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RESOLUTION 2003-65
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 EASTERLY LOT LINE EXCEPT FOR THE NORTHERLY 10'
THEREOF,OF LOT 47,BLOCK1,OF PLAT 604A,FOUNTAINHILLS,
ARIZONA,ASRECORDEDIN BOOK 165OFMAPS,PAGE16,RECORDS
OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council ofthe Town of Fountain 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,theTown Council hasthe authority to accept or reject offers of dedication of
privatepropertybyeasement,deed,subdivision,platorotherlawfulmeans;and
WHEREAS,all present utility companies have received notification ofthe proposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SECTION 1.Thataportionofthecertainten(10)footpublicutilityand drainage
easements,locatedalongtheeasterlypropertylotline,exceptforthenortherly10feetthereof;of
Plat 604A,Block1,Lot47,FountainHills,asrecordedinbook 165 of maps,page16 records of
MaricopaCountyandmoreparticularlydescribedin F.xhihit A,attachedheretoandincorporated
hereinbyreference,areherebydeclaredtobeabandonedbytheTown.Certainlotswithinthis
subdivision aresubjecttolot-to-lot drainage runoff.The property ownerofLot47is required to
passthedevelopedflowsgeneratedbytheupstreamlotsacrosstheirproperty.
SECTION2.ThatthisResolutionisoneofabandonmentanddisclaimerbytheTown
solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe
Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyright resulting therefromor existing previous toanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-65,604A-1-47 EA03-20.doc
PASSEDANDADOPTEDBY the Mayor and Council ofthe Town of Fountain Hills,
November 6,2003.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
W.J.Nichols,Mayor
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BevelynJ.Bender,TownClerk
REVIEWED BY APPROVED AS TO FORM:
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Andrew J.McGuire,Town AttorneyTimG.Pickering,TowrbManager
Resolution 2003-65,604A-1-47 EA03-20.doc
LOT 11
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SCALE:r=40'
DATE:10-01-03
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 604-A BLOCK 1 LOT 47
LOT 46
LOT 10
RETAIN
ABANDON
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