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RESOLUTION 2004-51
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
WESTERLY AND NORTHERLY LOT LINES (THE SOUTHERLY 20' OF
THE WESTERLY 10' PUBLIC UTILITY EASEMENT WILL BE
RETAINED FOR EXISTING AND POTENTIAL FUTURE UTILITY
BOXES) OF LOT 11, BLOCK 1, OF PLAT 212, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 17,
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 the certain ten (10) foot public utility and drainage easements, located
along the westerly and northerly property lines of Plat 212, Block 1, Lot 11, Fountain Hills, as
recorded in book 141 of maps, page 17 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. The southerly 20' of the westerly 10' public utility easement will be
retained for existing and potential future utility boxes. Certain lots within this subdivision are
subject to lot-to-lot drainage runoff. The property owner of Lot 11 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 2004-51,212-1-11 EA04-17.doc
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PASSED AND A OPTED BY the Mayor and Council of the Town of Fountain Hills,
November 4, 2004.
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FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, ayor Bevelyn J&At
,Town Clerk
._ .... .......
REVIEWED BY: ) APP OVED AS TO FORM:
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3, ,i,k Iii.,,,,,
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Timothy G. Pickering, Town ManWer Andrew J. McGuire,Town Attorney
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Resolution 2004-51,212-1-11 EA04-17.doc
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00.
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 212 BLOCK 1 LOT 11
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DATE: 10-1-04 Jtti) ------r