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HomeMy WebLinkAboutRes 2010-11RESOLUTION 2010 -11 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHEASTERLY AND EASTERLY PROPERTY LINES OF PLAT 5068, BLOCK 1, LOT 59, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159, PAGE 03, RECORDS OF MARICOPA COUNTY, ARIZONA. 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 northeasterly and easterly property lines of Plat 5068, Block 1, Lot 59, Fountain Hills, as recorded in Book 159, Page 03, Records of Maricopa County, 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, May 20, 2010. FOR THE TOWN OF FOUNTAIN HILLS: J c lum, Mayor REVIEWED BY: Richard . Davi Manager NTTESTED TO: APP „uyED rT0 FOR Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 5068 BLOCK 1 LOT 59 4s ro 6 R \ PROPOSED ACCESS EASEMENTS (BY SEPARATE INSTRUMENT ck- Q —TOWN TO SCHADER) D F) K w PROPOSED ACCESS EASEMENT pq q (BY SEPARATE SCH DER TO TOWN) MENT RCF� A y R 0S < ° ry493g. � l09 ?90' 8 U✓ ry ° l ABANDON P.U.E. & D.E. /S" BLOCK 1 LOT 59 PROPOSED ACCESS EASEMENT & PUE (BY SEPARATE INSTRUMENT - SCHADER TO TOWN AND UTILITIES) o N 88.54'32° E B, Q �OGS,99ti 170.13' N oa o- Ro 16545 `o ° RANDY L f i +P`�G W E 0= 02'41'50° -�'�N 70500 PpO R L = 425.00' = 20.01' ftP /lee 40y�c�' s 0 2W 4d DRIVE SGIE 1'_4e' DATE 4 -14-10 \ BASED ON RECORDED & CALCULATED DIMENSIONS & BEARINGS PROPOSED ACCESS EASEMENT & PUE (BY SEPARATE INSTRUMENT - SCHADER TO TOWN AND UTILITIES) w P• Y B, Q �OGS,99ti i LAN, S 9t�t�F1GTt..�'D�a^ 16545 `o ° RANDY L v HARREL o ftP /lee