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HomeMy WebLinkAboutRes 1998-55When recorded,return to: ngineering Department "Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 WHEREAS, WHEREAS, WHEREAS, RESOLUTION 1998-55 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 NORTHERLY LOT LINEOF LOT 20, BLOCK 2,OF PLAT 204,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 142OF MAPS,PAGE 10,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 northerly property lot line of Lot20,as shown in Exhibit A;of Plat 204,Block 2,Lot 20,Fountain Hills,Arizona;as recorded in book 142 of maps,page 10 records of Maricopa County,Arizona;are hereby declared to be abandoned by the Town of Fountain Hills.Certain lotswithinthis subdivision are subject to lot-to-lot drainage runoff.The property owners of Lot20 are required to pass the developed flows generated by the upstream lots across their property. SECTION2.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 1998-55 Page 1 of 2 PASS/F/UL /<--$"-7 k top:MOTION . SECOND __ COUNT "7~Q_ M m^. ASSED AND ADOPTED this 5th day of November,1998. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS /)//*/ Cassie B.Hansen,Town Clerk _ REVIEWED BY: Q** ul L Nordin,Town Manager Sharon Morgan,Mayor APPROVED AS TO FORM: William E.Farrell,Town Attorney Resolution 1998-55 Page 2 of 2 \&a&i/ TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 204 BLOCK 2 LOT 20