HomeMy WebLinkAboutRes 2023-29RESOLUTION 2023-29
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 EASTERN
AND SOUTHERN PROPERTY LINES, EXCEPT FOR THE WESTERN 10' OF THE SOUTHERN
EASEMENT, TO BE RETAINED, OF PLAT 602-A, BLOCK 2, LOT 8 (15483 E CAVERN DRIVE)
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS,
PAGE 42
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 public utility and drainage easements, located at the EASTERN
and SOUTHERN property lines, except for the front ten feet (10') of the SOUTHERN easement of
Plat 602-A, Block 2, Lot 8 (15483 E Cavern Drive) Fountain Hills, as recorded in the Office of the County
Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 42, 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 October
3, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTEST r TO:
REVIEWED BY:
Rachael Goodwip( Interirty Town Manager
APPROVED AS TO FORM:
Aaron D. Arnsso Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A23-000009
PLAT 602-A BLOCK 2 LOT 8
i
i
6..
9•
= 10'5739" ?i
R = 575.00'
L = 110.00'
RETAIN 105X10' P.U.E.
& ABANDON 10'X10' D.E.
ELCCK 2
LOT 8
ABANDON 10'
N
N �� P.U.E. & D.E.
N. N
QO.>",,
11,
N. L.!
27
7
{1' ? i F,
0 20• 0'
SCALE: 1' - 40'
DATE: 8-28-2023
40