HomeMy WebLinkAboutRes 2017-25RESOLUTION 2017-25
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 GENERAL PUBLIC AND PEDESTRIAN
ACCESS EASEMENTS LOCATED IN TRACTS Al AND A2 (THE PRIVATE
ROADWAY TRACTS) OF THE DIAMANTE DEL LAGO PLAT, AS RECORDED IN
BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH
STIPULATIONS. (EA 2017-03)
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 General Public and Pedestrian Access
Easements located in Tracts Al and A2 (the private roadway tracts) of the Diamante del Lago
Plat, as recorded in Book 516, Page 17, records of Maricopa County, Arizona, 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, December 5,
2017.
FOR THE TOWN OF FOUNTAIN HILLS
REVIEWED BY:
ATTESTED TO:
!,
.'.u,�,.9
.�'LL.�
APPROVED AS TO FORM:
r
Gra E. er, Fredda JJ3, man, DickinsonWright PLLC
Town Ma ager Interim -"own Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A", SHEET 1 OF 2
DIAMANTE DEL LAGO FINAL PLAT (BOOK 516, PAGE 17)
' 1 lti I ' "' 1 11 I L -%
127 / 124 13 1 4�
•`
126 125 �
30 29 28 27 26
33 32 31 --- "—
25
34 ' 37 38 39 40 41 % TRAM
FOUNTAINHEAD AT
��� � �'
LAKESIDE VILLAGE / 24,
,- ARRIBA DEL ;
LAGO 14 23 UNSUBDIVIDED
� 35 1.5 15 22
�0 1 � �
12 16 j 21
171 t 20
Q 5 10 t t 37
6 I i 8/ 19 36 r—
1 7 �35
2 8 �. •
4
4� SUNSCAPE3 / 92 i
DR a2 '
ABANDON GENERAL DIAMANTE
PUBLIC & PEDESTRIAN -%2�'� 8 9 - DEL LAGO
23 7 ACT
ACCESS EASEMENTS6 ' f
IN TRACT A-1 22 TRACT N f
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Z I �� I I TRACT M SOL t l
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6
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X52 PUERTO DELq% 1
it 46 % i X53 LAGO e. �, f
45 _ 201
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II E
S
0 150' 300'
SCALE: 1` = 300'
DATE: 9-28-17
4 I 57 / `� 00") p LAND
1 55 60 22 � �, ��,� 1 Cq
43� 56 QS /61 `� F,y `t�`
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41 63 67 ,�' HARREL
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A", SHEET 2 OF 2
DIAMANTE DEL LAGO FINAL PLAT (BOOK 516, PAGE 17)
RANCHO
MONTANA
o ,
39 t t
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GRANDE BLVD
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l
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MIRAGE HEIGHTS
♦```rPq�T „ CONDOMINIUMS
� 8 ' 72 � `♦
1 BONITA 6` FONTANA
1 � 3 o s DR �� `�� WAY
ss`
/ 6p - -
.` S9 S8 S> ss
N ABANDON GENERAL
9 S,
♦ . 95 PUBLIC & PEDESTRIAN 4
I
s
DIAMANTE � I
DEL LAGO
i 96 ACCESS EASEMENTS
9l' IN TRACT A-2
BELLA LAGO 9 Sod,
CONDOMINIUMS ,goo, 491 , 1
c�' I I I 1
�♦ O 10 ;r `
DIAMANTE 47, ;
DEL LAGO j 46.
i 106 ` I
AA_
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L � 3 � C
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No s� � 139 ,
��F ICA Tf �L
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Ax- RANDY L. '° 1 r3� 111Z I ' 7jQ , 40 �.
S HARREL t i A c T ',
2J6 1 1 1'� J �r F 39 I
125' 250' $� -� T-- •�
e s� kv 1 las ' CAgSs��
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III
1" �
•/ •5 •P.
SCALE: � 250' �YA �j ` 734 1 1�`
DATE: 9-28-17�� ` -