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HomeMy WebLinkAboutRes 2007-46 / RESOLUTION 2007-46 (tope A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN DRAINAGE EASEMENT AT THE NORTHERLY PROPERTY LINES OF PLAT 401A, BLOCK 1, LOT 13B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 11, 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 these portions of the drainage easement, located at the northerly property line of Plat 401A, Block 1, Lot 13B, Fountain Hills, as recorded in Book 155 of Maps, Page 11 records of Maricopa County, and as more particularly shown in Exhibit"A"and described in Exhibit"B", 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 kly, 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 AD PTED BY the Mayor and Council of the Town of Fountain Hills, August 2,2007. FOR THE TOW OF NTAIN HILLS: ATTESTED TO: r W. J. Nichols, Ma or evelyn J. Ben r, To n Clerk REVI 1,111111° APP ED. S TO FORM: • . ..(A...i .....L.410.6.....e...- -.- A ti Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney L , r v j EXHIBIT " A" DRAINAGE EASEMENT ABANDONMENT PLAT 401-A BLOCK i LOT 13-B 0 II LEGEND Ss ,_ D.E. DRAINAGE EASEMENT --1 w U Q D.E. RETAINED cn 38.38' h J , N 84'37'58'' 41,83,jo, �� • „E6. 73 POINT �`' ... ..„ N 73'4 2„ :. : o o..:.:. . . .:.if mow. 5 , . . . , /��6°� : :/� 4 6� �• " �: copc� D.E. ABANDONED / co o N 27'06'16'' E i �.E. 18.58'NED LOT 13-B 12.18 N es. ooIP i, ; / O Q =8s.i 1 ryrya//` -! 36 ,0, et t CATk. F' Co 41 ii o`er 21549 9 I Lr DAVID R. -` MONTGOMERY: c e Signed ' j 44/20NA, use 4f/ ' / EXHIBIT"B" • Drainage Easement Abandonment Fountain Hills Final Plat 401A Block 1 Lot 13B A part of Fountain Hills Final Plat 401A Block 1 Lot 13B as recorded in Book 400, Page 49, and easement abandonment as recorded in docket 95-0567548,Maricopa County Records,;Maricopa County, Arizona, more particularly described as follows:- . . :......- Commencing at the Westerly lot corner of Lot 13B; Thence North 59 degrees 40 minutes 04 seconds East,;along;said Westerly lot line, a distance of 22.60 feet to the POINT OF BEGINNING; Thence continuing along said Westerly lot line North 59 degrees 40 minutes 04 seconds East, a distance of 58.69 feet; Thence departing said lot line North 81 degrees 46 minutes 01 seconds East, a distance of 41.99 feet; Thence South 76 degrees 43 minutes 18 seconds East, a distance of 57.33 feet to a point on the Easterly lot line of Lot 13B; Thence continuing along said lot line South 25 degrees 27 minutes 03 seconds West, a distance LP' of 15.68 feet; Thence departing said lot line North 73 degrees 47 minutes 12 seconds West, a distance of 74.60 feet; Thence South 59 degrees 40 minutes 04 seconds West, a distance of 90.49 feet to a point on the Southerly lot line of Lot r3B; Thence departing said Southerly line North 27 degrees 06 minutes 16 seconds East, a distance of 18.58 feet to the POINT OF BEGINNING. Containing 1,719.75 square feet, more or less, subject to all existing easements. ..4 4.0 1 /0 7. q ." 21549 , DAVID R. MONTGOMERY • ��iZONA, 0 S p' A , ONTGO - VA ENGINEERING & MANAGEMENT, L.L.C. s Ngyember 3, 2006 Randy Harrel Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RE: Plat 401A Block 1 Lot 13B Release of Drainage Easement Attn: Mr. Harrel At the above noted lot, there is an existing platted drainage easement along the northerly and westerly lot lines. My client, Fountain Hills Quality Builders, would like to abandon portions of the easement that are not inundated during a 100-year rainfall. Attached is a drainage exhibit we prepared showing data from Maricopa County's Flood Delineation Study and the current FIRM Flood Map placed onto a current topographic survey of the lot. The flood information was adjusted two feet higher to match the Town Datum used for the topography plan. Two portions of the lot are shown to be inundated during a 100-year rainfall which are proposed to remain within a drainage easement, the remainder of the drainage easement is proposed to be released. Please review and comment on the data provided and the proposed release of drainage easement. Copies of the FIRM map and flood study are included for reference only. Contact me anytime you have questions. Sincerely, D______S 07/7---- David R. Montgomery, P.E. j 16716 E. Parkview Avenue, Suite 204•Fountain Hills,Arizona 85268 (480) 837-1845 • (480) 837-8668 fax 0 dmontgomeryl@gwest.net