HomeMy WebLinkAboutRes 2017-49RESOLUTION 2017-49
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 SOUTHWESTERLY PROPERTY LINE OF PLAT 605C,
BLOCK 3, LOT 24, AS RECORDED IN BOOK 164, PAGE 14, RECORDS OF
MARICOPA COUNTY, ARIZONA. (EA 2017-09)
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 southwesterly property line of Plat 605C, Block 3, Lot 24, Fountain
Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book
164 of Maps, Page 14 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 21, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
r)cz #6nt�
Linda M. Kavana h, Mayor
REVIEWED BY:
e
4
Grady E. iller, Awn Manager
d
ATTESTED TO:
'i Z 4T�-A,
ender,. /
APPROVED AS TO FORM:
;�� &N,
Fre a isma , Interim Town Attorney
25
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A'1
PLAT 605C BLOCK 3 LOT 24
ABANDON 10'
P.U.E. & D.E.
BLOCK 3
LOT 24
/PROPOSED 10'x10'
P.U.E. (BY SEPARATE
INSTRUMENT)
D
RETAIN 25
P.U.E. &
00
0
0, O,,
0 ,
N
W E
S �
0 15' 30'
SCALE: 1" = 30'
DATE: 11-6-17 \
D. E.
23
/
-A =01'15'42"
R =425.00' -^ Lr`..
L =9.36'
��V LAND SG
�\F ICA
16545
RANDY L.
$fe HAR 1`L`/
gRi2�NA U 5 P
FkPires 3/3'10