HomeMy WebLinkAboutRes 1998-39When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills, AZ 85269
RESOLUTION 1998-39
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN A
PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF
LOT 5,BLOCK 1 OF PLAT 201 A,FOUNTAIN HILLS,ARIZONA,
AS RECORDED IN BOOK 150 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 northwesterly property lot line of Lot 5 except for the
northeasterly 20',as shown in Exhibit A;of Plat 201A,Block 1, Lot 5,Fountain
Hills,Arizona;as recorded in book 150 of maps,page 32 records of
Maricopa County,Arizona;are hereby declared to be abandoned by the
Town of Fountain Hills.(All easements within the property formerly a part of
Parcel A are retained.)Certain lots within this subdivision are subject to lot
to-lot drainage runoff.The property owners of Lot 5 are 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
therefrom or existing previous to any action by the Town.
Resolution 1998-39
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MOTION
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PASSED AND ADOPTED this 6th day of August 1998.
FOWW TOWN Cf/OUNTAIN HILLS:
Sharon Morgan,Mayor
Paul L./Jordin
Town Manager
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ATTEST:
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Cassie B.Hansen
Town Clerk
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APPROVED AS TO FORM
William E.Farrell
Town Attorney
Resolution 1998-39
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