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HomeMy WebLinkAboutRes 2019-05 Town of Fountain Hills I OFFICIAL RECORDS OF 16705 E. Avenue of the Fountains I MARICOPA COUNTY RECORDER Fountain Hills, AZ 85268 I ADRIAN FONTES 20190336360, 05/09/2019 10:50 Development Services Department I RES201905-3-1-1--,N ELECTRONIC RECORDING RESOLUTION 2019-05 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 DIAMANTE DEL LAGO, LOT 12 (17247 EAST DIAMANTE DRIVE), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-24) DO NOT REMOVE This is part of the official document 0���A„IN 3 0 ;� RESOLUTION 2019-05 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 DIAMANTE DEL LAGO, LOT 12 (17247 EAST DIAMANTE DRIVE), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-24) 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 hillside protection easement, at the rear property line of Diamante Del Lago, Lot 12, (17247 East Diamante 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, this 7th day of May, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ) k CA.A..4.,)>. '' .I 1-,t G-714', - e zab 'Ginn Y ick Y Yor et B rke, Town Cler REVIEWED BY: APPROVED AS TO FORM: '• ..'VA:dA4rN Grady E. Miller o , Manager Aaron D. Arnson, Town Atto ey I TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" DIAMANTE DEL LAGO FINAL PLAT - LOT 12 \\\ \ ' \ y \ \ \ \ \ \ \ \ TRACT M \ \ \ \ \ \ 1 \\ \ \ \ II I 18 \ \1 Il i I I 1 1 N 85'43'06" W - 106.06' I1 I -....--- ��7 I/ 1 a ct I I R=145.00; / I L= 60.19' / / / Q i LOT 12 TRACT K// / a / , RETAIN 8' .� / / / P.U.E. = N / /� / iiiii _ 03 ABANDON HPE / / rn 0 / IIII / // / // N 78 46'16" W _ �- Z / / / 1p7.3j, // / - / / / / // / , 0 \ /7� TRACT M ,.,,/ quj N q3) W " E 13 ���,,,p‘F ILCAANTp 9G \ o" 16545 0 o ' RANDY L. 73 S HARREL 0 15' 30' ken ed4 Zc7 ' i20NA U.S P SCALE: 1' = 30' DATE: 4-10-19 4-rea 3/31t -