HomeMy WebLinkAboutres 2004-52 a
RESOLUTION 2004-52
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
NORTHEASTERLY LOT LINE OF LOT 28, BLOCK 3, PLAT 605C,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS,
PAGE 14,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 and drainage easements, located
along the northeasterly property line of Plat 605C, Block 3, Lot 28, Fountain Hills, as recorded in
book 164 of maps, page 14 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. Certain lots within this subdivision are subject to lot-to-lot drainage
runoff. The property owner of Lot 28 is required to pass the developed flows generated by the
upstream lots across their property.
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 2004-52,605C-3-28 EA04-22.doc
1
PASSED AND ADOPT D BY the Mayor and Council of the Town of Fountain Hills,
November 4, 2004.
FOR THE TOW F TAIN HIL : ATTESTED TO:
W. J. Nichols, yor Bevelyn J. B der, own Clerk
REVIEWED B,JY: AP OVED AS TO FORM:
( t.
Timothy G. Pickering, Town Mir An r w J. McGuire, Town Attorney
L
L
Resolution 2004-52,605C-3-28 EA04-22.doc
2
J
. TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
(kw EXHIBIT "A"
PLAT 605C BLOCK 3 LOT 28
\ /
.
/� \
_OI 8 /' ,\
P�/, L0� 1
.
/ a
/, _C� 2
.
,
/ .
.
,
_O 29 .` ti
,oo, \Qoo,a,
0 0
I1 9, ABANDON 10� I
N
P.U.E & D.E.
\, BLOCK 3 \`'�
\ LOT 28 c Q..° \ \\
o
\Ci,</� Qt.) °o \ o
\o .
N \. m
W AliAt% E �, ,;sag ,
k ROD?s pane L.
illw S
0 20' 40' / yk�dOP�k,
mom
miiimi
SCALE: 1' 40' f /
DATE: 10-1-04 Off \ f a')