HomeMy WebLinkAboutRes 2017-05RESOLUTION 2017-05
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 505-D,
BLOCK 2,LOT 35, AS RECORDED IN BOOK 158, PAGE 41, RECORDS OF
MARICOPA COUNTY, ARIZONA. (EA 2016-03)
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 twenty foot (20) public utility and drainage
easement, at the rear property line of Plat 505-D, Block 2, Lot 35, Fountain Hills, as
recorded the Office of the County Recorder of Maricopa County, Arizona, Book 158 of
Maps, Page 41, 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,
February 16, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
Grady E. Mille, To Manager
ATTESTED TO:
Bevelyn J. Be der, -04in Clerk
APPR ED S TO FORM:
And 1 McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FOUNTAIN HILLS AZ, FINAL PLAT NO. 505D, BLOCK 2, LOT 35
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ABANDON 20'
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20' P.U.E. & D.E.
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SCALE: 1" = 30'
DATE: 2-6-17
LOT 35 A= 90.00'0o"
R = 20.00'L = 31.42'
PROPOSED P.U.E. & D.E.
(BY SEPARATE INSTRUMENT) .
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