HomeMy WebLinkAboutRes 2024-09RESOLUTION 2024-09
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 PROPERTY LINE OF PLAT 604-A, BLOCK 4, LOT 4 (15027 E PALOMINO
BOULEVARD) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 165 OF MAPS, PAGE 16
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 easement, located at the southern
property line of Plat 604-A, Block 4, Lot 4 (15027 E Palomino Boulevard) Fountain Hills, as recorded in the
Office of the County Recorder of Maricopa County, Arizona, Book 165 of Maps, Page 16, 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 March
19, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:
4
Ginny (dickey, Mayor
REVIE
Rachael
, Town Manager
ATTESTED TO:
Mei,„a„
a Mendenhall, Town Clerk
APPRQVED AS TO FORM:
Aaron D. Arnson, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A24-000004
PLAT 604-A BLOCK 4 LOT 4