HomeMy WebLinkAboutRes 1993-32i
RESOLUTION 1993 -32
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
LOCATED ALONG THE EAST LOT LINE OF LOT 1S AND THE WEST
LOT LINE OF LOT 17, BLOCK 2, OF PLAT 423 FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 31,
RECORDS OF MARICOPA COUNTY, ARIZONA; 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 west lot line of Lot 15 and the ten (10) foot public utility and
drainage easement located along the east lot line of Lot 17, Block 2,
Fountain Hills Arizona, Final Plat No. 423, as recorded in Book 149 of Maps,
Resolution 1993 -32
page 1 of 2
Page 31 records of Maricopa County, Arizona; is hereby declared to be
abandoned by the Town of Fountain Hills.
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 7th day of October, 1993.
FOR THE TOWN OF FOUNTAIN HILLS:
Jo M. Cutillo, Mayor
rIE R
Pau L. Nordin
Town Manager
ATTEST:
Cassie B. Hansen
Town Clerk
APPROVED AS TO FOR
William E. Farrell
Town Attorney
Resolution 1993 -32
page 2 of 2