HomeMy WebLinkAboutRes 2005-14 RESOLUTION 2005-14
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 AT THE EASTERLY PROPERTY LINE
OF PLAT 206, BLOCK 1, LOT 14, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN BOOK 147 OF MAPS, PAGE 2 RECORDS OF MARICOPA COUNTY, ARIZONA.
A TEN (10')FOOT SEWER EASEMENT WILL BE RETAINED.
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 portions of the certain ten (10') foot public utility and drainage easements,
located at the easterly property lines of Plat 206, Block 1, Lot 14, Fountain Hills, as recorded in Book 147
of Maps, Page 2 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, except that
a ten (10') foot sewer easement will be retained. 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.
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E:\Abandonments\EA05-01 -Res.2005-14.doc
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, February
17, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nic ols, ayor Bevelyn J. B der own Clerk
REVIEWED APP VED AS TO FORM:
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Timothy G. Pickering,Town Ma ger A J. McGuire, Town Attorney
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E:\Abandonments\EA05-01 -Res.2005-14.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
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