HomeMy WebLinkAboutRes 2002-44When recorded,return to:
Public Works Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-44
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
DRAINAGE EASEMENT SHOWN IN EXHIBIT "A"OF LOT 30,PLAT 606-
AMENDED,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 428
OF MAPS,PAGE 50 RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,TheTownCounciloftheTownofFountainHills,asthe governing bodyofreal property
locatedintheTownofFountainHills,mayrequirethededicationofpublicstreets,sewer,
water,drainage,andotherutilityeasementsor rights-of-way withinanyproposed
subdivision;and
WHEREAS,TheTownCounciloftheTownofFountainHillshastheauthoritytoacceptorrejectoffers
ofdedicationofprivatepropertybyeasement,deed,subdivision,platorotherlawful
means;and
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1.That the drainage easement shownin Exhibit "A",locatedonLot30 of Plat 606-Amended,
FountainHills,Arizona;asrecordedinbook428ofmaps,page50recordsofMaricopa
County,Arizona;is hereby declared tobe abandoned bythe Town of Fountain Hills.
SFCTTON 2.ThatthisResolutionisoneofabandonmentanddisclaimerbytheTownsolelyforthe
purposeofremovinganypotentialcloudonthetitletosaidpropertyandthattheTownin
nowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyrightresultingtherefromor existing previoustoanyactionbytheTown.
Resolution 2002-44
Page 1 of 2
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PASSED AND ADOPTED this 7th ofNovember2002.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
LiM^^JU h-Jut
Cassie B.Hansen,Town Clerk
REVIEWED BY:y HED AS TO FORM
TimothyG.Pickering,CEcD,TownManager AndrewMcGuire,TownAttorney
Resolution 2002-44
Page 2 of 2
EXHIBIT "A"
DrainageEasementAbandonment
Fountain Hills Plat 606-A Lot 30
Apart of Fountain Hills Final Plat 606-A Lot 30 as recorded in Book 428,Pace 50,Maricopa
County records,Maricopa County,Arizona,more particularly described as follows:
Commencing at the Northeast corner of said Lot 30,
thence South 71 degrees 31 minutes 28 seconds West,along the North line ofsaid Lot 30 a
distance of 141.96 feet to the POINT OF BEGINNING;
thence departing said line,South 12 degrees 34 minutes 58 seconds West,a distance of32 13
feettoapoint;
thence South 15 degrees 30 minutes 37 seconds East,a distance of 75.30 feet to a point-
thence South 02 degrees 38 minutes 58 seconds West,a distance of 73.62 feet to a point-
thence South 28 degrees 35 minutes 55 seconds East,a distance of 18.18 feet to a point on the
Southline of saidLot30;
thence South 45 degrees 36 minutes 47 seconds West,along said line of said Lot 30 a distance
of25.98feettoapoint,
thence departing said line,North 28 degrees 35 minutes 55 seconds West,a distance of32 24
feettoapoint;
thence North 02 degrees 38 minutes 58 seconds East,a distance of 76.61 feet to a point-
thence North 15 degrees 30 minutes 37 seconds West,a distance of 77.56 feet to a point-
thence North 12 degrees 34 minutes 58 seconds East,a distance of 23.33 feet to a point on the
Northline of saidLot30,
thence North 71 degrees 31 minutes 28 seconds East,along said line of said Lot 30 a distance of
29.18 feettothe POINT OF BEGINNING.
Containing 5,112.27 square feet,more or less,subject to all existing easements.
EXHIBIT 'A'
DRAINAGE EASEMENT ABANDONMENT
PLAT 606-A LOT 30
FOUNTAIN HILLS,ARIZONA
SCALE:1"=50'
UDT
N 12*34'58"E
---7
When Recorded Return To:
Community Development Director
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
GRANT OF EASEMENT
Gregory E.Mannion and Marilynn B.Mannion,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:
Refer to the attached Exhibit "B"for the legal description
on,over,under and across the ground embrace within the aforementioned plat as described and
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 thisl_day ofostotefL 200
STATE OF ARIZONA
County ofMaricopa
)§
MarilynnB
SUBSCRIBED AND SWORN TO BE before me this _2%ay of 0ci>.2002
by flJfrcnK-
Notaiy PubJIc state ofArizona
Mwloopa County
TJKargravo
Expires November 0.2QO4
My Commission Expires:
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EXHIBIT "B"
Grant of Drainage Easement
FountainHillsFinal Plat 606-A Lot 30
A part of Fountain Hills Final Plat 606-A Lot 30 as recorded in Book 428 Page 50 Maricopa
County Records,Maricopa County,Arizona,more particularly described as follows:
Commencing at the Northeast corner of said Lot 30;
thence South 71 degrees 31 minutes 28 seconds West,along the North line of said Lot 30 a
distance of 141.96 feet to a point to the POINT OF BEGINNING;
thence departing said line,South 12 degrees 34 minutes 58 seconds West,a distance of48 92
feettoa point;
thence South 17 degrees 27 minutes 21 seconds East,adistance of 26.84 feet to a point-
thence South 65 degrees 56 minutes 07 seconds East,adistance of 11 03 feet to apoint
thence South 38 degrees 24 minutes 47 seconds East,adistance of 31 49 feet to apoint
thence South 05 degrees 24 minutes 04 seconds West,adistance of91.31 feet to a point on the
Southline of said Lot30;
thence South 45 degrees 36 minutes 47 seconds West,along said line,adistance of25 98 feet to
apoint;
thence departing said line,North 02 degrees 22 minutes 21 seconds East,a distance of 113 36
feettoapoint,
thence North 38 degrees 24 minutes 47 seconds West,adistance of 23.75 feet to a point
thence North 22 degrees 53 minutes 51 seconds West,adistance of 25.31 feet to apoinf'
thence North 12 degrees 47 minutes 20 seconds West,adistance of22.25 feet to a point
thence North 49 degrees 14 minutes 31 seconds West,adistance of9.29 feet to apoint '
thence North 12 degrees 34 minutes 58 seconds East,adistance of 19.86 feet to a point on the
Northline of saidLot30,
thence North 71 degrees 31 minutes 28 seconds East,along said line,a distance of 29 18 feet to a
pointtothe POINT OF BEGINNING.
Containing 3,766.66 square feet,more or less,subject to all existing easements.
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EXHIBIT 'B'
GRANT OF DRAINAGE EASEMENT
PLAT 606-A LOT 30
FOUNTAIN HILLS,ARIZONA
19.86'
N12'34'58ME-
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SCALE:1"=50'
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9.29'
N12'47*20MW
22.25'—
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25.31'
S65'56'07"E
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