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HomeMy WebLinkAboutRes 2004-53 Liv RESOLUTION 2004-53 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 TWENTY (20') FOOT PUBLIC UTILITY EASEMENT ALONG PORTIONS OF THE EASTERLY LOT LINE OF LOT 4, BLOCK 1, OF PLAT 411, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 30, 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 HELLS, as follows: SECTION 1. That portions of the certain twenty (20) foot public utility easement, located along the easterly property lot line of Plat 411, Block 1, Lot 4, Fountain Hills, as recorded in book 149 of maps, page 30 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 4 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. [SIGNATURES ON FOLLOWING PAGE] CIF Resolution 2004-53,411-1-4 EAO4-18.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 4, 2004. FOR THE TOWNiF FOUNTAIN HILLS: ATTESTED TO: 4,cie dve- W. J. Ni o s, MayoL Bevelyn J. B der own Clerk REVIEWED BY} ! APP OVED AS TO FORM: C. - J\ Timothy G. Pickering, Towles/Mair Andrew J. McGuire, Town Attorney L L Resolution 2004-53,411-1-4 EA04-18.doc 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 411 BLOCK 1 LOT 4 KINGSTREE B VD A= 13440'00" R = 758.00' 20.00' L = 180.80 ^i RETAIN 20'x12'_ P.U.E. & D.E. f ! i 1 ABANDON 20' P.U.E. RETAIN D.E. w i -o- 5 I. • BLOCK 1 o M LOT 4 0N (0 `�h C/Z to i! LC' 3 { ! w o � N 0< •' P _ N ! ti0 :1v14• / TAT OA cr 0_ a PuFir1 L P 1�: to 25' 50' - q�> N �`�Ol1Fj, S 12 SCALE: 1" 50' u C DATE: —04