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Engineering Department
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
RESOLUTION 1995-71
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ABANDONING
WHATEVER RIGHT,TITLE,OR INTERESTIT HAS INA PORTION OF
THE CERTAIN PUBUC UTILITY AND DRAINAGE EASEMENTS,BUT
RETAINING A SEWER EASEMENT ALONG THE NORTHERLY LOT
LINEOFLOT 4,AND THE SOUTHERLY LOTUNEOFLOT3,BLOCK
3,OFPLAT 107 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN
BOOK 141OF MAPS,PAGE 18,RECORDS OF MARICOPA
COUNTY,ARIZONA.
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 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 the certain ten (10)foot public utility and drainage easements,
located along the northerly property line of Plat 107,Block3,Lot4,Fountain
Hills,Arizona,except for the easterly ten (10)feet and located along the
southerly property line of Plat 107,Block3,Lot3,Fountain Hills,Arizona,
except for the easterly ten (10)feet;as recorded in book 141 of maps,
page 18 records of Maricopa County,Arizona;is hereby declared to be
abandoned by the Town of Fountain Hills,except that a sewer easement
shall be retained.A fence may be constructed along and across the
easement,provided that it has a10'gate(s),and that unobstructed
access is maintained between the front and the rear of the lot.Other than
the fence,northing is permitted to be constructed in the easement.
Resolution 1995-71
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MOTION Clav^
SECOND Lcu>3rc^a
COUNT U-Q
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Nothingmay be planted in the easement other than grass.
SECTION 2.That this Resolution is one of abandonment and disclaimerbythe Town
solely for the purpose of removing any potential cloud on the title to said
property and that the Townin no way attempts to affect the rightsof any
private party to oppose the abandonment or assert any rightresulting
therefrom or existing previous to any action by the Town.
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PASSED AND ADOPTED this 16th day of November,1995.
FOR TH£TOWNJOF FOUNTAIN HILLS:ATTEST:
LCutillo,Mayor
WED BY
Town Manager
Cassie B.Hansen
Town Clerk
APPROVEDASTO FOR&/I:
William E.Farrell
Town Attorney
Resolution 1995-71
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