HomeMy WebLinkAboutRes 2003-60c
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RESOLUTION 2003-60
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 3,BLOCK 1,OF PLAT 602B,
FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 166 OF MAPS,
PAGE 32,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,andotherutility easements orrights-
of-waywithinany proposed subdivision;and
WHEREAS,the Town Council hasthe authority toacceptorrejectoffers of dedication of
private propertyby easement,deed,subdivision,plator other lawfulmeans;and
WHEREAS,all present utility companies have received notificationofthe proposed
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 thecertainten(10)footpublicutilityand drainage
easements,located along the northerly property lotline,except forthe westerly 10feet thereof;of
Plat 602B,Block 1,Lot3,Fountain Hills,as recorded in book 166 of maps,page32 records of
Maricopa Countyandmore particularly described in Exhibit A,attachedheretoand incorporated
hereinbyreference,are hereby declared tobe abandoned bytheTown.Certainlotswithinthis
subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot3is required topass
thedevelopedflows generated bytheupstreamlotsacrosstheirproperty.
SECTTON 2 That this Resolution isone of abandonment and disclaimer bythe Town
solelyforthepurposeof removing anypotentialcloudonthetitletosaidpropertyandthatthe
Town innoway attempts to affect therightsofany private partyto oppose the abandonment or
assertanyrightresultingtherefromor existing previoustoanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
9196.001\Resolutions\2003-22 PUE aband.rcs
5-29-03
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
October 16,2003.
FOR THE TOWN OF^&NTAIN HILLS:
W.J.Nichols;Mayor
REVIEWEDBY:
Tim G.Pickering,Town Manager
9196.001\Rcsolutions\2003-22 PUE aband.rcs
5-29-03
ATTESTED TO:
Bevelyn J.Bejnder,Town Clerk
APPROVED AS TO FORM:
Andrew J.McGuire,Town Attorney
SCALE:1 =40
DATE:9-09-03
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 602-B BLOCK 1 LOT 3