West line of an existing H.P.E.; Thence departing said South line of said Lot 26 North 15 degrees 04 minutes 55 seconds along said West line a distance of 57.04 feet to the True Point of Beginning; Thence North 15 degrees 04 minutes 55 seconds East along said West line of said existing H.P.E. a distance of 8.00 feet to a point on the North line of said existing H.P.E.; Thence South 77 degrees 11 minutes 42 seconds East along said North line a distance of 83.97 feet to a point on the East line of said existing H.P.E.; Thence South 33 degrees 07 minutes 50 seconds East along said East line a distance of 11.50 feet to a point; Thence North 77 degrees 1 I minutes 42 seconds West departing said East line a distance of 92.55 feet to the True Point of Beginning. - Containing 706.10 square feet, more or less, subject to all existing easements. Resolution 1999 -45 Exhibit "A" Hillside Protection Easement Release Fountain Hills Arizona Final Plat 515 -A Lot 26 1v 7*7 . 0 w J V 00/ d- L2 L4 o Lot 26 PARCEL 1 AREA TO BE RELEASED S 7 83.97) 1142 >> E ' ... At 708.95 IZ cr 0 o� PARCEL 2 EXISTING c.,3 4Z:;�s H.P.E. J �? 92.55) W 00 5 z LO S � j•7 4-, �> > -- 20.02' £ EXISTING HILLSIDE PROTECTION EASEMENT 0 s� 1 6' D 26121 ' LINE TABLE 50 35' W � �p�seelonq� P Q 8.00' N 1403658 E L2 a 21549 26.01 DAVID a. S 77'11'42" MONTGOMERY L3 f�v4.a . l 4Rf2ONA• �' �• Lot 26 PARCEL 1 AREA TO BE RELEASED S 7 83.97) 1142 >> E ' ... At 708.95 IZ cr 0 o� PARCEL 2 EXISTING c.,3 4Z:;�s H.P.E. J �? 92.55) W 00 5 z LO S � j•7 4-, �> > -- 20.02' £ EXISTING HILLSIDE PROTECTION EASEMENT 0 s� 1 6' D 26121 ' LINE TABLE L1 8.00' N 1403658 E L2 26.01 S 77'11'42" E L3 8.00 , S 14'36'58" W L4 26.01' N .77'11'42 W L5 11.50' S 33'07'50" E L6 8.00' N 15'04'55" E G Z O G 1� . Resolution 1999 -45 Exhibit "B" Hillside Protection Easement Dedication Fountain Hills Final Plat 515 -A, Lot 26 A part of Fountain Hills Final Plat 515 -A, Lot 26 as recorded in Book 409, Page 26, and dockets 99- 0069104 and 99- , Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Beginning at the Southeast corner of said Lot 26; thence North 77 degrees 11 minutes 42 seconds West, along the South line of said Lot 26, a distance of 8.89 feet to the True Point of Beginning; thence continuing North 77 degrees 11 minutes 42 seconds West, along said line. of said Lot 26, a distance of 53.11 feet to the intersection of said line of said Lot 26 with a line of an existing Hillside Protection Easement; thence departing said line, North 33 degrees 07 minutes 50 seconds West, along a line of said easement, a distance of 53.93 feet to a point; thence departing said line, South 77 degrees I 1 minutes 42 seconds East, parallel with the South line of said Lot 26, a distance of 73.66 feet to a point; thence South 13 degrees 05 minutes 00 seconds East, parallel with the East line of said Lot 26, a distance of 41.69 feet to the Point of Beginning. Containing 2,377.47 square feet, more or less, subject to all existing easements. Q� '.L----1 . I 21549 DAVID R MONTGOMERY . ? -o \?ORA. V' Resolution 1999 -45 Exhibit "B" Hillside Protection Easement Dedication Q salon Fountain Hills Arizona Ic Final Plat 515-A a MAD FL MONTGOMERY Lot 26 108-95 SR' *� �Oxa. , o � w `2 L 1 `s' 0 0 Lot 26 G � o CO EXISTING HILLSIDE �0 / PROTECTION EASEMENTS z 26.01 Q-i o � 9254 2 W Q .5 0 0 Z. 66' 25.48 �— �' A/ 7-;... . IL 42 20.02' W 26 7. H.P.E. AREA N77'11'42 "W 8.89