HomeMy WebLinkAboutRes 2023-40RESOLUTION 2023-40
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 EASEMENT ALONG THE SOUTHERN
PROPERTY LINE OF PLAT 602-A, BLOCK 2, LOT 10 (15513 E CAVERN DRIVE) FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 42
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 easement, located at the SOUTHERN
property line of Plat 602-A, Block 2, Lot 10 (15513 E Cavern Drive) Fountain Hills, as recorded in the
Office of the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 42, and as more
particularly described in Exhibit A, attached hereto and incorporated herein by reference, is 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
December 19, 2023.
FOR THE TOWN OF FOUNTAIN HILLS:
or l
Ginny i , ckeyMay
REVIEWED BY:
Rachael Goodwi , Town Manager
ATTESTED TO:
inda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron .. ArTown Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A23-000013
PLAT 602—A BLOCK 2 LOT 10
W
4,
s.
0
N64'20'00"E
10.00'
0 = 09'42'02"
R = 575.00'
L = 97.35'
9 .,
N
S
20' 40'
SCALE: 1' - 40'
DATE: 11-21-2023
BLOCK 2
LOT 10
ABANDON 10'
P.U.E. & D.E.
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o.
O_
,10
h°` f° 4 0
11