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HomeMy WebLinkAboutRes 2002-38\jh$m^ c When recorded,return to: PublicWorks Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2002-38 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 NORTHERLY LOT LINE OF LOT 19,BLOCK 6,OF PLAT 431, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 151 OF MAPS, PAGE 43,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,TheTownCounciloftheTownofFountainHills,asthegoverningbodyofrealproperty locatedintheTownofFountainHills,mayrequirethededicationofpublicstreets,sewer, water,drainage,andotherutilityeasementsorrights-of-waywithinanyproposed subdivision;and WHEREAS,TheTownCounciloftheTownofFountainHillshastheauthoritytoacceptorrejectoffers ofdedication of privatepropertybyeasement,deed,subdivision,platorotherlawful 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: SECTION1 That aportion of thecertaintwenty(20)footpublicutilityanddrainage easements,located alongthe northerly propertylotline of Plat 431,Block 6,Lot19,Fountain Hills,Arizona; asshownin Exhibit "A";as recorded inbook 151 of maps,page43recordsofMaricopa County,Arizona;arehereby declared tobe abandoned bythe Town of Fountain Hills. Certainlotswithinthissubdivisionare subject tolot-to-lotdrainagerunoff.Theproperty owners of Lot 19 arerequiredtopassthedevelopedflowsgeneratedbytheupstreamlots across their property. SECTION 2 Thatthis Resolution isone of abandonment and disclaimer bythe Town solelyforthe purpose of removing any potential cloud onthetitletosaidpropertyandthattheTownin noway attempts to affect the rights of any private partyto oppose the abandonment or assert any right resulting therefromor existing previous toany action bythe Town. Resolution 2002-38 Page 1 of 2 PASSED AND ADOPTED this 3rd day of October 2002. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS (L^i-lci ^L Cassie B.Hansen,Town Clerk REVIEWED TimotnyG.Pickering,CEcD,TownManager AndrewMcGuire,TownAttorney Resolution 2002-38 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT431 BLOCK 6LOT 19