HomeMy WebLinkAboutRes 2004-64 RESOLUTION 2004-64
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
SOUTHERLY LOT LINE OF LOT 47, BLOCK 1, OF PLAT 604A,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS,
PAGE 16, 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 southerly property line of Plat 604A, Block 1,Lot 47,Fountain Hills, as recorded in book
165 of maps, page 16 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 47 is required to pass the developed flows generated by the upstream lots
across their property.
SECTION 2. 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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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
December 16, 2004.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor J7" `�, Bevelyn J. B der own Clerk
REVIEWED BY: APP VED AS TO FORM:
Timothy G. Pickeri , Town Manager An rew J. McGuire, Town Attorney
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E:\Abandonments'EA04-21 -Res.2004-64.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
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