HomeMy WebLinkAboutRes 2002-19Vhen recorded,return to:
engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-19
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 NORTHWESTERLY
LOT LINEOF LOT 34,BLOCK 6,OF PLAT 401B,FOUNTAIN HILLS,ARIZONA,
AS RECORDED IN BOOK 155 OF MAPS,PAGE 12,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 twenty (20)foot public utility and drainage
easements,located along the westerly property lot line of Plat 401B,Block6,Lot34,
Fountain Hills,Arizona;as shown in Exhibit "A";as recorded in book 155 of maps,
page 12 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 Lot 34 are 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-_ig
Page 1 of 2 PASS/FAIL
MOTION
SECOND
COUNT KD~D
PASSED AND ADOPTED this 16th day of May 2002.
ATTEST:FOR THE TOWN OFFOUNTAIN HILLS
(Jh^lLsJU.rJ+-
Cassie B.Hansen,Town Clerk
'/«/
Sharon Morgan,Mayo
REVIEWED EV APPROVED AS TO FORM:
Roy Pederson,InterimTown Manager William E.Farrell,Town Attorney
C
Resolution 2002-19.
Page 2 of 2
PLAT 401B
BOOK 155
PAGE 12
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401B BLOCK 6 LOT 34