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HomeMy WebLinkAboutRes 2000-43''hen recorded,return to: engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 14, 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 'HEREAS,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 a portion of the certain ten (10)foot public utility and drainage easements, located along the northwesterly property lot line of Lot 14,as shown in Exhibit A;of Plat 431,Block 6,Lot14,Fountain Hills,Arizona;as recorded in book 151 of maps, page 43 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 14 are required to pass the developed flows generated by the upstream lots across their property. SECTION2.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 2000-43 Page 1 of 2 3ASS/FAIL .9-1-op second trr&vJtA^ COUNT <w ^SSED AND ADOPTED this 7 day of September 2000. ATTEST: LUUu-a-14L4V4-—' Cassie B.Hansen,Town Clerk FOR THE TOWN OF F >UNTAIN HILLS n, Morgan,Ma\^or APPROVED AS TO FORM: William E.Farrell,Town Attorney Resolution 2000-43 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 431 BLOCK 6 LOT 14 o CN T RETAIN 20'PUBLIC UTILITY &DRAINAGE EASEMENTS- P.U.E.&D.E ABANDON 82.04 LF OF PUBLIC UTILITY & DRAINAGE EASEMENT ABANDON 50 L.F.OF 0'DRAINAGE EASEMENT ItETAJN 50 L.F. OF 10'PUBLIC UTILITY EASEMENT SCALE:r-40* DATE:4-13-00 STATE LAND PLAT 431 BOOK 151 PAGE 43