HomeMy WebLinkAboutRes 1998-59When recorded,return to:
ngineering Department
own of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
;
RESOLUTION 1998-59
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 SOUTHERLY,LOTLINEOFLOT4,BLOCK
2,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 Townof Fountain Hills,as the governing body ofreal
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
offersof dedication of private property by easement,deed,subdivision,plat or
other lawful means;and
SREAS,All present utility companies have received notification of the proposed
abandonment;
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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 easement located along
the southerly property lotline of Lot4,as shown inExhibitA;of Plat 111,Block 2,Lot
4,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 Townof
Fountain Hills,Certain lotswithinthis subdivision are subject to lot-to-lot drainage
runoff.The property owners of Lot4 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.
C Resolution 1998-59
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ASSED AND ADOPTED this 5th day of November,1998.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
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Sharon Morgan,Mayor
REVIEWED BY:APPROVED AS TO FORM:
Paul L,Nordin,Town Manager
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William E.Farrell,Town Attorney
Resolution 1998-59
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 111 BLOCK 2 LOT 4