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HomeMy WebLinkAboutRes 2014-35RESOLUTION 2014-35 ARESOLUTIONOFTHE MAYOR ANDCOMMONCOUNCILOFTHETOWNOF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT TITLE OR INTERESTITHAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTATTHE SOUTHERLY PROPERTY LINE OF PLAT 506B,BLOCK 1,LOT 38,FOUNTAIN HILLS,ARIZONA,ASRECORDED IN THEOFFICEOFTHECOUNTYRECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK159OFMAPSPAGE 3. 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 byeasement,deed,subdivision,platorother lawful means;and WHEREAS,all present utility companies have received notification ofthe proposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.Thatthe certain public utility and drainage easement located attherearand southerly property line of Plat 506B,Block 1,Lot 38,Fountain Hills,as recorded the Office of the County Recorder of Maricopa County,Arizona,Book 159 of Maps,Page 38,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 toany action bythe Town. PASSED ANDADOPTEDBY the Mayorand Council of the Town of FountainHills June 19,2014. FOR THE TOWN OF FOUNTAIN HILLS: la M.Kava/Tagh,May REVIEWED BY: KennethBuchanan,TownManager ATTESTED TO: Bevelyn^Berber,Town Clerk S TO FORM: ndrew J.McGuire,TownAttorney SCALE:1"-30' DATE:6-5-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 506B BLOCK 2 LOT 38 37*7*