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HomeMy WebLinkAboutRes 1995-38L When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1995-38 A RESOLUTION OFTHE MAYOR AND COMMON COUNCIL OF THE TOWN OFFOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN DRAINAGE AND PUBUC UTILITY EASEMENTS ALONG THE NORTHERLYLOTUNEOFLOT17,BLOCK3,OFPLAT 505C FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,TheTown Council of the Townof 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,TheTown Council of the Townof 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 easement,located along the northerly property line of Plat 505C,Block 3,Lot 17,Fountain Hills, Arizona;as recorded in book 158 of maps,page 42 records of Maricopa County,Arizona;is hereby declared to be abandoned by the Town of Fountain Hills;except for the easterly 10 feet,and except that a public utility easement shall be retained on the westerly 5 feet of the northerly 10 foot easement and except that a 1'drainage easement shall be retained;all as depicted in Exhibit A. 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 Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1995-38 Page 1 of 2 (PASS^AIL 1"S~^S~ motion Ldju^rt r^uu second Trbj^cJfb COUNT ~1-Q PASSED AND ADOPTED this 5th day ofJuly,1995. FOR THE TOWN OF FOUNTAIN HILLS:ATTEST: John M.Cutillo,Mayor Paul L Nordin Town Manager Cassie B.Hansen Town Clerk APPROVED AS TO FORM r^U William E.Farrell Town Attorney Resolution 1995-38 Page 2 of 2