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Home My WebLink AboutRes 2007-53 RESOLUTION 2007-53 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 DRAINAGE EASEMENT LOCATED ON FIREROCK COUNTRY CLUB, PARCEL H-2, LOT 6, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 505 OF MAPS, PAGE 38, 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. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1. That the certain 20'(twenty foot)drainage easement, located on Firerock Country Club,Parcel H-2, Lot 6, Fountain Hills,as recorded in Book 505 of Maps,Page 38, Records of Maricopa County,and as more particularly described in Exhibit A,attached hereto and incorporated herein by reference,is 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 filiw 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. PASSE 1 ' D ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 20, 7. FOR THE TOW .F FOUNTAIN HILLS: ATTESTED TO: Cam, A Ma W.J. Nichol- M- •r Bevelyn J.Be er, wn Clerk REVI WED • AP O /E AS 7 FORM: x Kate anon, Interim Town Manager Andre J.McGuire,Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT L EXHIBIT "A" FIREROCK PARCEL H2 LOT 6 \ , N E A= 0014.48' R = 1020.00' L = 10.38' 814:'6183.:4490: ABANDON r3 ..., ho , • '...4 ... . 61 i tif 4,1 O. ‘.4 .:). \ ,A= 2214'44" 1 61.41 \E; i i IA • ve. .biN, 77 A lb \ .ta. L ra LOT 6 P417-) -11 4, in co , PROPOSED 20' D.E. • to ; Ei , •N A. (BY 3.: SEPARATE—. zl -. r Ix A i ; INSTRUMENT) , \ ..,. - , \ - \ Isal , \ , ok..°,... li A= 04"40142“ ; •-, R = 420.00' L = 34.30' — • N fr gls.li.% c \ . _... 8-4112253.7------ — 0 LAND so N liTyy ,, \ ' e cf 18545 11? -1,-;, RANDY L ''' HARREL et S , 0 le yr So AP/ MMUIllimmeMEMMOM SCALE 1" . 30' DATE: 10-3-07 Ll \ 49124VTOZ-U.5't.. 0 ri 1\0,11,i �O��TAIN�l��cn TOWN OF FOUNTAIN HILLS o Y. �, TOWN COUNCIL ma- • - --- AGENDA ACTION FORM *hat is pay' Meeting Date: 12-20-07 Meeting Type: Regular Agenda Type: Consent Submitting Department: Engineering Staff Contact Information: Randy Harrel,Town Engineer,480-816-5112, rharrel@fh.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: Consideration for approval of RESOLUTION 2007-53 abandoning whatever right, title, or interest the Town has in the certain twenty foot(20')wide drainage easement located in Firerock Country Club, Parcel H- 2, Lot 6(9245 Lava Bluff Trail) as recorded in Book 505 of Maps, Page 38, Records of Maricopa County, Arizona, with stipulations. EA07-22(Martinez) 1 Applicant: Sarah Martinez. Applicant Contact Information: 1408 E. Lowell, Gilbert, AZ 85296, 480-917-1437. Property Location: 9245 Lava Bluff Trail. dated Ordinance, Policy or Guiding Principle: Not applicable. Staff Summary(background): This item on the Town Council's agenda is a proposal to abandon the 20'foot drainage easement in Firerock Country Club, Parcel H-2, Lot 6, (9245 Lava Bluff Trail)as shown in Exhibit"A". The property owner will grant a replacement drainage easement by separate instrument as shown in the Grant of Easement in Exhibit"A"and construct a storm drain in that easement. The property owner wants to reconfigure the drainage easement to be able to better place his proposed house on the lot. Staff has reviewed the applicant's engineer's drainage report; the proposed replacement storm drain and drainage easement will be adequate to contain and convey the drainage flow. Staff has received one letter to date from adjacent property owners(attached, with Staff response letter). It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, after the completion and the easement grant for the proposed storm drain,with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 6 are required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications): Not applicable Fiscal Impact(initial and ongoing costs; budget status): Not applicable Recommendation(s) by Board(s) or Commission(s): Not applicable Staff Recommendation(s): Staff recommends approval of Resolution 2007-53, subject to the following stipulations: • Grant a twenty foot(20')wide replacement drainage easement across the property for a new storm drain. • Construct a new storm drain across the property within the proposed replacement easement designed for the 10-year storm, and checked for the 100-year storm and verify that overland relief from this proposed storm drain will exit the property within the proposed drainage easement. • If the house construction will commence prior to completion and acceptance of the proposed storm drain, provide an adequate assurance of construction for the proposed storm drain and drainage related appurtenances. • Obtain an approval letter accepting ownership of the proposed storm drain from the Firerock Country Club Community Association. • Obtain an acceptance letter from the original subdivision design engineering company and the original subdivider(MCO Properties) indicating acceptance of the proposed relocation and piping of the storm drainage flow. SUGGESTED MOTION: Move to approve, with stipulations. Attachment(s): Resolution, Exhibit, 11-06-07 letter from Robert and Mary Giguere with Staff response letter. Submit ed y App ov . 12 1\-v/ bz 13 0--- nd rre, Town Engineer Date Town anager Dat Approved by: /1/71 /1, * -�7 T War , Director of ublic orks Date L RECEIVED NOV 0 7 2007 To: Judi Becker, Executive Assistant Art Candeleria, Civil Engineer BY: Town of Fountain Hills Public Works Department Nout be. Ootobcr 6, 2007 RE: Easement abandonment for 9245 Lava Bluff Trail, &Request for delay of Council consent agenda To Whom It May Concern: We are the owners of 9225 N. Lava Bluff Trail which is adjacent to 9245 N. Lava Bluff Trail, Fountain Hill,AZ. Although staff has received no comments to date from adjacent property owners,we received our first notification from the Town of Fountain Hills on November 5, 2007. We feel this is an inadequate notification for such a time sensitive issue. We also are concerned as to whether our neighbors have been notified. We do have engineering,personal and financial concerns regarding the easement request for 9245 N Lava Bluff Trail and would like to have them addressed by the Town and reviewed by our legal council before this matter is placed on the Town Council Consent Agenda. Questions regarding the easement: • Is the easement being relocated within the 30 foot rear setback? • Is the gross coverage increasing from the original coverage of the lot? • Is the Town of Fountain Hills aware if the original building envelope has been or will be altered by the Firerock Architectural Committee if the easement relocation is granted? • With the property being approximately 28,090 sq. ft. zoned Rl-35H P.U.D. will the Town of Fountain Hills 20%allowable coverage be enforced? • Please respond to Engineering concerns • Please explain the"construction commencing prior to completion and acceptance of the proposed storm drain" clause in your letter under staff recommendations. Is the Town going to allow construction to commence without a drainage resolution? • Has the original engineering firm for the development been consulted? • What public notifications and/or postings have been initiated prior to this letter? We considered purchasing 9245 N. Lava Bluff and were informed by The Town of Fountain Hills that the Town would not support and the Council would not likely approve the abandonment or relocation of the drainage easement. It was explained that the DE was designed with consideration for drainage of adjacent properties, our property being one of the adjacent properties. Now, a builder with an engineering report is requesting the DE be channeled directly in front of our residence. What has transpired to change the Town's initial response regarding this property? In addition,we were told it was unlikely Giguere EA07-22 Town of FOUNTAIN HILLS Public Works 0 that is Avvi' December 3, 2007 Mr. Robert Giguere 9225 N. Lava Bluff Trail Fountain Hills, AZ 85268 Re: Easement Abandonment for 9245 Lava Bluff Trail (EA07-22) Your letter of November 6, 2007. Dear Mr. Giguere: This letter is a follow-up to the questions in your letter of 11-6-07, and to our meeting (also attended by Art Candelaria) of 11-15-07, regarding the proposed Drainage Easement Abandonment for the above lot: • Drainage easement is being relocated within the 30' rear setback? Yes, partially. A drainage easement and drainage facilities are allowed within the building setbacks. • Is the gross coverage increasing? No. The building coverage amount will not be affected by abandonment of this easement. • Is the Town of Fountain Hills aware if the original building envelope has been or will be altered by the Firerock Architectural Committee if the easement relocation is granted? No. Governmental actions (such as this abandonment/relocation of the drainage easement) are totally separate from the contract law requirements of a Homeowners' Association(including modifications to the building envelope). Both approvals are necessary for an applicant to proceed. Presumably, the applicant won't actually be fulfilling the proposed stipulations until they also have HOA approval. • Will the Town's 20% allowable [building footprint] coverage be enforced? Yes, as was confirmed at our meeting by Robert Rodgers from the Town's Planning and Zoning Dept. L , Mr. Robert Giguere Page 3 December 4, 2007 scheduled to appear on the Town Council's January 3, 2008 agenda.) Unless you or someone else indicates that they would like to speak at the Town Council meeting regarding this abandonment, this item(like nearly all of the abandonments that the Town processes each year) will be placed on the Town Council's Consent Agenda, and will be acted upon without discussion. Please be assured that Town Staff carefully considers the potential ramifications of proposed abandonments, and the concerns of adjacent property owners, in its abandonment recommendations. If we can be of further assistance to you on this matter, please advise. Yours very truly, Randy . H.i el, f.E.,L.S. Town ngineer Attachments (to all cc:s): Your letter of 11-6-07 Revised Town Council Agenda Action Form w/attachments cc: Sarah Martinez (applicant) Marianne Wiggishoff/Firerock Country Club Community Association Jeremy Hall/MCO Properties Peter Vesecky/DEI Jonathan Stansel/Automated Civil Services Adjacent Homeowners Kate Zanon/Interim Town Manager Tom Ward/Director of Public Works Judi Becker—for EA07-22 file Art Candelaria Robert Rodgers Lie 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)837-2003-Fax(480)837-3145