HomeMy WebLinkAboutRes 2001-44When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
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RESOLUTION 2001-44
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 TEN (10')FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY LOT
LINEOF LOT 2,BLOCK 4,OF PLAT 605-D,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 164 OF MAPS,PAGE 15,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
WHEREAS,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 northeasterly property lot line of Plat 605-D,Block 4,Lot2,
Fountain Hills,Arizona;as shown inExhibit"A";as recorded in book 164 of maps,
page 15 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 Lot2 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 or existing previous to any
action by the Town.
Resolution 2001-44
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PASSED AND ADOPTED this 18 day of October 2001.
Cassie B.Hansen,Town Clerk
REVIEWED BY AND APPROVED AS TO FORM:
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Wiffiam E.Farrell,
Acting Town Manager/Town Attorney
FOR THE TOWN OF FOUNTAIN HILLS
Resolution 2001-44
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605D BLOCK 4 LOT 2