HomeMy WebLinkAboutRes 2002-33L
When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-33
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
TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG
THE SOUTHERLY AND EASTERLY LOT LINES OF LOT 23,BLOCK 4,OF
PLAT 431,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 151 OF
MAPS,PAGE 43,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,TheTownCouncil of the Town of Fountain Hills,asthe governing bodyofrealproperty
locatedinthe Town of Fountain Hills,may require the dedication ofpublicstreets,sewer,
water,drainage,andotherutilityeasementsorrights-of-waywithinanyproposed
subdivision;and
WHEREAS,TheTown Council of the Town of Fountain Hillshasthe authority toacceptorrejectoffers
of dedication of private property by easement,deed,subdivision,platorotherlawful
means;and
WHEREAS,Allpresentutility 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.That aportionofthecertainten(10)footpublicutilityand drainage easements,located
along the southerly and easterly property lotlines of Plat 431,Block 4,Lot 23,Fountain
Hills,Arizona;as shown in Exhibit "A";as recorded in book 151 of maps,page43 records
of Maricopa County,Arizona;arehereby declared tobe abandoned bytheTownof
Fountain Hills.Certain lots within this subdivision are subject to lot-to-lot drainage runoff.
The property owners of Lot23are required topassthe developed flowsgeneratedbythe
upstreamlotsacross their property.
SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town solelyforthe
purposeofremovinganypotentialcloudonthetitletosaidpropertyandthattheTownin
nowayattemptstoaffecttherightsofanyprivatepartyto oppose the abandonment or
assertanyright resulting therefromorexistingprevioustoanyactionbytheTown.
Resolution 2002-33
Page 1of2
PASS/FAIL Q~lS"Q3-__
SECOND lU.lphc
COUNT 7 *
PASSED AND ADOPTED this 15th day of August,2002.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
vi5
Cassie B.Hansen,Town Clerk
*-•
Interim Town Manager
.
zia
Resolution 2002-33
Page 2 of 2
Attorney
I
Pj^cf431
BOOK 151
PAGE 43
CASCADE DR
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LU
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RETAIlll 20LF
QF P.U.E.-
ABANDON D.E.
SCALE:r=j=40'
DATE:7-19-02
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 431 BLOCK 4 LOT 23
o
o
in
a>
"55
LOT 24
LOT 22
EAST
148.42'
BLOCK 4
LOT 23
ABANDON 10'
P.U.E.&D.E.
^EAST
170.00'
LOT 25
EL PUEBLO BLVD
Atf
p.U.E
LOT 28
ABANDONDED
KPERRES.1995-61
*•MCR 95-0679753
LOT 27
LOT 26