HomeMy WebLinkAboutRes 2009-10RESOLUTION 2009 -10
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE PORTION OF THE CROSS ACCESS EASEMENT LYING
WITHIN PARCEL 2 OF THE FINAL PLAT OF EAGLES NEST, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 580 OF MAPS, PAGE 25
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 THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1, That the portion of the certain Cross Access Easement, originally recorded as 98-
0727173 MCR, which is located within Parcel 2 of the Final Plat of Eagles Nest , Fountain Hills, as recorded
the Office of the County Recorder of Maricopa County, Arizona, Book 580 of Maps, Page 25, and as more
particularly depicted in Exhibit A and described in Exhibit B, both attached hereto and incorporated herein
by reference, is hereby declared to be abandoned by the Town.
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.
2009. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 5,
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
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PROPOSED
LOT 189
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PROPOSED
LOT 188 pRpppL Vwu
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N. S.
/ CURVE DELTA RADIUS ARC CHORD
/ Cl 32'30'39" 240.00 136.18 S42'57'28 "W 134.36
C2 32'30'39" 160.00 90.79 S42'5728 "W 89.57
S11IG EAGLES NEST, PARCEL 2
ACCESS EASEMENT ABANDONMENT
SURVEY INNOVATION FOUNTAIN HILLS, ARIZONA
GROUP, INC
Ph (480) 922 0780 Land Surveying Services Fx (480) 922 0781
16414 N. 91 st STREET, STE #102, SCOTTSDALE, AZ 85260
JOB $2064 DWG: ACCESS- ESM T- ABAND DATE:12 /02/08
SCALE: N.T.S. DRAWN: RMH CHK: JAS SHEET: 1 )F I
O
PROPOSED
4
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PROPOSED
LOT 192
0O2
LOT 191
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PROPOSED
/
v LOT 190
LINE TABLE
/
LINE
BEARING
LENGTH
/
Ll
N39'20'53 "W
119.11
/
L2
N39'20'53 "W
66.48
POINT OF BEGINNING
L3
N29'28'32 "E
"W
185.35
L4
N48'45'10
29.15
L5
N26'42'09 "E
48.62
/
/
L6
N59'1 2'48 "E
265.88
POINT OF COMMENCEMENT
L7
S30'47'1 2 "E
80.00
/
L8
S59'1 2'48 "W
265.88
/
L9
S26'42'09 "W
268.06
/
CURVE TABLE
/ CURVE DELTA RADIUS ARC CHORD
/ Cl 32'30'39" 240.00 136.18 S42'57'28 "W 134.36
C2 32'30'39" 160.00 90.79 S42'5728 "W 89.57
S11IG EAGLES NEST, PARCEL 2
ACCESS EASEMENT ABANDONMENT
SURVEY INNOVATION FOUNTAIN HILLS, ARIZONA
GROUP, INC
Ph (480) 922 0780 Land Surveying Services Fx (480) 922 0781
16414 N. 91 st STREET, STE #102, SCOTTSDALE, AZ 85260
JOB $2064 DWG: ACCESS- ESM T- ABAND DATE:12 /02/08
SCALE: N.T.S. DRAWN: RMH CHK: JAS SHEET: 1 )F I
t.xKterr a
EAGLES NEST, PARCEL 2
ACCESS EASEMENT ABANDONMENI
FOUNTAIN HILLS, ARIZONA
DECEMBER 2, 2008
Job No. 2064
Page 1 of 1
AN ABANDONMENT OF A PORTION OF THE CROSS ACCESS EASEMENT AS DESCRIBED IN
DOCUMENT NO. 1998-0727173, RECORDS OF MARICOPA COUNTY, ARIZONA, OVER A
PORTION OF EAGLES NEST PARCEL 2, AS RECORDED IN BOOK 580 OF MAPS, PAGE 25,
RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN SECTIONS 5 AND 6, TOWNSHIP 3
NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERN MOST SOUTHWEST CORNER OF SAID PARCEL 2;
THENCE NORTH 39 DEGREES 20 MINUTES 53 SECONDS WEST, ALONG THE WESTERLY
LINE OF SAID PARCEL 2, A DISTANCE OF 119.11 FEET TO THE POINT OF BEGINNING OF THE
EASEMENT ABANDONMENT HEREIN DESCRIBED;
THENCE NORTH 39 DEGREES 20 MINUTES 53 SECONDS WEST, CONTINUING ALONG THE
WESTERLY LINE OF SAID PARCEL 2, A DISTANCE OF 66.48 FEET;
THENCE NORTH 29 DEGREES 28 MINUTES 32 SECONDS EAST, ALONG THE WESTERLY LINE
OF SAID PARCEL 2, A DISTANCE OF 185.35 FEET;
THENCE NORTH 48 DEGREES 45 MINUTES 10 SECONDS WEST, ALONG THE WESTERLY
LINE OF SAID PARCEL 2, A DISTANCE OF 29.15 FEET;
THENCE NORTH 26 DEGREES 42 MINUTES 09 SECONDS EAST, LEAVING SAID WESTERLY
LINE OF PARCEL 2, A DISTANCE OF 48.62 FEET TO A POINT OF CURVE TO THE RIGHT
HAVING A RADIUS OF 240.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 32 DEGREES 30 MINUTES 39 SECONDS, A DISTANCE OF 136.18 FEET;
THENCE NORTH 59 DEGREES 12 MINUTES 48 SECONDS EAST, A DISTANCE OF 265.88 FEET;
THENCE SOUTH 30 DEGREES 47 MINUTES 12 SECONDS EAST, A DISTANCE OF 80.00 FEET;
THENCE SOUTH 59 DEGREES 12 MINUTES 48 SECONDS WEST, A DISTANCE OF 265.88 FEET
TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 160.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 32 DEGREES 30 MINUTES 39 SECONDS, A DISTANCE OF 90.79 FEET;
THENCE SOUTH 26 DEGREES 42 MINUTES 09 SECONDS WEST, A DISTANCE OF 268.06 FEET
TO THE POINT OF BEGINNING OF THE EASEMENT ABANDONMENT HEREIN DESCRIBED.
Survey Innovation Group, Inc. 16414 N. 91" Street, Suite 102, Scottsdale, AZ 85260
H:Uobs1200212002.064 EAGLES NEMPARCEL200MLEGAMACCESS ESMT ABANDONMENT.doc