HomeMy WebLinkAboutRes 2014-34RESOLUTION 2014-34
A RESOLUTION OFTHE MAYOR AND COMMON COUNCIL OFTHE TOWN OF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT TITLE OR
INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENT
LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 303,BLOCK 3,LOT 2
FOUNTAIN HILLS,ARIZONA,ASRECORDED IN THEOFFICEOFTHE COUNTY
RECORDEROF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 147OF
MAPS,PAGE 4.
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 ofpublic
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 ofprivate
property byeasement,deed,subdivision,platorother lawful means;and
WHEREAS,all present utility companies have received notification ofthe proposed abandonment.
NOWTHEREFORE,BEITRESOLVED BY THE MAYOR AND COUNCIL OFTHETOWNOF
FOUNTAINHILLS,as follows:
SECTION 1.That the certain public utility easement,located atthe southerly property line of Plat
303,Block 3,Lot 2,Fountain Hills,as recorded the Office ofthe County Recorder of Maricopa County,
Arizona,Book 147of Maps,Page4,andasmore particularly described in Exhibit A,attachedheretoand
incorporated herein by reference,are hereby declared tobe abandoned by the Town.Certain lots within
this subdivision are subject to lot-to-lot drainage runoff.The property owner is required topassthe
developed flows generated bythe upstream lots across their property.
SECTION 2.That this Resolution is one ofabandonment 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 ofany private party to oppose the abandonment orassert any right resulting
there from or existing previoustoanyactionbythe Town.
PASSEDAND ADOPTED BYtheMayorandCouncil of theTownofFountain Hills,
June 19,2014.
FOR THE TOWN OF FOUNTAIN HILLS:
Ufitfa m.Kavanagn,Mayor *
REVIEWED BY:
X&m&Xj^IS).C^ue*fowwv
Kenneth Buchanan,Town Manager
ATTESTED TO:
Bevelyn J.B^hder.^own Clerk
ARPROVBD AS TO FORM:
Andrew J.McGuire,TownAttorney
0 25'50'
SCALE:1""50'
DATE:6-5-14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 303 BLOCK 3 LOT 2
-—<\-\1.60
NEW 10'x10'P.U.E.
(BY SEPARATE-
DOCUMENT)
BLOCK 3
LOT 2
ABANDON
10'P.U.E.&D.E."
N55-24'00"E
110.00'
3