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HomeMy WebLinkAboutRes 2020-28 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 20200448647 05/26/2020 4:29 Development Services Department I RE5202028-4-1-1--,N ELECTRONIC RECORDING RESOLUTION 2020-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENT ON PLAT 603-B, BLOCK 5 LOT 11, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 41 DO NOT REMOVE This is part of the official document 4 c AIN yr �p l c . W w . that isP'sv RESOLUTION 2020-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENT ON PLAT 603-B, BLOCK 5 LOT 11, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 41 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 on Plat 603-B, Block 5, Lot 11, (15601 East Cholla Drive) Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 41, 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, this 19th day of May, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny i key, ayor lizabet . Burke, Town erk 1 RESOLUTION 2020-28 PAGE 2 REVIEWED BY: APPROVED AS TO FORM: .4 \ ` (---- _.--- ----- .--:- ----) _ _ , Grady E. Mil sown Manager Aaron D. Arson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603—B BLOCK 5 LOT 11 Cy� N e so 0o q 4)Ri1� 10 00 ti. im r ..00 BLOCK 5 00 ry, LOT 11 10. ABANDON 10' .00 1 2 -., P.U.E. & D.E. o • --,\ \\ 8000' 2 603—A \ N B LK 5 --..6So'oo„ �I 11 iv 4 N 603—A \ ,.,, B LK 5 -.- �o LAND �� ���� E 12 y.s.t f ICATe SG ViIC� 603—A d� S BLK 5 RAN ar;,• • 1 13 ^y 0 20' 40' q, ��r� y. SCALE: ,• - 40' � ,► �5� DATE: 4-30-2020 4Pirea 3/31I�',