HomeMy WebLinkAboutRes 2018-20RESOLUTION 2018-20
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 PUBLIC UTILITY AND DRAINAGE EASEMENTS on
PLAT 506A, BLOCK 4, LOT 7, AS RECORDED IN BOOK 159, PAGE 30,
RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-03)
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 the certain ten foot (10) public utility and drainage
easement, on Plat 506A, Block 4, Lot 7, Fountain Hills, as recorded the Office of the
County Recorder of Maricopa County, Arizona, Book 159 of Maps, Page 30, 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,
March 6, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
Linda M. Kavanagh, Mayor
REVIEWED BY:
Grady E. Miller, Town Manager
ATTESTED TO:
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Fredda J. Bisman, Town Attorney
Dickinson Wright, PLLC
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DATE: 2-12-18
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FINAL REPLAT 506—A, BLOCK 4, LOT 7
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the regional park to the north of Fountain Hills, which could have some affect on Fountain Hills' area
and Scottsdale's southern borders.
Mr. Myers asked for questions from Council. Mayor Kavanagh commented on the great partnership
with the Sonoran Conservancy and the Town. She indicated that everyone should know that Mr.
Myers was instrumental in these partnerships and she thanked him for his involvement and
commitment. Mr. Myers expressed that the trailhead access to the preserve would be a positive draw
for Fountain Hills.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bevelyn Bender answered none had been
received.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM JANUARY 30 AND FEBRUARY 6, 2018.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2018-20 ABANDONMENT OF THE PUBLIC
UTILITY AND DRAINAGE EASEMENT ON PLAT 506A BLOCK 4 LOT 705806 N. EAGLES NEST
DRIVE), AS RECORDED IN BOOK 159, PAGE 30 RECORDS OF MARICOPA COUNTY ARIZONA (EA
2018-03)
Councilmember Leger moved to APPROVE Consent Agenda items as listed and Councilmember Yates SECONDED
the motion.
A roll call vote was taken with the following results:
Mayor Kavanagh
Aye
Councilmember DePorter
Aye
Vice Mayor Brown
Aye
Councilmember Yates
Aye
Councilmember Tolis
Aye
Councilmember Magazine
Aye
Councilmember Leger
Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #3 - CONSIDERATION OF APPOINTING THREE (3) PLANNING AND ZONING
COMMISSIONERS TO EACH SERVE A TWO-YEAR TERM BEGINNING ON MARCH 7 2018, AND
ENDING SEPTEMBER 30, 2020.
Mayor Kavanagh MOVED to appoint N'Marie Crumbie, Scott Schossberg and Mathew Boik to each serve on the
Town of Fountain Hills Planning and Zoning Commission for a two year term beginning March 7, 2018 until
September 30, 2020 and Councilmember Leger SECONDED.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none had been received.
Mayor Kavanagh asked for a vote, which CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh thanked the new commission members appointed who bring their expertise to serve on this
Commission.
AGENDA ITEM #4 - CONSIDERATION OF A COOPERATIVE PURCHASE AGREEMENT CONTRACT
NUMBER C2018-083 WITH PRO EM PARTY AND EVENT RENTALS FOR UP TO $75 000.00 WITH THE
OPTION OF FOUR (4) ONE YEAR RENEWAL TERMS.
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