HomeMy WebLinkAboutRes 2002-41When recorded,return to:
PublicWorksDepartment
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2002-41
A RESOLUTION OFTHEMAYOR AND COMMON COUNCIL OF THE
TOWNOF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OFTHE CERTAIN
TEN (100 FOOT PUBLIC UTILITYAND DRAINAGE EASEMENTS ALONG
THE WESTERLY AND NORTHERLY LOT LINES OF LOT 30,BLOCK 8
OFPLAT 206,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 147
OF MAPS,PAGE 2,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 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
WHEREAS,All present utility companies have received notification ofthe 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 westerly and northerly property lot lines,of plat 206,Block 8,Lot 30,Fountain
Hills,Arizona;as shown in Exhibit "A";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.The easterly 20'of the northerly 10'public utility and drainage easement
will be retained for existing and potential future utility boxes.Certain lots within this
subdivision are subject to lot-to-lot drainage runoff.The property owners of Lot 30 are
required to pass the developed flows generated by the upstream lots across their property.
SECTION 2 That the property owner's of Lot 30 shall not use,nor allow to be used,the abandoned area
for regular vehicular access or parking.
SECTION 3.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 there from or existing previous to any action by the Town.
Resolution 2002-41
Page 1 of 2
PASSED AND ADOPTED this 17th day of October 2002.
ATTEST:
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Cassie B.Hansen,Town Clerk
FOR THE TOWN OF FOUNTAIN HILLSNHILLS
REVIEWED BY:TO FORM:
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TimothyG.Pickering,CEcD,TownManager
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Andrew McQuire,TownAttorney
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Resolution 2002-41
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 206 BLOCK 8 LOT 30