HomeMy WebLinkAboutRes 2005-49 RESOLUTION 2005-49
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
DRAINAGE EASEMENT LOCATED WITHIN THE LOT IN FIREROCK
COUNTRY CLUB PARCEL G, LOT 6, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 503 OF MAPS, PAGE 41 RECORDS OF MARICOPA
COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council"), as the governing body of real property located in the Town of Fountain Hills (the
"Town"), may require the dedication of public streets, sewer, water, drainage, and other utility
easements or rights-of-way within any proposed subdivision; and
WHEREAS, the Town Council 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 present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
kw THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That portions of the certain twenty foot (20') drainage easement, located on
Firerock Country Club Parcel G, Lot 6, Fountain Hills, as recorded in Book 503 of Maps, Page 41
records of Maricopa County, and as more particularly depicted in Exhibit A and described in
Exhibit B, attached hereto and incorporated herein by reference, are hereby declared to be
abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage
runoff. The property owner is required to pass the developed flows generated by the upstream lots
across their property.
SECTION 2. 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 there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
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E:\Abandonments\EA05-18 Res.2005-49.doc
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
September 15, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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4, W ichols, Mayor Bevelyn J. P n , Town Clerk
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REVIEWED APP VED AS TO FORM:
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Timoth G. Pickering,Town er Andrew J. McGuire, Town Attorney
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E:\Abandonments\EA05-18 Res.2005-49.doc
When recorded, please return to: I
Town of Fountain Hills I
P. O. Box 17958 I
Fountain Hills, AZ 85269 I
I
Attn: Engineering Department I
I
CAPTION HEADING:
RELEASE OF DRAINAGE EASEMENT
RDE2005-
Fernando R. Iacona
With Exhibits
This is part of the official document.
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Copies Routed To:
❑ Administration
❑ Engineering
❑ Community Development
❑ Parks &Recreation
❑ Magistrate Court
❑ Marshals Department
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EXHIBIT 'A'
RELEASE OF DRAINAGE EASEMENT
FIREROCK PARCEL G LOT 6 ey
LEGEND �,VG'
•
D.E. DRAINAGE EASEMENT \ � S.b
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•ti1�/' RELEASED k ,/109
/- AREA = :06
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/" N14'19'12" E ^\ i iN '4
S 07 49 2» W
�. 42.94' A 1 56.63'
�,;o., N 47'26'38" E �� i I
30.33' ./ S:40'24'21" W
37.19
`\\•s ,�'/ POINT OF
':9- �i p// BEGINNING '
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sc DAVID R. ' i.r)
MONTGOMERY: i) ``\'- ,¢1�+ ;n
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signed '/ POINT OF
COMMENCEMENT
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EXHIBIT"B"
Release of Drainage Easement
Firerock Parcel G Lot 6
A part of Firerock Parcel G Lot 6 as recorded in Book 503, Page 41, Maricopa County Records,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Southeast corner of said Lot 6;
thence North 61 degrees 51 minutes 33 seconds West, along a South line of said Lot 6, a distance
of 144.69 feet to the point of intersection of said line with a West line of an existing Drainage
Easement;
' thence departing said line of said Lot 6,North 30 degrees 14 minutes 43 seconds East, along said
line of said Easement, a distance of 100.82 feet to a point;
thence North 47 degrees 26 minutes 38 seconds East, along a West line of said Easement, a
distance of 30.33 feet to the POINT OF BEGINNING;
thenceNorth 14 degrees 19 minutes 12 seconds East, along a West line of said Easement, a
distance of 42.94 feet to a point;
thence North 26 degrees 20 minutes 24 seconds East, along a West line of said Easement, a
distance of 47.78 feet to a point;
thence departing said line, South 07 degrees 49 minutes 42 seconds West, a distance of 56.63
feet to a point;
thence South 40 degrees 24 minutes 21 seconds West, a distance of 37.19 feet to the POINT OF
BEGINNING.
Containing 780.64 square feet, more or less, subject to all existing easements.
21549
, a DAD R.MONTGOMERY
When recorded, please return to: I
I
Town of Fountain Hills I
P. O. Box 17958 I
Fountain Hills, AZ 85269 I
I
Attn: Engineering Department I
I
CAPTION HEADING:
GRANT OF DRAINAGE EASEMENT
2005-
Fernando R. Iacona
With Exhibits
This is part of the official document.
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Copies Routed To:
❑ Administration
❑ Engineering
❑ Community Development
❑ Parks&Recreation
❑ Magistrate Court
❑ Marshals Department
When Recorded Return To:
Public Works De pa r+menI-
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
GRANT OF EASEMENT
Fernando R. Iacona, 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 upon, across, over and under all those areas on Final Plat of Firerock Parcel G Lot 6 as
graphically depicted in Exhibit "A" and as legally described in Exhibit "B", as 'Drainage
Easement" for the purpose of allowing runoff to flow unimpeded across said easement. The
owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any
construction; or cutting, filling, grading to the topography without prior Town approval.
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 the c of any person whatsoever.
Dated this � 2--- day of ,2005.
By:
Fernando R Tacona
STATE OF ARIZONA )
) §
County of Maricopa )
SUBSCRIBED AND SWO�TO BE before me this /�� day of -7 ,2005
by FT€rvZiv1ok /4 e o'/"l, .
blic
My Commission Expires:
`e'c, 7 ,2,17 , y,,',rr�;, JOSEPH AMAYA
- h Notary Public-Arizona 1
'T ' Maricopa County ri
- ' My Commission Expires
4 rifitv December 7, 2007 0
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EXHIBIT 'A'
GRANT OF DRAINAGE EASEMENT
FIREROCK PARCEL G LOT 6 ey
LEGEND \--o
D.E. DRAINAGE EASEMENT \
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/--RELEASED D.E. AREA -
/ ,/
0�", "F-/" (BY SEPARATE DOCUMENT) ,
N. EASEMENT =tip
/ AREA —�/� S 07'49'42" W
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N 14'19'12" E / 59.24'
ma's,, 46.79' ,a
\so. K
`say N 47'26'38" E ,/ S 39'34'28" W
\• - 33.25' r 39.59
\, / /// ; POINT OF
t-� / I BEGINNING
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Qtpessi� 'V 6', / /:D" i W
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, DAVID R. Ai51 :n
MONTGOMERY: ` 23 6\ j Z
/
s�^°° .' POINT OF
R" 'Io,„A. '5' C011 ENCEMENT
EXHIBIT"B"
Grant of Drainage Easement
Firerock Parcel G Lot 6
A part of Firerock Parcel G Lot 6 as recorded in Book 503, Page 41, Maricopa County Records,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the Southeast corner of said Lot 6;
thence North 61 degrees 51 minutes 33 seconds West, along a South line of said Lot 6, a distance
of 124.68 feet to the point of intersection of said line with the East line of an existing Drainage
Easement;
thence departing said line of said Lot 6, North 30 degrees 14 minutes 43 seconds East, along said
line of said Easement, a distance of 97.06 feet to a point;
thence North 47 degrees 26 minutes 38 seconds East, along an East line of said easement, a
distance of 33.25 feet to the POINT OF BEGINNING;
thence North 14 degrees 19 minutes 12 seconds East along an East line of said easement, a
distance of 46.79 feet to a point;
thence North 26 degrees 20 minutes 24 seconds East along an East line of said easement, a
distance of 48.95 feet to a point;
thence departing said easement line, South 07 degrees 49 minutes 42 seconds West, a distance of
59.24 feet to a point;
thence South 39 degrees 34 minutes 28 seconds West, a distance of 39.59 feet to the POINT OF
BEGINNING.
Containing 855.45 square feet, more or less, subject to all existing easements.
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MONTGOMERY
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When recorded, please return to: I
Town of Fountain Hills I
P. O. Box 17958 I
Fountain Hills, AZ 85269 I
I
Attn: Engineering Department I
I
CAPTION HEADING:
GRANT OF HILLSIDE PROTECTION EASEMENT
HPE2005-
Fernando R. Iacona
With Exhibits
This is part of the official document.
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Copies Routed To:
❑ Administration
❑ Engineering
❑ Community Development
❑ Parks & Recreation
❑ Magistrate Court
❑ Marshals Department
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When Recorded Return To:
Community Development Director
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
GRANT OF EASEMENT
Fernando R. Iacona, 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 upon, across, over and under all those areas on Final Plat of Firerock Parcel G Lot 6 as
graphically depicted in Exhibit "A" and as legally described in Exhibit "B", as "Hillside Protection
Easement" for the purpose of preserving the natural topography and vegetation of land area. The
owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any
construction; or cutting, filling, grading to the topography; nor any grubbing, brushing, removal,
or otherwise damage any vegetation, rock outcropping, or other natural feature in the Hillside
Protection Easement area without prior Town Council approval. A trailway may be a permitted
use if approved by the Town Council and permitted, in writing, by the property owner.
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
iihre title and quiet possession thereto taint the claim of any person whatsoever.
Dated this (/7 _day of /be,AL ,2005.
_.--
Fernando R.Iacona
STATE OF ARIZONA )
) §
County of Maricopa )
SUBSCRIBED AND SWORN TO BE before me this /b day of (TAM-- ,2005
by /fl(7 1(& 4?.C'BTCGc
b c
My Commission Expires:
/V7,C e Il'gillimbila w r+"+ �r, JOSEPH AMAYA
h Notary Public-Arizona p
Maricopa County
My Commission Expires
trt D�ember 7,2007 •
. ..
. (4..,
EXHIBIT 'A'
HILLSIDE PROTECTION EASEMENT
FIREROCK PARCEL G LOT 6 1.
-II
e,. .
POINT OF
\ 1 .O
BEGINNING \\17 u j. .
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LEGEND N62 17'56”E , 4-r, <
H.P.E. HILLSIDE 12.74'
PROTECTION
EASEMENT 23.10'
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/ ...., .0
-61'
•00:A
--;K1c3 15.52'
„ c.„ ... cori.\
4 CDR) ...."'<:...:- —•
....
.•:•:-.:1 S1859'32”W
‘1111, rni.0•?!?.!.:'-"\\...:.oc_
R)1,..e!...y.:...14-3 s' S87'45'241/
----•1
41.27'
, . .....7.:714.e..... .. (..3 .. --••-i
........... ...-.1,\
N8536'09*W
45
\
08' .........N2'' '''12."W.:: -------IY.70* 85 • ••-------
••••••••••••••*''.:.:.:-''-:.:-:.::::--. (-5''/O'' • N .07'09nW .... .......
.:::•.:..:::::::•••--• --...
..... •---..-. ----
------- ---•.. ... . ...
-...• ..-...........-.- ::-------:-:•:•:----2:•.---1 S3457'26”W
::.................
. ::: -I 24.60'
.................
.. . ..................
\...-...-.•:-.-.-.......-.-.-.-.-.....-.-.-.-.-.....-.-.-...-.-...-.-...-.-.-.-.-.-................. .............-.-.•...-...-.....-.-.....-...-.-.1
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a c.) 21549 '9 co
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ct DAVID R.
MONTGOMERY: 'ci
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signed '
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---
EXHIBIT"B"
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Hillside Protection Easement
Firerock Parcel G Lot 6
A part of Firerock Parcel G Lot 6 as recorded in Book 503, Page 41, Maricopa County Records,
Maricopa County, Arizona, more particularly described as follows:
All of said Lot 6 except the following:
Beginning at the Northmost point of said Lot 6, said point being also the beginning of a curve
concave to the East,of which the radius point lies South 87 degrees 26 minutes 05 seconds East,
a radial distance of 44.00 feet, said curve being also a Northeasterly boundary of said Lot 6;
thence southeasterly along said curve and said boundary, through a central angle of 82 degrees
04 minutes 13 seconds, a distance of 63.03 feet to a point;
thence departing said boundary, South 18 degrees 59 minutes 32 seconds West, a distance of
41.27 feet to a point;
thence South 09 degrees 39 minutes 29 seconds West, a distance of 56.94 feet to a point;
thence South 34 degrees 57 minutes 26 seconds West, a distance of 24.60 feet to a point;
thence South 86 degrees 29 minutes 09 seconds West, a distance of 18.63 feet to a point;
thence North 85 degrees 07 minutes 09 seconds West, a distance of 46.28 feet to a point;
thence North 52 degrees 26 minutes 20 seconds West, a distance of 12.59 feet to a point;
thence North 85 degrees 36 minutes 09 seconds West, a distance of 12.40 feet to a point;
thence North 70 degrees 28 minutes 10 seconds West, a distance of 45.08 feet to a point;
thence North 29 degrees 36 minutes 12 seconds West, a distance of 21.17 feet to a point;
thence North 20 degrees 03 minutes 33 seconds East, a distance of 23.26 feet to a point;
thence North 52 degrees 22 minutes 43 seconds East, a distance of 35.71 feet to a point;
thence North 62 degrees 17 minutes 56 seconds East, a distance of 96.08 feet to a point;
thence South 87 degrees 45 minutes 24 seconds East, a distance of 15.52 feet to a point;
thence North 17 degrees 36 minutes 04 seconds West, a distance of 23.10 feet to a point on a
Northerly line of said Lot 6;
thence North 62 degrees 17 minutes 56 seconds East, along said line of said Lot 6, a distance of
12.74 feet to the POINT OF BEGINNING.
Containing 40,051.41 square feet, more or less, subject to all existing easements.
4
21549
DAVID R.
MONTGOMERY
Q, G-9-oS.
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