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HomeMy WebLinkAboutRes 2001-15When recorded,return to: Qngineering Department own of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST ITHASINA PORTION OFTHE CERTAIN TEN (10')FOOTPUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINES OF LOTS 15&16,BLOCK 3,OF PLAT 601-A,FOUNTAINHILLS,ARIZONA,AS RECORDED IN BOOK 161OF MAPS,PAGE 44,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,TheTown Council of the Townof Fountain Hills,as the governing body ofreal property located in the Townof Fountain Hills,may require the dedication of public streets,sewer,water,drainage,and other utility easements orrights-of-waywithin any proposed subdivision;and WHEREAS,TheTown Council of the Townof Fountain Hills has the authority to accept or reject offersof dedication of private property by easement deed,subdivision,plat or other lawful means;and (VHEREAS,All present utility companies have received notification of the proposed w 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 westerly property lot lines of Plat 601-A,Block 3,of Lots15&16,Fountain Hills, Arizona;as shown in Exhibit WA";as recorded in book 161 of maps,page 44 records of Maricopa County,Arizona;are hereby declared to be abandoned by the Town of Fountain Hills.Certain lotswithinthissubdivision are subject to lot-to-lot drainage runoff.The property owners ofLots15&16 are 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 Townsolelyfor the purpose of removing any potential cloud on the title to said property and that the Townin no way attempts to affect the rightsof any private party to oppose the abandonment or assert any right resulting therefrom orexisting previous to any action by the Town. Resolution 2001-15 Page 1 of 2 (pass/Vail _V-^-0 ' MOTION Fnxo c\ck second £*-1qK^ 1COUNT PASSED AND ADOPTED this 5m day of April 2001. c ATTEST: \JtAA*^^Ju /^1jiavu_^- Cassie B.Hansen,Town Clerk \mjij|gjii/ XiSsBiJ' FOR THE TOWN OF/FOUNTAIN HILLS APPROVED-AS TO FORM: cf William E.Farrell,Town Attorney ' Resolution 2001-15 Page 2 of 2 \ii^it/ LOT 23 \ c TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 601-A BLOCK 3 LOT 15 &16 SCALE: DATE: