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HomeMy WebLinkAboutRes 2024-33 RESOLUTION 2024-33 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 SOUTHEASTERN PROPERTY LINE OF PROPERTY ASSEMBLAGE PLAT, LOT 29B (17015 E RAND DRIVE), FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 1563 OF MAPS, PAGE 9, AND FORMERLY OF PLAT 204, BLOCK 7, LOT 29, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 142 OF MAPS, PAGE 10. 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 southeastern property line of Property Assemblage Plat, Lot 29B (17015 E Rand Drive), Fountain Hills, Arizona, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 1563 of Maps, Page 9, and formerly of Plat 204, Block 7, Lot 29, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 142 of Maps, Page 10, 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 20, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATT T D TO: Ginny ickey, ayor 9wn Clerk C REVIEWED BY• APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" A24-000014 PROPERTY ASSEMBLAGE PLAT, LOT 29B, MCR 1563-9 / / \ \ / ,p�o- \ \ \ \\ 1, \ �� \ s \ PLAT 204 'CZ \ r'' \ BLOCK 7 A = 17'16'24" \ �i9' \\ LOT 1 �0 R = 220.00' \ \ \ cQ L = 66.32' \ i9c'p \ et) RETAIN 10' 7\\ / co P.U.E. & D.E. \ I \\ \ v LOT 29B /I° ABANDON 10' ^) /� \ , - P.U.E. & D.E. �� \-- N76'13'48"E 970', k / PLAT 204 28.77' �`80 $r)\'// BLOCK 7 •0 0 / LOT 28 / / N 29A / / / / OSessIcnal.5.4>' ,onoloS. ��V // //0 15' 30' // //�SCALE: 1' = 30' // // koires:9/3oi2 DATE: 7-23-2024 / /