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HomeMy WebLinkAboutRes 1995-68c • When Recorded Return to: Town of Fountain Hills Engineering Dept. POBox 17958 Fountain Hills,AZ 85269 RESOLUTION 1995-68 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 OWNERS ALLRIGHT,TITLE OR INTERESTIN CERTAIN PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 302,BLOCK 4 AS RECORDED IN BOOK 156,PAGE 45 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.seq.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 the 30'public alleys,located within Plat 302,Block4,adjacent to Lots 1,2,3,4,5,6 and 7,Book 156,Page 45,Maricopa County Recorder Records as depicted in"ExhibitA"attached hereto and incorporated herein is hereby declared to be no longer necessary for public use as right-of-way. SECTION 2.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 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 3.That upon recordation of this resolution in the office of the Maricopa County Recorder,title to 15'of the adjacent alley depicted in"ExhibitA" 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 1995-68 Page 1 of 2 ^PASS/JAIL ^MOTION C(ftr<.- second la*pri^q COUNT ^~Q ll-ll*-<iZ SECTION 4.That a public utility easement,drainage easement,and joint-use private access easement shall be retained as shown in "Exhibit A".Fences are permitted along the centerline of,and across,the retained public utility and drainage easement (but not the joint-use private access easement); provided,however,that a minimum 10'wide gate with padlockable access for any and allutilities shall be placed at any fence crossing the retained public utility easement;and provided that suitable drainage openings are provided in the fence. PASSED AND ADOPTED this 16th day of November,1995. FOR THET OUNTAIN HILLS:ATTEST: JohryfVK Cutillo,Mayor Town Manager (am^\Sg Cassie B.Hansen Town Clerk APPROVED AS TO FO William E.Farrell Town Attorney Resolution 1995-68 Page 2 of 2 A=4'10'27" R=942.00' L=68.63' A=03-35'51" R=1095.00' L=30.79' PRELIMINAR PLAT 302 THE JOINT PRIVATE ACCESS EASEMENT RETAINED NOTED SHALL BE FOR THE BENEFIT OF THE OWNERS OF LOTS 5,6 AND 7;AND ALLOW USE BY THEIR OWNERS,CUSTOMERS,CONTRACTORS, EMPLOYEES AND PERMITEES. EXHIBIT L=90'00'0' =20.00' =31.42' ALLEY RIGHT-OF-WAY ABANDONED, PUBLIC UTILITY EASEMENT & DRAINAGE EASEMENT RETAINED.