HomeMy WebLinkAboutRes 2003-47RESOLUTION 2003-47
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,ORINTERESTITHASINTHECERTAINTEN (10')
FOOT PUBLIC UTILITY AND DRAINAGEEASEMENTS ALONG THE
NORTHWESTERLY AND SOUTHERLYLOTLINESOFLOT 10,BLOCK
3,OF PLAT 206,FOUNTAIN HILLS,ARIZONA,ASRECORDEDIN
BOOK 147 OF MAPS,PAGE 2,RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS,the Mayor and Council of the Town ofFountain 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.
NOWTHEREFORE,BEIT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SECTION 1.That a portion of the certain ten (10)foot public utility and drainage
easements,located along the northwesterly and southerly property lot lines of Plat 206,Block 3,Lot
10,Fountain Hills,as recorded in book 147 of maps,page 2 records of Maricopa County,and as
more particularly described in Exhibit 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 10 is required to pass the developed flows
generated bythe 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.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-47,206-3-19 EA03-I0.doc
PASSED AND ADOPTED BY theMayorandCounciloftheTownofFountainHills,
September 4,2003.
FOR THE TOWN OF/FOUNTAIN HILLS:
TimG.Pickering,Town Manager
Resolution 2003-47,206-3-19 EA03-10.doc
ATTESTED TO:
^
Bevelyn J.$ndfef,Town Clerk
APPROVED AS TO FORM:
AndrewJ.McGuire,TownAttorney
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LOT8
LOT7
N
JH
S
M
SCALE:1 "=40*
DATE:08-06-03
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 206 BLOCK 3 LOT 10
LOT9
LOT4
NEW 10'x10'P.U.E.
(BYSEPARATE —'
DOCUMENT)
BLOCK 3
LOT 10
ABANDON 10'
P.U.E 8c D.E.
LOT3
LOT11
LOT
15545
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