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HomeMy WebLinkAboutRes 2023-36RESOLUTION 2023-36 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 20' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHWESTERN PROPERTY LINE OF PLAT 505-D, BLOCK 2, LOT 36 (16414 N DIXIE MINE TRAIL) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158 OF MAPS, PAGE 41 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 acceptor 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 SOUTHWESTERN property line of Plat 505-D, Block 2, Lot 36 (16414 N Dixie Mine Trail) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 41, 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 November 21, 2023. FOR THE TOWN OF FOUNTAIN HILLS: Q Ginny ckkey Mayorl 2" REVIEWED B Rachael toodwin, own Manager ATTESTED TO: inda Mendenhall, Townit-4 APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" A23-0000012 PLAT 505-D BLOCK 2 LOT 36 37 O BLOCK 2 LOT 36 .(, \ ABANDON 20' P.U.E. & D.E. 35 I F N. F, �9s a w MAP: 11-2-2023