HomeMy WebLinkAboutRes 2001-29CVhen recorded return to:
^/gineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
RESOLUTION 2001-29
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 TWENTY (20')FOOT
PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT
LINE OF LOT 4,BLOCK 2,OF PLAT 431,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 151 OF MAPS,PAGE 43,RECORDS OF MARICOPA
COUNTY,ARIZONA.
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
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 twenty (20)foot public utility and drainage
easements,located along the southerly property lot line of Plat 431,Block 2,Lot4,
Fountain Hills,Arizona;as shown inExhibit "A";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 owner of Lot4is 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 2001-29
Page 1 of 2
"'ASSED AND ADOPTED this 21s day of June 2001.
ATTEST:FOR THE TOWNOF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
REVIEWED BY
L.Norain,Town Manager
bt>
Sharon Morgan,Mayor
APPROVED AS TO FORM:
WilliamE.Farrell,Town Attorney
Resolution 2001-29
Page 2 of 2
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 431 BLOCK 2 LOT 4
PLAT 431
BOOK 151
PAGE 43