HomeMy WebLinkAboutRes 2015-46RESOLUTION 2015-46
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA,ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST IT
HAS IN THE DRAINAGE EASEMENT LOCATED ON FIREROCK PARCEL D,LOT
28, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED AT 2000-
0537846 MCR.
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 by easement,deed,subdivision, plat or other lawful means;and
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,as follows:
SECTION 1. That the certain drainage easement,located on Firerock Parcel D, Lot28, Fountain
Hills,as recorded the Office of the County Recorder of Maricopa County, Arizona, and as more particularly
depicted in Exhibit A,and described in Exhibit B,attached hereto and incorporated herein by reference, are
hereby declared to be abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot
drainage runoff.The property owneris required to pass the developed flows generated bythe 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 to any action by the Town.
PASSED AND ADOPTED BY the Mayorand Council of the Town of Fountain Hills,September 3,
ATTESTED TO:
2015.
FOR THE TOWN OF FOUNTAIN HILLS
LrrraalM.Kavariaqh,Mayor/Bevelyn J. Bender,$6wn Clerk
REVIEWED BY:APPROVED AS TO FORM:
Ji
Andrew J.McGuire,Town Attorney