HomeMy WebLinkAboutRes 2004-53 Liv RESOLUTION 2004-53
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 TWENTY (20')
FOOT PUBLIC UTILITY EASEMENT ALONG PORTIONS OF THE
EASTERLY LOT LINE OF LOT 4, BLOCK 1, OF PLAT 411, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 30,
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 HELLS, as follows:
SECTION 1. That portions of the certain twenty (20) foot public utility easement, located
along the easterly property lot line of Plat 411, Block 1, Lot 4, Fountain Hills, as recorded in book
149 of maps, page 30 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 4 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.
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CIF
Resolution 2004-53,411-1-4 EAO4-18.doc
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 4, 2004.
FOR THE TOWNiF FOUNTAIN HILLS: ATTESTED TO:
4,cie dve-
W. J. Ni o s, MayoL Bevelyn J. B der own Clerk
REVIEWED BY} ! APP OVED AS TO FORM:
C. -
J\
Timothy G. Pickering, Towles/Mair Andrew J. McGuire, Town Attorney
L
L
Resolution 2004-53,411-1-4 EA04-18.doc
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 411 BLOCK 1 LOT 4
KINGSTREE B VD
A= 13440'00"
R = 758.00' 20.00'
L = 180.80 ^i
RETAIN 20'x12'_
P.U.E. & D.E.
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DATE: —04