HomeMy WebLinkAboutRes 1992-31RESOLUTION 1992 -31
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THOSE CERTAIN
PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS
AFFECTING ALONG THE REAR LOT LINE AND ALONG THE WEST
LOT LINE OF LOT b, BLOCK 12, OF PLAT 204 FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10,
RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE
SOUTH TWENTY FEET OF THE EASEMENT ALONG THE WEST LOT
LINE AND DECLARING AN EMERGENCY.
WHEREAS, The Town Council of the Town of Fountain Hills as the governing 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 abutting property owners and present utility companies have received
notification of the 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 certain ten (10) foot public utility and drainage easement located
along the rear lot line and the five (5) foot public utility and drainage
easement located along the west lot line of Lot 6, Block 12, Plat 204
Fountain Hills, Arizona, as recorded in book 142 of maps, page 10 records
of Maricopa County, Arizona; except the south twenty feet of the
easement along the west lot line is hereby declared to be abandoned by
the Town of Fountain Hills,
Resolution 1992 -31
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SECTION 2. 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
therefrom or existing previous to any action by the Town.
SECTION 3. Whereas the public peace, health and safety of the Town is and may be
placed at issue by the town's acceptance and maintenance of unneeded
public utility and drainage easements described herein, an emergency is
declared to exist and the public welfare of the town and Its citizens are
being served by the immediate adoption of this resolution upon the
affirmative vote of three - fourths of all the elected members of the Town
Council and the Mayor and as such Is exempt from the provisions of
referendum.
PASSED AND ADOPTED this lst day of October, 1992.
• •. •• •. 1.
VW RBY:
Paul L . Nordin
Town Manager
ATTEST:
Cassie B. Hansen
Town Clerk
APPROVED AS TO FORM:
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William E. Farrell
Town Attorney
Resolution 1992 -31
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