HomeMy WebLinkAboutRes 2016-03RESOLUTION 2016-03
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAT
505-D,BLOCK 2,LOT 46 (15527 E.GRASSLAND DRIVE),AS RECORDED IN
BOOK 158,PAGE 41,RECORDS OF MARICOPA COUNTY,ARIZONA.EA16-
01.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),as the
governing body of real property located inthe 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 by easement,deed,subdivision, plat or other lawful means;and
WHEREAS,all present utility companies have received notification of the proposed abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,as follows:
SECTION 1. That the certain public utility and drainage easements,located at the rear property
line of Plat 505-D,Block 2, Lot 46 (15527 E.Grassland Drive),as recorded in Book 158,Page 41,
records of Maricopa County,Arizona and as more particularly described in ExhibitA,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 titleto 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 to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,January
ATTESTED TO:
21,2016.
FOR THE TOWN OF FOUNTAIN HILLS
Ufida M.KavarU^h,Mayor /
REVIEWED BY:
^-.YwaM^
Grady E.wn Manager
APRROVED/AS TO FORM:
Andrew J.McGuire,Town Attorney