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HomeMy WebLinkAboutRes 1992-31RESOLUTION 1992 -31 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE AND ALONG THE WEST LOT LINE OF LOT b, BLOCK 12, OF PLAT 204 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE SOUTH TWENTY FEET OF THE EASEMENT ALONG THE WEST LOT LINE AND DECLARING AN EMERGENCY. WHEREAS, The Town Council of the Town of Fountain Hills as the governing body of real property located in the Town of Fountain Hills 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 of the Town of Fountain Hills 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 abutting property owners and present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1, That certain ten (10) foot public utility and drainage easement located along the rear lot line and the five (5) foot public utility and drainage easement located along the west lot line of Lot 6, Block 12, Plat 204 Fountain Hills, Arizona, as recorded in book 142 of maps, page 10 records of Maricopa County, Arizona; except the south twenty feet of the easement along the west lot line is hereby declared to be abandoned by the Town of Fountain Hills, Resolution 1992 -31 page 1 of 2 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 therefrom or existing previous to any action by the Town. SECTION 3. Whereas the public peace, health and safety of the Town is and may be placed at issue by the town's acceptance and maintenance of unneeded public utility and drainage easements described herein, an emergency is declared to exist and the public welfare of the town and Its citizens are being served by the immediate adoption of this resolution upon the affirmative vote of three - fourths of all the elected members of the Town Council and the Mayor and as such Is exempt from the provisions of referendum. PASSED AND ADOPTED this lst day of October, 1992. • •. •• •. 1. VW RBY: Paul L . Nordin Town Manager ATTEST: Cassie B. Hansen Town Clerk APPROVED AS TO FORM: fxm-4 -y William E. Farrell Town Attorney Resolution 1992 -31 page 2 of 2