HomeMy WebLinkAboutRes 2004-37 RESOLUTION 2004-37
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 TEN (10')
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
EASTERLY LOT LINES OF LOT 53, BLOCK 3, OF PLAT 505C,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS,
PAGE 42,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:
SECTION i. That the certain ten (10) foot public utility and drainage easements, located
along the easterly property lot lines of Plat 505C, Block 3, Lot 53, Fountain Hills, as recorded in
book 158 of maps, page 42 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 53 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.
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Resolution 2004-37,505C-3-53 EA04-12.doc
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
August 19, 2004.
FOR TH W F UNTAIN HILLS: ATTESTED TO:
96144/A
W. J. Ni s, Mayor Bevelyn J. Be der, own Clerk
REVIEWED BY: `"' APPROVED AS TO FORM:
AO,
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
C
Resolution 2004-37,505C-3-53 EA04-12.doc
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 505C BLOCK 3 LOT 53
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DATE: 7-7-04 I A 1 1 i I