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HomeMy WebLinkAboutRes 2003-22RESOLUTION 2003-22 A RESOLUTION OFTHE MAYOR ANDCOUNCILOFTHE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN TEN (10')FOOTPUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 6,BLOCK 1,OF PLAT 506B, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 159 OF MAPS, PAGE3,RECORDSOF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor and Council of the Town ofFountain 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-waywithinanyproposedsubdivision;and WHEREAS,the Town Council has the authority to accept or reject offers of dedication of private property by easement,deed,subdivision,plator other lawful means;and WHEREAS,all present utility companies have received notification of the proposed abandonment. NOW THEREFORE,BEIT RESOLVED BY THE MAYOR AND COUNCIL OFTHE TOWN OF FOUNTAIN HILLS,asfollows: SECTION 1.That a portion of the certain ten (10)foot public utility and drainage easements,located along the northerly property lot line,except for the westerly 10 feet thereof;of Plat 506B,Block 1,Lot 6,Fountain Hills,as recorded in book 159 of maps,page 3 records of Maricopa County and more particularly described in Exhihit A attached hereto and incorporated herein by reference,are hereby declared tobe abandoned by the Town.Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner ofLot 6 is required to pass the developed flows generated by the upstream lots across their property. SECTION ?..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 inno way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous toany action bythe Town. [SIGNATURESONFOLLOWINGPAGE] 9196.00l\Resoluiions\2003-22 PUE aband.res 5-29-03 • PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills June 5,2003. FOR THE TOWN OFXOUNTAIN HILLS: REVIEWED BY: c^/ TimG.Pickering,TownManager 9196.00 l\Resolutions\2003-22 PUE aband.res 5-29-03 ATTESTED TO: UAMA BevelynJ.Beijoer/fown Clerk APPROVED AS TO FORM: 'C ^VAndrewJ.McGuire,Town Attorney c LOT7 LOT13 N E S SCALE:1"=40' DATE:5-5-03 TOWNOFFOUNTAINHILLS EASEMENTABANDONMENT EXHIBIT"A" PLAT506-BBLOCK1LOT6