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HomeMy WebLinkAboutRes 2005-03 RESOLUTION 2005-03 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 PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF PARCEL 12, LOT 5, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 579 OF MAPS, PAGE 40, 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 public utility easement, located along the northerly property line of Parcel 12, Lot 5, Fountain Hills, as recorded in Book 579 of Maps, Page 40 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. 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. [SIGNATURES ON FOLLOWING PAGE] L E:\Abandonments\EA04-29-Res.2005-03.doc PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 20, 2005. FOR THE TOW OF FOUNTAIN LS: ATTESTED TO: . . Ni , ayor Bevelyn J. en , Town Clerk REVIEWE Y: % APP VED AS TO FORM: / ,/ Timothy G. Pickering, Town M er Andrew J. Guire,Town Attorney L E:\Abandonments\EA04-29-Res.2005-03.doc TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" L. PARCEL 12 LOT 5 1 o t I ii L 0— 1 1 1 I I i I H1 I Lk_ N s6.2s'43" w CHAPARRAL w gr4P: TE / �4`� ^- COMPANY >1 ri-11-- T i 1 2� o 'er it iN86.28'43" w w ^ oI C I i 1 ��:sr,. - : ABANDON M i iFAn tr) �I i i 20' P.U.E. N 86'28'43" W QI I 1 3.64' . zi �, i I I D.E. I i ' wi i I IN i 1 FluS1 w I °Icy1 —-sur M I r- LOT5 M0 zi 1 i 0 iI z I i--RETAIN 10.00' P.U.E. & S.W.L.E. 1 i i—�RE TAIN 1.00' V.N.A.E. 1 I I I 1 I I i N H i i # <(, Wcb E E i I 4v �I► bib P\d) i t�,��`L. S I N 01.10'00" E 0 25' 50' I 29.79' — — miiiiimi SCALE 1• = 50' 1,---1 ___N 88'50'00" W 149.10' DATE: 12-27-04 II 1