HomeMy WebLinkAboutRes 2011-46RESOLUTION 2011A6_
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE PUBLIC UTILITY AND DRAINGAE
EASEMENT AT THE REAR PROPERTY LINE OF PLAT 602 -A BLOCK 1 LOT 28,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN 1300K 161 OF
MAPS, PAGE 42.
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 o 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 portions of the certain public utility and drainage easement, located at the rear
property line of Plat 602 -A, Block 1 Lot 28, Fountain Hills, as recorded in the Office of the County Recorder
of Maricopa County, Arizona, Book 161 of Maps, Page 42, 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 disclaim .r 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,
December 1, 2011.
FOR THE TOWN OF FOUNTAIN HILLS:
J T. chlu ,Mayor
REVIEWED BY:
0(, a.- h&-j�
Julie G tti, Intl im Town Manager
rIIZ&VIROW0 i
Bevelyn J. Berle er, rown Clerk
AaRVEM S TO FORM:
quire, Town Attorney
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