HomeMy WebLinkAboutRes 2024-02RESOLUTION 2024-02
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
PROPERTY LINE OF PLAT 605-D, BLOCK 6, LOT 13 (11415 N BUFFALO DRIVE) FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 164 OF MAPS, PAGE 15
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
property line of Plat 605-D, Block 6, Lot 13 (11415 N Buffalo Drive) Fountain Hills, as recorded in the
Office of the County Recorder of Maricopa County, Arizona, Book 164 of Maps, Page 15, 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 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 January
17, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:
Gin Dickey, Mayor
REVIEWED BY:
Rachael Goodwinanager
ATTESWD TO:
a Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A23-000015
PLAT 605-D BLOCK 6 LOT 13
z
0
0
0
0
N
E
20' 40'
SCALE: 1' - 40'
DATE: 12-11-2023
E MUSTANG DR
N 85'30'00" E - 105.00'
A = 90'00'00"
R = 20.00'
L = 31.42'
BLOCK 6
LOT 13
ABANDON 10'
P.U.E. & D.E.
N 85'30'00" E-125.00'
12
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