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HomeMy WebLinkAboutRes 1994-68NifeW \ijp/ RESOLUTION 1994-68 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 Lots8 and 9,Block 1,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 1994-68 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 15th day of December,1994. FOR TH&TOWN OFJ=OUNTAIN HILLS:ATTEST: JohrfM/Cutillo,Mayor Cassie B.Hansen Town Clerk JEWED BY:APPRpVED AS TO FORM: ruui L.Nordin William E.Farrell Town Manager Town Attorney C Resolution 1994-68 Page 2 of 2 FOUNTAIN VIEW FINAL PLAT LOT 1 LEGAL DESCRIPTION FOR PUBLIC UTILITY AND DRAINAGE EASEMENT &SIDEWALK,LANDSCAPE AND NON-BUILDING EASEMENT. Beginning at the Northwest corner of said Lot 1; Thence South 69 Degrees 21 Minutes 52 Seconds East, a distance of 276.88 feet along the Northwest line of said Lot 1; Thence Easterly along a curve concave to the Southwest through a central angle of 90 Degrees 00 Minutes 00 Seconds an arc distance of 31.42 feet, with a radius of 20.00 feet and having a chord bearing South 24 Degrees 21 Minutes 52 Seconds East with a distance of 28.28 feet along a line of said Lot 1; Thence South 20 Degrees 38 Minutes 08 Seconds West, a distance of 20.00 feet along the Easterly line of said Lot 1,to the Southeast corner of a 40'Public Utility Easement; Thence North 69 Degrees 21 Minutes 52 Seconds West, a distance of 296.88 feet along the South line of said Easement to a point on the West line of said Lot 1; Thence North 20 Degrees 38 Minutes 08 Seconds East, a distance of 40.00 feet along said West line of said Lot 1 to the POINT OF BEGINNING. Containing 11789.36 square feet or 0.27 acres, more or less, subject to all existing easements. EXHIBIT A) FOUNTAIN VIEW ? FINAL PLAT LOT 1 N20'38'08ME GRAPHIC SCALE r i en o* ho 5; ( IN FEET ) 1 inch =60 ft. 271.58' NON-BUILDING AIR SPACE EASEMENT •"i 40.00' P.U.E. k D.E. &SIDEWALK LANDSCAPE k\ N0N-BUtU>Ni EASEMENT I % CT> CO n3 en ho L0T1 L=12.79' A=36\38'23* R=20.00'- 1=16.50' A =02*42'04' R=350.00' L-N ^^O'OO"W 35.72' -fr\09.6 5' <t VERDE L=107.35' A=136*41'52 R=45.00' (EXHIBIT ro bo 00 m > o o CD o c =31.42' =90*00'00" =20.00*