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HomeMy WebLinkAboutProperty - Deeds/Titles - 8/8/1990, Acceptance of Special Warranty Deed, Resolution 90-44, accepting Title to those certain st RESOLUTION NO. 90-44 A RESOLUTION OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA, ACCEPTING TITLE TO THOSE CERTAIN STREETS LOCATED IN THE PLACITA DEL ORO SUBDIVISION AND SPECIFICALLY DESCRIBED HEREIN. WHEREAS, on 5/24/89 the Town of Oro Valley has heretofore set forth standards for acceptance of streets in that certain subdivision known as Placita del Oro Townhomes and such conditions include conveyance of a clear title of the streets to the Town of Oro Valley and completion of all improvements as required by the Town Engineer; and WHEREAS, these conditions have been satisfied by the furnishing of a clear title report and the Warranty Deed which is attached to this resolution and made a part hereof as "Exhibit A" ; and WHEREAS, all required improvements have satisfactorily been completed and inspected by the Town Engineer; and WHEREAS, the homeowners have consented in accordance with the recorded CC&Rs and have amended said CC&Rs to reflect this change; NOW, THEREFORE, BE IT RESOLVED: 1. That the attached Warranty Deed ("Exhibit A") and the streets conveyed therein be accepted by the Town of Oro Valley. 2. That the Mayor and staff of the Town of Oro Valley are hereby authorized to execute such documents as may be necessary to effectuate the transfer of the streets to the Town. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 8th day of August , 19 90 ,. TOWN OF ORO VALLEY CATHY HU ULT, YOR ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO 'O • Gary. i d, Attorney ACCEPTANCE OF SPECIAL WARRANTY DEED STATE OF ARIZONA ss : County of Pima Cathy Hufault, Mayor , being first duly sworn, upon oath, hereby states : 1 . That I am authorized to accept the Special Warranty Deed attached hereto dated February 28, 1990 , executed by the Placita Del Oro Homeowners Association, on behalf of THE TOWN OF ORO VALLEY, and which conveys that certain property described as : Common Areas A and B of PLACITA DEL ORO PATIO HOMES, a subdivision of Pima County, Arizona, as set forth in the Office of the Pima County Recorder in Book 34 of Maps at Page 18. EXCEPT all coal and other minerals as set forth in the Patent from the United States of America. 2. That THE TOWN OF ORO VALLEY hereby asserts and affirms that it is its intention to accept said conveyance. DATED this 9th day of August , 1990 . THE TOWN OF ORO VALLEY By: /-1/V16A-4-11- MAM5k SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this 9th day of August , 1990 . • ICIAL SEAL. ' dC-C(-14e, KATHRYN E.CUVEL,ER Notary Public_q,ti�,a, o t a r y My Commission Expires 7-27-91 MAY 2 3 '90 SPECIAL WARRANTY DEED I j For the consideration of Ten Dollars , and other valuable considerations, PLACITA DEL ORO HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation (hereinafter "Grantor" ) , hereby conveys to THE TOWN OF ORO VALLEY, the following real property situated in Pima County, Arizona, together with all rights and privileges appurtenant thereto, to wit: Common Areas A and B, of PLACITA DEL ORO PATIO HOMES, a subdivision of Pima County, Arizona, as set forth in the Office of the Pima County Recorder in Book 34 of Maps at Page 18 . EXCEPT all coal and other minerals as set forth in the Patent from the United States of America. SUBJECT TO reservations in patents and all prior easements, rights of way of record or in use, covenants, conditions, restrictions, as may appear of record or which may be ascertained by inspection of the property, the Grantor warrants the title against all persons whomso- ever. DATED this 3(!) day of , 1990 . PLACITA DEL ORO HOMEOWNERS ASSOCIATION, an Arizona non- profit corporation . AA, � 1 B y: t• ly J. C. - •, Board Memb- • By: Ado'// 444.--A dO et,eles4Wibb Board Member By: sy/c '. . 1, William W Triplett Board Member STATE OF ARIZONA ) ss : County. of eAM'icop,4 ) This instrument was ack owled ed before me this dayof g 30 1990 , by Itoflti J Cep , Board Member of Placita del Oro Homeowners As soca tion. A _4(,)1,/::e i• / ' Notary Public Notary P is My Commission Expires : My Commission Expires Sept.15,1992 STATE OF ARIZONA ) ss : County of / ,e ec cp,a ) N. This instrument was acknowledged before me this a D - day of 1rt\ 1990, by CInar teS C.r Z i i , Board Member of Placita del Oro Homeowners Association. --4giii-e- /4.) Notary Pu c My Co ission Expires : M Y Commission s on Expires Sept.15,1992 STATE OF ARIZONA ) ss : County of Pima ) This instrument was acknowledged before me this ,;?.../4r.--- ;.2/ day of June , 1990, by William W. Triplett , Board Member of Placita del Oro Homeowners Association. i / \ - 1 N ary Pu lc My Commission Expires : 1"'..._ 044,,c.ta=Sea! Jackie Haas 0Ncte,/Public My Cor^��ss►cfl Expires M3`, 3. 1993 5/24/89 Minutes, Regular Session 13 Jack Turbephel, resident of Placita del Oro, said he has been involved in this battle of private/public for over two years and has been told by numerous people that the streets will not be private. At present, the burden of maintenance is on a handful of people. He said if the street is not going to become private, make it public and place the maintenance responsibility where it belongs. Mr. Kriegh said he hopes Council understands that the streets have been reviewed, and recommendations have been made that will bring the streets up to standard code. If the recommendations are met, he would then recommend to Council to take over the streets. However, at this time he does not recommend that Council accept the streets. Mr. Kriegh suggested that Council may agree to take over the streets, by resolution, if and when the recommended improvements are completed and the streets are deeded to the Town. Mayor Engle said he sees no reason why the Town shouldn't take the streets over under the specified conditions. Councilmember Renneckar asked who presently has title to the streets, and was told the homeowners association. Councilmember Renneckar MOVED that the Town of Oro Valley Council agree to accept, by resolution, the streets of Placita del Oro Townhomes for maintenance subject to 1) a clear title to the streets be given the Town and 2) all improvements required by the Town Engineer be completed, inspected and approved. By definition, this would require the consent of the homeowners and property owners in accordance with the recorded C.C. and R. 's and through their homeowners association. MOTION SECONDED by Vice-Mayor Hufault and UNANIMOUSLY carried 4 - 0. Councilmember Renneckar explained that the Council will accept the streets if they are completed. Once the homeowners association decides to complete maintenance on the streets, and convey title to the Town, Council will accept. RESOLUTION NO. (R)89-24 - ABANDONING, VACATING THE AMENDED FINAL PLAT FOR PUSCH RIDGE ESTATES Mr. Kidd said this plat was not properly captioned and was recorded in Pima County. Since that time the Town has been trying to accomplish the abandonment of the plat and was told by the County Attorney that it must be done by resolution. Vice-Mayor Hufault MOVED to approve Resolution No. (R) 89-24 authorizing the abandonment and vacating of the amended plat of Pusch Ridge Estates recorded at Book 42, Page 52 in the Office of 5/24/89 Minutes, Regular Session 12 Councilmember Renneckar MOVED to APPROVE Benchmark Homes request for appeal of Development Review Board decision regarding architectural approval and Vice-Mayor Hufault SECONDED, MOTION carried 3 - 0. PLACITA DEL ORO TOWNHOUSE STREETS, REQUEST FOR ACCEPTANCE BY THE TOWN OF PRIVATE STREETS Mr. Kriegh said that there are .25 miles of streets within Placita del Oro Townhomes. When platted, these streets were designated as private, but also as a "public access easement" . Mr. Kriegh said the idea was to provide ingress and egress to Oro Valley Country Club Estates area in case of emergency. The double designation has caused confusion and problems both with the homeowners and the town. Mr. Kriegh informed Council that a formal request has been made to turn the streets completely over to the Town. Mr. Kriegh said he feels that this request is not unreasonable and can be accepted by the Roads and Streets Department without any undue burden as long as certain improvements are completed. David Horley, attorney with Stompoly & Stroud, was present representing Citibank of Arizona. Citibank represents lots within the Placita del Oro Townhomes. Mr. Horley noted that the majority of the property owners are in favor of making North Calle Loma Linda a public street. He said the support of these owners is sufficient to meet all legal requirements. Mayor Engle noted that if a motion is made this evening to accept the streets, it is only a step in the process which indicates that the Council is willing to take over the streets. A resolution would have to be passed to actually take over the streets, after all conditions are met. Bill Triplett, representative of Placita del Oro Homeowners Association, asked if the motion is based on the 42 lots under present ownership? Mayor Engle replied yes. Mr. Kidd said he wanted to clarify the process. If Council moves tonight to accept the streets with conditions, a resolution would be presented to Council at a future meeting for their acceptance. If all conditions were satisfied, Council would then be obligated to accept. Mr. Triplett said he does not want to see the homeowners left alone to battle this issue, and noted that the bank guaranteed him their 27 votes, and he can also get votes from the winter residents to resolve this street issue.