HomeMy WebLinkAboutRes 2003-54RESOLUTION 2003-54
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
WESTERLY LOT LINE OF LOT 31,BLOCK 4,OF PLAT 605A,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 155 OF MAPS,
PAGE 21,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,theMayorandCounciloftheTownof Fountain Hills(the 'Town Council"),
asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the 'Town"),may
requirethe dedication of publicstreets,sewer,water,drainage,and other utility easements orrights-
of-waywithinany proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof
private property by easement,deed,subdivision,plat or other lawful means;and
WHEREAS,allpresentutility companies havereceived notification oftheproposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SRCTTON 1 That a portion of the certain ten(10)foot public utilityand drainage
easements,located along the westerly property lines of Plat 605A,Block 4,Lot 31,Fountain Hills,
as recorded in book 155 of maps,page 21 records of Maricopa County,andas more particularly
described inF.xhihitA,attached heretoand incorporated hereinby reference,areherebydeclaredto
be abandoned bytheTown.Certainlots within this subdivision are subject to lot-to-lot drainage
runoff.The property owner ofLot 31 is required topassthe developed flows generated bythe
upstream lots across their property.
SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town
solelyforthe purpose of removing any potential cloud onthetitletosaid property andthatthe
Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or
assertanyright resulting therefromor existing previous toanyactionbythe Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-54,605A-4-31 EA03-13.doc
PASSED AND ADOPTED BY the Mayor and Council ofthe Town of Fountain Hills,
October 2,2003.
FOR THE TOWN O^FOUNTAIN HILLS:ATTESTED TO:
'Mk >ui*OM
W.J.Nicho}$,Mayor Bevelyn J.Bender Town Clerk
REVIEWED APPROVED AS TO FORM:
Tim G.Pickering,Town Managei
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Andrew J.McGuire,Town Attorney
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Resolution 2003-54.605A-4-31 EA03-13.doc
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DATE:8-19-03
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 605-A BLOCK 4 LOT 31
LOT 32
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