HomeMy WebLinkAboutRes 2004-61 RESOLUTION 2004-61
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 DRAINAGE EASEMENT ALONG THE NORTHERLY LOT LINE
OF LOT 46, BLOCK 1, OF PLAT 101, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 141 OF MAPS, PAGE 12, 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:
Cav
SECTION 1. That the certain ten (10) foot drainage easement, located along the northerly
property line of Plat 101, Block 1,Lot 46, Fountain Hills, as recorded in book 141 of maps, page 12
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 46 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]
Resolution 2004-61, 101-1-46 EA04-25.doc
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
December 2, 2004.
FOR THE TOWN 0 FOUNTAIN LS: ATTESTED TO:
W. J. Nichols ayo Bevelyn J. Bejder,frThwn Clerk
REVIEWED BY: APP VED AS TO FORM:
(
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
Resolution 2004-61, 101-1-46 EA04-25.doc
2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
L, FOUNTAIN VIEW VILLAGE REPLAT, LOT 2
N 69.21'52" WL
221.52' F
I _
VARIES
SLOPE & LANDSCAPE
EASEMENT
1
150.00' 1.00' VEHICULAR NON PAD SITE
FOR FUTURE
ACCESS ESMNT. DEVELOPMENT
15.00' SIDEWALK, P.U.E.
& L.S. ESMNT.
1' VEHICULAR NON ACCESS EASEMENT
ABANDONMENT FOR FOUNTAIN HILLS
ENTRY DRIVE
40.00'
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30' 60' ,de% O•O 171.52. bt
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SCALE:L 1- go• AVENIDA VIDA BUENA
DATE: 10-29-04 ------------ — — — — ----