HomeMy WebLinkAboutRes 2001-11When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2001-11
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 NORTHERLY LOT LINE OF LOT 29,BLOCK
3,OF PLAT 506-A,FOUNTAIN HILLS,ARIZONA,AS RECORED IN BOOK 159 OF
MAPS,PAGE 3,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS.The Town Council of the Town of Fountain Hills,asthe governing bodyofreal
property located inthe 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.TheTownCounciloftheTownofFountainHillshastheauthoritytoacceptor
rejectoffers of dedication ofprivate property byeasement,deed,subdivision,plat
or other lawful means,and
WHEREAS.Allpresentutilitycompanieshavereceivednotificationoftheproposed
abandonment.
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.That a portion of the certain ten(10)foot public utility and drainage easements,
located along the northerly property lotline of Plat 506-A,Block 3,of Lot29,
Fountain Hills,Arizona;as shown in Exhibit "A";as recorded in book 159 of
maps,page 30 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 owner of Lot 29is required to
pass the developed flows generated bythe upstream lots across their property.
SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town solely for
the purpose of removing any potential cloud onthetitleto 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.
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PASSED AND ADOPTED BY theMayorandCommonCounciloftheTownofFountainHills,
Arizona,this15thday of March 2001.
FORT OF FOUNTAIN HILLS ATTESTED TO:
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Cassie B.Hansen,
Director of Administration/Town Clerk
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
Resolution No.2001 -11
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506-A BLOCK 3 LOT 29
ABANDON 10'PUBLIC
UTILITY EASEMENT,
RETAIN 10'DRAINAGE
EASEMENT
RETAIN 20'OF THE
10'WIDE PUBLIC
UTILITY AND DRAINAGE-i
EASEMENT
A=05*Q5'35
L=20.00'
R=225.00\^
SCALE:r=40'
DATE:2-22-01
7 A=90'00'00"
L=31.42'
R=20.00*
LOT 28