HomeMy WebLinkAboutRes 2014-35RESOLUTION 2014-35
ARESOLUTIONOFTHE MAYOR ANDCOMMONCOUNCILOFTHETOWNOF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT TITLE OR
INTERESTITHAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTATTHE
SOUTHERLY PROPERTY LINE OF PLAT 506B,BLOCK 1,LOT 38,FOUNTAIN
HILLS,ARIZONA,ASRECORDED IN THEOFFICEOFTHECOUNTYRECORDER
OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK159OFMAPSPAGE
3.
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 byeasement,deed,subdivision,platorother lawful means;and
WHEREAS,all present utility companies have received notification ofthe proposed abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,as follows:
SECTION 1.Thatthe certain public utility and drainage easement located attherearand
southerly property line of Plat 506B,Block 1,Lot 38,Fountain Hills,as recorded the Office of the County
Recorder of Maricopa County,Arizona,Book 159 of Maps,Page 38,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 toany action bythe Town.
PASSED ANDADOPTEDBY the Mayorand Council of the Town of FountainHills
June 19,2014.
FOR THE TOWN OF FOUNTAIN HILLS:
la M.Kava/Tagh,May
REVIEWED BY:
KennethBuchanan,TownManager
ATTESTED TO:
Bevelyn^Berber,Town Clerk
S TO FORM:
ndrew J.McGuire,TownAttorney
SCALE:1"-30'
DATE:6-5-14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506B BLOCK 2 LOT 38
37*7*