HomeMy WebLinkAboutRes 2014-46RESOLUTION 2014-46
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA,ABANDONINGWHATEVERRIGHT,TITLE,OR
INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE
REAROFTHE PROPERTY LINEOFPLAT 605D,BLOCK1LOT5,FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OFMARICOPACOUNTY,ARIZONA,RECORDED INBOOK 164 OFMAPS,PAGE
15.
WHEREAS,theMayorandCounciloftheTownofFountain Hills (the "Town Council"),asthe
governing bodyofrealpropertylocated in theTownofFountain Hills (the "Town"),mayrequirethe
dedication of public streets,sewer,water,drainage,andother utility easements or rights-of-way within any
proposed subdivision;and
WHEREAS,theTownCouncilhastheauthorityto accept orrejectoffersofdedicationofprivate
property by easement,deed,subdivision,plator other lawful means;and
WHEREAS,all present utility companies havereceived notification ofthe proposed abandonment.
NOW THEREFORE,BEIT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,as follows:
SECTION1.Thatthecertainpublic utility easement,locatedattherearpropertylineofPlat
605D,Block 1,Lot 5,Fountain Hills,asrecordedthe Office oftheCountyRecorderof Maricopa County,
Arizona,Book164ofMaps,Page 15,and as moreparticularly described inExhibit A,attached heretoand
incorporatedhereinby reference,arehereby declared tobe abandoned bytheTown.Certainlots within
thissubdivisionare subject tolot-to-lot drainage runoff.Thepropertyownerisrequiredto pass the
developed flows generated bythe upstream lots across theirproperty.
SECTION2.ThatthisResolutionisoneof abandonment anddisclaimerbytheTownsolelyfor
the purpose ofremovinganypotentialcloudonthetitletosaidpropertyandthattheTowninnoway
attempts toaffecttherightsofanyprivatepartyto oppose the abandonment or assert anyrightresulting
there fromorexisting previous to any actionby the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 20,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
REVIEWED BY:
Ken Buchanan,Town Manager .McGuire,TownAttorney
SCALE:f =30"
DATE:10-29-14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605D BLOCK 1 LOT 5
ABANDON 10'
P.U.E.&D.E.