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HomeMy WebLinkAboutRes 2004-22 RESOLUTION 2004-22 lbw A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 29 BLOCK 2, OF PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain 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-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision,plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain ten (10) foot public utility easement, located along the northerly property lot line of Plat 603C, Block 2,Lot 29, Fountain Hills, as recorded in book 161 of maps, page 43 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the Town. ,SECTION 7.. 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 in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] L Resolution 2004-22,603C-2-29 EA04-05.doc 1 May 6,PASS2004.ED AND ADO ED BY the Mayor and Council of the Town of Fountain Hills, FOR T FOUNTAIN HI ATTESTED TO: W. . Nichols, ayor Bevelyn J. Be er, To)kn Clerk REVIEWED Y: APP VED AS TO FORM: • Tim . Pickering, Town Manager Andrew J. McGuire,Town Attorney L L Resolution 2004-22,603C-2-29 EA04-05.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" Le PLAT 603C BLOCK 2 LOT 29 ' O ilf ' 0 ' 0 " 66. W o // a000•. 4 s 1. ). -444/4, /I' LOT 30 •4` ABANDON 10� Q•,,�`- P.U.E & D.E. �Qhv. 0� icy 2 BLOCK 2 4, .. LOT 29 a•,,€. ,, , _ d � LOT 28 R o4., \yo`C LOT 3 ��\R ,•�►� LOT 4 ' 4�`¢,e;,%.,rt o,,c\. w `11 V�)�� RAt! L. 0 NARIZE.E AS );'°8/-,,,,.'..41...l : SCALE: Y - 40' LOT 5 I (i DATE: 3-31-04 V