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HomeMy WebLinkAboutRes 1998-62When recorded,return to: ngineering Department own of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 n WHEREAS, WHEREAS, WHEREAS, RESOLUTION 1998-62 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 EASEMENTS ALONG THE SOUTHWESTERLY LOT LINEOF LOT 21, BLOCK 3 OF PLAT 303,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 147 OF MAPS,PAGE 4,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 drainage2 easement,located along the southwesterly lot line of Lot21,of Plat 303,Block 3,Lot21,Fountain Hills, Arizona;as recorded in book 147 of maps,page 4 records of Maricopa County, Arizona;are hereby declared to be abandoned by the Town of Fountain Hills,with the understanding that certain lotswithinthis subdivision are subject to lot-to-lot drainage runoff.The property owners of Lot21 are required to pass the developed flows generated by the upstream property 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 1998-62 Page 1 of 2 TASS/FAIL _ totion UJ): SECOND COUNT ^LlAAjl- ia^a \SSED AND ADOPTED this 19th day of November,1998. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS s^ <z*JAsWd~-J Cassie B.Hansen,Town Clerk REVIEWED BY: Paul L.Nordin,Town Manager haron Morgan,Mayor APPROVED AS TO FORM: William E.Farrell,Town Attorney Resolution 1998-62 Page 2 of 2 '.9° •52AC ' *•59/lc /.18 Ac h v #%V0J ir <f J J TOI'TN OF FOUNTAIN HILLS EASEMENT ABANDONMENT Plat 303,Blk 3,Lot 21 Ct/fC/f A/Z a ©90°OO'OO" _©...64'53'i5" _©80'/5'00' ©36'5Z'/Z"4 _.®/59'59'Z+" ©75'36'00" L©IW/9'23"I