HomeMy WebLinkAboutRes 2021-09 OFFICIAL RECORDS OF
Town of Fountain Hills I MARICOPA COUNTY RECORDER
16705 E. Avenue of the Fountains I STEPHEN RICHER
Fountain Hills, AZ 85268 I 20210519309, 5/10/2021, 1:26
RES202109-4-1-1--,N
Development Services Department I ELECTRONIC RECORDING
RESOLUTION 2021-09
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 20' PUBLIC UTILITY AND DRAINAGE
EASEMENT AT THE REAR (16955 E NICKLAUS DRIVE)
PROPERTY LINE OF PLAT 401-B, BLOCK 3, LOT 23,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 155, OF MAPS, PAGE 12
DO NOT REMOVE
THIS IS PART OF THE OFFICIAL DOCUMENT
4„
<e:o
that is well'
RESOLUTION 2021-09
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 20' PUBLIC UTILITY AND DRAINAGE
EASEMENT AT THE REAR (16955 E NICKLAUS DRIVE)
PROPERTY LINE OF PLAT 401-B, BLOCK 3, LOT 23,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE
OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 155, OF MAPS, PAGE 12
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 public utility and drainage easement, located at the rear property line of Plat
401-B, Block 3, Lot 23(16955 E Nicklaus Drive) Fountain Hills, as recorded the Office of the County
Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 12, 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 4th day of
May, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginn Dicke , Mayor E izabet . Klein, Town Cler
RESOLUTION 2021-09 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Mill i.wn Manager Aaron D. Arnson, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401B BLOCK 3 LOT 23
�N�ckC
�vs
N 6 nRl VF
842'pp.. \ �
24 7/0 00•
,00
co BLOCK 3
LOT 23 •
ABANDON 20'
& D.E.
22
ti
se.
6S,
11,
>>• > \
N
_'h
W ` � E
S
0 20' 40'
SCALE: 1' = 40'
DATE: 04-5-2021