HomeMy WebLinkAboutRes 2009-34RESOLUTION 2009- 34
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY
AND DRAINAGE EASEMENTS AT THE SOUTHWESTERLY PROPERTY
LINE OF PLAT 203, BLOCK 10, LOT 11, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 149 OF MAPS, PAGE 29, 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, subdivision, 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 the certain twenty foot (20') public utility and drainage easements,
located at the southwesterly property line of Plat 203, Block 19, Lot 11, Fountain Hills, as recorded
in Book 149 of Maps, Page 29, 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 Hells,
September 17, 2009.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
J lum, Mayor
REVIEWED BY:
Richard . Davis, Town Manager
13evelyn J. BYder own Clerk
APPINVED AS TO FORM:
( )P] " , ,
An w J. McGuire, Town Attorney
I,'
Y �
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 203 BLOCK 10 LOT 11
®= 88'15'05" q�
R 20.00' 14
L = 30.81'
9; °0"
(P 6 N, NN�
d = 38.56 r 333
R = 45.00 11
`! L = 30.59' Q = 40'12'49»
R = 45.00
rf / L = 31.58'
PROPOSED 10'x10' P.U.E.
(BY SEPARATE INSTRUMENT)'
f,
BLOCK 10
LOT 11
PROPOSED 20' SLOPE, RETAINING
WALL & SIDEWALK EASEMENT
(BY SEPARATE INSTRUMENT),
a
ABANDON 20'
\ �{ P.U.E. & D.E.
pp \
0-
1 y 9
\
11'
4 25' 50.
SCALE: 1' s 50'
DATE: 8 -27 -09
:"1
12
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RA Y L
HARREL