HomeMy WebLinkAboutRes 2012-22RESOLUTION 2012 -22
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 EASEMENT AT THE
REAR PROPERTY LINE OF PLAT 603A, BLOCK 5 LOT 4, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER. OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 196 OF MAPS, PAGE 28.
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 public utility and drainage easement, located at the rear property
line of Plat 603A, Block 5 Lot 4, Fountain Hills, as recorded the Office of the County Recorder of Maricopa
County, Arizona, Book 196 of Maps, Page 28, 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, August
2, 2012.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
Ken S chanan, Manager
ATTESTED TO:
f
APPFZ,GkED AS TO FORM:
J A-77N
Ai 6ire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "All
PLAT 603A BLOCK 5 LOT 4
PLAT 603B
BLOCK 5
LOT 2
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ABANDON 10'—,/
oQ P.U.E. & D.E.
cy
10 1
R
OT 4
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LOT
LOT 14
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0 20' .0.
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SCALE 1* - 40'
DATE: 5-14-12
PLAT 603B
31-OCK 5
LOT 4
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