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HomeMy WebLinkAboutRes 1994-60C RESOLUTION 1994-60 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT TO A.R.S. §28-1901 ET-SEQ.ABANDONING TO THE BENEFICIAL OWNER OF BLOCKS 2 AND 3,FOUNTAIN HILLS FINAL PLAT 106, ALL RIGHT,TITLE OR INTEREST,EXCEPT THAT A PUBLIC UTILITY, DRAINAGE,AND,IN CERTAIN PORTIONS PRIVATE VEHICULAR ACCESS EASEMENTS SHALL BE MAINTAINED, IN A CERTAIN PORTION OF A PUBLIC RIGHT-OF-WAY,FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. WHEREAS,A.R.S.§28-1901 et.sea,provides for the disposition of unnecessary public roads;and WHEREAS,TheTown Council of the Townof Fountain Hills is the governing body of the Town;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 thirty(30)foot-wide unnamed alley right-of-way,located north and east of Block 2 and east and south of Block 3 of Fountain Hills Final Plat 106 subdivision,Book 162,Page 40,Maricopa County Recorder Records and legally described in Exhibit A attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 2.That the specific portion of this unnamed alley right-of-way found to be no longer necessary for public use is depicted in Exhibit B attached hereto and incorporated herein by reference. SECTION 3.That the Council reserves a Public Utility and Drainage Easement over the entire right-of-way abandoned in this action,which is legally described in Exhibit A and depicted in Exhibit B attached hereto and Incorporated herein by reference. Resolution 1994-60 Page 1 of 2 C SECTION 4.That the Council reserves a ten (10)foot vehicular access easement,to the benefit of the beneficial owners of Lots 1 and 2,Block 2,Fountain Hills Final Plat 105 subdivision,Book 147,Page 45,Maricopa County Recorder Records,along the easterly ten (10)feet of the thirty (30)foot right-of-way, beginning at the southwesterly corner of Lot 2,leading north to El Pueblo Boulevard. SECTION 5.That the Council determines this property can best be used to protect the public health,safety and welfare of the adjacent property owners and the citizens of the Town and therefore declares that the value of the property is the minimis and that no compensation is required from the beneficial property owner of Blocks 2 and 3,Fountain Hills Final Plat 106 pursuant to A.R.S.§28-1902.A.3 and §28-1902.A.5. SECTION 6.That upon recordation of this resolution in the office of the Maricopa County Recorder,title to the property legally described in Exhibit A and depicted in Exhibit B shall vest in the owner of record of Blocks 2 and 3, Fountain Hills Final Plat 106 as determined by the records of the Maricopa County Recorder on the day of recordation. PASSED AND ADOPTED this 1st day of December,1994. FOR THROWN OF FOUNTAIN HILLS:ATTEST: \J^AAj^^.\jj fsJusy^L(-<~> JohndyK'Cutillo,Mayor Paul L.Nordin Town Manager Cassie B.Hansen Town Clerk Wilfiam E. Farrell Town Attorney Resolution 1994-60 Page 2 of 2 A portion of Fountain Hills Amended Final Plat 106,as recorded in Book 162 of maps,Page 40, Maricopa County Recorder,Maricopa County,Arizona,and more particularly described as follows: PARCEL A: Beginning at the Northeast corner of Fountain Hills Amended Final Plat 106; Thence South 37 Degrees 30 Minutes 00 Seconds East, a distance of 313.00 feet to a point; Thence along a curve,concave to the Northeast,through a central angle of 90 Degrees 00 Minutes 00 Seconds,an arc distance of 31.42 feet,said arc having a radius of 20.00 feet,to a point on the Westerly right-of-way of El Pueblo Boulevard; Thence South 52 Degrees 30 Minutes 13 Seconds West,a distance of 70.43 feet to a point; Thence along a curve,concave to the West,through a central angle of 91 Degrees 13 Minutes 18 Seconds an arc distance of 31.84 feet,said arc having a radius of 20.00 feet,to a point; Thence North 37 Degrees 30 Minutes 00 Seconds West,a distance of 263.09 feet to a point; Thence along a curve,concave to the South,through a central angle of 88 Degrees 18 Minutes 07 Seconds an arc distance of 30.82 feet,said arc having a radius of 20.00 feet,to a point; Thence along a curve,concave to the North,through a central angle of 11 Degrees 51 Minutes 15 Seconds an arc distance of 135.52 feet,said arc having a radius of 655.00 feet,to a point; Thence along a curve,concave to the Southeast,through a central angle of 85 Degrees 45 Minutes 07 Seconds an arc distance of 29.93 feet,said arc having a radius of 20.00 feet,to a point on the Easterly right-of-way of Ivory Drive; Thence North 19 Degrees 45 Minutes 03 Seconds West,a distance of 70.41 feet to a point on the North line of said Plat 106,said point being also on the Easterly right-of-way of Ivory Drive; rmimimm MH FOR CONSTRUCTS OR RECORDING Hjjjgm/ PARCEL A cont. Thence along said North line,along a curve concave to the Northeast,through a central angle of 94 Degrees 44 Minutes 26 Seconds an arc distance of 33.07 feet,said arc having a radius of 20.00 feet to a point; Thence along said North line,along a curve concave to the North,through a central angle of 13 Degrees 03 Minutes 34 Seconds an arc distance of 142.46 feet,said arc having a radius of 625.00 feet to a point; Thence North 52 Degrees 30 Minutes 00 Seconds East,a distance of 30.00 feet to the POINT OF BEGINNING. Containing 15,517.12 square feet,more or less,subject to all existing easements. 21549 r/iC:>fi'oc.-.:iEr .-•' PRELIMINARY NOT FOR CONSTRUCTS OR RECORD!?^ PARCEL B: Beginning at the Southeast corner of Fountain Hills Final Plat 106; Thence South 52 Degrees 30 Minutes 00 Seconds West,a distance of 30.00 feet to a point; Thence along a curve,concave to the North,through a central angle of 10 Degrees 50 Minutes 00 Seconds,an arc distance of 259.98 feet,said arc having a radius of 1375.00 feet,to a point; Thence South 63 Degrees 20 Minutes 00 Seconds East, a distance of 170.75 feet to a point; Thence along a curve,concave to the South,through a central angle of 24 Degrees 00 Minutes 00 Seconds,an arc distance of 111.00 feet,said arc having a radius of 265.00 feet to a point; Thence along a curve,concave to the East,through a central angle of 90 Degrees 00 Minutes 00 Seconds,an arc distance of 31.42 feet,said arc having a radius of 20.00 feet to a point on the Easterly right-of-way of Alamosa Avenue; Thence North 50 Degrees 40 Minutes 00 Seconds West,a distance of 70.00 feet to a point on the Easterly right-of -way of Alamosa Avenue; Thence along a curve,concave to the North,through a central angle of 90 Degrees 00 Minutes 00 Seconds,an arc distance of 31.42 feet,said arc having a radius of 20.00 feet,to a point; Thence along a curve,concave to the South,through a central angle of 24 Degrees 00 Minutes 00 Seconds an arc distance of 123.57 feet,said arc having a radius of 295.00 feet,to a point; Thence North 63 Degrees 20 Minutes 00 Seconds East, a distance of 170.75 feet to a point; Thence along a curve,concave to the North,through a central angle of 09 Degrees 58 Minutes 06 Seconds,an arc distance of 233.88 feet,said arc having a radius of 1344.81 feet to a point; Thence along a curve,concave to the West,through a central angle of 90 Degrees 51 Minutes 54 Seconds,an arc distance of 31.72 feet,said arc having a radius of 20.00feet,to a point;««.,-»«-*:a^»,r f *< NOT FOR CONSTRUCTION OR RECORDING PARCEL B cont. Thence North 37 Degrees 30 Minutes 00 Seconds West,a distance of 263.04 feet to a point; Thence along a curve,concave to the Southwest,through a central angle of 88 Degrees 55 Minutes 15 Seconds,an arc distance of 31.04 feet, said arc having a radius of 20.00 feet to a point on the Southerly right-of way of El Pueblo Boulevard; Thence North 52 Degrees 34 Minutes 35 Seconds East,a distance of 69.62 feet to a point on the Southerly right-of-way of El Pueblo Boulevard; Thence along a curve,concave to the East,through a central angle of 90 Degrees 00 Minutes 00 Seconds,an arc distance of 31.42 feet, said arc having a radius of 20.00 feet to a point; Thence South 37 Degrees 30 Minutes 00 Seconds East,a distance of 313.00 feet to the POINT OF BEGINNING. Containing 27,376.47square feet more or less,subject to all existing easements. PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING