HomeMy WebLinkAboutRes 2001-48/-When recorded return to:
^Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2001-48
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAINHILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR
INTEREST ITHASINAPORTIONOFTHE CERTAIN TEN (10')FOOTPUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF
LOT 6,BLOCK 5,OF PLAT 603C,FOUNTAIN HILLS,ARIZONA,AS RECORDED
IN BOOK 161OF MAPS,PAGE 43,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,TheTown Council of the Townof 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 southerly property lotline of Plat 603C,Block 5,Lot6,Fountain
Hills,Arizona;as shown inExhibit ttA";as recorded in book 161 of maps,page 43
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 owner of Lot6is 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 2001-48
Page 1 of 2
°ASSED AND ADOPTED this 1st day of November 2001,
m
ATTEST:FOR THE TOWN OF FOUNTAIN HILLS
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Cassie B.Hansen,Town Clerk
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aron Morgan,Mayor
REVIEWED BY AND APPROVED AS TO FORM:
/illiam E.Farrell,
Acting Town Manager/Town Attorney
Resolution 2001-48
Page 2 of 2
PLAT 603C
BOOK 461
PAGE 4>-
4
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603C BLOCK 5 LOT 6
LOT5
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BLOCK 5
LOT 6 */
ABANDON 10'
P.U.E.&D.E.LOT7
LOT 18
SCALE:f's=40'
DATE:10-16-(3l\
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LOT 17
LOT 16
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15545
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LOT
LOT 31
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