HomeMy WebLinkAboutRes 2002-13(Vhen recorded,return to:
^Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
RESOLUTION 2002-13
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS INA PORTION OF THE CERTAIN NON-VEHICULAR ACCESS
EASEMENT LOCATED ALONG THE NORTHERLY (SHEA BOULEVARD)LOT
LINEOF PARCEL 1 EAGLE MOUNTAIN TRACT C-3,FOUNTAIN HILLS,
ARIZONA,AS RECORDED IN BOOK 436 OF MAPS,PAGE 30,RECORDS OF
MARICOPA COUNTY,ARIZONA.
TheTown 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,and other utility easements or rights-of-way,
including no vehicular access easements,within any proposed subdivision;and
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
/HEREAS,The Town of Fountain Hills received notification of the proposed abandonment;
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 portions of the one foot (1)Non-Vehicular Access Easement,
located along the northerly (Shea Boulevard)property lotline of Parcel 1 Eagle
Mountain Tract C-3 as shown in Exhibits XXA"and WB"Fountain Hills,Arizona;as
recorded in book 436 of maps,page 30 records of Maricopa County,Arizona;is
hereby declared to be abandoned 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.
>ijp/Resolution 2002-13
Page 1 of 2
ASSED AND ADOPTED this 21st day ofMarch 2002.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
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Cassie B.Hansen,Town Clerk Sharon Morgan,Mayor
REVIEWED BY:APPROVED AS TO FORM:
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Roy Pederson Interim,Town Manager William E.Farrell,Town Attorney
-
C Resolution 2002-13
Page 2 of 2
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EXHIBIT "A"
LEGAL DESCRIPTION
SHEA BOULEVARD
1-FOOT VNAE ABANDONMENT
WEST DRIVEWAY
THAT PART OF PARCEL 1,ACCORDING TO THE FINAL PLAT FOR EAGLE MOUNTAIN
TRACT C-3,AS RECORDED IN BOOK 436,PAGE 30,MARICOPA COUNTY RECORDS,
MORE PARTICULARLY DESCRIBED FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1,SAID POINT BEING
ON THE SOUTH 200-FOOT RIGHT-OF-WAY LINE OF SHEA BOULEVARD;THENCE ALONG
SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 79°12'28"WEST 622.17 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 10°47'
32"EAST 1.00 FEET TO A POINT ON A LINE 1.00 FEET SOUTH OF AND PARALLEL
TO SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 79°12"28"WEST 32.05 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 10°47*32"WEST 1.00 FEET TO A
POINT ON SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE NORTH 79°12'28"
EAST 32.05 FEET TO THE TRUE POINT OF BEGINNING;
SAID PARCEL CONTAINS 32 SQUARE FEET OR 0.0007 ACRES,MORE OR LESS.
99564 !d2
EXHIBIT "A"
531E.Bethany HomeRoad,GardenSuite
Phoenix,Arizona 85012
99564x_esmt_west
WEST D/W OF EAGLE MOUNTAIN
VILLAGE MARKET PLACE
1-FOOT VNAE ABANDONMENT
01/02
EXHIBIT "B"
LEGAL DESCRIPTION
SHEA BOULEVARD
1-FOOT VNAE ABANDONMENT
EAST DRIVEWAY
THAT PART OF PARCEL 1 ACCORDING TO THE FINAL PLAT FOR EAGLE MOUNTAIN
TRACT C-3,AS RECORDED IN BOOK 436,PAGE 30,MARICOPA COUNTY RECORDS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1,SAID POINT BEING
ON THE SOUTH 200-FOOT RIGHT-OF-WAY LINE OF SHEA BOULEVARD;THENCE
ALONG SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 79°12'28"WEST 297.78
FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE SOUTH 10°47'
32"EAST 1.00 FEET TO A POINT ON A LINE 1.00 FEET SOUTH OF AND PARALLEL
TO SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 79°12'28"WEST 66.55 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 10°47'32"WEST 1.00 FEET TO A
POINT ON SAID SOUTH 200-FOOT RIGHT-OF-WAY LINE;
THENCE ALONG SAID 200-FOOT RIGHT-OF-WAY LINE NORTH 79°12"28"EAST
66.55 FEET TO THE TRUE POINT OF BEGINNING:
SAID PARCEL CONTAINS 67 SQUARE FEET OR 0.0015 ACRES,MORE OR LESS.
99564ld1
O
EXHIBIT "B"
JMA ENGINEERING CORPORATION
531E.Bethany HomeRoad,Garden Suite
Phoenix,Arizona 85012
99564x_esmt_east
EAST D/W OF EAGLE MOUNTAIN
VILLAGE MARKET PLACE
1-FOOT VNAE ABANDONMENT
01/02