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HomeMy WebLinkAboutRes 2014-48RESOLUTION 2014-48 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAINHILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLYOFTHE PROPERTY LINEOFPLAT 401B,BLOCK3LOT45, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 155 OF MAPS,PAGE 12. WHEREAS,theMayorandCounciloftheTownofFountain Hills (the"TownCouncil"),as the governing bodyofreal property located in the Townof Fountain Hills(the"Town"),may require the dedicationofpublic streets,sewer,water,drainage,andother utility easements orrights-of-way within any proposed subdivision;and WHEREAS,theTownCouncil has the authority to accept or reject offers of dedication ofprivate property by easement,deed,subdivision,plator other lawful means;and WHEREAS,all present utility companies have received notificationof 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 public utility and drainage easement,located at the northerly property lineof Plat 401B,Block3,Lot45,Fountain Hills,as recorded the Officeof the County Recorder of Maricopa County,Arizona,Book 155 of Maps,Page 12,and as more particularly described inExhibitA, attached hereto and incorporated herein by reference,are hereby declared tobe 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 bythe upstream lots across theirproperty. 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 titleto said property and that the Towninnoway attempts to affect the rightsof any private party to oppose the abandonment or assert any right resulting there fromor existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanaqh,Mayor ' REVIEWED BY: fyx C^aci/cQUAjpL*/^ Ken Buchanan,Town Manager Andrew J.MsGuire,Town Attorney SCALE:1"=30' DATE:11-10-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 401B BLOCK 3 LOT 45 res 3/