HomeMy WebLinkAboutRes 1998-34 - FAILED•
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Town of Fountain Hills
Engineering Dept.
PO Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-34
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA PURSUANT
TO A.R.S.§28-1901 ET.SEP.ABANDONING ALL RIGHT,TITLE
OR INTEREST IN PORTIONS OF CERTAIN PUBLIC RIGHTS-
OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT
NUMBER 207,BLOCK 1 AS RECORDED IN BOOK 147,PAGE 6
OF THE RECORDS OF THE MARICOPA COUNTY RECORDER
WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY.
WHEREAS,A.R.S.§28-1901et.seg.providesforthedispositionofunnecessarypublicroads;and
WHEREAS,TheTownCounciloftheTownofFountainHillsisthegoverningbodyoftheTown;and
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills,
Arizona,as follows:
SECTION 1.Thatthe30'publicalleylocatedwithinPlat207,Block1,adjacenttoLots1,2,3,4,5,and
17,asrecordedinBook147,Page6,Maricopa CountyRecorderRecordsasdepictedin
Exhibit A attached heretoand incorporated hereinishereby declared tobenolonger
necessary for public useasa right-of-way.
SECTION 2.ThattheCouncildeterminesthispropertycanbestbeusedtoprotectthepublichealth,
safetyand welfare ofthe adjacent propertyowners andthe citizens ofthe Town and
thereforedeclaresthatthevalueofthepropertyisdeminimisandthatnocompensationis
required fromthe adjacent property owners pursuant to A.R.S.§28-1902.A.3 and§28-
1902.A.5.
SECTION 3.Thatuponrecordationofthisresolutionintheofficeofthe Maricopa CountyRecorder,
titleto 15'as depicted in Exhibit Ashallvestintheownersofrecordofthe adjacent
property as determined bythe records ofthe Maricopa County Recorder onthedayof
recordation,subject tothe easements retained.
SECTION 4.Thatapublicutility easement,drainage easement,no-building easement,and joint-use
private access easement shallbe retained as shown in Exhibit A.
Resolution 1998-34
Page 1 of 2
PASS(FAIl>
MOTION U3
SECOND _
COUNT
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PASSED AND ADOPTED this5thdayof November,1998.
FOR THE TOWN OF FOUNTAIN HILLS:ATTEST:
Sharon Morgan,Mayor
REVIEWED BY:
Paul L.Nordin
Town Manager
Cassie B.Hansen
Town Clerk
APPROVED AS TO FORM:
William E.Farrell
Town Attorney
Resolution 1998-34
Page2 of 2
Exhibit A
TOWN OF FOUNTAIN HILLS
RIGHT-OF-WAY ABANDONMENT
PLAT 207 BLOCK 1
Sfl PRIVATEACCESSEASEMENTFORTHE BENEFIT
OFLOTS 3,4 &5TOBERETAINED.
PRIVATE ACCESS EASEMENT FORTHE BENEFIT
OFLOTS 1,2 &17TOBERETAINED.
ALLEY R/W TO BE ABANDONED,PUBUC UTILITY
EASEMENT,DRAINAGEEASEMENT 8c NO-BUILDING
EASEMENT TO BE RETAINED.
LOTS 1-5 &17
ABANDONMENT AREAS
LOT NO.AREA AC.
1 0.0433
2 0.0510
3 0.0436
4 0.0473
5 0.0893
17 0.0950
ABANDONMENT STIPULATIONS:
ABOVE GROUND UTILITY STRUCTURES SHALL
NOT BE RESTRICTED.
A FENCE WILL BE PERMITTED AT EITHER EDGE
OF THE EXISTING ALLEY RIGHT-OF-WAY.
PADLOCKABLE GATES WILL BE PERMITTED
CROSSING THE ABANDONED ALLEY RIGHT-OF-
WAY,(OUTSIDE OFTHEPRIVATEACCESSEASEMENT
AREA)WITH THEVARIOUS UTILITIES HAVING
PADLOCK ACCESS.
PROPERTY OWNER SHALL BE RESPONSIBLE FOR
REPAIRING ANY DAMAGE TO THEIR ENCROACHING
FACILITIES SHOULD A UTILITY COMPANY NEEDTO
PERFORM ANY WORK ON THEIR FAC