HomeMy WebLinkAboutRes 1999-41When recorded,.return to:
in Fountain Department
of
n of Fountain Hills
O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 1999 -41
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 NORTHERLY, SOUTHERLY, WESTERLY,
AND EASTERLY LOT LINES OF LOTS 28 & 29, BLOCK 1, OF PLAT 603 -13,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 41,
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 I. That the certain ten (10) foot public utility and drainage easements, located along
the northerly, southerly, westerly, and easterly property lot lines of Lots 28 & 29, as
shown in Exhibit A; of Plat 603 -B, Block 1, Lots 28 & 29, Fountain Hills, Arizona; as
recorded in book 161 of maps, page 41 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 Lots 28 & 29 are required to pass the developed flows generated by the
upstream lots across their property,
SFC11OH2• 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 -41
Page 1 of 2
e ASS/ �-I b - l�
N AIL iYl w
SECOND �� F
COUNT _ 0
, ASSED AND ADOPTED this 16th day of August 1999.
ATTEST
Cassie B. Hansen, Town Clerk
FOR THE TOWN OF FOU TAIN HILLS
Sharon Morgan, Mayor
APPROVED AS TO FORM:
I .P. g- g
William E, Farrell, Town Attorney
Resolution 1999 -41
Page 2 of 2
14
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603B BLOCK 1 LOTS 28 & 29
W
.
31
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ry
N
Fi
PLAT 603B
BOOK 161
PAGE 41
16
17
18
19
BLOCK 1
20
1
LOT 29
ABANDON 10' PUBLIC TILITY
& DRAINAGE EASEM T
;�► LOT 28
o � �
ABANDON 10' PUBLIC UTILITY /
�y66,& DRAINAGE EASEMENT
30 �h
27 24
20' P. E. & D.E.
N660S��S' �`� 26
`C 25
CRY
N66S0 0
BLO K 6
2S- 2S.
/ LAN �
SCALE: 1 " =80' ;.l,, L 11
tit L 1 /
DATE: 8 -11 -99 Q-
•� BLOCK 3