HomeMy WebLinkAboutRes 2000-06When recorded,return to:
ngineering Department
•Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
WHEREAS,
WHEREAS,
RESOLUTION 2000-06
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 NORTHEASTERLY AND
SOUTHEASTERLY LOT LINES OF LOT 13,BLOCK 11,OF PLAT 204,FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN BOOK 142 OF MAPS,PAGE 10,RECORDS
OF MARICOPA COUNTY,ARIZONA.
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
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;
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 easement,as shown in Exhibit "A";
located along the northeasterly and southeasterly property lot line of Lot 13 of Plat
204,Block 11,Fountain Hills,Arizona;as recorded in book 142 of maps,page 10
records of Maricopa County,Arizona;is hereby declared to be abandoned by the
Town of Fountain Hills.The Engineering Department has reviewed the site to
ascertain any drainage issues in addition to the Town's general interest in the
easement.Itis the professional opinion of the Engineering Department that there
is the need for the Town to retain the drainage easement proposed to be
abandoned.Certain lots within this subdivision are subject to lot-to-lot drainage
runoff.The property owner of Lot13is 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 2000-06 .^-^--.
Page 1of 2 (pass/FAIL .p
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SECOND P^pP5
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PASSED AND ADOPTED this 3rd day ofMarch 2000.
ATTEST:FOR TH5 TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk
L Nordiri Town Manager
Sharon Morgan,Mayor
APPROVED AS TO FORM:
/Y^JOCudl^2 ir-<UA>yr
William E.Farrell,Town Attorney
Resolution 2000-06
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 204 BLOCK 11 LOT 13