HomeMy WebLinkAboutRes 2005-09 RESOLUTION 2005-09
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN TEN (10')FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ON THE WESTERLY AND
NORTHERLY PROPERTY LINE OF PLAT 603C, BLOCK 2, LOT 42, 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
TOWN OF FOUNTAIN BILLS, as follows:
4110,
SECTION 1. That portions of the certain ten (10') foot public utility and drainage easements,
located on the westerly and northerly property lines of Plat 603C, Block 2, Lot 42, 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 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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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January
20, 2005.
FOR THE 0 UNTAIN HI S: ATTESTED TO:
(-)161/d.0-
W. J. Ni ols,Ma or Bevelyn J. ,eiv)./ildi4,Town Clerk
REVIEWE,,p-B,Y: i APPROVED AS TO FORM:
c
Tim by . Pickering,Town Manage An r w J. McGuire,Town Attorney
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
Le PLAT 603C BLOCK 2 LOT 42
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DATE: 12-27-04 / /