HomeMy WebLinkAboutRes 1996-15c
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When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1996-15
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OF
THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS
ALONG PORTIONS OF THE NORTHERLY AND EASTERLY LOT LINES
OFLOT3,BLOCK 4,OFPLAT 104 FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 139 OF MAPS,PAGE 32,RECORDS OF
MARICOPA COUNTY,ARIZONA.
WHEREAS,The Town Council of the Town of Fountain Hills,as the governing body of
real property located in the Town of Fountain Hills,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 of the Town of Fountain Hills 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 Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.That the certain ten (10)foot public utility and drainage easements,
located along the northerly and easterly property lines of Plat 104,Block 4,
Lot 3,Fountain Hills,Arizona;as recorded in book 139 of maps,page 32,
records of Maricopa County,Arizona;are hereby declared to be
abandoned by the Town of Fountain Hills;except that a Public Utility
Easement shall be retained on the westerly 10'of the northerly 10',and on
the easterly 10'of the northerly 10';and except that a drainage easement
shall be retained on the easterly 10';all as shown in Exhibit A.
Resolution 1996-15
Page 1 of 2 PASS/ffAlL .-5 --^l-J Id
MOTION M-U<JA-YW
second T.bbt-tfs
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SECTION 3.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 Townin no way attempts to affect the rightsof any
private party to oppose the abandonment or assert any right resulting
therefrom or existing previous to any action by the Town.
PASSED AND ADOPTED this 21 day of March,1996.
Jann M.Cutillo,Mayor
REVIEWED BY;
*aul L/Klordin
Town Manager
TAIN HILLS:ATTEST:
UM^u^sQ /J^a
Cassie B.Hansen
Town Clerk
Ham E.Farrell
Town Attorney
Resolution 1996-15
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 104 BLOCK 4 LOT 3
P.U.E.RETAINED
D.E.ABANDONED
SCALE:1"=30'
Nffisraftti/
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TO:Townof Fountain Hills Engineering Department
FROM:Jean Wood
Owner of Lot 3,Block 4,Plat 104
(16402 Ashbrook Drive)
I am the owner of Lot 3 of Block 4 of Fountain Hills Plat 104.
I acknowledge thatmyexistingfenceblocksmostofthedrainagepathfromthelotsnorthofmy
property.
IagreethatuponrequestfromtheTownofFountainHillsand/oranadjacentpropertyowner,
I(ormy successor or assigns)will,atour expense,reconstruct a portion ofmyfencetoallow
drainagetofreelyflowthroughtheretaineddrainageeasementalongtheeasterly 10'ofmy
property.IfIfailtodoso,I understand thattheTownofFountainHillsmayorderthe
reconstruction of my fence,in accordance withthe Uniform Drainage Regulation of Maricopa
County,as adopted bythe Town of Fountain Hills.
Signed:
STATE OF ARIZONA
County of Maricopa
VjQrv-oQ-
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dLSUBSCRIBEDANDSWORNTOBEbeforemethis//day of jWlA &X
1996,by JTc3a^-\LOc^ncL
My Commission Expires:
E:\EASEMENTU04-4-3.LTR
OFFICIAL SEAL
kBEVELYN J.BENDER
NOTARYPUBUC-ARIZONA
MARICOPA COUNTY
Myoomra eqpfres Aug.28.1999
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