HomeMy WebLinkAboutRes 2004-57 RESOLUTION 2004-57
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 AND DRAINAGE EASEMENTS ALONG THE
EASTERLY LOT LINE OF LOT 7, BLOCK 3, PLAT 401B, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 155 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
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That the certain twenty (20) foot public utility and drainage easements,
located along the easterly property line of Plat 401B, Block 3, Lot 7, Fountain Hills, as recorded in
Book 155 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. Certain lots within this subdivision are subject to lot-to-lot drainage
runoff. The property owner of Lot 7 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]
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Resolution 2004-57,401 B-3-7 EA04-23.doc
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Le. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 18, 2004.
FOR THE TOW OF FOUNTA HILLS: ATTESTED TO:
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W. J. Nichols, Mlyor Bevelyn J. B der,Town Clerk
REVIEWED BY: ., `N APPROVED AS TO FORM:
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Timothy G. Pickering, Town Manager AndrdJ. McGuire, Town Attorney
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Resolution 2004-57,401B-3-7 EA04-23.doc
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
.. EXHIBIT "A"
PLAT 401B BLOCK 3 LOT 7
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When Recorded Return To.
Public Works
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
GRANT OF EASEMENT
Michael DuEll grantor, for good and valuable consideration, hereby grants to the Town of Fountain
Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a
perpetual easement for the following purposes, namely:
A 10'x10' public utility easement at the northwest corner of Lot 7, Block 3, Plat 401B,
Fountain Hills, Arizona, as recorded in Book 155 of Maps, Page 12 records of Maricopa
County, Arizona.
on, over, under and across the ground embraced within the aforementioned plat as depicted in
Exhibit "A", situated in the Town of Fountain Hills, State of Arizona.
Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or
parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will
warrant the title and quiet possession thereto against the claim of any person whatsoever.
Dated this day of , 2004.
By:
By:
STATE OF ARIZONA )
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County of Maricopa )
SUBSCRIBED AND SWORN TO before me this 7day of
2004, by /1/(-f 44-e-7
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TOWN OF FOUNTAIN HILLS
GRANT OF EASEMENT
EXHIBIT "A"
PLAT 401B BLOCK 3 LOT 7
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DATE: 10-8-04 ~�/