HomeMy WebLinkAboutRes 1994-54RESOLUTION 1994-54
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 IN CERTAIN PORTIONS OF
PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS
FINAL PLAT NUMBER 507-D AS RECORDED IN BOOK 165,PAGE
42 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER
AND WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 507-E AS
RECORDED IN BOOK 165,PAGE 43 OF THE RECORDS OF THE
MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO
BE NO LONGER NECESSARY FOR PUBLIC 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 portion of the Montezuma Circle right-of-way,located within the Plat
507-E subdivision,Book 165,Page 43,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 a portion of the Castillo Drive right-of-way,located within the Plat 507-
D subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "Exhibit B"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
SECTION 3.That a portion of the Castillo Drive right-of-way,located within the Plat 507-
D subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "Exhibit C"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
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SECTION 4.That a portion of the Castillo Drive right-of-way,located within the Plat 507-
D subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "Exhibit D"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
SECTION 5.That a portion of the Castillo Drive right-of-way,located within the Plat 507-
D subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "Exhibit E"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
SECTION 6.That a portion of the Avila Drive right-of-way,located within the Plat 507-D
subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "Exhibit F"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
SECTION 7.That a portion of the Avila Drive right-of-way,located within the Plat 507-D
subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "ExhibitG"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
SECTION 8.That a portion of the Avila Drive right-of-way,located within the Plat 507-D
subdivision,Book 165,Page 42,Maricopa County Recorder Records and
legally described in "Exhibit H"attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as right-of-way.
SECTION 9.That a portion of the Avila Lane (now known as Zamora Plaza)right-of-way,
located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa
County Recorder Records and legally described in "Exhibit I"attached
hereto and incorporated herein is hereby declared to be no longer
necessary for public use as right-of-way.
SECTION 10.That a portion of the Ortega Drive (now known as Mayan Drive)right-of-
way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa
County Recorder Records and legally described in "Exhibit J"attached
hereto and Incorporated herein is hereby declared to be no longer
necessary for public use as right-of-way.
SECTION 11.That a portion of the Ortega Drive (now known as Mayan Drive)right-of-
way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa
County Recorder Records and legally described in "Exhibit K"attached
hereto and incorporated herein is hereby declared to be no longer
necessary for public use as right-of-way.
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SECTION 12.That a portion of the Ortega Place (now known as Santiago Place)right-of-
way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa
County Recorder Records and legally described in "Exhibit L"attached
hereto and incorporated herein is hereby declared to be no longer
necessary for public use as right-of-way.
SECTION 13.That a portion of the Ortega Place (now known as Santiago Place)right-of-
way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa
County Recorder Records and legally described in "Exhibit M"attached
hereto and incorporated herein is hereby declared to be no longer
necessary for public use as right-of-way.
SECTION 14.That a portion of the Delgado Drive right-of-way,located within the Plat
507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records
and legally described in "Exhibit N"attached hereto and incorporated
herein is hereby declared to be no longer necessary for public use as right-
of-way.
SECTION 15.That a portion of the Delgado Drive right-of-way,located within the Plat
507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records
and legally described in "Exhibit O"attached hereto and incorporated
herein Is hereby declared to be no longer necessary for public use as right-
of-way.
SECTION 16.That a portion of the Delgado Drive right-of-way,located within the Plat
507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records
and legally described in "Exhibit P"attached hereto and incorporated
herein is hereby declared to be no longer necessary for public use as right-
of-way.
SECTION 17.That a portion of the Delgado Drive right-of-way,located within the Plat
507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records
and legally described in "Exhibit Q"attached hereto and incorporated
herein Is hereby declared to be no longer necessary for public use as right-
of-way.
SECTION 18.That the specific portions of the above-mentioned rights-of-way found to
be no longer necessary for public use are depicted in "Exhibit A-l"through
"Exhibit Q-l"attached hereto and incorporated herein by reference.
SECTION 19.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.
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SECTION 20.That upon recordation of this resolution in the office of the Maricopa
County Recorder,title to the property legally described in "Exhibit A"
through "Exhibit Q"and depicted in "Exhibit A-1"through "Exhibit Q-1"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 3rd day of November,1994.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
JohrOOl.Cutillo,Mayor
lull.Nordin
Town Manager
Cassie B.Hansen
Town Clerk
APPROVED AS TO FORM:
i t7 /William E.Farrell
Town Attorney
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