HomeMy WebLinkAboutRes 2006-54 •
RESOLUTION 2006-54
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 EASEMENTS AT THE WESTERLY
PROPERTY LINE OF PLAT 203, BLOCK 7, LOT 9, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 29 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 westerly property line of Plat 203, Block 7, Lot 9, Fountain Hills, as
recorded in Book 149 of Maps, Page 29 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. A 10' x 20' public utility easement at the southwest corner of the
lot along Kingstree Blvd will be retained for existing and future utility boxes. 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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E:Wbandonments\EA06-13-Res.2006-54.doc
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
December 7, 2006.
FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO:
W. J. Nichols ayor Bevelyn J. end r,Town Clerk
REV ED BY: AP OVED AS TO FORM:
Timothy G. ickering, Tow anager An rew J. McGuire,Town Attorney
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E:\Abandonments\EA06-13-Res.2006-54.doc
- - •
iiii., TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 203 BLOCK 7 LOT 9
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