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HomeMy WebLinkAboutRes 1997-68When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1997-68 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 PUBLIC UTILITY EASEMENT ALONG THE EASTERLY LOT LINES OF LOT 10,OF PARCEL D-SOUTH AT SUNRIDGE CANYON,FOUNTAIN HILLS, ARIZONA,AS RECORDED IN BOOK 422 OF MAPS,PAGE 31, RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,TheTown Council of the Townof Fountain Hills,as the governing body of real property located in the Townof 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: SECTION 1.That the certain eight (8)foot public utility easement,located along the easterly property line,of Parcel D-South,Lot 10,as shown in Exhibit B; Fountain Hills,Arizona;as recorded in book 422of maps,page 31 records of Maricopa County,Arizona;are hereby declared to be abandoned by the Town of Fountain Hills. 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 1997-68 Page 1 of 2 ^A§>AIL \3-ii-11 MOTION LO:'^^C^Ko-f--A SECOND •'OUNT . Li ~7~o PASSED AND ADOPTED this 18th day of December,1997. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: Paul u.Nbrdin Town Manager (A/ULuC>4J fU-A\Aj^ Cassie B.Hansen Town Clerk APPRPVED AS TO FORj># William E.Farrell Town Attorney Resolution 1997-68 Page 2 of 2 c Ni^p/ LEGAL DESCRIPTION ABANDONMENT OF A PUBLIC UTILITY EASEMENT ACROSS A PORTION OF LOT 10 PARCEL D-SOUTH AT SUNRIDGE CANYON THAT PUBLIC UTILITY EASEMENT LYING WITHIN LOT 10,PARCEL D-SOUTH AT SUNRIDGE CANYON,A SUBDIVISION RECORDED IN BOOK 422 PAGE 31,MARICOPA COUNTY RECORDS,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 10; THENCE NORTH 88°50'36"EAST,113.59 FEET ALONG THE BOUNDARY LINE COMMON TO LOTS 10 AND 11 OF PARCEL D-SOUTH,TO A POINT ON THE WEST LINE OF SAID PUBLIC UTILITY EASEMENT RECORDED IN BOOK 422 PAGE 31. MARICOPA COUNTY RECORDS,SAID POINT BEING THE POINT OF BEGINNING. SAID POINT ALSO BEING A POINT OF CURVATURE OF A NON-TANGENT CURVE. CONCAVE NORTHEAST,FROM WHICH THE RADIUS POINT BEARS NORTH 70°24'20" EAST,A DISTANCE OF 238.00 FEET; THENCE SOUTHEASTERLY 43.54 FEET ALONG THE ARC OF SAID CURVE AND THE WEST LINE OF SAID PUBLIC UTILITY EASEMENT,THROUGH A CENTRAL ANGLE OF 10°28'51"TO A POINT ON THE EASTERLY BOUNDARY OF LOT 10; THENCE NORTH 13°54'30"WEST,40.82 FEET TO THE NORTHEAST CORNER OF LOT 10; THENCE SOUTH 88°50'36"WEST,8.45 FEET ALONG THE NORTH LINE OF LOT 10 TO THE POINT OF BEGINNING. JMI &ASSOCIATES Wjmi\sys\projects\sunridge\parceld\south\exhibits\docs\abandpue.doc 10/20/97 REV 12/9/97 c