HomeMy WebLinkAboutRes 1998-65'('hen recorded,return to:
,igineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-65
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 WESTERLY,AND SOUTHERLY LOT
LINES OF LOT 7,BLOCK 1OF PLAT 603C,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 161 OF MAPS,PAGE 43,RECORDS OF MARICOPA
COUNTY,ARIZONA.
WHEREAS TheTown 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,TheTown Council of the Townof 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 westerly and southerly property lotline of Lot7 except for the northerly 20'of
the westerly 101 public utility easement and drainage easement and the easterly
20'of the southerly public utility easement and drainage easement,as shown in
Exhibit A;of Plat 603C,Block 1,Lot 7,Fountain Hills,Arizona;as recorded in book
161 of maps,page 43 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 Lot7 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.
Resolution1998-65 /""""""N 13 ^q £
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PASSED AND ADOPTED this 3rd day of December 1998.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
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APPROVED AS TO FORM:
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William E.Farrell,Town Attorney
Resolution 1998-65
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603-C BLOCK 1 LOT 7
PLAT 602-C
BLOCK 3