HomeMy WebLinkAboutRes 2009-30RESOLUTION 2009 -30
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE NORTHWESTERLY PROPERTY LINE OF 'Plat
426, Block 2, 'Lot 83, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155
OF MAPS, PAGE 19, RECORDS OF MARICOPA COUNTY, ARIZONA.
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, subdivisions, plat or other lawful means: and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
NOW THEREFORE, BE IT'RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That portions of the certain ten (10') foot Public Utility and Drainage easements,
located at the northwesterly properly line of Plat 428, Block 2, Lot 83, Fountain Hills, as recorded in Book
155, Page 19 of Maps, Records of Maricopa County, 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, August
20, 2009..
FOR THE TOWN OF FOUNTAIN HILLS:
5?7-S�,�
chlum, Mayor
REVIEWED BY:
1;�a,z4
Richard L. avi own Manager
ATTESTED TO:
r z .�� Mw
-,ld6(, Town Clerk
AP RO S TO FORM:
An rew J. McGuire, Town Attorney
68
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EX H I BIT "A"
PLAT 428 BLOCK 2 LOT 83
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ABANDON 10'
P.U.E. & D.E.
BLOCK 2
LOT 83
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D = 38'56'33"
R = 45.00'
L = 15.91'
/
A= 52'55'52"
r R= 45.00'
/ L = 41.57'
RAD.
/ N 87'20'41" E
/ -- 175.21'
/ 70 PROPOSED 10'x10' P.U.E.
Q (BY SEPARATE INSTRUMENT)
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DATE: 7 -7 -09P �� j
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ABANDON 10'
P.U.E. & D.E.
BLOCK 2
LOT 83
i
D = 38'56'33"
R = 45.00'
L = 15.91'
/
A= 52'55'52"
r R= 45.00'
/ L = 41.57'
RAD.
/ N 87'20'41" E
/ -- 175.21'
/ 70 PROPOSED 10'x10' P.U.E.
Q (BY SEPARATE INSTRUMENT)
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94 LAND
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HARREL d
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SCALE: r - 40'
DATE: 7 -7 -09P �� j