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HomeMy WebLinkAboutRes 2010-3910:14161111111111111011 Ill GIIrF1 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 PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE NORTHWESTERLY PROPERTY LINE OF PLAT 201 -A, LOT 8; AND IN A PORTION OF THE PUBLIC UTILITY, DRAINAGE, AND SLOPE EASEMENT LOCATED IN THE SOUTHEASTERLY PORTION OF PLAT 201 -A, PARCEL A; BOTH FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 150 OF MAPS, PAGE 32 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 northwesterly property line of Plat 201 -A, Lot 8; and the Public Utility, Drainage, and Slope Easement located in the southeasterly portion of Plat 201 -A, Parcel B; both in Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 150 of Maps, Page 32, 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, November 4, 2010. FOR THE TOWN OF FOUNTAIN HILLS: Jay T cl m, Mayor REVIEWED BY: Richar7own Manager ATTESTED TO: AP O ED AS TO FORM: Andrew J. McGuiray, Town Attorney r D N O is m r- 0 C-) m N* m z 3 r mp XZ„ OD W >Q Z Z z DD OD Z z 3= m o z O D n m r UO \ M I I I iD . N 50,50, 0, I j I I r� W I I N I I I o o m m-o �D I (n m - D z z Oa nmo nzm zl � , 0 o O mi z WI O IG o SF u. 'c; in o m m ml 0o I ao "vands N 6170'4007" W PARCEL "B" 2 R A,N,> I I I I r D N O is m r- 0 C-) m N* m z 3 r mp XZ„ OD W >Q Z Z z DD OD Z z 3= m o z O D n m r UO