HomeMy WebLinkAboutRes 1998-57When recorded,return to:
ngineering Department
own of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
,
RESOLUTION 1998-57
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS INA PORTION OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT ALONG THE WESTERLY LOT LINEOF LOT 3,BLOCK
5,OF PLAT 428,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF
MAPS,PAGE 19,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
HEREAS,All present utility companies have received notification of the proposed
abandonment;
^"W!
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 westerly property lot line of Lot3,as shown inExhibitA;of Plat 428,Block 5,Lot
3,Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 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 Lot3 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 1998-57
Page 1 of 2 TASS/JFAILTON &pp^>
SECOND
COUNT ^~Q
/)-£•-?*
M mt-
PASSED AND ADOPTED this 5th day of November,1998
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
AZLA/Ld^.^
Cassie B.Hansen,Town Clerk
dXZ^/CtfVt
Sharon Morgan,Mayor
REVIEWED BY:APPROVED AS TO FORM:
Paul L,Nordin,Town Manager
0tjL^CJLJA VpJU^aJ/
William E.Farrell,Town Attorney
Resolution 1998-57
Page 2 of 2