HomeMy WebLinkAboutRes 2010-11RESOLUTION 2010 -11
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 CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS AT THE NORTHEASTERLY AND EASTERLY PROPERTY LINES OF
PLAT 5068, BLOCK 1, LOT 59, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
BOOK 159, PAGE 03, RECORDS OF MARICOPA COUNTY, ARIZONA.
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 northeasterly
and easterly property lines of Plat 5068, Block 1, Lot 59, Fountain Hills, as recorded in Book 159, Page 03,
Records of Maricopa County, 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, May 20,
2010.
FOR THE TOWN OF FOUNTAIN HILLS:
J c lum, Mayor
REVIEWED BY:
Richard . Davi Manager
NTTESTED TO:
APP „uyED rT0 FOR
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 5068 BLOCK 1 LOT 59
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PROPOSED ACCESS EASEMENTS
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ABANDON P.U.E. & D.E.
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BLOCK 1
LOT 59
PROPOSED ACCESS EASEMENT & PUE
(BY SEPARATE INSTRUMENT
- SCHADER TO TOWN AND UTILITIES)
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BASED ON RECORDED & CALCULATED DIMENSIONS & BEARINGS
PROPOSED ACCESS EASEMENT & PUE
(BY SEPARATE INSTRUMENT
- SCHADER TO TOWN AND UTILITIES)
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