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HomeMy WebLinkAboutRes 1999-01When recorded, return to: y `ngineering Department `awn of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 1999 -01 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHERLY, LOT LINE OF LOT 2, BLOCK 6, OF PLAT 604B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 196 OF MAPS, PAGE 27, 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 4HEREAS, 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 lines of Lot 2, as shown in Exhibit A; of Plat 604B, Block 6, Lot 2, Fountain Hills, Arizona; as recorded in book 196 of maps, page 27 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 Lot 2 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 1999 -01 PASS FAIL Page 1 of 2 ION k SECOND COUNT — PASSED AND ADOPTED this 7th day of January 1999. ,ATTEST: lkla�4 Cassie B. Hansen, Town Clerk REVI ED BY: aul L. ordin, LT--- Manager FOR TVE TOWN OF FOUNTAIN HILLS Morgan, APPROVED AS TO FORM: 'p, 9:"p NO= E. Farrell, Town Attorney Resolution 1999 -01 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 604B BLOCK 6 LOT 2 LOT 2 / LOT 3 \ M� \STING �R \ N 6S's 3 0bo„ o �z0 � N p, Nh 3 LOT 1 LOT 2 0 0 0 ti 10' PUBLIC UTILITY & 2 DRAINAGE EASEMENT ABANDONED v� LOT 3 49•g7 E �9•03'o1' X913/ o0 N S 6 S S� rye. oo F IAN � w 16 RANDY L. o 0 A \ OSRN HARK& es, >�ea�- n �• SCALE. P' =40' DATE: 12 -28 -98 7