HomeMy WebLinkAboutRes 2016-35RESOLUTION 2016-35
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 NO VEHICULAR ACCESS EASEMENT AT A PORTION
OF THE STREET SIDE OF PLAT 203, BLOCK 9, LOT 1, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 149 OF MAPS, PAGE 29
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 a portion of the certain no vehicular access easement, located at the westerly
street side property line of Plat 203, Block 9, Lot 1, Fountain Hills, as recorded the Office of the County
Recorder of Maricopa County, Arizona, Book 149 of Maps, Page 29, 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 to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 3, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
I� /
REVIEWED BY:
Grady E. Miller To n Manager
ATTESTED TO:
"AL'ttsju�
Bevelyn J. Ben r, W—r-lerk
APPOV AS TO FORM:
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FOUNTAIN HILLS AZ, FINAL PLAT NO. 203, BLOCK 9, LOT 1
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= 90`00'00" ;� 1
R = 20.00' I
L = 31.42--L— .�
SAWIK CIR
N43°45'00"W /
��38.43'{—�f
:.
0 = 38'56'33"
R = 45.00'
L = 30.59'
ABANDON
1' NO VEHICULAR
ACCESS EASEMENT
LOT 1
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a ----------- -
a
N 49'24'50" W — 276.57
�= 134'36'23"
— R = 45.00'
L = 105.72'
ti
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A4
/
/
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D = 28'06'00"
R = 350.00'
L = 159.64'
0 40' 80'
�=
SCALE: 1" = 80'
DATE: 10-24-16
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RANDY L.
HARREL
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