HomeMy WebLinkAboutRes 1998-52L
When Recorded Return to:
Town of Fountain Hills
Engineering Dept.
PO Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-52
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ACCEPTING
THE DEDICATION OF RIGHT-OF-WAY FROM PLAT 509,LOTS
41 AND 42.
WHEREAS,TheTownCounciloftheTownofFountainHills,asthegoverningbodyofrealproperty
locatedintheTownofFountainHills,mayrequirethededicationofpublicstreets,sewer,
water,drainage,andotherutilityeasementsorrights-of-waywithinanyproposed
subdivision;and
WHEREAS,TheTownCounciloftheTownofFountainHillshastheauthoritytoacceptor reject offers
ofdedicationofprivatepropertybyeasement,deed,subdivision,platorotherlawful
means;
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills,
Arizona,as follows:
SECTION 1.ThattheMayorandtheCommonCounciloftheTownofFountainHills,Arizonaacceptby
deedanyandallinterestpossessedbyMCO Properties intherealpropertyasdepictedin
"Exhibit B"and described in "Exhibit A",for both Lots 41 and 42 of Plat 509.
SECTION 2,That the Mayor andTownClerkare hereby authorized and directed toacceptthedeedfor
thereal property and personal property andare instructed to record sameinthe Office of
the Maricopa County Recorded for notice tothe world that the Town of Fountain Hills
accepts this property as public right-of-way.
PASSED AND ADOPTED this 15th day of October,1998.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
JUM/^L^Uaji^M)JJt^^j
Sharon Morgan,Mayor Cassie B.Hansen
Town Clerk
APPROVED AS TO FORM:
Town Manager
CisVUxvri l-^ouM!/
William E.Farrell
Town Attorney
Resolution 1998-52
Page 1 of 2
JASS/FA1L K
MOTION fcf p>
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When recorded mail to:
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
98-0747723 08/25/98 08:30
CAPTION HEADING:
DO NOT REMOVE
This is part of the official document.
When Recorded Return To:
MCO Properties LP.
16838 E.Palisades Blvd.
Fountain Hills,AZ 85268
Attn:Jamie Rodgers
MARICOPA COUNTY RECORDER
HELEN PURCELL
98-0585240 07/08/98 11:23
W0RKER6 7 OF 18
Exempt ARS42-1614(A3)"Re-recorded to include Exhibit nBM
SPECIAL WARRANTY DEED
GRANTOR:MCO PROPERTIES L.P.,a Delaware limited partnership d/b/a
MCO Properties LimitedPartnership
GRANTEE:THE TOWN OF FOUNTAIN HILLS,anArizonamunicipal
corporation
FOR THE CONSIDERATION OFTen Dollars ($10.00)and other valuable considerations,
GrantorherebyconveystoGranteethefollowingrealpropertysituatedin Maricopa County,
Arizona,together withall improvements thereon andallrightsandprivileges appurtenant thereto
(the "Property"):
SeeExhibit"A"attachedheretoand incorporated hereinbyreference
*and Exhibit MBM
EXCEPTalloil,gasesandotherhydrocarbonsubstances,coal,stone,metals,minerals,fossilsand
fertilizers of everynameand description,togetherwithall uranium,thoriumoranyother material
whichisormaybe determined tobe peculiarly essential totheproduction of fissionable materials,
whether or not of commercial value;and
EXCEPTall underground waterin,underor flowing throughthePropertyandwaterrights
appurtenant thereto;
SUBJECT TOall taxes and other assessments,reservations,patents,easements,covenants,
conditions,restrictions,reservations,rights,rights-of-way,obligationsand liabilities thatmay
appear of record,rightsor claims of partiesin possession and easements or claims of easements
notshownbythe public records;encroachments,roadways,overlaps,conflicts in boundary line,
shortages inareaandother matters which would be disclosed bya survey or inspection ofthe
Property;unpatented mining claims;and all Federal,State,County,District and local laws,
ordinances,regulations,zoning codes andthe like asthe same now exist andas may hereafter be
established or amended.
c
Grantor herebybindsitselfanditssuccessorsto warrant anddefendthetitleas against all acts of
Grantorhereinandnoneother,subjecttothemattersabovesetforth.
DATED this 24th_day of June
STATE OF ARIZONA
)SS
COUNTY OF MARICOPA
1998.
MCOPropertiesL.P.,aDelaware
limited partnership
By:MCOPropertiesInc.,a
Delawarecorporation,
generalpartner *\
By;^Afe^^^S^^'
Name:Hank Lickman
AS its:Vir.fi Prpg.Hpnt
Thisinstrumentwasacknowledgedbeforemeonthe 2frth day of J imp
byHank Lickman ,as Vir.p Prp<;iHpnt-
,1998,
of
MCO Properties Inc.,a Delaware corporation on behalf of that corporation,as general partner on
behalfof MCO Properties L.P.,a Delaware limited partnership d/b/a MCO Properties Limited
Partnership.
MyCommissionExpires:
£Jfc&>//snfca^*
ary Public in and^or the State of Arizona
OFTOALSEAJ.
JAMIE RODGERS
NOIAFYPUBUC-ARODNA
MAUCOBtOOUOTY
Mycamm.o^kw Dao.31,19
HUH
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Xttj^
EXHIBIT "A"
A Portion of Lot 41,Fountain Hills Arizona Final Plat 509
A portion of Lot 41,Fountain Hills Arizona Final Plat 509,located
in Section 8,Township 3 North,Range 6Eastof the Gila and Salt
River Base and Meridian,Fountain Hills,Maricopa County,Arizona,
as recorded on September 24,1992inBook354,Page2as Recording
Number 92-533883 in the Records of Maricopa County,and more
particularly described as follows:
BEGINNING at the southwest corner of said Lot 41,said corner being
on a curve concave easterly and having a radius of 558.00 feet,a
radial line passing through said point bears South 84 degrees 33
minutes 17 seconds West;thence northeasterly along the arc of said
curve through a central angle of13 degrees 09 minutes 49 seconds
an arc length of 128.20 feet to the northerly line of said Lot 41;
thence South 82 degrees 16 minutes 54 seconds East along said lot
line a distance of 12.74 feet to a point on curve,said curve being
concave easterly and having a radius of 398.55 feet,a radial line
passing through said point bears South 87 degrees 55 minutes 19
seconds West;thence departing said northerly lot line,
southeasterly along the arc of said curve through a central angle
of 18 degrees 00 minutes 45 seconds an arc length of 125.30 feet to
the southerly line of said Lot 41;thence South 84 -degrees 33
minutes 17 seconds West along said line a distance of 39.33 feetto
the POINT OF BEGINNING.
This parcel contains an area.of 0.07243 acres more or less.
TOWN OF FOUNTAIN HILLS
RIGHT OF WAY ACQUISITION
EXHIBIT "B"
PLAT 509 LOT 41
AREA ACRE
1 0.0911
2 0.0749
XntKaX'
When recorded mail to:
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
98-0747722 08/25/98 08:30
CAPTION HEADING:
DO NOT REMOVE
This is part of the official document.
>iiyp*i^
C
When Recorded Return To:
MCO Properties LP.
16838 E.Palisades Blvd.
Fountain Hills,AZ 85268
Attn:Jamie Rodgers
OFFICIAL RECORDS OF
MARICOPA COUNTYRECORDER
HELEN PURCELL
07/08/98 11:2398-0585239
6OF IS
Exempt ARS 42-1614(A3)>Re-recorded to include Exhibit "B1
SPECIAL WARRANTY DEED
GRANTOR:MCOPROPERTIES LP.,aDelaware limited partnership d/b/a
MCO Properties LimitedPartnership
GRANTEE:THETOWNOFFOUNTAINHILLS,anArizona municipal
corporation
FORTHE CONSIDERATION OFTenDollars($10.00)andothervaluableconsiderations,
GrantorherebyconveystoGranteethe following realpropertysituatedinMaricopaCounty,
Arizona,togetherwithall improvements thereonandallrightsand privileges appurtenant thereto
(the "Property"):
SeeExhibit"A"attachedheretoand incorporated hereinbyreference
*and Exhibit "B"
EXCEPT alloil,gasesand other hydrocarbon substances,coal,stone,metals,minerals,fossilsand
fertilizers of everynameanddescription,togetherwithalluranium,thoriumoranyother material
whichisormaybedeterminedtobepeculiarlyessentialtothe production of fissionablematerials,
whether or not of commercial value;and
EXCEPT all underground water in,underorflowing through the Property and water rights
appurtenant thereto;
SUBJECTTOalltaxesandotherassessments,reservations,patents,easements,covenants,
conditions,restrictions,reservations,rights,rights-of-way,obligationsandliabilitiesthatmay
appear of record,rightsorclaims of partiesinpossessionandeasementsorclaims of easements
not shown bythepublic records;encroachments,roadways,overlaps,conflicts in boundary line,
shortages inareaand other matters which would bedisclosedbyasurveyor inspection of the
Property;unpatented miningclaims;andallFederal,State,County,District andlocallaws,
ordinances,regulations,zoningcodesandthelikeasthesamenowexistandasmayhereafterbe
established or amended.
\gS&s/
Grantor herebybinds itself anditssuccessorsto warrant anddefendthetitleas against all acts of
Grantorhereinandnoneother,subjecttothemattersabovesetforth.
DATED this _24th day of June
STATE OF ARIZONA
COUNTY OF MARICOPA
)
)SS
)
1998.
MCOPropertiesL.P.,aDelaware
limitedpartnership
By:MCOPropertiesInc.,a
Delawarecorporation,
generalpartner
Name:Hank Lickman
As its:Vice President
Thisinstrumentwasacknowledgedbeforemeonthe 2^th day of.
by Hank Lickman ^as Vice President
June ,1998,
of
MCO Properties Inc.,a Delaware corporation onbehalf of that corporation,as general partner on
behalfof MCO Properties L.P.,a Delaware limited partnership d/b/a MCO Properties Limited
Partnership.
))fatary Public in %nd for the State of Arizona
MyCommissionExpires:
OFRCMLSEAL
JAMIE RODGERS
NOlARyPUBUC-ARZOKA
MAftKXMOOtJMTY
Mycomm.eo^km Doc.31.1069
\ssgfibs
\)^m/^i/'
•-.,--3...J
EXHIBIT MAM
A Portion of Lot 42,Fountain Hills Arizona Final Plat 509
A portion of Lot 42,Fountain Hills Arizona Final Plat 509,located
in Section 8,Township 3 North,Range 6 East of the Gila and Salt
River Base and Meridian,Fountain Hills,Maricopa County,Arizona,
as recorded on September 24,1992 in Book 354,Page 2as Recording
Number 92-533883 in the Records of Maricopa County,and more
particularly described as follows:
BEGINNING at the southwest corner of said Lot 42,said corner being
on a curve concave easterly and having a radius of 558.00 feet,a
radial line passing through said point bears North 82 degrees 16
minutes 54 seconds West;thence northeasterly along the westerly
line of said Lot 42 and along the arc of said curve through a
central angle of09 degrees 30 minutes 32 seconds an arc length of
92.61 feet to a point of cusp,said point being on a curve concave
easterly and having a radius of398.55feet,a radial line passing
through said point bears North 78 degrees 46 minutes 34 seconds
West;thence departing said westerly lotline,southeasterly along
the arcof said curve through a central angle of13 degrees 18
minutes 07 seconds an arc length of92.53feetto the southerly
lineof said Lot 42;thence South 82 degrees 16 minutes 54 seconds
West along saidlinea distance of12.74feetto the POINT OF
BEGINNING.
This parcel contains an area of 0.01240 acres more orless.
TOWN OF FOUNTAIN HILLS
RIGHT OF WAY ACQUISITION
EXHIBIT "B"
PLAT 509 LOT 42
'•iuEUtr hile
When recorded mail to:
MCO Properties L.P.
16838 E.Palisades Blvd.
Fountain H^lls,AZ85268
Attn:Jamie Rogers
xii us70etc
WARRANTY DEED
(Joint Tenants)
mil i in Hill llll Hi |
mAD°tF/^CIAL RECORDS OFMARICOPACOUNTYRECORDER
HELEN PURCELL
97-0708527 10/09/97 04:18
RICHARD 28OF3S
•For the consideration of Ten Dollars,and other valuable
considerations,MCO Properties L.P.,a Delaware Limited
Partnership,D/B/A MCO Properties Limited Partnership ("GRANTOR")
does hereby convey to
DARRELL J.WOLFE AND JOAN M.WOLFE,HUSBAND AND WIFE,
JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
AS
not as tenants in common and not as community property estate,but
as joint tenants with right of survivorship,("GRANTEES"),the
following described real property (the "Property")together with all
rights and privileges appurtenant thereto,to wit:
Lot 41,Fountain Hills,Arizona,Final Plat 509,
according to the plat of record in the office of the
County Recorder of Maricopa County,Arizona,in Book 354
of Maps,page 2,excepting therefrom that portion
included in the right of way of Sunridge Drive,more
fully described in Exhibit "A"attached hereto and made
a part hereof.
Except alloil,gases and other hydrocarbon substances,coal,
stone,metals,minerals,fossils and fertilizers of every name and
description;
Together with all uranium,thorium,or any other material
which isor may be determined tobe peculiarly essential tothe
production of fissionable materials,whether or not of commercial
value.
Except all rights todrillforor otherwise withdraw
underground water in,under or flowing through the Property.
Subject toa non-exclusive easement which Grantor hereby
dedicates to the Town of Fountain Hills in,over and under the
areas designates as slope easements asmore particularly described
on Exhibit "B"attached hereto and made a part hereof,for
excavation and grading reasonably required to construct and
maintain the roadway adjoining such slope easements.Maintenance
oftheslope easements and supportofsubadjacentproperties,as
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may be necessary in connection with work on the slope easements,
shall be the responsibility ofthe Town of Fountain Hills.Nothing
herein is construed to prohibit access to the properties containing
such slope easements from the adjoining roadways.
Grantor hereby binds itself and its successors to warrant and
defend the title,as against all acts of Grantor and all persons
whomsoever subject to the matters above set forth.
Dated Il^fim/jYA^^°l .1997
STATE OF ARIZONA )
)SS.
COUNTY OF MARICOPA)
MCO PROPERTIES L.P.
a Delaware Partnership
By:MCO PROPERTIES INC.,
a Delaware Corporation,
General Partner
x^r^g—
"James G.Flynn
Its:Regional Vice President
This instrument was acknowledged before me on the Qtvffi day ofJ\Zfjb/iinl'\Jjd 19 t7 .bv James G.Flvnn .Regional Vice President
of 'MCO Properties Inc.,a Delaware corporation on behalf ofthat
corporation,as general partner on behalf of MCO Properties L.P.,a
Delaware limited partnership d/b/a MCO Properties Limited Partnership.
My Commission Expires:/^c^/-ff
OFFICIAL SEAL
JAMIE RODGERS
NOTAflY PUBUC •AHZONA
MAKIOOPA COUNTY
MyoofTm«gr»P»g-ai'10flg
^^^^
)tary Public in and for the
State of Arizona
A Portion of Lot 41,Fountain Hills Arizona Final Plat 509
A portion of Lot 41,Fountain Hills Arizona Final Plat 509,located
in Section 8,Township 3 North,Range 6 East of the Gila and Salt
River Base and Meridian,Fountain Hills,Maricopa County,Arizona,
as recorded on September 24,1992 in Book 354,Page 2as Recording
Number 92-533883 in the Records of Maricopa County,and more
particularly described as follows:
BEGINNING at the southwest corner of said Lot 41,said corner being
ona curve concave easterly and having a radius of 558.00 feet,a
radial line passing through said point bears South 84 degrees 33
minutes 17 seconds West;thence northeasterly along the arc of said
curve through a central angle of13 degrees 09 minutes 49 seconds
anarc length of 128.20 feettothe northerly line of said Lot 41;
thence South 82 degrees 16 minutes 54seconds East along said lot
line a distance of 12.74 feet toa point on curve,said curve being
concave easterly andhavingaradiusof 35J^.5J)_^et^
C§ecorrds HftestfT^thencedepartingsaid norther]
soutTieasterTir'along thearcofsaidcurve through a central angle
of18 degrees 00 minutes 45 seconds anarc length of 125.30 feet to
the southerly line of said Lot 41;thence South 84 degrees 33
minutes 17 seconds West along said linea distance of39.33feetto
the POINT OF BEGINNING.
This parcel contains an area.of 0.07243 acres more orless.
passing through saidpointbearsSouth (^87 degrees55minutes 17)
L.N.809
August 17,1995
GWN
Page 1of2
EXHIBIT "A"
C
•Xjjgjjjjin*''
A PORTION OF LOT 41,FOUNTAIN HILLS ARIZONA FINAL PLAT 509
lot 42
/
/
LOT 41
LN.809
8/21/95
SHEET 2OF2
y
o
"'^U^ss*'
^fiDK/
SLOPE EASEMENT FOR SUNRIDGE DRIVE
7\DnDmrnM r>T?t ^m ^n FOUNTAIN HITT<?zvPT70Na ptmit.PLAT 509
A portion of Lot 41,Fountain Hills Arizona Final Plat 509,located
in Section 8,Township 3 North,Range 6 East of the Gila and Salt
River Base and Meridian,Fountain Hills,Maricopa County,Arizona,
as recorded on September 24,1992 in Book 354,Page 2as Recording
Number 92-533883 in the Records of Maricopa County,and more
particularly described as follows:
Commencing at the northwest corner of said Lot 41,thence South 82
degrees 16 minutes 54 seconds East alongthe northerly lineofsaid
lot,a distance of 12.74 feet to the POINT OF BEGINNING;thence
continuing along said line South 82 degrees 16 minutes 54 seconds
East a distance of 11.88 feet;thence departing said lot line,
South 27 degrees 37 minutes 26 seconds East a distance of 131.67
feet to the southerly line of said Lot41;thence North 73 degrees
50 minutes 34 seconds West along said line a distance of1.24feet;
thence South 84 degrees 33 minutes 17 seconds Westa distance of
47.85 feet to a point on curve,said curve being concave easterly
and having a radius of 398.55 feet,a radial line passing through
said point bears South 69 degrees 54 minutes 34 seconds West;
thence departing said southerly lotline,northwesterly along the
arcof said curve through a central angleof18 degrees 00 minutes
45 seconds anarc length of125.30 feet tothe northerly line of
said Lot 41,the POINT OF BEGINNING.
This parcel contains an area of 0.0936 acres more orless.
L.N.881
February 13,1996
GWN
Page 1of2
EXHIBIT "B"
^
A PORTION OF LOT 41,FOUNTAIN HILLS ARIZONA FINAL PLAT 509
LN.881
2/13/96
SHEET 2 OF 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 428 BLOCK 5 LOT 3