HomeMy WebLinkAboutRes 2007-12 RESOLUTION 2007-12
r A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 602B, BLOCK 2,
LOT 46, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 166 OF MAPS,
PAGE 32 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 the certain ten (10')foot public utility and drainage easement, located at the
northerly property line of Plat 602B, Block 2, Lot 46, Fountain Hills, as recorded in Book 166 of Maps, Page
32 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
telephone 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
ihr 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.
PASSED A D ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March
15,2007.
FOR THE TOWN FOUNTAIN HI S: ATTESTED TO:
W.J. Nichols, ay Bevelyn J. Be er, wn Clerk
REVIEWED BY: AP VED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire,Town Attorney
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Norw TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 602B BLOCK 2 LOT 46
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DATE: 2-13-07 \�
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