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HomeMy WebLinkAboutRes 1998-06RESOLUTION 1998-06 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AUTHORIZING THE TOWN MANAGER,PURSUANT TO A.R.S.§28-7204,TO PROCEED WITH THE SALE OF A CERTAIN PORTION OF PUBLIC RIGHT-OF-WAY LOCATED NEAR GOLDEN EAGLE BOULEVARD AND BAINBRIDGE AVENUE, GENERALLY KNOWN AS ORIGINAL GOLDEN EAGLE BOULEVARD ALIGNMENT,LEGAL NUMBER 744. WHEREAS,the Fountain Hills Town Council,pursuant to A.R.S.§28-7202,has determinedthataportionofthepublicright-of-wayknowngenerallyastheOriginalGoldenEagle Boulevard Alignment,Legal Number 744,morefully described in Exhibit Aattachedhereto,isnot necessaryforpublicuseasaroadway;and WHEREAS,the Fountain Hills Town Council,pursuant to A.R.S.§28-7208 has determined thatthe subject parcel should be appraised to determine itsvalue;and WHEREAS,the Fountain Hills Town Council believes that the public willbe best served by offering the subject parcelforsale pursuant to A.R.S.§28-7204. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HRXS,ARIZONA,AS FOLLOWS: Section 1.That,pursuant toA.R.S.§28-7204,the Town Manager isherebydirectedtoproceed withthesale of a certain portion ofthe public right-of-way known asthe Original Golden Eagle Boulevard Alignment,Legal Number 744,more fully described in Exhibit A attached hereto,tothe highest bidder,butinno event forlessthanthevalueas determined byappraisal. PASSED AND ADOPTED bythe Mayor and Common Council oftheTownof Fountain Hills,Arizona this5th day of February,1998. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Jerold i/Mil£s,Mayor REVIEWED BY: lordin,Town Manager Cassie B.Hansen,Town Clerk APPROVED AS TO FORM: William E.Farrell,Town Attorney Resolution 1998-06 Page 1 of 1 C:\MY DOCUMENTSU998-06.RES EXHIBIT A LEGAL NUMBER 744 LEGAL DESCRIPTION FOR THE ABANDONMENT OF A PORTION OF (ORIGINAL)GOLDEN EAGLE BOULEVARD AS SHOWN ON FOUNTAIN HILLS ARIZONA FINAL PLAT NO.505-A,RECORDED IN BOOK 158,PAGE 40,M.C.R.,BETWEEN (NEW)GOLDEN EAGLE BOULEVARD AND BALNBRIDGE AVENUE Aportionofthe Northeast Quarter of Section 9,Township 3 North,Range 6 East of the Gila andSaltRiver Baseand Meridian,Fountain Hills,Maricopa County,Arizona,more particularly described asfollows: Commencing atthe centerline intersection of Golden Eagle Boulevard and Bainbridge Avenue fromwhichthe Northeast corner ofsaid Section 9 bears North32degrees29 minutes 05 seconds East a distance of 1804.62 feet andtheEast Quarter corner of said Section 9bears South 41 degrees 06 minutes 18 seconds Eastadistanceof 1482.45feet;thence North 87 degrees 33 minutes 03 seconds East alongthe centerline of Bainbridge Avenue a distanceof 297.14 feet;thenceNorth02degrees26minutes57secondsWestadistanceof25.00feettoapoint onthenortherlyrightofwayof Bainbridge Avenue,saidpointbeingthe beginning ofanontangentcurve concavesoutherlyandhavingaradiusof325.00feet,aradialline passing throughsaidpointbearsNorth02 degrees26minutes59secondsWest;thenceeasterlyalongthearcofsaidcurveandsaidAvenuethrougha central angle of 01 degree 27 minutes 21 seconds anarc length of 8.26 feettothe POINT OF BEGINNING; then continuing onsaidcurvethroughacentralangleof44degrees52 minutes 08secondsanarclengthof 254.51feettoa point ofcusp,said point being onthe southerly lineof Golden Eagle Estates as recorded in Book366,Page 31 oftherecordsof Maricopa County;thence departing Bainbridge Avenue,North48degrees 25 minutes 00 seconds West along the southerly line of said Golden Eagle Estates a distance of 131.00 feetto the beginning of a tangent curve concave southwesterly and having a radius of 3692.00 feet;thence northwesterly along thearc of said curve through a central angle of 03 degrees 25 minutes 00 seconds anarc length of 220.16 feet;thence North 51 degrees 50 minutes 00 seconds West a distance of 280.00 feettothe beginning ofa tangent curve concave northeasterly and having aradius of 3608.00 feet;thencealongthearc of said curve through a central angle of 03 degrees 25 minutes 00 seconds anarc length of 215.15 feet;thence North48degrees25 minutes 00 seconds West a distance of 41.31 feettoa point ofcusp,saidpointbeingona non tangent curve concave southwesterly and having aradius of 851.00 feetsaid point alsobeingonthe northerlylineof Golden Eagle Boulevard,aradialline passing through said point bears North49degrees55 minutes 25 seconds East;thence departing said Golden Eagle Estates,southerly along thearc of said curve and alongGoldenEagle Boulevard through acentralangleof17 degrees 47 minutes 45 seconds anarclengthof 264.32feettoapointonanon tangent curve concave northeasterly and having aradiusof 3692.00 feet,said pointbeingonthesoutherlylineof(original)GoldenEagle Boulevard,aradialline passing throughsaidpoint bears South 38degrees19 minutes 14 seconds West;thence departing Golden Eagle Boulevard,southeasterly alongthearcofsaid curve through acentralangle of 00 degrees 09 minutes 15 seconds anarclengthof9.93 feet;thence South 51 degrees50 minutes 00 seconds Easta distance of 280.00 feettothe beginning ofa tangent curve concave southwesterly and having aradiusof 3608.00 feet;thence along thearc of saidcurvethrougha centralangle of 01 degree 47 minutes 54 seconds anarclengthof 113.25 feettothe POINT OF BEGINNING. parcel contains 1.1043acresmoreorless. G:\LEGAULEGDESC.744 Street right-of-way abandonment sale excerpted from 12/26/95 maptitled "Golden Eagle Boulevard &Bainbridge Avenue Legals 731,732,733,734,and 744",by Anderson- Nelson (George Nelson,AZ R.L.S.#10260)anddoesnot represent afieldsurvey. TOWN OF FOUNTAIN HILLS SALE OF RIGHT OF WAY EXHIBIT B LEGALNUMBER 744 TO:Randy L.Harrel,P.E.,L.S. Town Engineer FROM:MCO Properties L.P. RE:LN 744 Abandonment The predecessors of MCO Properties,L.P.,dedicated GoldenEagle Blvd.,including thatentire portion designated asLN744,as public right-of-way.Atthetimeofthat dedication,MCO Properties'predecessors owned unsubdivided property adjacent tothefull length ofbothsides ofLN744.MCO Properties hasnowappliedfor abandonment ofLN744. MCO Properties hereby respectfully requests that,upon abandonment,LN744shallrevert entirelytothe unsubdivided property alongits southerly side. Signed^^^&%*Z_t<P STATE OF ARIZONA County of Maricopa )ss. TftSUBSCRIBEDANDSWORNTOBEbeforemethis/? 1991 \JtfUr~t4^ day of ^?by. 6/ *&iUa*(M <>>Aj^^/O^**^ My Commission Expires:^^U-H-*C SEAL iGABRI&EE.DESROSIERS NOTARYPUBLIC-ARIZONA MARICOPA COUNIY My oomrn.expiresJan.28,2000- JUL,cZ+oo cc:GoldenEagleEstate Homeowner's Association E:\EASEMENTVLN744MCO.LTR Notary Public K