HomeMy WebLinkAboutRes 2013-40RESOLUTION 2013 -40
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE DRAINAGE EASEMENT AND PUBLIC UTILITY
EASEMENT AT THE EASTERLY SIDE PROPERTY LINE OF PLAT 201A, BLOCK 1,
LOT 6, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK
150 OF MAPS, PAGE 32.
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 easterly side
property line of Plat 201A, Block 1, Lot 6, Fountain Hills, as recorded the Office of the County Recorder of
Maricopa County, Arizona, Book 150 of Maps, Page 32, 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
1, 2013.
FOR THE TOWN OF FOUNTAIN HILLS:
Kavarfafih, Mayor
REVIEWED BY:
Kenneth Buchanan, Town Manager
ATTESTED TO:
M -r
APP (Q TO FORM:
Andrew J. McGuir ,Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A11
PLAT 201 —A, BLOCK 1, LOT E
5
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N 30'53'22"
E
72.83'
NIGHTINGALE
CIRCLE
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NO VEHICULAR EASEMENT
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ABANDONED SEE----.,I
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MCR 1994 - 0849295
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ABANDON 10'
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SCALE: 1' = 30'
F,fPIre, 3/30'1ry
DATE: 6 -20 -13