HomeMy WebLinkAboutRes 2022-44RESOLUTION 2022-44
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 -
INCORPORATION 20' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTHERN
PROPERTY LINE OF PLAT 401-A, BLOCK 1, LOT 13A (17012 E JACKLIN DRIVE) FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 400 OF MAPS, PAGE 49
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 NORTHERN
property line of Plat 401-A, Block 1, Lot 13A (17012 E Jacklin Drive) Fountain Hills, as recorded in the
Office of the County Recorder of Maricopa County, Arizona, Book 400 of Maps, Page 49, 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 October
18, 2022.
FOR THE TOWN OF ke FOUNTAINU-�INHILLS:
0
Ginny y yor
REVIEWED BY:
ATTESTED TO:
nea Mended hall, Town Clerk
APPROVED AS TO FORM:
��
Grady E Mill e�!f Arnson, Manager Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
A22-000010
PLAT 401-A BLOCK 1 LOT 13A
1313
JACKLIN WASH
4
2T
ABANDON 20'
P.U.E. & D.E.
BLOCK 1
cv
= LOT 13A
/
Ai ----„ 4'
\ 68. �0 W�36 R =245.00' o
L=34.72'7 0
\ JoR
0
SCALE: 1 _ 40'
DATE: 9-21-2022
12
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