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HomeMy WebLinkAboutRes 1999-20When recorded, return to: �gineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 1999 -20 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 EASEMENT ALONG THE SOUTHEASTERLY, LOT LINE OF LOT 13, BLOCK 3, OF PLAT 605B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 13, 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 portions of the certain ten (10) foot public utility and drainage easements, located along the southeasterly property lot lines of Lot 13, as shown in Exhibit A; of Plat 605B, Block 3, Lot 13, Fountain Hills, Arizona; as recorded in book 164 of maps, page 13 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 13 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 -20 Page 1 of 2 AIL P10 OST SECOND M o e � COUNT (R —C> 04SSED AND ADOPTED this 6th day of May 1999. ATTEST: FW YHE TOWN Off FOUNTAIN HILLS Cassie B. Hansen, Town Clerk Sharon BY: APPROVED AS TO FORM: di , Town Manager William E. Farrell, Town Attorney Resolution 1999 -20 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" 605B BLOCK 3 LOT 13 FV . 640 , O� 8S ry (9S - c o 04040'46 R= 725.00' �-- L= 59.21' LOT 12 r ) r- �� RETAIN PUBLIC ,C) w UTILITY & DRAINAGE ESM'T o� 0). Cb LOT 13 1� w w�/ _ w / n ' o PROPOSED LOT 14 PUBLIC UTILITY & DRAINAGE ESM'T. ABANDONMENT i "- 1p, 7 ct- DF i-cf i 16545 RANDY L. a HARREL �. ned k \ As V 01 ALE: 1"=60'