Loading...
HomeMy WebLinkAboutRes 2016-35RESOLUTION 2016-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE NO VEHICULAR ACCESS EASEMENT AT A PORTION OF THE STREET SIDE OF PLAT 203, BLOCK 9, LOT 1, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 149 OF MAPS, PAGE 29 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 by easement, deed, subdivision, plat or other lawful means; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain no vehicular access easement, located at the westerly street side property line of Plat 203, Block 9, Lot 1, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 149 of Maps, Page 29, 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 to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 3, 2016. FOR THE TOWN OF FOUNTAIN HILLS: I� / REVIEWED BY: Grady E. Miller To n Manager ATTESTED TO: "AL'ttsju� Bevelyn J. Ben r, W—r-lerk APPOV AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" FOUNTAIN HILLS AZ, FINAL PLAT NO. 203, BLOCK 9, LOT 1 I I I I / / I / � = 90`00'00" ;� 1 R = 20.00' I L = 31.42--L— .� SAWIK CIR N43°45'00"W / ��38.43'{—�f :. 0 = 38'56'33" R = 45.00' L = 30.59' ABANDON 1' NO VEHICULAR ACCESS EASEMENT LOT 1 I ---------------------- a ----------- - a N 49'24'50" W — 276.57 �= 134'36'23" — R = 45.00' L = 105.72' ti i A4 / / / D = 28'06'00" R = 350.00' L = 159.64' 0 40' 80' �= SCALE: 1" = 80' DATE: 10-24-16 L� �R�p LANp SG C:) ICATF �G F 16545 �� o RANDY L. HARREL 4''r Tres 3/31/.\a