HomeMy WebLinkAboutRes 2002-17Vhen recorded,return to:
ngineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-17
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
WESTERLY LOT LINES OF LOT 29,BLOCK 13,OF PLAT 107,FOUNTAIN HILLS,
ARIZONA,AS RECORDED IN BOOK 141 OF MAPS,PAGE 18,RECORDS OF
MARICOPA COUNTY,ARIZONA.
WHEREAS,TheTown Council of the Townof 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
W 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 northerly and westerly property lot lines of Plat 107,Block 13,Lot
29,Fountain Hills,Arizona;as shown in Exhibit "A";as recorded in book 141 of maps,
page 18 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 Lot29is 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 2002-jj ^11
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PASSED AND ADOPTED this 16 day of May 2002.
ATTEST:FORTHE TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
REVIEWED BY APPROVED AS TO FORM^
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Roy PedersonAlnterim Town Manager William E.Farrell,Town Attorney
Resolution 2002-1Z
Page 2 of 2
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PLAT 107
BOOK 141
PAGE 18
LOT 3
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 107 BLOCK 13 LOT 29
ORO GRANDE DR
LOT 2
LOT 29
CO
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CD
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