HomeMy WebLinkAboutRes 2018-50 Town of Fountain Hills I OFFICIAL RECORDS OF
16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER
Fountain Hills, AZ 85268 1 ADRIAN FONTES
1 20180671000 09/05/2018 4:24 PM
ELECTRONIC RECORDING
Development Services Department I RES201850-3-1-1--,N
RESOLUTION 2018-50
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
NORTHERLY PORTION OF THE 10' PUBLIC UTILITY AND
DRAINAGE EASEMENT, BUT RETAINING THE SOUTHERLY 30'
OF SAID EASEMENT, OF PLAT 204, BLOCK 1, LOT 8, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 142, PAGE 10 OF MAPS.
DO NOT REMOVE
This is part of the official document
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RESOLUTION 2018-50
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 NORTHERLY PORTION OF THE 10' PUBLIC UTILITY AND
DRAINAGE EASEMENT, BUT RETAINING THE SOUTHERLY 30' OF SAID
EASEMENT, OF PLAT 204, BLOCK 1, LOT 8, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 142, PAGE 10 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 northerly portion of the ten foot (10') public utility and drainage easement, but
retaining the southerly thirty foot (30') of said easement, of Plat 204, Block 1, Lot 8, Fountain Hills, as
recorded the Office of the County Recorder of Maricopa County, Arizona, Book 142 of Maps, Page 10, 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 4, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Li a'M. Kavialr, Mayor ¢abeth . ce, own Clerl
REVIEWED BY: APPRO AS TO FORM:
4 . L._ �/
Grady E. Miller, T n nager Inter. T--''ttorney
D'• i n right, PLLC
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 204, BLOCK 1 , LOT 8
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<1 R =1420.0.' �p
,l6' L =82.23' 2,
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LOT 8
\ �.o/ a =88'00'37" v
\/ R =20.00' 1
\ 10' SIDEWALK EASEMENT L =30.72' /
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(BY SEPARATE INSTRUMENT) i
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PLAT 203, \ // RETAIN 30'X10' AP
BLOCK 2, EN P•U.E. & D.E. VLOT1 per. //th\ Olt— \
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SCALE: 1' = 30' ---------Th
DATE: 7-30-18 \ 4Plree 3/3\/\t