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HomeMy WebLinkAboutRes 2004-47 RESOLUTION NO. 2004-47 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, CORRECTING ERRORS IN RESOLUTION 2004-42, PASSED AND ADOPTED ON AUGUST 19, 2004, ABANDONING A PORTION OF A PUBLIC UTILITY AND DRAINAGE EASEMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") passed Resolution 2004-42 on August 19, 2004, approving an intergovernmental agreement with the Fort McDowell Yavapai Nation for Proposition 202 funding for the Fountain Hills Chamber of Commerce Tourism Bureau ("Resolution 2004-42"); and WHEREAS, the Town Council adopted another resolution on August 19, 2004, also designated as Resolution No. 2004-42, abandoning a portion of a public utility and drainage easement(the"Second Resolution"); and WHEREAS, the Second Resolution described the area to be abandoned as located along the easterly property lot lines of Plat 111, Block 5, Lot 2, Fountain Hills, and it should have described the area to be abandoned as located along the westerly property lot lines of Plat 111, Block 5,Lot 2,Fountain Hills; and WHEREAS, the Town Council desires to (i) correct the scrivener's error in the Second Resolution and (ii) correct the Second Resolution number in the official records of the Town of Fountain Hills (the`Town"). NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1, That the Second Resolution, passed and adopted by the Town Council on August 19, 2004, abandoning a portion of a public utility and drainage easement, is hereby designated as 2004-42A in the official records of the Town. SECTION 2. That a portion of the certain ten (10) foot public utility and drainage easement, located along the westerly property lot lines of Plat 111, Block 5, Lot 2, Fountain Hills, as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the Town of Fountain Hills, except that a ten (10) foot sewer easement will be retained, as more particularly described in Exhibit A. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 2 is required to pass the developed flows generated by the upstream lots across Lot 2. SECTION That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. 9196.001\...\2004-47 Abandon.correct.v2.res.doc 9.16.2004-1 I • • PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, September 16, 2004. FOR THE TOWN OUNTAIN HILLS: ATTESTED TO: W. J. Nich s, Mayor - Bevelyn J. nd , Town Clerk REVIE Y: APP OVED AS TO FORM: Timothy G. Pickerin ow anager Andrew J. McGuire, own Attorney C 9196.001\...\2004-47 Abandon.correct.v2.res.doc 9.16.2004-1 2 { 0( I TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 111 BLOCK 5 LOT 2 / ,..\,\C \ \ O PLAT 104 / �cP \. BLOCK 14 GP\/ ' \. LOT L 0 \ •00, • PLAT 104 \, /��, �\ BLOCK 11 \ Foy LOT 1 I \ /PI t` ° Fti \ 1 II s o�� °oo \', MIRAGE , ,00, CONDOMINIUMS �'•o°%°� ABANDON 10' DRAINAGSEMENT & #26 b, A. , PUBLIC UTILITY EASEMENT \ i i/ RETAIN 10' SEWER EASEMENT'S, // �� BLOCK 5 LOT 2 \ r ((// / / 1 \\ ?LOT � \� \, / N \` LOT 3 j 1W�PA // 4 ` \ T f N now c F o i �� I6d5 S 0 (1 RANDY L 0 20' 40' '\ �l� 0 HARM. 045 \t,A,), °� '' I I -\ `9z. s� ned•�' P SCALE: 1' s 40" \ S \ QNA • 1\ A\ 1 DATE: 7-19-04 �� y