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HomeMy WebLinkAboutRes 2005-14 RESOLUTION 2005-14 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 EASEMENTS AT THE EASTERLY PROPERTY LINE OF PLAT 206, BLOCK 1, LOT 14, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 2 RECORDS OF MARICOPA COUNTY, ARIZONA. A TEN (10')FOOT SEWER EASEMENT WILL BE RETAINED. 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 portions of the certain ten (10') foot public utility and drainage easements, located at the easterly property lines of Plat 206, Block 1, Lot 14, Fountain Hills, as recorded in Book 147 of Maps, Page 2 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, except that a ten (10') foot sewer easement will be retained. Certain lots within this subdivision are subject to lot-to- lot drainage runoff. The property owner 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. [SIGNATURES ON FOLLOWING PAGE] L E:\Abandonments\EA05-01 -Res.2005-14.doc PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, February 17, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nic ols, ayor Bevelyn J. B der own Clerk REVIEWED APP VED AS TO FORM: i ../11(, Timothy G. Pickering,Town Ma ger A J. McGuire, Town Attorney Lir E:\Abandonments\EA05-01 -Res.2005-14.doc TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" ilkw PLAT 206 BLOCK 1 LOT 14 S ix � G 0 = 02'01'26" R = 1075.00' /- L = 37.97' / /� ,/' 1000 - RETAIN PUBLIC UTIL TY EASEMENT j- ! 0 'Q ABANDON DRAINAGE ASEMENT SEGO/ 6 01' °0 �f `\ / N6 b1o� -c /- N Oa. / I& _0— 13 fI BLOCK 1 / 2 as LOT 14 / e f / oO.Oe / e ,.,,.-- _0— 15 L I .-- r — G ABANDON 10' PUBL UTILITY -�" r,- 2� EASEMENT & DRAINAGE E SEMENT 000 E _0 T 25 �i RETAIN 10 SEWER EA' MENT 601 00 -A \ - ---- <0\ <53 ,--�- ', l t ,-- `_ �r r , \ \ - \� \� L 0 T 24 s N 1Ii0T1T02iii., ' ✓ 1 e DATE: 1-13-05 �Q --''- k \��v