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HomeMy WebLinkAboutRes 2009-32RESOLUTION 2009 -32 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY AND EASTERLY PROPERTY LINES OF Plat 204, Block 9, Lot 9, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, 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 easements, located at the northerly and easterly property lines of Platt 204, Block 9, Lot 9, Fountain Hills, as recorded in Book 142, Page 10 of Maps„ 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. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 20, 2409. FOR THE TOWN OF FOUNTAIN HILLS: 1�37-d`T- a chlum, Mayor REVIEWED BY: -PLw� Richard . Davis, Town Manager ATTESTED TO: s, I r IN31312Wel. 011derftown Clerk AP VED AS TO FORM: ( - ) I , I " Andrew J. McGuirW, Town torney RETAIN 10' P.U.E. ABANDON D.E. r r r r r Q .Q 0 oc 1 � as N �1 Li s 0 15• 30' mm6mmr SCALE_ 1' - 30` DATE: 7 -30 -09 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 204 BLOCK 9 LOT 9 ��O.Od BLOCI, 9 LOT 9 c r s y e � r r r ABANDON 10' P.U.E. & D.E. r r r 1 l` 14 1 1� 1 16 �1 001 1 i l p LAlyp SG� �%f f CATS" P` 18545? 0 RANDY L '0 HARREL a O