HomeMy WebLinkAboutRes 2001-51s When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2001-51
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS INA PORTION OFTHE CERTAIN TEN (10')FOOTPUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINE OF
LOT 18,BLOCK 6,OF PLAT 431,FOUNTAIN HILLS,ARIZONA,AS RECORDED
IN BOOK 151OF MAPS,PAGE 43,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,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
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 easterly property lot line of Plat 431,Block 6,Lot18,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 owners of Lot18 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.
Resolution 2001-51
Page 1 of 2
°ASSED AND ADOPTED this 4 day of December 2001
••_
ATTEST:
Cassie B.Hansen,Town Clerk
REVIEWED BY AND APPROVED AS TO FORM:
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William E.Farrell,
Acting Town Manager/Town Attorney
HE TOWN OF*FOUNTAIN HILLS
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Sharon Morgan,Mayor
Resolution 2001-51
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 601A BLOCK 3 LOT 17