HomeMy WebLinkAboutRes 2018-58 Town of Fountain Hills I OFFICIAL RECORDS OF
16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER
ADRIAN FONTES
Fountain Hills, AZ 85268 I 20180830299 11/07/2018 2:30 PM
j ELECTRONIC RECORDING
Development Services Department I EA201816-2-1-1--N
I
RESOLUTION 2018-58
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 AT THE REAR PROPERTY LINE OF PLAT 401-
B, BLOCK 3, LOT 13, (10211 N. NICKLAUS DRIVE)
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS,
PAGE 12. (EA 2018-16)
DO NOT REMOVE
This is part of the official document
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RESOLUTION 2018-58
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 AT
THE REAR PROPERTY LINE OF PLAT 401-B, BLOCK 3, LOT 13, (10211 N.
NICKLAUS DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED
IN BOOK 155 OF MAPS, PAGE 12 (EA 2018-16)
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 the certain public utility and drainage easement, located at the rear property line of
Plat 401-B, Block 3 Lot 13, Fountain Hills, as recorded the Office of the County Recorder of Maricopa
County, Arizona, Book 155 of Maps, Page 12, 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, this 6th day of
November, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Li a M Kavanagh, Mayor lizabeth ""7.urke, Town C er
REVIEWED BY: APP'OVED AS TO FORM:
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Grady E. Miller, own anager Aaron D. Arnson, Town Attorney