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HomeMy WebLinkAboutRes 1992-230 RESOLUTION 92 -23 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING CERTAIN EASEMENTS FOR PUBLIC RIGHTS -OF -WAY TO WIT LOTS 66 AND 67 OF BLOCK 4; PLAT 507 -A AND THOSE PORTIONS OF ZAPATA DRIVE ADJACENT TO SAID LOTS; LOTS 1 TO 63 IN BLOCK 1; LOTS 1 TO 30 IN BLOCK 2 AND LOTS 1 TO 9 IN BLOCK 3 OF PLAT 507 -C AND THOSE PORTIONS OF ZAPATA DRIVE, ZAPATA COURT, ZAPATA PLACE, ZAPATA PLAZA, ZAPATA LANE, ZAPATA CIRCLE, MONTEZUMA COURT, MAYAN DRIVE, MAYAN PLACE AND MONTEZUMA BOULEVARD ADJACENT TO SAID LOTS; LOT 1 IN BLOCK 2; LOTS 1 TO 7 IN BLOCK 3; AND LOTS 1 TO 4 IN BLOCK 4 OF PLAT 507 -D AND THOSE PORTIONS OF ZAPATA DRIVE, MAYAN DRIVE AND MONTEZUMA BOULEVARD ADJACENT TO SAID LOTS; DECLARING SAID EASEMENTS AND RIGHTS -OF -WAY TO BE NO LONGER OF PUBLIC USE; ABANDONING SAID RIGHTS TO THE ABUTTING OWNERS OF RECORD AND DIRECTING THE TOWN COUNCIL TO RECORD THIS RESOLUTION IN THE OFFICE OF THE MARICOPA COUNTY RECORDER. WHEREAS, The Town Council of the Fountain Hills, Arizona, as the governing body of real property located in the Town of Fountain Hills may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within existing subdivisions; and WHEREAS, The Town Council of the Town of Fountain Hills, Arizona has the authority to abandon public rights -of -way pursuant to A.R.S. 28 -1901 et. seq. and replat existing subdivisions; pursuant to A.R.S. 9 -463 et. seq.; and WHEREAS, The owner of Plat 507 -A, Block 4; Plat 507 -C, Blocks 1, 2, and 3; and Plat 507 - D, Blocks 2,3, and 4, desires to replat this land area into a new Plat known as Plat 509; and WHEREAS, Plat 509 will have a new configuration of lots and a new street right -of -way configuration that will be dedicated to the public on the final plat; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: Section 1. That pursuant to A.R.S. 28 -1301 et. seq. the Council finds that public rights - of- ways known as Zapata Drive adjacent to Lots 66 and 67 of Block 4 in Plat 507 -A recorded in Book 165 at Page 41; Zapata Drive, Zapata Court, Zapata Place, Zapata Plaza, Zapata Lane, Zapata Circle, Montezuma Court, Mayan Drive, Mayan Place and Montezuma Boulevard adjacent to Lots 1 to 63 of Block 1; Lots 1 to 30 in Block 2; and Lots 1 to 9 in Block 3 of Plat 507 -C recorded in Book 165 at Page 39; Zapata Drive, Mayan Drive and Montezuma Boulevard adjacent to Lot 1 in Block 2; Lots 1 to 7 in Block 3; and Lots 1 to 4 in Block 4 of Plat 507 -D recorded in Book 165 at Page 42, are no longer necessary for public use as roadways and are abandoned to the owners of record of the adjacent property. Section 2. That all easements shown on the lots set forth in Section 1 above are also abandoned. Section 3. That the Town Clerk is directed to record a certified copy of this Resolution, after adoption, in the office of the County Recorder of Maricopa County. PASSED AND ADOPTED this 20 day of August, 1992. ATTEST: FOR THE TOWN OF FOUJNT4UN HILLS 6. ayv� Cassie B. Hansen 4ohn M. Cutillo, Mayor Town Clerk WED BY: l i Paul . Nordin, Town Manager APPROVED AS TO FORM: &2L, PE� William E. Farrell, Town Attorney