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HomeMy WebLinkAboutRes 2018-43 Town of Fountain Hills I OFFICIAL RECORDS OF 16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER Fountain Hills, AZ 85268 ] ADRIAN PONTES 20180670996 09/05/2018 4:18 PM ELECTRONIC RECORDING Development Services Department I RES201843-2-1-1--,N I RESOLUTION 2018-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE PUBLIC UTILITY AND DRAINAGE EASEMENTS OF PLAT 505-B, BLOCK 1, LOT 53, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158, PAGE 43 OF MAPS. DO NOT REMOVE This is part of the official document A IN - --•-d1 tP 11�n '! \ o that is :01. ,.+ RESOLUTION 2018-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE PUBLIC UTILITY AND DRAINAGE EASEMENTS OF PLAT 505-B, BLOCK 1, LOT 53, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158, PAGE 43 OF MAPS RECITALS: 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. ENACTMENTS: 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 on the rear and southerly sides of Plat 505-B, Block 1, Lot 53, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 43, 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 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: danici�, Mayor izabet ur ce, own REVIEWED BY: APPROVED AS TO FORM: 4 . � Grady E. Miller, "own anager I -rim ':• Attorney pick' s•• I right, PLLC