HomeMy WebLinkAboutRes 2014-30RESOLUTION 2014-30
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 PUBLIC UTILITY EASEMENT AND PORTIONS OF THE
DRAINAGE EASEMENT AT THE REAR AND NORTHWESTERLY PROPERTY
LINES OF PLAT 603C,BLOCK 2,LOT 35,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY,ARIZONA,RECORDED IN BOOK 161 OF MAPS,PAGE 43.
WHEREAS,the Mayor and Councilof the Townof Fountain Hills(the"TownCouncil"),as the governing
bodyofrealpropertylocatedintheTownofFountain Hills (the "Town"),mayrequirethededicationof public
streets,sewer,water,drainage,and other utility easements orrights-of-waywithinany proposed
subdivision;and
WHEREAS,theTownCouncil has theauthorityto accept orrejectoffersofdedicationofprivate
propertyby easement,deed,subdivision,platorother lawful means;and
WHEREAS,all present utility companies havereceived notification oftheproposedabandonment.
NOW THEREFORE,BEITRESOLVEDBYTHEMAYORANDCOUNCILOFTHETOWNOF
FOUNTAIN HILLS,as follows:
SECTION1.That the certain public utility easement,andaportionofthe drainage easements
locatedattherearandnorthwesterlypropertylinesofPlat603C,Block 2,Lot35,Fountain Hills,as
recordedtheOfficeoftheCounty Recorder ofMaricopaCounty,Arizona,Book161ofMaps,Page 43,and
asmore particularly describedin Exhibit A,attachedheretoand incorporated hereinbyreference,are
herebydeclaredtobeabandonedbythe Town.Certainlots within this subdivision aresubjectto lot-to-lot
drainage runoff.The property owneris required topassthe developed flows generatedbythe upstream lots
across theirproperty.
SECTION 2.That thisResolutionis one of abandonment and disclaimer bytheTownsolelyfor
thepurposeof removing any potential cloud onthe title tosaid property andthatthe Town in noway
attempts to affect the rights ofany private party toopposethe abandonment orassertany right resulting
there from orexistingprevioustoanyactionbytheTown.
PASSED ANDADOPTEDBY the Mayorand Council of the Town of Fountain Hills,
June 19,2014.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
Kenneth Buchanan,Town Manager
ATTESTED TO:
L
Bevelyn J.Bender/TownClerk
AffPROUflD AS TO FORM:
ATidrew J.McGuire,Town Attorney
SCALE:1"=40'
DATE:5-28-14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603C BLOCK 2 LOT 35
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