HomeMy WebLinkAboutRes 2024-31RESOLUTION 2024-31
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
NORTHEASTERN AND SOUTHEASTERN PROPERTY LINES OF PLAT 602-C, BLOCK 2, LOT 1
(15809 E BRODIEA DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK
166 OF MAPS, PAGE 33.
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 southeastern
and eastern property lines of Plat 602-C, Block 2, Lot 1 (15809 E Brodiea Drive) Fountain Hills, as recorded
in the Office of the County Recorder of Maricopa County, Arizona, Book 166 of Maps, Page 33, 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 August
19, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:
GinrqDickey, Mayor
REVIEWED BY:
Rachael Goodwin/. Town
A
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APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A24-000010
PLAT 602—C BLOCK 2 LOT 1
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0 = 35*10'54"
R = 175.00'
L = 107.46'
ABANDON 10'
P.U.E. & D.E.
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PARCEL "A"
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SCALE: 1" = 40' /2 OLtx
DATE: 5-21-2024 xp��es:
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BLOCK 2
LOT 1
A = 97'16'57"
R = 20.00'
L = 33.96'
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