HomeMy WebLinkAboutRes 2007-35 RESOLUTION 2007-35
(Ilior 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 CERTAIN DRAINAGE EASEMENT LOCATED IN EAGLES
NEST PARCEL 10, LOT 117, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
BOOK 685 OF MAPS, PAGE 17 RECORDS OF MARICOPA COUNTY,ARIZONA.
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 twenty-five (25')foot drainage easement, located in Eagles Nest
Parcel 10, Lot 117, Fountain Hills, as recorded in Book 685 of Maps, Page 17 Records of Maricopa County,
and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is
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, June 21,
2007.
FOR THE TOWN FOUNTAIN LS: ATTESTED TO:
W.J. Nic ols, May Bevelyn J. Be er own Clerk
REVIEWED BY APP VED AS TO FORM:
/.....i.--------------7C
Timothy . Pickering, Town Manager Andrew J. McGuire, Town Attorney
L
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
L EAGLES NEST PARCEL 10 LOT 117
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ABANDON 25' D.E.
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PROPOSED DRAINAGE 0.
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EASEMENT (BY SEPARATE
INSTRUMENT)
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AUTOMATED CIVIL SERVICES Date: 05/17/07
r --- Project: 03 004
.I..�.., IVA EAGLES NEST Pro: Lot117.dwg
Civil Engineering,Planning,&Computer Programming LOT 117 Scale: 1"=40'
6337 East Shea Boulevard Office 480-659-8975
Scottsdale,Arizona 85254 Fax 480-659-8976 DRAINAGE PLAN SHEET
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