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HomeMy WebLinkAboutRes 2001-40,When recorded return to: (ingineering Department ^"Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 WHEREAS, WHEREAS, RESOLUTION 2001-40 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INAPORTIONOFTHE CERTAIN TEN (10')FOOTPUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY AND EASTERLY LOT LINES OF LOT 12,BLOCK 3,OF PLAT 206,FOUNTAINHILLS, ARIZONA,AS RECORDED IN BOOK 147 OF MAPS,PAGE 2,RECORDS OF MARICOPA COUNTY,ARIZONA. 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 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 southerly and easterly property lot lines of Plat 206,Block 3,Lot 12,Fountain Hills,Arizona;as shown inExhibit XXA";as recorded in book 147 of maps, page 2 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 12 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 2001-40 Page 1 of 2 MASSED AND ADOPTED this 2 day of August 2001. ATTEST: /A/kL<-A~ Cassie B.Hansen,Town Clerk REVIEWEQ.BY AND APPROVED AS TO FORM: liam E.Farrell, Acting Town Manager/Town Attorney FOR THE TOWN OF FOUNTAIN HILLS Sharon Morgan,Mayo C Resolution 2001 Page 2 of 2 NmaB^ TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 206 BLOCK 3 LOT 12