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HomeMy WebLinkAboutResolution 98-108 release of assurances for los morteros lots 1-32MARANA RESOLUTION NO. 98-108 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF LOTS 1 THROUGH 32 LOCATED IN LOS MORTEROS ESTATES FROM THE ASSURANCE AGREEMENT WITH GARDNER HOMES I, L.L.C., UNDER TRUST NO. 10,831, AND FIDELITY NATIONAL TITLE AGENCY, INC., FOR COMPLETION OF PUBLIC IMPROVEMENTS AND ACCEPTING FOR TOWN MAINTENANCE DESIGNATED STREET WITHIN THE SUBDIVISION. WHEREAS, the Town has previously entered into an Assurance Agreement with Gardner Homes I, L.L.C., under Trust No. 10,831, and Fidelity National Title Agency, Inc., assuring completion of public improvements to Lots 1 through 32 in Los Morteros Estates; and WHEREAS, Gardner Homes I, L.L.C. has fulfilled its obligations under the Assurance Agreement for Lots 1 through 32 in Los Morteros Estates, as more particularly described in Figure 1, attached hereto and incorporated herein by this reference, and now desires that these lots be released from said Assurance Agreement; and WHEREAS, Gardner Homes I, L.L.C. and the Town desire to affirm responsibility for future maintenance of public improvements and street located within the subdivision; and WHEREAS, the release of assurances for the reasons set forth above and the affirmation of responsibility for maintenance of public improvements and street is in the best interests of the citizens of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Lots 1 through 32 in Los Morteros Estates are released from the Assurance Agreement subject to the following condition: The twenty foot private drainage easements located between Lots 5 and 6 and Lots 20 and 21 within the released lots will be satisfactorily maintained by the Los Morteros Estates Association or its successor. The Town accepts for maintenance 0.43 miles of the paved street Circulo de los Morteros. The Town accepts for maintenance various other public improvements including, but not limited to, 15 survey monuments, regulatory traffic control signs and street signs. Marana, Arizona Resolution No. 98-108 Page 1 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of October, 1998. Mayor O~P~ MA~ HA~q Town Attorney Mamna, Arizona Resolution No. 98-108 Page 2 of 3 FIGURE 1 15-76 I 3~1 mile Los Morteros Estates Lots I through 32