HomeMy WebLinkAboutRes 2002-39\|8^/
When recorded,return to:
PublicWorksDepartment
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
RESOLUTION 2002-39
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 OF THE CERTAIN
TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG
THENORTHEASTERLYLOTLINEOFLOT1,BLOCK5,OFPLAT 605D,
FOUNTAIN HILLS,ARIZONA,AS RECORDED INBOOK 164 OF MAPS,
PAGE 15,RECORDS OF MARICOPA COUNTY,ARIZONA.
The Town Council of the Town of Fountain Hills,as the goveming body of real property
located inthe 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 ten (10)foot public utility and drainage easements,located
along the northeasterly property lot line ofPlat 605D,Block 5,Lot1,Fountain Hills,
Arizona;as shown in Exhibit "A";as recorded in book 164 of maps,page 15 records of
Maricopa County,Arizona;is hereby declared tobe abandoned bythe Town of Fountain
Hills.Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The
property owner of Lot 1is required to pass the developed flows generated by the upstream
lotsacrosstheirproperty.
SECTION 2.That this Resolution is one of abandonment and disclaimer by the Town solely for the
purpose of removing any potential cloud onthetitletosaid property and thatthe Town in
nowayattemptstoaffecttherightsofanyprivatepartytoopposethe abandonment or
assert anyright resulting there from or existing previous toany action bythe Town.
Resolution 2002-39
Page 1 of 2
PASSED AND ADOPTED this 3rd day of October 2002.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
t <kAA^**.
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Cassie B.Hansen,Town Clerk
REVIEWED B
Timothy G.Pickering,CEcD,Town Manager Andrew McGu&e,Town Attorney
Resolution 2002-39
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605D BLOCK5LOT1