HomeMy WebLinkAboutRes 2007-34 RESOLUTION 2007-34
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 CERTAIN NO-BUILD EASEMENT AT THE
SOUTHWESTERLY PROPERTY LINE OF EAGLES NEST LOT 151, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 742 OF MAPS, PAGE 13 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 the certain No Build Easement(NBE), located at the southwesterly property
line of Eagles Nest Lot 151, Fountain Hills, as recorded in Book 742 of Maps, Page 13 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
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 21,
2007.
FOR THE TOWN OF FO TAIN HILLS: ATTESTED TO:
W. . Nichols, ayor Bevelyn J. en , T n Clerk
REVIEWED BY APP OVED AS TO FORM:
Timothy . ick ing, Town Manager Andrew J. McGuire, own Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
L. EAGLES NEST PARCEL 5 LOT 151
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LOT 151 `t
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���,��\ BUILD EASEMENT
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40 34'. ,A
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TOWN OF FOUNTAIN HILLS
McDOWELL MOUNTAIN 15L
PRESERVE
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0 15' 45' 75' °4,1
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SC 15 5 ALE: 1' = 75' 11
DATE: 6-1-07
Development Envelope Exhibit for:
Eagles Nest Lot 15 I
Ectq ies
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44)
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Retaining Wall R.O.W.
Easement(TYP•) r,
`1
30'Building / $ 8'P.U.E.
Setback
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40'Building
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40'Building ,=,:'- -�
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Lot Line(Typ.) J ' ' ;-- , 4 \ / 30'Building
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No Build Easement I , /6 ,/
(22,046.3 I sq. ft. •/,i o /
To Be Abandoned) l�/ • `,,
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/ / \i N
Development `
Envelope
Boundary
Legend: Lot Summary:
^'` Intermittent Wash Lot Area: 73,884 Sq. Ft.
L., Signature Date NORTH
This exhibit provides general site information that is approximate without warrantee,expressed or implied by EN LLC.The exhibit and information contained therein is Scale:1"=80'-0"
for presentation purpose only,and is not to be considered a legal or construction document.Final lot design is the sole responsibility of the Owner,and is subject to the 0 20 40 80
review and approval of all relevant governmental agencies,utility providers,and the Eagles Nest Committee of Architecture,Pease refer to The Eagles Nest Design
Review Guidelines and Declaration of Covenants,Conditions,Restrictions and Easements for Eagles Nest for more specific information.June 12,2007