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Home My WebLink AboutRes 1996-23c C When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1996-23 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ACCEPTING FROM FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT #98 ALLRIGHT,TITLE AND INTEREST THEY POSSESS IN CERTAIN REAL PROPERTY LOCATED IN FOUNTAIN HILLS,ARIZONA. WHEREAS,TheTown Council of the Town of Fountain Hills,as the governing body of real property located in the Town of Fountain Hills,may acquire property within the corporate limits of the Town of Fountain Hills;and WHEREAS,TheTown Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement,deed, subdivision,plat or other lawful means;and 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 the Common Council of the Town of Fountain Hills, Arizona accepts by deed any and all interest possessed by Fountain Hills Unified School District #98 in the real property as more fully described and depicted in "Exhibit A"and "B"attached hereto. SECTION 2.That upon presentation of proper documentation reviewed by the Town Attorney and certified by the Town Engineer,the Mayor and Town Clerk are hereby authorized and directed to accept the deed for the real property and are instructed to record the Special Warranty Deed of March 25,1996 and a copy of this Resolution in the Office of the Maricopa County Recorder for notice to the world as acceptance by the Town of Fountain Hills of this property. Resolution 1996-23 Page 1 of 2 (passJfail t -L/-9 jo iQ'Mca^D-f-fMOTION SECOND COUNT L?_Z Lv ti LcULOr-t-T\a_ OJAi-tliLA.K- c PASSED AND ADOPTED this 4th day of April,1996. FOR THfcTOWNJDEPQIJNTAIN HILLS:ATTEST: John^/I.Cutillo,Mayor ^aul L.Kjordin Town Manager Cassie B.Hansen Town Clerk APPROVED AS TO FORM Resolution 1996-23 Page 2 of 2 William E.Farrel Town Attorney tzr When Recorded Return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 SPECIAL WARRANTY DEED (Fountain Hills Unified School District #98) For the consideration of Ten Dollars ($10.00)and other valuable considerations, FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT #98 ("Grantor"),hereby conveys tothe Townof Fountain Hills,("Grantee"),the following real property situated in Maricopa County, Arizona (the "Property"): See Exhibit "A"and"B"attached hereto and incorporated herein bythis reference. EXCEPT alloil,gases and other hydrocarbon substances,coal,stone,metals, minerals,fossils,and fertilizers of every name and description,together withall uranium,thorium,orany other material which isor may be determined tobe peculiarly essential tothe production of fissionable materials,whether ornot of C commercial value;and EXCEPT all underground water in,under or flowing through the Property and water rights appurtenant thereto;and SUBJECT toall taxes and other assessments,reservations in patents orall easement, covenants,conditions,restrictions,reservations,rights and rights of way,obligations and liabilities asmay appear of record,andtoall Federal,State,County,District andlocallaws, ordinances,regulations,zoning codes andthelikeasthe same now exist andasmaybe hereafter established or amended. Grantor hereby waives,releases and relinquishes all surface rightstothe Property, including without limitation therights of ingress and egress on,to,over andacrossthe Property forthepurposeoftesting,drilling,mining,removing,producing,storing,treatingortransporting anyoftheabove excepted substances,bypipelineor otherwise,ortheperformanceofanymining operations,removal of earth,orforany other purposes.Provided,however,nothingherein contained shallbe construed as waiving,releasing or relinquishing any right,titleor interest of Grantor inandtothe above excepted substances inand under andthatmaybe produced from the property. Grantor herebybinds itself andits successors to warrant anddefendthetitleasagainst allactsof Grantor herein andnone other,subject tothe matters above setforth. • C Dated this VitL day of ThiXxcL"<s ,1996. FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT #98 Bv:[JJnmO (J, Its:•SUWAi/JTC..^f)itJ STATE OF ARIZONA County of Maricopa )ss. ) j SUBSCRIBEDANDSWORNTOBEbeforemethis £5T dayof \T\Cuv^ 1996,by IjjALJEP,gf.JHJaJ/J? My Commission Expires: OFFICIAL SEAL;i /€*^fc^«ft PATRICIA ANN SPENCER s'%,Vl&l/NOTARY PUBLIC-ARIZONA P*?'Ay Maricopa county^S0 My sofflm.expires Feb.26,1998 , Qk\ Notary Public EXHIBIT A DESCRIPTION FOR - RIGHT-OF-WAY DEDICATION (FOUNTAIN HILLS HIGH SCHOOL) A PORTION OF SECTIONS 9 AND 10,TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,FOUNTAIN HILLS ARIZONA DESCRIBED AS FOLLOWS: COMMENCING AT A POINT BEING COMMON TO FOUNTAIN HILLS ARIZONAFINAL PLAT NO.212 AS RECORDED IN BOOK 141,PAGE 17 AND FOUNTAIN HILLS ARIZONA,FINAL PLAT NO.Ill AS RECORDED IN BOOK 150 PAGE 12 OF THE OFFICIAL RECORDS OF MARICOPA COUNTY,ARIZONA SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF GLENBROOK AVENUE,BEING 70.00 FEET IN WIDTH,NOW KNOWN AS HAMPSTEAD DRIVE- THENCE SOUTH 18°20»00"WEST,AND DEPARTING FROM SAID PLAT 212 AND CONTINUING ALONG THE BOUNDARY OF SAID PLAT 111 AND SAID RIGHT-OF- WAY,20.38 FEET (ORIGINALLY RECORDED AS 20.00 FEET)TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUSS OF1035.00FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°02'00"AN ARC DISTANCE OF 127 05 FEET- THENCE SOUTH 11°18'00"WEST,340.65 FEET TO THE BEGINNING OF A NON- (TANGENT CURVE BEING CONCAVE NORTHWESTERLY AND HAVE A RADIUS OF w 465.00 FEET; A RADIAL LINE PASSING THROUGH,SAID POINT BEARS SOUTH 78°40'04"EAST- THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21035'31w AN ARC DISTANCE OF 175.24 FEET; A RADIAL LINE PASSING THROUGH,SAID POINT BEARS SOUTH 57°04'33"EAST (CURVE ORIGINALLY RECORDED AS CENTRAL ANGLE OF 21°38'27"AND AN ARC DISTANCE OF 175.62 FEET); THENCE SOUTH 32°56'22"WEST,AND DEPARTING FROM PLAT BOUNDARY 36.22 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°54'16"AN ARC DISTANCE OF 30 34 FEET TO A POINT OF REVERSE CURVE,A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 29°50'38"EAST,SAID CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1255.00 FEET; THENCE NORTHWESTERLY WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 57°47'ir AN ARC DISTANCE OF 1265.75 FEET TO A POINT OF REVERSE CURVE A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 27°56'33"WEST SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 20 00-' THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE (_THROUGH A CENTRAL ANGLE OF 87°24'52"AN ARC DISTANCE OF 30.51 FEET- c THENCE NORTH 30°31'41"WEST,202.91 FEET TO THE BEGINNING OF A J^o nnEcNICURVE BEING C0NCAVE EASTERLY AND HAVING A RADIUS OFj4y.U(J FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTRAL bSSg8'09"^^DISTANCE °F 10191 FEET T0 THE POINT OF T^CE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH ACENTRA!ANGLE OF 24'31W AN ARC LENGTH OF 234.93 TO APOINT OF^TANGeS STATUS™°4°37'35"^ADISTANCE °F 283'63 FEE"0 ATOINfoF THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE WEST HAVTNr A S ofSSS ACENTRAL ANG"°F 03°43'™A^™°A THENCE SOUTH 63°35'51"EAST A DISTANCE OF 52 31 FEET- ™lvA?S;TH °4°18'07"WEST ADISTANCE °F 314-66 FE*T T0 AP0INT 0F THENCE SOUTHERLY AND SOUTHWESTERLY ALONG A NON-TANGFNT CTTPVPCONCAVETOTHEEAST,HAVING ARADIUS OF 555 29 FEET jtSSj^ANGLE OF 22°30'53"AND AN ARC LENGTH OF 21 \2t^FEET ANDTSmAlBEARINGOFSOUTH86°48"06"EAST-^DIAL S?SSUTH 70°°6,28"WEST AD'ISTANCE 0F 5L29 FE£T TO THE POINT OF CONTAINING 27,087 S.F.OR 0.6218 ACRES OF LAND,MORE OR LESS. PREPARED BY: O'NEILL ENGINEERING,INC. 2001 WESTCAMELBACKROAD SUITE 200 PHOENIX,AZ 85015 JOB NO.2775.1 C:\2775-1\LEGAL.001 FEBRUARY 6,1996 REVISED FEBRUARY 21,1996 REVISED FEBRUARY 28,1996 IXHlfill B RIGHT-OF-WAY DEDICATION TO THE TOWN OF FOUNTAIN HILLS,ARIZONA N 04*3/35"E-283.83 Q01DEN EAGLe/bl^: NORTH 100 200 Feet l-03#43'58' R=851.00 L-55.44 S 63*35'51"E-52.31 REVISED JOB 12775.1 O'NEILL ENGINEERING,INC. 2001 WMt Comafeook Rood SUIto 200 Phoenix,Arizona 85015 (802)242-0020