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HomeMy WebLinkAboutRes 2002-43When recorded,return to: PublicWorks Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2002-43 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 SOUTHERLY LOT LINE OF LOT 25,BLOCK 4,OF PLAT 605A, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155OFMAPS, PAGE 21,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,andother 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,plator other lawful means;and L,WHEREAS,All present utility companies have received notification of the proposed abandonment; NOW THEREFORE,beitresolvedbytheMayorand Common CounciloftheTownofFountainHills, Arizona as follows: SECTION 1.Thata portion ofthecertainten(10)footpublic utility and drainage easements,located alongthesoutherlypropertylotlineofPlat605A,Block4,Lot25,FountainHills,Arizona; as shown inExhibit"A";as recorded inbook 155 of maps,page21 records of Maricopa County,Arizona;areherebydeclaredtobeabandonedbytheTownofFountainHills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner ofLot25is required topassthe developed flows generated bythe upstream lots across their property. SECTION 2.Thatthis Resolution isoneof abandonment and disclaimer bythe Town solely forthe purposeofremovinganypotentialcloudonthetitletosaidpropertyandthattheTownin nowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor assertanyrightresultingtherefromorexistingprevioustoanyactionbytheTown. Resolution 2002-43 Page 1 of 2 PASSED AND ADOPTED this 7th day of November 2002. ATTEST:FOR THE TOWN OF FOUNTAIN HILLS Cassie B.Hansen,Town Clerk REVIEWED BY:_ TimothyG.Pickering,CEcDTown Manager AndrewMcGuire,Town Attorney Resolution 2002-43 Page 2 of 2 /f^LAtxeosA DOCKET 10167 PAGE 23--T24 SCALE:r=40' DATE:10-3-02 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605A BLOCK 4 LOT 25