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HomeMy WebLinkAboutRes 1996-62\^^i^ slSSgj/ \i^/ When Recorded Return to: Town of Fountain Hills Engineering Dept. POBox 17958 Fountain Hills,AZ 85269 RESOLUTION 1996-62 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT TO A.R.S. §28-1901 ET.SEQ.ABANDONING TOTHE ADJACENT PROPERTY OWNERS ALLRIGHT,TITLE OR INTEREST EXCEPT THATAPUBLIC UTILITY,DRAINAGE,SIDEWALK,LANDSCAPE AND NON- BUILDINGEASEMENTSHALLBE MAINTAINED,INACERTAIN PORTIONOFAPUBLIC RIGHT-OF-WAY,FOUNDTOBE 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,TheTown Council of the Townof 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 aforty(40)foot-wide portion of the El Lago Boulevard Service Road right-of-way,located adjacent to the northern property line of Lots 5,6 and 7,Block1,Fountain Hills Final Plat Number 207,Book147,Page 6,Maricopa County Recorder Records and legally described inExhibitA 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 inExhibitB 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 inthis action,which is legally described inExhibit A and depicted inExhibitB attached hereto and incorporated herein by reference. Resolution 1996-62 Page 1 of 2 SECTION 4.That the Councildetermines this property can best be usedto protect the public health,safety and welfare of the adjacent property owners and the citizensof the Town and therefore declares that the value oftheproperty 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 5.That upon recordation ofthisresolutionin the officeof the Maricopa County Recorder,titleto the property legally described in Exhibit A and depicted in Exhibit Bshall 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 August,1996. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: Jerold LMiles,Mayor 7 Paul7^Nordin Town Manager Cassie B.Hansen Town Clerk APPROVED AS TO FORf William E.Farrell Town Attorney Resolution 1996-62 Page 2 of 2