HomeMy WebLinkAboutRes 2006-44 RESOLUTION NO. 2006-44
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NO. 1999-62
RELATING TO THE ABANDONMENT OF CERTAIN REAL PROPERTY
GENERALLY LOCATED ADJACENT TO DESERT VISTA NEIGHBORHOOD
PARK BETWEEN DESERT VISTA DRIVE AND TOWER DRIVE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills, Arizona (the "Town
Council") passed and adopted Resolution No. 1999-62 on December 16, 1999 (the "Resolution")
abandoning all right title and interest in a certain portion of public right-of-way generally located
adjacent to Desert Vista Neighborhood Park between Desert Vista Drive and Tower Drive (the
"Right-of-Way"); and
WHEREAS, the Town Council (i) has determined that the stipulations imposed upon the
abandonment of the Right-of-Way have not been met and(ii) desires to rescind the Resolution as
requested by the owners of record of the real property south of the Right-of-Way.
NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows:
SECTION 1. That Resolution No. 1999-62 is hereby repealed.
SECTION 2. That upon recordation of this Resolution in the office of the Maricopa
tfliw County Recorder, title to the Right-of-Way, as more particularly described and depicted in
Exhibit A, attached hereto and incorporated herein by reference, shall vest in the Town of
Fountain Hills.
SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason to be held invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps and to execute all documents
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,August 17, 06.
FOR THE TO F FOUNTAIN HILLS: ATTESTED TO:
. J.Nichol , a Bevelyn J. Be er, wn Clerk
669195.1
REVIEWED BY: APPROVED AS TO FORM:
Acjt,„
Timothy G. Pickering,Town Manager An .McGuire,Town Attorney
669195.1
2
EXHIBIT A
TO
RESOLUTION 2006-44
[Legal description and map of the Right-of-Way]
See following pages.
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669195.1
LEGAL DESCRIPTION OF RIGHT-OF-WAY
That portion of alley located northeast of an abutting Lots 3 through 5, Block 1, Plat 302,
Fountain Hills, Arizona as recorded in book 156 of Maps, page 45, and in book 516 of Maps,
page 43, respectively records of Maricopa County,Arizona.
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669195.1
s TOWN OF FOUNTAIN HILLS
RIGHT-OF-WAY ABANDONMENT
EXHIBIT A
PLAT 302 BLOCK 1 LOTS 3 THRU 7
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04,
0,94 .
F.H. STREET 4,
DEPT. YARD
4,1
0, DESERT VISTA PARK
BLOCK 1
' oc.9, '4•‘-' A=90'00'00" LOT 9
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7 R=20.00'
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DATE: 12-10-99
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