HomeMy WebLinkAboutRes 2015-45RESOLUTION 2015-45
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 FIREROCK COMMERCE PARK,LOT
1,FOUNTAIN HILLS,ARIZONA.
WHEREAS,in conjunction with development of the Firerock Commerce Park,a
Hillside Protection Easement was dedicated to the Town of Fountain Hills (the "Town"),as
recorded with the Final Plat of Firerock Commerce Park on July 23, 2008, in the Maricopa
County Recorder's Office,in Book 997, Page 28 as Document No.2008-0642600 (the "HPE")
as depicted on Exhibit A,attached hereto and incorporated herein by reference;and
WHEREAS,the current owner of Lot 1 of the Firerock Commerce Park,a/k/a 9511
Technology Drive,located within the Town,as depicted on Exhibit A (the "Property"),desires to
construct an industrial building on the 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
eliminate the need for a hillside protection easement for non-residential property in commercial
and industrial zoning districts;and
WHEREAS,the Property is currently zoned industrial (IND-2 I.U.P.D.)and is limited to
non-residential uses;and
WHEREAS,the Town Council has determined that it is necessary and proper to abandon
the HPE.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1.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 out the purpose and intent
of this Resolution.
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