HomeMy WebLinkAboutRes 2004-42A RESOLUTION 2004-42r,2-
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 AND DRAINAGE EASEMENTS ALONG THE
EASTERLY LOT LINES OF LOT 2, BLOCK 5, OF PLAT 111, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12,
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
L TOWN OF FOUNTAIN HILLS, as follows:
SECTION l.. That the certain ten (10) foot public utility and drainage easements, located
along the easterly property lot lines of Plat 111, Block 5, Lot 2, Fountain Hills, as recorded in book
150 of maps, page 12 records of Maricopa County, and as more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the
Town, except that a ten (10) foot sewer easement will be retained. Certain lots within this
subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 2 is required to pass
the developed flows generated by the upstream lots across their property.
SECTION 2.. 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 2004-42, 111-5-2 EA04-13.doc
1
PASSED AND ADOPT D BY the Mayor and Council of the Town of Fountain Hills,
August 19, 2004.
FOR THE T ' OF UNTAIN HILLS: ATTESTED TO:
\ _. (_....4.,".
&ALI/31 ..IeA_
W. J. Nicho , ayor Bevelyn J. Beq. er, wn Clerk
REVIEWED BY: ....--- ) APP OVED AS TO FORM:
.„,..,----/ , _,,,---
7 (
Timothy G. Pickering, Town Manager An rew J. McGuire, Town Attorney
L
Resolution 2004-42, 111-5-2 EA04-13.doc
2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
4110, EXHIBIT "A"
PLAT 111 BLOCK 5 LOT 2
'
\
/ (<, \ ,
\-- \,
/
/ PLAT 104
0 \
• P- \
_0— 4
- . •
0, \.
PLAT 104 0
BLOC< 11
/
\\\\\\ \\\ 111 \
i 4,
1 `ZSb
%°b
/// IP
/
\\\<\
Nr!RAGE / I \
CONDOMINIUMS / o O
/ 43()Q.91,1)' ABANDON 10' DRAINAG ' .SEMENT & \\
... 2 6 Ix ,\. 1,
/ N v PUBLIC UTILITY EASE 'NT
,,.. ./' ‘4.
/ I J,I . RETAIN 10' SEWER , • SEMENT
-,. / I
-,,
-,, \
I I \
-, --- // BLOCK 5
I
.. ,....
-,„
.... LOT 2 \
,. .,
.0 go
\ \ tw
Ix N
l z \
\
N' le
L0— 1 S \
\
\\ Dts). \
\
,
N _0—,
4
„..,....
R.,,,.,,,, 0 HAI 6:51. • . ), '•
I MM ,
-
c
, N u
SCALE: 1" ,..,...
,... ,....,s,
4.
.,1\t \
- 40'
DATE: 7-19-04i . RI