HomeMy WebLinkAboutRes 1998-37c When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-37
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 PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHERLY AND EASTERLY LOT
LINES OF LOT 31,BLOCK 9 OF PLAT 111,FOUNTAIN HILLS,
ARIZONA,AS RECORDED IN BOOK 150 OF MAPS,PAGE 12,
RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,TheTown 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 twenty (20)foot public utility and drainage easements,
located along the northerly property lot line of Lot31 except for the
westerly 20',and the certain ten (10)foot public utility and drainage
easements,located along the easterly property lotline of Lot31 except for
the southerly 20',as shown in Exhibit A;of Plat 111,Block 9,Lot31,Fountain
Hills,Arizona;as recorded in book 150 of maps,page 12 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 Lot31 are required to pass the
developed flows generated by the upstream lots across their property.
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 1998-37 c .0,
Page 1 of 2 PASS/FAIL
MOTION .
SECOND _
COUNT _L>=!a
c
PASSED AND ADOPTED this 6th day of August,1998.
FOR THE IOWN OF FOUNTAIN HILLS:
Sharon Morgan,Mayor
->aul L/Nordin
Town Manager
ATTEST:
Cassie B,Hansen
Town Clerk
'ROyEDASTOFQBM:
William E.Farrell
Town Attorney
Resolution 1998-37
Page 2 of 2
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SCALE:1"=40'
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 111 BLOCK 9 LOT 31
PARCEL "H"
ASHBROOK WASH
P.U.E.&D.E.
20'PUBLICUTILITY ic
DRAINAGE EASEMENT
ABANDONED