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Home My WebLink AboutOrd 1997-13 Cre ORDINANCE 97-13 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,PURSUANT TO A.R.S. § 9-407, AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY THE TOWN OF FOUNTAIN HILLS FOR CERTAIN REAL PROPERTY OF SUBSTANTIALLY EQUAL VALUE OWNED BY MCO PROPERTIES LIMITED PARTNERSHIP FOR THE PURPOSE OF SECURING A SITE FOR THE PROPOSED COMMUNITY CENTER PROJECT. WHEREAS,the citizens of Fountain Hills have expressed a desire for expanded community services and facilities; and WHEREAS,the Town of Fountain Hills desires to construct a community center to meet the needs of its growing population; and WHEREAS,the most appropriate and desirable site for a new community center is owned by MCO Properties Limited Partnership; and Cor WHEREAS,the site currently owner by the Town of Fountain Kills and designated for the new community center is located in an area that is no longer appropriate for such use; and WHEREAS, pursuant to A.R.S. § 9-407 (C) notice of the intent to exchange the parcels described herein was advertised in The Times of Fountain Kills on March 26, 1997, and on April 2, 1997; and WHEREAS,an appraisal was conducted and the parcels to be exchanged were declared to be of substantially equal value. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Mayor and Common Council of the Town of Fountain Kills, Arizona hereby declare that two parcels of certain real property, more definitely described in Exhibits A and B, attached hereto, are substantially equal in value. Section 2. That the Mayor and Common Council of the Town of Fountain Kills, Arizona hereby authorize the exchange of approximately 15 acres of certain real property owned by the Town known as the community center site, more definitely described in Exhibit A, attached hereto, for approximately 13.5 acres of certain real property owned by MCO Properties Limited Partnership, Lao- more more definitely described in Exhibit B, attached hereto. Ordinance 97-13 Page 1 of 2 .:97.13.01U) Section 3. That the Mayor, Town Manager, Town Clerk, and Town Attorney are hereby authorized and directed to execute all documents, pay all fees and do all acts necessary to complete the above-described exchange of real property. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 17th day of April, 1997. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Q3 Je Miles yor Cassie B. Hansen, Town Clerk RE WED BY: APPROVED AS TO FO . Paul L. Nordin, Town Manager 'am E. Farrell, own Attorney Ordinance 97-13 Page 2 of 2 8.�,.►3.«D EXHIBIT "A" ,, NEW TOWN CENTER PROPERTY NO. 211-007-1041661 A parcel of land being a portion of FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 208 as recorded on November 30, 1971 in Book 144 of Maps, Page 4 of the records of Maricopa County, Arizona and as shown in the Affidavits of Correction recorded October 19, 1972 in Docket 9768, Page 659 and recorded May 30, 1974 in Docket 10676, Page 710, and situated in Section 15, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian and including Lots 11 through 29, part of Lot 10, the Northwest 1 . 00 foot of Lot 30, and part of Parcel "A" all in Block 1 of said Plat 208 ; and Lots 8 through 29, part of Lots 30 through 33, the Northwest 1. 00 foot of Lot 7, and a part of Parcel "B" all in Block 2 of said Plat 208; together with a portion of Stewart Vista Drive (formerly Cascade Avenue) as shown on said Plat 208, said parcel being more particularly described as follows : COMMENCING at the intersection of El Lago Boulevard and La Montana Drive as shown on said Plat, thence North 20 degrees 38 minutes 08 seconds East along the centerline of La Montana Drive, a distance of 72 . 00 feet; thence South 69 degrees 21 minutes 52 seconds East a distance of 42 . 00 feet to the Easterly right of way line of said La Montana Drive, the POINT OF BEGINNING; 4110* thence North 20 degrees 38 minutes 08 seconds East along the said Easterly right of way line a distance of 1092 . 00 feet to the beginning of a tangent curve concave Southerly and having a radius of 30 . 00 feet; thence departing La Montana Drive around the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds an arc length of 47 .12 feet to the Southerly. right of way of Avenue of The Fountains; thence South 69 degrees 21 minutes 52 seconds East along said- Avenue, a distance of 481. 00 feet; thence departing Avenue Of The Fountains, South 20 degrees 38 minutes 08 seconds West a distance of 1152 . 00 feet to the Northerly right of way of El Lago Boulevard; thence North 69 degrees 21 minutes 52 seconds West along said Boulevard, a distance of 481. 00 feet to the beginning of a tangent curve concave Easterly and having a radius of 30 . 00 feet; • thence departing El Lago Boulevard along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds an arc length of 47 .12 feet to the POINT OF BEGINNING; EXCEPT all minerals as reserved unto the United States of America - in Patent of said land recorded February 28, 1956 in Docket 1839, page 426, records of Maricopa County, Arizona. - 2 - • • • DOWNTOWN PARCEL A PARCEL OF LAND BEING A PORTION OF FOUNTAIN HILLS ARIZONA,FINAL PLAT NO. 208 AS RECORDED ON NOVEMBER 30, 1971 IN BOOK 144, PAGE 4 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA, AND SITUATED IN SECTION 15,TOWNSHIP 3 NORTH RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN AND INCLUDING LOTS 11 THROUGH 29, PART OF LOT 10,THE NORTHWEST 1.00 FOOT OF LOT 30, AND PART OF PARCEL "A" ALL IN BLOCK 1 OF SAID PLAT 208; AND LOTS 8 THROUGH 29, PART OF LOTS 30 THROUGH 33,THE NORTHWEST 1.00 FOOT OF LOT 7,AND A PART OF PARCEL "B" ALL IN BLOCK 2 OF SAID PLAT 208; TOGETHER WITH A PORTION OF STEWART VISTA DRIVE AS SHOWN ON SAID PLAT 208, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF EL LAGO BOULEVARD AND LA MONTANA DRIVE AS SHOWN ON SAID PLAT 208, THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST ALONG THE CENTERLINE OF LA MONTANA DRIVE, A DISTANCE OF 72.00 FEET;THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST A DISTANCE OF 42.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID LA MONTANA DRIVE, THE POINT OF BEGINNING; THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST ALONG THE SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1092.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE DEPARTING LA MONTANA DRIVE AROUND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS AND ARC LENGTH OF 47.12 FEET TO THE SOUTHERLY RIGHT OF WAY OF AVENUE OF THE FOUNTAINS;THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST ALONG SAID AVENUE, A DISTANCE OF 481.00 FEET; THENCE DEPARTING AVENUE OF THE FOUNTAINS, SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST A DISTANCE OF 1152.00 FEET TO THE NORTHERLY RIGHT OF WAY OF EL LAGO BOULEVARD; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST ALONG SAID BOULEVARD, A DISTANCE OF 481.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE DEPARTING EL LAGO BOULEVARD ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS AND ARC LENGTH OF 47.12 FEET TO THE POINT OF BEGINNING. 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Anderson-Nelson, km.1 CIVIL MODEM= - LAM nitYLIVICI • t. CONSULTANTS 1 WI DIST 60:000ELL 6000,11.1000‘AL II6006(0010 273-1100 k SUU217/0 car 0•32)754-7372-Fvuomat NILS(W)677-0332 LEGAL NO. 958 „elm. 7.1 DATE BY il REVISIONS le RD44,103 NO.r fff IREASIONS.16 1630,663 SCALE: 1" . 200' ::. , 042...0,1 BY CESCHED BY [APPFA6 BY CFE SHT.0 OF 0