HomeMy WebLinkAboutRes 1999-02When recorded, return to:
[ -ngineering Department
ftrbwn of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 1999 -02
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 WESTERLY, LOT LINE OF LOT 11, BLOCK 3, OF PLAT
601 A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS,
PAGE 44, 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
dHEREAS, 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 property lot line of Lot 11, as shown In Exhibit A, of Plat 601 A, Block 3,
Lot 11, Fountain Hills, Arizona; as recorded In book 161 of maps, page 44 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 11 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 -02 PAS FAIL - - 9
Page 1 of 2 MOTION
SECOND
COUNT
PASSED AND ADOPTED this 7th day of January 1999.
'TTEST: //��'_ �� II FOR T E TOWN OF FOUNTAIN HILLS
l./�va'.w�.� l
Cassie B. Hansen, Town Clerk Sharon Moraan. M vor
APPROVED AS TO FORM:
it am E. Farrell, Town Attorney
Resolution 1999 -02
Page 2 of 2
LOT 28
LOT 27
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 601 -A BLOCK 3 LOT 11
LOT 9
LOT 10
125.00' N 90'00'00° E
l
0 A 10' PUBLIC UTILITY &
DRAINAGE EASEMENT
PA-ABANDONED
LOT 26 I3 LOT 11
l°
0
0
loo
Iz
I
I
LOT 25
I
SCALE: 1 " =40'
DATE: 12 -29 -98 _
N 88'52'11" E
I
I
I
I LOT 12
I
125.23'
>I
Of
0
w
cn
Z
00 ¢
m zl
3 C:)
0
0
0
° I
0
o
16545
ROW, L.
w
c�
0
w
cn
0
a.
01'07'49"
20.32'
1030.00'