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HomeMy WebLinkAboutRes 1994-13c ^fejffna/ RESOLUTION 1994-13 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT TO A.R.S. §28-1901 EL SEQ-ABANDONING TO THE ADJACENT PROPERTY OWNER ALL RIGHT,TITLE OR INTEREST,EXCEPT THAT A RIGHT-OF- WAY,PUBLIC UTILITY,DRAINAGE, AND LANDSCAPE EASEMENT SHALL BE MAINTAINED, IN A CERTAIN PORTION OF A PUBLIC RIGHT-OF-WAY,FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. WHEREAS,A.R.S.§28-1901 et.seg.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;and NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of Fountain Hills,Arizona,as follows: SECTION 1.That a ten (10)foot-wide portion of the Shea Boulevard right-of-way, located adjacent to the southwestern property line of the Crossroads Convenience Center subdivision,Book 336,Page 1,Maricopa County Recorder Records and legally described in Exhibit A 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 Shea Boulevard right-of-wayfound to be no longernecessary for publicuse is depicted in Exhibit Battached hereto and incorporated herein by reference. SECTION 3.That the Council reserves a Right-of-Way,Public Utility,Drainage,and Landscape Easement over the portion of Shea Boulevard abandoned in this action,which is legally described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by reference. Resolution 1994-13 Page 1 of 2 L SECTION 4.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 citizens of the Town and therefore declares that the value of the property is the 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 of this resolution in the office of the Maricopa County Recorder,title to the property legally described in Exhibit A and depicted in Exhibit B 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. PASSED AND ADOPTED this 21st day of April, 1994. FOR THE TOWN,OF FOUNTAIN HILLS:ATTEST: JcfinK/l.Cutillo,Mayor Paul L.Nordin Town Manager "JUlA^ Cassie B.Hansen Town Clerk William E.Farrell Town Attorney Resolution 1994-13 Page 2 of 2 c •n 2828 North 44th Street Suite 100 Phoenix,AZ 85008 (602)957-3350 FAX: (602)956-5488 April 11,1994 Rick No 1587 SCB PARTIAL SHEA BOULEVARD RIGHT-OF-WAY ABANDONMENT (Easement for right-of-way,drainage,public utilities and landscaping to be retained) A portion of the south half of Section 26,Township 3 North,Range 6 East,Gila and Salt River Base and Meridian,Maricopa County,Arizona,being more particularly described as follows: BEGINNING at the intersection of the easterly right-of-way line of Shea Boulevard with the south line of said Section 26 as shown on the Final Plat of CROSSROADS CONVENIENCE CENTER recorded in Book 336,Page 1 of Maricopa County records; THENCE S89°52'59"W,along said south line,11.59 feet; THENCE N30°27'irW,471.08 feet to the beginning of a curvewith a radius of 6987.49 feet to the left; THENCE northwesterly,along the arc of said curve,through a central angle of 04°07,52M, for an arc distance of 503.81 feet to the beginning of a non-tangent line; THENCE N55°24'5T'E,10.00 feet to a point onthe said easterly right-of-way line of Shea Boulevard marking the beginning of a non-tangent curve,the center of which bears S55°24'57"W,6997.49 feet; THENCE southeasterly,along said easterly right-of-way line and along the arc of said curve to the right,through a central angle of 04°07,52w for an arc distance of 504.53 feet; THENCE S30°27'irE,continuing along said right-of-way line,476.93 feet to the POINT OF BEGINNING,as shown on Exhibit "A"attached herewith as page 2of2.Subject parcel comprising 9782 square feet,more or less,and subject to all easements of record. Rick engineering Company EXHIBIT "A" Site/ \te/ y^m/ R-6987.49* L-503.8V Q=*04*0r52 1"=100' 17.59* S UNE SEC 26 EXHIBIT "B1