HomeMy WebLinkAboutRes 2024-29RESOLUTION 2024-29
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, PURSUANT TO A.R.S § 28-1901 ET. SEQ. ABANDONING
ALL RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF RIGHT-OF-WAY
OF PALISADES BOULEVARD, LOCATED WITHIN FOUNTAIN HILLS PLAT 602-
A, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42 OF THE RECORDS OF
THE MARICOPA COUNTY RECORDER, WHICH HAVE BEEN FOUND TO BE
NO LONGER NECESSARY
RECITALS:
WHEREAS, A.R.S § 28-1901 et. seq. provides for the disposition of unnecessary public roads;
and
WHEREAS, The Town Council of the Town of Fountain Hills is the governing body of the Town.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That the public right-of-way located within Plat 602-A, as recorded in Book 161, Page 42,
Maricopa County Recorder Records as depicted in Exhibits A and B attached hereto and incorporated
herein is hereby declared to be no longer necessary for public use as a right-of-way.
SECTION 2. That the Council determines this property can best be used to protect the public health,
safety and welfare of the adjacent property owner and the citizens of the Town and therefore declares
that the value of the property is de minimis and that no compensation is required from the adjacent
property owners pursuant to A.R.S. § 28-1902.A.3 and § 28-1902.A.5.
SECTION 3. That upon recordation of this resolution in the office of the Maricopa County Recorder, title
to the abandoned right-of-way as depicted on Exhibit B shall vest in the owner of record of the adjacent
property owner (Plat 602-A, Block 1, Lot 1 (15407 E Palisades Boulevard) as determined by the records
of the Maricopa County Recorder on the day of recordation, subject to the easements retained.
SECTION 4. That following the abandonment, the new owner of record agrees to grant a public utility
easement over the former right-of-way.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 18th day
of June, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:
!Vn c`.)
Ginny Dickey, Mayor
REVIEWED BY:
Rachael Goo- n Manager
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arson, Town Attorney
Exhibit A
PALISADES BOULEVARD
RIGHT OF WAY ABANDONMENT
LEGAL DESCRIPTION
That portion of Fountain Hills Arizona Final Plat No. 602-A, Book 161, Page 42 of the
Records of Maricopa County, Arizona and situated in the southwest quarter of Section 16
Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona, described as follows:
Commencing at a point being the most northerly corner Lot 1, Block 1, of said Fountain
Hills Arizona Final Plat No. 602-A, said point being the POINT OF BEGINNING;
Said point is the beginning of a curve, which is the boundary common to said lot 1 and the
right of way of Palisades Boulevard, from which the center bears north 53 degrees 00
minutes 00 seconds west.
Thence southwesterly along said curve, having a radius of 1055.00 feet, a central angle of
09 degrees 01 minutes 37 seconds and an arc length of 166.22 feet to a point of reverse
curvature;
Thence along a reverse curve concave east, having a radius of 20.00 feet, a central angle
of 86 degrees 41 minutes 37 seconds and an arc length of 30.26 feet to a point on the
southwest line of said Lot 1:
Thence north 40 degrees 40 minutes 00 seconds west along the prolongation of the
southwest line of said Lot 1. a distance of 14.03 feet;
Thence northeasterly along a tangential curve, concave east, having a radius of 20.00
feet, a central angle of 86 degrees 63 minutes 12 seconds and an arc length of 30.24 feet,
to a point of reverse curvature;
Thence northwesterly along a reverse curve, concave northwest, having a radius of
1041.00 feet, a central angle of 8 degrees 98 minutes 29 seconds and an arc length of
163.21 feet to a point;
Thence south 53 degrees 00 minutes 00 seconds east, a distance of 14.00 feet, to the
POINT OF BEGINNING.
This Right of Way Abandonment contains an area of 2,770.08 square feet or 0.064 acres
more or less.
TOWN OF FOUNTAIN HILLS
RIGHT-OF-WAY ABANDONMENT
EXHIBIT "B"
A24-000008
FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 602-A, MCR 161-42
PALISADES BLVD
EL LAGO BLVD
NO VEHICULAR ACCESS
0=86'63'12"
R
0'
L=30.024FR
Nl_ _ - / �//// V-VAGE RD
- - - N
/
N 40'40 00�, W I�
14.03'—�• L + = 86'41 37" p=09'01'37" / POINT
OF
R = 20.00'
L = 30.26' L=166.22' BEGINNING
L = 101'28'17"— \
R = 45.00' �� o�
oon
L = 79.70' �`� ��
I
o N. LOT 1, BLOCK 1, PLAT 602-A
R' I o P FOUNTAIN HILLS ARIZONA -,\ i
42' z MCR 161-42 l �,
RAW L
_! W
N49'20'00"E - 169.29'N_ LOT 2
10' P.U.E. & D.E. I \-\
LOT 49
N53'00'00"W
14.00'
0
0 20' 40'
SCALE: 1' - 40'
DATE: 5-13-24
L = 08'98'29"
R = 1041.00'
L = 163.21'
ABANDON RIGHT-OF-WAY,
-I PUBLIC UTILITY EASEMENT TO BE
ESTABLISHED UNDER SEPARATE
INSTRUMENT.
RIGHT OF WAY ABANDONMENT AREA: 2,770.08 SF