HomeMy WebLinkAboutRes 2008-26RESOLUTION 2008 -26
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 NORTHERLY PROPERTY LINE OF PLAT 401B, BLOCK 2,
LOT 2, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS,
PAGE 12, 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 twenty (20') foot public utility and drainage easement, located at
the northerly property line of Plat 401 B, Block 2, Lot 2, Fountain Hills, as recorded in Book 155 of Maps,
Page 12, 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 OPTED BY the Mayor and Council of the Town of Fountain Hills, May 15,
2008.
FOR THE TOWN F UNTAIN LS: ATTESTED TO:
W. J. Nichols, yor 4Beven J. Ben er, Jown Clerk
REVIE ED BY:
Kate
Zarton, Interim Town anager
APP O ED AS TO FORM:
C
Andrew J. c ire, own Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
k,, PLAT 401B BLOCK 2 LOT 2
PARCEL "B" ABANDONED 20'
P.U.E. & D.E. P.U.E. & D.E.
DESERT CANYON (E.A. 94 -53)
GOLF CLUB -
HOLE #18
1 _-
4334 E
N --- --
7
110.6$ _
ABANDON 20'
P.U.E. & D.E. Z
O N
Z N p
p � O
O 00)
Op
=� BLOCK 2
LOT 2
3
PROPOSED 10'x10'
P.U.E. (BY SEPARATE
1 INSTRUMENT)
i N 84'04'00" E
110.00'
NICKLAUSD-�
N
1EO LANG SG
y %�f ICATF P4
,6545
N RANDY L z
S
HARREL
z $�
15' 30' � S/ At
U • P
SCALE: 1" = 30' (7
DATE: 4 -14 -08 �m