HomeMy WebLinkAboutRes 2003-58c
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RESOLUTION 2003-58
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 TWENTY (20')FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE NORTHEASTERLY LOT LINE OF LOT 26,
BLOCK 9,OF PLAT 111,FOUNTAIN HILLS,ARIZONA,AS RECORDED
IN BOOK 150OF MAPS,PAGE 12,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,theMayorandCounciloftheTownofFountainHills(the"TownCouncil"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the"Town"),may
requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights-
of-waywithinany proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof
private property by 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 HELLS,as follows:
SF.CTTON 1Thataportionofthecertaintwenty(20)footpublicutilityanddrainage
easements,located along the northeasterly property lotline of Plat 111,Block 9,Lot26,Fountain
Hills,as recorded in book 150 of maps,page12 records of Maricopa County,andas more
particularly described inF.xhihitA,attached hereto and incorporated hereinby reference,are hereby
declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot
drainagerunoff.The property owner of Lot26is required topassthe developed flows generated by
the upstream lots across their property.
SHCTTON 2,That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthe purpose of removing any potential cloud onthetitletosaid property andthatthe
Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or
assertanyright resulting therefromor existing previous toanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-58,111-9-26 EA03-17.doc
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
October 2,2003.
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FOR THE TOWWOF FOUNTAIN HILLS:ATTESTED TO:
W.J.Nichols,Mayor
REVIEWED
Tim G.Pickering,Town Manager
Resolution 2003-58.111-9-26 EA03-17.doc
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Bevelyn J.Bender,Town Clerk
APPROVED AS TO FORM:
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Andrew J.McGuire,Town Attorney
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 111 BLOCK 9 LOT 26