HomeMy WebLinkAboutRes 2001-35When recorded,return to:
.ngineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2001 -35
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST IT HAS INA PORTION OFTHE CERTAIN TEN (10')FOOTPUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY LOT
LINEOF LOT 11,BLOCK 1,OF PLAT 505-C,FOUNTAINHILLS,ARIZONA,AS
RECORDED IN BOOK 158 OF MAPS,PAGE 42,RECORDS OF MARICOPA
COUNTY,ARIZONA.
WHEREAS,TheTown 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,TheTown 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
./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 a portion of the certain ten (10)foot public utility and drainage easements,
located along the northeasterly property lot line of Plat 505-C,Block 1,Lot 11,
Fountain Hills,Arizona;as shown inExhibit"A";as recorded in book 158 of maps,
page 42 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 owners of Lot 11 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 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 2001-35
Page 1 of 2
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°ASSED AND ADOPTED this 5 day of July 2001.
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ATTEST:
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Cassie B.Hansen,Town Clerk
REVIEWED BY
Paul L NuiUin,Town Manager
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FOR,THE TOWN OF FOUNTAIN HILLS
APPROVED AS TO FORM:
William E.Farrell,Town Attorney
Resolution 2001-35
Page 2 of 2
PLAT 505C
BOOK 158
PAGE 42
J°^OF FOUNTAIN HILLS
EASEMENT ABANDONMENTEXHIBIT"A"
^LAT 505C BLOCK 1 LOT 11