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HomeMy WebLinkAboutRes 1994-47RESOLUTION 1994-47 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT TO A.R.S. §28-1901 EL SEQ.ABANDONING TO THE ADJACENT PROPERTY OWNER ALL RIGHT,TITLE OR INTEREST,EXCEPT THAT A PUBLIC UTILITY,DRAINAGE,SIDEWALK,LANDSCAPE AND NON- BUILDING EASEMENT SHALL BE MAINTAINED,IN A CERTAIN PORTION OF A PUBLIC RIGHT-OF-WAY,FOUND TO BE 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,The Town Council of the Town of 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 a forty (40)foot-wide portion of the El Lago Boulevard Service Road right-of-way,located adjacent to the northern property line of Lots 1 and 3,Block 2,Fountain Hills Final Plat Number 207,Book 147,Page 6,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 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 in Exhibit B 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 in this action,which is legally described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by reference. Resolution 1994-47 Page 1 of 2 SECTION 4.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. §28-1902.A.3 and §28-1902.A.5. SECTION 5.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. PASSED AND ADOPTED this 6th day of October,1994. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: JohnM Cutillo,Mayor Paul L.Nordin Town Manager Cassie B.Hansen Town Clerk APPj?Oy£p^S TO FQfc William E.Farrell Town Attorney Resolution 1994-47 Page 2 of 2 >ijj*g(/ EXHIBIT "A" A portion of the El Lago Boulevard Service Road,located adjacent to the Northern Property Line of Lots 1 and 3,Block 2,Fountain Hills Arizona Final Plat Number 207,Book 147,Page 6, Maricopa County Recorder,Maricopa County,Arizona,more particularly described as follows: Beginning at the Northwest corner ofLot4,Block 2,Fountain Hills,Arizona final Plat 207; Thence N 69-21-52 W,386.17 feet,toa point onthe East Right-of-Way of Verde River Drive; Thence N 20-38-08 E, 20.00 feet,along said Right-of-Way line; Thence Northeasterly along an arc concave to the East,an arc distance of 31.42 feet,said arc having a Radius of 20.00 feet and a delta angle of 90-00-00; Thence S 69-21-52 E,331.17 feet; Thence S 24-21-52 E,49.49 feet,to a point ontheWest line of said Lot 4; Thence S 20-38-08 W,along said West line of said Lot 4,5.00 feet to the Point of Beginning. Containing 14,748.62 square feet,more or less,subject to all existing easements. R=20.00' L=31.42' A=90-00'00 EXHIBIT "B" A portion of the El Lago Boulevard Service Road Fountain Hills,Arizona Final Plat 207 Fountain Hills,Arizona Book 147 Page 6 Maricopa County Records Maricopa County,Arizona SCALE:1" =60' P.O.B.