HomeMy WebLinkAboutRes 2004-14 RESOLUTION 2004-14
A RESOLUTION OF THE MAYOR AND COMMON 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
EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 22, BLOCK
6, OF PLAT 431, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS, the Mayor and Council of the 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-way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision,plat or other lawful means; 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:
likor
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage
easement, located along the northerly property lot line of Plat 431, Block 6, Lot 22, Fountain Hills,
as recorded in book 151 of maps, page 43 records of Maricopa County, and as more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to
be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage
runoff. The property owner of Lot 22 is required to pass the developed flows generated by the
upstream lots across their property.
SECTION 7.. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Resolution 2004-14,431-6-22 EA04-02.doc
1
PASSED AND OPTED BY the Mayor and Council of the Town of Fountain Hills,
March 18, 2004.
FOR T N FOUNTAIN LLS: ATTESTED TO:
/e)0( ,
7A4Ze/Aa.14
W.J. Nichols, y r Bevelyn J. der, own Clerk
REV,41E4f BY:. APPROVED AS TO FORM:
Wm G. Pickering, Town Ma ager Andrew J. McGuire,Town Attorney
err
goiw
Resolution 2004-14,431-6-22 EA04-02.doc
2