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HomeMy WebLinkAboutRes 2003-19RESOLUTION 2003-19 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 33,BLOCK 3,OF PLAT 401B, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS, PAGE 12,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor and Council of the Town of Fountain Hills(the 'Town Council") asthe governing body of real property located inthe Town of Fountain Hills(the Town"),may requirethe dedication of publicstreets,sewer,water,drainage,and other utility easements orrights- of-way within any proposed subdivision;and WHEREAS,the Town Council hasthe authority toacceptorrejectoffers of dedication of private property by easement,deed,subdivision,plat or other lawful means;and WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed abandonment. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HELLS,as follows: SF.CTTON 1 That aportion of thecertainten (10')foot public utilityanddrainage easements,generally located alongthe westerly property lotline of Plat 40IB,Block 3,Lot33, FountainHills,as recorded in book 155 of maps,page12records of Maricopa County andmore particularly described inF.xhihitA,attached heretoand incorporated hereinby reference,arehereby declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot drainagerunoff.The property owner of Lot33is required topassthe developed flows generated by the upstream lotsacross their property. SFCTTON ?..That this Resolution isone of abandonment and disclaimer bythe Town solelyforthepurposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposethe abandonment or assertanyright resulting therefromor existing previoustoanyactionbytheTown. [SIGNATURES ON FOLLOWING PAGE] 9196.001\Resolutions\2003-19 PUE aband.res 5-29-03 L PASSED AND ADOPTED BYthe Mayor and Council of the Town of Fountain Hills, June 5,2003. FORT FOUNTAIN HILLS: W.J.NicMs,Mayor REVIEWED -BYT" Tim G."Pickering,Town Manager 9196.001\Resolutions\2003-19 PUE aband.rcs 5-29-03 ATTESTED TO: APPROVED AS TO FORM: Andrew J.McGuire,Town Attorney PLAT SCA££:r=40' DATE:4-25-03 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 401-B BLOCK 3 LOT 55