HomeMy WebLinkAboutRes 1993-22RESOLUTION 1993 -22
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO A.R.S.
18 28 -1901 ET. SEQ. ABANDONING TO THE ADJACENT PROPERTY
OWNER OF RECORD ALL RIGHT, TITLE, OR INTEREST IT HAS IN A
CERTAIN PORTION OF A PUBLIC ALLEY, FOUND TO BE NO
LONGER NECESSARY FOR PUBLIC USE; AND DECLARING AN
EMERGENCY.
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
WHEREAS, All abutting property owners and utility companies have received
notification of this proposed abandonment;
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of
Fountain Hills, Arizona as follows;
SECTION 1. That portion of a forty (40) foot public alley located adjacent to the east
line of Saguaro Ridge Condominiums, Book 342, Map 18, 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 an alley.
SECTION 2. That the specific portion of the alley found to no longer be necessary for
public use is depicted in Exhibit "B" attached hereto and incorporated
herein by reference.
SECTION 3. 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.1 28- 1902.A.3 and 28- 1902.A.5.
Resolution 1993 -22
page 1 of 2
SECTION 4. 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.
SECTION 5, That public peace, health and safety of the residents of the Town require
that this measure be declared as an emergency measure and if passed
and adopted with six affirmative votes of the Mayor and Council, shall
become immediately effective and thereby will be exempt from the
provisions of referendum,
PASSED AND ADOPTED this 8th day of July, 1993.
FORT E TO OF FO NTAIN HILLS:
Joh M. Cutillo, Mayor
i
•
Manager
ATTEST:
Cassle B, Hansen
Town Clerk
APPROVED AS TO FO M:
William E. Farrell
Town Attorney
Resolution 1993 -22
page 2 of 2
Leonard F. Gostinski, P.E., R.L.S. /-
President /
ASSOCIATES:
•� WILM ASSOCIATES 9 INC
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Bradford C. Gordon ........ R.L.S. SURVEYORS • ENGINEERS
Richard J. Hayes ........... R.L.S.
June 15, 1993 WA# 4391
LEGAL DESCRIPTION
(Alley Abandonment)
That part of the alley in Block 1 of Final Plat 202, recorded in
Book 147 of Maps, Page 5 and as shown on the Final Plat of Saguaro Ridge
Condominiums, recorded in Book 324 of Maps, Page 18, Maricopa County,
Arizona. more Particularly described as follows:
Beginning at the Northeast corner of Lot 1 of said Block 1 of Final
Plat 202. Thence N.01005-'00"E- a distance of 11-71 feet to the point of
curvature of a curve which is concave to the East having a radius of
825.00 feet_ and a central angle of 23010'42 "; Thence Northerly along the
arc of said curve a distance of 333 -74 feet, said point being on the
East line of Lot 5 of said Block 1 of Final Plat 202; Thence
S . 65045 ' 00 " E . a distance of 15.20 feet to the point of curvature of a
curve which is concave to the East having a radius of 922.50 feet
(Radius Bears 5.66036'59 "E_) and a central angle of 20021'17 "; Thence
Southerly along the arc of said curve a distance of 327-73 feet; Thence
S .01005'00 "W _ a distance of 11.71 feet; Thence N _88055'00 "W . a distance
of 12.10 feet to the point of beginning.
Containing S.102.6 Square Feet.
EXHIBIT "A"
3200 N. Hayden Rd., Suite B200 • Scottsdale, Arizona 85251 • (602) 947 -7507 • FAX: 947 -2503
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A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
OF PART OF THE ALLEY AS SHOWN ON BLOCK 1, FINAL PLAT 202,
recorded in book 147 of maps, page 5, M.C.R., and further
defined in the final plat of Saguaro Ridge Condominiums
book 324 of maps, page 18, M.C.R., located in Section 23,
T.3 N.,R.6 E., G &SRB &M, Maricopa County, Arizona.
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EXHIBIT "B"
Wiley & Associates
3200 N. Hayeden Rd.
Suite B -200
Scottsdale, Arizona
85251
602 - 947 -7507