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RESOLUTION 1999 -49
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION
1999 -42 AND ADOPTING THIS RESOLUTION ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN A PORTION OF A
CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT
ALONG THE NORTHERLY LOT LINE OF LOT 14, BLOCK I OF PLAT
213, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF
MAPS AT PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Town Council, Town of Fountain Hills, on the 16th day of August, 1999
adopted Resolution 1999-42; and
WHEREAS, on September 1, 1999 in the official records of the Maricopa County Recorder
at Instrument No. 99- 0829923 did record Resolution 1999 -42; and
WHEREAS, that said Resolution 1999 -42 contained a typographical error identifying Lot 14
as being in Block 3 of Plat 213, whereas Lot 14 is located in Block 1 of Plat 213; and
�r WHEREAS, it is the intention of the Town by the adoption of this resolution to rescind
Resolution 1999 -42 and to record the new Resolution 1999 -49 to correct the error;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That Resolution 1999 -42 is hereby rescinded and that the certain 20' public utility and
drainage easement located along the northerly property line of Lot 14, as shown in Exhibit A of Plat
213, Block 1, Fountain Hills, Arizona, as recorded in Book 155 of Maps, Page 24, Records of
Maricopa County, Arizona is hereby declared to be abandoned by the Town of Fountain Hills.
Certain lots within the subdivision are subject to lot -by -lot drainage runoff. The property owner of
Lot 14, Block 1 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
purposes 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 property to oppose the abandonment or assert any right
resulting therefrom or existing previous to any action by the Town.
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Resolution 1999 -49 N S
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Section 3. That upon passage and adoption of this resolution, the Town Clerk and Town
Engineer are ordered and directed to record a copy of this resolution in the Office of the Maricopa
County Recorder.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 7t' day of October, 1999.
Morgan,
OF FOUNTAIN HILLS: ATTESTED TO:
Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Paul . Nordin, Town Manager William E. Farrell, Town Attorney
Resolution 1999 -49
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