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HomeMy WebLinkAboutRes 2020-11 Town of Fountain Hills I OFFICIAL RECORDS OF 16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER Fountain Hills, AZ 85268 I ADRIAN FONTES I 20200235489 03/18/2020 2:33 Development Services Department I RES202011-4-1-1--,N ELECTRONIC RECORDING RESOLUTION 2020-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROERTY LINE OF DIAMANTE DEL LAGO (17212 EAST FONTANA WAY), AS RECORDED IN BOOK 516,PAGE 17,RECORDS OF MARICOPA COUNTY,ARIZONA(HPEA 2020-01) DO NOT REMOVE This is part of the official document AI N447 y f � wt ,! • that is 01' RESOLUTION 2020-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROERTY LINE OF DIAMANTE DEL LAGO (17212 EAST FONTANA WAY), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA (HPEA 2020-01) 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, the Town Council has the authority to abandon easements. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the hillside protection easement at the rear property line of Diamante del Lago, Lot 88 (17212 E. Fontana Way), Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 516, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. SECTION 3. 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 property to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. RESOLUTION 2020-11 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 17th day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 0 - j/_ , Gin y, Dickey, Mayor EI za et Burke, Town e REVIEWED BY: APPROVED AS TO FORM: l� 4 Grady E. Miller, w Manager aron D. Arnson, Town Attorney RESOLUTION 2020-11 PAGE 3 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" DIAMANTE DEL LAGO FINAL PLAT - LOT 88 TRACT C N 86'38'08" W-.60 00' , //// ....r• //// / /7/ io I ABANDON HPE I I in b I 0 0 N f 4 I LOT 88 I © 89 r In CV N Z r7 TRACT G 0 1 z I I j _' - . .--- A=03'00'27" ! L= 35,76' ---- —'' d, '-RETAIN 8' - FOW t''14IR 1 P2 1 tl. p HPEA: 2020-01 HPE AREA: 1,411.62 SF 0 ,G. VI' 11111111111111111 TOTAL AREA LOT 88: 6,583.28 SF ...�-00- ADDRESS: 17212 E FONTANA WAY -)ATE, 1/15/2020