HomeMy WebLinkAboutRes 1996-80•
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When Recorded Return to:
Town of Fountain Hills
Engineering Dept.
PO Box 17958
Fountain Hills,AZ 85269
WHEREAS,
RESOLUTION 1996-80
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWNOFFOUNTAIN HILLS,ARIZONA PURSUANTTO A.R.S.
§28-1901 EL SEQ.ABANDONING TO THE ADJACENT PROPERTY
OWNERS ALLRIGHT,TITLE OR INTEREST EXCEPTTHATAPUBLIC
UTILITY,DRAINAGE,SIDEWALK,LANDSCAPE,VEHICULAR NON-
ACCESSAND NON-BUILDING EASEMENT SHALL BE MAINTAINED,
INACERTAINPORTIONOFA PUBLIC RIGHT-OF-WAY,FOUND TO
BE NO LONGER NECESSARY FORPUBLIC VEHICULAR USE.
A.R.S.§28-1901 et.seq.providesforthe disposition of unnecessary public
roads;and
WHEREAS,The Town Councilofthe Town of Fountain Hills is thegoverningbodyofthe
Town;and
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Townof
Fountain Hills,Arizona,as follows:
SECTION 1.Thataforty(40)foot-wide portion of the Saguaro Boulevard Service Road
right-of-way asshown in Exhibit A is hereby declared to be nolonger
necessary for public use as right-of-way.
SECTION 2.That the Councilreservesapublic utility,drainage,sidewalk,landscape,
vehicular non-access and non-building easement over the portion of the
Saguaro Boulevard Service Road abandoned inthis action.
SECTION 3.That the Council determines this property can best be used to protect the
public health,safety and welfare of the adjacent property owners and the
citizensof 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 4.That upon recordation of this resolution intheofficeofthe Maricopa
County Recorder,title to the property shall 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.
Resolution 1996-80
Page 1 of 2 (PASS/fAIL
MOTION
SECOND
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PASSED AND ADOPTED this 21st day of November,1996.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
2AJzl
Jerold L/Miles^ayor
/Paul
Town Manager
Cassie B.Hansen
Town Clerk
APPROVED AS TO FQT^M:
Villiam E.FarrellWil
Town Attorney
Resolution 1996-80
Page 2 of 2
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TOWN OF FOUNTAIN HILLS
RIGHT-OF-WAY ABANDONMENT
EXHIBIT "B"
FIRST BAPTIST CHURCH (SERVICE ROAD
RIGHT-OF-WAY ABANDONED,0.7024 ACRES
CLEAR AIRE
SERVICE ROADRIGHTOFWAY,PUBLIC
UTILITY,DRAINAGE.SIDEWALK,LANDSCAPE
AND NON-BUILDING EASEMENTS RETAINED.
1'VNAE (EXCEPT AT TOWN-APPROVED DRIVEWAYS)
RETAINED