HomeMy WebLinkAboutRes 2013-08RESOLUTION 2013 -08
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE PUBLIC UTILITY EASEMENT AND
DRAINAGE EASEMENT AT THE SOUTHERLY AND EASTERLY PROPERTY LINES
OF PLAT 505 -C, BLOCK 2, LOT 5, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 158 OF MAPS, PAGE 42
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 portions of the certain public utility and drainage easements, located at the
southerly and easterly property lines of Plat 505 -C, Block 2, Lot 5, Fountain Hills, as recorded the Office of
the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 42, 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 T, 2013.
FOR THE TOWN OF FOUNTAIN HILLS:
eFS�M ..y
REVIEWED BY:
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Kenne Buch P nan, Town Manager
ATTESTED TO:
IN ..... '
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APP D W7 :
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A""
PLAT 505C BLOCK 2 LOT 5
A=87'31'55"'
R= 20.00'
/ L= 30.55'
RETAIN P.U.E. `\
go ABANDON D.E. i 7� `\
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LOT 5 Qa
RETAIN P.U.E.
/ABANDON D.E.
ABANDON 10'
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0 20' 40'
SCALE: 1' = 40'
DATE: 1 -8 -13
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y ,�= ABANDONED 10'
P.U.E. & D.E. /
\ MCR 93- 0184451
70 .0o, (E.A. 93 -076)
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ABANDONED 10'
/ r P.U.E. & D.E.
MCR 05- 1907349
(E.A. 05 -22)
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