HomeMy WebLinkAboutRes 2003-69\si^*/
RESOLUTION 2003-69
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 TWENTY (20')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
WESTERLY LOT LINE OF LOT 25,BLOCK 5,OF PLAT 203,FOUNTAIN
HILLS,ARIZONA,AS RECORDED IN BOOK 149 OF MAPS,PAGE 31,
RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS,the Mayor and Council of the Town of Fountain Hills(the 'Town Council"),
asthe governing body of real property located intheTown of Fountain Hills(the 'Town"),may
requirethe dedication of publicstreets,sewer,water,drainage,and other utility easements orrights-
of-waywithinany proposed subdivision;and
WHEREAS,the Town Council hasthe authority to accept or reject offers of dedication of
privatepropertybyeasement,deed,subdivision,platorotherlawfulmeans;and
WHEREAS,all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,as follows:
SF.CTTON 1.That aportionofthecertaintwenty(20)footpublicutilityanddrainage
easements,locatedalongthewesterly property lotline of Plat203,Block5,Lot25,Fountain Hills,
as recorded inbook149 of maps,page31 records of Maricopa County,andasmore particularly
describedin F.xhihit A,attached heretoand incorporated hereinby reference,arehereby declared to
beabandonedbytheTown.Certainlotswithinthissubdivisionaresubjecttolot-to-lotdrainage
runoff.ThepropertyownerofLot25isrequiredtopassthedevelopedflowsgeneratedbythe
upstreamlotsacross their property.
SF.P.TTON ?..That this Resolution is one of abandonment and disclaimer bythe Town
solelyforthepurposeofremovinganypotentialcloudonthetitletosaidpropertyandthatthe
Towninnowayattemptstoaffecttherightsofanyprivatepartytoopposetheabandonmentor
assertanyrightresultingtherefromorexistingprevioustoanyactionbytheTown.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2003-69,203-5-25 EA03-22.doc
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PASSEDAND ADOPTED BY the Mayor and Council ofthe Town of Fountain Hills,
November 20,2003.
FOR THE FOUNTAIN HILLS:ATTESTED TO:
W.J.Nichols,Mayor
R^EWED APPROVED AS TO FORM:
TimG.Pickering,Towr/Manager
X
Andrew J.McGuire,TownAttorney
Resolution 2003-69,203-5-25 EA03-22.doc
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 203 BLOCK 5 LOT 25