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HomeMy WebLinkAboutProperty - Deeds/Titles - 8/31/1999, Quit Claim Deed, Town of Oro Valley (Grantor), to Amphitheater Unified School District No F. ANN RODRIGUEZ, RECORDER (0;pljki DOCKET: 11122 * "1PAGE: 3153 RECORDED BY: JEC • DEPUTY ,ORDER 1d NO. OF PAGES: 19 �'�� 1952 RO44 !y,I SEQUENCE: 19991680938 REZMS to`: ►i:`� 08/31/1999 EZ MESSENGER ATTORNEY SERVICE *eiZZOTItY QCDEED 17:30 EZ—AMPHI PIC AMOUNT PAID $ 23.00 QUIT CLAIM DEED Effective Date: County and State where property is located: PIMA COUNTY, ARIZONA GRANTOR(Name, Address and ZIP Code) GRANTEE(Name, Address and ZIP Code) The Town of Oro Valley, Arizona Amphitheater Unified School District No. 10 of c/o Dan L. Dudley, Town Attorney Pima County 11000 N La Canada Drive c/o Todd A. Jaeger, Associate to the Superintendent Oro Valley, AZ 85737-7016 701 W Wetmore Road Tucson, AZ 85705 EXEMPT A-3 Subject Real Property(Legal Description) See Attached"EXHIBIT A" For valuable consideration,Grantor quit claims to Grantee all right,title and interest of Grantor in Subject Real Property together with all rights and privileges appurtenant or to become appurtenant to Subject Real Property on effective date thereof subject to said property being used in perpetuity for park, recreational and school use by the Town of Oro Valley and Amphitheater Unified School District No. 10 of Pima County. ire;� OFFICIAL SEAL" CC� Town of Oro Valley,Grantor .‘"1":".%j� Roxa a G.Garrity 4' )t-4 i,.:--,'� ; Notary Public-Arizona Pima County ›,11&;0 / ril My Commission Expires 1312001 <� . - , -. By Its Mayor, Paul H. Loomis STATE OF: ARIZONA Acknowledgment of Signature of Notary Public COUNTY OF: PIMA 1 \ \'- L ��ri 0-..--4, - r --)Sii\i‘A)\ - --I: Date of this acknowledgment: r This instrument was acknowledged Notary Expiration Date: 1 before me this date by the persons above subscribed and if subscribed 3' 1 c\ (tckC in ap representative capacity then for .)- \ )k i3Ol the principle named and in the capacity indicated. STATE OF: ARIZONA Acknowledgment of Signature of Notary Public COUNTY OF: PIMA July 24, 1997 WLB No. 193116-9-001-1003X W:ILEGALS\193116\PARK N7 Tiro roup Inc. RANCHO V1STOSO NEIGHBORHOOD 7 PARK AREA That portion of Section 36, Township 11 South, Range 13 East, Gila and Salt River ' Meridian, Pima County, Arizona, described as follows: COMMENCING at the North One-Quarter(N 1/4) of the said Section 36; THENCE N 89°50'40" E, along the North line of the said Section 36, a distance of 162.38 feet, to the Northwest corner of Lot 147, RANCHO VISTOSO NEIGHBORHOOD 7, UNIT 1, as recorded in Book 41 of Maps and Plats at Page 100, Pima County Recorders Office, Pima County, Arizona; THENCE S 00°00'00" E, along the West line of the said Subdivision, 446.67 feet, to the. to the POINT OF BEGINNING; THENCE continue S 00°00'00" E, along said West line, 199.91 feet; THENCE S 31°09100" E, along the said West line, 152.00 feet, to the Northeast corner of that Parcel recorded in Docket 9419 at Page 009; THENCE N 90°00'00"W, along the North line of the said Parcel, 713.63 feet, to the West right-of-way of Woodbume Avenue, as recorded in Book 41 of Maps and Plats at Page 100; , THENCE N 00000100" E, along the said right-of-way, a distance of 330.00 feet; THENCE N 90°00'00" E, 635.00 feet, to the POINT OF BEGINNING; Containing 4.93 acres, more or less. Prepared by. �►ho THE WLS GROUP, INC. ;- •.. - 174:79 41-47,(r. DOUGIAS- SCHNEIDER Douglas E. Schneider, R.L.S. 7 t f DES:tel % a Page 1 of 1 . RESOLUTION (R) 99-63 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE JOINT USE OF FACILITIES OF AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY BY THE TOWN OF ORO VALLEY. WHEREAS, the Town of Oro Valley has the responsibility for the welfare of its citizens; and WHEREAS, it has been determined that it is in the best interests of the Town and its citizens to enter into an intergovernmental agreement for the joint use of certain facilities of Amphitheater Unified School District No. 10 of Pima County; and WHEREAS, the approval of the execution of the attached intergovernmental agreement will further this goal, and is hereby determined to be in furtherance of the public heath, safety and welfare of the citizens of the Town; NOW 'THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the attached intergovernmental agreement is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials and employees are hereby directed and authorized to take all necessary steps related to the execution of said intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16 day of Jury , 1999. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: t,TA., Cr. C444(144.;„ aKE. Cuvelier, Town Clerk APPROVED AS TO FOA,:-,44 : qb* dOai. iwastAir1 A . *an L. Dudl-y, o - orney INTERGOVERNMENTAL AGREEMENT FOR THE JOINT USE OF AMPHITHEATER SCHOOL DISTRICT FACILITIES BY THE TOWN OF ORO VALLEY This Intergovernmental Agreement is entered into pursuant to Section 15-342(13), Section 11- 952, Section 15-363, and Section 15-364 of the Arizona Revised Statutes between Amphitheater School District of Pima County, Arizona, a political subdivision of the state of Arizona, hereinafter referred to as the "District" and the Town of Oro Valley, a political subdivision of the state of Arizona, hereinafter referred to as the "Town". RECITALS WHEREAS, the Town and the District are mutually interested in jointly using certain such school facilities (hereinafter referred to as"Designated Facilities") of the District; and WHEREAS, it is to the benefit of the citizens of the Oro Valley and Amphitheater community that school facilities be made available to the Town and residents of the Town for park, leisure and recreational purposes; and it is to the benefit of the community that the Designated Facilities be made available for Town use; and WHEREAS, the District currently owns approximately 10 acres on Woodburne Avenue, located in Rancho Vistoso, within the Town limits ("the School Site"); and WHEREAS, the District is presently in the process of designing and constructing an elementary school on the School Site; and WHEREAS, pursuant to Town of Oro Valley Ordinance No. (0)94-15, OV9-94-2, 4.9 acres adjacent to the School Site ("the 4.9 acres") was dedicated to the Town for subsequent conveyance to Amphitheater School District for park/recreational purposes; and WHEREAS, the Town is conveying the 4.9 acres contemporaneous herewith to the District subject to the conditions set forth herein; and WHEREAS, pursuant to A.R.S. § 11-951 et. seq., governmental entities are empowered to jointly exercise any power common to the contracting parties and may enter into agreements with one another for joint or cooperative action; and WHEREAS, pursuant to A.R.S. § 15-363 et. seq., a school district governing board may operate school buildings and grounds for the purpose of providing public play and recreational activities; and WHEREAS, the District desires to permit use of its property by the public at large to the extent practicable given school needs, while minimizing financial impact upon the educational functions of the district or upon district taxpayers; and WHEREAS, pursuant to A.R.S. § 15-364, counties, cities and schools may enter into agreements for the construction, development, cooperative maintenance, operation and use of parks and Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 2 of 16 recreational facilities on properties used for public school purposes and under control of school districts; NOW THEREFORE, for and in consideration of the mutual promises and agreements of the Parties herein contained, it is agreed as follows: I. PURPOSE The purpose of the Agreement is to enhance the elementary school to be built by the District, to provide for public park/recreation, and to set forth the rights and responsibilities of the parties relating to public or Town use of the Designated Facilities. II. EFFECTIVE DATE AND TERM This Agreement shall be effective following execution and approval by the governing bodies of the Parties, beginning on the date it is recorded with the Pima County Recorder. To the extent permitted by law, this agreement shall remain in effect for twenty years following the date of its recording with the Pima County Recorder. This Agreement may be renewed by the Parties subject to the deed restrictions as contained in Exhibit 1 and then existing District policy and procedures for successive 20 year renewal periods to the fullest extent provided by law. III. OBLIGATIONS OF THE DISTRICT A. The District will make Designated Facilities available for public recreation and use of the Town as described in Section V herein. Use of district facilities shall be secured through Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 3 of 16 the District's Facility Usage Office, in accordance with District policy and procedures, as they may be amended. B. The District shall construct school facilities on the 4.9 acres. The facilities constructed on the 4.9 acres shall include a playing field and a nature walk, which shall be available for recreational public use, as described herein. Completion of the playing field and nature walk shall be contemporaneous with or precede the opening of the District's elementary school on the School Site. IV. OBLIGATIONS OF THE TOWN A. The Town will convey the 4.9 acres more particularly described in Exhibit 1 to the District with deed restrictions as contained in Exhibit 1. B. The Town may provide public recreation activities and programs. C. The Town will compensate the District for any damages to the Designated Facilities incurred by the Town during its use of those facilities. In addition, the Town shall share in the increased costs of maintaining certain recreational elements of the School Site and the 4.9 acres, as determined by the Town Manager and Superintendent of the District based upon the Town's use of those recreational elements. Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 4 of 16 V. USE OF FACILITIES A. The Town and District acknowledge that all the facilities described under this Agreement are public school facilities to be used for public school purposes as determined by the District. School-related activities shall have priority over other uses of the facilities. B. The Designated Facilities shall be comprised of two types of facilities. Type "A" facilities shall include all playground and recreational facilities on the exterior of the school ("Recreational Facilities"), including the exterior men's and women's restrooms servicing the playing field. Type "B" facilities shall include certain interior facilities available for public use. C. Type "A" Designated Facilities shall be available for public recreational/park purposes and by the Town when not used for school purposes, with the exception of repair time, as determined by the District. Such use may be obtained through the District's normal policies and procedures relating to public use of its facilities ("District Use Policy"), as they may be amended. D. The Town may obtain use of Type "B" "District Facilities" in accordance with District Use Policy, as amended. This includes submission of a completed reservation form of the District hereinafter referred to as a"Use Agreement". Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 5 of 16 E. The Town shall endeavor to schedule its planned uses of Designated Facilities as far in advance as is practicable. VI. FEES AND EXPENSES A. Persons or groups using Designated Facilities shall be responsible for lease or expense fees associated with their use, in accordance with District Use Policy and Use Agreements. Nothing in this agreement shall be construed to hold the Town responsible for the fees of third persons or groups using the Designated Facilities. B. Official Town use of the Designated Facilities shall be at a reduced fee, consisting of the direct labor and material costs incurred by the District as a result of the Town's use. The District shall not charge a lease fee to the Town. VII. MAINTENANCE AND OPERATION COSTS A. Except as otherwise provided herein, the District will be responsible for routine maintenance and operating costs of the Designated Facilities to insure their safe and useful condition during regular operating hours. B. The Parties agree that, as a result of the Town's and the public's use of the Designated Facilities, the cost of maintaining those facilities will increase. The Parties agree that the =� Town will either provide staff and materials for the increased maintenance of those facilities associated with the Town's use, or, at the Town's election, the Town will Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 6 of 16 reimburse the District for its actual and direct costs associated with increased maintenance due to the Town's use. C. If the Town observes any safety hazards at the District's Designated Facilities, they shall notify the District immediately and follow up with written notification. VIII. ADMINISTRATION OF AGREEMENT A. Each party shall designate a representative or representatives who shall be jointly responsible for developing procedures to be utilized in implementing this Agreement, processing Use Agreements for Designated Facilities, and providing other administrative services as necessary. Any disputes arising under this Agreement which cannot be resolved by the above mentioned representatives shall be referred to the District Superintendent and the Town Manager or their respective designees for joint resolution. Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 7 of 16 IX. PURCHASE AND INSTALLATION OF EQUIPMENT The Town may purchase and install equipment in conjunction with its use of the Designated Facilities. All costs of such purchase and installations shall be borne by the Town unless otherwise agreed in writing. The District shall have the right to set standards for location, design safety and other aspects of such purchase and installation, and such standards will be adhered to by the Town. Any agreement for purchase or installation of equipment shall specify the ownership status of such property subsequent to this installation. Where an agreement for purchase or installation does not specify such ownership status, the Town shall be deemed to have retained ownership and shall have the right to remove the equipment upon termination of this Agreement, but shall be liable for any damage caused to the District's property caused by such removal. In the event that an agreement specifies that such equipment shall remain the property of the District, it shall be deemed consideration for the Town's use of the facilities. X. COMPLIANCE WITH LAWS The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 75-5 issued by the Governor of the State of Arizona are incorporated by this -� reference as a part of this Intergovernmental Agreement. Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 8 of 16 b. Americans with Disabilities Act. All Project facilities shall be constructed and operated in compliance with all applicable provisions of the Americans with Disabilities Act (Public Law 10 1 -3 3 6, 42 U. S. C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XI. NOTIFICATION Unless other forms or persons are designated otherwise, all notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows, unless designated: To Amphitheater Unified School District: To Town of Oro Valley: Todd A. Jaeger, Assoc. Supt. Dan Dudley, Town Attorney Amphitheater Unified School District Town of Oro Valley 701 West Wetmore Road 11000 N. La Canada Dr. Tucson, Arizona 85705 Oro Valley, AZ 85737 XII. CONSTRUCTION OF AGREEMENT A. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. B. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. C. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 9 of 16 D. Captions and headings. Captions and headings are for index purposes only and shall not be used in construing this Agreement. E. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. XIII. LEGAL JURISDICTION Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of The Town or District. XIV. NO JOINT VENTURE It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship _- between the District and any Town employees, or between the Town and any District employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 10 of 16 and income taxes for itself or any of its employees. XV. NO THIRD PARTY BENEFICIARIES This Agreement is not intended to and shall not create any right in any person or entity as a third party beneficiary. XVI. WAIVER Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. XVII. FORCE MAJEURE A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action _- by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 11 of 16 state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. XVIII. REMEDIES Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. XIX. TERMINATION A. For cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement or affect the respective rights of the parties or the public as set forth in the deed attached hereto as Exhibit 1. B. At will. This Intergovernmental Agreement may be terminated by the Town or District by giving sixty days written notice. Such termination shall not relieve either party from those Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 12 of 16 liabilities or costs already incurred under this Intergovernmental Agreement. C. A.R.S. § 38-511. This Intergovernmental Agreement is subject to the provisions of A.R.S. § 38-511. D. Non-appropriation. It is acknowledged that all obligations of the Town and District hereunder to make payments to or to incur costs for the specified projects shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. XX. NON-ASSIGNMENT Neither party may at any time assign this Agreement without the prior written consent of the other. XXI. INSURANCE Each party shall secure and maintain comprehensive liability insurance coverage with combined single limit coverage in the amount not less than one million dollars ($1,000,000) for bodily injury and property damage or one million dollars ($1,000,000) for bodily injury and one million dollars ($1,000,000) for property damage. Coverage must be provided under such policy(ies) for premises/operations, independent contractors, products/completed operations and contractual liability. Each party shall, upon request, provide evidence of said coverage to the other. Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 13 of 16 XXII. INDEMNIFICATION A. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, hens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. B. Preexisting conditions. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in paragraph A above, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originated from property owned or controlled by the indemnifying party prior to the execution of this Intergovernmental Agreement. C. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 14 of 16 any claim, demands, suits or judgments against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. D. Negligence Of Indemnified Party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents, employees or indemnitee. E. Survival Of Termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first appearing. TOWN OF ORO VALLEY AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY BY: BY: Paul H. Loomis, Mayor Dr. Richard Scott Governing Board President (Co1999 — /U 1999 Date. Date: � , ATTEST: =. • J A 4 .11 • . • /► j + a Euvehier, Town Clerk GaryWo•,1 and Governing Board Vice President Amphitheater Unified School District/ Town of Oro Valley IGA Re: Woodburn Ave.Elementary School Site Page 15 of 16 APPROVED AS TO FORM: APPROVED AS TO FORM: /- C"" , ' 4 Dan L. Dudley, own Attorney Todd A. Jaeger, 1)istri ounsel attch: Exhibit 1 • Amphitheater Unified School District! Town of Oro Valley IGA Re: Woodburne Ave.Elementary School Site Page 16 of 16 Office of Legal Co' .el Todd A. Jaeger, J.D. Associate to Superintendent AMPHITHEATER Public Schools 701 W. Wetmore Rd:•Tucson,AZ 85705 •(520)696-5156•FAX(520)696-5074 September 23, 1999 • Dan Dudley, Esq. The Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737-7016 Re: Quit Claim Deed; Resolution R-99-63; IGA Joint Use of Facilities Dear Mr. Dudley: Enclosed please find the above-referenced documents. As you can see, all are signed and recorded. Thank you. :;e1 / to Anna Maiden Administrative Assistant Legal Services - enc. SEP 2 4 1999 RESOLUTION (R) 99- 64 A RESOLUTION OF THE TOWN COUCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF A QUIT-CLAIM DEED TO AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY. WHEREAS, the Town of Oro Valley has the responsibility for the welfare of its citizens; and WHEREAS, it has been determined that it is in the best interests of the Town and its citizens to quit-claim a parcel of property approximately 4.90 acres in size located in Rancho Vistoso Neighborhood 7, Parcel K, to the Amphitheater Unified School District for parks/recreational purposes; and WHEREAS, the approval of the execution of the deed will further this goal, and is hereby determined to be in furtherance of the public heath, safety and welfare of the citizens of the Town; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the attached deed is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials and employees are hereby directed and authorized to take all necessary steps related to the execution of said deed. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16 day of JUNE , 1999. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Ka n E. Cuvelier, Town Clerk APPROVED AS TO FORM: 4r '4/0" . A if, ./' Dan L. Dudley, own Atto -y p..,,Ly AA? , , aL__,),...,_- O ,i , p qQ�0.': 2 � ; , TOWN OF ORO VALLEY . i:'- ` -� 11000 N. LA CANADA DRIVE �`�4 ; ' -- ORO VALLEY ARIZONA 85737 •�+'-.i.,..r Administrative Offices(520)297-2591 Fax(520)297-0428 D1 °UN DEO 1 July 21, 1999 Todd A. Jaeger Associate to the Superintendent Amphitheater Unified School District No. 10 701 West Wetmore Road Tucson, Arizona 85705 RE: Quit Claim Deed - Rancho Vistoso Dear Todd: Please find enclosed a revised Quit Claim Deed as well as a modified Exhibit 1 (due to a scrivener's error). Upon filing, please provide evidence of filing to me for our records. Sincerely, Cide/(__----- Dan L. Dudley Town Attorney DD/cl Enclosures