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RESOLUTION 2003-25
A RESOLUTION OF THEMAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,ORINTERESTITHASINA PORTION OF THE
CERTAIN TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 34,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"),
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-waywithinanyproposed subdivision;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
TOWN OF FOUNTAIN HILLS,asfollows:
SFXTTON 1.That a portion of the certain ten (10)foot public utility and drainage
easements,located along the westerly property lot line of Plat 401B,Block 3,Lot 34,Fountain
Hills,as recorded in book 155 of maps,page 12 records of Maricopa County,and as more
particularly described in Rxhihit A,attached hereto and incorporated herein by reference,are hereby
declared to be abandoned by the Town.Certain lots within this subdivision are subject to lot-to-lot
drainage runoff.The property owner of Lot 34 is required to pass the developed flows generated by
the upstream lots across their property.
SECTION ?,.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.
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9196.001\Resolutions\2003-25 PUE aband.res
5-29-03
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills
June 5,2003.
FOR THKTOWISKOF FOUNTAIN HILLS:
W.J.Nienols,Ma^OF-
REVIEWED BY:
TimG.Pickering,TownManager
9I96.001\Resolutions\2003-25 PUE aband.res
5-29-03
ATTESTED TO:
BevelynJ.B#idef<TownClerk
APPROVED AS TO FORM:
Andrew J.McGuire,Town Attorney
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 401 -B BLOCK 3 LOT 34