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HomeMy WebLinkAboutRES202329-3-1-1--MCRTown of Fountain Hills 16705 E. Avenue of the Fountains FOUntain Hills, AZ 85268 Development Services Department CAPTION HEADING: RESOLUTION 2023-29 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 20230521090 10/05/2023 01:26 ELECTRONIC RECORDING RES202329-3-1-1-- Tomutac A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGII'I','f ITLE, OR INTEREST IT HAS IN Tin PRE -INCORPORATION 10'PUBLIC" UTILITYAND DRAINAGE EASEMEN TALONG"III EASTERN AND SOUTHERN PROPERTY LINES, EXCEPT FOR THE WEST ERN IWOF TIIE SOUTHERN EASEMENT,TO BE RETAINED., OF PLAT 602-A, BLOCK 2, LOT 8 (15483 E CAVERIN DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARI,ON A, RECORDED IN BOOK 161 OF MAPS, PAGE 42. DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMEN'r lilt is Nic 20230521090 RESOLUTION 2 23-29 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, IZON , ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE - INCORPORATION 0' F'LISLIC UTILITY AND DRAMAGE EASEMENT ALONG THE EASTERN AND SOUTHERN PROPERTY LIMES, EXCEPT FOR. THE WESTERN 10' CIF THE SOUTHERN EASEMENT, Ei T, TO BE RETAINED, OF PLAT E02-A, BLOCK 2, LOT R (15483 E CAVERN DRIVE) FOUNTAIN FALLS, ARIZ NA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF INARfCOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 42 WHEREAS, the Mayor and Council of the Town of Fountain Fulls (the µT n Council'), as the governing body of real property located in the Town of Fountain Bills (the `T n"j, 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 FALLS, as follows: SECTION 1. That the certain public utility and drainage easernents, located at the EASTERN and SOUTHERN property lines, except for the front ten feet (10') of the SOUTHERN easement of Plat f 2-A, Block 2, Lot 8 (1S483 E Cavern Drive) Fountain Fulls, as recorded in the Office of the County Recorder of h arlcopa County, Arizona, Book 161 of Maps, Page 42, and as more particularly described in Exhioit 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 -lent drainage runoff. The property owner is required to pass the developed flogs 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 mills October 3,2023, FOR THE TOWN OF FOUNTAIN HILLS: ATTEST 411,o inny Eli y�Ma r Men k REVIEWED ; Rachael Ooodwt , Inter Town Manager APPROVED AS TO FORS. ,baron . Arnson, �At omey 20230521090 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "All A23-000009 PLAT 602 A BLOCK 2 LOT 8 R = 57. t = 110,00' RETAN 10'X10' PU,L 00, ABANDON 1 O'X 10' D.E. N-1 LOT 8 ABAN:)( . . . ... ...................... . 0 20r 'w, mu%mm?mmmm SCALE' 1' - +0' DAT---: B-28-2023 ft 4C, "irds-, g / Sri I �