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HomeMy WebLinkAboutRes 1994-51RESOLUTION 1994-51 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND IN PORTIONS OF THOSE CERTAIN DRAINAGE EASEMENTS AFFECTING ALONG THE WESTERN AND NORTHERN LOT LINES OF LOT62, BLOCK 2, OF PLAT 428 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, 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 easement located along the western property line of Lot 62,Block 2,Plat 428 Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 records of Maricopa County, Arizona;is hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2.That the certain ten (10)foot drainage easement located along the western property line of Lot 62,Block 2,Plat 428 Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 records of Maricopa County, Arizona;is hereby retained by the Town of Fountain Hills. Resolution 1994-51 Page 1 of 2 c L SECTION 3.That the certain twenty (20)foot public utility easement located along the northern property line of Lot 62,Block 2,Plat 428 Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 records of Maricopa County, Arizona;is hereby declared to be abandoned by the Town of Fountain Hills. SECTION 4.That the southern fifteen (15)feet of that certain twenty (20)foot drainage located along the northern property line of Lot 62,Block 2,Plat 428 Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 records of Maricopa County,Arizona;is hereby declared to be abandoned by the Town of Fountain Hills. SECTION 5.That the northern five (5)feet of that certain twenty (20)foot drainage easement located along the northern property line of Lot 62,Block 2,Plat 428 Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 records of Maricopa County,Arizona;is hereby retained by the Town of Fountain Hills. SECTION 6.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. PASSED AND ADOPTED this 3rd day of November,1994. FOR THEJOWNpF FOUNTAIN HILLS: John^M/Cutillo,Mayor Paul L.Nordin Town Manager ATTEST: Cassie B.Hansen Town Clerk )\/EDASTOF /illiam E.Farrell Town Attorney Resolution 1994-51 Page 2 of 2 % •• +