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HomeMy WebLinkAboutRes 2021-21 OFFICIAL RECORDS OF Town of Fountain Hills I MARICO 'A COUNTY RECORDER 16705 E. Avenue of the Fountains 1 STEpHEN RICHER Fountain Hills, AZ 85268 I 2021ROE95815, 8/18/2021, 4;41 S202121-3-1.1 Development Services Department I ELECTRONIC RECORDING RESOLUTION 2021-21 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE-INCORPORATED 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE SOUTHEAST PROPERTY LINE OF PLAT 516, LOT 9 (16410 NORTH PALO VERDE DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 401 OF MAPS, PAGE 27 DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT 0 l v, z . ova that is Ar`1' RESOLUTION 2021-21 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE-INCORPORATED 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE SOUTHEAST PROPERTY LINE OF PLAT 516, LOT 9 (16410 NORTH PALO VERDE DRIVE)FOUNTAIN HILLS,ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 401 OF MAPS, PAGE 27 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 southeast property line of Plat 516, Lot 9, (16410 North Palo Verde Drive) Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 401 of Maps, Page 27, 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, Arizona this 17th day of August, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: LA& Gin Dicky Mayor lizabeth . lein, Town Clerk REVIEWED BY: APPR V D AS TO FORM: Grady E. Miller, Manager Aaron D. Aween, To n Attorney Afel,Gr TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT 'A' FOUNTAIN HILLS PLAT NO. 516, LOT 9 \ \ , .\\ \ PALO VERDE LANE II \`\ I I . \ �L=55.97' ��/i R=45.00' /� LOT 8 d=71'15'55" /\ / 0' % S. LOT 10 A _ , / 0�• �/ / O (--5' P.U.E. Cal / / TO REMAIN ys / sr, /4 / G O / \\ ��,�0 .' 10' P.U.E. & D.E �'o // \ / TO REMAIN cP .,,_ / \ / NC/0 ' LOT9 zj/ / err► // / ABANDON AIIIIIIr / J' 10' R.E. Ariew / y �cs),.o �• .o• C // LOT 5 PSA �O F ' o six-- 43 O \ Amor �N Aim' LOT 6 4000.r.4,( LAID ‘eGS; C 6" 33866 ‘1.1. k LLOYD E. S 21 0 20 40 0. PEW MI MIMI _ 1i.SCALE: 1" = 40' ::,.. .....&pfd-k-1_ ZgvA, S DATE: 5-14-21 EXPIRES 6/30/23