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STATE OF ARIZONA
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COUNTY OF MARICOPA
Town of Fountain Hills
Affidavit of Correction
I, Bevelyn J. Bender, Town Clerk for the Town of Fountain Hills, affirm that
Resolution 2008 -34, which was approved by the Town of Fountain Hills Town
Council at its September 18, 2008, Council meeting, regarding the easement
abandonment for the property located at 17518 E. Hawley Drive, was erroneously
assigned a number already in use on another resolution. The correct number
is Resolution 2008 -35, which number shall be included on the resolution relating to
the easement abandonment for the property located at 17518 E. Hawley Drive and
will hereafter be filed in the permanent records of the Town bearing the corrected
number. Upon advice of legal counsel, this affidavit will be attached to and
documented in the minutes that are approved by the Town Council, as part of the
permanent record for the September 18, 2008 meeting.
Bevelyn J. BB # der,6lown Clerk Date
ACKNOWLEDGED before the undersigned Notary Public this 26"l- day of
September, 2008.
JANICE E. BAA I rm
NMy Pubic • Sta of AIZOre
MARICOPA COUNV
MY MMM, a'PI
ZACouncil Packels\200M 10- 1 -08\Affidavit of Correction - Resolution 2008- 35.doc
9/24/08
RESOLUTION 2008 -34'
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 431, BLOCK 7,
LOT 2, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 395, PAGE 41,
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 twenty foot (20') public utility and drainage easements, located at
the northerly property line of Plat 431, Block 7, Lot 2, Fountain Hills, as recorded in Book 395, Page 41,
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.
ILL 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 AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
September 18, 2008.
FOR THE TOWN OF FOUNTAIN HILLS:
Ja chlum, Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
L
ATTESTED TO:
AP ED AS TO FORM:
L /– —
Andrew J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 431 BLOCK 7 LOT 2
ABANDONED 20'
P.U.E. & D.E. w
(E.A. 92 -20)
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DATE: 8 -27 -08
U N P L A T T E D
N 89'55'10" W
ABANDON 20'
P.U.E. & D.E.
BLOCK 7
LOT 2
= 10'03'07"
R = 570.00'
L = 100.00'
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