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HomeMy WebLinkAboutRes 2023-17RESOLUTION 2023-17 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 ALONG THE SOUTHERN PROPERTY LINE OF PLAT 602D, BLOCK 2, LOT 15 (15509 E EL LAGO BOULEVARD) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 166 OF MAPS, PAGE 34 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real properly 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 public utility and drainage easement, located at the SOUTHERN property line of Plat 602D, Block 2, Lot 15 (15509 E El Lago Boulevard) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 166 of Maps, Page 34, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the Town. Certain Tots 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 May 16, 2023. FOR THE TOWN OF FOUNTAIN HILLS: Gin Dickey, Mayor REVIEWED B Rachael Goodwin, Town Manager ATTESTED TO: da Mendenhall, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attomey TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" A23-000007 PLAT 602-D BLOCK 2 LOT 15 {1' 40' SCALE: r - 40' DATE: 4-24-2023 z 0 CA 0 0 0 N 0 0 E EL LAGO BLVD N 86'40100" E - 100.00' BLOCK 2 LOT 15 ABANDON 10' P.U.E. & D.E. z 0 N 0 0 16 �I En O O •,� N 86'40'00" E - 100.00' PARCEL "A" WASH S H COLONY