HomeMy WebLinkAboutRes 2002-284
L
When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-28
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN
TWENTY (20')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS
ALONG THE EASTERLY LOT LINE AND RETAINING THE 10'PUBLIC
UTILITY AND DRAINAGE EASEMENT ALONG THE NORTERLY
PROPERTY LINE OF LOT 28,BLOCK 2,OF PLAT 505-D,FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,PAGE 41,
RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,The Town Council of the Town of Fountain Hills,asthegoverningbody of realproperty
located inthe Town of Fountain Hills,may require the dedication of public streets,sewer,
water,drainage,and other utility easements orrights-of-waywithinany proposed
subdivision;and
WHEREAS,The Town Council ofthe Town of Fountain Hillshastheauthoritytoacceptorrejectoffers
of dedication of private property by easement,deed,subdivision,plator other lawful
means;and
WHEREAS,All present utility companies have received notification of the proposed abandonment;
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1.Thataportion of thecertaintwenty(20)foot public utilityand drainage easements,located
alongthe easterly propertylotlineofPlat505-D,Block2,Lot28,Fountain Hills,Arizona;
asshownin Exhibit "A";asrecordedinbook158ofmaps,page41recordsof Maricopa
County,Arizona;are hereby declared tobe abandoned bythe Town of Fountain Hills.
Certainlotswithinthis subdivision are subject tolot-to-lot drainage runoff.Theproperty
owners ofLot28arerequiredtopassthe developed flowsgeneratedbythe upstream lots
across their property.
SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town solely forthe
purposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe Town in
nowayattemptstoaffecttherightsofanyprivatepartyto oppose the abandonment or
assertanyrightresulting therefrom or existing previous toanyactionbytheTown.
Resolution 2002-28
Page 1 of 2
PASS/pAIL
ION
SECOND __
COUNT ~1 ~Q
*
PASSED AND ADOPTED this2ndday of July,2002.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
REVIEWED BY:
OUhJ:
Jon Beydler,Mayor
APPROVED/AS TO FORM:
William E.Farrell,Town Attorney
Resolution 2002-2!
Page 2 of 2
PLAT 505-D \
BOOK 158 \
PAGE 14
LOT 27
%iP/V
^r
OT 30
SCALE:r=40'/
DATE:5-22-02 /
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505-D BLOCK 2 LOT 28
A=5615'03*
R=45.00'
L=44.18'
/
R;
J
90.51'
RETAIN 10'
P.U.E.&D.E.
BLOCK 2
LOT 28
ABANDON 20'
P.U.E.&D.E.