HomeMy WebLinkAboutRes 1997-61When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1997-61
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 WATER EASEMENT DESCRIBED
IN EXHIBIT A ATTACHED HERETO OF EAGLE MOUNTAIN
TRACT C-1,FOUNTAIN HILLS,AS RECORDED IN BOOK 401
OF MAPS,PAGE 18,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,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
WHEREAS,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
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:
SECTION1,That the certain twenty (20)foot water easement,as described in Exhibit A;
of Eagle Mountain Tract C-1,Fountain Hills,Arizona,as recorded in book 401
of maps,page 18 records of Maricopa County,Arizona;is 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 1997-61
Page 1 of 2
^ASS/FAIL
MOTION JOy^isKo-C-f
SECOND -Affps
COUNT _Zb£_^___
«a-H-<o
PASSED AND ADOPTED this 4th day of December,1997.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
Jero)6 L/lviiles*Mayo
REVIEWED BY:
Paul L;Nordin
Town Manager
G:\RESOLUTI\EA97-29
£~v_
Cassie B.Hansen
Town Clerk
APPROVED AS TO
William E.Farrell
Town Attorney
Resolution 1997-61
Page 2 of 2
WOOD/PATEL
/DarrelE.Wood,P.E.,R.LS.
(yAshokC.Patel,P.E.,R.LS.
James S.Campbell,P.E.
GordonW.R.Wark,P.E.
Thomas R.Gettings,R.L.S.
DuaneM.Hunn,P.E.
ScottA.Nelson,R.LS.
Willie J.Kates,Jr.,R.L.S.
Anthony J.Regis,P.E.
RichardLHiner,P.E.
FredrickK.Schneider,P.E.
William H.Thompson,P.E.
Timothy A.Huval,P.E.
Michael J.Sexton,R.L.S.
Bruce FriedhofT,P.E.
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Civil Engineers •Hydrologists •Land Surveyors
WP #95263.23
June 23,1997
Page1 of 2
See Exhibit "A"
PARCEL DESCRIPTION
Proposed 20-Foot P.U.E.Abandonment
Aparcel of landlyingwithinSection29,Township 3North,Range6East,oftheGilaand
Salt River Meridian,Maricopa County,Arizona,more particularly described asfollows:
Commencing atthe southwest corner of said section;
THENCE easterly alongthesouthline of said section,South 89°57'36"East,adistanceof
1390.46 feet;
THENCE leavingsaidsouthline,North 00°02,24"East,a distance of 196.53feet,toapoint
onthe proposed boundary lineofthe proposed subdivision of Eagle Mountain Parcel7;
THENCE northwesterly alongsaidboundaryline,North 42°28'31"West,adistanceof
138.58feet,tothesoutherlylineofthat certain 20-foot P.U.E.asshownontheFinalPlat
ofEagleMountainasrecordedinBook401,page18,M.C.R.andthe POINT OF
BEGINNING;
THENCE continuingalongsaidboundaryline,North 42°28'31M West,adistanceof30.58
feet,tothe northerly lineofsaidcertain 20-foot P.U.E.;
THENCE leavingsaidboundaryline,alongsaidnortherlyline,South 83°18,57"East,a
distance of 132.96 feet,toapointonsaid boundary line;
THENCE leavingsaidnortherlyline,southeasterlyalongsaidboundaryline,South
32°43'27M East,a distance of 25.89 feet,tosaid southerly line;
THENCE leavingsaidboundaryline,alongsaidsoutherlyline,North 83°18'57"West,a
distance of 126.25 feet,tothe POINT OF BEGINNING.
Containing0.0595acres,or2,592squarefeetofland,moreorless.
Subject to existing rights-of-way and easements.
LEGALS\95263-23J23
Wood,Patel &Associates,Inc.•1550EastMissouri,Suite203,Phoenix,Arizona85014•(602)234-1344 •Fax (602)234-1322
t-AGLE MOUNTAIN
o
~r
PROPOSED FINAL PLAT
EAGLE MOUNTAIN
PARCEL 7
,s83*18'S7"c-\V '**Z-L J.32.96_\
P.O.B.
LINE DIRECTION DISTANCE
L1 S32*43'27"E 25.89*
L2 N42*28'31"W 30.58'
»A »
EXHIBIT A
PROPOSED 20'P.U.E.ABANDONMENT
6-23-97
95263.23
PAGE 2 OF 2
NOT TO SCALE
T:\950406\LGL-XPUE
EAGLE MOUNTAIN
PARCEL 7
P.O.C.
SW CORNER SECTION
T.3 N.,R.6 E.
FOUND GLO BRASS CAP
29
1390.46'
WOOD/PATEL
ASSOCIATES
Civil Engineers
Hydrologists
Land Surveyors
(602)234-1344
N89'57*36"W
N
S 1/4 COR.SECTION 29 x
T.3N.,R.6E.1
FOUND GLO BRASS CAP
1245.76'
2636.22'J
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT FOR STAFF REPORT
PROPOSED EAGLE MOUNTAIN PARCEL 7 LOTS 1&2
PROPOSED WATER
LINE LOCATION
GRANT OF EASEMENT
ON EAGLE MOUNTAIN
GOLF COURSE TO BE
GRANTED BY SEPARATE
INSTRUMENT
SCALE:I"=40'