HomeMy WebLinkAboutRes 1998-48When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-48
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 NORTHWESTERLY,AND
NORTHEASTERLY LOT LINES OF LOT 25,BLOCK 2 OF PLAT
506A,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK
159 OF MAPS,PAGE 30,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,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
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 and northeasterly property lotline of Lot25
as shown in Exhibit A;of Plat 506A,Block 2,Lot 25,Fountain Hills,Arizona;as
recorded in book 159 of maps,page 30 records of Maricopa County,
Arizona;are hereby declared to be abandoned by the Town of Fountain
Hills.Certain lotswithinthis subdivision are subject to lot-to-lot drainage
runoff.The property owners of Lot25 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 1998-48
Page 1 of 2 (pass/fail
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PASSED AND ADOPTED this 17 day of September,1998.
ATTEST:
Cassie B.Hansen,Town Clerk
REVIEWED BY:
Paul L,Mordin
Town Manager
WN OF FOUNWN HILLS
Aaj-^lS,
Morgan,Mayor
APPROVED AS TO FORM:
William E.Farrell
Town Attorney
Resolution 1998-48
Page 2 of 2
L
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506-A BLOCK 2 LOT 25