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HomeMy WebLinkAboutProperty - Deeds/Titles - 6/3/2011, Quit Claim Deed, Lambert Lane Homeowners Assoc. (Grantor) to TOV, common area "A" of Lambe RF.eco ded ByIG �,, RECORDER 111131111111111111111111111111111111111111 I IIII IIII DEPUTY RECORDER oF FIN 4" 0� SEQUENCE: 20111540137 1951 r� W,� . ,� �;� Z NO. PAGES: 1 SOROV N � � ��i� ,,C QCDEED 06/03/2011 TOWN OF ORO VALLEY 1 ( i ( ] 9$IZOt"" 12:57 11000 N LA CANADA MAIL ORO VALLEY AZ 8573 JAN 2 2 2011 AMOUNT PAID: $8.00 When recorded, mail to: —AFFTDAVIT EXEMPT: A.R.S. 11-1134(8)(7) Town Clerk Town of Oro Valley 11000 N. La Canada Drive Oro Valley,AZ 85737 Quit Claim Deed For the consideration of the sum of Ten Dollars ($10.00) and other valuable considerations received, LAMBERT LANE HOMEOWNERS ASSOCIATION, an Arizona nonprofit corporation("Grantor")does hereby convey to TOWN OF ORO VALLEY,an Arizona Municipal Corporation("Grantee"),the real property legally described as follows: COMMON AREA "A" of LAMBERT LANE, according to the plat recorded in Book 41 of Maps and Plats at Page 41 in the official records of the County Recorder of Pima County,Arizona. IN WITH: . WHEREOF, Grantor has caused this Quit Claim Deed to be executed this /541 day of ,20 // . GRANTOR: LAMBERT LANE HOMEOWNERS ASSOCIATION, an Arizona nonprofit corporatio By: 7V, Its: President STATE OF ARIZONA ) ss. County of Pima ) The foregoingdocument was acknowledged before me this day of 20 '1 , by 33EL wits?"/ , for and on behalf of Lambert Lane Homeowners Association, an Arizona nonprofit orporation. L1111 NADMIRKOVIC ry PubNc-ANmnNotary Public Pima.cn�ni�Irea '�i ember 12.2014 My Commission Expires: ZEC-- Page 1of2 • Standish, Michael From: Rosen, Tobin Sent: Friday, April 01, 2011 8:25 AM To: Standish, Michael Cc: Valencic, Mike Subject: RE: Lambert Lane I would suggest two changes. First, when recorded, the deed should be mailed to the Town Clerk at the Town Hall address, not to the person listed at the top. We need the original deed for our records, not the HOA. Second, the grantee in the deed should be the"Town of Oro Valley, an Arizona Municipal Corporation", rather than the Town's Municipal Property Corporation. Thanks. Tobin Rosen Town Attorney Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 (520) 229-4760 Fax: (520) 229-4774 Caring for our heritage, our community, our future. Note: This message is attorney-client privileged and confidential and is intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender of this message by return e-mail, or by telephone at(520) 229-4760. From: Standish, Michael Sent: Friday, April 01, 2011 8:20 AM To: Rosen, Tobin Subject: FW: Lambert Lane Good Morning Tobin, Please review the attached Quit Claim Deed and let me know if it is acceptable. Thanks. Mike From: Valencic, Mike Sent: Friday, April 01, 2011 6:33 AM To: Standish, Michael Subject: FW: Lambert Lane Mike, Could you run this by Legal and see if it is acceptable. Seems to be a standard Quit Claim, and the description will work per the plat and general note 11, which lists"Common Area A"as private roads. I looked at 04/04/2011 Page 2 of 2 all sheets of the plat and there is no other areas listed as"Common Area A". ,e/./ 7p .-" v . "► /7 Vel/ ",. / ' '' .e' .+'"4,,'''',i 2A/ -04,A4C, de:10-6",#47.44-47761"40' .04w ce4,4-44/faw .+ ► .+"1 4,A.0,1 A AV AC' A ".fir ACP=wit !it- .ter . se, lir 4.1.t .r . AIPPAirdir Thanks, Mike From: Wendy Ehrlich [mailto:wehrlich@comcast.net] Sent: Thursday, March 31, 2011 4:23 PM To: Valencic, Mike Subject: Lambert Lane Mike- Here is a draft Quit Claim Deed for you to run by your legal department. Let me know if it meets with Oro Valley's approval. Wendy Ehrlich Wendy Ehrlich,Attorney PLLC 9671 N. Horizon Vista Place Oro Valley, AZ 85704 Tel: 520-229-1947 Fax: 520-229-1948 Email:wehrlich@comcast.net *********************************************************Confidentiality Notice ******************************************************** This electronic message contains information from the law firm of Wendy Ehrlich, Attorney PLLC which may be confidential or protected by the attorney-client privilege and/or the work product doctrine and is intended solely for the use of the addressee listed above. If you are neither the intended recipient nor the employee or agent responsible for delivering this electronic message to the intended recipient, you are hereby notified that any disclosure, copying, distribution or the use of the content of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify this firm by replying to this message immediately and deleting the original message. 04/04/2011 ... ..... ......„ P 1-1------- TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 21, 1994 HONORABLE MAYOR & COUNCIL TO:FROM: James DeGrood, P.E. Town Engineer SUBJECT: Acceptance of Streets within the Lambert Lane Subdivision SUMMARY: The Town of Oro Valley entered into a pre-annexation agreement with the Lambert Lane Subdivision which stated that the streets within the subdivision which are currently privately maintained and owned would be accepted into the public street maintenance upon: a) annexation; b) sealing of the street surfaces with a sealant acceptable to the Town Engineer; c) conveyance of six (6) foot roadway maintenance and utility easements across all properties fronting the existing private streets; d) replacement of all nonstandard traffic control devices with approved devices;and,e)conveyance of the roadway to the Town. The Lambert Lane Homeowners Association has performed on all counts except for the street sign replacement issue. The Town and the Association have an agreement for the replacement of these signs with the Town performing the replacement work and charging the Lambert Lane Homeowners Association for the cost incurred by the Town. This is acceptable to me. RECOMMENDATIONS: I recommend that we approve Resolution (R) 94-58 accepting the streets within the Lambert Lane Subdivision into the public maintenance system subject to the reimbursement of Town incurred expenses for the replacement of the existing street signs. MOTION: I move we approve Resolution (R) 94- 58 accepting the streets within Lambert Lane Subdivision. ATTACHMENT: Resolution (R) 94-. 58 ) own Engineer _....-----------•---ii Town Manager RESOLUTION (R) 94- 58 RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING INTO THE PUBLIC MAINTENANCE SYSTEM THE STREETS WITHIN LAMBERT LANE SUBDIVISION WHEREAS, the Town of Oro Valley and the Lambert Lane Subdivision have entered into a pre-annexation agreement which obligates the Town to accept the streets within the Lambert Lane Subdivision, upon performance of certain items, and, WHEREAS, the Lambert Lane Subdivision has performed the items stipulated to, in the pre-annexation agreement, relating to the acceptance of private streets, and, WHEREAS, it is mutually beneficial to the Town and residents of Lambert Lane Subdivision for the streets to be maintained by the public. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, THAT the Town does hereby accept into the public street system the streets within the Lambert Lane Subdivision. PASSED this 21st day of December 1994, by the Mayor and Town Council of the Town of Oro Valley, Arizona. Richard S. Parker, Mayor ATTEST: i• 6-4.441-6e) Kathryn/E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney F. ANN RODRIGUEZ, RECORDER (.1114DOCKET: 9730 RECORDED BY: OKG PAGE: 764 DEPUTY RECORDER " NO. OF PAGES: 12 111 2077 RD13 :411111111P/,'• / SEQUENCE 94030829 SOROV *wit sv/ 02/15/94 TOWN OF ORO VALLEY RES 12:04:00 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 7. 50 RESOLUTION NO. (R)94- 9 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, RATIFYING ITS ACTION JANUARY 19, 1994, APPROVING AND AUTHORIZING EXECUTION OF A PRE-ANNEXATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE LAMBERT LANE HOME OWNERS ASSOCIATION; AND DECLARING AN EMERGENCY. WHEREAS, the Arizona Revised Statutes § 9-500.05 empowers a municipality to enter into development agreements relating to property within the municipality and outside the incorporated area of the municipality by resolution or ordinance; and WHEREAS,the Town Council approved entering into a development agreement with the Lambert Lane Home Owners Association, which matter came before the Council at its regularly held public hearing meeting on January 19, 1994; and WHEREAS, the Town Council of the Town of Oro Valley hereby ratifies, approves and authorizes entering into said development agreement with the Lambert Lane Home Owners Association; and WHEREAS, an emergency is declared as it is deemed necessary in order to provide for the furtherance of the public peace, health, safety and welfare of the Town of Oro Valley, Arizona; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Mayor and Council of the Town of Oro Valley hereby ratifies, approves and authorizes the execution of the Pre-Annexation Agreement between the Town of Oro Valley and the Lambert Lane Home Owners Association; and 2. That the Mayor is hereby authorized to execute said resolution and Pre- Annexation Agreement on behalf of the Town of Oro Valley; and 3. That the Town Clerk shall attach the fully executed development agreement to this resolution as "Exhibit A" and cause it to be recorded with the county recorder no later than ten days from the entering into of said agreement as provided by state law; and 4. That this resolution will become immediately operative and in force from and after the date of posting hereof due to an emergency having been declared to exist which is necessary for the preservation of the peace, health, safety and welfare of the Town of Oro Valley. PASSED, ADOPTED, APPROVED AND RATIFIED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, this 2 day of February , 1994. APPROVED this 2 day of February , 1994 by the affirmative vote of three-fourths of the members of the Town Council of Oro Valley, Arizona. TOWN OF ORO VALLEY, ARIZONA ;;1- ,./9 "fi. ,c7iketz -1.4ANETTA LEE ELLIOTT, MAYOR ATTEST: (... cct, Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: hiez.„ .44..e, Gary D. Kidd, Town Atto y Date: 2/2194 -7chc PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement, dated this 19 day of January 1994, by and between the Mayor and Town Council of the Town of Oro Valley, Arizona, an Arizona municipal corporation (the "Town"), and the LAMBERT LANE HOME OWNJRS ASSOCIATION , hereafter referred to as LLHO . WHEREAS, this agreement shall be considered entered into oily upon the passage of a resolution at a public meeting of the Mayor and Town Council of the Town of Oro Valley, Arizona, authorizing its designated signatory below to enter into such agreement on behalf of the Town, consistent with the mutual promises, covenants and acknowledgements agreed to by the Mayor and Town Council. WHEREAS, the Property, for purposes of this agreement consists of approximately 15.98 acres legally described and shown on the map in "Exhibit A" attached hereto and incorporated herein by this reference (the "Property"). WHEREAS, LLHOA, as the duly authorized representative pursuant to CC&R's owns and manages certain lands in the Lambert Lane subdivision which is located in the area legally described in Exhibit "A," attached. WHEREAS, the 11110A. and the Town desire that the Property be annexed into the corporate limits of the Town and be developed as an integral part of the Town, and in accordance with the existing comprehensive plan for the Town (hereinafter, the term "General Plan"shall be used to mean and refer to such comprehensive plan, adopted by the Town). The annexation and development of the Property pursuant to this Agreement is acknowledged by the parties hereto to be consistent with the Town's General Plan and to operate to the benefit of the Town and the residents of the Lambert Lane subdivision. r e- WHEREAS, the covenants and acknowledgments contained herein have been made in consideration of annexation into the Town of Oro Valley of the property and other terms and conditions set forth in this agreement; and WHEREAS, LUMEN and the Town are entering into this agreement pursuant to the provisions of Arizona Revised Statutes § 9-500.05 in order to facilitate the annexation of the "Property" into the town limits of Oro Valley. NOW, THEREFORE, the Town and LLHOA agree, as follows: 1. That the permitted uses for the Property upon annexation subject to Oro Valley's review and approval of such applications, the density and intensity of such uses and the phasing over time of construction or development on the Property, as more particularly described in the zoning ordinances, development standards and conceptual plans which are attached as "Exhibit B", are incorporated herein by this reference. 2. That the Town will initiate zoning classifications and development standards upon annexation and the Town will follow the procedures required by law for the adoption of such ordinances. 3. It is understood and agreed that this agreement, in its entirety, together with the aforementioned petition for annexation, shall be null, void and of no force and effect unless the property is validly annexed by the Town. 4. This is the entire agreement between the parties. If any portions of this agreement, other than street acceptance by the Town, are later found to be invalid or unenforceable, such portion shall be null and void and without any effect on the rest of the contract,which shall continue in full force and effect. This agreement may be altered only by a duly executed written agreement. 2 -: r, 7 7 5. AnnexOw. In consideration of the execution of this agreement by the Town, LLHOA agree to assist in the obtaining of signatures and delivery to Town an Annexation Petition to annex the unannexed portion of Property within the LLHOA area into the corporate boundaries of Town within one (1) month after the execution of this agreement. Further, LLHOA agree to provide volunteer assistance, to the Town, in the signing and delivery of an Annexation Petition pertaining to properties within the areas served and/or owned by LLHQA 6. Town agrees to accept for public dedication and maintenance the private roadways in said Development shown on the final subdivision plat, subject to LLHOA meeting the following requirements: a) That the nonstandard street signs within the subdivision be replaced with standard public street signage. This includes, but is not limited to, the street name signs and their associated posts. b) That the private streets be given a surface treatment acceptable to the Town Engineer. c) Conveyance of the roadway common area to the Town, in fee simple by warranty deed. d) To the extent required by the Town Engineer, the property owners of LLHOA shall grant to the Town of Oro Valley the right to perform roadway maintenance within the existing 6' utility easement that runs parallel and adjacent to the roadway to permit incidental repairs outside the roadway curbs, shall be required prior to any acceptance by the Town. e) The provisions of this section (paragraph 6 a-e)shall be in effect for a period of two (2) years from the date of annexation of the Property in order to allow sufficient time for the performance of the parties and may thereafter be extended by agreement of the parties. 3 •� r� r'l f t1 7. This agreement shall be in existence until such time as a zoning ordinance and development standards initiated pursuant to the agreement are adopted by the Town. Paragraph 6 (a-e) stated above shall be in effect as provided therein and shall survive this agreement. By Lanetta Lee Elliott acting on behalf of the Town Council of the Town of Oro Valley this 19th day of January , 1994 . ,,ar,,,i--t, ee/ MAYOR ATTEST: A , Town Cleric APPROVED AS TO FORM: TOWN—ATTORNEY LAMBERT LANE HOME OWNERS ASSOCIATION By: - /e44 3' 6,-,3 Its: /34.(..s43 .:4/ 7 76c4ESD: „ dAcsor--- ill) ... i 4 ..... -, r, .•-•4 "7 c, g