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Home My WebLink AboutRes 2019-02 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER Town of Fountain Hills I STEPHEN RICHER 16705 E. Avenue of the Fountains I 20210890894, 8/17/2021, 4:47 Fountain Hills, AZ 85268 RES201902-6-1-1--,N Development Services Department I ELECTRONIC RECORDING RESOLUTION NO. 2019-02 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN PORTION OF THE EL LAGO BOULEVARD SERVICE ROAD RIGHT-OF-WAY AND ADJACENT "NO VEHICULAR ACCESS" RESTRICTION, EXCEPT FOR VARIOUS EASEMENTS RETAINED, BOTH LYING ADJACENT TO LOT 1 OF THE FINAL RE-PLAT OF FOUNTAIN VIEW, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 398 OF MAPS, PAGE 35, AND AS ORIGINALLY DEDICATED IN PLAT 207, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 147 OF MAPS, PAGE 6 DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT J�yTAINy 1Y 14,�hat - op.`D RESOLUTION NO. 2019-02 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN PORTION OF THE EL LAGO BOULEVARD SERVICE ROAD RIGHT-OF-WAY AND ADJACENT "NO VEHICULAR ACCESS" RESTRICTION, EXCEPT FOR VARIOUS EASEMENTS RETAINED, BOTH LYING ADJACENT TO LOT 1 OF THE FINAL RE-PLAT OF FOUNTAIN VIEW, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 398 OF MAPS, PAGE 35, AND AS ORIGINALLY DEDICATED IN PLAT 207, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 147 OF MAPS, PAGE 6 RECITALS: 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 utility companies affected by the proposed abandonment have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. That the certain portion of the El Lago Boulevard Service Road right-of-way and adjacent "no vehicular access" restriction, both lying adjacent to Lot 1 of the Final Re-Plat of Fountain View, as recorded in the Office of the County Recorder of Maricopa County, Arizona, recorded in Book 398 of Maps, Page 35, and as originally dedicated in Plat 207, as recorded in the Office of the County Recorder of Maricopa County, Arizona, recorded in Book 147 of Maps, Page 6, and as more particularly described in Exhibit A, are hereby declared to be abandoned, except for various easements retained as depicted in Exhibit B. SECTION 2. That the value of said property is hereby found and declared to be de minimis. SECTION 3. That Resolution 1994-68, with stipulations, which is unrecorded, is hereby rescinded and superseded by this Resolution. RESOLUTION 2019-02 PAGE 2 SECTION 4. 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. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 18th day of June, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginn' Dickey, ayor izabet . Burke, ToivreJerk REVIEWED BY: APPROVED AS TO FORM: Olt) . Grady E. Mi er, T n Manager Aarorl6.Arnson, Town Attorney PREPARED FOR: BY: SPK El Logo Apartments DATE: JAN., 2019 JOB NO. 21131 TOWN OF FOUNTAIN HILLS RIGHT OF WAY ABANDONMENT EXHIBIT A-- LEGEND N `ss. �, (M) MEASURED N W COR. D� � ` L q (R) RECORD OFLOT1 �\ O8 POINT OF S69?S6,g?, 04/e Vqr BEGINNING 2Sd,, -s2•-, Q� Scale: , �, ,\ .>6 ea J 1»=80' � \ ��SQ3 , � te , -k ' h , Q / 2 ,4Oco ,,. .. < ,; k �1s ,66, , iA a 2 �O �o ory .. Q 4Q C6 v 0:0 Q VP L3 `LN C� 4 LOT 1 a FINAL REPLA T OF FOUNTAIN VIEW )0 BOOK 398 OF MAPS, PAGE 35, MCR l 30' R/W C3 04 -9 6'° c194/0 4aff-4 494-4 N66o C /4) .0,3 41//C/s sap 4.sea, , '�Y 0 'Icej' ,th � ///'r6/5 SEE SHEET 2 FOR LINE AND CURVE DATA Keogh Engineering, Inc. CHECKED BY: DFK SHEET NO 1 T .. ., •• 650 N. 137TH AVENUE 110 • GOODYEAR ARIZONA 85338 •� PHON (623) 535-7260 DATE: JAN., 2019 OF 2 EMAIL: keoghOkeoghengineering.com Plot Date / Time: 01/30/19 11:09am Layout Name: Sheet 1 AutoCad Version: 16.0 Full File Path: L:\21131\RW Abandonment\RWA-1.dwg Login Nome: WHITE PREPARED FOR: BY: SPK El Logo Apartments DATE: JAN., 2019 JOB NO. 21131 TOWN OF FOUNTAIN HILLS RIGHT OF WAY ABANDONMENT EXHIBIT R/W AREA LEGEND 11,875 S.F. (M) MEASURED LINE TABLE (R) RECORD LINE BEARING LENGTH Li N20'37'02"E(M) 40.00'(M)� L2 S20'37'02"W(M) 40.00'(M) L3 S20'37'02"W(M) 14.53'(M) N20'38'08"E(R) 14.53'(R) L4 N 12'21'06"W(M) 35. 72'(M) N 12 20'00"W(R) 35.72'(R) CURVE TABLE CURVE RADIUS LENGTH DELTA C 1 20.00'(M) 31.42'(M) 90'00'00"(M) C2 380.00'(M) 109.65'(M) 16'31'56"(M) C3 20.00'(R&M) 12.79'(R&M) 36'38'23"(R&M) C4 45.00'(M) 107.35'(M) 136'41'07"(M) 45.00'(R) 107.36'(R) 136'41'52"(R) C5 350.00'(M) 16.50'(M) 2'42'01"(M) 350.00'(R) 16.50'(R) 2'42'04"(R) C6 20.00'(R&M) 31.42'(R&M) 90'00'00"(R&M) NOTES V#�,6Q``F`�+T 'K `, 1. EASEMENT FOR PUBLIC UTILITY, DRAINAGE, SIDEWALK, LANDSCAPE, AND NON-BUILDING EASEMENT SHALL BE �, l 10846 RETAINED WITHIN THE ABANDONED RIGHT OF WAY BY DENNIS FRANK THIS ABANDONMENT MAP. KEO �'• = 2. THE NON-VEHICULAR ACCESS EASEMENT AS SHOWN ON "20N. k) „ THE FINAL PLAT OF FOUNTAIN VIEW SHALL BE 7*/)/ 16 ABANDONED BY THIS ABANDONMENT MAP. Keogh Engineering, Inc. CHECKED BY: DFK SHEET NO 2 •• . •• 650 N. 137TH AVENUE 110 • GOODYEAR, ARIZONA 85338 PHON : (623) 535-726o DATE: JAN., 2019 OF 2 EMAIL: keogh@keoghengineering.com Plot Dote /Time: 01/29/19 12:53pm Layout Name: Sheet 2 AutoCad Version: 16.0 Full File Path: L:\21131\RW Abandonment\RWA-1.dwg Login Nome: WHITE eyHiaT k‘ bil f- KEOG H KEOGH ENGINEERING, INC. 650 N. 137TH AVENUE#110 I~\. ENGINEERING,, INC GOODYEAR, ARIZONA 85338 (623)535-7260 Consulting Engineers I Land Surveyors KEOGH@KEOGHENGINEERING.0 a , LA �F-��NF%CAre ,pL ti 0 76- v 10848 o p LEGAL DESCRIPTION DENNIS FRANK 73 EL LAGO APARTMENTS o KE9GN OUR JOB NO 21131 g ,t 0 l 70 20 NOVEMBER 2018 izo u s 40' RIGHT OF WAY AND NON-VEHICULAR ACCESS EASEMENT ABANDONMENT-PUBLIC UTILITY DRAINAGE, SIDEWALK, LANDSCAPE AND NON-BUILDING EASEMENT TO BE RETAINED A PORTION OF FINAL REPLAT OF FOUNTAIN VIEW ACCORDING TO THE PLAT OF RECORD IN BOOK 398 OF MAPS, PAGE 35, RECORDS OF MARICOPA COUNTY, ARIZONA BEING SITUATED IN A PORTION OF THE SOUTHEAST QUARTER 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: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 20°37'02" EAST,A DISTANCE OF 40.00 FEET; THENCE SOUTH 69°22'58"EAST(MEASURED) SOUTH 69°21'52"EAST(RECORD),A DISTANCE OF 276.88 FEET TO A POINT OF A CUR VE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 20°37'02" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET(RECORD AND MEASURED) AND WHOSE CENTER BEARS NORTH 69°22'58" WEST(MEASURED)NORTH 69°21'52" W(RECORD)FROM THE LAST DESCRIBED POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00" (RECORD AND MEASURED), AN ARC LENGTH OF 31.42 (RECORD AND MEASURED) FEET TO A POINT OF TANGENCY; THENCE NORTH 69°22'58" WEST(MEASURED)NORTH 69°21'52" WEST(RECORD),A DISTANCE OF 276.88 FEET TO THE POINT OF BEGINNING. SAID RIGHT OF WAY CONTAINS 11,875 SQUARE FEET