HomeMy WebLinkAboutRes 2015-03RESOLUTION NO.2015-03
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN
OF FOUNTAIN HILLS,ARIZONA,PURSUANT TOARIZ.REV.STAT.
§28-7201 ET SEQ.,EXCHANGING CERTAIN PUBLIC ROADWAY
LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS WHICH HAS
BEEN FOUND TOBENO LONGER NECESSARY FOR PUBLIC USE.
WHEREAS,the Town of Fountain Hills (the "Town")and MCO Properties LP entered
into a Final Settlement Agreement,dated December 4,2001 (the "Original Agreement"),which
provided forthe approval ofa Final Plat of Eagle Ridge North,which was recorded on
December 20,2001,in the Official Records of Maricopa County,Arizona,at Recorder's No.
2001-1201370 (the"OriginalMasterPlat");and
WHEREAS,the Original Master Plat provided for dedication of Eagle Ridge Drive to
the Town,including an easement for utility and service providers;and
WHEREAS,the Town and MCO Properties Inc.,a Delaware corporation (successor in
interest to MCO Properties,LP),EN LLC,a Delaware limited liability company and Adero
Canyon LLC,a Delaware limited liability company (collectively the "Developer Parties")
entered into an Amended and Restated Final Settlement Agreement (the "Agreement")that was
approved by the Mayor and Town Council of the Town of Fountain Hills (the "Town Council")
on May 1,2014 (Resolution No.2014-08)and recorded on May 14,2014,inthe Official
Records of Maricopa County,Arizona,atRecorder'sNo.2014-0314508;and
WHEREAS,the scope of the development that is the subject of the Original Agreement
andthe Restated Agreement has changed,which change will necessitate the abandonment of
Eagle Ridge Drive and subsequent dedication ofa new substitute public roadway;and
WHEREAS,Ariz.Rev.Stat.§28-7201 et seq.provides for the disposition of
unnecessary public roadways;and
WHEREAS,the Mayor and Town Council desire to exchange Eagle Ridge Drive for a
new substitute public roadway of substantially equalsize pursuant toAriz.Rev.Stat.
§28-7203;and
WHEREAS,becauseEagleRidgeDrivewasnotconstructed,noutilitieshavebeen
installedwithinthegrantedeasement;and
WHEREAS,utility providers have consented tothe exchange solongastheir rights are
preservedinthesubstitutepublicroadway.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE TOWN
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,asfollows:
Section1.Therecitalssetforthaboveare hereby incorporated asiffullyset forth herein.
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Section 2.ThepublicroadwaylegallydescribedanddepictedasEagleRidgeDriveon
theOriginal Master Plat("OldEagleRidgeDrive")isherebydeclaredtobenolongernecessary
forpublicuseasroadwayandisherebyvacatedinexchangeforasubstitutepublicroadway
subject to:(i)the reservation ofapublicutilityeasementforexistingpublicutilities;(ii)the
sameencumbrances,liens,limitations,restrictionsandestatesasexistontheProperty;and(iii)
the Developer Parties(a)dedicating propertytotheTownviaplatthatis acceptable totheTown
asa substitute publicroadwayand(b)approvalofsuchplatandrecordingofsamenotlaterthan
February12,2015.IfsuchadedicationisnotapprovedbytheTownCouncilatthesame
meetingasthis Resolution,and subsequently recordedbyFebruary12,2015,thisResolution
shall be deemed null and void without further act of the Town Council.
Section3.Upon recordation ofthis Resolution intheofficeoftheMaricopaCounty
Recorder,titletotheOldEagleRidgeDriveshallvestinAderoCanyonLLC,subjecttothe
same encumbrances,liens,limitations,restrictions and estates as exist on the land to which it
accrues and the terms of this Resolution.
Section 4.The Mayor,the Town Manager,theTown Clerk,andthe Town Attorney are
herebyauthorizedanddirectedtotakeallstepsandtoexecuteanddeliveralldocuments
necessary to carry outthe purpose andintentofthis Resolution.
PASSED AND ADOPTED bytheMayorandCounciloftheTownofFountainHills,
February 5.2015.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
Bevelyn J.BendeiyTownXlerkLindaM.Kav&nagh,Mayor
REVIEWED BY:APPROVED AS TO FORM:
Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney
2297573.2