HomeMy WebLinkAboutRes 1998-66When recorded,return to:
gineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-66
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 NORTHERLY,AND WESTERLY LOT
LINES OFLOT8,BLOCK 2OF PLAT 505B,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 158 OF MAPS,PAGE 43,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 northerly and westerly property lotlines of Lot8;except for the easterly 20'of
the northerly 10'public utility and drainage easements,as shown inExhibitA;of
Plat 505B,Block2,Lot8,Fountain Hills,Arizona;as recorded in book 158 of maps,
page 43 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 ofLot8 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 1998-66
Page 1 of 2 /PASS^FAIL
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PASSED AND ADOPTED this 3rd day of December,1998.
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk Sharon Morgan,May
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
Resolution 1998-66
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505-B BLOCK 2 LOT 8