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HomeMy WebLinkAboutres 2003-32\lti£nyjl^ RESOLUTION 2003-32 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 2,BLOCK 1,OF PLAT 603B,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 161 OF MAPS,PAGE 41,RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS,the Mayor andCouncil of the Town of Fountain Hills(the 'Town Council"), asthegoverningbody of real property locatedinthe Town of Fountain Hills(the 'Town"),may requirethededication of public streets,sewer,water,drainage,and other utility easements orrights- of-way withinany proposed subdivision;and WHEREAS,the Town Council hasthe authority to accept orrejectoffers of dedication of privatepropertyby easement,deed,subdivision,plator other lawfulmeans;and WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SF.CTTON 1 That aportion of thecertainten(10)foot public utilityand drainage easements,located along the southerly property lotline of Plat 603B,Block 1,Lot2,Fountain Hills,as recorded in book 161 of maps,page41 records of Maricopa County,andasmore particularly described inF.xhihit A,attached hereto and incorporated herein by reference,are hereby declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot drainagerunoff.The property owner of Lot2is required topassthe developed flows generated by the upstream lots across their property. SFCTTON ?..That this Resolution is one of abandonment and disclaimer bythe Town solelyforthe purpose of removing anypotential cloud onthetitletosaid property andthatthe Towninnoway attempts to affect therights of any private partyto oppose the abandonment or assertanyright resulting therefromorexisting previous toanyactionbytheTown. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-32,603B-I-2 EA2003-07.doc • PASSED AND ADOPTED BY the Mayor andCouncilofthe Town of Fountain Hills, July 1,2003. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: W.J.Nichols,Mayo M?iy) Bevelyn J.Bender/Town Clerk REVIEWED BY:APPROVED AS TO FORM: Tim G.Pickering,Town Manager •_a>-V Andrew J.McGuire,Town Attorney Resolution 2003-32,603B-1-2 EA2003-07.doc •w SCALE:1"=40' DATE:5-27-03 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603-B BLOCK 1 LOT 2