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HomeMy WebLinkAboutRes 2017-30RESOLUTION 2017-30 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 PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF REPLAT 604-D, BLOCK 6, LOT 3 (15801 E. OCOTILLO DRIVE ), AS RECORDED IN BOOK 277, PAGE 46, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2017-05) 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 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 ten foot (10) public utility and drainage easement, at the rear property line of Replat 604-D, Block 6, Lot 3, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 277 of Maps, Page 46, 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, September 5, 2017. FOR THE TOWN OF FOUNTAIN HILLS: i '56dM. • REVIEWED BY: Gra y E. M" ler, T wn Manager ATTESTED TO: IVA F44 WE, t_� APP O E AS TO FORM: Andrew J. McGuire, Town orney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 604D BLOCK 6 LOT 3 0„ E / N 1105.00, I NcJ� w BLOCK 6 LOT 3 Ncp, b 0r O ! ! ABANDON 10' P.U.E. & D. E. X20 DO 00 ! s s m ! ! N W E s 0 15' 30' SCALE: 1" = 30' DATE: 8-16-17 9 V� JJJ ��R�p LAND SG `\f ICA TF s'G 16545 do Fo RANDY L. HARREL F�'pl�eg�3�8