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Home My WebLink AboutRes 2018-35 Town of Fountain Hills I OFFICIAL RECORDS OF 16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER Fountain Hills, AZ 85268 ] ADRIAN PONTES 20180670993 09/05/2018 4:18 PM ELECTRONIC RECORDING Development Services Department I RES201835-5-1-1--,N RESOLUTION 2018-35 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 HILLSIDE PROTECTION EASEMENT LOCATED ON THE HILLTOP AT SUNRIDGE CANYON SUBDIVISION, LOT1 (12807 N. SUNRIDGE DRIVE), AS RECORDED IN BOOK 496, PAGE 49, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-05) DO NOT REMOVE This is part of the official document 4111. •9'��hut is As``'c . RESOLUTION 2018-35 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 HILLSIDE PROTECTION EASEMENT LOCATED ON THE HILLTOP AT SUNRIDGE CANYON SUBDIVISION, LOT1 (12807 N. SUNRIDGE DRIVE), AS RECORDED IN BOOK 496, PAGE 49, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-05) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the"Town"), 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 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. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the "Hilltop at Sunridge Canyon' subdivision, Lot 1, (12807 North Sunridge Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 496 of Maps, Page 49, and as more particularly described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2.. 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 there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: • Lel. Kaagh, M r EI abeth r ce, o CI REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, T. Manager Int: m T. • •rney P cki• on right, PLLC EXHIBIT A LEGAL DESCRIPTION HILLSIDE PROTECTION EASEMENT ABANDONMENT A portion of Lot 1 of "HILLTOP AT SUNRIDGE CANYON", a subdivision plat as recorded in Book 496 of Maps, page 49, Official Records of Maricopa County, Arizona, which is located in the Southeast quarter of Section 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly described as follows: COMMENCING at the Southeast property corner of said Lot 1; thence North 33 degrees 35 minutes 00 seconds West, departing from the Southeast property corner of said Lot 1 and the Northerly right-of-way line of Palisades Boulevard, to the Southeast corner of an existing Hillside Protection Easement as shown on said Plat, a distance of 31.17 feet to the POINT OF BEGINNING; THENCE South 56 degrees 25 minutes 00 seconds West, along said Hillside Protection Easement line as shown on said Plat, a distance of 31.77 feet; THENCE North 27 degrees 33 minutes 53 seconds West, along said Hillside Protection Easement line as shown on said Plat, a distance of 103.13 feet; THENCE North 72 degrees 29 minutes 52 seconds East, departing from the Hillside Protection Easement line, as shown on said Plat, a distance of 16.53 feet, to a point of non-tangent curvature, concave Southwesterly, having a radius of 400.00 feet and a radial bearing of South 47 degrees 17 minutes 00 seconds West; THENCE Continuing along the arc of said curve to the right, through a central angle of 09 degrees 08 minutes 00 seconds, a distance of 63.76 feet; THENCE South 33 degrees 35 minutes 00 seconds East, a distance of 34.49 feet returning to said POINT OF BEGINNING. Containing 2,537 square feet or 0.06 acres, more or less. Reference is hereby made to the attached EXHIBIT B drawing. 1art-k Page 1 of 1 ,:a'�^�:\ , f ;ca% HPE Easement Abandonment y� I$ g-mar Job No. 18-03-017-00 �IONq `3.5-1‘.. REC/gm EXPIRES 06/30/2020 May 1, 2018 ALL RECORDED VALUES ARE AS SHOWNI EXHIBIT B IN BOOK 496 OF MAPS, PAGE 49, NORTH IfE ABANDOMIElvT OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA '. lam, a i V "% ALL EASEMENT VALUES ARE --,.. , ,I Ilk CALCULATED, U.N.O. -0 CO:,Oc HILLSIDE PROTECTION EASEMENT (HPE) L4 SCALE r=30. 015 30 60 29 52,E N93 56 a 512- c CL • N UNSUBDMDED o HILLSIDE PROTECTION c,. EASEMENT ABANDONMENT 40 o CC o (n " ONt N > 'Ai - LAT 1, HILLTOP AT SUNRIDGE CANYON P.O.B. 7' a i to WI 0x62:' 1 Sttl. II ,0%6',31, `0A �!vo�'1.yci00 $\1/4re o. NORTHERLY z i p%1� J\ 7 RIGHT—OF—WAY OF i V PALISADES BLVD. ."/". P.O.C. E LO COR. t i LOT 1 L 7, C / /7 s2 7 I / . /, . 5. JoNo. SKETCH OF LEGAL DESCRIPTION C\ 18-03-017-00 s Date ° s ,i a' t 2252 4 p C 1 • s HPE ABANDONMENT ROBERT E 05/01/18 i a r 12807 N. SUNRIDGE DRIVE g�0OR1 BY _-. ' engineering consultants, iic FOUNTAIN HILLS, AZ 85268 ,1 . .- 1 o GM/REC 0 18223 w. orchid In. waddell, az 85355 SEC. 17, T.3N., R.6E. R1ZONA SSP 1�Sheet No. ph:623.242.6220• e:geoffag-mareng.com MARICOPA COUNTY, ARIZONA EXPIRES 06/30/2020 1 OF 2 • This drawing is an instrument of service. It is the property of g—mar engineering consultants, Ilc, and may not be reproduced or reproduction hereof used without permission. ALL RECORDED VALUES ARE AS SHOWN EXHIBIT B IN BOOK 496 OF MAPS, PAGE 49, I ABANDONMENT OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. ALL EASEMENT VALUES ARE CALCULATED, U.N.O. UNE TABLE NO. BEARING DISTANCE Ll N.3.3'.3510011/. 31.18' 1.2 S.56'25'O0W 31.77' L3 N.27'3353W 103.13' L4 N.72'29152t. 16.53' m L5 5.33'35'00"E 34.49' 0 a CURVE TABLE NO. LENGTH DELTA RADIUS CHORD Cl 63.76' 09'08'00" 400.00' 5.38'09100*E c ec L 4 Etc c E LINE DATA . o \ 18-.03-017- 00 8 'Aar , t • Date 22252 so $ ;g:-- HPE ABANDONMENT ROBERT E. 05/01/18 ® u 1�ppq p a r 12807 N. SUNRIDGE DRIVE g6 • BY engineering consultants, Dc FOUNTAIN HILLS, AZ 85268 'CA .NSONI 1 GM REC 0 18223 w. orchid In. waddeil, az 85355 SEC. 17, T.3N., R.6E. 'R/ZONA ' - 1g Sheet o. ph:623.141.6220• e:geoffegg-maieng.com MARICOPA COUNTY, ARIZONA EXPIRES O6/30/2026 2 OF 2 • This drawing is an instrument of service. It is the property of g—mar engineering consultants, Ilc, and may not be reproduced or reproduction hereof used without permission.