HomeMy WebLinkAboutRes 2018-05RESOLUTION 2018-05
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 HILLSIDE PROTECTION EASEMENT LOCATED AT
THE REAR PROPERTY LINE OF DIAMONTE DEL LAGO, LOT 75 (13604 N.
BONITA DRIVE), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF
MARICOPA COUNTY, ARIZONA. (EA 2017-08)
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 hillside protection easement, at the rear
property line of Diamonte Del Lago, Lot 75 (13604 N. Bonita Drive), Fountain Hills, as
recorded the Office of the County Recorder of Maricopa County, Arizona, Book 516 of
Maps, Page 17, 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 20, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
st:
da M. a anagh, Mayors
REVIEWED BY:
J):�� en-. -
Grady E.' er, own Manager
ATTESTED TO:
I ,4Q
Bevelyn J. en r, Town Clerk
APPROVED AS TO FORM:
h'a
r-115rTsm
an, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
DIAMANTE DEL LAGO - LOT 75
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DATE: 10-31-17
3/31/�8