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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 4o„°o» *»5TSS5r