HomeMy WebLinkAboutSettlement Agreement JE Booth Farms LLCSETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made between J.E. Booth
Farms, LLC, a North Carolina limited liability company and the Town of Fountain Hills, an
Arizona municipal corporation.
RECITALS
A. On or about April 2, 2024, J.E. Booth Farms filed a Verified Complaint in
Maricopa County Superior Court, Case No. CV204-007228 (the "Dispute"), seeking to quiet title
to its interest to use a portion of a parcel of real property owned by the Town of Fountain Hills,
identified as Assessor's Parcel Number 176-01-434 ("Parcel F"), which had been historically
used for ingress and egress to property owned by J.E. Booth Farms, APN 176-01-373 ("Lot 30").
B. Each Party has made a careful and independent investigation into the facts
deemed by such Party to be material to the covenants and agreements set forth herein, and all
past, present, or potential disputes or claims existing among the Parties. Because of the desire
of the Parties to resolve these matters, and because of the expense and uncertain outcome of any
litigation involving such claims, the Parties desire to enter into this Agreement to resolve the
Dispute. Each Party believes that this Agreement is in their best interest, and each Party
represents that the Agreement is the product of a compromise and settlement of disputed claims.
In consideration of the good and valuable consideration exchanged by the Parties, the
receipt and sufficiency of which is acknowledged, the Parties enter into this Agreement:
AGREEMENT
1. The foregoing Recitals are true, accurate and correct, specifically incorporated as
part of this Agreement as if fully stated herein.
2. This Agreement shall not be construed as a confession or admission of any liability,
or other fault in connection with any matter or thing by any party and/or third party related to this
Dispute, but rather as a decision to settle and compromise disputed claims.
3. The Town agrees to execute and record a perpetual, appurtenant access easement
for the benefit of Lot 30 over a portion of Parcel F for access to Lot 30 in the form attached here
as Exhibit 1 ("Access Easement").
4. Within five (5) days of the later of the Effective Date or the recording of the Access
Easement, Plaintiff shall dismiss the Dispute with prejudice.
5. This Agreement is intended as a complete release of all claims existing between the
Parties arising out of or related to the Dispute to the date of this Agreement. Conditioned upon the
execution of this Agreement and satisfaction of the conditions set forth herein, the Parties agree
that, except as to claims that arise out of this Agreement, each Party, on behalf of itself and anyone
who may claim through it, agrees to waive and release any and all claims, causes of action,
damages, including reasonable attorneys' fees and costs, civil liabilities or suits, whether known
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or unknown, asserted or unasserted, in any manner against the other (including their respective
elected officials, successors, assigns, employees, representatives, agents, attorneys, officers,
affiliates, directors, shareholders, members, beneficiaries, insurers, and heirs), relating to or arising
out of this Dispute to the date of this Agreement.
6. This Agreement is intended only to define the respective rights and obligations of
the Parties. Nothing expressed herein shall create any rights or duties in favor of, nor relied upon
by, any potential third -party beneficiary or other person, agency, entity, or organization.
7. Neither Party may assign any right or delegate a duty or responsibility under this
Agreement without the prior written consent of the other Party.
8. The Parties understand and agree that, in the event any term, condition or provisions
of this Agreement shall be declared invalid, illegal, or unenforceable, such invalidity, illegality or
unenforceability shall not affect any other term, condition or provision of this Agreement, and this
Agreement shall be interpreted as though such invalid. illegal or unenforceable, term, condition
or provision was not a part hereof.
9. The Parties understand and agree that this Agreement contains the entire Agreement
of the Parties and any prior or contemporaneous agreements, understandings or representations,
written or oral, are merged herein and cxtinguished. This Agreement may not be amended or
modified, except by written instrument signed by all Parties (or their respective authorized
attorney(s) or other representative(s)) and approved by the Town of Fountain Hills Town Council
at a duly noticed public meeting.
10. This Agreement shall be governed by and construed in accordance with the laws
in the State of Arizona and is subject to cancellation by the Town pursuant to A.R.S. § 38-511, the
terms of which are incorporated here by this reference.
11. The Parties represent that they have relied upon the advice of their attorneys, who
are the attorneys of their own choice, concerning the legal consequences of this, that the terms of
this Agreement have been completely read and explained to the Parties by their attorney(s), and
the terms of the Agreement are fully understood and voluntarily accepted by the Parties. Neither
this Agreement, nor any provision thereof, shall be deemed prepared or drafted by one Party or
another, or it's attorneys, and shall not be construed more strongly against any Party.
12. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
13. This Agreement shall be conditioned upon the execution of the Agreement by all
Parties. The Effective Date shall be the date of the last Party's signature.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the undersigned executed this Agreement on the dates below:
TOWN OF FOUNTAIN FELLS
y Dick , Mayor
J t TH FARMS, LL
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/LitiO/60
5� Se406/6
Aldres,
EXHIBIT 1
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When recorded return to:
Town of Fountain Hills
Attn: Town Clerk
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268
AFFIDAVFI' EXEMPT
A.R.S. § 1 1-1 134 (A)(3)
ACCESS EASEMENT
This ACCESS EASEMENT is made effective this day of 2024 between the
Town of Fountain I tills, an Arizona municipal corporation ("Town") and J.E. Booth Farms, LLC, a
North Carolina limited liability company ("J.E. Booth Farms").
WHEREAS the Town acquired certain real property by Special Warranty Deed from MCO
Properties, L.P. d/b/a MCO Properties Limited Partnership, Maricopa County Recorder ("MCR") 97-
0208849, which included "Parcel F" on the Town of Fountain Hills Plat No. 111, MCR 150-12 ("Parcel
F"), subject to, in pertinent part, "rights or claims of parties in possession and casements or claims of
easements not shown by the public records."
WHEREAS a portion of Parcel F, as described in the attached Exhibits A (legal description)
and Exhibit B (survey), has been used since at least 1976 to access Lot 30, Block 7, Town of Fountain
Itills Plat No. 111, MCR 150-12, APN 176-01-373 ("Lot 30").
WHEREAS J.E. Booth Farms acquired Lot 30 by Special Warranty Deed from BCE USA,
LLC, an Arizona limited liability company, MCR 2017019967.
WHEREAS the Town and J.E. Booth Farms now desire to formally record an access casement
over the portion of Parcel F that has been used historically to access Lot 30 and which includes a paved
driveway.
NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable
consideration which is hereby acknowledged, the Town grants and conveys to J.E. Booth Farms a
perpetual easement over the portion of Parcel F identified in Exhibit A and Exhibit B to be held
appurtenant to and for the benefit of Lot 30 exclusively for access to/from Lot 30 ("Access Easement"),
which shall include the right to construct and maintain a paved driveway. Any improvement(s)
constructed within the Access Easement for access to Lot 30 shall be at the sole cost and responsibility
of the then -owner of Lot 30. Nothing in this Access Easement shall cause any driveway constructed
within the Access Easement to become public.
GRANTOR: TOWN OF FOUNTAIN HILLS
By:
Dated:
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this _ day of 2024 by
Notary Public
My Commission Expires:
Exhibit A
LEGAL DESCRIPTION
ACCESS EASEMENT
FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 111, PORTION OF PARCEL "F"
A portion of the southeast quarter of Section 10 & northeast quarter of Section 15,
Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona, described as follows:
A portion of Parcel "F", of Fountain Hills Arizona Final Plat No. 111, according to the plat of
record in the office of the county recorder of Maricopa County, Arizona, recorder in Book
150, Page 12, and more particularly described as follows:
Commencing at the southwest corner of Lot 30, Block 7 of said Plat 111, said corner being
on the northerly right-of-way line of Westby Drive and the POINT OF BEGINNING;
Thence south 62 degrees 45 minutes 00 seconds west along said right-of-way a distance
of 30.00 feet:
Thence departing said right-of-way north 27 degrees 15 minutes 00 seconds west a
distance of 20.00 feet, to the beginning of a tangent curve concave northeasterly and
having a radius of 1700.00 feet;
Thence continuing along said curve through a central angle of 04 degrees 13 minutes 15
seconds, an arc length of 125.24 feet;
Thence north 68 degrees 00 minutes 00 seconds east, a distance of 30.00 feet, to a point
on the northwest corner of Lot 30, Block 7 of said Plat 111, and non -tangent curve
concave northeasterly and having a radius of 1670.00 feet;
Thence continuing along said curve through a central angle of 04 degrees 12 minutes 10
seconds, an arc length of 122.50 feet;
Thence south 27 degrees 15 minutes 00 seconds east a distance of 20.00 feet to the
POINT OF BEGINNING.
This Easement contains an area of 4,316.24 square feet more or Tess.
TOWN OF FOUNTAIN HILLS
ACCESS EASEMENT
EXHIBIT "B"
FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 111, PARCEL
"F", 150-12 MCR
1 N68'00'00"E r30_00'(C /N68'00'00''E
20' P.U.E.&D.E.
CURVE DATA:
0 =04'13'15"(C)
R=1700.00'
L=125.24'(C)
0 L =04'12'10"
R=1670.00'
L=122.50'
0 6, =0414'20"
R=1730.00.
L= 127.99'
0 R=1105.00'
L=26.40'
MIRAGE CONDO 85
BOOK 392, PAGE 41
UNIT 1:APN 176-01-825
UNIT 2: APN 176-01-826
N 27'15'00"W
20.00'
N27'15'00"W�
20.00'
S62'45'00"W I...';.:
(C) CALCULATED
4/
0 15' 30'
SCALE: 1' = 30'
DATE: 4-24-2024
S62'45'00"W
30.00'
WESTBY DR
NEW ACCESS
EASEMENT
EASEMENT AREA: 4,316.24 SF
N68'00'00 "E
110.00'-
20' P.U.E.&D.E.-
OWNER:
J E BOOTH FARMS LLC
PLAT 111, BLK 7, LOT 30
BOOK 150, PAGE 12
APN 176-01-373
NEW 30' ACCESS
EASEMENT
S27'15'00'E
20.00'
POINT OF
BEGINNING