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HomeMy WebLinkAboutRes 2001-04Vhen recorded,return to: .ngineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-04 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 SOUTHERLY LOT LINE OF LOT 17,BLOCK 4,OF PLAT 212,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 141OF MAPS,PAGE 17,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 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 ten (10)foot public utility and drainage easements,located along the southerly property lot line of Plat 212,Block 4,of Lot 17,Fountain Hills,Arizona; as shown inExhibit"A";as recorded in book 141 of maps,page 17 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 17 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 2001-04 Page 1 of 2 SECOND COUNT i~-0 ASSED AND ADOPTED this 18th day of January 2001. ATTEST:FOR T^E TOWN OF FOUNTAIN HILLS [jbA&^sJj /^l^wyw—-> Cassie B.Hansen,Town Clerk Sharon Morgan,May^or APPROVED AS TO FORM: William E.Farrell,Town Attorney Resolution 2001-04 Page 2 of 2 EASEMENT ABANDONMENT EXHIBIT "A" 212 BLOCK 4 LOT 17 °XPORD £>:^/4*02'15 '28' 00' *y X *0 CO Q>' *0 r= ^79 2030. 99; LOT 16 Q^o W' >U.£*0 £ °^0 LOT 17 PUBLICUTILITY&cc DRAINAGE EASEMENT ABANDONED 4=:06'31 :820. '43' 93. 00' 44' uj<Ci to o CD LOT 18 fto 19LP.U.E.&D.E. SCALE:1"=30 DATE:1-8-01 £l *»„O O IT)