HomeMy WebLinkAboutRes 2008-12RESOLUTION 2008 -12
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN DRAINAGE EASEMENT AT
THE NORTHEASTERLY PROPERTY LINE OF PLAT 505A, BLOCK 5, LOT 12,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 40,
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 a portion of the certain twenty foot (20') drainage easement, located at the
northeasterly property line of Plat 505A, Block 5, Lot 12, Fountain Hills, as recorded in Book 158 of Maps,
Page 40, 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 OPTED BY the Mayor and Council of the Town of Fountain Hills, March
20, 2008.
FOR THE T WN OF I 0UNTAIN HILLS: ATTESTED TO:
W (. U,� — L
W. J. Nichols, a r N Bevelyn J. B W, Town Clerk
REVIEWED BY:
Kate Z inon, Interim Town Manager
APP VED S TO FORM:
mnl-
AndrbWJ. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A11
PLAT 505A BLOCK 5 LOT 12
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20' 40'
SCALE: 1' = 40'
DATE: 1 -25 -08
18545
RANDY
2
ABANDON
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N. 89'27'40 "_W
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223.23'
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20' 40'
SCALE: 1' = 40'
DATE: 1 -25 -08
18545
RANDY
2