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RESOLUTION 1994-64
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THAT CERTAIN
PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED
ALONG THE REAR LOT LINE OF LOT 5,BLOCK 2, OF PLAT 207
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 147 OF
MAPS,PAGE 6,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 easement and the ten (10)foot
drainage easement located along the rear (south)lot line of Lot 5,
Block 2,Plat 207 Fountain Hills,Arizona,as recorded in book 147 of maps,
page 6 records of Maricopa County,Arizona;is hereby declared to be
abandoned by the Town of Fountain Hills.
Resolution 1994-64
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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 15th day of December,1994.
FOR THBTOW^HDF FOUNTAIN HILLS:
Joffn M.Cutillo,Mayor
Paul l/Nordin
Town Manager
ATTEST:
(^/mau.<b
Cassie B.Hansen
Town Clerk
APPRPVED AS TO FOR&/I:
William E.Farrell
Town Attorney
Resolution 1994-64
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