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When Recorded Return to:
Town of Fountain Hills
Engineering Dept.
POBox 17958
Fountain Hills,AZ 85269
RESOLUTION 1996-62
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT TO A.R.S.
§28-1901 ET.SEQ.ABANDONING TOTHE ADJACENT PROPERTY
OWNERS ALLRIGHT,TITLE OR INTEREST EXCEPT THATAPUBLIC
UTILITY,DRAINAGE,SIDEWALK,LANDSCAPE AND NON-
BUILDINGEASEMENTSHALLBE MAINTAINED,INACERTAIN
PORTIONOFAPUBLIC RIGHT-OF-WAY,FOUNDTOBE NO
LONGER NECESSARY FOR PUBLIC VEHICULAR USE.
WHEREAS,A.R.S.§28-1901 et.sea,provides for the disposition of unnecessary public
roads;and
WHEREAS,TheTown Council of the Townof Fountain Hills is the governing body of the
Town;and
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.That aforty(40)foot-wide portion of the El Lago Boulevard Service Road
right-of-way,located adjacent to the northern property line of Lots 5,6 and
7,Block1,Fountain Hills Final Plat Number 207,Book147,Page 6,Maricopa
County Recorder Records and legally described inExhibitA attached
hereto and incorporated herein is hereby declared to be no longer
necessary for public use as right-of-way.
SECTION 2.That the specific portion of the El Lago Boulevard Service Road right-of-way
found to be no longer necessary for public use is depicted inExhibitB
attached hereto and incorporated herein by reference.
SECTION 3.That the Council reserves a Public Utility,Drainage,Sidewalk,Landscape
and Non-Building Easement over the portion of the El Lago Boulevard
Service Road abandoned inthis action,which is legally described inExhibit
A and depicted inExhibitB attached hereto and incorporated herein by
reference.
Resolution 1996-62
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SECTION 4.That the Councildetermines this property can best be usedto protect the
public health,safety and welfare of the adjacent property owners and the
citizensof the Town and therefore declares that the value oftheproperty
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 5.That upon recordation ofthisresolutionin the officeof the Maricopa
County Recorder,titleto the property legally described in Exhibit A and
depicted in Exhibit Bshall vest in the owners of record of the adjacent
property as determined by the records of the Maricopa County Recorder
on the day of recordation.
PASSED AND ADOPTED this 15th day of August,1996.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
Jerold LMiles,Mayor
7
Paul7^Nordin
Town Manager
Cassie B.Hansen
Town Clerk
APPROVED AS TO FORf
William E.Farrell
Town Attorney
Resolution 1996-62
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