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HomeMy WebLinkAboutRes 2003-57RESOLUTION 2003-57 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 SOUTHERLY LOT LINE OF LOT 32,BLOCK 1,OF PLAT 505C, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158OF MAPS, PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS,the Mayor and Council of the Town of Fountain Hills(the "Town Council"), asthegoverningbodyofrealpropertylocatedintheTownofFountainHills(the"Town"),may requirethededicationofpublicstreets,sewer,water,drainage,andotherutilityeasementsorrights- of-waywithinany proposed subdivision;and WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffers of dedication of private property by easement,deed,subdivision,plat or other lawfulmeans;and WHEREAS,allpresentutilitycompanieshavereceivednotificationoftheproposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAttJ HILLS,as follows: SF.CTTON 1Thataportion of thecertainten(10)footpublicutilityanddrainage easements,located along the southerly property lotline of Plat505C,Block 1,Lot32,Fountain Hills,as recorded in book 158 of maps,page42 records of Maricopa County,andasmore particularly described inF.xhihit A,attached hereto and incorporated hereinby reference,arehereby declared tobe abandoned bythe Town.Certain lots within this subdivision are subject to lot-to-lot drainagerunoff.The property owner of Lot32is required topassthe developed flows generated by the upstream lots across their property. SFCTTON 2,That this Resolution isone of abandonment and disclaimer bythe Town solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe Towninnoway attempts toaffecttherights of any private partyto oppose the abandonment or assertany right resulting there fromor existing previous toanyactionbythe Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-57,505C-1-32 EA03-16.doc PASSED AND ADOPTED BY the Mayor and Council oftheTown of Fountain Hills, October 2,2003. 7 FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Bevelyn J.Bender,(Town Clerk APPROVED AS TO FORM: /, Timtj.PickeringrTown Mamiser Andrew J.McGuire,Town Attorney c Resolution 2003-57,505C-1-32 EA03-16.doc L TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-C BLOCK 1 LOT 32 LOT 45 LOT 33 N w{E s SCALE:1"= DATE:9-05 •-40' -03 ^Dgp LOT 46 Qr *%?* BLOCK LOT 32 ABANDON P.U.E &D LOT 28 LOT 47