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An existing private street, sidewalk, trail, drainageway, utility and other easement shall not be accepted for designation under public domain until the Town Council has formally accepted by a public vote, the private streets, sidewalks, trails, etc. The satisfaction of the procedures and conditions set forth herein does not guarantee or obligate acceptance by the Town.

A. Whenever areas must be platted or re-platted in order to dedicate street rights-of-way, sidewalk, drainage and utility easements and other easements, the platting or re-platting shall conform to current Town Standards at the time of the request for acceptance

B. Where easement, liens, other property rights, rights to any person, utility or corporation have been previously dedicated, granted or otherwise conveyed, within the proposed rights-of-way, a release must be obtained from each person, utility or corporation agreeing to the change in ownership. A comprehensive title report showing all property interests in the property sought to be considered for acceptance shall be furnished to the Town at the time of the application.

C. A marketable title subject only to necessary public utility easements, must be deeded to the Town. Proof that no liens or taxes are due on the property to be deeded must be provided to the Town. Further, a warranty deed subject only to necessary public utility easements shall be provided. Upon acceptance by the Town, a title insurance policy shall be furnished by the applicant showing the title is vested in the Town, subject only to necessary public utility easements.

D. An environmental audit shall be prepared by a qualified environmental professional certifying that no known or potential environmental hazards exist with respect to the properties being considered for acceptance as public domain. This audit shall be submitted prior to consideration by the Town Council of the request for acceptance.

E. Only those streets, drainageways and rights-of-way for which an environmental audit certifies there are no known or potential environmental hazards on any of the property to be deeded or dedicated to the public may be considered for acceptance for maintenance by the Town; and

F. When appropriate, the Town Engineer may require a map and plat showing proposed right-of-way widths, building setbacks, sidewalk locations, easement widths and locations, curve data and other pertinent geometric details. This map or plat must be drawn to a scale of 1” - 50' (pr 1” =100' of receiving prior written approval form the Town Engineer) by licensed professional engineer or land surveyor. A complete legal description of the area being proposed for acceptance must also be submitted with the map or plat.

G. An hydrology report must be submitted showing all drainageways, drainage structures and 100 year storm (Q 100) flows on, crossing and/or impacting the private streets, sidewalks, trails, easements, etc. This hydrology report must include maps showing the source of the water, how the water flows over, and crosses, the property described for Town acceptance and how the waters flow into the major drainageways (such as Big Wash, Cañada del oro, etc).

H. The existing street construction details must be certified by a professional civil engineer licensed and registered in the State of Arizona. This certification must be accompanied by surveys, sketches, existing cross-sections and test borings for all streets giving the pavement material and drainage data including storm drainage analysis or current conditions. The design shall be one that met all reasonable engineering standards at the time of construction. The applicant shall furnish documents certified by a registered professional engineer stating that engineering design and construction standards, at the time of construction, were met. Further, in the event that streets were redesigned and/or reconstructed, the engineer shall certify that such redesign and/or reconstruction complied with Engineering Design and Construction Standards at the time of re-engineering or reconstruction.

I. The date of the construction of the street, trail, easement, etc. was completed and a history of maintenance including types of maintenance treatment and dates must be furnished.

J. After review of the submitted data by the Town Engineering and Planning and Zoning staffs, the Town Council shall hold a public hearing to consider acceptance, with notice of such hearing being published in one issue of the official newspaper used by the Town for publishing of legal advertisements, in accordance with the Town’s publication requirements for non-zoning matters, not less than 15 full calendar days prior to the date of such hearing.

K. The above requirements may be reduced or waived by the Town Council. The request for waiver or reduction shall be in writing and shall specify the reasons for the request. This request for waiver may be submitted prior to, or in conjunction with, the application. The request for waiver will be acted upon at a regularly scheduled Council meeting at which time the applicant, or the applicant’s representative, shall be present to respond to any Council inquiries.

L. The Town Council, after the public hearing, may render a decision as to whether it will accept, or not accept, the street, trail, easement, etc. Such decision shall be at the Town Council’s sole discretion. Formal approval of the Town Council shall be required to accept any street, trail, easement, etc.