HomeMy WebLinkAboutRes 2001-24Vhen recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
RESOLUTION 2001-24
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 OFTHE CERTAIN TEN (10')FOOTPUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY AND
EASTERLY LOT LINES OF LOT 24,BLOCK 2,OF PLAT 505-D,FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,PAGE 41,RECORDS
OF MARICOPA COUNTY,ARIZONA.
TheTown 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
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.Thata portion of the certain twenty (20)foot public utility and drainage
easements,located along the northerly property line of Lot24 and the ten (10)
foot public utility and drainage easements located on the easterly property lotline
of Plat 505-D,Block 2,Lot24,Fountain Hills,Arizona;as shown in Exhibit WA";as
recorded in book 158 of maps,page 41 records of Maricopa County,Arizona;are
hereby declared to be abandoned by the Town of Fountain Hills.Certain lots
withinthis subdivision are subject to lot-to-lot drainage runoff.The property owners
of Lot24 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 Townsolelyfor
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 orexisting previous to any
action by the Town.
c Resolution 2001-24
Page 1 of 2
MASSED AND ADOPTED this 17m day ofMay 2001,
ATTEST:FOR JHE T0)A/N OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
T.Noon,Town Manager
Sharon Morgan,Mayo
APPROVED AS TO FORM:
William E.Farrell TownVatomey
Resolution 2001-24
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505D BLOCK 2 LOT 24
ABANDON 10*PUBUC
UTILITY &DRAINAGE
EASEMENT
RETAIN 20LF PUBUC
UTILITY EASEMENT
ABANDON 20LF DRAINAGE
EASEMENT
SCALE:r=50'
DATE:5-1-01