HomeMy WebLinkAboutRes 2004-48 RESOLUTION 2004-48
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN
TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT
ALONG THE SOUTHERLY AND WESTERLY LOT LINES OF LOT 8
BLOCK 6, OF PLAT 203, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN BOOK 149 OF MAPS,PAGE 29, 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 1. That portions of the certain twenty (20) foot public utility easement, located
along the southerly and westerly property lines of Plat 203, Block 6, Lot 8, Fountain Hills, as
recorded in book 149 of maps, page 29 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.
SECTION?. 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 2004-48,203-6-8 EA04-16.doc
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
October 7, 2004.
FOR THE T OF UNTAIN HILLS: ATTESTED TO:
W. J. Nich s, Mayor Bevelyn J. B d , Town Clerk
REVIEWED B APPROVED AS TO FORM:
c�
Timothy . P ke g, Town Manager Andrew J. McGuire, Town Attorney
C
err
Resolution 2004-48,203-6-8 EA04-16.doc
2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FLAT 203 BLOCK 6 LOT 8
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BY SEPARATE
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DATE: 9-1-04
When Recorded Return To.
Public Works
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
GRANT OF EASEMENT
Samuel and Lola Coffee grantor, for good and valuable consideration, hereby grants to the Town of
Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public
utilities, a perpetual easement for the following purposes, namely:
• Drainage easement for Kingstree Wash on Lot 8, Block 6, Plat 203,Fountain
Hills, Arizona,Book 149 of Maps, Page 29,MCR.
on, over, under and across the ground embraced within the aforementioned plat as depicted in
Exhibit "A", situated in the Town of Fountain Hills, State of Arizona.
Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or
parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will
warrant the title and quiet possession thereto against the claim of any person whatsoever.
Dated thisJ-Z day of �� N,B _, 2
B •
By:
STATE OF ARIZONA ) o�� o BARB OFFA R BRRAsEL
LCO
) ss. .:�.r. NOTARY PUBLIC-ARIZONA
County of Maricopa ) 'd,x .'aeti MARICOPA COUNTY
/9,,. * My Comm.Expires May 21,2006
SUBSCRIBED AND SWORN TO before me this day of •, ,1 ,
2004, by ¶ -e ( Cr7 cL,( 1-014— C-v 'L
n Notary Public
My Commission Expires: V l o� (l So
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TOWN OF FOUNTAIN HILLS
GRANT OF EASEMENT
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DATE: 9-1-04
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TOWN OF FOUNTAIN HILLS
GRANT OF EASEMENT
S
STUDY MAP
PLAT 203 BLOCK 6 LOT 8
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DATE: 9-1-04