Loading...
HomeMy WebLinkAboutRes 1996-15c • C When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1996-15 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 DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG PORTIONS OF THE NORTHERLY AND EASTERLY LOT LINES OFLOT3,BLOCK 4,OFPLAT 104 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 139 OF MAPS,PAGE 32,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council of the Town of Fountain Hills,as the governing body of real property located in the 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 the certain ten (10)foot public utility and drainage easements, located along the northerly and easterly property lines of Plat 104,Block 4, Lot 3,Fountain Hills,Arizona;as recorded in book 139 of maps,page 32, records of Maricopa County,Arizona;are hereby declared to be abandoned by the Town of Fountain Hills;except that a Public Utility Easement shall be retained on the westerly 10'of the northerly 10',and on the easterly 10'of the northerly 10';and except that a drainage easement shall be retained on the easterly 10';all as shown in Exhibit A. Resolution 1996-15 Page 1 of 2 PASS/ffAlL .-5 --^l-J Id MOTION M-U<JA-YW second T.bbt-tfs COUNT 1-Q, C SECTION 3.That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Townin no way attempts to affect the rightsof any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. PASSED AND ADOPTED this 21 day of March,1996. Jann M.Cutillo,Mayor REVIEWED BY; *aul L/Klordin Town Manager TAIN HILLS:ATTEST: UM^u^sQ /J^a Cassie B.Hansen Town Clerk Ham E.Farrell Town Attorney Resolution 1996-15 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 104 BLOCK 4 LOT 3 P.U.E.RETAINED D.E.ABANDONED SCALE:1"=30' Nffisraftti/ Vjjjgjj/ TO:Townof Fountain Hills Engineering Department FROM:Jean Wood Owner of Lot 3,Block 4,Plat 104 (16402 Ashbrook Drive) I am the owner of Lot 3 of Block 4 of Fountain Hills Plat 104. I acknowledge thatmyexistingfenceblocksmostofthedrainagepathfromthelotsnorthofmy property. IagreethatuponrequestfromtheTownofFountainHillsand/oranadjacentpropertyowner, I(ormy successor or assigns)will,atour expense,reconstruct a portion ofmyfencetoallow drainagetofreelyflowthroughtheretaineddrainageeasementalongtheeasterly 10'ofmy property.IfIfailtodoso,I understand thattheTownofFountainHillsmayorderthe reconstruction of my fence,in accordance withthe Uniform Drainage Regulation of Maricopa County,as adopted bythe Town of Fountain Hills. Signed: STATE OF ARIZONA County of Maricopa VjQrv-oQ- )ss. dLSUBSCRIBEDANDSWORNTOBEbeforemethis//day of jWlA &X 1996,by JTc3a^-\LOc^ncL My Commission Expires: E:\EASEMENTU04-4-3.LTR OFFICIAL SEAL kBEVELYN J.BENDER NOTARYPUBUC-ARIZONA MARICOPA COUNTY Myoomra eqpfres Aug.28.1999 nco