HomeMy WebLinkAboutRes 2023-09RESOLUTION 2023-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE -
INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
NORTHERN AND WESTERN PROPERTY LINES OF PLAT 604-B AMENDED, BLOCK 6, LOT 7
(11804 N SPOTTED HORSE WAY) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN
BOOK 196 OF MAPS, PAGE 27
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the
governing body of real property located in the Town of Fountain Hills (the "Town"), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any
proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easements, located at the NORTHERN
AND WESTERN property lines of Plat 604-B AMENDED, Block 6, Lot 7 (11804 N Spotted Horse
Way) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book
196 of Maps, Page 27, and as more particularly described in Exhibit A, attached hereto and incorporated
herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision
are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed Flows
generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no way
attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting
there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills April 4,
2023.
FOR THE TOWN OF FOUNTAIN HILLS:
Ginn(' Dickey, Klayor
REVIEWED BY;
Rachael Gg6dVcin„Interim Town Manager
ATTESTED TO:
APPROVED AS TO FORM:
Aaron D. A �son, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A23-000004
PLAT 604-B BLOCK 6 LOT 7
ABANDON 10'
P.U.E. & D.E.
LOT 7
o=14'27'18'.
R=325.00'
L=81.99'
80'S1
0 40'
SCALE: 1" - 40'
IDATE: 3-21-2023
N SPOTTED HORSE
1 2.92'