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RESOLUTION 2003-66
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 NORTHERLY LOT LINE AND A PORTION
OF THE TEN (10')FOOT PUBLIC UTILITY EASEMENT ALONG THE
EASTERLY LOT LINE OF LOT 48,BLOCK 1,OF PLAT 505C,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,
PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council of the Town of Fountain Hills(the "Town Council"),
asthegoverningbodyofrealpropertylocatedinthe Town ofFountainHills(the "Town"),may
requirethe dedication of public streets,sewer,water,drainage,and other utility easements orrights-
of-waywithinany proposed subdivision;and
WHEREAS,the Town Council hasthe authority to accept orrejectoffersof dedication of
private property by easement,deed,subdivision,plator other lawfulmeans;and
WHEREAS,allpresentutility companies havereceivednotificationoftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HELLS,as follows:
•SF.CTTON 1.That portions of thecertain twenty (20)footpublicutilityanddrainage
easements,located along the northerly property lotlineanda portion oftheten(10)foot public
utilityeasementlocatedalongtheeasterlylotlineofPlat505C,Block1,Lot48,FountainHills,as
recordedin book 158 of maps,page42 records of Maricopa County,andasmore particularly
described in F.xhihit A,attached heretoand incorporated herein by reference,are hereby declaredto
be abandoned bythe Town.Certain lotswithinthis subdivision are subject to lot-to-lot drainage
runoff.Theproperty owner of Lot48isrequiredtopassthedevelopedflowsgeneratedbythe
upstream lots across their property.
SF.CTTON ?..That this Resolution is one of abandonment and disclaimer bythe Town
solelyforthepurposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe
Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyright resulting therefromor existing previous toanyactionbytheTown.
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Resolution 2003-66,505C-1-48 EA03-21.doc
A
PASSEDANDADOPTEDBY the Mayor and Council ofthe Town of Fountain Hills,
November 6,2003.
FOR THE TOWN^)F FOUNTAIN HILLS:ATTESTED TO:
W.J.Nichols,Mayor
4JUA&U )MllABevelynJ.Be/der,T^wn Clerk
REVIEWED BY:APPROVED AS TO FORM:
TimG.'Pickering,Town Manage W-Andrew J.McGuire,Town Attorney
Resolution 2003-66.505C-1-48 EA03-21.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505-C BLOCK 1 LOT 48