HomeMy WebLinkAboutRes 2001-06RESOLUTION 2001-06
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN HILLSIDE PROTECTION
EASMENT AS DESCRIBED IN EXHIBIT "A"AND ACCEPTING THE DEDICATION
OF8,983 SQUARE FEET AS DESCRIBED IN EXHIBIT "B"OF CUESTA ACRES LOT 4
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 460 OF MAPS,PAGE 29
RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,The Town Council ofthe Town of Fountain Hills,asthe governing body ofreal
property located inthe 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,TheTownCounciloftheTown of Fountain Hillshastheauthoritytoacceptor
reject offers of dedication of private property by easement,deed,subdivision,plat
or other lawful means;and
WHEREAS,AllaffectedTown departments have received notificationoftheproposed
abandonment/dedication;
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 hillside protection easement,located as shown in Exhibit A
H.P.E.Abandonment,and Exhibit "B"Hillside Protection Easement
Abandonment,of Cuesta Acres Lot 4,Fountain Hills,Arizona;as recorded in
Book 460ofmaps,page29 records of Maricopa County,Arizona;arehereby
declared tobe abandoned by the Town of Fountain Hills.
Section 2.That the certain hillside protection easement,located as shown in Exhibit A Area
Dedicated to H.P.E.,and Exhibit "B"Hillside Protection Easement,of Cuesta
Acres Lot 4,Fountain Hills,Arizona;tobe recorded at Maricopa County,
Arizona;are hereby declared tobe dedicated to the Town of Fountain Hills.
Resolution No.2001-06
PASS/£AIL \~1 V-~£L
MOTION JsLAJa (^^
SECOND rrii^u-U
COUNT 1-0
PASSED AND ADOPTED BY theMayorandCommonCounciloftheTownofFountainHills,
Arizona,this _L_M^v,day of Ofrny^r^,20 Q]_.
FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO:
haron Morgan,Mayor
PaulL.Nbrdin,Town Manager
(aaa.,S£/La
Cassie B.Hansen,
Director of Administration/Town Clerk
a^a^
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
Resolution No.2001-06
Page 2 of 2
•
When Recorded Return To:
CommunityDevelopmentDirector
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
GRANT OF EASEMENT
Robert F.Saunders and Ramona J.Saunders,grantor,for good andvaluable consideration,
herebygrantstotheTown of FountainHills,Arizona,grantee,a municipal corporation,its
successors and assigns,aperpetual easement upon,across,overandunderallthoseareason
Fountain Hills,Arizona FinalPlat of Cuesta Acres Lot 4as graphically depicted inExhibit"A"
andaslegallydescribedinExhibit"B",as "Hillside ProtectionEasement"forthepurpose of
preservingthenaturaltopographyandvegetation of landarea.Theownerorany of hisheirs,
successors,orassigns shall notperformnorallowtobeperformed,anyconstruction;orcutting,
filling,gradingtothetopography;noranygrubbing,brushing,removal,orotherwisedamageany
vegetation,rock outcropping,orothernaturalfeatureinthe Hillside ProtectionEasementarea
withoutpriorTown Council approval.Atrailwaymaybeapermitteduseifapprovedbythe
Town Council.
Grantor covenants thatgrantoris lawfully seized and possessed ofthis aforementioned tractor parcel
of land;thatgrantorhasgoodand lawful right to sell andconveyit;andthatgrantor will warrantthe
titleandquiet possession thereto against the claim ofanyperson whatsoever.
Dated this /2.CL,day of ^^^y 2001.
STATE OF ARIZONA)
County ofMaricopa
By:
By:
)§
)
'jl&~^y>d-i-^vA-/,
obert F.Saunders
i^V^f>y'
Ramona J/Saunders
SUBSCRIBED AND SWORN TO BE before me this /£-frL day of
by ^^D^O<u\i/A -./)/?//r^^.
^ocjTt •
My Commission Expires:"~^>
otaryPublic
^2001
5i t°
EXHIBIT A
H.P.E.ABANDONMENT
QUESTA ACRES LOT 4
A=90"00'00"
R=20.00'
L=31.42'
M80-5*00"EW
N 09"05*00"W
22.29'
N WS5'0Qm E
30.00'
LEGEND
INDICATES H.P.E.AREA ABANDONED
LOT4
/
EXHIBIT <CB"
Hillside Protection Easement Abandonment
Cuesta Acres,Lot 4
Apart of Cuesta Acres,Lot 4as recorded in Book 460,Page 29,Maricopa County
Records,Maricopa County,Arizona,moreparticularly described asfollows:
Commencing atthe Northerly mostpoint of saidLot4;
thence South 79degrees25 minutes 36 seconds West along the Northerly line of said
Lot 4,a distance of 150.22 feet;
thence South 09degrees05minutes00secondsEast,adistance of 22.29feetalonga
line of said Lot 4;
thence South 80degrees55minutes00secondsWest,adistance of 30.00feetalonga
line of said Lot 4to the POINT OF BEGINNING;
thence departing said Lot 4line South 60 degrees 48 minutes 31 seconds East,a
distance of 145.26 feet;
thence South 80degrees55 minutes 00secondsWest,a distance of 38.31 feet;
thenceSouth63degrees14minutes48secondsWest,adistance of 50.44feettoapoint
ona line of said Lot 4;
thenceSouth80degrees 51 minutes50secondsWestalongaline of saidLot4,a
distance of 30.01 feet;
thence departing said Lot 4line North 54degrees05 minutes 00secondsWest,a
distance of 42.55feettoapointonaline of Lot4;
thence North 09degrees05minutes00secondsWest,adistance of 29.91feet;
thence departing said Lot 4line North 26degrees27 minutes 16 seconds East,a
distance of 17.27 feet;
thence North 09degrees05minutes00secondsWest,adistance of 27.84feet,
thenceNorth27degrees 31 minutes06secondsWest,adistance of 24.70feettoapoint
ona line of said Lot 4;
thence North 80degrees55minutes00secondsEastalongaline of saidLot4,a
distance of 10.21 feettoapoint of curveconcaveSoutheasterlyhavingaradius of
20.00feetandacentralangle of 90degrees00minutes00seconds;
thence southeasterly alonga curve of saidLot4anarc distance of 31.42 feettothe
POINT OF BEGINNING.
Containing 8,954.48 square feet,moreorless,subjecttoall existing easements.
EXHIBIT A
AREA DEDICATED TO H.P.E.
QUESTA ACRES LOT 4
o
CO
UJ ,_A=90'00'00"
c
O
S~/
oo /
z /
/R=20.00'
1 L=31.42'
v-n og'os'oo"W
\22.29'
H80-55'00"EW
*0?j
LEGEND
INDICATES H.P.E.AREA DEDICATED
EXHIBIT CCB"
Hillside Protection Easement
Cuesta Acres,Lot 4
Apart of Cuesta Acres,Lot4asrecordedinBook460,Page29,Maricopa County
Records,MaricopaCounty,Arizona,moreparticularlydescribedas follows:
CommencingattheNortherlymostpoint of saidLot4;
thenceSouth79degrees25minutes36secondsWestalongtheNortherlyline of said
Lot4,adistance of 150.22 feet;
thenceSouth09degrees05minutes00seconds East alongaline of saidLot4,a
distance of 10.00 feet to the
POINT OF BEGINNING;
thencedepartingsaidLot4lineNorth79degrees25minutes36secondsEast,a
distance of 132.48 feet;
thenceSouth55degrees49minutes00secondsEast,adistance of 80.31 feet;
thence South 35degrees30minutes03secondsWest,adistance of 106.79feet;
thence North 60degrees48minutes 31 secondsWest,adistance of 40.98feet;
North80degrees 55 minutes00secondsEast,adistance of 6.94feet;
thence North 35degrees30minutes03seconds East,adistance of 23.12 feet;
thence North 16 degrees03minutes26secondsWest,adistance of 45.37feet,
thence North 55degrees49minutes30secondsWest,adistance of 44.18 feet;
thenceSouth79degrees25minutes36secondsWest,adistance of69.29feettoapoint
on said Lot 4;
thenceNorth09degrees05minutes00secondsWestalongaline of Lot4,adistance of
12.29 feet to the POINT OF BEGINNING.
Containing8,963.00squarefeet,moreorless,subjecttoallexistingeasements.