HomeMy WebLinkAboutRes 2013-53RESOLUTION 2013 -53
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 EASEMENTS AT THE
SOUTHERLY AND EASTERLY PROPERTY LINES OF PLAT 401 -B, BLOCK 3, LOT
5, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF
MAPS, PAGE 12.
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 Easterly and
Southerly property lines of Plat 401 -B, Block 3 Lot 5, Fountain Hills, as recorded the Office of the County
Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 12, 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 21. 2013.
17U: i1: I *0lh901 Kelm Isle] 01 /_11LI 1:111111*31
M.a M. Kavanalgj, Mayor i
REVIEWED BY:
Ken Buchanan, Town Manager
ATTESTED TO:
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0 RO AS TO FORM:
w J. McGuire, Town Attorney
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DATE: 10 -21 -13
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401B BLOCK 3 LOT 5
4
ABANDON 20'
P.U.E. & D.E.
BLOCK 3
LOT 5
ABANDON 10'
P.U.E. & D.E.
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