HomeMy WebLinkAboutRes 2005-43 RESOLUTION 2005-43
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 PUBLIC UTILITY AND DRAINAGE
EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 604B, BLOCK 1,
LOT 10, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 196 OF MAPS,
PAGE 27 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 portions of the certain ten (10') foot public utility and drainage easement,
located at the northerly property line of Plat 604B, Block 1, Lot 10, Fountain Hills, as recorded in Book
196 of Maps, Page 27 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 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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4, 2005.PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August
FOR THE TOWN OF FO.ITAIN HI ATTESTED TO:
.20?-66
W. J. Nichols, aydr Bevelyn J. :` d ,Town Clerk
REVIEWY• APP VED AS TO FORM:
e-
Tim y G. ickerin , own Manager An ew J. McGuire, Town Attorney
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
- EXHIBIT "A"
(11,.., ' PLAT 604B BLOCK 1 LOT 10
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1 LOT 15
jf LOT 16
C 0 .? ABANDON 10'
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LOT 10 O `~
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\ N 65.
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% LOT 11
N LOT 22 ,.....,_ ,
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0 20' 40' LOT 23 ` �'� s `'Al_ .. •
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SCALE: 1' a 40'
DATE: 7-12-05