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HomeMy WebLinkAboutRes 1997-09Xiiigjjgj*/ c When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 WHEREAS, WHEREAS, RESOLUTION 1997-09 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 CERTAIN DRAINAGE EASEMENT ALONG THE WEST SIDE OF MONTEREY DRIVE BETWEEN SHEA BLVD AND THE KENSINGTON PLACE ALIGNMENT IN FOUNTAIN HILLS,ARIZONA,AS RECORDED IN DOCKET 94-0855341, RECORDS OF MARICOPA COUNTY,ARIZONA. TheTown Council of the Townof 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 TheTown Council of the Townof 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 certain drainage easement,located along the westerly side of Monterey Drive between Shea Blvd and the Kensington Place alignment as shown in Exhibit A and described in Exhibit B,in Fountain Hills,Arizona;a portion of the easement recorded in Docket 94-0855341 records of Maricopa County,Arizona;is hereby declared to be abandoned by the Town of Fountain Hills;except that all portions of the drainage easement shown on Plat 706,Fountain Hills,Arizona as recorded inBook 434 of Maps, Page 49,records of Maricopa County,Arizona,shall be retained,as shown in Exhibit C. SECTION 2,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 1997-09 Page 1of2 PASSED AND ADOPTED this 20th day of March,1997. FOR THE TOWN OF FOUNTAIN HILLS: Jerold L.Miles,Mayor REVIEWED BY: ^ufpNordin Town Manager ATTEST: KJMa^KD ]dlA>uL~J Cassie B.Hansen Town Clerk William E.Farrell Town Attorney Resolution 1997-09 Page 2 of 2 r EXHIBIT A ACCOMPANIES PARCEL DESCRIPTION FOR EXISTING DRAINAGE EASEMENT ABANDONMENT J^-T "-su*..PO,NT ^BEGINNING4r-"N SHEA BOULEVARD I \ID 1/4 COR.«•' 6EC.26 c \i$giii/ Exhibit B FOUNTAIN HILLS PLAT ~D6 PARCEL DESCRIPTION FOR EXISTING DRAINAGE EASEMENT ABANDONMENT Being a portion of Section 26,Township 3North,Range6 East ofthe Gila and Salt River Base and Meridian,Maricopa County,Arizona,described as follows: Beginning at the intersection of the northerly right-of-way lineof Shea Boulevard,as recorded in Book15ofMaps,Page 54 and 55,Maricopa CountyRecorder,and the westerly right-of-way line of Monterey Drive,said intersection bears South 55°25'27"East,a distance of 22&0.63 feet from the west quarter corner of saidSection26; Thencenorthwesterlyalong said northerly right-of-way line of Shea Boulevard,being a curve concave southwesterly whose center bears South 50°10'19"West,a distance of 6997'.49 feet, through a central angle of 00°2&OT,anarclengthof 53.16 feet; Thence North 55°A-&13"East,a distance of 246.57 feet to the beginning of a non-tangent curve,concave northwesterly,whose center bears North 39°32'30"West,a distance of 335.00 feet; Thence Northwesterly along said curve through a centralangle of 47°20'04",anarc iengthof 276.76 feet; Thence South 73°39'24"East,a distanceof 32.47 feet to apointonacurveon the westerly right-of-way line ofMonterey Drive suchcurve being concave northwesterly,the centerof which bears South 8>4°50'23"West,a distance of 365.00 feet; Thence Southeasterly along said curved westerly right-of-way lineof Monterey Drive,through a central angle of 45°17 53",anarc length of 2d&37 feet; Thence South 50°27 30"West,a distance of 247.00 feet to the POINTOFBEGINNING. \i$§kp/ TOWN OF FOUNTAIN HILLS DRAINAGE EASEMENT ABANDONMENT EXHIBIT "C" PLAT 706 RETAIN DRAINAGEEASEMENT A=09'39'42 R=335.00 1=56.49' N84'29'00"E 30.00' :v-:^ ^^^ N73\39'24WW ~^<13.30*p£ A=10,39,48M R=365.00' L=67.93' PL SCALE:f=80'A=44*28'12 R=335.00" L=260 A=00'26'07" R=6997.49' vL=53.16* PLAT/706 ABANDON DRAINAGEEASEMENT DRAINAGEEASEMENT PER DOCKET 94-0855341 L=41.69' L=11.47X 0 oN *A ^ *PV PLAT 705 RETAIN DRAINAGEEASEMENT PER PUT 706 BOOK 434,PAGE 49 SUNRISE POINT 16S» HARRH.A1/ &