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HomeMy WebLinkAboutRes 2015-03RESOLUTION NO.2015-03 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,PURSUANT TOARIZ.REV.STAT. §28-7201 ET SEQ.,EXCHANGING CERTAIN PUBLIC ROADWAY LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS WHICH HAS BEEN FOUND TOBENO LONGER NECESSARY FOR PUBLIC USE. WHEREAS,the Town of Fountain Hills (the "Town")and MCO Properties LP entered into a Final Settlement Agreement,dated December 4,2001 (the "Original Agreement"),which provided forthe approval ofa Final Plat of Eagle Ridge North,which was recorded on December 20,2001,in the Official Records of Maricopa County,Arizona,at Recorder's No. 2001-1201370 (the"OriginalMasterPlat");and WHEREAS,the Original Master Plat provided for dedication of Eagle Ridge Drive to the Town,including an easement for utility and service providers;and WHEREAS,the Town and MCO Properties Inc.,a Delaware corporation (successor in interest to MCO Properties,LP),EN LLC,a Delaware limited liability company and Adero Canyon LLC,a Delaware limited liability company (collectively the "Developer Parties") entered into an Amended and Restated Final Settlement Agreement (the "Agreement")that was approved by the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") on May 1,2014 (Resolution No.2014-08)and recorded on May 14,2014,inthe Official Records of Maricopa County,Arizona,atRecorder'sNo.2014-0314508;and WHEREAS,the scope of the development that is the subject of the Original Agreement andthe Restated Agreement has changed,which change will necessitate the abandonment of Eagle Ridge Drive and subsequent dedication ofa new substitute public roadway;and WHEREAS,Ariz.Rev.Stat.§28-7201 et seq.provides for the disposition of unnecessary public roadways;and WHEREAS,the Mayor and Town Council desire to exchange Eagle Ridge Drive for a new substitute public roadway of substantially equalsize pursuant toAriz.Rev.Stat. §28-7203;and WHEREAS,becauseEagleRidgeDrivewasnotconstructed,noutilitieshavebeen installedwithinthegrantedeasement;and WHEREAS,utility providers have consented tothe exchange solongastheir rights are preservedinthesubstitutepublicroadway. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,asfollows: Section1.Therecitalssetforthaboveare hereby incorporated asiffullyset forth herein. 2297573.2 Section 2.ThepublicroadwaylegallydescribedanddepictedasEagleRidgeDriveon theOriginal Master Plat("OldEagleRidgeDrive")isherebydeclaredtobenolongernecessary forpublicuseasroadwayandisherebyvacatedinexchangeforasubstitutepublicroadway subject to:(i)the reservation ofapublicutilityeasementforexistingpublicutilities;(ii)the sameencumbrances,liens,limitations,restrictionsandestatesasexistontheProperty;and(iii) the Developer Parties(a)dedicating propertytotheTownviaplatthatis acceptable totheTown asa substitute publicroadwayand(b)approvalofsuchplatandrecordingofsamenotlaterthan February12,2015.IfsuchadedicationisnotapprovedbytheTownCouncilatthesame meetingasthis Resolution,and subsequently recordedbyFebruary12,2015,thisResolution shall be deemed null and void without further act of the Town Council. Section3.Upon recordation ofthis Resolution intheofficeoftheMaricopaCounty Recorder,titletotheOldEagleRidgeDriveshallvestinAderoCanyonLLC,subjecttothe same encumbrances,liens,limitations,restrictions and estates as exist on the land to which it accrues and the terms of this Resolution. Section 4.The Mayor,the Town Manager,theTown Clerk,andthe Town Attorney are herebyauthorizedanddirectedtotakeallstepsandtoexecuteanddeliveralldocuments necessary to carry outthe purpose andintentofthis Resolution. PASSED AND ADOPTED bytheMayorandCounciloftheTownofFountainHills, February 5.2015. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Bevelyn J.BendeiyTownXlerkLindaM.Kav&nagh,Mayor REVIEWED BY:APPROVED AS TO FORM: Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney 2297573.2