HomeMy WebLinkAboutRes 2013-29RESOLUTION 2013 -29
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE DRAINAGE EASEMENT AND PUBLIC
UTILITY EASEMENT AT THE SOUTHERLY AND EASTERLY PROPERTY LINES
OF PLAT 6036, BLOCK 2, LOT 7, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 161 OF MAPS, PAGE 14.
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 portions of the certain public utility and drainage easements, located at the
southerly and easterly property lines of Plat 6038, Block 2, Lot 7, Fountain Hills, as recorded the Office of
the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 41, and as more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be
abandoned by the Town. A telecommunications easement is retained in the abandoned public utility
easement area. 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, May 16,
2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Kenneth Buchanan, Town Manager
11-41
APPROVED AS TO FORM:
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ndrew J. McGuire, own Attorn
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603B BLOCK 2 LOT 7
ABANDON D.E.
RETAIN P.U.E.
BLOCK 2
LOT 7
ABANDON P.U.E. &
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