HomeMy WebLinkAboutRes 2004-47 RESOLUTION NO. 2004-47
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, CORRECTING ERRORS IN RESOLUTION
2004-42, PASSED AND ADOPTED ON AUGUST 19, 2004, ABANDONING A
PORTION OF A PUBLIC UTILITY AND DRAINAGE EASEMENT.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council")
passed Resolution 2004-42 on August 19, 2004, approving an intergovernmental agreement with
the Fort McDowell Yavapai Nation for Proposition 202 funding for the Fountain Hills Chamber of
Commerce Tourism Bureau ("Resolution 2004-42"); and
WHEREAS, the Town Council adopted another resolution on August 19, 2004, also
designated as Resolution No. 2004-42, abandoning a portion of a public utility and drainage
easement(the"Second Resolution"); and
WHEREAS, the Second Resolution described the area to be abandoned as located along
the easterly property lot lines of Plat 111, Block 5, Lot 2, Fountain Hills, and it should have
described the area to be abandoned as located along the westerly property lot lines of Plat 111,
Block 5,Lot 2,Fountain Hills; and
WHEREAS, the Town Council desires to (i) correct the scrivener's error in the Second
Resolution and (ii) correct the Second Resolution number in the official records of the Town of
Fountain Hills (the`Town").
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1, That the Second Resolution, passed and adopted by the Town Council on
August 19, 2004, abandoning a portion of a public utility and drainage easement, is hereby
designated as 2004-42A in the official records of the Town.
SECTION 2. That a portion of the certain ten (10) foot public utility and drainage
easement, located along the westerly 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, is hereby declared to
be abandoned by the Town of Fountain Hills, except that a ten (10) foot sewer easement will be
retained, as more particularly described in Exhibit A. 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 Lot 2.
SECTION That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps necessary
to carry out the purpose and intent of this Resolution.
9196.001\...\2004-47 Abandon.correct.v2.res.doc
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• PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, September 16, 2004.
FOR THE TOWN OUNTAIN HILLS: ATTESTED TO:
W. J. Nich s, Mayor - Bevelyn J. nd , Town Clerk
REVIE Y: APP OVED AS TO FORM:
Timothy G. Pickerin ow anager Andrew J. McGuire, own Attorney
C
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
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DATE: 7-19-04 �� y