HomeMy WebLinkAboutRes 2005-38 RESOLUTION 2005-38
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 PUBLIC UTILITY AND
DRAINAGE EASEMENT AT THE NORTHERLY PROPERTY LINE OF PLAT 603C,
BLOCK 3, LOT 24, 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 HILLS, as follows:
SECTION 1. That portions of the certain ten (10') foot public utility and drainage easement,
located at the northerly property line of Plat 603C, Block 3, Lot 24, 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]
L
E:\Abandonments\EA05-11-Res.2005-38.doc
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 2,
,,,, 2005.
FOR THE TOWN OFF TAIN HIL S: ATTESTED TO:
tivk
W. J. Nichols, ayor Bevelyn J. n r, Town Clerk
REVIEWED BY:
APP ED AS TO FORM:
17
' 1 19.A.. ..
Timothy G. Pickering, Town Mani Andrew J. McGuire, Town Attorney
L
E:\Abandonments\EA05-11-Res.2005-38.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603C BLOCK 3 LOT 24
LOT 11 / .,�
/ ,
/ LOT 1
/
~ ,_ , LOT 2
_~ _
~_ ~
�'' ABANDON 15' OF 10' D.E.
5� RETAIN 15' OF 10' P.U.E.
\\\` `ice 90�AY-'/ Op• 14/...
/..,
IS.00, >'��� ~
0 00 ABANDON 10' ! _~ _
/ ~ _
P.U.E. & D.E. ~
LOT 12 0� �~~ ~
/ . . 41 0 ~o. _
a ~
/ O 00 `~
7 BLOCK 3
�" LOT 24
/ \\
uo
,
--...s.),... �,No'o� PROPOSED 10'x10'
e.4.40,4
'o oo�, N 66• P.U.E. (BY SEPARATE
,q,, N - 0'Op„ INSTRUMENT)
"/9/ 00 Iv ,-
1-„1 LOT 23
` I f• d it s'`
N LOT 7 v41t• c'74.)P0'14,
21
, a RAM0 .41
V�
W - F t:
S ` �lrhjfi'
0 20' 40' �
MINIMmilIMENIMIN :
SCALE: 1" = 40' L O I 8
DATE: 5-3-05