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HomeMy WebLinkAboutRes 1990-08RESOLUTION NO. 1990 -8 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE MAYOR AND CLERK TO ACCEPT DEEDS TO CERTAIN PARCELS OF REAL PROPERTY LOCATED IN FOUNTAIN HILLS, ARIZONA, AND DIRECTING THE RECORDATION IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, OF SAID DEEDS AND THIS RESOLUTION OF ACCEPTANCE. WHEREAS, A.R.S. § 9- 241.A. provides that a municipal corporation may purchase, receive, hold, lease, and convey prop- erty, real and personal, necessary or proper to carry out the purposes of the municipal corporation, within or without its limits; and, WHEREAS, Pratt Properties, Inc. by agreement and deeds dated April 16, 1979, May 14, 1979, November 29, 1979 and December 13, 1979 transferred title to two parcels of real prop- erty to the Fountain Hills Civic Association; and, WHEREAS, said deeds provide for the transfer of all right, title, and interest to said property to the governing body of the newly incorporated municipality of Fountain Hills; and, WHEREAS, the Town of Fountain Hills was incorporated by act of the Maricopa County Board of Supervisors in December, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Mayor and Town Clerk are hereby authorized and directed to accept and receive on behalf of the Town of Fountain Hills, a municipal corporation of the State of Arizona, deeds to two parcels of real property described on Exhibits A and B attached hereto and incorporated herein as if fully set forth from the Fountain Hills Civic Association. RES002WEFA -S FL2021690 Section 2. That upon receipt of said deeds that the Town Clerk is hereby authorized and directed to record said deeds along with a certified copy of this Resolution of Acceptance in the Office of the County Recorder of Maricopa County, Arizona. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 15th day of February, 1990. John M. ,AN L Mayor ATTEST: bzoo 6. /J&' o . Cassie B. Hansen Town Clerk APPROVED AS TO FORM: " l Wi liam E. Farrel Town Attorney -2- REVISED BY: Michael Ji)feNult Town Man4ger FOUNTAIN HILLS, ARIZONA LEGAL DESCRIPTION CIVIC CENTER All that certain parcel of land in the County of Maricooa, State of Arizona, being a portion of Section 15, Township 3 North, Range 6 East, of the Gila b Salt River Base and Meridian, more particularly described as follows: Commencinr at the Northeast corner of said Section 15; thence S.59056'05 "W, 3,235.07 feet to a point being on the Southwesterly right -of -way line of a road more commonly known as Avenue of the Fountains, said point also being the TRUE POInT OF BEGINNING; thence along said right -of -way line S.69 021'52 "E., 670.01 feet to the beginning of a curve being concave to the Southwest and having a radius of 100.00 feet; thence along said curve through a central angle of 40032109" and an arc length of 70.75 feet to a point of reverse curve being concave to the Northeast and having a radius of 100.00 feet, a radial line passing through said point bears S.E1010'17 "W.; thence along said curve through a central angle of 40 °32'09" and an arc length of 70.75 feet to a point of reverse curve being concave to the Southwest and having a radius of 50.00 f I, a radial line passing through said point bears N.20038108 11E.; thence along said curve through a central angle of 90 °00'00" and an arc length of 78.54 feet to a point beino on the Westerly right -of -way line of a road more commonly known as Westby Drive; thence along said right -of -way line 5.20038108 "W., 323.00 feet to the beginning of a curve being concave to the West and having a radius of 558.00 feet; thence along said curve through a central angle of 18056112" and an arc length of 184.42 feet; tnence S.39034120 "W., 248.01 feet to the beginning of a curve being concave to the North and having a radius of 50.00 feet; thence along said curve through a central angle of 90000100" and an arc length of 78.54 feet to a point being on the Northeasterly right - of -way line of a road more commonly known as E1 lago Drive; thence along said right -of -way line N.50025140 "W., 706.71 feet to the beginning of a curve being concave to the Southwest and having a radius of 1,042.00 feet; thence along said curve through a central angle of 03044'22" and an arc length of 68.01 feet to a point of reverse curve being concave to the East and having a radius of 50.00 feet, a radial line passing through said point bears S.35049'58 "W.; thence along said curve through a central angle of 85 010'02" and an arc length of 74.32 feet to a point being on the Easterly right -of- way line of a road more commonly known as Mary Munde Drive; thence-along said right -of -way line N.31000'00 "E., 148.64 feet to the beginning of a curve being concave to the Northwest and having a radius of 1,042.00 feet; thence along said curve through a central angle of 10021152" and an arc length of 188.49 feet; EXHIBIT "A" L. N. 218 R. G. E.: j i e 11/2/78 Paqe 1 of 2 ^t. 1120'` 02 thence N.20038108 "E., 177.52 feet to the beginning of a curve being con- cave to the South and having a radius of 50.00 fSet; thence along said curve through a central angle of 90 00100" and an arc length of 78.54 feet to the TRUE POINT OF BEGINNING: Containing an area of 15.37 acres. Excepting all gas, coal and minerals whatsoever, already found or which may hereafter be found in or under said land. Excepting therefrom all underground water in, under or flowing through said land and water rights appurtenant thereto. Subject to all taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, cor.4itions, restrictions, obligations and liabilities as may appear of record. DEC 3L 1979.114 STATE Of ARIZONA t ss LuWltj vi 110110i'a f 1 het" Celt -ly Oil the with- in ins.r, :•en.:ras Wed and to- WON at re4uest of in cook 14124 oil gage W tness m•! -pan a J. Sell 11-e -'a aw ,ear aroresard. T,rin „y County Recorder By Ue�t;t� .c . ,.rde: l_.N.218 R. G. E.: j 1 e 11/2/78 Pagp 2 of 2 I on Lots i and =, Block s, fountain ills, Arisona,•rinai, Plat Number 302, according to Book 156 of Maps qe OS, records of Maricopa County, 1►risonai rt, M2.,•,1,95 EXCEPT all minerals as reserved in patent from United States of Americas and : EXCEPT all gas, oil,'coal and minerals whatsoever already found or which may hereafter be found in or under said lands and EXCEPT all underground water in, under or through - said land and water rights appurtenant theretos acid SUBJECT TOt Taxes and assessments collectible by the County Treasurer, not yet due and payable for the year 1979. Taxes and assessments collectible by the County Treasurer for the second half of the year 1978. The Right of Entry to prospect -fore mine and remove all minerals in said land, as reserved in Patent to said land, as limited by Public Law 87 -754 of the 87th Congress (76 Stat. 750) withdrawing said land from entry, a copy of which is re- corded in Docket 6286, page 61. L:sbilities and obligations imposed upon said land by reason of its inclusion within the following named Districts: Fountain Hills Sanitary District Fountain Hills Special Road District Number 9 McDowell Mountain Irrigation and Drainage District Fountain Hills Volunteer Fire District Covenants concerning Special Road Districts as set forth in Agreement recorded in Docket 8578, page 707. Covenants concerning Flood Control District as not forth in Agreement recorded in Docket 8814, page 545. Easement and rights incident there..o, as set forth in instrument recorded in Docket 9213, page 469, for television cable service. Easements as shown on the recorded plat of said subdivision. Restrictions, conditions, covenants and reservations of easements, omitting, if any, from the above, any restrictions based on race, color, religion or national origin contained in instrument recorded in Docket 10716, page 731, which instrument incorporates by reference therein, restrictions contained in instrument recorded in Docket 68210 page 72. EXHIBIT "B" i i i r t