HomeMy WebLinkAboutRes 1998-56When recorded,return to:
Engineering Department
"Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-56
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 LINE OF LOT 5,BLOCK
3 OF PLAT 506A,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 159 OF
MAPS,PAGE 30,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 southerly property lot line of Lot5,as shown inExhibitA;of Plat 506A,Block 3,
Lot5,Fountain Hills,Arizona;as recorded in book 159 of maps,page 30 records of
Maricopa County,Arizona;are 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 Lot5,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 Townin 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.
L Resolution 1998-56
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'ASSED AND ADOPTED this 5th day of November,1998.
ATTEST:FOR TH&TOWN OF FOUNTAIN HILLS
issie B.Hansen,town ClerkCassieB.
REVIEWED BY:
Paul L.Nordin,Town Manager
Sharon Morgan,May
APPROVED AS TO FORM:
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HliamTz.Farrell,Town Attorney
Resolution 1998-56
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SCALE:r=40'
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506-A BLOCK 3 LOT 5