HomeMy WebLinkAboutRes 1996-82When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1996-82
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA
PORTION OF THE DRAINAGE EASEMENT AT THE NORTHERN
RIGHT-OF-WAY OF DESERT CANYON DRIVE IN SUNRIDGE
CANYON PARCEL D-SOUTH,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 406 OF MAPS,PAGE 23,RECORDS OF
MARICOPA COUNTY,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 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 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
WHEREAS,All present utility companies have received notification of the proposed
abandonment;
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.That the certain ten (10)foot drainage easement located at and
encompassing a portion along the southerly property lines of Lot5,6 and
7,open space Tract B and adjacent to the northerly right-of-way of Desert
Canyon Drive as depicted inExhibit "B",Fountain Hills,Arizona;as recorded
in book 406 of maps,page 23 records of Maricopa County,Arizona;are
hereby declared to be abandoned by the Town of Fountain Hills.
SECTION2.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
therefrom or existing previous to any action by the Town.
Resolution 1996-82
Page 1 of 2
m
PASSED AND ADOPTED this 21st day of November,1996.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
Town Manager
Cassie B.Hansen
Town Clerk
APPROVED AS TO FOf
yjL,au?
William E.Farrell
Town Attorney
Resolution 1996-82
Page 2 of 2
EXHIBIT "B"
DRAINAGE EASEMENT
ABANDONMENT
A PORTION OF PARCEL D-SOUTH
AT SUNRIDGE CANYON.
EXISTING DRAINAGE EASEMENT PER
BOOK 406 PG 23 M.C.R.
TO BE ABANDONED
N.T.S.
JMI AND ASSOCIATES
CIVIL ENGINEERING,SUBDIVISIONS,&LANDPLANNING
4151 NMARSHALLWAYSUITE12SCOTTSDALE,AZ 85251
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LEGAL DESCRIPTION
DRAINAGE EASEMENT TO BE ABANDONED
SUNRIDGE CANYON PARCEL D
(SEE EXHIBIT "B"ATTACHED HERETO)
THAT CERTAIN DRAINAGE EASEMENT SHOWN ON THE FINAL PLAT OF SUNRIDGE
CANYON ,RECORDED IN BOOK 406 PAGE 23,MARICOPA COUNTY RECORDS,
LYING INA PORTION OF SECTION 9,TOWNSHIP 3 NORTH,RANGE 6 EAST,OF THE
GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 9;
THENCE SOUTH 89°48'38"WEST A DISTANCE OF 1492.03 FEET ALONG THE SOUTH
LINE OF SECTION 9 TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF
PALISADES BOULEVARD,AS SHOWN ON THE FOUNTAIN HILLS ARIZONA FINAL
PLAT NO.601-B,RECORDED IN BOOK 166 OF MAPS,PAGE 31,AND FOUNTAIN HILLS
ARIZONA FINAL PLAT NO.601-D,RECORDED IN BOOK 339,PAGE 29,MARICOPA
COUNTY RECORDS;
THENCE THE FOLLOWING FOUR COURSES ALONG THE RIGHT-OF-WAY OF
PALISADES BOULEVARD:
NORTH 45°55'23"EAST A DISTANCE OF 782.01 FEET TO THE BEGINNING OF
A CURVE CONCAVE SOUTHEAST,HAVING A RADIUS OF 1055.00 FEET;
NORTHEASTERLY 249.31 FEET ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 13°32'22";
NORTH 59°27'45"EAST A DISTANCE OF 325.07 FEET TO THE BEGINNING OF
A CURVE CONCAVE WESTERLY,HAVING A RADIUS OF 20.00 FEET;
NORTHEASTERLY 31.40 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 89°57'18"TO A POINT ON THE WESTERLY RIGHT-OF-
WAY LINE OF GOLDEN EAGLE BOULEVARD AS RECORDED IN DOCUMENT
NO.90-322416 AND DOCUMENT NO.95-0698237 AND AS SHOWN ON BOOK
406 PAGE 23,MARICOPA COUNTY RECORDS;
THENCE THE FOLLOWING SIX COURSES ALONG THE WESTERLY RIGHT-OF-WAY
OF GOLDEN EAGLE BOULEVARD:
NORTH 30°29'33"WEST,A DISTANCE OF 201.97 FEET TO THE BEGINNING OF
A TANGENT CURVE,CONCAVE NORTHEAST,HAVING A RADIUS OF 651.00
FEET;
NORTHWESTERLY 398.86 FEET ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 35°06'16";
NORTH 4°36'43"EAST A DISTANCE OF 283.80 FEET TO THE BEGINNING OF A
CURVE,CONCAVE SOUTHWEST,HAVING A RADIUS OF 749.00 FEET;
NORTHWESTERLY 407.70 FEET ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 31 °11'14";
NORTH 26°34'31"WEST A DISTANCE OF 716.07 FEET TO THE BEGINNING OF
A CURVE,CONCAVE NORTHEAST,HAVING A RADIUS OF 851.00 FEET;
NORTHWESTERLY 70.27 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°43'51"TO A POINT ON THE CENTERLINE OF DESERT
JMI &ASSOCIATES
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CANYONDRIVEASSHOWNONTHEFINALPLATOFSUNRIDGECANYON,
(RECORDEDINBOOK406PAGE23,MARICOPACOUNTYRECORDS,SAID
POINTLYINGONANON-TANGENTCURVE,CONCAVE,NORTHWEST,FROM
WHICHTHERADIUSBEARSNORTH21°50'40"WESTADISTANCEOF500.00
FEET;
THENCETHEFOLLOWINGFIVECOURSESALONGTHECENTERLINEOFDESERT
CANYONDRIVE:
SOUTHWESTERLY244.87FEETALONGTHEARCOFSAIDCURVETHROUGH
ACENTRALANGLEOF28°03'38";
NORTH83°47'02"WESTADISTANCEOF151.65FEETTOTHEBEGINNINGOF
ACURVE,CONCAVESOUTHEAST,HAVINGARADIUSOF970.00FEET;
SOUTHWESTERLY852.17FEETALONGTHEARCOFSAIDCURVETHROUGH
ACENTRALANGLEOF50°20'10";
SOUTH45°52'48"WEST175.99FEETTOTHEBEGINNINGOFACURVE,
CONCAVESOUTHEAST,HAVINGARADIUSOF990.00FEET;
SOUTHWESTERLY131.95FEETALONGTHEARCOFSAIDCURVETHROUGH
ACENTRALANGLEOF07°38'13";
THENCEONARADIALLINE,NORTH51°45'25"WESTADISTANCEOF35.00FEETTO
APOINTONTHENORTHERLYRIGHT-OF-WAYLINEOFDESERTCANYONDRIVE,
ANDTHEPOINTOFBEGINNING,SAIDPOINTBEINGTHEEASTERNMOSTCORNER
OFADRAINAGEEASEMENTASSHOWNONSAIDPLATOFSUNRIDGECANYON
ANDLYINGONANON-TANGENTCURVE,CONCAVESOUTHEAST,FROMWHICH
THERADIUSBEARSSOUTH51°45'25"EASTADISTANCEOF1025.00FEET;
THENCETHEFOLLOWINGFOURCOURSESALONGTHEBOUNDARYOFSAID
DRAINAGEEASEMENT:
NORTH51°45'25"WESTADISTANCEOF12.00FEETTOTHEBEGINNINGOFA
NON-TANGENTCURVE,CONCAVESOUTHEAST,FROMWHICHTHERADIUS
BEARSSOUTH51°45'25"EASTADISTANCEOF1037.00FEET;
SOUTHWESTERLY235.68FEETALONGTHEARCOFSAIDCURVETHROUGH
ACENTRALANGLEOF13°01'18";
SOUTH64°46'43"EASTADISTANCEOF12.00FEETTOAPOINTONTHE
NORTHERLYRIGHT-OF-WAYOFDESERTCANYONDRIVE,SAIDPOINT
LYINGONANON-TANGENTCURVE,CONCAVESOUTHEASTFROMWHICH
THERADIUSBEARSSOUTH64°46'43"EASTADISTANCEOF1025.00FEET;
NORTHEASTERLY232.95FEETALONGTHEARCOFSAIDCURVEAND
NORTHERLYRIGHT-OF-WAYTHROUGHACENTRALANGLEOF13°01'18"TO
THEPOINTOFBEGINNING.
CONTAINING0.065ACRES,MOREORLESS.
JMI&ASSOCIATES
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