HomeMy WebLinkAboutRes 2019-49 RESOLUTION 2019-49
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 10' PUBLIC UTILITY
AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE
OF PLAT 602B, BLOCK 2, LOT 26, AS RECORDED IN BOOK 166, PAGE
32, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2019-16)
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 a portion of the certain ten foot (10) public utility and drainage easement, at
the rear property line of Plat 602B, Block 2, Lot 26, (15933 E. Lantana Lane) Fountain Hills, as
recorded the Office of the County Recorder of Maricopa County, Arizona, Book 166 of Maps, Page
32, and as shown in Exhibit A, 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.
SECTION 3. That this resolution is subject to the following stipulations:
A. Property owner shall provide acceptable hydrologic/hydraulic calculations for the 100-year
storm. (Areas within the 100-year flood elevation plus the appropriate freeboard will be
retained.)
B. Property owner shall provide an acceptable easement abandonment exhibit(Exhibit A)map
for recordation, showing the easement areas to be abandoned versus those that will be
retained.
RESOLUTION 2019-49 PAGE 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 5th day of
November 5, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gin Dickey, Mayor , abeth . urke, Town CI r
REVIEWED BY: APPROVED AS TO FORM:
( c
Grady E. Miller o n Manager Aaron D. Arnson, Town ATtorney
RESOLUTION 2019-49 PAGE 3
Exhibit A - Map
The Exhibit A map will be prepared and sealed by the applicant's Land Surveyor,
submitted to the Town, and approved by Staff, prior to recordation of this Abandonment.