HomeMy WebLinkAboutRes 2018-10RESOLUTION 2018-10
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 ADJACENT TO THE REAR PROPERTY LINES OF REPLAT
401 B, BLOCK 5, LOT 17 AND LOT 24 (17101 FAIRWAY COURT & 17104 E.
CYPRUS POINT COURT, RESPECTIVELY), AS RECORDED IN BOOK
1362, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2017-
10)
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 public utility and drainage easement, a portion of the
rear property lines of Replat 401B, Block 5, Lot 17 and 24, Fountain Hills, as
recorded the Office of the County Recorder of Maricopa County, Arizona, Book 1362 of
Maps, Page 44 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,
February 6, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
da M. K va h, Mayor U A,�
REVIEWED BY:
Grady E. Mill r, To n Manager
ATTESTED TO:
, Town Clerk
APPROVED AS TO FORM:
redda J. Bisman, Town Attorney
Dickinson Wright PLLC
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FINAL REPLAT 401—B, BLOCK 5, LOTS 17A & 24A
'ti
/ Ro. 16
/
/ , • mss,
10'x10' P.U.E. 96
/!°° (BY SEPARATE °�•
b INSTRUMENT)
0= 141 °45'04"
/s R 45.00'
/ X, L = 111.33'
N52°35'51 "W
62.96 LOT 17A
N36°35'26"W
/ 38.02' ABANDON
FORMER LOT P.U.E. & D.E.
/L6 N46°35'00"W
f LINE (MODIFIED 93.11'
/ BY SEPARATE
DOCUMENT) N° RETAIN i
P.U.E. & 1 1 8
D.E.
1
ABANDON
25 P.U.E. & D.E. 1
o I
Z LOT 24A _ —
��� i
A = 79°14'40" �°� N46
.9a11'
R = 45.00'pp„ `
L = 62.24' `� W
c�
A = 38°56'33" `tip
R = 45.00' i
L = 30.59%--'</ I 11111 �cti
LY
N °
41 LAND S
W E r� ��� �\\f I CA
\Cl 2 3 � a`� 16545
RANDY L.
'Q(/ HARREL f
0 15' 30' \� SA $�o
gnASCALE: 1* = 30'U. 5 P'
DATE: 1-23-18 \�\ T Fkp/res3/31I,8