HomeMy WebLinkAboutRes 2008-10RESOLUTION 2008 -10
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN DRAINAGE EASEMENT
LOCATED IN EAGLE MOUNTAIN PARCEL 4, LOT 8 (REPLATTED), FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 799 OF MAPS, PAGE 41 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 a portion of the certain drainage easement, located in Eagle Mountain Parcel
4, Lot 8 (Replatted), Fountain Hills, as recorded in Book 799 of Maps, Page 41 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
v 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, June 19,
2008.
FOR THE TOWN OF FOUNTAIN HILLS:
lrct^�
y chlum, Mayor
REV EWED B
Kate Zanon, Interim Town Manager
C
ATTESTED TO:
!.
AP VED AS TO FORM:
A rew . Wttuire, Attorney
EXHIBIT 'A?
RELEASE DRAINAGE EASEMENT
LOT 8 OF FINAL PLAT OF REPLAT OF EAGLE MOUNTAIN
PARCEL 4, LOTS 8 AND 9
LEGEND
(R) INDICATES RECORDED
(M) INDICATES MEASURED ail
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Sc �• Q
12.89'
_ S86'15'15 "E _ 45•a5r
158.62`' ' �y�6''�2' 4a�E �9
DRAINAGE TRUE POINT
EASEMENT ,^`�' ��, N 87.59' 53"E OF BEGINNING
_ _
175-40'
48.62
N83 47 52 41.56' i ''�
W N83'47 52'� S�� 28.42' ,� 9� 00- 09s'
14.20' S83 01 31 1N O�, ,pJ �':�
�'�2 ?Q �\, • RELEASE DRAINAGE EASEMENT
oQ 9
001
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DAMD R. s0\ Q��y ,h`L,��,� POINT 01
MONTGOMERY; CQ NC
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9 ° signed O "`\
EXHIBIT "B"
Release of Drainage Easement
Lot 8 of Final Plat of Replat of Eagle Mountain Parcel 4, Lots 8 and 9, as recorded in Book 799
Page 41, Maricopa County Records, Maricopa County, Arizona
Commencing the Eastmost corner of said Lot 8;
thence North 43 degrees 39 minutes 54 seconds West (measured), North 43 degrees 43 minutes
08 seconds West (record), along the Northeast line of said Lot 8, a distance of 93.08 feet to the
point of intersection of said line with the South line of a platted Drainage Easement;
thence departing said line, South 83 degrees 01 minutes 31 seconds West, along said line of said
easement, a distance of 28.42 feet to the TRUE POINT OF BEGINNING;
thence South 46 degrees 16 minutes 52 seconds West, a distance of 39.83 feet to a point;
thence North 83 degrees 47 minutes 52 seconds West, a distance of 41.56 feet to a point;
thence North 45 degrees 13 minutes 43 seconds East, a distance of 30.30 feet to a point;
thence North 87 degrees 59 minutes 53 seconds East, a distance of 48.62 feet to the POINT OF
BEGINNING.
Containing 1,133.43 square feet, more or less, subject to aU existing easements.
21549
DAVID R.
MONTGOMERY
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DOHRMANN ARCHITECTS INC Architects & Planners
Arizona License No. 29578 16810 Avenue of the Fountains #104
Florida License No. AR0014157 Fountain Hills, Arizona 85268
May 20, 2008
Mr. Randy Harrel
Town of Fountain Hills
16705 Avenue of the Fountains
Fountain Hills, AZ 85268
RE: Muscarello Residence — RES.2008.10 (EA07 -06)
Dear Randy:
Enclosed is a letter of approval from the Eagle Mountain Community Association for the
drainage easement revision at the Muscarello residence.
We were requested by the Town to obtain approval from the Association prior to
receiving Town Council approval. With approval now granted by the Association, we
would appreciate It If you would put the Item back on the Council agenda for approval
as soon as possible. Please let me know when the item will be scheduled for review by
the Council.
Thank you.
Sincerely,
Mark E. Dohrmann, AIA
Enc.
CC: Judy Becker
Tel: 480 - 889 -2342 / Fax: 480 - 8892343 E -Mail: markdohr@yahoo.com Cell Phone (602) 881 -7004
Ucesnsed Architect in Arizona, California, Florida, Minnesota and Texas
z�, 3P-- LepMr�-sclx RL-
2008/MAY /19/MON 04:16 PM TRI CITY PROPERTY
FAX No,4808442061
Eagle Mountain Community Association
c/o Tri -City Property Management Services, Inc
760 S Stapley Drive
Mesa, AZ 86204 -3400
48.0- 844-2224
P. 001 /001
May 12, 2008
MARCO MUSCARELE.O
9225 N CRIMSON CANYON
FOUNTAIN HILLS AZ 85268
RE: Eagle Mountain Architectural Review for:
-PROPERTY: 794008, 9225 N CRIMSON CANYON
Dear MARCO MUSCARELLO,
The Architectural Review Committee of the Eagle Mountain HOA is pleased to inform you that your recent
submittal Was APPROVED as noted for drainage easement. See architect's letter. Required hold harmless
agreements were approved by the board.
Please note that the Committee meets on the first Wednesday of the month. items for each meeting's agenda
should be received by Tri -City Property Management no later than the Friday 2t .12:00 p.m. before the review
meeting.
If you have questions regarding the Committee's decision, please contact me at 4SM44 -2224 ext 125 or
look forward to our next submission.
eanghel�tGpm.net. We y
Sincerely,
Elaine•Anghel, CMGA, AMS, PCAM, CAAM
General Manager