HomeMy WebLinkAboutRes 1994-47RESOLUTION 1994-47
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 PUBLIC
UTILITY,DRAINAGE,SIDEWALK,LANDSCAPE AND NON-
BUILDING EASEMENT SHALL BE MAINTAINED,IN A CERTAIN
PORTION OF A PUBLIC RIGHT-OF-WAY,FOUND TO BE 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,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 forty (40)foot-wide portion of the El Lago Boulevard Service Road
right-of-way,located adjacent to the northern property line of Lots 1 and
3,Block 2,Fountain Hills Final Plat Number 207,Book 147,Page 6,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 El Lago Boulevard Service Road right-of-way
found to be no longer necessary for public use is depicted in Exhibit B
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 in this action,which is legally described in Exhibit
A and depicted in Exhibit B attached hereto and incorporated herein by
reference.
Resolution 1994-47
Page 1 of 2
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 6th day of October,1994.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
JohnM Cutillo,Mayor
Paul L.Nordin
Town Manager
Cassie B.Hansen
Town Clerk
APPj?Oy£p^S TO FQfc
William E.Farrell
Town Attorney
Resolution 1994-47
Page 2 of 2
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EXHIBIT "A"
A portion of the El Lago Boulevard Service Road,located adjacent to the Northern Property Line
of Lots 1 and 3,Block 2,Fountain Hills Arizona Final Plat Number 207,Book 147,Page 6,
Maricopa County Recorder,Maricopa County,Arizona,more particularly described as follows:
Beginning at the Northwest corner ofLot4,Block 2,Fountain Hills,Arizona final Plat 207;
Thence N 69-21-52 W,386.17 feet,toa point onthe East Right-of-Way of Verde River Drive;
Thence N 20-38-08 E, 20.00 feet,along said Right-of-Way line;
Thence Northeasterly along an arc concave to the East,an arc distance of 31.42 feet,said arc
having a Radius of 20.00 feet and a delta angle of 90-00-00;
Thence S 69-21-52 E,331.17 feet;
Thence S 24-21-52 E,49.49 feet,to a point ontheWest line of said Lot 4;
Thence S 20-38-08 W,along said West line of said Lot 4,5.00 feet to the Point of Beginning.
Containing 14,748.62 square feet,more or less,subject to all existing easements.
R=20.00'
L=31.42'
A=90-00'00
EXHIBIT "B"
A portion of the El Lago Boulevard Service Road
Fountain Hills,Arizona Final Plat 207
Fountain Hills,Arizona
Book 147 Page 6
Maricopa County Records
Maricopa County,Arizona
SCALE:1" =60'
P.O.B.