HomeMy WebLinkAboutRes 1998-38When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-38
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE
CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS
ALONG THE SOUTHERLY LOT LINEOF LOT 3,BLOCK 2OF
PLAT 303,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN
BOOK 147 OF MAPS,PAGE 4,RECORDS OF MARICOPA
COUNTY,ARIZONA.
WHEREAS,TheTown Council of the Townof Fountain Hills,as the governing body of
real property located in the Townof 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 easements,
located along the southerly property lot line of Lot3,Block 2,Plat 303,
Fountain Hills,Arizona;as recorded in book 147 of maps,page 4 records of
Maricopa County,Arizona;are hereby declared to be abandoned by the
Townof Fountain Hills.Certain lotswithinthis subdivision are subject to lot-to-
lot drainage runoff.The property owners ofLot3 are required to pass the
developed flows generated by the upstream lots across their property.
SECTION 2.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 Townin no way attempts to affect the rightsof any
private party to oppose the abandonment or assert any right resulting
therefrom or existing previous to any action by the Town.
Resolution 1998-38
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PASSED AND ADOPTED this 6th day of August,1998.
FOR TbJEJOWN OF FjOJJNTAIN HILLS:
Sharon Morgan,May<
"Paulj/^Nordin
Town Manager
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ATTEST:
Cassie B.Hansen
Town Clerk
APPROVED AS TO FO
William E.Farrell
Town Attorney
Resolution 1998-38
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