Resolution 2025-44

RESOLUTION 2025-44 
 
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 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE 
EASTERN PROPERTY LINE OF PLAT 602-B, BLOCK 1, LOT 35 (15840 E CAVERN DRIVE) 
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY 
RECORDER OF MARICOPA COUNTY, ARIZONA, BOOK 166 OF MAPS, PAGE 32 
 
 
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 eastern 
property line of Plat 602-B, Block 1, Lot 35 (15840 E Cavern Drive) Fountain Hills, as recorded in the Office 
of the County Recorder of Maricopa County, Arizona, Book 166 of Maps, Page 32, 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 
December 16, 2025. 
 
 
 
FOR THE TOWN OF FOUNTAIN HILLS: 
 
 
ATTESTED TO: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Gerry Friedel, Mayor 
 
 
 
 
 
Bevelyn Bender, Town Clerk 
 
 
REVIEWED BY: 
 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Rachael Goodwin, Town Manager 
 
 
 
Jennifer Wright, Town Attorney