HomeMy WebLinkAboutRes 1998-31When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1998-31
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 LOT LINES OF
LOT 33,BLOCK 6OF PLAT 401B,FOUNTAIN HILLS,ARIZONA,
AS RECORDED IN BOOK 155 OF MAPS,PAGE 12,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 twenty (20)foot public utility and drainage easements,
located along the northwesterly property lot line of Lot33,Block 6 of Plat
401B,Fountain Hills,Arizona;as recorded in book 155of maps,page 12
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 Lot33 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 rightsof any
private party to oppose the abandonment or assert any right resulting
therefrom or existing previous to any action by the Town.
Resolution 1998-31
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MOTION
SECOND
JOUNT .
"7-J-<U
PASSED AND ADOPTED this 2nd day of July,1998.
FORJH&TOWN OF FOUNTAIN HILLS
Sharon Morgan,Mayor
Paul L.Nordin
Town Manager
ATTEST:
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Cassie B,Hansen
Town Clerk
APPROVED AS TO FORM:
William E.Farrell
Town Attorney
Resolution 1998-31
Page 2 of 2
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