HomeMy WebLinkAboutRes 2005-01 RESOLUTION 2005-01
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE
OF LOT 10, BLOCK 2, PLAT 601B, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN BOOK 166 OF MAPS, PAGE 31, 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 a portion of the certain ten (10) foot public utility and drainage easements;
located along the northerly property line of Plat 601B, Block 2, Lot 10, Fountain Hills, as recorded in
Book 166 of maps, Page 31, 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 10
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
E:\Abandonments\EA04-27-Res.2005-01.doc
PASSED AND ADOPTED the Mayor and Council of the Town of Fountain Hills, January
20, 2005.
1/4109
FOR THE TOWN OF FO AIN HILLS: ATTESTED TO:
4
W. J. ichols, yo Bevelyn J. en r,Town Clerk
REVIEWED BY: APP OVED AS TO FORM:
/ li 21 iNA„,./.
Timothy G. Pickering,Tow Manager Andrew J. McGuire, Town Attorney
L
L.
E:Wbandonments\EA04-27-Res.2005-01.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
L PLAT 601 —B BLOCK 2 LOT 10
r
r r '
r r
r //
r r �0—
r r
r r ,
r r
r r
'- t
Z� 4 .. »-- ' 11
o �CLO.00" -1 10.0O' '
C L� //4 I f!
ABANDON 10
P.U.E. & D.E. I x
1
RETAIN 10' P.U.E. WI i
w ABANDON 10' D.E. in o rn >� !1
'tM coo CAI 1
Mrn BLOCK 2 0o 0�
5 L LOT 10 — u u a 1
z 4 CC' I
1
DI
o� I
ti
I ��
N 84'50'00" E p= 90'00'00"
_____ . 80.00' R = 20.00' I
PRIMROSE DRIVE -------
----------
N
Y `S:/_.. ___.___._._._.__. fit?. .
� �.,. 1 j ` fl
__7________________
vp n
to 16z2, O
Q ffk; L n cr
S f" /rrne.,2
0 20' 40'
111111.11.11.
SCALE: 1" - 40'
DATE: 12-13-04 1\ \ \� JL
�
Ill