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HomeMy WebLinkAboutRes 2004-43A RESOLUTION 2004-43,L. 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 35, 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 AM) COUNCIL OF THE, TOWN OF FOUNTAIN HILLS, as follows: . SFCTION 1. That the certain ten (10) foot public utility and drainage easenments, located along the easterly property lot lines of Plat 505C, Block 3, Lot 35, 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 35 is required to pass the developed flows generated by the upstream lots across their property. ,SECTTON 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] L Resolution 2004-43,505C-3-35 EA04-14.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 19, 2004. FOR THE TOWN OF UNTAIN HILLS: ATTESTED TO: /' W. J. Nich s, Mayor Bevelyn J en er, Town Clerk REVIEWED � APPROVED AS TO FORM: ( 1\)\4CL Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney L Resolution 2004-43,505C-3-35 EA04-I4.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505C BLOCK 3 LOT 35 / _0 T 38 �P�/, L 0__ 3 /// , / / �GP/ 0 o `f j /// / �h DO 11�`SO // •>s,ps 10 ,/ BLOCK 3 / ./ / \ LOT 35 \*::// { ,/ I ABANDON 10' / ti P.U.E & D.E. �C`��V' �y� 7ki t-rt5%, \\ 0 0 <\<'\(1./4,),/17. \ .DO,p1 ty � K\ ‘ /1 CST 34 _ 23 I 1 1 1 1 1 1 N I PREVIOUSLY ,i. �� �1 f ABANDONDEP 4j - , W ��I� �, 10' P.U.E : + 2, -, w 15�45 ,„_,,,, . 1.„ ��)►� 6 RR�lDY L. S, - f --4 o HARRfL -y)..-4/ __ 0 20' 40' F t r��‹O IV ifi -P. 11� SCALE: 1" = 40' DATE: 7-15-04 1 j -