HomeMy WebLinkAboutRes 2008-3614
RESOLUTION 2008 -36
A RESOLUTION 2008 -36 OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS AT THE SOUTHERLY AND EASTERLY PROPERTY LINES OF PLAT
604D, Block 6, Lot 6, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 277,
PAGE 46, RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council "), as the
governing body of real property located in the Town of Fountain Hills (the 'Town"), 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 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, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain ten foot (10') public utility and drainage easements, located at the
southerly and easterly property line of Plat 604D, Block 6, Lot 6, Fountain Hills, as recorded in Book 277,
Page 46, Records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and
incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within
this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the
f developed flows generated by the upstream lots across their property.
SECTION 2. That this RESOLUTION 2008 -36 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.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October
16, 2008.
FOR THE TOW F FOUNTAIN HILLS: ATTESTED TO:
4,lu &4aa&2( &�-
ay T Schlum, Mayor Bevelyn J. Ben r, T n Clerk
REVIEWED BY:
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Richard L. Davis, Ton anager
A PRO AS TO FORM:
And J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A'1
PLAT 604D BLOCK 6 LOT 6
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DATE: 9- 12 -08�