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HomeMy WebLinkAboutRes 2024-07RESOLUTION 2024-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE 10' SIDEWALK AND LANDSCAPE EASEMENT ALONG THE NORTH SIDE OF TOKPELA PLAT, LOT 4B (13815 N MOUNTAINSIDE DRIVE) AND THE WESTERNMOST 20' OF SAID EASEMENT ON LOT 4A (13770 N FOUNTAIN HILLS BOULEVARD) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 1741 OF MAPS, PAGE 35 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 sidewalk and landscape easement, located at the NORTH side of Tokpela Plat, Lot 4B (13815 N Mountainside Drive) and the westernmost 20' of said easement on Lot 4A (13770 Fountain Hills Boulevard) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 1741 of Maps, Page 35, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. 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 March 5, 2024. FOR THE TOWN OF FOUNTAIN HILLS: Ginn ickey, v ayor REVIE Rachael Goo.��wn Manager ATTESTED TO: Linda Mendenhall, Town Clerk APPROVED AS -TO FORM: Aaron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" A24-000003 LOT SPLIT LOT 4 OF TOKPELA, BOOK 1741, PAGE 35 C 0 Ld 0 z z 0 2 PALISADES BLVD 0=05'06'58" R=865.00' L=77.24' S46'15'00"E-205.00' A=90'00'00" R=20.00' L=31.42' 0=10'51'45" R=371.30' L=70.39' NOTE: so' 100' PLATTED EASEMENT LABELS — NOT SHOWN FOR CLARITY A =23'06'52" R=865.00' L=348.96' NO3'02'49"W 79.78' ABANDON 10' SIDEWALK EASEMENT & 10' LANDSCAPE EASEMENT N69'21'52"W 59.51' 3 20' P.U.E. & D.E. SCALE: 1" - 100' DATE: 2-15-2024 I ABANDON I 10' SIDEWALK I EASEMENT & 9 FOUR PEAKS VISTAS CONDOMINIUMS Aires: 9 / 30 1