HomeMy WebLinkAboutRes 2005-04 RESOLUTION 2005-04
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 NORTHERLY AND A PORTION OF THE
EASTERLY LOT LINES OF LOT 14, BLOCK 5, PLAT 603C, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, 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
kle TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That the certain ten (10') foot public utility and drainage easements, located along
the northerly and a portion of the easterly property lines of Plat 603C, Block 5, Lot 14, Fountain Hills, as
recorded in Book 161 of maps, Page 43 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 14 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.
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20, 2005.PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January
FOR THE TOWN OF UNTAIN HILLS: ATTESTED TO:
)6-1/( j)t-
W. J. Nichols, ay r Bevelyn J. end , Town Clerk
REVIEWED BY: —' APPROVED AS TO FORM:
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Timot G. Pickering,Town M ger Andrew J. McGuire, Town Attorney
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E:\Abandonments\EA04-30-Res.2005-04.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603—C BLOCK 5 LOT 14
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DATE: 12-13-04 f / !11