HomeMy WebLinkAboutRes 1995-68c
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Town of Fountain Hills
Engineering Dept.
POBox 17958
Fountain Hills,AZ 85269
RESOLUTION 1995-68
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
OWNERS ALLRIGHT,TITLE OR INTERESTIN CERTAIN PUBLIC
RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT
NUMBER 302,BLOCK 4 AS RECORDED IN BOOK 156,PAGE 45
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.seq.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 the 30'public alleys,located within Plat 302,Block4,adjacent to Lots
1,2,3,4,5,6 and 7,Book 156,Page 45,Maricopa County Recorder
Records as depicted in"ExhibitA"attached hereto and incorporated herein
is hereby declared to be no longer necessary for public use as right-of-way.
SECTION 2.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 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 3.That upon recordation of this resolution in the office of the Maricopa
County Recorder,title to 15'of the adjacent alley depicted in"ExhibitA"
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 1995-68
Page 1 of 2
^PASS/JAIL
^MOTION C(ftr<.-
second la*pri^q
COUNT ^~Q
ll-ll*-<iZ
SECTION 4.That a public utility easement,drainage easement,and joint-use private
access easement shall be retained as shown in "Exhibit A".Fences are
permitted along the centerline of,and across,the retained public utility
and drainage easement (but not the joint-use private access easement);
provided,however,that a minimum 10'wide gate with padlockable
access for any and allutilities shall be placed at any fence crossing the
retained public utility easement;and provided that suitable drainage
openings are provided in the fence.
PASSED AND ADOPTED this 16th day of November,1995.
FOR THET OUNTAIN HILLS:ATTEST:
JohryfVK Cutillo,Mayor
Town Manager
(am^\Sg
Cassie B.Hansen
Town Clerk
APPROVED AS TO FO
William E.Farrell
Town Attorney
Resolution 1995-68
Page 2 of 2
A=4'10'27"
R=942.00'
L=68.63'
A=03-35'51"
R=1095.00'
L=30.79'
PRELIMINAR
PLAT 302
THE JOINT PRIVATE ACCESS EASEMENT RETAINED
NOTED SHALL BE FOR THE BENEFIT OF THE
OWNERS OF LOTS 5,6 AND 7;AND ALLOW USE
BY THEIR OWNERS,CUSTOMERS,CONTRACTORS,
EMPLOYEES AND PERMITEES.
EXHIBIT
L=90'00'0'
=20.00'
=31.42'
ALLEY RIGHT-OF-WAY ABANDONED,
PUBLIC UTILITY EASEMENT &
DRAINAGE EASEMENT RETAINED.