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HomeMy WebLinkAboutRes 2019-42 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 20200112735 02/10/2020 2:17 RES201942-2-1-1--,N Development Services Department I ELECTRONIC RECORDING RESOLUTION 2019-42 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 AND EAST SIDE OF PLAT 431, BLOCK 1, LOT 7, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 151 OF MAPS, PAGE 43. DO NOT REMOVE This is part of the official document 449 1 . WI AIM r . that is 01' RESOLUTION 2019-42 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 AND EAST SIDE OF PLAT 431, BLOCK 1, LOT 7, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 151 OF MAPS, PAGE 43 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 and east side of Plat 431, Block 1, Lot 7, (17023 Cascade Drive)Fountain Hills,as recorded the Office of the County Recorder of Maricopa County,Arizona, Book 151 of Maps, Page 43,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,Arizona this 13th day of August, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny ickey, ayor izabeth urke,Town Clerk REVIEWED BY: APPROVED AS TO FORM: • .-N\AAIL4e-N4.- Grady E. Miller, own anager a D. Arnson, Town Attorney