HomeMy WebLinkAboutRes 2002-46When recorded, return to:
Public Works Department
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2002 -46
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA PURSUANT TO ARIZ. REV. STAT. § 28 -7203
EXCHANGING PORTIONS OF VERDE RIVER DRIVE AS RECORDED IN
BOOK 144, PAGE 4 OF THE RECORDS OF THE MARICOPA COUNTY
RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY
FOR PUBLIC USE, FOR CERTAIN NEARBY REAL PROPERTY TO BE USED
FOR PUBLIC RIGHT -OF -WAY.
WHEREAS, ARtZ. REV. STAT. § 28 -7203 authorizes the Town of Fountain Hills (the "Town ") to
exchange unnecessary public roads with the owner of abutting property for all or pan of a
new right -of -way; and
WHEREAS, the Town Council had determined that a portion of Verde River Drive is no longer
necessary for public use and should be exchanged for a nearby parcel of land of equal size
to the portion of Verde River Drive to be abandoned; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, AS FOLLOWS:
SECTION 1. That the portion of Verde River Drive between Stewart Vista Avenue and El Lago
Boulevard located in Plat 208 between Parcel 1 and Parcel 8 as recorded in Book 144, Page
4, Maricopa County Recorder Records, as more particularly described and depicted in
Fxhihit A attached hereto and incorporated herein by reference (the "Town Exchange
Property "), is hereby declared to be no longer necessary for public use as right -of -way.
SECTION 2. That the Town Council hereby determines the Town Exchange Property can best be used to
further the public health, safety and welfare of citizens of the Town by exchanging it for an
identically -sized parcel of land nearby, as depicted in Exhibit R attached hereto and
incorporated herein by reference (the "Private Exchange Property ").
SECTION 3. That upon recordation of this resolution in the office of the Maricopa County Recorder,
title to the Town Exchange Property 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 and title to the Private Exchange Property shall vest in the Town.
Resolution 200246
Page 1 of 2
PASSED AND ADOPTED November 21, 2002.
FOR THE TOWN OF FOUNTAIN HILLS ATTEST:
o�_
Tim G. Pickering, CecD, Town Manager
9196.00IWetde DrimRes.doc
iI- 15.03 -1
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
'/�- I -At( /-,--
Andrew J. Mc uire, Town Attorney
Resolution 200246
Page 2 of 2
Exhibit A
LEGAL DESCRIPTION
FOR
VERDE RIVER DRIVE ABANDONMENT
Being a portion of Fountain Hills. Arizona Plat No. 208 as recorded in Book 144 of maps. Page 4
Maricopa County Records and a portion of the east half of Section 15, Township 3 North, Range 6
East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows:
Commencing at the centerline intersection of El Lago Boulevard and Verde River Drive per said
plat:
Thence north 20 degrees 38 minutes 08 seconds along the centerline of said Verde River Drive, a
distance of 42.00 feet to the POINT OF BEGINNING:
Thence north 69 degrees 21 minutes 52 seconds west. a distance of 72.00 feet. to the beginning of
a non - tangent curve being concave northwesterly and having a radius of 30.00 feet, a radial line
passing through said point bears north 20 degrees 38 minutes 08 seconds east:
Thence easterly along the arc of said curve, through a central angle of 90 degrees 00 minutes 00
seconds, an arc length of 47.12 feet, to a point on the westerly right -of -way line of Verde River
Drive as shown on said Fountain Hills. Arizona Final Plat No. 208;
Thence north 20 degrees 38 minutes 08 seconds east, along the westerly right -of -way line of said
Verde River Drive, a distance of 444.00 feet;
Thence departing said right -of -way line of Verde River Drive, north 65 degrees 38 minutes 08
seconds east. a distance of 59.40 feet to a point of curvature for a non - tangent curve, concave
northerly and having a radius of 60.00 feet, a radial line passing through said point bears north
20 degrees 38 minutes 08 seconds east, said point being on the centerline of said Verde River
Drive;
Thence easterly along the arc of said curve, through a central angle of 31 degrees 47 minutes 23
seconds. an arc length of 33.29 feet to a point of reverse curve concave southerly, having a radius
of 60.00 feet, a radial line passing through said point bears south 11 degrees 09 minutes 09
seconds east:
Thence easterly along the arc of said curve. through a central angle of 31 degrees 47 minutes 23
seconds, an arc length of 33.29 feet:
Thence south 69 degrees 21 minutes 52 seconds east, a distance of 8.79 feet to the point of
curvature for a non - tangent curve, concave southeasterly, having a radius of 30.00 feet, a radial
line passing through said point bears south 20 degrees 38 minutes 08 seconds west: said point
being on the southerly right -of -way line of Stewart Vista Avenue as shown on said Fountain Hills,
Arizona Final Plat No. 208:
Thence departing said right -of -way line of Stewart Vista Avenue, westerly along the arc of said
curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 47.12 feet to
a point on the easterly right -of -way line of Verde River Drive as shown on Fountain Hills, Arizona
Final Plat No. 208:
Verde Riper [hi,.c Abandonmcadoc Page 1 of 2
Thence south 20 degrees 38 minutes 08 seconds west, along said easterly right -of -way line of
Verde River Drive, a distance of 474.00 feet to the beginning of a tangent curve, concave
northeasterly, having a radius of 30.00 feet;
Thence departing said right -of -way line of Verde River Drive southerly along the arc of said curve.
through a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 47.12 feet, said
point being on the northerly right -of -way line of El Lago Boulevard, as shown on said Fountain
Hills, Arizona Final Plat No. 208;
Thence north 69 degrees 21 minutes 52 seconds west, a distance of 72.00 feet to the POINT OF
BEGINNING;
The above described parcel contains 43,229.24 square feet or 0.992 acres more or less.
Verde River Drive Abandonmcni.doc Page 2 of 2
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TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES, INC.
PLAT 208 LAND TRANSFER
PROPOSED LAND ACQUISITION=
MCO TO TOWN
AREA 43229.25 SF Q� /
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VERDE RIVER DRIVE
/ RIGHT -OF -WAY
/ TO BE ABANDONED
AREA: 43229.24 SF
0 75' 150' 300' \ e0
SCALE: 1" =150'
DATE: 11 -14 -2002 r
MAP BASED ON FOUNTAIN HILLS ARIZONA,
FINAL PLAT 208, BOOK 144, PACE 4