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HomeMy WebLinkAboutRes 2003-35• \e^/ c RESOLUTION 2003-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS INA PORTION OF THE CERTAIN TEN (10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINEOF LOT 33,BLOCK 1,OF PLAT 505A,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS,PAGE 40,RECORDS OFMARICOPA 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,platorother lawful means;and WHEREAS,all present utility companies have received notification of the proposed abandonment. NOW THEREFORE,BEIT RESOLVED BY THEMAYORANDCOUNCILOFTHE TOWN OF FOUNTAIN HILLS,as follows: SECTTON 1.That a portion of the certain ten (10)foot public utility and drainage easements,located along the westerly property lotlineofPlat 505A,Block1,Lot33,Fountain Hills,as recorded in book 158 of maps,page 40 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 33 is required to pass the developed flows generated by theupstreamlotsacrosstheirproperty. 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 inno 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 bythe Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-35.505A-I-33 EA03-08.doc & ©PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills July 1,2003. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: W.J.Nichols,Mayor Jevelyn J.Bende/Town Clerk REVIEWED BY:APPROVED AS TO FORM: TimG.Pickering,TownManager Andrew J.McGuire,Town Attorney w L Resolution 2003-35,505A-1-33 EA03-08.doc TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-A BLOCK 1 LOT 33