HomeMy WebLinkAboutRes 1999-18^ /hen recorded, return to:
igineering Department
own of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 1999 -18
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE WESTERLY AND SOUTHERLY LOT
LINES OF LOT 5, BLOCK 1, OF PLAT 507B, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 165 OF MAPS, PAGE 38, 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
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 a portion of the certain ten (10) foot public utility and drainage easements,
located at the westerly and southerly property lot lines of Lot 5, as shown in Exhibit
A; of Plat 5078, Block 1, Lot 5, Fountain Hills, Arizona; as recorded in book 165 of
maps, page 38 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 5 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 -18
Page 1 of 2 PASS AIL S— (D g
MOTION U2iaais6 -P-F
SECOND M o r
COUNT (e—y
�SSED AND ADOPTED this 6th day of May 1999.
ATTEST:
Cassie B. Hansen, Town Clerk
REVIEWED)BY:
�, III II
FOR THE T WN OF FOUNTAIN HILLS
Sharon Morgan, May
APPROVED AS TO FORM:
ej � 5
William E. Farrell, Town Attorney
Resolution 1999 -18
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 507B BLOCK 1 LOTS 5
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/ - P.U.E. a D.E. - N
Z
/ -/ RETAINED oa
\6 \ \
\\ LOT 5 0 \0-- \ �p
2 \
/ LOT 4 \ °o
ABANDONED 10'
PUBLIC UTILITY pow
& DRAINAGE ESMT.� ����
jP.U.E. & D. E.
I RETAINED \ \ \
LOT 6 \
LOT 63 Ic snl \
Im �j \
ISp ml \
Io
IfTI I � i1,ra
I I J 15545 c v
C
RRANDY L. A
FliiHii� '1.
SCALE: 1"=50 < s
DATE: 4 -30 -99
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