HomeMy WebLinkAboutRes 2010-14RESOLUTION 2010 -14
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
EASEMENT AT THE SOUTHWESTERLY PROPERTY LINE OF PLAT 602C,
BLOCK 3, LOT 1, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
166, PAGE 33, 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 ten (10') foot public utility and drainage easements, located
at the southwesterly property line of Plat 602C, Block 3, Lot 1, Fountain Hills, as recorded in Book
166, Page 33, 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 2010.
FOR THE TOWN OF FOUNTAIN HILLS:
ay chl V, Mayor
REVIEWED BY:
-�? -L6,
Richard L. Davis, Town Manager
AP (� /E S TO FORM:
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 602C BLOCK 3 LOT 1
y\ \
\ PLAT 602D
\ BLOCK 2
\ LOT 31
\ yo
\ \ s
\ o
\ 0 250 a
BLOCK 3 \
LOT 1 0= 06 '45'08"
R = 425.00
ABANDON 10' L = 50.09'
Z P.U.E. & D.E.
0p rn.
0�.� Imo
y �Ei
2
//N \\ t�stO LANG SL
W E \ y �SkFICATE�q��
\ y 18515 a
\ c RANDY L "
S \ HARREL \0
\ $
o 10, 2a
DATE. 1 27oto