HomeMy WebLinkAboutRes 2015-42RESOLUTION 2015-42
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,
TITLE,OR INTEREST IT HAS IN THE CERTAIN HILLSIDE PROTECTION
EASEMENT LOCATED WITHIN THE LAS MONTANAS DEL SOL
SUBDIVISION,LOTS 4 AND 5,FOUNTAIN HILLS,ARIZONA.
WHEREAS,in conjunction with development of the Las Montanas Del Sol subdivision,
the prior owners granted the Town a Hillside Protection Easement over the areas with 10%or
greater slopes,as recorded with the subdivision plat on January 26, 2006, in the Maricopa
County Recorder's Office,in Book809,Page2 as Document No.2006-0115998 (the"HPE")as
depictedon Exhibit A,attachedheretoand incorporated hereinby reference;and
WHEREAS,the current owner of residential Lots 4 and 5 of the Montanas Del Sol
Subdivision, a/k/a 16431 and 16442 East Los Siete Court located within the Town of Fountain
Hills (the "Town"),as described on Exhibit B,which is incorporated herein by reference (the
"Property")desiresto constructhomesonthe Property;and
WHEREAS,on October 16, 2014, the Fountain Hills Town Council (the "Town
Council")adopted Ordinance 14-08,modifying the hillside preservation requirements to
eliminatethe need for a hillside protection easement for slope areas less than 20%; and
WHEREAS,there are currently no portions of the Property with hillside slopes in excess
of 20%;and
WHEREAS,the Town Council has determinedthat it is in the best interests of the Town
to abandon the HPE.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION L The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The HPE, located as shown on Exhibit A,is hereby abandoned.
SECTION 3. The Town Manger or authorized designee is hereby authorized and
directed to cause this Resolution to be recorded in the Maricopa County Recorder's Office.
SECTION 4. The Mayor, the Town Manager,the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to carry outthe purpose and intent
of this Resolution.
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