HomeMy WebLinkAboutRes 1998-54When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION 1998-54
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 PUBLIC UTILITY AND
DRAINAGE EASEMENT ALONG THE SOUTHERLY LOT LINEOF LOT 18,
BLOCK 4OF PLAT 428,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK
155 OF MAPS,PAGE 19,RECORDS OF MARICOPA COUNTY,ARIZONA.
TheTown Council of the Townof Fountain Hills,as the governing body of real
property located in the Townof 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
TheTown 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
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 southerly property lot line of Lot 18,as shown in Exhibit A;of Plat 428,Block 4,
Lot 18,Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 records of
Maricopa County,Arizona;is hereby declared to be abandoned by the Town of
Fountain Hills.Certain lots within this subdivision are subject to lot-to-lot drainage
runoff.The property owners of Lot4 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.
C Resolution 1998-54
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^PASSED AND ADOPTED this 5thdayof November,1998.
ATTEST:FORJHE TOWN OF FOUNTAIN HILLS
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Cassie B.Hansen,Town Clerk
REVIEWED BY:
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jul L.Nordin,Town Manager
Sharon Morgan,Mayor
APPROVED AS TO FORM:
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William E.Farrell,Town Attorney
Resolution 1998-54
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 428 BLOCK 4 LOT 18