HomeMy WebLinkAboutRes 1998-28c
When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION 1998-28
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 EASEMENT ALONG
THE SOUTHWESTERLY PROPERTY LINE AND A PORTION OF
THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS
ALONG THE NORTHWESTERLY PROPERTY LOT LINE OF LOT
3,BLOCK 14OF PLAT 212,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 141 OF MAPS,PAGE 17,RECORDS OF
MARICOPA COUNTY,ARIZONA.
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
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
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 drainage easement,located along the
southwesterly property lotline;and the certain ten (10)foot public utility
and drainage easements located along the northwesterly property lotline
of Lot3 except for the northerly 20',as shown in Exhibit A;of Plat 212,Block
14,Lot3,Fountain Hills,Arizona;as recorded in book 141of maps,page 17
records of Maricopa County,Arizona;are hereby declared to be
abandoned by the Town of Fountain Hills.Certain lots within this subdivision
are subject to lot-to-lot drainage runoff.The property owners of Lot3 are
required to pass the developed flows generated by the upstream lots
across their property.
Resolution 1998-28
Page 1 of 2 T-^-?8
SECOND __&p/0.3
COUNT Ip-Q__
SECTION2.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 2nd day of July,1998.
FORiTHETOWN OF FOUNTAIN HILLS
Sharon Morgan,Mayor
ciui L/Nbrdin
Town Manager
ED BY
ATTEST:
Cassie B.Hansen
Town Clerk
APPROVED AS TO FORM
William E.Farrell
Town Attorney
Resolution 1998-28
Page 2 of 2
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SCALE:f=40'
6-24-98
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 212 BLOCK 14 LOT 3