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HomeMy WebLinkAboutRes 2014-18RESOLUTION 2014-18 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVERRIGHT,TITLE,OR INTEREST IT HAS IN THE DRAINAGE EASEMENT AND PORTIONS OF THE PUBLIC UTILITY EASEMENT AT THE NORTHERLY AND NORTHEASTERLY PROPERTY LINESOFPLAT604B,BLOCK6,LOT20,FOUNTAIN HILLS, ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPACOUNTY,ARIZONA,RECORDED IN BOOK196OFMAPS,PAGE27. WHEREAS,the Mayor and Council ofthe Town of Fountain Hills (the "Town Council"),asthe governing body ofreal property located in the Town of Fountain Hills (the "Town"),may require the dedication of public streets,sewer,water,drainage,andother utility easements or rights-of-way within anyproposed subdivision;and WHEREAS,theTown Council hasthe authority to accept orrejectoffersofdedicationofprivate propertyby easement,deed,subdivision,plator other lawful means;and WHEREAS,allpresent utility companieshavereceived notification oftheproposedabandonment. NOW THEREFORE,BEIT RESOLVED BY THE MAYORAND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.Thatthedrainage easement andportionsofthecertain public utility easement, locatedatthenortherly and northeasterly propertylinesofPlat604B,Block6,Lot20,Fountain Hills,as recordedthe Office oftheCountyRecorderofMaricopa County,Arizona,Book 196 ofMaps,Page27,and as more particularly described in Exhibit A,attached heretoandincorporatedhereinbyreference,are hereby declared tobe abandoned bytheTown.Certainlots within thissubdivisionaresubjectto lot-to-lot drainage runoff.Thepropertyownerisrequiredto pass the developed flows generated bytheupstreamlots across their property. SECTION 2.Thatthis Resolution isoneof abandonment anddisclaimerbytheTownsolely for thepurposeof removing anypotentialcloudonthe title tosaidpropertyandthattheTown in noway attemptstoaffecttherightsofanyprivatepartyto oppose the abandonment or assert any right resulting there fromorexisting previous toanyactionbytheTown. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 17,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Lfrera M.Kavanegh,Mayor REVIEWED BY:APPROVED AS TO FORM: ^o dixt^Jx KennethBuchanan,TownManager jf^AfiaTew^.McGuire,Town Attorney SCALE:1"-40' DATE:4-8-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 604B BLOCK 6 LOT 20