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HomeMy WebLinkAboutRes 1995-57^ L 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. 'ASS^FAIL 5tlON _ SECOND _ COUNT _ -n^p FH-.RES 1of2 • • C 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 FH--.RES 2 of 2 c C 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 \jj^/ 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 C \^/ 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 18