HomeMy WebLinkAboutRes 2018-59 OFFICIAL RECORDS OF
Town of Fountain Hills I MARICOPA COUNTY RECORDER
16705 E. Avenue of the Fountains I ADRIAN FONTESI
20180778398 10/17/2018 1:46 PM
Fountain Hills, AZ 85268 I ELECTRONIC RECORDING
I RES201859-3-1-1--,N
Development Services Department 1
RESOLUTION 2018-59
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 AT THE REAR PROPERTY LINE OF PLAT 401-
B, BLOCK 3, LOT 11, (10225 N. NICKLAUS DRIVE)
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS,
PAGE 12. (EA 2018-17)
DO NOT REMOVE
This is part of the official document
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RESOLUTION 2018-59
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 AT THE REAR PROPERTY LINE OF PLAT 401-B, BLOCK 3,
LOT 11, (10225 N. NICKLAUS DRIVE) FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 12. (EA
2018-17)
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 public utility and drainage easement, located at the rear property
line of Plat 401-B, Block 3 Lot 11, Fountain Hills, as recorded the Office of the County Recorder of
Maricopa County, Arizona, Book 155 of Maps, Page 12, 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, this 16`h day
of October, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
C.-- 11 . av n g"h, Mayo ' lizabeth ;,urke, Town Clergy
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RESOLUTION 2018-59 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
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Grady E. ' er, Town Manager a aron D. Arnson, Town Attorney
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