HomeMy WebLinkAboutRes 2008-14RESOLUTION 2008 -14
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 CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT AT THE SOUTHWESTERLY PROPERTY LINE OF PLAT
428, BLOCK 2, LOT 60, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
155 OF MAPS, PAGE 19, 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 portions of the certain twenty (20') foot public utility and drainage easement,
located at the southwesterly property line of Plat 428, Block 2, Lot 60, Fountain Hills, as recorded in Book
155 of Maps, Page 19, 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, April 3,
2008.
FOR THE TOWN-OF 4UNTAIN HILLS: ATTESTED TO:
• ayor Bevelyn J. B •-�
REVIEWED BY-
Rate Zanon, Interim Town Manager
AP RO TO FORM:
Andrew J. McGwre, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A1l
PLAT 428 BLOCK 2 LOT 60
/ o=
90 °00'00"
R = 20.00'
L = 31.42'
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do �.
-:, BLOCK' 2
RETAIN
P.U.E. & D.E.
15' 30'
1-
SCALE: 1' = 30'
DATE: 2 -22 -08
LOT 60
BANDON 20'
.U.E. & D.E.
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B� V�
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02.
704 73.,
488 Op;