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RESOLUTION 2020-06
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE,
OR INTEREST IT HAS IN THE 20' PUBLIC UTILITY AND DRAINAGE
EASEMENT LOCATED AT THE NORTHERLY (SIDE), AND ABANDON-
MENT OF THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE
WESTERLY(REAR), OF PLAT 403-B, BLOCK 2, LOT 8, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 159, OF MAPS,
PAGE 11
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 side and rear
property lines of Plat 403-B, Block 2, Lot 8 (16807 East Monterey Drive) Fountain Hills, as recorded
the Office of the County Recorder of Maricopa County, Arizona, Book 159 of Maps, Page 11, 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 18th day
of February, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
1
Gin Dickey, Mayor El zabet . Burke, Town rk
RESOLUTION 2020-06 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
A90,(i/ti - . \'\;01C"- .._
Grady E. Mil r, T wn Manager Aaron D. Arnson, Town Attorney