HomeMy WebLinkAboutRes 2001-03Vhen recorded,return to:
ngineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
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RESOLUTION 2001-03
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 TEN (10')FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTERHLY LOT LINE OF
LOT 39,BLOCK 1,OF PLAT 603-B,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 161 OF MAPS,PAGE 41,RECORDS OF MARICOPA
COUNTY,ARIZONA.
WHEREAS,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
WHEREAS,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
MEREAS,All present utility companies have received notification of the proposed
abandonment;
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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 property lot line of Plat 603-B,Block 1,of Lot39,Fountain Hills,Arizona;
as shown inExhibit"A";as recorded in book 161 of maps,page 41 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 owner of Lot 39 is 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 2001-03
Page 1 of 2 PASS/FAIL 1~\k-Q]
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SECOND TV^it^H
COUNT "1-0
'ASSED AND ADOPTED this 18 day of January 2001.
ATTEST:
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Cassie B.Hansen,Town Clerk
REVIEWED BY:
Paul L.Nordin,Town Manager
FOR THBTOWN OF FOUNTAIN HILLS
(MO
Sharon Morgan,Mayo
APPROVED AS TO FORM
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William E.Farrell,Town Attorney
Resolution 2001-03
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
603B BLOCK 1 LOT 39
10'PUBLIC UTILITY &
DRAINAGE EASEMENT
ABANDONED Atf ££•
Atf .o.e:&c 0.
LOT 40
LA
O
\\1$^oo"£
LOT 39
LA
Atf
Q.
O
&c 0
.0^-8c o£-
LOT 38
80 .00'
,'00"£v Iftf*6•30'
SCALE:1"=30
DATE:1-8-01