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HomeMy WebLinkAboutRes 2014-23RESOLUTION 2014-23 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 DRAINAGE EASEMENT AND PUBLIC UTILITY EASEMENT AT THE REAR PROPERTY LINE OF PLAT 431,BLOCK 6, LOT 7,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPACOUNTY,ARIZONA,RECORDED IN BOOK 151 OF MAPS,PAGE 43. WHEREAS,the Mayor and CounciloftheTownof Fountain Hills (the"TownCouncil"),as the governing bodyofreal property located in the Town of Fountain Hills (the "Town"),may require the dedication ofpublic streets,sewer,water,drainage,and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,the TownCouncil has the authority to accept or reject offersof dedication ofprivate propertyby easement,deed,subdivision,plator other lawful means;and WHEREAS,all present utility companies have received notification of the proposed abandonment. NOW THEREFORE,BEIT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.That the certain publicutility and drainage easement,located at the northerly property lineofPlat 431,Block6,Lot7,Fountain Hills,as recorded the Officeof the County Recorder of Maricopa County,Arizona,Book 151 of Maps,Page 43,and as more particularly described inExhibitA, attached hereto and incorporated herein by reference,are hereby declared to be abandoned by the Town. Certain lotswithinthis subdivision are subject tolot-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 ofremoving any potentialcloudonthetitleto said property and that theTowninnoway attempts toaffect the rightsof any privatepartyto oppose the abandonment or assert anyrightresulting there fromor existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, May15,2014. FOR THE TOWN OF FOUNTAIN HILLS: btrfda M.Kavaniagh,Mayor £ REVIEWED BY: ¥^CfdL^/P.C5nu C^XkC Kenneth Buchanan,Town Manager ATTESTED TO: Andrew J.McGuire,Town Attorney 6 0 15'30* SCALE:1"=30' DATE:4-24-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 431 BLOCK 6 LOT 7 N 89'55'10"W ABANDON 20'- P.U.E.&c D.E. BLOCK 6 LOT 7 PROPOSED 10'x10'P.U.E. (BY SEPARATE INSTRUMENT) EAST 85.00' BACA DRIVE 8