HomeMy WebLinkAboutRes 2001-22When recorded,return to:
^Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2001-22
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS IN APORTIONOFTHE CERTAIN TEN (10')FOOTPUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINE OF
LOT68,BLOCK 2,OF PLAT 428,FOUNTAIN HILLS,ARIZONA,AS RECORDED
IN BOOK155OFMAPS,PAGE19,RECORDS OFMARICOPACOUNTY,
ARIZONA.
WHEREAS,TheTown Council of the Townof Fountain Hills,as the governing body of real
property located in the Townof 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,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
HEREAS,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 easterly property lot line of Plat 428,Block 2,Lot 68,Fountain Hills,Arizona;as
shown inExhibit ttA";as recorded in book 155 of maps,page 19 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 owner of Lot68is 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 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 2001-22
Page 1 of 2
MASSED AND ADOPTED this 17h day ofMay 2001.
L
ATTEST:
LMAia^X/j<Si~^vA^/
Cassie B.Hansen,Town Clerk
in,Town Manager
FOR THE TOWN OF FOUNTAIN HILLS
APPROVED ASTO FORM:
William E.Farrell,Town Attorney
Resolution 2001-22
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 428 BLOCK 2 LOT 68
SCALE:1"=50'
DATE:5-1-01