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HomeMy WebLinkAboutRes 1994-54RESOLUTION 1994-54 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 IN CERTAIN PORTIONS OF PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 507-D AS RECORDED IN BOOK 165,PAGE 42 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER AND WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 507-E AS RECORDED IN BOOK 165,PAGE 43 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC 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 portion of the Montezuma Circle right-of-way,located within the Plat 507-E subdivision,Book 165,Page 43,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 a portion of the Castillo Drive right-of-way,located within the Plat 507- D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit B"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 3.That a portion of the Castillo Drive right-of-way,located within the Plat 507- D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit C"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. Resolution 1994-54 Page 1 of 4 SECTION 4.That a portion of the Castillo Drive right-of-way,located within the Plat 507- D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit D"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 5.That a portion of the Castillo Drive right-of-way,located within the Plat 507- D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit E"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 6.That a portion of the Avila Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit F"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 7.That a portion of the Avila Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "ExhibitG"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 8.That a portion of the Avila Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit H"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 9.That a portion of the Avila Lane (now known as Zamora Plaza)right-of-way, located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit I"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 10.That a portion of the Ortega Drive (now known as Mayan Drive)right-of- way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit J"attached hereto and Incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 11.That a portion of the Ortega Drive (now known as Mayan Drive)right-of- way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit K"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. Resolution 1994-54 Page 2 of 4 xjj^/ SECTION 12.That a portion of the Ortega Place (now known as Santiago Place)right-of- way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit L"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 13.That a portion of the Ortega Place (now known as Santiago Place)right-of- way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit M"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 14.That a portion of the Delgado Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit N"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right- of-way. SECTION 15.That a portion of the Delgado Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit O"attached hereto and incorporated herein Is hereby declared to be no longer necessary for public use as right- of-way. SECTION 16.That a portion of the Delgado Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit P"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right- of-way. SECTION 17.That a portion of the Delgado Drive right-of-way,located within the Plat 507-D subdivision,Book 165,Page 42,Maricopa County Recorder Records and legally described in "Exhibit Q"attached hereto and incorporated herein Is hereby declared to be no longer necessary for public use as right- of-way. SECTION 18.That the specific portions of the above-mentioned rights-of-way found to be no longer necessary for public use are depicted in "Exhibit A-l"through "Exhibit Q-l"attached hereto and incorporated herein by reference. SECTION 19.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. Resolution 1994-54 Page 3 of 4 L SECTION 20.That upon recordation of this resolution in the office of the Maricopa County Recorder,title to the property legally described in "Exhibit A" through "Exhibit Q"and depicted in "Exhibit A-1"through "Exhibit Q-1"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 3rd day of November,1994. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: JohrOOl.Cutillo,Mayor lull.Nordin Town Manager Cassie B.Hansen Town Clerk APPROVED AS TO FORM: i t7 /William E.Farrell Town Attorney Resolution 1994-54 Page 4 of 4