HomeMy WebLinkAboutRes 2003-59N$^/
RESOLUTION 2003-59
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,
TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN
(10')FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG
THE NORTHERLY LOT LINE OF LOT 19,BLOCK 2,OF PLAT 506B,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 159 OF MAPS,
PAGE 3,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,and other utility easements orrights-
of-way within any proposed subdivision;and
WHEREAS,theTownCouncilhastheauthoritytoacceptorrejectoffersofdedicationof
private property by easement,deed,subdivision,plator other lawful means;and
WHEREAS,all present utility companies havereceived notification oftheproposed
abandonment.
NOW THEREFORE,BE IT 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 utilityand drainage
easements,located along the northerly property lotline,except forthe westerly 10feet thereof;of
Plat506B,Block 2,Lot19,Fountain Hills,as recorded in book 159 of maps,page3records of
Maricopa County andmore particularly described in Exhibit A,attached heretoand incorporated
hereinbyreference,arehereby declared tobe abandoned bythe Town.Certain lotswithinthis
subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot19is required to
passthedevelopedflows generated bytheupstreamlotsacrosstheirproperty.
SECTION 7.That this Resolution is one of abandonment and disclaimer bythe Town
solelyforthe purpose of removing anypotential cloud onthetitletosaid property andthatthe
Towninnoway attempts toaffecttherightsofany private partyto oppose the abandonment or
assertanyright resulting therefromor existing previoustoanyactionbytheTown.
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PASSED AND ADOPTED BY the Mayor and Council ofthe Town of Fountain Hills,
October 16,2003.
FOR THE TOWN OF FOUNTAIN HILLS:
W.J.Nichols,Mayor
Tim G.Pickering,Town Mana
E:\Abandonmcnt Letters and ResolutionsVResolution 2003-59.50615-2-19 EA03-18.doc
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ATTESTED TO:
ZABevelynJ.Berber,iSwrj Clerk
APPROVED AS TO FORM:
"^o-
Andrew J.McGuire,Town Attorney
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 506-B BLOCK 2 LOT 19