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HomeMy WebLinkAboutRes 2020-35 RESOLUTION 2020-35 A RESOLUTION OF THE MAYOR AND 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 EASEMENT LOCATED AT THE REAR OF PLAT 505A, BLOCK 2, LOT 9, (15529 E RICHMOND AVENUE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158, PAGE 40 OF MAPS 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 10' public utility and drainage easement located at the rear of Plat 505A, Block 2, Lot 9, (15529 E Richmond Avenue), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 40, is hereby declared to be abandoned by the Town as shown in Exhibit A. 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 24th day of August, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginn ickey, ayor E izabeth urke, Town Cle REVIEWED BY: APPROVED AS TO FORM: , LA/U..4' Grady E. Miller, T Manager aron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505A, BLOCK 2, LOT 9 w (.71 7J RICH WOOD AVE N 88 25 00 E — 80.00' = 90'00'00" R = 20.00' L = 31.42' 25' R/W 25' R/W 0 c,3 LOT 8 o LOT 9 p = 18'17'03" R = 255.00' 0 4. L = 81.38' crA -23 O p ABANDON 10' RETAIN 10' �? P.U.E. & D.E. P.U.E. & D.E. --i N 88'25'00" E — 112.87 N LOT 10 Rip LAND S N ( s)c c5" 16545 +c? o RANDY L. HARREL ni Nnoccit,iry 0 15' 30'S _ 4)'ZavA s P DATE: 6-3-20 �kOJres 3/3A11\