HomeMy WebLinkAboutRes 2002-34When recorded,return to:
Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-34
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
TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG
THE NORTHEAST AND NORTHWEST LOT LINES OF LOT 36,BLOCK 1,
OF PLAT 505D,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,asthe governing body of realproperty
locatedinthe 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,The Town Council of the Town of Fountain Hills hasthe authority to accept or reject offers
of dedication of private property by easement,deed,subdivision,plat or other lawful
means;and
WHEREAS,All present utility companies have received notification ofthe proposed abandonment;
NOW THEREFORE,beit resolved bythe Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1.Thataportionofthecertainten(10)footpublicutilityand drainage easements,located
alongthe northeast and northwest property lotlines of Plat505D,Block 1,Lot36,Fountain
Hills,Arizona;asshownin Exhibit "A";asrecordedinbook158 of maps,page41records
ofMaricopaCounty,Arizona;areherebydeclaredtobeabandonedbytheTownof
Fountain Hills.Certainlotswithinthis subdivision are subject tolot-to-lot drainage runoff.
The property owners ofLot36are required topassthe developed flows generated bythe
upstream lotsacrosstheirproperty.
SECTION 2.That this Resolution isone of abandonment and disclaimer bythe Town solelyforthe
purposeofremovinganypotentialcloudonthetitletosaidpropertyandthattheTownin
nowayattemptstoaffecttherightsofanyprivatepartytoopposethe abandonment or
assertanyright resulting therefromor existing previous toanyactionbytheTown.
Resolution 2002-34
Page 1 of 2
3^ail .fr-75"-o:l
MOTION -jQj-AA^^kx...If
SECOND —BaJph^
COUNT _J2rO___
PASSEDANDADOPTED this 15m day of August 2002.
ATTEST:FOR THE TOWN OF FOUNTAIN FULLS
jJLA*Aa-
Cassie B.Hansen,Town Clerk
REVIEWED BY:
C-/-U--^-v
Interim Town
/
vn Manager {/William E.Farrell,Town Attorney
Resolution 2002-34
Page 2 of 2
<*
PLAT 505D
BOOK 158
PAGE Ay
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505D BLOCK 1LOT 36