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HomeMy WebLinkAboutRes 1995-02\ite/ When Recorded Return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1995-02 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ACCEPTING FROM MCO PROPERTIES LP.ALLRIGHT,TITLE,AND INTEREST THEY POSSESS TO 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 WHEREAS,It is the express intention of MCO Properties L.P.to convey said interest to the Town of Fountain Hills; 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 MCO Properties L.P.in the real property as more fully described and depicted in"ExhibitA" attached hereto. SECTION2.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 December 29, 1994 and a copy of this Resolution in the Office of the Maricopa County Resolution 1995-02 page 1 of 2 Recorder for notice to the world as acceptance by the Town of Fountain Hills of this property. PASSED AND ADOPTED this 5th day of January ,1995. John M.Cititillo,Mayor TEDM/ *aul L.Nordin Town Manager ATTEST: AA&^-^J5 Cassie B.Hansen Town Clerk APPROVED AS TO FORM: William E.Farrell Town Attorney Resolution 1995-02 page 2 of 2 \||jgj/ J When Recorded Return to: Engineering Department Town of Fountain Hills PO Box 17958 Fountain Hills,AZ85269 SPECIAL WARRANTY DEED (Tioga Drive Dedication) For the consideration of Ten Dollars ($10.00)and other valuable considerations,MCO PROPERTIES L.P.,a Delaware limited partnership,d/b/aMCOPropertiesLimitedPartnership ("Grantor") herebyconveystotheTownOfFountainHills,("Grantee"),the followingrealproperty situated in Maricopa County,Arizona (the "Property"): See Exhibit "A"attached hereto and incorporatedherein by this reference. EXCEPT alloil,gases and other hydrocarbon substances, coal,stone,metals,minerals,fossils,and fertilizers of every nameanddescription,together with alluranium, thorium,oranyother material which isormaybe determined tobe peculiarly essential tothe production of fissionable materials,whether or not of commercial value;and EXCEPT all underground water in,under or flowing through the Property and water rights appurtenant thereto;and SUBJECT to all taxes and other assessments,reservations in patents and all easement,covenants,conditions,restrictions, reservations,rights and rights ofway,obligations and liabilities as may appear of-record,and to-all Federal,State,County, District and local laws,ordinances,regulations,zoning codes and the likeas the same now exist and as may be hereafter established or amended. Grantor hereby waives,releases and relinquishes all surface rights to the Property,including without limitation the rights of ingress and egress on,to,over and across the Property for the purpose oftesting,drilling,mining,removing,producing,storing, treating or transporting anyof the above excepted substances,by pipeline orotherwise,orthe performance ofany mining operations, removal ofearth,orforany other purposes.Provided,however, nothing herein containedshallbe construed aswaiving,releasing or relinquishing anyright,title or interest of Grantor inandto • • w !715 J the above excepted substances in and under and that may be produced from the property. Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of Grantor herein and none other,subject tothe matters above set forth. DATED this gj£^day of {)(}uu^jU^,1994. MCO PROPERTIES L.P.,a Delaware limited partnership By:MCO Properties Inc., a Delaware corporation,General Partner JHF.ufe/nkins Its:Vice President STATE OF ARIZONA COUNTY OF MARICOPA On this 7U. ^£ My Commission Expires: 17 / day of C^Qjucc^y^-cyL^,1994,before me,the undersigned officer,personallyappeared J.F.Jenkins,who .acknowledged himselftobetheVicePresidentofMCO Properties Inc.,a Delaware corporation,andthat he,insuchcapacity,being authorized todo so,executed the foregoing instrument forthe purposes therein containedbysigningthenameofthe corporation by himself. IN WITNESS WHEREOF,I hereunto setmyhandandofficialseal. Notary Public OFFICIAL S£AL GABRiELE E.DESROSIERS NOTARY PUBLIC—ARIZONA MARICOPA COUNTY My comm.expiresJan.26,1996 \j^0? LEGAL DESCRIPTION FOR A PART OF TIOGA DRIVE FOUNTAIN HILLS,ARIZONA A part of Tioga Drive located in Section 23,Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian,Fountain Hills,Maricopa County,Arizona and more particularly described as follows: BEGINNING at the most northerly corner of Fountain Hills Arizona, Final Plat No.302 as recorded on December 14,1972 in Book 156 on Page 45of the records of the Maricopa County Recorder,thence South 39 degrees 13 minutes 00 seconds West a distance of 60.00 feet across Tioga Drive and the boundary of said Plat 302 to a point on a non-tangent curve concave southwesterly and having a radius of 910.00 feet,said point being on the northerly boundary line of Fountain Hills Arizona,Final Plat No.302-A as recorded on August 8,1973 in Book 164 on Page 43 of said county records,a radial line passing through said point bears North 39 degrees 13 minutes 00 seconds East;thence northwesterly along said curve and said Plat 302-A through a central angle of21 degrees 38 minutes 00 seconds an arc length of 343.59 feet;thence North 72 degrees 25 minutes 00 seconds West a distance of 289.98 feet to the beginning ofa tangent curve concave northeasterly and having a radius of 250.00 feet;thence along the arcof said curve through a central angle of39 degrees 40 minutes 00 seconds an arc length of 173.08 feet;thence North 32 degrees 45 minutes 00 seconds West a distance of 64.31 feetto the beginning ofa tangent curve concave southerly and having a radius of 20.00 feet;thence along the arcof said curve through a central angle 90 degrees 00 minutes 00 seconds an arc length of 31.42 feet toa point ofcusp,said point being on the easterly line of Panorama Drive;thence departing said Plat 302-A,North 57 degrees 15 minutes 00 East seconds along Panorama Drive a distance of 100.00 feet to a point of cusp and the beginning ofa non-tangent curve concave easterly and having a radius of 20.00 feet,a radial line passing through said point bears North 32 degrees 45 minutes 00 seconds West;thence departing Panorama Drive southwesterly along the arc of said curve through a central angle of90 degrees 00 minutes 00 seconds an arc length of 31.42 feet;thence South 32 degrees 45 minutes 00 seconds East a distance of 64.31 feet to the beginning of a tangent curve concave northeasterly and having a radius of 190.00 feet;thence along the arcof said curve through a central angle of39 degrees 40 minutes 00 seconds anarc length of 131.54 feet;thence South 72 degrees 25 minutes 00 seconds East a distance of 289.98 feet to the beginning ofa tangent curve concave southwesterly and having a radius of 970.00 feet;thence along the arcof said curve through a central angle of21 degrees 38 minutes 00 seconds anarc length of 366.25 feet to the POINT OF BEGINNING. This parcel contains 1.218 acres more or less. LN 740 GWN 11-04-94 am.12-28-94 Page 1 of 2 Exhibit "A' fi4A/,0*«Aft A -WOO'00" Z-20.00* L*31.42' U.B2C45'00"\fJ.04.31* A=3V40'00 R=ZBO.OO' L'173.06' 'FOUUniU HILLS ARtZOM FIKIDL FLOT Wo.302-/7 Ki.dVld'OO'e.109.00* A »WOO*00" n -20.00' L «31.42' f.3Zo4e'00"£.04.31' A«WAO'OO* £*190.00' L»131.5*' 6.3Vt3'Q0mVJ.bO.001 p.o.a, L.kJ.140 GlMUItem 11-15-<?4 PAGE2 of 2