HomeMy WebLinkAboutRes 2017-24RESOLUTION 2017-24
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 SOUTHERLY PROPERTY LINES OF PLAT
505-D,BLOCK 2, LOT 53, AS RECORDED IN BOOK 158, PAGE 41,
RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2017-04)
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 ten foot (10) public utility and
drainage easement, at the southerly property lines of Plat 505-D,Block 2, Lot 53, as
recorded in book 158, page 41, records of Maricopa County, Arizona, 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,
August 15, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
610. 6
•.70. .•
REVIEWED BY:
0*,,VV� \NULGA
Grady E.Iler, Town Manager
ATTESTED TO:
Q& I MR
fVhder;ffown Clerk
i
APP E AS TO FORM:
— ( ) 4!f��
An ew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505D BLOCK 2 LOT 53
�4cgTF �\
\
5 4
N \\
62.010 \\`\
4 i NEW 10'X10' PUE
BY SEPARATE INSTRUMENT I
,00 �
=58°05'00"
= BLOCK 2 R =20.00' I
LOT 53 L =20.28'
RETAIN 10'X10' z
\ �( P.U.E. & D.E. 0 rTl I
ABANDON 10' _ C)i T
P.U.E. & D.E. o
o O I
_
o /V o I
0 2• �
^O' s°'°o,, i
37 > I
'00' E-105.00
N 84'15
51
I
ltl 52 V ��&D LAND SG
�\F ICA TF PL
YY E \ G�� 16545
I� RANDY L. A
HARREL
SA
0 15' 30' S�9ned��
SCALE: 1' = 30' FA;olres 3/3A/\b
DATE: 6/27/17