HomeMy WebLinkAboutRes 2017-20RESOLUTION 2017-20
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 CERTAIN 20' PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF
PLAT 111, BLOCK 2, LOT 1 (16405 EAST HEATHER DRIVE), AS
RECORDED IN BOOK 150, PAGE 12, RECORDS OF MARICOPA COUNTY,
ARIZONA. (EA 2017-02)
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 a portion of the certain twenty foot (20') public utility and
drainage easement, at the rear property line of Plat 111, Block 2, Lot 1, Fountain Hills,
as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 150
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, June 15,
2017.
FOR THE TOWN OF FOUNTAIN HILLS:
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REVIEWED BY:
Grady E. Miller, ow Manager
ATTESTED TO:
1.4orm",me:I'�,fidefTown Clerk
AP VED AS TO FORM:
An rew .McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 111 BLOCK 2 LOT 1