HomeMy WebLinkAboutRes 2002-32L
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When recorded,return to:
PublicWorks Department/Engineering Division
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-32
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
EIGHT (8')FOOT ELECTRIC EASEMENT,THE TWENTY (20')FOOT
EFFLUENT LINE EASEMENT AND THE TWENTY-FIVE (25')FOOT
PUBLIC UTILITY AND DRAINAGE EASEMENT WITHIN THE
BOUNDARY OF THE FOUR PEAKS PLAZA "FINAL PLAT",FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN BOOK 568OF MAPS,PAGE 39,
RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,The Town Council ofthe Town of Fountain Hills,asthe goveming body of real property
located intheTownof Fountain Hills,may require the dedication of public streets,sewer,
water,drainage,andother utility easements or rights-of-way within any proposed
subdivision;and
WHEREAS,The Town Council ofthe Town of Fountain Hills has the authority to accept or reject offers
of dedication ofprivate property by easement,deed,subdivision,platorother lawful
means;and
WHEREAS,All present utility companies have received notification ofthe proposed abandonment;
NOW THEREFORE,beitresolvedbytheMayorandCommonCounciloftheTownofFountainHills,
Arizona as follows:
SECTION 1Thataportionofthecertaineight(8')foot electric easement,the twenty (20')effluentline
easementandthetwenty-five (25')footpublicutilityanddrainageeasement;asshownin
Exhibit "A";as recorded inbook568of maps,page39 records of Maricopa County,
Arizona;areherebydeclaredtobeabandonedbytheTownofFountainHills.Certainlots
withinthissubdivisionaresubjectto lot-to-lot drainagerunoff.The property owners ofthe
FourPeaksPlazaProjectare required topassthe developed flows generated bythe
upstreamlotsandstreetsacrosstheirproperty.
SECTION 2 Thatthis Resolution isoneof abandonment and disclaimer bythe Town solely forthe
purposeofremovinganypotentialcloudonthetitletosaidpropertyandthattheTownin
nowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyrightresultingtherefromorexistingprevioustoanyactionbytheTown.
Resolution 2002-32
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MOTION
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PASSED AND ADOPTED this15thday of August 2002.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
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Cassie B.Hansen,Town Clerk
REVEWEDBY:iD AS TO FORM
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Interim Town Manager r W/illiom T7 TJorfoll T/Mim AttrirnawWilliamE.Farrell,Town Attorney
Resolution 2002-32
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