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HomeMy WebLinkAboutRes 1998-39When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills, AZ 85269 RESOLUTION 1998-39 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 5,BLOCK 1 OF PLAT 201 A,FOUNTAIN HILLS,ARIZONA, AS RECORDED IN BOOK 150 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,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 northwesterly property lot line of Lot 5 except for the northeasterly 20',as shown in Exhibit A;of Plat 201A,Block 1, Lot 5,Fountain Hills,Arizona;as recorded in book 150 of maps,page 32 records of Maricopa County,Arizona;are hereby declared to be abandoned by the Town of Fountain Hills.(All easements within the property formerly a part of Parcel A are retained.)Certain lots within this subdivision are subject to lot to-lot drainage runoff.The property owners of Lot 5 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 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 1998-39 Page 1 of 2 PASS/FAIL MOTION SECOND COUNT l&^Q %^-lk i L L PASSED AND ADOPTED this 6th day of August 1998. FOWW TOWN Cf/OUNTAIN HILLS: Sharon Morgan,Mayor Paul L./Jordin Town Manager M[tr ATTEST: siSAAAa-XI Cassie B.Hansen Town Clerk \A ' APPROVED AS TO FORM William E.Farrell Town Attorney Resolution 1998-39 Page 2 of 2