HomeMy WebLinkAboutRes 1995-57^
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RESOLUTION NO.'9 SS-S7
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA
AUTHORIZING AND DIRECTING THE MAYOR OR TOWN
MANAGER AND TOWN CLERK TO EXECUTE THE
ATTACHED AMENDMENT TO THE DECLARATION OF
RESERVATIONS FOR PLAT NO.302 AND SETTING FORTH
THE CONDITIONS FOR SUCH AUTHORIZATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
Section 1.ThattheTownistheownerofcertainrealpropertylocatedwithinPlatNo.302
more commonly known asLots1&2ofBlock5.FinalPlat 302,at Docket 10716,pages 731
through734,Records of MaricopaCounty,Arizona.
Section2.ThattheTownhasbeenrequestedtosignanamendmenttotheDeclarationof
Reservations for Final Plat No.302 in the form attached to this Resolution as Exhibit A and
incorporated herein.
Section 3.Thatthe Mayor and/or Town Manager and Town Clerkare,hereby,authorized and
directed to execute the Amendment to Declaration set forth in Exhibit A and to return said
executed copyfor recordation tothepartyso requesting.
Section4.ThatitisspecificallyunderstoodandagreedbytheFountainHillsTownCouncil
thatthe authorization toexecutethis Amendment doesnotinanywayorany manner legally or
equitably bindorrequireeitherthisCounciloranyfutureCouncilto approve any rezoning of
thesubjectpropertyinPlatNo.302unlesssuch zoning orrezoningispursuanttoavalid
legislative act of the Town Council.
Section 5.ThattheTown Council understands thatthezoning attached toall parcels of
propertywithintheTownofFountainHillsmayoftenbedifferentthanthezoningdesignation
containedinthe restrictive covenantsforthoseproperties;and,thattheexecution of theattached
documentdoesnotreflectanyvoteoftheTownCouncilregardingthecurrentzoningofanyof
the parcels in Final Plat No.302.
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PASSEDANDADOPTEDBYthis7thdayofSeptember,1995.
FOR THE TOWN OF FOUNTAIN HILLS:
John M^&itillo,Mayor
REVIEWED BY:
K Paul WhrHin Tnu/n MsPaulM>rdin,Town Manager
ATTESTED TO:
Cassie Hansen,Town Clerk
APPROVED AS TO FORM:
WilliamE.Farrell,TownAttorney
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September 8,1995
TO:PROPERTY OWNERS IN FOUNTAIN HILLS PLAT 302
RE:Removal of Use Restriction
Dear Property Owner:
Approximately oneyearagoyou signed an Amendment tothePlat302 Declaration
removingtheuserestrictiononcertainlotsinPlat302regardingmedicaluse.ThatAmendment
wasnotrecordedatthattime;however,wearepreparedatthistimetoproceedwiththat
Amendment.Giventhepassageoftime,werequestyour indulgence onceagain.Wouldyou
pleasesigntheencloseddocumentandreturnitto:
MCO Properties,Inc.
P.O.Box 17795
Fountain Hills,Arizona 85269
Thank you again for your assistance.
Sincerely,
BEUS,GILBERT &MORRILL,P.L.L.c.
RQJ/sjw
Enclosures
10101\MCO\OWNERS.LTR
Rodtfey Q^/Jarvis,on behalf of
MQM*roperties,Inc.,theDeclarant
\%«ia/
After Recording Returnto:
RodneyQ.Jarvis,Esq.
BEUS,GILBERT &MORRILL.P.L.L.C.
Suite 1000 Great American Bank
3200 North Central Avenue
Phoenix,Arizona 85012
AMENDMENT TO DECLARATION OF RESERVATIONS
FOUNTAIN HILLS.ARIZONA.FINAL PLAT NO.302
MARICOPA COUNTY.ARIZONA
THIS AMENDMENT TO DECLARATION OF RESERVATIONS is made and entered
intothisdayof ,1995,bythe undersigned parties,being allofthe
ownersofrealpropertywithinFinalPlatNo.302,Fountain Hills,Arizona(the "Owners").
RECITALS
TheOwnersherebyacknowledgeandconfirmasfollows:
A.That certain Declaration of Reservations for Final Plat No.302,recorded June
27,1974,atDocket10716,pages731through734,OfficialRecordsoftheMaricopa County
Recorder,Arizona (the "Declaration")provides thatLots1,2,3,5,6,7,and8of Block 1and
Lots1,2,3,4,5and6 of Block3arelimitedtousagesolelyfor hospital/medical related
facilities.
B.The undersigned Owners areallofthe Owners of record ofall real property
subjecttotheDeclaration.
C.The Owners desire to amend the Declaration to remove the restriction tousefor
hospital/medical related facilities from the lots listed in Paragraph A,above.
AMENDMENT
TheOwnersherebyamendtheDeclarationas follows:
10101\KCO\AMENDMEN.302
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1.Thefirstfull paragraph onpagetwo of the Declaration shall hereafter read
as follows:
DECLARANT shallappointa Committee of
Architecture,hereinafter called "Committee",
consisting of five (5)persons,atleastone(1)of
which shallbeaMaricopa County resident.
Declarant,foraperiod of thirty(30)yearsfromthe
date of this Declaration of Reservations,shall have
thepowerto create and fill vacancies onthe
Committee.At theend of saidthirty-yearperiod,
vacanciesonthe Committee shallbefilledthrough
a procedure adopted bya majority of thethenlot
owners.Ifamajority of thethenlotownersdonot
adopt such a procedure within90 days of the
expiration of such thirty-year period,Declarant shall
havetheright,butnottheobligation,toadopta
procedure for the creation and filling of vacancies
onthe Committee.Notwithstanding anythingtothe
contrary contained herein,afterthe expiration ofthe
thirty-year period,a majority of thethenlotowners
shall havetheright,atanytime,toestablishor .
amend the procedure for the creation and filling of
vacanciesonthe Committee,and may override any
other procedure previously established by Declarant.
2.The following language is removed from the seventh full paragraph on
page two of the Declaration:"ACCEPT [sic]THAT Lots 1,2,3,5,6,7 and 8of Block 1,and
Lots 1-6,Block 3,shall be limited to usage solely for hospital/medical related facilities".
3.The seventh full paragraph on page two of the Declaration shall hereafter
read as follows:
"THAT alllotswithinthisfinalplatshallbe
designated as C-l NEIGHBORHOOD
COMMERCIAL EXCEPT that,notwithstanding any
other provisions contained in this Declaration,such
lots shall be restricted tothose professional business
useswhichare first approved bytheCommittee of
Architecture,provided that such professional
businessusesshall include,butnotbelimitedto,
the improvement or occupancy of the premises as
medicalanddental offices orcenters,banking,
savings and/or loan institutions,law,architectural,
10101\HCO\AMENDHEN.302
engineeringandaccounting offices,andsuchother
(^professional support or incidental business as said
Committee shall reasonably deem appropriate;and
thatLot7,Block4,of saidPlatmaybeused,
improvedandoccupiedforservicestation purposes;
4.Except as expressly amended by Amendment of Declaration of
Reservations,theDeclaration,andallprovisionsthereof,shallremaininfullforceand effect.
5.Itis expressly acknowledged by theundersignedOwners,thatthis
Amendment of Declaration of Reservationsmaybeexecutedincounterpart.
IN WITNESS WHEREOF,theundersignedOwnershave executed this Amendment of
Declaration of Reservations,as of the date set forth above.
MCOProperties L.P.aDelawarelimited
partnership
By:MCOPropertiesInc.,aDelaware
corporation
Its:General Partner •
\&|ffip/
By:.
Its:
STATE OF ARIZONA
County of Maricopa )
The foregoing instrumentwas acknowledged beforemethisday of
,1995,by who acknowledged himselfto
MyCommissionExpires:
10101\KCO\AMBNDMBN.302
bethe of MCO Properties Inc.,a Delaware corporation,which is the
General Partner of MCO Properties L.P.,a Delaware limited partnership,for and onbehalfof
thecorporation.
NotaryPublic
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STATE OF ARIZONA
County of Maricopa )
OWNERS:
TOWN OF FOUNTAIN HILLS,a
municipalcorporation
By.
Its ^7a^i4^
The foregoing instrument was acknowledged beforemethis c£/a£dayof
^5<^>fcmb<-r 1995,bvCTohnA^.GjL^^D .who acknowledged himself to be the
fYwuior-if the Town of FountainHills,amunicipalcorporation,foranonbehalf of the
corporation.
My Commission Expires:
X0101\MCO\AMENDMEN.302
0FFIQIAL.6EAL
CASSIE 6.HANSEN
NOTARY PUBLIC-ARIZONA
MAJUCOPA COUNTY
Mycomm.expiresJuly 6,1998
Notary Public
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