HomeMy WebLinkAboutRes 2004-54 RESOLUTION 2004-54
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE
CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENT ALONG THE EASTERLY LOT LINE OF LOT 7, BLOCK 9,
OF PLAT 204, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
142 OF MAPS, PAGE 10, 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 a portion of the certain ten (10) foot public utility and drainage
easement, located along the easterly property lot line of Plat 204, Block 9, Lot 7, Fountain Hills, as
recorded in book 142 of maps, page 10 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 7 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 2004-54,204-9-7,EA04-19.doc
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PASSED AND ALOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 4, 2004.
FOR THE N/OF FOUNTA HILLS: ATTESTED TO:
Ni o , Ma Bevelyn J. B d , Town Clerk
REVIEWED BY: AP OVED AS TO FORM:
r " c
Timothy G. Pickering, Town Mager Andrew J. McGuire, Town Attorney
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Resolution 2004-54,204-9-7,EA04-19.doc
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
L. EXHIBIT "A"
PLAT 204 BLOCK 9 LOT 7
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When Reenrded Return Tcr
Public Works
Town of Fountain Hills
P.O.Box 17958
Fountain Hills,AZ 85269
GRANT OF EASEMENT
Jerzy Wolny 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:
A 10' vehicular sight easement along the property frontage on Valley Drive, on Lot 7,
Block 9, Plat 204 as recorded in Book 142,Page 10,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 this of 1O6R. , 2004
By. /17
By:
STATE OF ARIZONA )
) §
County of Maricopa )
SUBSCRIBED AND SWORN TO before me this day of 0 CI O"er , 2004, by
Jerzy Wolny.
Notary Public
My Commission Expires: ' OFFICIAL SEAL
"TAM g 3 9t,�F c`,�' MAUREEN KING
t,� NOTARY PUBLIC AZ
' MARICOPA COUNTY
My Commission Expires 01/23/08
\\earth\BBrannon\Abandonment Letters and Resolutions\VSE Grant of Easement 204-9-7.doc
TOWN OF FOUNTAIN HILLS
GRANT OF EASEMENT
EXHIBIT "A"
PLAT 204 BLOCK 9 LOT 7
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DATE: 10-1-04 �`'`-�---.,„