HomeMy WebLinkAboutRes 2018-49 Town of Fountain Hills 1
16705 E. Avenue of the Fountains 1 OFFICIAL RECORDS OF
I MARICOPA COUNTY RECORDER
Fountain Hills, AZ 85268
ADRIANFONTES
20180670999 09/05/2018 4:23 PM
Development Services Department ] ELECTRONIC RECORDING
RES201849-2-1-1--,N
RESOLUTION 2018-49
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 20' PUBLIC UTILITY AND DRAINAGE EASEMENTS
LOCATED AT THE REAR PROPERTY LINE OF PLAT 401-B,
BLOCK 6, LOT 40, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 12.
DO NOT REMOVE
This is part of the official document
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RESOLUTION 2018-49
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 20' PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 401-B,
BLOCK 6, LOT 40, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED
IN BOOK 155 OF MAPS, PAGE 12
RECITALS:
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.
ENACTMENTS:
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 public utility and drainage easement, located at the rear
property line of Plat 401-B, Block 6, Lot 40, Fountain Hills, as recorded the Office of the County Recorder of
Maricopa County, Arizona, Book 155 of Maps, Page 12, a triangular easement area 10'wide at the easterly
side property line, by 50' length at the rear property line shall be retained, 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, September 4, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
L da M. K a'n/ h, May tr444142—betREVIEWED BY: AP :
Grady E. Miller, Tow. .er ` In •rim n Attorney
'icki• o right, PLLC