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HomeMy WebLinkAboutRes 2002-40When recorded,return to: PublicWorksDepartment Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2002-40 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THENORTHERLYLOTLINEOFLOT 23,BLOCK3,OFPLAT 603C, FOUNTAIN HILLS,ARIZONA,AS RECORDED INBOOK 161 OF MAPS, PAGE43,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council of the Town of Fountain Hills,as the goveming 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,The Town Council of the Town ofFountain Hills has the 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 of the proposed abandonment; NOW THEREFORE,beit 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 northerly property line ofPlat 603C,Block 3,Lot23,Fountain Hills,Arizona;as shown in Exhibit "A";as recorded in book 161 of maps,page 43 records of Maricopa County,Arizona;are hereby declared tobe abandoned bythe Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owners ofLot23are required to pass the developed flows generated by the upstream lots acrosstheirproperty. SECTION 2.That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud onthetitletosaid property and that the Town in noway attempts toaffecttherightsofanyprivatepartytoopposethe abandonment or assert any right resulting there from or existing previous toany action bythe Town. Resolution 2002-40 Page 1 of 2 PASSED AND ADOPTED this 3rd day of October 2002. ATTEST:FOR THE TOWN OF FOUNTAIN FULLS Timothy G.Pickering,CEcD,TownManager AndrewMcGuire,TownAttorney \ Resolution 2002-40 Page 2 of 2 T O W N O F F O U N T A I N H I L L S E A S E M E N T A B A N D O N M E N T E X H I B I T " A " PL A T 6 0 3 C BL O C K 3 LO T 2 3 / 1 PL A T 60 3 C / t i B O O K 16 1 ' i i i PA G E 4 3 / \ o " i / i i i