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Home My WebLink AboutRes 2002-08When recorded,return to: .Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2002-08 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN DRAINAGE EASEMENT SHOWN IN EXHIBIT "A"OF LOT 16,(MCR 00-0372525)CRESTVIEW AT FOUNTAIN HILLS, ARIZONA,AS RECORDED IN BOOK 533 OF MAPS,PAGE 1,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,TheTown Council of the Town of Fountain Hills,as the governing body of real properly located in the Town of 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,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 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 drainage easement shown and described inExhibit "A",located on Lot 16, Crestview at Fountain Hills,Fountain Hills,Arizona;as recorded in book 533 of maps, page 1,records of Maricopa County,Arizona;is hereby declared to be abandoned 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 2002-08 Page 1 of 2 ASS/FAIL _.^"1 ~ WriON £-'i--t--v.y SECOND f'' COUNT .6->U \iigzgfa00f PASSED AND ADOPTED this T day of February 2002. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS Lj.l~.<~~4 J N-'*- Cassie B.Hansen,Town Clerk Sharon Morgan,Mayor REVIEWED BY:'")APPROVED AS TO FORM: Roy Pedersoa IhterirrTTown Manager William E.Farrell,Town Attorney Xi^b^ Nji^y Resolution 2002-08 Page 2 of 2 \^2£iiS ypi*/ When Recorded Return To: Town Engineer Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 GRANT OF EASEMENT Summit Estates LLC,d/b/a Crestview at Fountain Hills (a subsidiary of MCO Properties grantor,for good and valuable consideration,hereby grants to the Town of Fountain Hills,Arizona,grantee,a municipal corporation,its successors and assigns,and to public utilities,a perpetual easement for the following purposes,namely: Drainage Easement on,over,under and across the ground embraced within the aforementioned plat as described 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. Dated this^f^ay of ^^^2002. Title £*/c*e /^^J> By: Title STATE OF ARIZONA ) County of Maricopa )§ SUBSCRIBED AND SWORN TO BE before me this _^f%ay of \J^M^/ 2002,by MA-AIM /-JC/M£*A/ My Commission Expires: Y&Y&StUs ^7.Y£*l*5U&2r Notary Public OFFICIAL SEAL MELANIE S.PAVLET Notary Pubtto •Stat»of Artzortt MARICOPA COUNTY My ccmm.expires Nov.4»2002 \qg^ii&iS \^y DRAINAGE EASEMENT ABANDONMENT PAGE 3 OF 4 CURVE DELTA RADIUS ARC LENGTH TANGENT C1 53'02'U"50.00"46.28'24.95' LINE DATA LINE L1 L2 DSN BEARING DISTANCE S58-36'36"W 72.91' N57'04'32"W 95.89' fl SKG ENTERPRISES INC. CONSu-TiNC Civil engineers 9612 H lovoeo 3oco •Suite '06 •Scotltooic a;.85256 •(«S0)996-S60C LOT 16 DRAINAGE EASEMENT 3-5 SCA^ HORIZ 1*>100 CRESTVIEW AT FOUNTAIN HILLS SwEtT 1 *1 Exhibit "A" c DRAINAGE EASEMENT ABANDONMENT PAGE 4 OF 4 DRAINAGE EASEMENT ABANDONMENT DESCRIPTION FOR LOT 16 CRESTVIEW AT FOUNTAIN HILLS Commencing at the Westerly most corner ofLot 16,Crestview at Fountain Hills,as recorded in Book 533,Page 1of Maricopa County Records;being a portion of Section 20, Township 3North,Range 6 East,of the Gila and Salt River Base and Meridian,Maricopa County,Arizona,more particularly described as follows; Thence N77°35'29"E a distance of 202.33 feet to the Point of Beginning; Thence continuing N77°39'29"E a distance of 455.16 feet to the pointonacurve the center of which bears N77°39'29"E a distance of 50.00 feet; Thence along said curve Southeasterly through a central angle of 53°02'14"a distance of 46.28 feet; Thence S58036'36"W a distance of 72.91 feet; Thence S76°49,31"W a distance of 338.78 feet; Thence N57°04'32"W a distance of 95.89 feet to the Point of Beginning. Saidpropertybeingin and forming apartoftheTownofFountain Hills and comprisingan area of 27,647 S.F.or 0.63 acres,more or less. For Exhibit "A" DRAINAGE GRANT OF EASEMENT PAGE 2 OF 3 CURVE DELTA RADIUS ARC LENGTH TANGENT C1 38'03'59"50.00'33.22'17.25' LINE DATA LINE L1 L2 BEARING DISTANCE S39'31'30"W 8.67' N57*04'32"W 28.12' SKG ENTERPRISES INC. CONSJLTiNC CiVL rNCiNEiRS 98.12 '<noyoc Rooc •Suite 06«Scotuoct.*z •65228*<*80)998-s60C LOT 16 DRAINAGE EASEMENT 3-5 CRESTVIEW AT FOUNTAIN HILLS 1 o,1 Exhibit "B GRANT OF EASEMENT PAGE 3 OF 3 DRAINAGE EASEMENT DESCRIPTION LOT 16 CRESTVIEW AT FOUNTAIN HILLS Commencing at the Westerly most corner ofLot 16,Crestview at Fountain Hills,as recorded inBook 533,Page 1of Maricopa County Records;being aportionof Section 20, Township 3North,Range 6 East,of the Gila and Salt River Base and Meridian.Maricopa County,Arizona,moreparticularly described as follows; Thence N77°35'29"E a distance of 202.33 feet to the Pointof Beginning; Thence continuing N77°39'29"E a distance of 455.16 feet to the pointona curve the center of which bears N77°39'29"E a distance of 50.00 feet; Thence along said curve Southeasterly through a central angle of 38°03'59"a distance of 33.22 feet; Thence S39°3r30"W a distance of 8.67 feet; Thence S88°00,05"W a distance of 89.53 feet; Thence S77°35'29,,W a distance of 351.15 feet; O-Thence N57°04'32"W a distance of 28.12 feet to the Point of Beginning. Said property beingin and formingapartof the Townof Fountain Hills and comprisingan area of 9,699 S.F.or 0.22 acres,more or less. For Exhibit "B"