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HomeMy WebLinkAboutRes 2023-03RESOLUTION 2023-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO A.R.S § 28-1901 ET. SEQ. ABANDONING ALL RIGHT, TITLE, OR INTEREST IT HAS, AND ESTABLISHING A PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT IN A PORTION OF RIGHT- OF-WAY FORMERLY STEWART VISTA AVENUE AND PAUL NORDIN PARKWAY, PREVIOUSLY CASCADE AVENUE, LOCATED WITHIN FOUNTAIN HILLS PLAT 208, AS RECORDED IN THE BOOK 144 OF MAPS, PAGE 04 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY RECITALS: WHEREAS, A.R.S § 28-1901 et seq. provides for the disposition of unnecessary public roads; and WHEREAS, The Town Council of the Town of Fountain Hills is the governing body of the Town. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the public right-of-way located within Plat 208, as recorded in Book 144, Page 04, Maricopa County Recorder Records as depicted in Exhibits A and B attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as a right-of-way. SECTION 2. That the Council determines this property can best be used to protect the public health, safety and welfare of the adjacent property owners and the citizens of the Town and therefore declares that the value of the property is de minimis and that no compensation is required from the adjacent property owners pursuant to A.R.S. § 28-1902.A.3 and § 28-1902.A.5. SECTION 3. That upon recordation of this resolution in the office of the Maricopa County Recorder, title to the northern 42' and southern 42' as depicted on Exhibit B shall vest in the owners of record of the adjacent properties as determined by the records of the Maricopa County Recorder on the day of recordation, subject to the easements retained. SECTION 4. That a public utility easement and drainage easement shall be established as depicted in Exhibits C and D. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 18 h day of April, 2023. FORTHE E,TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor ��/4.J& iTinda Mendenhall, Town Clerk REVIEWED B : APPROVED AS TO FORM: Rachael Goo n, Interim Town Manager Aaron D. Arson, Town Attorney Exhibit A RIGHT OF WAY ABANDONMENT (FORMERLY STEWART VISTA AVENUE, AND PAUL NORDIN PKWY, PREVIOUSLY CASCADE AVENUE) LEGAL DESCRIPTION That portion of Fountain Hills Arizona Final Plat No. 208, Book 144, Page 4 of the Records of Maricopa County, Arizona and situated in the southwest quarter of Section 15, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Verde River Drive and (formerly Stewart Vista Avenue, and Paul Nordin Parkway, previously Cascade Avenue); Thence, continuing south 20 degrees 38 minutes 08 seconds west a distance of 60.00 feet to a point on the southerly Right of Way of Paul Nordin Parkway and on the boundary of The Village at Towne Center Condominiums, Book 680, Page 32 MCR, said point being the POINT OF BEGINNING; Thence departing said southerly Right of Way of Paul Nordin Parkway along said Village at Towne Center boundary south 65 degrees 38 minutes 08 seconds west, a distance of 59.40 feet, to the easterly boundary of Town property (2003-0758862 MCR); Thence departing said Village at Towne Center boundary along said Town property boundary north 20 degrees 38 minutes 08 seconds east, a distance of 30.00 feet to a tangent curve being concave southwesterly and having a radius of 30.00 feet; Thence along the arc of said curve through a central angle of 90.00 degrees 00 minutes 00 seconds, an arc length of 47.12 feet; Thence along said Town property north 69 degrees 21 minutes 52 seconds west, a distance of 359.00 feet, to the easterly boundary of Town Civic Center property (1997- 0300068 MCR); Thence departing said Town property along said Town Civic Center property north 20 degrees 38 minutes 08 seconds east, a distance of 84.00 feet, to the southerly boundary of A Final Replat of Lot 1B, Block 2, Plat No. 208, Fountain Hills, Arizona, Book 1278, Page 31 MCR; Thence departing said Town Civic Center property along said Final Replat of Lot 1B, Block 2, Plat No. 208 south 69 degrees 21 minutes 52 seconds east, a distance of 359.00 feet to a tangent curve being concave northwesterly and having a radius of 30.00 feet; Thence along the arc of said curve through a central angle of 90.00 degrees 00 minutes 00 seconds, an arc length of 47.12 feet to a point on the westerly Right of Way of Verde River Drive; Thence along said Right of Way of Verde River Drive south 20 degrees 38 minutes 08 seconds west, a distance of 8.79 feet to a tangent curve being concave northwesterly and having a radius of 60.00 feet; Thence said Right of Way of Verde River Drive along the arc of said curve through a central angle of 32 degrees 00 minutes 00 seconds, an arc length of 33.29 to a point of reverse curve being concave easterly and having a radius of 60.00 feet; Thence along the arc of said curve through a central angle of 122 degrees 00 minutes 00 seconds, an arc length of 127.54 feet the POINT OF BEGINNING. This Right of Way Abandonment contains an area of 33,068.22 square feet or 0.76 acres more or less. TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ABANDONMENT EXHIBIT "B" A21-000003 FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 208, BOOK 144, PAGE 04 MCR 0 5 V U J op _J W zo a0 F o 0 o a) LL LL 0 z 00 S69'21'52"E --S20'38'08"W 210.46' S69'21'52"E S20'38'08"W-210.46' w oo� -coo n'° o� N - z 1V y— 0 40' BO' 57.00' 332.00' LOT 1B FINAL REPLAT OF BLOCK 2, PLAT NO. 208, FOUNTAIN HILLS, AZ BOOK 1278, PAGE 31 MCR FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 208, BOOK 144, PAGE 04 MCR 8 BOOK 615, PAGE 48 MCR, RIGHT-OF-WAY, (FORMERLY STEWART VISTA AVE, AND PAUL NORDIN PKWY, PREVIOUSLY CASCADE AVE). S6921'52"E-359.00' / N 69'21'52"W-359.00'(C) co co TOWN OF FOUNTAIN HILLS PROPERTY 2003-0047706 MCR 2003-0758862 MCR N69'21'52"W-333.40'(C) 54'%$ N20'38'08'E(C) 30.00'(C) SCALE: I. - BO' DATE 3-30-23 THE VILLAGE AT TOWNE CENTER BOOK 680, PAGE 32 MCR ABANDON RIGHT-OF-WAY, •r-1 ESTABLISH A PUBLIC UTILITY & DRAINAGE EASEMENT, (BY SEPARATE INSTRUMENT). S20'38'08"W-2 4 RIGHT OF WAY AREA: 33,068.22 SF CURVE DATA: O1 ,A=32'00'00-(C) R=60.00'(C) L=33.29'(C) O =60?00'(C)•(C) L=127.54 (C) 0 A=90'00.00-(c) R=30.00'(C) L=47.12'(C) ® A =90'00'00" R=30.00' L=47.12' LU PAUL NORDIN PKWY N6921'52"W POINT OF BEGINNING S6538'08"W(C) 59.401(C) (C) CALCULATED Exhibit C EASEMENT ACQUISITION (FORMERLY RIGHT OF WAY OF STEWART VISTA AVENUE, AND PAUL NORDIN PKWY, PREVIOUSLY CASCADE AVENUE) LEGAL DESCRIPTION That portion of Fountain Hills Arizona Final Plat No. 208, Book 144, Page 4 of the Records of Maricopa County, Arizona and situated in the southwest quarter of Section 15, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Verde River Drive and (formerly Stewart Vista Avenue, and Paul Nordin Parkway, previously Cascade Avenue); Thence, continuing south 20 degrees 38 minutes 08 seconds west a distance of 60.00 feet to a point on the southerly Right of Way of Paul Nordin Parkway and on the boundary of The Village at Towne Center Condominiums, Book 680, Page 32 MCR, said point being the POINT OF BEGINNING; Thence departing said southerly Right of Way of Paul Nordin Parkway along said Village at Towne Center boundary south 65 degrees 38 minutes 08 seconds west, a distance of 59.40 feet, to the easterly boundary of Town property (2003-0758862 MCR); Thence departing said Village at Towne Center boundary along said Town property boundary north 20 degrees 38 minutes 08 seconds east, a distance of 30.00 feet to a tangent curve being concave southwesterly and having a radius of 30.00 feet; Thence along the arc of said curve through a central angle of 90.00 degrees 00 minutes 00 seconds, an arc length of 47.12 feet; Thence along said Town property north 69 degrees 21 minutes 52 seconds west, a distance of 359.00 feet, to the easterly boundary of Town Civic Center property (1997- 0300068 MCR); Thence departing said Town property along said Town Civic Center property north 20 degrees 38 minutes 08 seconds east, a distance of 84.00 feet, to the southerly boundary of A Final Replat of Lot 1B, Block 2, Plat No. 208, Fountain Hills, Arizona, Book 1279, Page 31 MCR; Thence departing said Town Civic Center property along said Final Replat of Lot 1B, Block 2, Plat No. 208 south 69 degrees 21 minutes 52 seconds east, a distance of 359.00 feet to a tangent curve being concave northwesterly and having a radius of 30.00 feet; Thence along the arc of said curve through a central angle of 90.00 degrees 00 minutes 00 seconds, an arc length of 47.12 feet to a point on the westerly Right of Way of Verde River Drive; Thence along said Right of Way of Verde River Drive south 20 degrees 38 minutes 08 seconds west, a distance of 8.79 feet to a tangent curve being concave northwesterly and having a radius of 60.00 feet; Thence said Right of Way of Verde River Drive along the arc of said curve through a central angle of 32 degrees 00 minutes 00 seconds, an arc length of 33.29 to a point of reverse curve being concave easterly and having a radius of 60.00 feet; Thence along the arc of said curve through a central angle of 122 degrees 00 minutes 00 seconds, an arc length of 127.54 feet the POINT OF BEGINNING. This Easement contains an area of 33,068.22 square feet or 0.76 acres more or less. TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION EXHIBIT"D" A21-000003 FOUNTAIN HILLS ARIZONA FINAL PLAT NO, 208, BOOK 144, PAGE 04 MCR 0 5 U U —J J J co zo < O F 0 z O LLD S20'38'08"W-210.46' S69'21'52"E S69'21'52"E 332.00' -.—S20'38'08"W 210.46' LOT 1B FINAL REPLAT OF BLOCK 2, PLAT NO. 208, 57.00' FOUNTAIN HILLS, AZ BOOK 1278, PAGE 31 MCR FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 208, BOOK 144, PAGE 04 MCR & BOOK 615, PAGE 48 MCR, (FORMERLY RIGHT OF WAY OF STEWART VISTA AVE AND PAUL NORDIN PKWY, PREVIOUSLY CASCADE AVE). cc S69'21'52"E-359.00' O 40' N 6 9.21 ' 5 2" W - 359.00(C) TOWN OF FOUNTAIN HILLS PROPERTY 2003-0047706 MCR 2003-0758862 MCR N 6 9'21 ' 52" W - 3 33.40' (C ) N20'38'08"E(C) 30.00'(C) SCALE: 1' - 80' DAIS 3-30-23 THE VILLAGE AT TOWNE CENTER BOOK 680, PAGE 32 MCR 20'38'08"W-2 0 1771 ESTABLISH A PUBLIC UTILITY & DRAINAGE EASEMENT. EASEMENT AREA: 33,068.22 SF to CURVE DATA: O1 A=3Y00'o0'(C) R=60.00'(C) L=33.291C) O R=60?•(C) 00'(C) L-127.54 (C) O A=90'00'o0"(c) R=30.00'(C) L=47.12'(C) © A=90'00'0o' R=30.00' L=47.12' VERDE RIVER DR PAUL NORDIN PKWY N69'21'52"W POINT OF BEGINNING S65'38'08"W(C) 59.401(C) (C) CALCULATED