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HomeMy WebLinkAboutRes 2005-06 RESOLUTION 2005-06 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 VEHICULAR NON-ACCESS EASEMENT, AND THE ENTIRE HILLSIDE PROTECTION EASEMENT LOCATED WITHIN LOT 34C, BLOCK 2, PLAT 505A,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 541 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 TOWN OF FOUNTAIN HILLS,as follows: SECTION 1. That a portion of the certain 1' Vehicular Non-Access Easement and the Hillside Protection Easement,both located within Lot 34C,Block 2,Plat 505A,Fountain Hills,Arizona;as shown in Exhibit"A"; as recorded in book 541 of maps,page 43 records of Maricopa County,Arizona are hereby declared to be abandoned by the Town of Fountain Hills. 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 therefrom or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] \\Earth\BBrannon\Abandonments\NVAE 04-03-505A-2-34C.doc PASSED AND A OPTED BY the Mayor and Council of the Town of Fountain Hills, January 6, 2005. FOR THE W F OUNTAIN HI LS: ATTESTED TO: /620....("6 W. J. Poch ls, y Bevelyn J. B der, own Clerk REVIEWED APP VED AS TO FORM: AN Timothy G.Pickering,Town Mana Andrew J.McGuire,Town Attorney L \\Earth\BBrannon\Abandonments\NVAE 04-03-505A-2-34C.doc TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505—A BLOCK 2 LOT 34C LOT 3G-A L0- 3z-B NEW H.P.E. 4, (BY SEPARATE ABANDON H.P.E. ' DOCUMENT) ci,, ) cy^ 7-— 11 ti \ !6:Z `349OOOry / / j \ , \ „,„ 4,„ 4,/ .,„ ...ti>.11- ,:-.-, A�0, Ir 4 ,iii • \ O / r r'0r''5\ \ / ''?0 if, �/ NEW V.N.A.E. t I •�,003 \ //// I I/ (BY SEPARATE / \\ //// DOCUMENT) 1 i , cy`y/' /// BLOCK 2 j t hJ p._. , 1 �. // \\ oo.°° LOT 34C i / / 7 \�Q O• ABANDON 34.35' \ 16. OF 1' V.N.A.E. / / t / GOLDEN \\ r �!// ° fir.. EAGLE \ ^ is � .< G ESTATES .\ 4�\ ry /4; � c�er. �,y , o �' 4 a5 • \ ��s OO,� // J// /. mi f Gi rr 3• Ip /L��I� 3s�0 , 'S OLD N S • 3 w �� EAGLE 30' 60' Qj ESTATES SCALE 1' = 60' i DATE: 12-10-04 Public Works Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 GRANT OF EASEMENT Terry D. Woodward 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 1' Vehicular Non-Access Easement along 30' of the southeasterly property line of Lot 34C,Block 2,Plat 505A,Fountain Hills,Arizona,Book 541 of Maps, Page 3, MCR. 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 20..+JU Fl 1.t-1 , 2001. By: I_L4 A, • Terry D.Woodward By: STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN TO before me this 1/ day of 200S,by la rr7 2). L.[,0-s.1,444-d Not. Public My Commission Expires: OFFICIAL SEAL ' "- BETTY BRANNON Notary Public-State of Arizona, i MAAICOPA COUNTY My comm.expires Apt.8,2005 E:\Abandonments\NVAE 04-03-505A-2-34C.doc TOWN OF FOUNTAIN HILLS GRANT OF EASEMENT (1' V.N.A.E.) EXHIBIT "A" ,, PLAT 505—A BLOCK 2 LOT 34C LOT 34A LOT . 45 NEW H.P.E. ABANDON H.P.E. tv (BY SEPARATE (BY SEPARATE p DOCUMENT) /, DOCUMENT) 04 -t-N h / / ` ' ti S). 10. \\ / / ��\ 6e, `Y \ / / \ \ \ / / \ / N� / `� `� �E; / '\ \ < N BLOCK 2 // 77��\ �. 2 \\ ��, LOT 34C �`�. I / ; '\( o.ti . / I . / �r'o�* . \\ //// // GRANT 30.00' OF 1' ' \ ,l ! >�p, \ / / N, / VEHICULAR NON- , �� / X \ //// N / ACCESS EASEMENT \ '` . . 0). 3 \` /// I ,4 � \ O r / X / / \ 00 I �, \\\�Q J�E• ABANDON 1' V.N.A.E. / / dl \ o• (BY SEPARATE y " \ DOCUMENT) / % / GOLDEN \ \ \ / EAGLE \ & ©f /•'r=-rT ;,�;;, ESTATES �\ 4 \ o� p � ',/' •> St7 "c , N 41)3/! j ,•i ,,,, 6545 VA 2s it ,'► 1 i.,p:,� ' I , s oQ.,� rr ,,jai , ; , Z N '9 `` 1 IQ fr\ i 'r• ` l ,�, 1- C 1A 1. . \ ' 00 'J GOLDEN S •1`� w /p EAGLE 30' so• ...,/ /00 ESTATES misilimiiiimmo SCALE: r - 60• DATE: 12-10-04