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HomeMy WebLinkAboutRes 2021-05Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Development Services Department OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 20210409080, 4/13/2021, 08:03 RES202105-4-1 -1 --,N ELECTRONIC RECORDING RESOLUTION 2021-05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE -INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE REAR AND THE NORTHERN 10' PUBLIC UTILITY AND DRAINAGE EASEMENT (16010 N ASPEN DRIVE) PROPERTY LINE OF PLAT 506-A, BLOCK 2, LOT 20, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 159, OF MAPS, PAGE 36 DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE - INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE REAR AND THE NORTHERN 10' PUBLIC UTILITY AND DRAINAGE EASEMENT (16010 N ASPEN DRIVE) PROPERTY LINE OF PLAT 506-A, BLOCK 2, LOT 20, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 159, OF MAPS, PAGE 36 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 10' public utility and drainage easement, located at the rear and the northern 10' public utility and drainage easement property line of Plat 506-A, Block 2, Lot 20 (16010 N Aspen Drive) Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 1159 of Maps, Page 36, 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 6'h day of April, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: RESOLUTION 2021-05 PAGE 2 Ginny Dickey, Mayor REVIEWED BY: Grady E. Mill r, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: /s/ Aaron D. Arnson Aaron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A'1 PLAT 506A BLOCK 2 LOT 20 \ \\ 19 \ \ � 0 506-C N W E S 0 20' 40' SCALE 1" - 40' DATE: 03-18-2021 O <J� BLOCK 2 'o LOT 20 0. ABANDON 10' P.U.E. & D.E. 21 ,�P\' NE'