Loading...
HomeMy WebLinkAboutRes 2014-34RESOLUTION 2014-34 A RESOLUTION OFTHE MAYOR AND COMMON COUNCIL OFTHE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT TITLE OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 303,BLOCK 3,LOT 2 FOUNTAIN HILLS,ARIZONA,ASRECORDED IN THEOFFICEOFTHE COUNTY RECORDEROF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 147OF MAPS,PAGE 4. 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 ofpublic 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 ofprivate property byeasement,deed,subdivision,platorother lawful means;and WHEREAS,all present utility companies have received notification ofthe proposed abandonment. NOWTHEREFORE,BEITRESOLVED BY THE MAYOR AND COUNCIL OFTHETOWNOF FOUNTAINHILLS,as follows: SECTION 1.That the certain public utility easement,located atthe southerly property line of Plat 303,Block 3,Lot 2,Fountain Hills,as recorded the Office ofthe County Recorder of Maricopa County, Arizona,Book 147of Maps,Page4,andasmore particularly described in Exhibit A,attachedheretoand incorporated herein by reference,are hereby declared tobe abandoned by the Town.Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner is required topassthe developed flows generated bythe upstream lots across their property. SECTION 2.That this Resolution is one ofabandonment 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 ofany private party to oppose the abandonment orassert any right resulting there from or existing previoustoanyactionbythe Town. PASSEDAND ADOPTED BYtheMayorandCouncil of theTownofFountain Hills, June 19,2014. FOR THE TOWN OF FOUNTAIN HILLS: Ufitfa m.Kavanagn,Mayor * REVIEWED BY: X&m&Xj^IS).C^ue*fowwv Kenneth Buchanan,Town Manager ATTESTED TO: Bevelyn J.B^hder.^own Clerk ARPROVBD AS TO FORM: Andrew J.McGuire,TownAttorney 0 25'50' SCALE:1""50' DATE:6-5-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 303 BLOCK 3 LOT 2 -—<\-\1.60 NEW 10'x10'P.U.E. (BY SEPARATE- DOCUMENT) BLOCK 3 LOT 2 ABANDON 10'P.U.E.&D.E." N55-24'00"E 110.00' 3