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HomeMy WebLinkAboutRes 2024-32 RESOLUTION 2024-32 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 THE 30' PUBLIC ALLEYS ALONG THE WEST AND NORTH SIDES OF PLAT 205, BLOCK 1, LOT 2 (16910 E COLONY DRIVE), FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 16 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER. RECITALS: WHEREAS, A.R.S §28-1901 et. seq. provides for the disposition of unnecessary public roads, including alleys; 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 alleys located at the west and north sides of Plat 205, Block 1, Lot 2 (16910 E Colony Drive), as recorded in Book 141, Page 16, Maricopa County Recorder Records, and as more particularly described in Exhibit A attached hereto and incorporated herein by reference will hereby be 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 inie office of the Maricopa County Recorder, title to the abandoned public alleys as depicted on Exhibit hall vest in the owner of record of the adjacent property owner, Plat 205, Block 2, Lot 1 (16910 E Colony Drive)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 a portion of the former public alley on the north side of the lot. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 20th day of August, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTE D TO: jo1 . Gin4 Dickey, Mayor Town Clerk V-\a\\\ -z5 \r\\L- REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Inte im Town Manager Aaron D. Arson, Town Attorney Exhibit A LEGAL DESCRIPTION RIGHT OF WAY ABANDONMENT FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 205, BLOCK 1, A PORTION OF ALLEY A portion of Alley as shown on Fountain Hills Arizona Final Plat No. 205, Block 1, Book 141, Page 16 of the Records of Maricopa County, Arizona and situated in the southwest quarter of Section 14 and northwest quarter of Section 23, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the northeast corner of Lot 1, Block 1 of said Final Plat No. 205 and northwest corner right-of-way of Alley, as shown on said Final Plat No. 205, said point being the POINT OF BEGINNING; Thence departing the northeast corner Lot 1 of said Final Plat No. 205 south 88 degrees 50 minutes 00 seconds east along said northerly right-of-way of Alley, a distance of 112.60 feet; Thence departing said northerly right-of-way of Alley south 01 degrees 10 minutes 00 seconds west, a distance of 30.00 feet to a point on the southerly said right-of-way of Alley, said point also being on the northerly property line of Lot 2 as shown on said Final Plat No. 205; Thence north 88 degrees 50 minutes 00 seconds west, a distance of 61.71 feet to the beginning of a tangent curve being concave southeasterly and having a radius of 20.00 feet; Thence southwesterly along the arc of said curve through a central angle of 92 degrees 52 minutes 20 seconds, an arc length of 32.42 feet to the beginning of a tangent curve being concave easterly and having a radius of 725.00 feet; Thence southerly along the arc of said curve through a central angle of 13 degrees 44 minutes 07 seconds, an arc length of 173.80 feet to the beginning of a tangent curve being concave northeasterly and having a radius of 20.00 feet to a point on the northerly right-of- way of Colony Drive as shown on said Final Plat No. 205 and the beginning of a non- tangent curve being concave southeasterly and having a radius of 830.00 feet; Thence departing the westerly property line Lot 2 of said Final Plat No. 205 and along the arc of said curve through a central angle of 00 degrees 51 minutes 48 seconds, an arc length of 12.51 feet; Thence south 70 degrees 30 minutes 00 seconds west, a distance of 57.34 feet to a point on the easterly property line of Lot 1 of said Final Plat No. 205 and the beginning of a non- tangent curve being concave northwesterly and having a radius of 20.00 feet; Thence along the arc of said curve through a central angle of 86 degrees 18 minutes 03 seconds, an arc length of 30.13 feet to the beginning of a tangent curve being concave easterly and having a radius of 755.00 feet; Thence along the arc of said curve through a central angle of 16 degrees 58 minutes 03 seconds and an arc length of 223.58 feet; Thence north 01 degrees 10 minutes 00 seconds east, a distance of 14.67 feet to the POINT OF BEGINNING; This Right of Way Abandonment contains an area of 10,287.49 square feet or 0.236 acres more or less. TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ABANDONMENT EXHIBIT "B" A24-000012 FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 205, BLOCK 1 , LOTS 1 AND 2 COLONY WASH N01'10'00"E P.O.B. S88'50'00"E i/- 14.67' 97'59 S01'10'00"W --_ S88'50'00 E-112.60' _ 30.00' _i s88•50'00"E-190.00' }-- — PIrrAirlorA�' ALLEY -- TN01'10'00"E I---- , lgy Ayer ,� N88'S0'00"W RETAIN 8' 14.67' ,,/ i 92.47' -CENTURY LINK N01'10'00"E N88'S0'00"W I EASEMENT 15.00' 'L / 61.71' PROPOSED UTILITY p= 92 52'20" EASEMENT R = 20.00' / L = 32.42' Z LOT 1 `f LOT 2 �'-` LOT 3 1 AREA=55,169.21 SF AREA=23,825.23SFo p= 16'58'03" r� R = 755.00' Ill p= 13'44'07" L = 223.58' "� R = 725.00' I L = 173.80' w1 0 G A = 18'19'08" A = 93'11'42" p= 17°34'05" R = 740.00' iirkl R = 20.00' i R = 945.00' L = 236.58' L = 32.53' 0 L = 289.76' Op'05 I , , ,001.4 0, a V--% D.o a 1 p= 86'18'03" i, R- 3 R = 20.00' i` „ L = 30.13' i A= 93'05 55 - 55' R = 20.00' 150?6 R/w L = 32.50' 0�'E ,I-Il - N-1a g0 O� 0.. p= 00'51'48" R = 830.00' \ �.��'�/ / o: L = 12.51' \ — S70'30'00"W \ra �� i 57.34' N 1\ �� ABANDON RIGHT-OF-WAY, �11 ,//-- (UTILITY EASEMENTS TO BE Q��f� ; W F ESTABLISHED UNDER SEPARATE /� 45� ti `IJ INSTRUMENT) S It %, '�'' 0 30' so' RIGHT-OF-WAY ABANDONMENT AREAS: ,. e� ati�`�' LOT 1 : 3,885.98 SF S'9ned'\� SCALE: LOT 2 6,401.51 SF Fp/ ' �ol�otis. e, DATE: 7-24-24 TOTAL : 10,287.49 SF OR 0.236 AC es:9/3