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HomeMy WebLinkAboutRes 2002-284 L When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2002-28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TWENTY (20')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINE AND RETAINING THE 10'PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTERLY PROPERTY LINE OF LOT 28,BLOCK 2,OF PLAT 505-D,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,PAGE 41, RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council of the Town of Fountain Hills,asthegoverningbody of realproperty located inthe Town of Fountain Hills,may require the dedication of public streets,sewer, water,drainage,and other utility easements orrights-of-waywithinany proposed subdivision;and WHEREAS,The Town Council ofthe Town of Fountain Hillshastheauthoritytoacceptorrejectoffers of dedication of private property by easement,deed,subdivision,plator other lawful means;and WHEREAS,All present utility companies have received notification of the proposed abandonment; NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1.Thataportion of thecertaintwenty(20)foot public utilityand drainage easements,located alongthe easterly propertylotlineofPlat505-D,Block2,Lot28,Fountain Hills,Arizona; asshownin Exhibit "A";asrecordedinbook158ofmaps,page41recordsof Maricopa County,Arizona;are hereby declared tobe abandoned bythe Town of Fountain Hills. Certainlotswithinthis subdivision are subject tolot-to-lot drainage runoff.Theproperty owners ofLot28arerequiredtopassthe developed flowsgeneratedbythe upstream lots across their property. SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town solely forthe purposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe Town in nowayattemptstoaffecttherightsofanyprivatepartyto oppose the abandonment or assertanyrightresulting therefrom or existing previous toanyactionbytheTown. Resolution 2002-28 Page 1 of 2 PASS/pAIL ION SECOND __ COUNT ~1 ~Q * PASSED AND ADOPTED this2ndday of July,2002. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS Cassie B.Hansen,Town Clerk REVIEWED BY: OUhJ: Jon Beydler,Mayor APPROVED/AS TO FORM: William E.Farrell,Town Attorney Resolution 2002-2! Page 2 of 2 PLAT 505-D \ BOOK 158 \ PAGE 14 LOT 27 %iP/V ^r OT 30 SCALE:r=40'/ DATE:5-22-02 / TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-D BLOCK 2 LOT 28 A=5615'03* R=45.00' L=44.18' / R; J 90.51' RETAIN 10' P.U.E.&D.E. BLOCK 2 LOT 28 ABANDON 20' P.U.E.&D.E.