HomeMy WebLinkAboutRes 1999-03When recorded, return to:
igineering Department
wn of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 1999 -03
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 AND SOUTHERLY, LOT LINES OF LOT 6,
BLOCK 2, OF PLAT 206, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
properly 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;
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 lot lines of Lot 6 except for the northerly 20' of
the westerly 10' public utility and drainage easement, as shown in Exhibit A; of Plat
206, Block 2, Lot 6, Fountain Hills, Arizona; as recorded in book 147 of maps, page 2
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 6 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 -03 4PAtItFAIL ,off 1 4R Page 1 of 2 N �.L
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'4SSED AND ADOPTED this 7th day of January 1999.
ATTEST:
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Cassie B, Hansen, Town Clerk
REVIEWED BY:
auI L./Nordin, Town Manager
FOR THE TOWN OF FQUNTAIN HILLS
Sharon Morgan,
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
Resolution 1999 -03
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 206 BLOCK 2 LOT 6
LOT 27
LOT 26
LOT 25
R� SPG�/
SE
N 66'07'00 E 0� 9.44 1 35"
24.07' \ /
,93.04
/x\ R -270 p0,
10' PUBLIC UTILITY &
1 DRAINAGE EASEMENT
/n ABANDONED
LOT 6
\oc o.
LOT 7
7n no'
/ N 63'43'17" E-
/ 10' PUBLIC UTILITY &
/ DRAINAGE EASEMENT
/ ABANDONED
" LOT 8
SCALE: 1 " =40'
DATE: 12 -28 -98
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LOT 28
LOT 5
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