HomeMy WebLinkAboutRes 2003-24RESOLUTION 2003-24
A RESOLUTION OFTHEMAYORAND COUNCIL OF THETOWNOF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVERRIGHT
TITLE,ORINTERESTITHASINA PORTION OFTHECERTAINTEN
(10')FOOT PUBLIC UTILITYAND DRAINAGE EASEMENTS ALONG
THE EASTERLY LOT LINE OF LOT 17,BLOCK 3,OF PLAT 505C,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,
PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council of the Town of Fountain Hills (the 'Town Council"),
as the governing body of real property located in the Town of Fountain Hills (the 'Town"),may
require the dedication of public streets,sewer,water,drainage,and other utility easements or rights-
of-waywithinanyproposedsubdivision;and
WHEREAS,the Town Council 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,BEIT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWNOF FOUNTAIN HILLS,asfollows:
SECTION 1.That a portion of the certain ten (10)foot public utility and drainage
easements,generally located along the easterly property lot line of Plat 505C,Block 3,Lot 17,
Fountain Hills,as recorded in book 158 of maps,page 42 records ofMaricopa County and as more
particularly described in Exhihit A,attached hereto and incorporated herein by reference,are hereby
declared to be abandoned (except for the northerly 40'if necessary)by the Town.Certain lots
within this subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot 17 is
required to pass the developed flows generated by the upstream lots across their property.
SECTTON ?,.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 there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\2003-24 PUE aband.res
5-29-03
C PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain
Hills,June 5,2003.
L
C
FORT 2>F FOUNTAIN HILLS:
W.J.Nichols^
REVIEWED BY:
TimG.Pickering,TownManager
9196.00 l\Rcsolutions\2003-24 PUE aband.res
5-29-03
ATTESTED TO:
Bevelyn J.B^hdeiVTown Clerk
APPROVED AS TO FORM:
AndrewJ.McGuire,Town Attorney
TOWNOFFOUNTAINHILLS
EASEMENTABANDONMENT
EXHIBIT"A"
PLAT505-CBLOCK3LOT17
LOT18
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DATE:5-7-2003
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