HomeMy WebLinkAboutRes 2014-48RESOLUTION 2014-48
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE
NORTHERLYOFTHE PROPERTY LINEOFPLAT 401B,BLOCK3LOT45,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 155 OF
MAPS,PAGE 12.
WHEREAS,theMayorandCounciloftheTownofFountain Hills (the"TownCouncil"),as the
governing bodyofreal property located in the Townof Fountain Hills(the"Town"),may require the
dedicationofpublic streets,sewer,water,drainage,andother utility easements orrights-of-way within any
proposed subdivision;and
WHEREAS,theTownCouncil has the authority to accept or reject offers of dedication ofprivate
property by easement,deed,subdivision,plator other lawful means;and
WHEREAS,all present utility companies have received notificationof 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 public utility and drainage easement,located at the northerly
property lineof Plat 401B,Block3,Lot45,Fountain Hills,as recorded the Officeof the County Recorder of
Maricopa County,Arizona,Book 155 of Maps,Page 12,and as more particularly described inExhibitA,
attached hereto and incorporated herein by reference,are hereby declared tobe 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 bythe upstream lots across theirproperty.
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 titleto said property and that the Towninnoway
attempts to affect the rightsof any private party to oppose the abandonment or assert any right resulting
there fromor existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
December 4,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
Linda M.Kavanaqh,Mayor '
REVIEWED BY:
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Ken Buchanan,Town Manager Andrew J.MsGuire,Town Attorney
SCALE:1"=30'
DATE:11-10-14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401B BLOCK 3 LOT 45
res 3/