HomeMy WebLinkAboutRes 2020-13 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
20200234343 03/18/2020 12:57
Development Services Department I RES202013-4-1-1--,N
I ELECTRONIC RECORDING
RESOLUTION 2020-13
A RESOLUTION OF THE MAYOR ANO 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, LOT 51 (17235 EAST FONTANA
WAY), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA
COUNTY,ARIZONA (HPEA 2020-03)
DO NOT REMOVE
This is part of the official document
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RESOLUTION 2020-13
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, LOT 51 (17235 EAST
FONTANA WAY), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF
MARICOPA COUNTY, ARIZONA(HPEA 2020-03)
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 51 (17235 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. Certain lots within this subdivision may be subject to lot-to-lot drainage runoff. The
property owner is required to pass the development flows generated by the upstream lots across
their property.
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 2020-13 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:
n _ ,
Gin Dickey, Mayor ` li eth A. r e, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, ow Manager aron D. Arnson, Town Attorney
2667797.2
RESOLUTION 2020-13 PAGE 3
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
DIAMANTE DEL LAGO FINAL PLAT - LOT 51
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HPEA: 2020-03
HPE AREA: 1,117.82 SF u' 2
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TOTAL AREA LOT 51: 6,011.78 SF
ADDRESS: 17235 E FONTANA WAY -ATE 1,1, 7,,
2667797.2