HomeMy WebLinkAboutRes 2003-56RESOLUTION 2003-56
A RESOLUTION OF THE MAYOR AND 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 NORTHERLY LOT LINE OF LOT 7,BLOCK 1,OF PLAT 605D,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 164 OF MAPS,
PAGE 15,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council of theTown of Fountain Hills(the 'Town Council"),
asthegoverningbodyofrealpropertylocatedintheTown of Fountain Hills(the 'Town"),may
requirethededicationofpublicstreets,sewer,water,drainage,and other utilityeasementsorrights-
of-way within any proposed subdivision;and
WHEREAS,theTownCouncilhastheauthorityto accept orrejectoffersofdedicationof
private property by easement,deed,subdivision,plator other lawful means;and
WHEREAS,allpresentutility companies have received notification oftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SF.CTTON 1 That a portion of thecertainten(10)footpublicutilityanddrainage
easements,generallylocatedalongthe northerly lotline of Plat 605D,Block 1,Lot7,Fountain
Hills,as recorded in book 164 of maps,page 15 records of Maricopa County andmore particularly
described inF.xhihit A3 attached hereto and incorporated herein by reference,are hereby declared to
be abandoned bytheTown.Certain lotswithinthis subdivision are subject tolot-to-lotdrainage
runoff.The property owner ofLot7is required topassthe developed flows generated bythe
upstream lotsacrosstheirproperty.
SFCTTON 7 That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthepurposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe
Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyrightresultingtherefromor existing previoustoanyactionbytheTown.
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PASSED AND ADOPTED BY theMayorandCouncilofthe Town of Fountain Hills,
October 2,2003.
FOR THE FFOUNTAIN HILLS:ATTESTED TO:
Bevelyn J.Bender;Town ClerkW.J.Nichols,Mayo
APPROVED AS TO FORM:
Tim G.Pickering,Town Mam Andrew J.McGuire,Town Attorney
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LOT9
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LOT 42
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SCALE:,T=40'
DATE:,3-19-03
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605-D BLOCK 1 LOT 7
.OT 8
*w
LOT 14
&
ABANDON 10'
P.U.E &D.E.
BLOCK 1
LOT 7
LOT6
LOT 15
LOT5