HomeMy WebLinkAboutRes 2006-42 RESOLUTION 2006-42
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 PROPERTY LINE OF PLAT
401B, BLOCK 2, LOT 11, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
155 OF MAPS, PAGE 12 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 twenty (20') foot public utility and drainage easement,
located at the northerly property line of Plat 401B, Block 2, Lot 11, Fountain Hills, as recorded in Book
155 of Maps, Page 12 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.
[SIGNATURES ON FOLLOWING PAGE]
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August
3, 2006.
FOR THE TOW OF FOUNTAIN HILLS: ATTESTED TO:
C�-\Y\
1
W. . Nich s, Mayor B ,
REVIE BY: APP OVED AS TO FORM:
Timothy G. Pickering, Toy+rrl ager Andrew J. McGuire, Town Attorney
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TOWN OF FOUNTAIN HILLS
,, PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town ouncil DT: June 19, 2006
FR: Art Candelari RE: Easement Abandonment -EA06-09
Randy Harrel ) � 10423 N. Nicklaus Drive
Reviewed: Tom Ward Plat 401B, Block 2, Lot 11
This item on the Town Council's agenda is a proposal to abandon portions of the twenty(20')foot public utility and
drainage easements located at the northerly property line of Plat 401B,Block 2,Lot 11,(10423 N.Nicklaus Drive)
as shown in Exhibit"A". The property owners desire the assurance that any future improvements made to the lot
will not be infringed upon by the construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved the
proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the
Town's general interest in the easement. It is the professional opinion of the Engineering Department that
there is no need for the Town to retain the drainage easement proposed to be abandoned, with the
understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The
property owners of Lot 11 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2006-42, subject to the following stipulation:
■ Grant a 5'x10' public utility easement at the southwest corner of the lot for existing and future
utility boxes.
Enc: Resolution
Exhibit
c: Steve &Regina Gierszewski
Adjacent Property Owners
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TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
cisio-
PLAT 401 B BLOCK 2 LOT 11
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P.U.E. {BY SEPARATE
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DATE: 6-13-06 /
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