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HomeMy WebLinkAboutRes 1998-69When recorded,return to: "igineering Department own of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 w, RESOLUTION 1998-69 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING /RELEASING WHATEVER RIGHT, TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN HILLSIDE PROTECTION ON LOT 26,OF PLAT 515-AMENDED,FOUNTAIN HILLS, ARIZONA,AS RECORDED IN BOOK 409 OF MAPS,PAGE 26,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council of the Town of 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,hillside protection and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,The Town Council of the Town of 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 a portion of the certain hillside protection easement,located on Lot26,of Plat 515-Amended,Fountain Hills,Arizona;as shown in Exhibit MA"and described in Exhibit "B",as recorded in book 409 of maps,page 26 records of Maricopa County, Arizona;is hereby declared to be abandoned/released 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 1998-69 Page 1 of 2 (£aSJ5/JA!L / MOTION T\MOTION SECOND COUNT - u-n-?<f orr\<*- flf ps L*-l rv\cu3U\r\cuu\ 'ASSED AND ADOPTED this 17th day of December 1998. ATTEST:FOR THEJOWN OF FOUNTAIN HILLS Cassie B.Hansen,Town Clerk REVIEWED BY Paul L.Nbrdin,Town Manager APPROVED AS TO FORM: KM..-£Li? William E,Farrell,Town Attorney Resolution 1998-69 Page 2 of 2 c AJfljpj&ia^ When Recorded Return To: Town Engineer Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 GRANT OF EASEMENT Tony Woodrel,grantor,for good and valuable consideration,hereby grants to the Town of Fountain Hills,Arizona,grantee,a municipal corporation,its successors and assigns,a perpetual easement for the following purposes,namely: Hillside Protection Easement Final Plat 515-Amended,Lot 26 on,over,under and across the ground embraced within the aforementioned plat as described in Exhibit "A"and as depicted in Exhibit "B",situated in the Town of Fountain Hills,State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land;that grantor has good and lawful right to sell and convey it;and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Datedthis /S dayof P^<^.1998. Bv:/^^^/J/* By: STATE OF ARIZONA ) )§ County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this /S"^day oiAk(U/r4^-*1998,by A*,u&tu /U Ae/i^eA My Commission Expfegg OFFICIAL SEAL BEVELYN J.BENDER] NOTARYPUBLIC-ARIZONA MARICOPA COUNTY Mycomm.expires Aug.28,1990 EXHIBIT "An Hillside Protection Easement Dedication FountainHillsFinalPlat 515-A,Lot 26 A part of Fountain Hills Final Plat 515-A,Lot 26asrecordedin Book 409,Page26, Maricopa CountyRecords,MaricopaCounty,Arizona,more particularly describedas follows: BeginningattheSoutheastcorner of said Lot 26; thenceNorth77 degrees 11 minutes42secondsWest,alongtheSouthline of said Lot26, adistance of 8.89feettotheTruePoint of Beginning; thencecontinuingNorth77degrees 11 minutes42secondsWest,alongsaidline of said Lot 26,a distance of 53.11 feet to the intersection of saidline of said Lot 26 with the East line of anexistingHillsideProtectionEasement; thence departing saidline,North33degrees07minutes50secondsWest,alongtheEast line of saideasement,adistance of 31.65 feettoapoint; thence departing said line,South77degrees 11 minutes42secondsEast,parallel withthe Southline of said Lot 26,adistance of 65.17 feettoapoint; thence South 13 degrees05minutes00secondsEast,parallel withtheEastline of said Lot26,adistance of 24.47feettothePoint of Beginning. Containing1,301.59squarefeet,moreorless,subjecttoallexistingeasements. IITJHEXHIBIT"B "V Hillside Protection Easement Dedication Fountain Hills Arizona Final Plat 515-A Lot 26 JV 77'5o^. r 108.95' V 7 \ / / Lot 26 EXISTING HILLSIDE PROTECTION EASEMENTS "H'42"? V V V \ \' \ \ \ \ 22777' 1 \ s.\\ N77'11'42"W aM1