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Home My WebLink AboutRes 1996-24When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1996-24 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,The Town 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,The Town 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 "Exhibits 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 1996-24 Page 1 of 2 MOTION LOi4 5i ^kol^-f SECOND )\J4ftJj(-fs COUNT lfl-1 (Xju^Y-cJ^f* L PASSED AND ADOPTED this 4th day of April,1996. FOR THE JOWN OF FOUNTAIN HILLS:ATTEST: (/KMa_a "Jj I^UavjU^ Johnijfl.Cutillo,Mayor }aul L.Nordin Town Manager Cassie B.Hansen Town Clerk APPROVED AS TO FORM: William E.Farrell Town Attorney Resolution 1996-24 Page 2 of 2 Vtjr^i,/ Ntgjgii/ Xijfc,,/ 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 HILLSUNIFIED SCHOOL DISTRICT #98("Grantor"),herebyconveystothe TownofFountainHills,("Grantee"),thefollowingrealpropertysituatedinMaricopaCounty, Arizona (the "Property"): See Exhibit "A"and"B"attached heretoand incorporated hereinbythis reference. EXCEPT alloil,gases and other hydrocarbon substances,coal,stone,metals, minerals,fossils,and fertilizers of every nameand description,together withall uranium,thorium,orany other materialwhichisormaybe determined tobe peculiarly essential tothe production of fissionable materials,whether ornot of commercial value;and EXCEPTall underground waterin,underorflowingthroughthePropertyand water rights appurtenant thereto;and SUBJECT toalltaxesand other assessments,reservations in patents orall easement, covenants,conditions,restrictions,reservations,rightsandrightsofway,obligations and liabilities asmay appear of record,andtoall Federal,State,County,District andlocallaws, ordinances,regulations,zoning codes andthelikeasthesamenow exist andasmaybe hereafter established or amended. Grantorherebywaives,releasesandrelinquishesallsurfacerightstotheProperty, including without limitation therightsof ingress and egress on,to,overandacrosstheProperty forthepurposeoftesting,drilling,mining,removing,producing,storing,treatingortransporting any of theabove excepted substances,by pipeline or otherwise,orthe performance of any mining operations,removal of earth,orforany other purposes.Provided,however,nothing herein 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 hereby binds itself andits successors to warrant and defend thetitleas against allacts of Grantor herein and none other,subject tothe matters above setforth. c % Dated this 35H.dily of %\iL>.1996. FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT #98 By:a/Am Ia AWD&L Its:SQPtfL iNjEMLSti-f STATE OF ARIZONA ) )ss. County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this SlSizi^day of (X\(XvJlL, 1996,by UlMlML d'DllfJME . My Commission Expires: OFFICIAL SEAL PATRICIA ANN SPENCER NOTARY PUBLIC-ARIZONA MARICOPA COUNTY My comm.expires Feb.26,1998 IV Notary Public Xfcjj^Si/ Njjas^ EXHIBIT A DESCRIPTION FOR RIGHT-OF-WAY DEDICATION (MCDOWELLMOUNTAIN ELEMENTARY SCHOOL) BEING A PORTION OFSECTION10,TOWNSHIP 3 NORTH,RANGE 6 EAST OFTHE GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA. COMMENCING ATA POINT ON THE SOUTHERLY RIGHT-OF-WAY LINEOF GLENBROOK AVENUE,SAID POINT BEINGTHEMOST NORTHERLY POINTOF FINAL PLAT III,BOOK NO.150,PAGE12,OFFICIAL RECORDS,MARICOPA COUNTY,ARIZONA,AS DESCRIBED INDKT.12534PAGE11RECORDSOF MARICOPA COUNTY,ARIZONA. THENCENORTH 53°00,00"WESTALONGTHESOUTHERLYRIGHT-OF-WAYLINE OF FAYETTE DRIVE,A DISTANCE OF 256.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONGACURVE CONCAVE TOTHE SOUTHWEST HAVING A RADIUS OF 365.00 FEET,AN ARC LENGTH OF 138.52 FEET,AND A CENTRALANGLEOF 21°44'40"ALONGSAID SOUTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THENCESOUTH 66°20'29"WEST,ADISTANCEOF36.94FEETTOAPOINTONA NON-TANGENT CURVE; THENCE WESTERLY ALONG A CURVE CONCAVETOTHESOUTHHAVINGA RADIUS OF343.00FEET,ANARC LENGTH OF 127.89 FEET,A CENTRAL ANGLE OF 21°21'50\AND A RADIAL BEARING OF SOUTH 10o26'54B WEST; THENCE NORTH 66°55'50n WEST TO APOINTONACURVEALSOBEINGTHE SOUTHERLY RIGHT-OF-WAY LINEOF FAYETTE DRIVE,A DISTANCE OF37.04 FEET; THENCE EASTERLY AND SOUTHEASTERLY ALONGSAID CURVE CONCAVETO THESOUTHWESTHAVINGARADIUSOF365.00FEET,ANARCLENGTHOF 197.47,A CENTRAL ANGLEOF30°59'54w,AND A RADIAL BEARING OF SOUTH 15°44'34"EAST TO THE POINT OF BEGINNING. CONTAINS 3,591 S.F.OR 0.0824 ACRES OF LAND MOREOR LESS. PREPARED BY: O'NEILL ENGINEERING,INC. 2001 WEST CAMELBACK ROAD SUITE 200 PHOENIX,AZ 85015 JOB NO.2775 MAY 25,1995 €• EXHIBIT B RIGHT-OF-WAY DEDICATION TO THE TOWN OF FOUNTAIN HILLS,ARIZONA FAYETTE *.^Q7.47 1=30-59-54"R==36^nn S 66*20'29"W- rT27~89l==2r21 50 N 66*55 50"W-37.04 AREA=3,591 S.F.OR 0.0824 ACRES 1=21*44 40 R=365.00 L=138.52 MOST NORTHERLY POINT OFFINAL PLAT III, BOOKNO.150,PAGE 12 DKT.12534,PG.11, RECORDS OF MARICOPA COUNTY,ARIZONA P.O.B. r. NORTH 30 60 Feet 2/5/96 JOBl 9775 O'NEILL ENGINEERING,INC. 2001 Wtat Comtfbocfc Rood SulU 200 Phoenix.Arttena 80010 (C02)242-0020