HomeMy WebLinkAboutRes 2001-23CWhen recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
RESOLUTION 2001-23
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HftS IN A PORTION OF THE CERTAIN TEN (10')FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF
LOT42,BLOCK 1,OFPLAT 602-A,FOUNTAINHILLS,ARIZONA,AS
RECORDED IN BOOK 161OF MAPS,PAGE 42,RECORDS OF MARICOPA
COUNTY,ARIZONA.
TheTown Council of the Townof Fountain Hills,as the governing body of real
property located in the Townof 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
TheTown Council of the Townof Fountain Hills has the authority to accept or reject
offersof 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 westerly property lot line of Plat 602-A,Block 1,Lot42,Fountain
Hills,Arizona;as shown in Exhibit XXA";as recorded in book 161 of maps,page 42
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 Lot42 are 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.
c Resolution 2001-23
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ASSED AND ADOPTED this 17 day of May 2001,
ATTEST:
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Cassie B.Hansen,Town Clerk
REVIEWED BY
aul L Nordin,Town Manager
L
FOR THROWN OF FOUNTAIN HILLS
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
Resolution 2001-23
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 602A BLOCK 1 LOT 42