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HomeMy WebLinkAboutRes 1998-57When recorded,return to: ngineering Department own of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 , RESOLUTION 1998-57 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE WESTERLY LOT LINEOF LOT 3,BLOCK 5,OF PLAT 428,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS,PAGE 19,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 HEREAS,All present utility companies have received notification of the proposed abandonment; ^"W! 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 westerly property lot line of Lot3,as shown inExhibitA;of Plat 428,Block 5,Lot 3,Fountain Hills,Arizona;as recorded in book 155 of maps,page 19 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 Lot3 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 1998-57 Page 1 of 2 TASS/JFAILTON &pp^> SECOND COUNT ^~Q /)-£•-?* M mt- PASSED AND ADOPTED this 5th day of November,1998 ATTEST:FOR THE TOWN OF FOUNTAIN HILLS AZLA/Ld^.^ Cassie B.Hansen,Town Clerk dXZ^/CtfVt Sharon Morgan,Mayor REVIEWED BY:APPROVED AS TO FORM: Paul L,Nordin,Town Manager 0tjL^CJLJA VpJU^aJ/ William E.Farrell,Town Attorney Resolution 1998-57 Page 2 of 2