HomeMy WebLinkAboutRes 1994-62RESOLUTION 1994-62
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS,ARIZONA ACCEPTING FROM
MCO PROPERTIES LP.ALL RIGHT,TITLE,AND INTEREST THEY
POSSESS TO CERTAIN REAL PROPERTY LOCATED IN FOUNTAIN
HILLS,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 acquire property
within the corporate limits of the Town of Fountain Hills;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,It is the express Intention of MCO Properties L.P.to convey said interest to
the Town of Fountain Hills;
NOW THEREFORE,be it resolved by the Mayor and Common Council of the Town of
Fountain Hills,Arizona as follows:
SECTION 1.That the Mayor and the Common Council of the Town of Fountain Hills,
Arizona accepts by deed any and all interest possessed by MCO Properties
L.P. in the real property as more fully described and depicted in "Exhibit A"
attached hereto.
SECTION 2.That upon presentation of proper documentation reviewed by the Town
Attorney and certified by the Town Engineer,the Mayor and Town Clerk are
hereby authorized and directed to accept the deed for the real property
and are Instructed to record the Special Warranty Deed of November 18,
1994 and a copy of this Resolution in the Office of the Maricopa County
Recorder for notice to the world as acceptance by the Town of Fountain
Hills of this property.
Resolution 1994-62
page 1 of 2
L
PASSED AND ADOPTED this Jst_day of December,1994.
FOR THE TOW OF FOUNTAIN HILLS:ATTEST:
5aul L/Nordin
Town Manager
John M/Q/tillo,Mayor Cassie B.Hansen
Town Clerk
APPR(
nam E.Farrell
Town Attorney
Resolution 1994-62
page 2 of 2
>%0/When recorded,
return to:
MCO Properties Limited Partnership
16838 E.Palisades Blvd.
Fountain Hills,AZ 85628
Attn:Vincent Pellerito
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT is made this ^P^day
of"\bfl?^w\v P:1994 by MCO Properties L.P.d/b/a MCO Properties Limited Partnership
(the "Grantor"),the Town of Fountain Hills (the "Grantee")and Pulte Home Corporation,
a Michigan corporation ("Pulte") with reference to the following:
A.Grantor is the record owner of certain real property located in Fountain Hills,
Maricopa County,Arizona,a portion of which is described on Exhibits "A-l"and "B-l"
attached hereto and incorporated herein by reference (the "Easement Areas"). Such
Easement Areas are respectively depicted on Exhibits "A-2"and "B-2"attached hereto.
B.Grantorintends to convey to Grantee and Pulte an easement over, across and
through the Easement Areas,on the terms provided herein.
NOW,THEREFORE,for good and valuable consideration,receipt of which is
hereby acknowledged,the parties agree as follows:
1.Easement.Grantor hereby grants to Grantee,and Pulte and Pulte's
successors and assigns, a non-exclusive easement upon and across the Easement Areas.The
easement and rights and privileges herein granted shall be used for purposes of storm water
drainage from Monterey Drive only.Grantee and Pulte shall not grade or improve real
property adjoining the Easement Areas or take any other actions, as may unreasonably
increase storm water flows over the Easement Areas.
2.Conditions.The grant of easement is subject to the following conditions and
limitations:
a.Grantee and Pulte and Pulte's successors and assigns agree to be bound
by all existing terms, provisions and conditions of any easements, restrictions, covenants,
conditions,reservations,or other encumbrances now in existence and affecting all or any
part of the Easement Areas.
b. Pulte and Pulte's successors and assigns shall maintain the Easement
Areas.
c.Grantee and Pulte and Pulte's successors and assigns shall each indemnify
Grantor and hold it harmless from any liability or loss arising out of the rights and
responsibilities respectively granted Grantee and Pulte hereunder including without
limitation Grantee's and Pulte's use and Pulte's maintenance of the Easement Areas,unless
Grantor's misconduct or grossnegligence causes such liability or loss.
d.Grantee and Pulte and Pulte's successors and assigns shall in all events
cooperate as reasonably requested by Grantor so asto minimize any disruption or use of
the Easement Areas caused by exercise or discharge of Grantee's and Pulte's rights or
obligations hereunder.
3.Character of Agreement and Easement. This agreement, and rights,
obligations,andeasement granted hereunder are perpetual and binding onthe parties.The
rights and obligations contained herein are intended to and shall burden the Easement
Areas.
4.Termination of Easement.
a. This agreement and the easement hereunder shall not be terminated by
vesting of rightsto the Easement Areas and the ownership thereof in the same personor
person,but only as provided herein.
b. This agreement and easement hereunder may be terminated by the
agreement of the parties,ortheir successors-in-interest.Such termination shall take effect
upon recordation of awritten memorandum of such agreement,signed by all such persons,
properly notarized and suitable for recordation (the "Memorandum").The parties
acknowledge that it is their intention that Pulte and Grantee shall relinquish their rights
hereunder when Grantor hascaused infrastructure to be installed upon the Easement Areas
or elsewhere to reasonably accommodate the storm water drainage which traverses the
Easement Areas asprovidedhereunder(the "Infrastructure").Therefore, the parties agree
that twenty (20)days after notice from Grantor to Grantee and Pulte that Grantor has
caused the Infrastructure to be constructed,Grantee and Pulte shall deliver counterparts
of the Memorandum to Grantor.
5.Miscellaneous.
a. Entire Agreement This instrumentcontainsthe entireagreementbetween
the parties relating to the rights herein granted and obligations herein assumed.Any oral
representations or modifications concerning this instrument shall be of no force and effect
excepting subsequent modification in writing,signed by the party to be charged,or as
otherwise provided herein.
%^b. Attorneys'Fees.In the event of any controversy,claim or dispute among
the parties relating to this agreement or the breach hereof,the prevailing party shall be
entitled to recover from the losing party actual attorneys'fees,court costs and litigation
expenses incurred in connection therewith.
c.Severability.If any clause, sentence, or other portion of the terms,
conditions,covenants,and restrictions of this agreement shall become illegal, null or void
for any reason,or be held by a court of competent jurisdiction to be so, the remaining
portion shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this instrument on the
day and year above written.
"Grantor""Grantee"
MCO PROPERTIES L.P., a Delaware THE TOWN OF FOUNTAIN HILLS
limited partnership A
By:MCO Properties Inc., a Delaware By:
corporation,general partner
Title:M ouuftr
:<ToU M-CWJ
Approved as to form:By:(T^
NarriW.\.^(As^^tos
Title:V \cjl~Piuz*i~i>t,<rr
"Pulte"
"own Attorney
PULTE HOME CORP a Michigan corporation
cWgme:^&*^/J.M//i/>^//
Title:^»^^r Jj^sta/.Asia**^<^S
STATE OF ARIZONA §
§
COUNTY OF MARICOPA §
The foregoing instrument was acknowledged before me this O^u^mJ^oi^f ,1994,by Q.^r-y*~6J~*<>,as -^Ca^u /^i*UJU*cf of
MCO Properties lib.,general partner of MCO Properties L.P.on behalf of that partnership.
OFFICIAL SEAL
\4SS\6A3P.IELE E.DESROSIERS
?•:kf W^£J H NOTARY PUBLIC-ARIZONA§MARICOPA COUNTY
My comm.expires Jan.26,1996
STATE OF ARIZONA
COUNTY OF MARICOPA
Notary Public in and for the
State of Arizona
The foregoing instrument was acknowledged before me this Jkttm Lu\<=^l,1994,
by CTbkyv m.QuLitlift ,as M>«lmor of the
Town of Fountain Hills.
OFriQiAL eeAi
CASSIE B.HANSEN
NOTARY MBLIC-ARIZONA
MARICOPA COUNTY
My comm.expires July 6,1998
STATE OF ARIZONA
COUNTY OF MARICOPA
.gjMor
Notary Public in and for the
State of Arizona
The foregoing instrument was acknowledged before me this W*-"/ST --
1994.bv TJurrr^uQ ff.^ncUhLMJl .as 6L*~A Uj
of tWt corporation.*of Pulte Home Corporation,a Michigan corporation,on behalfof that corporation
-~riTiii iii mjjjj.1 ui^j..^w=—
OFFICIAL :.>t.'VL
LINDA L HEABERLIN
RT2IJNA-
MARICOPA COUNTY
My comm.txslrii tdpt.h 1996
Jt-^L A
Notary Public in and for the
State of A&IT0/U 4~
Exhibit "A"
LEGAL DESCRIPTION FOR MONTEREY DRIVE
A portion of Sections 26,Township 3 North,Range 6 East:oftto
Gila and Salt River Base and Meridian,Fountain Hills,Maricopa
County,Arizona more particularly described as follows:
Commencing at the intersection of Shea Boulevard and SaguaroBouTevard?from which the West Quarter Corner of-»x<l Section 26
hoars North 58 deqrees 04 minutes 17 seconds West a distance orl!88?40 feet^Whence North 42 degrees 50 minutes 00 seconds EastalongthemonumentlineofSaguaroBoulevardadistance^105^00
feet to the intersection with the center line of Monterey Drive,
thence South 47 degrees 10 minutes 00 seconds East a distance of55TofeettoapointontheeasterlyrightofwaylineofSaguaroBouSevard;said point being the POINT OF BEGINNING»"""^^
47 dearees 10 minutes 00 seconds East along the center line orMontereToriveadistanceof60.00 feet to the beginning of atangentcurveconcavesoutherlyandhavingaradiusof250.00 feet,
thence along the arc of said curve through a.central angle of 28degrees40minutes00secondsanarclengthof125.081 feet,thence
*„,,*•*,in dearees 30 minutes 00 seconds East a distance of w*-^fe:thto18theegbreegYnn\ng of atangent curve concave southwesterly andhavingaradiusof^-OO feet;thence along the arc of^curv.
lenatfor 9Tm fee?f^enle^Sou^ho"degrees 31 minutes 00 secondsEasfadistanceof117.80 feet to the beginning of a tangent curveconcave^westerly and "having aradius of ^noL^S d^ree^I
*-k«o-r-^of Qaid curve throuqh a central angle ot 55 aegrees atminutes41secondHrarclengthof390.34 feet;thence departingsaidcenteriTneSOUth49degrees34minutes09secondsEasta
^stance of 30 43 feet;thence South 41 degrees 38 minutes 22seconasE^st a distance'of 5.00 feet to a point on the ewterly
riahtof wav line of said Monterey Drive,said point being the
beginning of a non-tangent curve concave westerly and having a
radiCs of 435.00 feet,a radial line passing through said pointbearsSouth'40 degrees 19 minutes 20 seconds East;thence
:nrougrat^r\\°naVlhe%fr00legraeeds 7^^^^°.n Irelengthot5£fee^thence South 50 degrees 27 minutes 30 seconds
Wesfa distance of 247.02 feet to a point on the northerly right ofwafltnfof^a^oulevard,said point being on anon-tangent curve
f-oncave southwesterly and having a radius of 6997.49 teet,a raa^Une pissing throughsaid point bears North 50 degrees «-xnutes
41.9 seconds East;thence northwesterly along the arc of said curve
,:ri said riaht of way through a central angle of 00 degrees Jiminutes2349secondsanarclengthof70.00 feet to the westerly
right of way line of Monterey Drive;thence departing Shea
L.N.726
GWN
9/27/94
Page 1 of 4
Exhibit "A"
Boulevard,North 50 degrees 27 minutes 30 seconds East along the
westerly line of Monterey Drive a distance of 247.02 feet to the
beginning of a tangent curve concave westerly and having a radius
of 365.00 feet;thence along the arc of said curve through a
central angel of 55 degrees 58 minutes 30 seconds an arc length of
356.59 feet;thence North 05 degrees 31 minutes 00 seconds West a
distance of 57.17 feet to a point on a non tangent curve,said
curve being concave westerly and having a radius of 370.00 feet, a
radial line passing through said point bears South 86 degrees 05
minutes 12 seconds East;thence northerly along the arc of said
curve through a central angle of 22 degrees 24 minutes 48 seconds
an arc length of 144.74 feet;thence North 18 degrees 30 minutes 00
seconds West a distance of 494.29 feet to the beginning of a
tangent curve concave westerly and having a radius of 220.00 feet;
thence along the arc of said curve through a central angle of 28
degrees 40 minutes 00 seconds an arc length of 110.07 feet to a
point of compound curve, said curve being concave southerly and
having a radius of 20.00 feet,a radial line passing through said
radius bears North 42 degrees 50 minutes 00 seconds East;thence
along the arc of said curve through a central angle of 90 degrees
00 minutes 00 seconds an arc length of 31.42 feet;thence North 47
degrees 10 minutes 00 seconds West a distance of 40.00 feet to a
point on the easterly right of way of Saguaro Boulevard;thence
North 42 degrees 50 minutes 00 seconds East along said right of way
a distance of 50.00 feet to the POINT OF BEGINNING.
L.N.726
GWN
9/27/94
Page 2 of 4
Exhibit "A1
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PAGE 3 of 4
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EXHIBIT A-l
SUNRISE POINT
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
November 1, 1994
BEING A PORTION OF SECTION 26,TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF
SHEA BOULEVARD,AS RECORDED IN BOOK 15 OF MAPS,PAGES 54 AND 55,
MARICOPA COUNTY RECORDER,AND THE WESTERLY RIGHT-OF-WAY LINE OF
MONTEREY DRIVE,SAID INTERSECTION BEARS SOUTH 55°25'27"EAST,A
DISTANCE OF 2280.68 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION
26;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF
SHEA BOULEVARD,BEING A CURVE CONCAVE SOUTHWESTERLY WHOSE
CENTER BEARS SOUTH 50°10'19"WEST,A DISTANCE OF 6997.49 FEET,THROUGH
A CENTRAL ANGLE OF 00°26'07",AN ARC LENGTH OF 53.16 FEET;
THENCE NORTH 55°48'13"EAST,A DISTANCE OF 248.57 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE,CONCAVE NORTHWESTERLY,WHOSE
CENTER BEARS NORTH 39°32'30"WEST,A DISTANCE OF 335.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 55°58'30",AN ARC LENGTH OF 327.28 FEET;
THENCE NORTH 84°29'00"EAST,A DISTANCE OF 30.00 FEET TO A POINT ON
SAID WESTERLY RIGHT-OF-WAY LINE OF MONTEREY DRIVE,SAID POINT BEING
ON A CURVE CONCAVE NORTHWESTERLY,THE CENTER OF WHICH BEARS SOUTH
84°29'00"WEST,A DISTANCE OF 365.00 FEET;
THENCE SOUTHEASTERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF
MONTEREY DRIVE,THROUGH A CENTRAL ANGLE OF 55°58'30",AN ARC LENGTH
OF 356.59 FEET;
THENCE SOUTH 50°27*30"WEST,A DISTANCE OF 247.02 FEET TO THE POINT OF
BEGINNING.
A-l
I<EHHpqJ>RAINAGE_EASEMENTN39*32'30"W335.00'WESTERLYR.O.W.A=O0-26"07R=6997.49*L=53.16"WESTQUARTERCORNERSECTION26c<EXHIBIT
EXHIBIT B-l
SUNRISE POINT
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
November 1,1994
BEING A PORTION OF SECTION 26,TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN,MARICOPA COUNTY,ARIZONA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF
SHEA BOULEVARD,AS RECORDED IN BOOK 15 OF MAPS,PAGES 54 AND 55,
MARICOPA COUNTY RECORDER,AND THE EASTERLY RIGHT-OF-WAY LINE OF
MONTEREY DRIVE,FROM WHICH THE WEST QUARTER CORNER OF SECTION 26
BEARS NORTH 54°57'24"WEST,A DISTANCE OF 2348.08 FEET;
THENCE NORTH 50°27 30"EAST,ALONG SAID EASTERLY RIGHT-OF-WAY LINE
OF MONTEREY DRIVE,A DISTANCE OF 20.00 FEET TO A POINT ON A CURVE
CONCAVE SOUTHWESTERLY,THE CENTER OF WHICH BEARS SOUTH 50°44'39"
WEST,A DISTANCE OF 7017.49 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°
08'15",AN ARC LENGTH OF 506.74 FEET;
THENCE SOUTH 54°52'53"WEST,A DISTANCE OF 20.00 FEET TO A POINT ON THE
SAID NORTHERLY RIGHT-OF-WAY LINE OF SHEA BOULEVARD,SAID POINT BEING
ON A CURVE CONCAVE SOUTHWESTERLY,THE CENTER OF WHICH BEARS SOUTH
54°52*53"WEST,A DISTANCE OF 6997.49 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 04°08'12",AN ARC LENGTH OF 505.19 FEET TO THE POINT OF BEGINNING.
8-i
CMIpqEHMORAINACE_EASEMENTN39'32'30"W335.00'WESTERLYR.O.W.OFMONTEREYDRWESTQUARTERCORNERSECTION26O0"26'076997.49"53.16'rCEXHIBIT