HomeMy WebLinkAboutRes 1998-36When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-36
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 SEWER EASEMENT ALONG THE
SOUTHERLY LOT LINE OF LOTS 18,19 &20,OF EAGLE
MOUNTAIN PARCEL 10/11,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 436 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,The Fountain Hills Sanitary District has 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 twenty (20)foot sewer easement,located along the
southerly property lotline of Lots 18,19&20,as described inExhibitA and as
shown inExhibit B;of the Eagle Mountain Parcel 10/11,Fountain Hills,
Arizona;as recorded in book 436 of maps,page 32 records of Maricopa
County,Arizona;is hereby declared to be abandoned by the Town of
Fountain Hills.
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.
Resolution 1998-36
Page 1 of 2 PASS/FAIL
MOTION •Ppmrxo-
SECOND A-fp-S
COUNT
t~(—<(k
U^O
PASSED AND ADOPTED this 6th day of August,1998.
WN OF FOUNTAIN HILLS
Sharon Morgan,
TownA/lanager
ATTEST
[JUL4aa^HJ /cdfiAA^i^y
Cassie B.Hansen
Town Clerk
ED AS TO FO
^-Z>v£<g£n-'
William E.Farrell
Town Attorney
Resolution 1998-36
Page 2 of 2
EXHIBIT A
April20,1998
LEGAL DESCRIPTION FOR
EAGLE MOUNTAIN PARCEL 10/11 -LOTS 18-20
EXISTING 20 FOOT SEWER EASEMENT ABANDONMENT
That 20.00 foot Sewer Easement onLots 18-20 shown on the "FinalPlatfor Eagle Mountain
Parcel 10/11",recorded inBook436ofMaps,Page 32,Maricopa County Records,situated ina
portionof Sections 28&29,Township 3North,Range 6 East,of the Gila and Salt River
Meridian,Maricopa County,Arizona,more particularly described as follows:
BEGINNING at the Southeast Corner of said Lot 20;
Thence South 66°06'35"West,along the Southerly Boundary of said "Eagle Mountain Parcel
10/11",also being the Southerly Boundary of the 20.00 foot Sewer Easement,a distance of
246.65 feet;
Thence North 82°37,29"West,continuingalong said SoutherlyBoundary,a distance of1.95feet
to the Westerly lineof said 20.00 foot Sewer Easement;
Thence North 13°16'03"East,along said Westerly line,a distance of 23.82 feettoapointonthe
Northerlylineof said 20.00 foot Sewer Easement;
Thence North ee'WSS"East,along said Northerlyline,a distance of 235.60 feettothe Easterly
lineof said 20.00 foot Sewer Easement,also beingthe Easterly Lineof said Lot20;
Thence South 19°05'43"East,along said Easterly line,a distance of 20.07 feettothePOINTOF
BEGINNING.
The above described parcel contains 4,846 square feetor 0.111 acres more or less.
L:\LAND\97P083\ADMIN\00010LWPD
Cm Carter Burg*less
EXHIBIT B
Lr
mm Carter-Burg
4041 NORTH CENTRAL AVE,SUITE 650 -PHOENIX,ARIZONA 85012
\(602)263-5309 PAX (602)265-8373
\LAN0\97P083\EHLEG3.DGN
20'SEWER EASEMENT
ABANDONMENT
JOB NUMBER
97P0830iq/