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HomeMy WebLinkAboutRes 2002-42When recorded,return to: (Public Works Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2002-42 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 NORTHERLY LOT LINEOF LOT 32,BLOCK 2,OF PLAT 602B, FOUNTAIN HILLS,ARIZONA,ASRECORDEDIN BOOK 166OFMAPS, PAGE 32,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,The Town Council of the Town of Fountain Hills,as the governing body of real property located intheTownof 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 ofthe Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement,deed,subdivision,platorother lawful means;and (,WHEREAS,All present utility companies have received notification of the proposed abandonment; NOW THEREFORE,beit resolved bytheMayorand Common Council ofthe Town of Fountain Hills, Arizona as follows: SECTION 1.That a portion ofthe certain ten (10)foot public utility and drainage easements,located alongthenortherlypropertylotlineofPlat602B,Block2,Lot32,FountainHills,Arizona; as shown in Exhibit "A";as recorded in book 166 of maps,page 32 records of Maricopa County,Arizona;areherebydeclaredtobeabandonedbytheTownofFountainHills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner ofLot32is required topassthe developed flows generated bythe upstream lots across their property. SECTION 2.That this Resolution isoneof abandonment and disclaimer bythe Town solely forthe purposeofremovingany potential cloudonthetitletosaidpropertyandthattheTownin nowayattemptstoaffecttherightsofanyprivatepartytoopposethe abandonment or assertanyrightresultingtherefromorexistingprevioustoanyactionbytheTown. Resolution 2002-42 Page 1 of 2 >%^/ PASSED AND ADOPTED this 17th day of October 2002. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS Cassie B.Hansen,Town Clerk REVIEWED BY: X-H=i-^/>Z77 .-——"•*W W Timothy G.Pickering,CEcD,Town Manager Andrew McGuire,Town Attorney /jb Resolution 2002-42 Page 2 of 2 PLAT 602B-2-32 BOOK 166 PAGE 32 LOT 26 PARCEL "B' LOT 33 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 602B BLOCK2LOT 32 or o o o in LOT 27 RETAIN P.U.E 8c D.E. EAST 105'- 84'- ABANDON 5' P.U.E.8c D.E. BLOCK 2 LOT 32 EAST 105.00' JERICO DRIVE O z o o m* T LOT31 m CN cr