HomeMy WebLinkAboutRes 1999-35When recorded, return to:
I ineering Department
own of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 1999 -35
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 SOUTHERLY AND WESTERLY LOT
LINES OF LOT 21, BLOCK 6, OF PLAT 431, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 151 OF MAPS, PAGE 43, 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
(4ww4
HEREAS, All present utili ty companies have received notification cation 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 and twenty (20) foot public utility and
drainage easements, located along the southerly and westerly property lot lines of
Lot 21, as shown in Exhibit A; of Plat 431, Block 6, Lot 21, Fountain Hills, Arizona; as
recorded in book 151 of maps, page 43 recordssof Maricopa County, Arizona; are
hereby declare J to be abandoned by the Town of Fountain Hills. Certain lots
within this subdivision are subject to lot -to -lot drainage runoff. The property owner
of Lot 21 is 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.
PASSED AND ADOPTED this 5 1 day of August 1999.
Resolution 1999 -35
Page 1 of 2
� ATTE/S/T�:
Cassi— 'e B. Hansen Town Clerk
Il /L,:—
Manager
FOR THE TOWN OF FOUNTAIN HILLS
C/
aron Morgan, May
APPROVED AS TO FORM:
A/ ' S-D 9:4
William E. Farrell, Town Attorney
Resolution 1999 -35
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 431 BLOCK 6 LOT 21
PARCEL "C"
BLOCK 6
ABANDON 10' PUBLIC---,
UTILITY AND DRAINAGE
EASEMENT
,00
Q�
o/
LOT 22
N\
�4p 76
LOT 21
_W
4►
�v
o ,00 (44 r
0
moo°.
� � N
42► i /
42. Ov
� R /yy
/
1654
RA14DY L.
o HA
ABANDON 20' PUBLIC UTILITY--j
AND DRAINAGE EASEMENT
RETAIN 20' PUBLIC UTILITY
FS' AND DRAINAGE EASEMENT
\ q
NTF
� wq
Sy
P.U.E. & D.E.
PARCEL C �
/
SCALE: 1"=40'
DATE: 7 -27 -99
PLAT 431
BOOK 151
PAGE 43
/
/