HomeMy WebLinkAboutRes 2000-04When recorded,return to:
ngineering Department
(own of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS.
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION 2000-04
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,RESCINDING RESOLUTION 1997-29 AND
ADOPTING THIS RESOLUTION ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST THE TOWN HAS INA PORTION OF THE CERTAIN PUBLIC UTILITY
AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOTLINEOFLOT5,
BLOCK 9,OF PLAT 111,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK
150 OF MAPS,PAGE 12,RECORDS OF MARICOPA COUNTY,ARIZONA.
the Town Council of the Town of Fountain
adopted Resolution 1997-29;and
Hills,on the 19m day of July,1997
on July8,1997 in the official records of Maricopa County Recorder at Instrument
No.97-0461715 did record Resolution 1997-29;and
that said Resolution1997-29 contained an error identifying ten (10')foot public
utility and drainage easements located at the southerly property line of Lot 5,
Block9,Plat 111,(16235 EastHydePark Drive),whereas a twenty (20')foot public
utility and drainage easement was abandoned.
itis the intention of the Town by the adoption of this resolution to rescind Resolution
1999-29 and to record the new Resolution 2000-04 to correct the error.
NOW THEREFORE,BEIT RESOLVED BYTHE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,AS FOLLOWS:
SECTION 1.That Resolution 1997-29 is hereby rescinded and that the certain 20'public utility
and drainage easement located along the southerly property line of Lot5,as
shown in Exhibit A of Plat 111,Block 9,Fountain Hills,Arizona,as recorded in Book
150 of Maps,Page 12,Records of Maricopa County,Arizona is hereby declared to
be abandoned by the Town of Fountain Hills.Certain lots within the subdivision are
subject to lot-by-lot drainage runoff.The property owner of Lot5,Block9,is
required to pass the developed flows generated by the upstream areas across
their property.
SECTION 2.That this Resolution is one of abandonment and disclaimer by the Town solelyfor
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 2000-04
Page 1 of 2 /PASS/PAIL *>~'~^
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PASSED AND ADOPTED this 17 day of February 2000.
ATTEST:
Cassie B.Hansen,Town Clerk
REVtEWBD BY:
Paul L.NordiaTown Manager
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FORJHE TOWN OF FjZMNTAIN HILLS
Sharon Morgan,Mayor
APPROVED AS TO FORM:
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William E.Farrell,Town Attorney
Resolution 2000-04
Page 2 of 2
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•COPY Feb 08,2000