HomeMy WebLinkAboutRes 2023-32RESOLUTION 2023-32
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
AND EASTERN PROPERTY LINES OF PLAT 401-A, BLOCK 6, LOT 24 (17315 E ZAHARIAS
DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS,
PAGE 11 AND AS CORRECTED IN BOOK 156 OF MAPS, PAGE 2, AND IN BOOK 159 OF
MAPS, PAGE 10
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 SOUTHERN
and EASTERN property lines of Plat 401-A, Block 6, Lot 24 (17315 E Zaharias Drive) Fountain Hills, as
recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 11
and as Corrected in Book 156 of Maps, Page 2, and in Book 159 of Maps, Page 19, 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
17, 2023.
FOR THE TOWN OF
FOUNTAIN HILLS:
✓�� C ( /
Ginny ckey, Mayor
ATTESTED TO:
ifida Mendenhall, Town Clerk
APPR VED AS TO FORM:
Rachael Godwin. nterim Town Manager on , Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A23-0000010
PLAT 401—A BLOCK 6 LOT 24
23
E ZAHARIAS DR
= 22'39'37"
R = 370.00'
L = 146.33'
Z
o BLOCK 6
co.
LOT 24
SCALE: 1' - 40'
DATE: 9-20-2023
ABANDON 10'
P.U.E. & D.E.
22
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