HomeMy WebLinkAboutRes 2007-46 /
RESOLUTION 2007-46
(tope 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 DRAINAGE EASEMENT AT
THE NORTHERLY PROPERTY LINES OF PLAT 401A, BLOCK 1, LOT 13B,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 11,
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
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That these portions of the drainage easement, located at the northerly property line
of Plat 401A, Block 1, Lot 13B, Fountain Hills, as recorded in Book 155 of Maps, Page 11 records of
Maricopa County, and as more particularly shown in Exhibit"A"and described in Exhibit"B", 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
kly, 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 AD PTED BY the Mayor and Council of the Town of Fountain Hills, August
2,2007.
FOR THE TOW OF NTAIN HILLS: ATTESTED TO:
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W. J. Nichols, Ma or evelyn J. Ben r, To n Clerk
REVI 1,111111° APP ED. S TO FORM:
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Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
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EXHIBIT " A"
DRAINAGE EASEMENT ABANDONMENT
PLAT 401-A BLOCK i LOT 13-B
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D.E. DRAINAGE EASEMENT
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MONTGOMERY: c
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EXHIBIT"B" •
Drainage Easement Abandonment
Fountain Hills Final Plat 401A Block 1 Lot 13B
A part of Fountain Hills Final Plat 401A Block 1 Lot 13B as recorded in Book 400, Page 49, and
easement abandonment as recorded in docket 95-0567548,Maricopa County Records,;Maricopa
County, Arizona, more particularly described as follows:-
. . :......-
Commencing at the Westerly lot corner of Lot 13B;
Thence North 59 degrees 40 minutes 04 seconds East,;along;said Westerly lot line, a distance of
22.60 feet to the POINT OF BEGINNING;
Thence continuing along said Westerly lot line North 59 degrees 40 minutes 04 seconds East, a
distance of 58.69 feet;
Thence departing said lot line North 81 degrees 46 minutes 01 seconds East, a distance of 41.99
feet;
Thence South 76 degrees 43 minutes 18 seconds East, a distance of 57.33 feet to a point on the
Easterly lot line of Lot 13B;
Thence continuing along said lot line South 25 degrees 27 minutes 03 seconds West, a distance
LP' of 15.68 feet;
Thence departing said lot line North 73 degrees 47 minutes 12 seconds West, a distance of 74.60
feet;
Thence South 59 degrees 40 minutes 04 seconds West, a distance of 90.49 feet to a point on the
Southerly lot line of Lot r3B;
Thence departing said Southerly line North 27 degrees 06 minutes 16 seconds East, a distance of
18.58 feet to the POINT OF BEGINNING.
Containing 1,719.75 square feet, more or less, subject to all existing easements.
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DAVID R.
MONTGOMERY
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ENGINEERING & MANAGEMENT, L.L.C.
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Ngyember 3, 2006
Randy Harrel
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RE: Plat 401A Block 1 Lot 13B
Release of Drainage Easement
Attn: Mr. Harrel
At the above noted lot, there is an existing platted drainage easement along the northerly and
westerly lot lines. My client, Fountain Hills Quality Builders, would like to abandon portions of
the easement that are not inundated during a 100-year rainfall.
Attached is a drainage exhibit we prepared showing data from Maricopa County's Flood
Delineation Study and the current FIRM Flood Map placed onto a current topographic survey of
the lot. The flood information was adjusted two feet higher to match the Town Datum used for
the topography plan.
Two portions of the lot are shown to be inundated during a 100-year rainfall which are proposed
to remain within a drainage easement, the remainder of the drainage easement is proposed to be
released.
Please review and comment on the data provided and the proposed release of drainage easement.
Copies of the FIRM map and flood study are included for reference only.
Contact me anytime you have questions.
Sincerely,
D______S 07/7----
David R. Montgomery, P.E.
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16716 E. Parkview Avenue, Suite 204•Fountain Hills,Arizona 85268
(480) 837-1845 • (480) 837-8668 fax 0 dmontgomeryl@gwest.net