HomeMy WebLinkAboutRes 1993-11RESOLUTION 1993 -11
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 AND WEST LOT LINE OF LOT 3,
BLOCK 4, OF PLAT 505 -A FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF
MARICOPA COUNTY, ARIZONA; 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 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 west lot line and the twenty (20) foot public utility and drainage
easement located along the rear lot line of Lot 3, Block 4, Plat 505 -A
Fountain Hills, Arizona, as recorded In book 158 of maps, page 40 records
of Maricopa County, Arizona; is hereby declared to be abandoned by the
Town of Fountain Hills.
Resolution 1993 -11
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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 18th day of March, 1993.
FOR HE W N OF FOUNTAIN HILLS:
Joty6 M. Cutillo, rAay6r
lr/
;t'n 1
Paul K Nordin
Town Manager
ATTEST:
Cassie B. Hansen
Town Clerk
APPAPP O�D AS TO FORAS TO FOR
I lam E. Farrell
Town Attorney
Resolution 1993 -11
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