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HomeMy WebLinkAboutRes 1994-67RESOLUTION 1994-67 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN ANY AND ALL PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS LOCATED WITHIN LOTS 8,9,AND 10, BLOCK 1, OF PLAT 207 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 147 OF MAPS,PAGE 6, RECORDS OF MARICOPA COUNTY,ARIZONA; EXCEPT THE EAST FORTY FEET OF THE TEN FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE OF SAID LOT 10; 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 any and all public utility easements and any and all drainage easements located within Lot(s)8,9,and 10,Block 1,Plat 207 Fountain Hills, Arizona,as recorded in book 147 of maps,page 6 records of Maricopa County,Arizona;except the east forty (40)feet of the ten (10)foot public utility easement along the south property line of said Lot 10 is hereby declared to be abandoned by the Town of Fountain Hills. Resolution 1994-67 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 15th day of December,1994. FORTH Johrf M/Cutillo,Mayor Paul L Nordin^ Town Manager ILLS:ATTEST: Cassie B.Hansen Town Clerk APPROVED AS TO FOR sYsJaAaaa L William E.Farrell Town Attorney Resolution 1994-67 page 2 of 2