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HomeMy WebLinkAboutRes 1997-27L RESOLUTION 1997-27 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,MARICOPA COUNTY,ARIZONA ABANDONING A PORTION OF A HILLSIDE EASEMENT TO PERMIT THE CONSTRUCTION AND MAINTENANCE OF A SEWER LINE BY THE FOUNTAIN HILLS SANITARY DISTRICT. WHEREAS,Fountain Victoria Partnership granted tothe Town of Fountain Hillsa Hillside Protection Easement forthe preservation of hillside landat10401NorthSaguaro Boulevard;and WHEREAS,The Fountain Hills Sanitary District is placing a sewer lineinapublicutility easement ina public utility easement located along the eastern sideofthe Little Fountains Condominium siteat 10401 North Saguaro Boulevard;and WHEREAS,Thelocationofthe sewer lineisnearthewestern border ofthepublicutility easement;and WHEREAS,The Fountain Hills Sanitary District needstoplacesaid sewer lineasdeepas30 feet in order to maintain the gravity flow;and WHEREAS,Thewidth necessary to safely digathirty(30)footwide trench requires an additional fifteen (15)feet wide and300 long of public utility easement;and WHEREAS,Portions ofthe additional public utility easement are located inanarea presently blanketed bya Hillside Protection Easement granted tothe Town of Fountain Hills forthe preservation of the native Sonoran desert andthe hillside area of the Little Fountains Condominium project;and WHEREAS,The trenching and subsequent maintenance requirements of the sewer line destroy the purpose and intent of the Hillside Protection Easement; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1.The Hillside Protection Easement as shown in Attachment "A"is hereby abandoned. PASS/?FAIL . ion JL^^yxiiu- SECOND j££iY\A^_____ COUNT _^Tl^rl__. 2^2=31 L PASSED AND ADOPTED this third day of July,1997. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: REVIEWED BY: m.>aul p.Nordin,Town Manager Cassie B.Hansen,Town Clerk APPROVED AS TO FORM: William E.Farrell,Town Attorney N.C.A. /07 ^ppops&vePe/)S£M£ur PRO/>6EW£X £/\S€M£A/f Fftri 50'P' 25"REARSETBACK S06'38'2rw1107.63'RECORD,1107.43'MEASURED fortMcdowellIndianreservation 3 SCALE:/"=40' 2040