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HomeMy WebLinkAboutRes 1996-80• • When Recorded Return to: Town of Fountain Hills Engineering Dept. PO Box 17958 Fountain Hills,AZ 85269 WHEREAS, RESOLUTION 1996-80 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWNOFFOUNTAIN HILLS,ARIZONA PURSUANTTO A.R.S. §28-1901 EL SEQ.ABANDONING TO THE ADJACENT PROPERTY OWNERS ALLRIGHT,TITLE OR INTEREST EXCEPTTHATAPUBLIC UTILITY,DRAINAGE,SIDEWALK,LANDSCAPE,VEHICULAR NON- ACCESSAND NON-BUILDING EASEMENT SHALL BE MAINTAINED, INACERTAINPORTIONOFA PUBLIC RIGHT-OF-WAY,FOUND TO BE NO LONGER NECESSARY FORPUBLIC VEHICULAR USE. A.R.S.§28-1901 et.seq.providesforthe disposition of unnecessary public roads;and WHEREAS,The Town Councilofthe Town of Fountain Hills is thegoverningbodyofthe Town;and NOW THEREFORE,be it resolved by the Mayor and Common Council of the Townof Fountain Hills,Arizona,as follows: SECTION 1.Thataforty(40)foot-wide portion of the Saguaro Boulevard Service Road right-of-way asshown in Exhibit A is hereby declared to be nolonger necessary for public use as right-of-way. SECTION 2.That the Councilreservesapublic utility,drainage,sidewalk,landscape, vehicular non-access and non-building easement over the portion of the Saguaro Boulevard Service Road abandoned inthis action. 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 citizensof 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 4.That upon recordation of this resolution intheofficeofthe Maricopa County Recorder,title to the property 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 1996-80 Page 1 of 2 (PASS/fAIL MOTION SECOND COUNT ..."I -£) -<?(* c w • PASSED AND ADOPTED this 21st day of November,1996. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: 2AJzl Jerold L/Miles^ayor /Paul Town Manager Cassie B.Hansen Town Clerk APPROVED AS TO FQT^M: Villiam E.FarrellWil Town Attorney Resolution 1996-80 Page 2 of 2 c TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ABANDONMENT EXHIBIT "B" FIRST BAPTIST CHURCH (SERVICE ROAD RIGHT-OF-WAY ABANDONED,0.7024 ACRES CLEAR AIRE SERVICE ROADRIGHTOFWAY,PUBLIC UTILITY,DRAINAGE.SIDEWALK,LANDSCAPE AND NON-BUILDING EASEMENTS RETAINED. 1'VNAE (EXCEPT AT TOWN-APPROVED DRIVEWAYS) RETAINED