HomeMy WebLinkAboutRes 1997-42Resolution Number 1997.42 Easement Abandonment Plat 432, Lot 4, Block 2 - 9/4/97
RESOLUTION 1997 - 42
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST
IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS
ALONG THE NORTHEASTERLY LOT LINES OF LOT 4, BLOCK 2, OF PLATS 432,
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 23, RECORDS
OF MARICOPA COUNTY, ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject
offers of dedication of private property by easement, deed, subdivision, plat or other
lawful means; and
WHEREAS, All present utility companies have received notification of the proposed abandonment;
NOW, THEREFORE be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona, as follows:
Section 1. That the certain twenty (20) foot public utility and drainage easements, located along the
northeasterly property lines of Plat 432, Block 2, Lot 4, Fountain Hills, Arizona; as
recorded in book 155 of maps, page 23 records of Maricopa County, Arizona; are hereby
declared to be abandoned by the Town of Fountain Hills.
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 this 4" day of September, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTEST:
Jerold L. Miles, Mayor Cassie B. Hansen, Town Clerk
REVIEWED BY:
APPROVED AS TO FORM:
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
Exhibit A
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See Town of Fountain Hills original packet to view:
See attachment (map)
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Meeting of 1997-9-04 Regular Session
10:1N
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 4,1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles
at 6:30 P.M., Thursday, September 4, 1997, in the Fountain Hills Town Hall Council Chambers, located
at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag by Cub Scouts Chase Moore, Shane Moore, Daniel
Hare and Kyle Johnson and the invocation given by Councilman Lawrence, roll call was taken. Present
for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice
Mayor Bill OBrien and Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and
Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town
Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel
and Planner Geir Sverdrup,
Mayor Miles read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF
AUGUST 18TH, 1997.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE PURCHASE OF TWELVE
PORTABLE RADIOS AND NINE MOBILE RADIOS BY THE MARSHALS DEPARTMENT TO
COMPLETE THE CONVERSION TO "TYPE - 2" RADIOS APPROVED IN THE FY 97-98
BUDGET.
AGENDA ITEM #4 - CONSIDERATION OF AWARDING THE MOWING CONTRACT TO E/G
MANAGEMENT, INC. IN THE AMOUNT OF $25,040.
AGENDA ITEM #5 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT
WITH MARICOPA COUNTY PROVIDING FOR THE COSTS TO TOWN DETENTION OF
PERSONS ARRESTED AND INCARCERATED IN THE MARICOPA COUNTY JAIL AS
WELL AS THE AGREEMENT FOR THE TOWN'S OBLIGATIONS REGARDING MEDICAL
SERVICE FOR THESE PERSONS.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1997-42 ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY PROPERTY
LINE OF LOT 4, BLOCK 2, PLAT 432, (15079 ESCONDIDO DRIVE), AS RECORDED IN
BOOK 155 OF MAPS, PAGE 23 RECORDS OF MARICOPA COUNTY, ARIZONA, WITH
STIPULATION. (CARLSON, PAMELA - EA 96-29).
Councilman Lawrence MOVED to approve the Consent Agenda as read. Councilman Apps
SECONDED the motion. A roll call vote was taken with the following results:
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Councilman Poma
Aye
Councilwoman Wiggishoff
Aye
Councilman Apps
Aye
Councilman Lawrence
Aye
Councilman Mower
Aye
Vice Mayor O'Brien
Aye
Mayor Miles
Aye
The motion CARRIED.
AGENDA ITEM #7 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob reviewed the monthly report for the month of August, 1997. He stated 467 cases had been
filed and that 63 hearings, trials and conferences had been held during the month of August. His staff has
been in training all month for the new ACAP Program scheduled to begin in early September. He said
there was an average 86% collection rate for delinquent fines.
AGENDA ITEM #21 - CONSIDERATION OF THE FINAL PLAT FOR "PUEBLO VISTA
CONDOMINIUMS" A FOUR UNIT CONDOMINIUM PROJECT LOCATED AT 12836
MOUNTAINSIDE DRIVE AKA LOT 10 BLOCK 3 FINAL PLAT 601-A CASE #S97-036
Planner Geir Sverdrup stated there were no changes since the approval of the preliminary plat.
Councilwoman Wiggishoff MOVED to approve Pueblo Vista Condominiums final plat, Case #S97-036.
Councilman Poma SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #10 - UPDATE ON PROPOSED OFF -LEASH AREA AT GOLDEN EAGLE
PARK.
Town Manager Nordin stated that an unlit, fenced -in area used as a hardball field in the northwest
section of Golden Eagle Park was the location for a proposed dog run on a trial basis. He said the dogs
would be under their owners' control and the owners would be expected to clean up after their dogs.
Mayor Miles was concerned about the condition of the area for the use as a baseball field after being
used as a dog run. Councilman Apps questioned the guarantee of enforcement and mentioned since fees
were charged for usage of the field, the field should be in pristine condition. Vice Mayor O'Brien asked
about the Town's liability. Town Attorney Bill Farrell stated the dog owners would be liable for their
dogs. Councilman Lawrence said he had no objection to allowing the dog run on a trial basis.
Hazel Freeland, President of Fountain Hills Little League, objected to the use of the hardball field as a
dog run and cited safety and health issues for ball players as a major concern.
Councilman Apps MOVED to deny staff the authorization to permit the use of Golden Eagle Park
hardball field as an off -leash area for a dog run. Councilman Poma SECONDED the motion.
Councilwoman Wiggishoff stated emphasis was needed to be placed on dog owners' responsibilities and
appropriate signage was needed as well. The motion failed with a 6-1 roll call vote. Councilman Apps
cast the aye vote.
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