HomeMy WebLinkAboutRes 2016-42RESOLUTION 2016-42
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 PUBLIC UTILITY AND DRAINAGE EASEMENTS
LOCATED IN A PORTION OF THE WESTERLY SIDE PROPERTY LINE OF
PLAT 401B, BLOCK 5, LOT 26 (17103 E. CYPRUS POINT COURT), AS
RECORDED IN BOOK 155, PAGE 12, RECORDS OF MARICOPA COUNTY,
ARIZONA. (EA 2016-06)
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
WHEREAS, all present utility companies have received notification of the proposed abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain ten foot (10) public utility and drainage
easement, a portion of the westerly side property line of Plat 401B, Block 5, Lot
26, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County,
Arizona, Book 155 of Maps, Page 12, 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,
December 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
M. Kavan , Mayor
REVIEWED BY:
(e,A� eL
Grady E. Mille 0
n Manager
ATTESTED TO:
1
APP D AS TO FORM:
Andrew J. McGuire, Town Attorney
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FOUNTAIN HILLS AZ, FINAL PLAT NO. 401B, BLOCK 5, LOT 26