HomeMy WebLinkAboutProperty - Deeds/Titles - 3/22/2005, Warranty Deed, The City of Tucson (Grantor), to TOV, Lot 73 of Shadow Mountain Estates, R F. ANN RODRIGUEZ, RECORDER DOCKET: 12514
E RECORDED BY: NMB vov P1114 PAGE: 3 018
A DEPUTY RECORDER 41,11r6 NO. OF PAGES: 3
S 1134 ES2 .,, Z SEQUENCE: 20050550751
T TTIGA l '441140)41 03/22/2005
S TOWN OF ORO VALLEY DEED 15:17
I 11000 N LA CANADA DR
D ORO VALLEY AZ 85737 MAIL
E
AMOUNT PAID $ 10.00
WHEN RECORDED, MAIL TO:
TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
ORO VALLEY,AZ 85737
ATTN: WATER UTILITY
RE: ESCROW# 260467
NAME OF DOCUMENT: WARRANTY DEED
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DEED
For the consideration of One Dollar ($1 .00), and other valuable considerations, the undersigned, the
CITY OF TUCSON, a municipal corporation, does hereby release and quitclaim unto TOWN OF ORO
VALLEY, an Arizona municipal corporation , the Grantee, all the undersigned's interest in the
following described property situate in Pima County, Arizona:
See Attached Exhibit "A"
Subject to all provisions, conditions, easements, restrictions, covenants, encumbrances and other
matters of record, and to all zoning, building or other laws or ordinances.
Affidavit Exempt A.R.S. §11-1134 (A) (3)
This deed is given pursuant to Ordinance No. 10118 of the Ordinances of the Mayor and
Council of the City of Tucson, Arizona.
The foregoing provisions and reservations shall be a burden running with the land and are binding
upon the heirs, executors, administrators, successors and assigns of the Grantee.
DATED this /1/ dayofHorct,_ , 20 .
�
ATTEST: CITY OF T 0► , a rIi •+al corporation
By: dir •
ITY CLERK I MAYOR
APPROV I AS TO FORM:
STATE OF ARIZONA )
)ss. PRINCIPAL ASSISTAN ATTbRNEY
COUNTY OF PIMA )
i y
This instrument was acknow edged before me this 14 day of cf\aruk , 20654,4
by-R01600 , as Mayor, and - d,/D1i
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P•
as City Clerk of the City of Tucsoli, a municipal corporation, as the Act of said rhunicipal corporation. .
OFFICIAL SEAL
BRA S, COUNSELLER
DEBRA
�I.
a_r y NOTARY PUBLIC-ARIZONA
A
PIMA COUNT `Q-Lj\-eo C(291/1-`6A2)--''
Y
4hOP2007 Notary Public
v . •. • ay 27,
R.P.1324 Sale of well site C-099 S24-Ti2S-R 13E
QCD-SHORT Rev 3/00
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EXHIBIT "A"
Lot 73 of Shadow Mountain Estates, a subdivision of Pima County, Arizona
according to the Map or Plat of record in the office of the County Recorder of
Pima County, Arizona, in Book 13 of Maps and Plats at Page 75.
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RESOLUTION NO. (R) 05 03
A RESOLUTION OF
THE MAYOR AND COUNCIL. OF THE TOWN OF
ORO VALLEY,
PIMA COUNTY, ARIZONA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF ORO
VALLEY AND THE CITY OF TUCSON RELATING TO THE SALE OF
REAL PROPERTY AND OFFER TO PURCHASE WELL SITE C-099.
Valley is political subdivision of the State of Arizona vested
WHEREAS, the Town of Oro Va y a
with all associated rights, privileges and benefits and is entitled to the immunities and
exemptions granted municipalities and political d subdivisions under the Constitution and laws of
the State of Arizona and the United States; and
owns a well site, known as well C-099, located within the limits
WHEREAS, the City of Tucson
of the Town that is not currently
utilized and which the City has no plans to utilize in the future;
and
ire to ac quire well C-099 and utilize said well to augment the
WHEREAS, the Town has a des q
Town
Town's water supplyto the benefit of its residents; and
' site appraised byan outside appraiser, the Town has had the
WHEREAS, the City had subject pp
appraisal reviewed by an outside appraisernegotiated and the purchase price with the City of
Tucson; and
best interest of the Town to enter into the agreement, attached hereto as
WHEREAS, it is in the
Exhibit No.1 and incorporated hereinby
this reference (the "Agreement") with the City of
Tucson.
NOW, THEREFORE, BE IT T RESOLVED bythe Mayor and Council of the Town of Oro
Valley, Arizona, that the Agreement between the Town of Oro Valley, Arizona, and the City of
Tucson, Arizona, is hereby approved.
BE IT FURTHER RESOLVEDy that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby
authorized to take such steps as are necessary to execute and
implement the terms of the Agreement.
y
PASSED AND ADOPTED by
the Mayor and Town Council of the Town of Oro Valley,
Arizona this 19th Day of January 2005.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST:
APPROVE O FO •
•
6( •1X(/‘'
at
n Cuvelier, Town Clerk Tobin Sidles, Acting Town Attorney
AGREEMENT FOR THE SALE OF REAL PROPERTY
and
OFFER TO PURCHASE
TO: City of Tucson RP#1324, wellsite C-099
Real Estate Division
201 N. Stone/6th Floor
Tucson,AZ 85726-7210
The City of Tucson, an Arizona municipal corporation, hereinafter called "City" and the Town of Oro
Valley, an Arizona municipal corporation, hereinafter called "Oro Valley" hereby agree as follows:
Oro Valley hereby offers and agrees to purchase from City, at the price and subject to the terms,
conditions and covenants herein stated, the following described real property, including any all
improvements located thereon, including an existing municipal wellsite C-099 and all pipelines and
associated structures and attachments:
LOT 73 OF SHADOW MOUNTAIN ESTATES, A SUBDIVISION OF PIMA
COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT OF RECORD IN
THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA,
IN BOOK 13 OF MAPS AND PLATS AT PAGE 75.
SUBJECT TO all provisions, conditions, easements, rights-of-way, restrictions, covenants,
encumbrances, obligations, liabilities, and other matters of record, and to all zoning, building or other
laws or ordinances, and to any matters which would be shown by an accurate survey or inspection of
the property.
The purchase price shall be One Hundred Ninety-Eight Thousand Two Hundred Twelve and no/100
Dollars ($198,212.00 ). The closing date shall be within sixty (60) days from date of acceptance of this
offer by City's Mayor and Council, during which time this offer remains binding and irrevocable.
Oro Valley agrees that any relocation, modification, etc. of existing utilities and/or public improvements
necessitated by this transaction shall be at no expense to City. Oro Valley understands and
acknowledges that the utility locations and/or dimensions shown herein and by any map or brochure are
based on information believed to be reliable, however, City does not guarantee or warrant this
information,-- -- -- --- -- -- - -- -- ---- -
City has not made, nor authorized anyone to make, any warranty or representation about the present or
future physical or environmental condition of the subject property and no such representation or
warranty shall be implied. Oro Valley expressly acknowledges that no such warranty or representation
has been made and that Oro Valley is not relying upon any warranty or representation whatsoever.
Oro Valley acknowledges and agrees that Oro Valley is relying solely upon its own investigation of the
property and not on any information provided or to be provided by the City. Oro Valley further
acknowledges that, to the maximum extent allowed by law, the sale of the subject property is made in
an "as is" condition and with all faults.
Oro Valley shall accept the subject property "as is" and in its condition on the date of the Closing,
subject only to the express provisions, if any, of this instrument. Oro Valley, for and on behalf of itself,
and its heirs, successors, and/or assigns, hereby releases and agrees to hold harmless City, its Mayor
and Council, Boards, Committees, and Commissions, officers and employees, from and against any
and all claims that it may now or hereafter have against City for any cost, loss, liability, damage,
expense, demand, claim, or cause of action arising or alleged to have arisen from or relating to any
defect or condition, including environmental matters, affecting the property or any portion thereof. The
hold-harmless provisions of this section shall survive the closing.
Transfer of property shall be by City of Tucson attached form of Deed. Possession of the property shall
be given to Oro Valley upon recording of the Deed.
All terms, covenants, conditions and provisions herein contained shall survive closing of title and
recording of the Deeds and shall also extend to and be binding upon the parties, their assignees, heirs,
devisees, personal representatives or other successors in interest, irrespective of how said interest was
acquired.
This Agreement contains the entire agreement between City and Oro Valley. All understandings,
conversations and communications, oral or written, between the parties hereto, or on behalf of either of
them, are merged into and superseded by this instrument and shall be of no further force or effect.
Approved as to form:
.,.. r::- tiZe,>______
By: TOBIN SIDLES
As: TOWN ATTORNEY (ACTING)
For: TOWN OF ORO VALLEY, ARIZONA
Approved and accepted this 0 day of , 2001.
___ ,e ,
By: PAUL H. LOOMIS
As: MAYOR
For: TOWN OF ORO VALLEY, ARIZONA
Cle
Attest:
c_ eta,,,/,4ii,
4KA YN CUVELIER, CMC
TOWN CLERK
- - TOWN OF ORO VALLEY, ARIZONA
ACCEPTANCE
The terms, covenants, conditions, and provisions above stated are hereby accepted pursuant to
approval by the Mayor and Council of the City of Tucson.
DATED this day of , 200 .
CITY OF TUCSON, a municipal corporation
•
By
MAYOR
ATTEST:
By
City Clerk
Recommended For Approval: APPROVED AS TO FORM:
By
Real Estate Administrator
By:
As: Principal Assistant City Attorney
For: City of Tucson
ItIr
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a MERCURY company
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February 14,2006
TOWN OF ORO VALLEY / 00260467
ATTN: WATER UTILITY r/ 353 W.MEADOWBROOK DRIVE
11000 N.LA CANADA DRIVE ORO VALLEY,AZ
ORO VALLEY,AZ 85737
Dear Valued Customer,
I am pleased to provide you with your title policy which is enclosed herein. We here at Title Guaranty Agency of
Arizona, Inc. thank you for your business and hope you will consider us on future transactions. If you have any
questions,please do not hesitate to call this office.
Yours Truly,
4A4Z._ zy,
Paul W.Johnson
Chief Title Officer
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P.O.Box 16860 • 101 N.Wilmot,Suite 100 • Tucson,Arizona 85732-6860(520)750-8100
FAX(520)750-8112(Title) • FAX(520)750-9521 (Escrow) • FAX(520)750-0016(Second Lending)
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- ALTA Owner's Policy
Irit. ' POLICY OF TITLE INSURANCE *IP'
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1 4 M E TITLE GUARANTY AGENCY OF ARIZONA,INC. lok
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t j`•N• SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE '.41,,,;,-
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TITLE INSURANCE COMPANY, a California .
�' ' B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN
(. corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage, )::s ,
::-'''` ' p Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
).=. not exceeding the Amount of nse)..
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1. Title to the estate or interest described in Schedule A being vested other than as stated therein; "'
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2. Any defect in or lien or encumbrance on the title; l�',-
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st arketabili of the title; ,:
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4,.. 3. Unm ty 0.
N''WE 4. Lack of a right of access to and from the land. 1
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The Company will also paythe costs, attorneys'fees and expenses incurred in defense of the title, as insured,but 10
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':43T41 onlyto the extent provided in the Conditions and Stipulations. -.''k'
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which
arise by.:reason oft
: limited to buiidin g and zoning laws ordinances or regulations)restricting regulating ulatin. roh.ibiti
n i ordinance or governmental regulation(including but not r g _ 9 9, g ,prohibiting!'i9
1. (a)-Any . 9 . .
of the land; (ii)the character,dimensions or location of anyim rove.rrient now:or:hereafter erected on the .
or gelatin{]to(i)the occupancy,use,orenjoyment . ,
• iii ownership or a change in the dimensions or area.of the land or any parcel of,which the land is or was a part,or(iv environmental
land, (Hi)a separation in.own p ..
anyviolationof these laws,ordinances or governmental re. ulations,,exce t to the extent`that:a notice of the enforcement•theret
protection,or the effect of 9 .r...._ .
of a defect,lien or encumbrance resultingfrom a violation or alleged violation affecting the land.has been.recorded in the public records-at Date
or a notice
of Policy.
not excluded by(a)above,except to the extent that:a notice of the.exercise:,thereof or a notice sof.a defect,lien or`encumbrance
(b)Any governmental police power � p
resulting from a violation or alleged violation affecting the land has been recorded'In the..public records at'Date of Policy.
• o excludi .coverage
:
2. Rights of eminent domain unless notice of the:exercise thereof'has been recorded in the public records at Date of Policy.,.but not ng from o ge any
9
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3. Defects,liens,encumbrances,adverse claims or other Matters:
(a)created, suffered,assumed or agreed to by the insured claimant;
m p an not recorded in thepublic records' at Date of Policy,but known.-to the insured claimant and not:disciosed in writing to the Company
(b)not known to the Cop !,
by the insured claimant prior to the date the insured claimant`became an insured under this policy;,
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy;or
damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by' this policy.
(e)resulting in loss or g
t in ur d:� this polity,byreason ofthe operation of federal bankruptcy,
4. Any claim,which arises out of the transaction vesting in the insured the estate or interes s e .by p cy, ... th, :pe. . .p �,
state insolvency,or similar creditors'rights laws,that is based on:
the transaction creatingthe estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;o
(i� ' estate or interest insured by this policybeingdeemed a referential transfer except:where'the preferential transfer results frontahe
(ii)the- transaction creating the .
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failure:
(a) to timely record the instrument of transfer,or
(b) of such recordation to impart notice to a purchaser for value or a Judgment or lien creditor.:
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. by this policy which constitutes the basis of loss or damage...... for any joss or damage caused thereby.
and shall state,to the extent possible,the:basis of calculating (b) In the event-Of any litigation,including litigation by
The following terms when used in this policy mean: ' the amount of the loss :or damage, If,the Company
alio Com�,an with the Company�s consent,the Compal
"insured": re udiced b the failure of theinsured claimant to provide tile: hatl hav: llabil for loss or damage until`there`has been:
the insured named in Schedule A,and, p 1_. Y s e.no .. ..dY A.
(a) insured. � : .
ire:uired roof:of loss or damage;the:Com an 's o..l.gations dot . :_ m i
would have p Y .. a final tleterminaton by a court of po potent juif sd chat,•
suh1ect to any rights or defenses the Company q.. ' P 9
to the insured under the policyshall terminate,:includin i
had against the named.insured,those who succeed to the the
9�';. :and..die osrtion:of;�all appeals;there#romt adverse to the tide
liabi or ure ointerestf bythe o.defend,;prosecute,:or oo K�ue�anY - as insured: ::
of the named insured operation .y ,. .
limited to litigation,with regard;to the matter or matters requiring sUCh . :
distinguished.from urchaee including, but not .. ,,. �: G�The,:Corn.an. hall not be liable.for.Toss-Or
s rvivorspersonal re resenta- proof:of loss or damage.
heirs,distributees,devisees, up ,, � :. .. �..
.:.:v _. damage to any insured for liability voluntarily assumed`bythe.
or corporate or fiduciarysuccessors. In addition, the insured.claimant may reasonably.be.
fives,next of kin, rp insured•In settling arty claim or wit without the prior Written
required to subit..to examination:under oath by
(b) "insured claimant":an insured claiming loss or consent of the.Company;'
authorized representative of the Company and atalt prude
damage. for examination,inspection and: copying,at such:reasonable ` `
"knowledge"or"known":actual knowledge,not times and plates maybe desf nated: anyauthori d: 10: gEfdUCT10N OF 1NSUI ANCE,.RI:OUCTlON OR
P9 .,; by ._ TERMINATION OF LIABILITY.
constructive knowledge or notice which may be imputed to representative of the:Com-an�.,all records.books,ledgers, ..
an insured b� reason of the public records as defined In this p
Y checks,correspondenceand memoranda,whether bearing a: ... .
. Ali:a eels underthis oltc
exce t a eats
o.lic..oran_other records which impart constructive notice date before or after Date of Polic: which reasonab ertai i . A Yin ' p. y, p.p Yin
P Y Y - >Y� :: . fYP
. for costs;attorneys'fees,and expenses,:shad reduce.. a
of matters affecting the land. to the loss or damage.Further,-If requested by any author: amount...of:the insurance:pro tants.
.
fd) "land": the land described or referred to in representative of the Company,the insured claimant shad P
Schedule(A),and improvements affixed thereto which bylaw rant its:permission,.in writing, for an' authorized,rep
S� . : . . P .. .. 9 . ..: . �: 'l't. LIABILITY NONCUMtfLATl1f�::
The term land"does notinclude anyresentative of the Com an- to examine insect:and cfl
con.shtute real ro er T
• referrede and r►
11nes of this area described or records,books,: ledgers,Check's,:caries..ondenc
ro er beyond the . area :g! , P .. ...
P..p fY , , .: It is express� understood that'the Amount,��-
to in Schedule A, nor anyright,
title, interest:estate or oranda in the custodyor:control of-a';third. a which. is
_. . . surance;under�is.poiic shall be reduced l?y anyxainountt ;•
v ues aIle s lanes, reasonablyrtain to the loss ordama e.Allinforination. -
easement in abuttin streets,. roads,a en.e� . .Y � ,: .9 . : .. ...�.: ,:. . . : : ..
9 _ , , .. : _ .. . Com an ma : .under an lir insuring,:a�nort . e�o:':
ior limitt bythe.Insured ciaima t,: rovided P Y. Y.aaaY,. Y policy .. .ag 0
ways or waterwa a,but nothing herein shall modify designated as confidential th n p
Y Y .. � :. which exce tion'is taken n Schedule 6.or to wh�ch
from thelands rsu to_this.,Section,shall.not'.be.:, p
the extent to which a right of access to and I to the Company,pu ant _ insured-.has�a deed assume or taken sub a or which
disclosed to others:unless in the:reasonable ud ment of the: : ed; f ct,:
insured by this policy. A hereafter,executed by an insured and which Is a charge dr.-
". Company,It Is necessa. In the administration of the claim, . ::_ ie..:
Or.-
(e) 'mortgage": deed of trust,trust deed, P Y� : .. . . - : ...: lien on the estate or lnterest''desoribed or referred to
instrument. Failure of the insured c almant to submit for,examination
or othersecurity Schedule A,and the. amount so paid shall be deemed:a
. under oath,produce-other reasonably requested nformatio: .
"public records":records established understate payment underahis policy to the insured owns.
(f) or grant permission to secure reasonably necessary infortrte-
statutes at Date of Policy for the purpose of`imparting
WO from third parties as required 1n thi,paragrap�t,unless
constructive notice of matters relating to real property to 12. PA.MENT OF LOSS,.
purchasers for value and without knowledge.with respect to
prohibited'by law or governmental regulaaon,shail terminate
" any liability of the Company under this polidy as to thatclairri
a (iv ofthe Exclusions From Covera e, ublic ;; a ,l o.payment shall be made without producing this
Section 1()� 9 p. )
h also incude environmental protection liens filed policy or endorsement of the paunless thepolicy has
records"s a!1 . P ....
6. OPTIONS:TO PAY OR.OTHERWISE SETTLE CLAIMS,;
in the records of the clerk of the United States district court been lost-or destroyed,-in.whih case proof of loss:or
for the district in which the land Is located.
TERMINATION OF LIABILITY. . destruction shall be furnished:to:the satisfaction of.the
"unmarketability the title":' an alleged or Company
i.g In case of a claim under this policy,the Company shy
apparent matter affecting the title to the land,not excluded or have the following'additional options (b) Wh
en liability and the extent of loss or�damage has
excepted from coverage,which would entitle a purchaser of p been defiinitely fixed In accordance With these Conditions and
(a) To Pay or Tender Payment of the Amount of
Insurance.
the estate or interest described in Schedule A to be released Stipulations,the loss or damage shall be payable within 30
from the obligation to purchase by virtue of a contractual days thereafter.-
condition requiring the delivery of marketable title. To pay ortender payment of the amount of insurance
under this policy together with any costs,attorneys'fees and 13, SUBROGATION UPON PAYMENT
expenses incurred by the insured claimant, which were
2. CONTINUATION OF INSURANCE AFTER OR SETTLEMENT.
CONVEYANCE OF TITLE. authorized by the Company,up to the time of payment or
tender of payment and which the Company is obligated to (a) The Com an s R ht of Subra atIon.
pay...... . A l►':..,iii..:. 9
The coverage of this policy shall continue in force as Whenever the Company,shall have settled and paid a
9 p CY
,Upon ilio"exercise'by the Company-of tails option,all :: :. .
of Date of Policy in favor of an insured only:so long as the e . : , claire.under this policy,all right of;subrogation.::shali vest rn.
Policy liabill and obll ations to the;insured under this ori±..,other . ., : . .
insuredty g , P ....:Y .:unaffected byany act;of the Insured claimant,
retains an estate or interest in theaand,or holds an. �. ,: ;. .� .. the.��ompariY,: ;.: _ _.
: than o:make the.a.merit re ul:red shall terminate nclu . :. ,. ., .. .:
t a iv p Y,:. q ,s..: . c Com an::s be subr ate and b fled to all
indebtedness secured bya purchase money mor 9 9e D en ,, _. ..> .P .Y ; 99 dao a entl
an 1 bill or flb11 do efend4 rosecut .or continue . ..
y la ,: ge:,n �d .::. ,.,P
b �a purchaser from the insured,-or on so long:;as the riflhts and remedies which the,insured claimant would have.
Y P , only .. :4...e.B. � re erectto; .' anyt�gation, andthepolicy is sur rid, .,: t� .. :. .. ,..... :::insured shall have liabili b reason of covenants ofwarrantyy. hadagainst any peron or proPerty In respecttothe claimY � Companytorcancellation.made by the insured in any transfer or conveyance of the had'this policy not been issued.If requested bythe Company,
'• ' ''.•'1 M�1�'�. !•'.. Ail. •-
_. _.....,,,................ I►au ll lib}runty nut ueei i isbueu.H I eeuesteu uy a to LAN l tidily,
estate or inter est.This policy shall not continue in force in (b) To Pay or Otherwise Settle With Parties Other than the insured claimant shall transfer to the Company all rights
favor of any purchaser from the insured of either(i)an estate the Insured or With the Insured Claimant and remedies against any person or property necessary in
or interest in the land,or(ii)an indebtedness secured by a (I) to pay or otherwise settle with other parties for order to perfect this right of subrogation. The insured
purchase money mortgage given to the insured. or in the name of an insured claimant any claim insured claimant shall permit the Company to sue,compromise or
against under this policy,together with any costs,attorneys' settle in the name of the insured claimant and to use the name
3. NOTICE OF CLAIM TO BE GIVEN BY fees and expenses Incurred by the insured claimant which of the insured claimant in any transaction or litigation
INSURED CLAIMANT. were authorized by the Company up to the time of payment involving these rights or remedies.
and which the Company is obligated to pay;or If a payment on account of a claim does not fully cover
The insured shall notify the Company promptly in (ii) to pay or otherwise settle with the insured the loss of the insured claimant, the Company shall be
writingt in case of anylitigation as set forth in Section 4 a claimant the loss or damage provided for under this policy, ' subrogated to these rights and remedies in the proportion
(�� 9 ( ) together g 9 P P
below, (ii) in case knowledge shall come to an insured g her with any costs, attorneys' fees and expenses which the Company's payment bears to the whole amount
hereunder of any claim of title or interest which is adverse to incurred by the insured claimant which were authorized by the of the loss.
the title to the estate or interest,as insured,and which might Company up to the time of payment and which the Company if loss should result from any act of the insured
cause loss or damage for which the Company may be liable is obligated to pay. claimant,as stated above,that act shall not void this policy,
by virtue of this policy,or(iii)if title to the estate or interest, Upon the exercise by the Company of either of the but the Company,in that event,shall be required to pay only
as insured,Is rejected as unmarketable.If prompt notice shall options provided for in paragraphs (b)(i)or(ii),the Corn- that part of any losses insured against by this policy which
not be given to the Company,then as to the insured all liability pany's obligations to the insured under this policy for the shall exceed the amount, If any, lost to the Company by.
of the Company shall terminate with regard to the matter or claimed loss or damage,other than the payments required to reason of the impairment by the insured claimant of the
matters for which prompt notice is required; provided, be made,shall terminate,including any liability or obligation Company's right of subrogation.
however,that failure to notifythe Company shall in no case to defend,prosecute or continue any litigation.
P (b) The Company's Rights Against non-insured
prejudice the rights of any insured under this policy unless Obligors.
the Company shall be prejudiced by the failure and then only 7. DETERMINATION,EXTENT OF LIABILITY The Company's right of subrogation against non-
to the extent of the prejudice. AND COINSURANCE. insured obligors shall exist and shall include, without
4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual limitation,the rights of the Insured to inderranities,.guaranties,
other policies of insurance or bonds,notwithstanding any
DUTY OF INSURED CLAIMANT TO COOPERATE. monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage.by reason terms or conditions contained in those instruments which
(a) Upon written request bythe insured and subject to of matters insured against by this policy and only to the extent provide for subrogation rights by reason of this policy.
the optionsp
ontained in Section of these Conditions and herein described. 14. ARBITRATION.
Stipulations, the Company, at its own cost and without (a) The liability of the Company under this policy shall
unreasonable delay, shall provide for the defense of an not exceed the least of: Unless prohibited by applicable law,either the Com-
insured in litigation in which any third party asserts a claim (i) the Amount of Insurance stated in Schedule A; pany or the insured may demand arbitration pursuant to the
adverse to the title or interest as insured,but only to those or Title Insurance Arbitration Rules of the American Arbitration
stated causes of action alleging a defect, lien or en- (ii) the difference between thevalue of the insured Association. Arbitrable matters may include, but are not
cumbrance or other matter insured against by this policy.The estate or interest as insured and the value of the insured estate limited to,any controversy or claim between the Company
Company shall have the right to select counsel of its choice or interest subject to the defect,lien or encumbrance insured and the insured arising out of or relating to this policy,any
(subject to the right of the insured to object for reasonable against by this policy. service of the Company in connection with its issuance or
cause)to represent the insured as to those stated causes of (b) in the event the Amount of insurance stated in the breach of a policy provision or other obligation. All
action and shall not be liable for and will not pay the fees of Schedule A at the Date of Policy is less than 80 percent of arbitrable matters when the Amount of Insurance is
any other counsel.The Company will not pay any fees,costs the value of the insured estate or interest or the full $1,000,000 or less shall be arbitrated at the option of either
or expenses incurred by the insured in the defense of those consideration paid for the land, whichever is less, or if the Company or the insured.All arbitrable matters when the
causes of action which allege matters not insured against by subsequent to the Date of Policy an improvement is erected Amount of Insurance is in excess of$1,000,000 shall be
this policy. on the land which increases the value of the insured estate arbitrated only when agreed to by both the Company and the
(b) The Company shall have the right,at its own cost, or interest by at least 20 percent over the Amount of insured.Arbitration pursuant to this policy and under the
to institute and prosecute any action or proceeding or to do Insurance stated in Schedule A,then this Policy is subject to Rules in effect on the date the demand for arbitration is made
any other act which in its opinion may be necessary or the following: or,at the option of the Insured,the Rules in effect at Date of
desirable to establish the title to the estate or interest, as (i) where no subsequent improvement has been Policy shall be binding upon the parties.The award may
insured, or to prevent or reduce loss or damage to the made,as to any partial loss,the Company shall only pay the • include attorneys'fees only If the laws of the state in which
insured.The Company may take any appropriate action under loss pro rata in the proportion that the Amount of Insurance the land is located permit a court to award attorneys'fees to
the terms of this policy, whether or not it shall be liable at Date of Policy bears to the total value of the insured estate a prevailing party.Judgment upon the award rendered by the
hereunder,and shall not thereby concede liability or waive or interest at Date of Policy; or (ii) where a subsequent Arbitrator(s)may be entered in any court having jurisdiction
any provision of this policy.If the Company shall exercise its improvement has been made, as to any partial loss,the thereof.
rights under this paragraph,it shall do so diligently. Company shall only pay the loss pro rata in the proportion that The law of the situs of the land shall apply to an
(c) Whenever the Company shall have brought an 120 percent of the Amount of Insurance stated in Schedule arbitration under the Title Insurance Arbitration Rules.
action or interposed a defense as required or permitted by the A bears to the sum of the Amount of insurance stated in A copy of the Rules may be obtained from the
provisions of this policy, the Company may pursue any Schedule A and the amount expended for the improvement. Company upon request.
litigation to final determination by a court of competent The provisions of this paragraph shall not apply to
jurisdiction and expressly reserves the right, in its sole costs,attorneys'fees and expenses for which the Company 15. LIABILITY LIMITED TO THIS POLICY;
discretion,to appeal from any adverse judgment or order., is liable under this policy,and shall only apply to that portion POLICY ENTIRE CONTRACT.
of any loss which exceeds,in the aggregate,10 percent of
(d) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of any the Amount of Insurance stated in Schedule A. (a) This policy together with all endorsements,if any,
action or proceeding, the insured shall secure to the (c) The Company will pay only those costs,attorneys' attached hereto by the Company is the entire policy and
Company the right to so prosecute or provide defense in the fees and expenses incurred in accordance withSection 4 of contract between the insured and the Company.In interpret-
action or proceeding,and all appeals therein,and permit the these Conditions and Stipulations. Ing any provision of this policy,this policy shall be construed
Company to use,at its option,the name of the insured for this as a whole.
purpose.Whenever requested by the Company,
the insured, 8. APPORTIONMENT. (b) Any claim of loss or damage, whether or not
at the Company's expense, shall give the Company all based on negligence,and which arises out of the status of
reasonable aid (i) in any action or proceeding, securing If the land described in Schedule(A)(C)consists of two the title to the estate or interest covered hereby or by any
evidence,obtaining witnesses,prosecuting or defending the or more parcels which are not used as a singsit
le e,and a loss action asserting such claim,shall be restricted to this policy.
action or proceeding,or effecting settlement,and(ii)in any is established affecting one or more of the parcels but not all, (c) No amendment of or endorsement to this policy
other lawful act which in the opinion of the Company may be the loss shall be computed and settled on a pro rata basis as can be made except by a writing endorsed hereon or attached
necessary or desirable to establish the title to the estate or if the Amount of Insurance under this policy was divided pro hereto signed by either the President,a Vice President,the
interest as insured.If the Company is prejudiced by the failure rata as to the value on Date of Policy of each separate parcel Secretary, an Assistant Secretary, or validating officer or
of the insured to furnish the required cooperation, the to the whole, exclusive of any improvements made sub- authorized signatory of the Company.
Company's obligations to the insured under the policy shall sequent to Date of Policy, unless a liability or value has
terminate, including any liability or obligation to defend, otherwise been agreed upon as to each parcel by the 16. SEVERABILITY.
prosecute,or continue any litigation,with regard to the matter Company and the insured at the time of the issuance of this
or matters requiring such cooperation. policy and shown by an express statement or by an In the event any provision of the policy is held invalid
endorsement attached to this policy. or unenforceable under applicable law,the policy shall be
5. PROOF OF LOSS OR DAMAGE. 9. LIMITATION OF LIABILITY. deemed not to include that provision and all other provisions
shall remain in full force and effect.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been (a) If the Company establishes the title,or removes the 17. NOTICES,WHERE SENT.
provided the Company,a proof of loss or damage signed and alleged defect,lien or encumbrance,or cures the lack of a
sworn to by the insured claimant shall be furnished to the right of access to or from the land, or cures the claim of AM notices required to be given the Company and any statement
Company within 90 days after the insured claimant shall unmarketability of title,all as insured,in a reasonably diligent in writing required b be furnished the Company shag include the
ascertain the facts giving rise to the loss or damage.The manner by any method,including litigation andthe comple- number of this policy and shal be addressed b the Company at
proof of loss or damage shall describe the defect in,or lien tion of any appeals therefrom,it shall have fully performed its i First American way,Santa Ana,California 92707,or to the office
or encumbrance on the title,or other matter insured against obligations with respect to that matter and shall not be liable which issued this policy.
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FIRST AMERICAN TITLE INSURANCE COMPANY
OWNERS POLICY
SCHEDULE A
Date of Policy: March 22,2005 Policy No.: 260467-0
Sequence Number: 20050550751 File No.: 00260467-BDM
Fee Amount: $620.00 Amount of Insurance: $198,212.00
1. Name of Insured:
TOWN OF ORO VALLEY,an Arizona municipal corporation
2. The estate or interest in the land which is covered by this policy is:
FEE
3. Title to the estate or interest in the land is vested in:
TOWN OF ORO VALLEY,an Arizona municipal corporation
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof
SCHEDULE A
ALTA Standard Coverage Policy This policy is only valid if Schedule B is attached
Exhibit A
Lot 73 of SHADO W MOUNTAIN ESTATES, as shown by map recorded in Book 13 of Maps
and Plats at Page 75, Pima County, Arizona;
Except all coal and other minerals as reserved in the Patent from the United States of America.
FIRST AMERICAN TITLE INSURANCE COMPANY
Policy No: 260467-0 File No.: 00260467-BDM
SCHEDULE B
PART I
This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or
all of which arise by reason of the following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings,whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interest or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements,liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose,and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c)water rights, claims or title to water, whether or not the aforementioned matters
excepted are shown by the public records.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed
by law and not shown by the public records.
END OF SCHEDULE B PART I
SCHEDULE B
ALTA Standard Coverage Policy This policy is only valid if Schedule B is attached
FIRST AMERICAN TITLE INSURANCE COMPANY
Policy No.: 260467-0 File No.: 00260467-BDM
SCHEDULE B
PART II
This policy does not insure against loss or damage by reason of the following:
1. Taxes for the year 2005, not yet payable.
2. Easements and any other matters as shown on the recorded plat of said subdivision.
3. An easement for communication facilities, and rights incident thereto, recorded in Docket 1507 at
Page 54.
4. Covenants, conditions, restrictions and easements recorded in Docket 1414 at Page 147 and
amended in Docket 1788 at Page 103;
omitting any covenants or restrictions based on race, color, religion, sex, handicap, familial status, or
national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42,
Section 3604 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons.
END OF SCHEDULE B PART II
SCHEDULE B-PART II
ALTA Standard Coverage Policy This policy is only valid if Schedule B is attached
