HomeMy WebLinkAboutRes 2014-23RESOLUTION 2014-23
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 REAR PROPERTY LINE OF PLAT 431,BLOCK 6,
LOT 7,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPACOUNTY,ARIZONA,RECORDED IN BOOK
151 OF MAPS,PAGE 43.
WHEREAS,the Mayor and CounciloftheTownof Fountain Hills (the"TownCouncil"),as the governing
bodyofreal property located in the Town of Fountain Hills (the "Town"),may require the dedication ofpublic
streets,sewer,water,drainage,and other utility easements or rights-of-way within any proposed
subdivision;and
WHEREAS,the TownCouncil has the authority to accept or reject offersof dedication ofprivate
propertyby easement,deed,subdivision,plator other lawful means;and
WHEREAS,all present utility companies have received notification of the proposed abandonment.
NOW THEREFORE,BEIT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,as follows:
SECTION 1.That the certain publicutility and drainage easement,located at the northerly
property lineofPlat 431,Block6,Lot7,Fountain Hills,as recorded the Officeof the County Recorder of
Maricopa County,Arizona,Book 151 of Maps,Page 43,and as more particularly described inExhibitA,
attached hereto and incorporated herein by reference,are hereby declared to be abandoned by the Town.
Certain lotswithinthis subdivision are subject tolot-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 ofremoving any potentialcloudonthetitleto said property and that theTowninnoway
attempts toaffect the rightsof any privatepartyto oppose the abandonment or assert anyrightresulting
there fromor existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
May15,2014.
FOR THE TOWN OF FOUNTAIN HILLS:
btrfda M.Kavaniagh,Mayor £
REVIEWED BY:
¥^CfdL^/P.C5nu C^XkC
Kenneth Buchanan,Town Manager
ATTESTED TO:
Andrew J.McGuire,Town Attorney
6
0 15'30*
SCALE:1"=30'
DATE:4-24-14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 431 BLOCK 6 LOT 7
N 89'55'10"W
ABANDON 20'-
P.U.E.&c D.E.
BLOCK 6
LOT 7
PROPOSED 10'x10'P.U.E.
(BY SEPARATE INSTRUMENT)
EAST
85.00'
BACA DRIVE
8