HomeMy WebLinkAboutRes 2019-41 When recorded, please return to: OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
Town of Fountain Hills I ADRIAN FONTES
16705 E. Avenue of the Fountains I 20190629682 08/15/2019 2:22
Fountain Hills, AZ 85268 I EA201912-3-1-1--,N
I ELECTRONIC RECORDING
Development Services Department I
EASEMENT ABANDONMENT
JOHNSTON THOMAS W/JANET M
JOHNSTON COMPOUND SUBDIVISION, LOT 2
15836 E PONDEROSA BLVD
FOUNTAIN HILLS, ARIZONA 85268
With Exhibits
This is part of the official document
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RESOLUTION 2019-41
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 10' PUBLIC UTILITY AND DRAINAGE EASEMENT
LOCATED AT THE REAR PROPERTY LINE OF THE JOHNSTON COMPOUND
SUBDIVISION, LOT 2, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 1429 OF MAPS, PAGE 12
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 the
Johnston Compound subdivision (15836 East Ponderosa Drive) Fountain Hills, as recorded the Office of the
County Recorder of Maricopa County, Arizona, Book 1429 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 13th day of August,
2019.
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FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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REVIEWED BY: APPROVED AS TO FORM:
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Grady E. Miller, T wn anager aron D. Arnson, Town Attorney
TOWN OF FOUNTAIN HILLS 1,''
EASEMENT ABANDONMENT
EXHIBIT 'A" �
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SCALE: 1” = 40'
DATE: 6/18/19 EXPIRES 6/30/20