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HomeMy WebLinkAboutRes 1999-47When recorded, return to: 'neering Department a of Fountain Hills . Box 17958 Fountain Hills, AZ 85269 RESOLUTION 1999 -47 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 EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 5, BLOCK 2, OF PLAT 401 -B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, 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 EREAS, 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 twenty (20) foot public utility and drainage easements, located along the northwesterly property line; of Plat 404 -B, Block 2, Lot 5, Fountain Hills, Arizona; as recorded in book 155 of maps, page 12 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 owner of Lot 5 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. (4a�' Resolution 1999 -47 Page 1 of 2 PASSED AND ADOPTED this I e day of September 1999. -SST: F T E TOWN OF OUNTAIN HILLS Vz Cassie B. Hansen, Town Clerk S aron Morgan, Mayo REVIEWED BY: Paul L. r Qrin, Town Manager APPROVED AS TO FORM: William E. Farrell, Town Attorney Resolution 1999 -47 Page 2 of 2