HomeMy WebLinkAboutRes 2000-52When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2000-52
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE WESTERLY AND NORTHERLY LOT LINES
OF LOT 23,BLOCK 2,OF PLAT 505-B,FOUNTAIN HILLS,ARIZONA,AS RECORED
IN BOOK 158 OF MAPS,PAGE 43,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS.TheTown Council ofthe Town of Fountain Hills,asthe governing bodyofreal
property located inthe Town of Fountain Hills,may require the dedication of
publicstreets,sewer,water,drainage,and other utility easements or rights-of-way
within any proposed subdivision;and
WHEREAS.TheTownCounciloftheTownofFountainHillshastheauthoritytoacceptor
rejectoffersof dedication of private property by easement,deed,subdivision,plat
or other lawful means,and
WHEREAS.Allpresentutility companies have received notification oftheproposed
abandonment.
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.Thatthecertainten(10)footpublicutilityand drainage easements,located along
the westerly and northerly property lot lines of Plat 505-B,Block 2,of Lot 23,
Fountain Hills,Arizona;as shown in Exhibit "A";as recorded in book 158 of
maps,page 43 records of Maricopa County,Arizona;are hereby declared tobe
abandoned bythe Town of Fountain Hills.Certain lots within this subdivision are
subject to lot-to-lot drainage runoff.The property owners of Lot 23are required
topassthe developed flows generated bythe upstream lots across their property.
SECTION 2.That this Resolution isone of abandonment and disclaimer bythe Town solely for
the purpose of removing any potential cloud onthe title to said property andthat
the Town inno way attempts to affect the rights of any private party to oppose the
abandonment of assert any right resulting therefrom or existing previous toany
action by the Town.
L JkZkr^
SECOND XhuhJl^AL^.
COUNT JH^Q
w
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this 16th day of November 2000.
FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO:
Sharon Morgan,Mayor
Paul L.Nordin,Town Manager
Cassie B.Hansen,
Director of Administration/Town Clerk
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
Resolution No.2000 -52
Page 2 of 2
LOT 25
SCALE:r=40'
DATE:11-2-00
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505-B BLOCK 2 LOT 23
CM KIM DRIVE
CM
20.00*
EAST
EAST
LOT 17
LOT 22