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HomeMy WebLinkAboutResolution 2004-072 notice of amendment on gladden farms final block platMARANA RESOLUTION NO. 2004-72 RELATING TO DEVELOPMENT; APPROVING THE NOTICE OF AMENDMENT TO GENERAL NOTES ON GLADDEN FARMS FINAL BLOCK PLAT. WHEREAS, the Town approved the Gladden Farms Final Block Plat on December 4, 2001 by Resolution No. 2001-155; and WHEREAS, the Gladden Farms Final Block Plat was recorded in the Pima County Re- corder's Office at Book 55 of maps and plats, Page 60; and WHEREAS, the Town Council finds that three of the general notes on the Gladden Farms Final Block Plat should be amended to conform to events that have occurred since December 4, 2001; and WHEREAS, the current owners of all property depicted on the Gladden Farms Final Block Plat have executed an instrument entitled "Notice of Amendment to General Notes on Gladden Farms Final Block Plat"; and WHEREAS, the Town Council finds that it is in the best interests of the Town to approve the Notice of Amendment to General Notes on Gladden Farms Final Block Plat. NOW, THEREFORE, BE 1T RESOLVED BY THE MAYOR AND COUNCIL OF TH3E TOWN OF MARANA, AS FOLLOWS: SECTION 1. The instrument entitled ''Notice of Amendment to General Notes on Gladden Farms Final Block Plat" attached to and incorporated by this reference in this resolution as Exhibit A is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby author- ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said Extfibit A. RSO 040601 Gladden Farr~ Plat Note~ Amendment. doc -1 - sa4~o04 5:43 PM FJC NOTICE OF AMENDMENT TO GENERAL NOTES ON GLADDEN FARMS FINAL BLOCK PLAT The undersigned, who are all and the only parties having any record title interest in the property depicted on the final subdivision plat entitled "Gladden Farms Blocks 1 thru 25 and A thru F Final Block Plat" (the "Gladden Farms Final Block Plat") recorded at Book 55 of Maps and Plats, Page 60 in the Pima County Recorder's Office, with the consent and approval of the Town of Marana, hereby modify the General Notes shown on the cover sheet of the Gladden Farms Final Block Plat as follows: General Note 16 is modified to read as follows: Notwithstanding any other note found on the Gladden Farms Final Block Plat, Gladden Farms, LLC, and its successors in interest retain an interest in the real property in or upon which what would be "public infrastruc- ture'' (as such term is defined in Section 48-701, Arizona Revised Statutes, as amended) has been or is to be constructed as described on this Final Block Plat and any subdivision plats filed for any of the individual blocks shown on this Final Block Plat. Except if released prior thereto as herein- after described, such interest is to be acquired by Gladden Farms Commu- nity Facilities District pursuant to the District Development, Financing, Participation and Intergovernmental Agreement (Gladden Farms Commu- nity Facilities District) recorded at Docket 12248, Page 3874, in the Pima County Recorder's Office. (Such interest is limited to one necessary to accommodate the financing of the acquisition of such public infrastructure (including of such interest in such real property) pursuant to such Devel- opment Agreement.) Such interest is to be released upon the earlier of the acquisition of such public infrastructure (including on a portion by portion basis) only by such District pursuant to such Development Agreement and February 1, 2054. General Note 20 is modified to read as follows: The maximum number of dwelling units shall be 1,850. Notice of Amendment to General Notes on Gladden £arms Final Block Plat Add a new General Note 26 to read as follows: The Town will grant a $500 building permit fee credit for construction of a residence on each lot that has a non-potable water connection to the lot line. FIDELITY NATIONAL TITLE AGENCY, INC., An Arizona cor-X0oration as Trustee under Trust Number 30,21~ only and not in its corporate / Capaci~/~Z/~ ~/ , _ ~'~d~'~ STATE OF ARIZONA ) ) SSo COUNTY OF PIMA ) The foregoing instrument was acknowledged .before me the '-~ of ,2004 by /~9,e/~-/Z.~-'. ~'~- the Authorized Agent of Fidelity National Title Agency, Inc., an Arizona. corporatio~n as Trustee under Trust ~'otary Public My commission expires: FIDELITY NATIONAL TITLE AGENCY, INC., An Arizona'v~orporation as Trustee under Trust Number 60,~18 only and.not in its corporate Capacity / ~ - / l U~~o~m OFFICIAL SEAL ~ WONETTA K. ^BBEG~ NOTARY PUBLIC-ARIZONA] PIMACOUNTY I · Exp. Feb. 28, 20071 STATE OF ARIZONA ) ) SS. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me the /7Z~ of /~]At y' ., 2004 by ~]..~Y'//.4- Z. //~Lz--- the Authorized Agent of Fidelity National Title Agency, Inc., an Arizona corporation as Trustee under Trust Notary Public g My commission expires: -2- IOFFICIAL SEAL I /~rlalll~\ WONETTA K. ABBEGI k~l~.~J NOTARY PUBLIC'ARIZONA! ~ PIMA COUNTY I My-Comm. Exp. Feb. 28.20071 Notice of Amendment to General Notes on Gladden Farms Final Block Plat FIDELITY NATIONAL TITLE AGENCY, INC., An Arizon~-~orporation as Trustee under Trust Number 60~/27 only and not in its corporate Capacity/ STATE OF ARIZONA ) SS. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me the /'~t~ of ,2004 by /22,q/~/~,~q'/--./~/z..~ the Authorized Agent of Fidelity National Title Agency, Inc., an Arizona corporation as Trustee under Trust My commission expires: FIDELITY NATIONAL TITLE AGENCY, INC., An Arizoaa~corporation as Trustee under Trust Number 60~82 only and not in its corporate Capacity/ , ._// STATE OF ARIZONA ) SS. COUNTY OF PIMA ) f U~~ol OFFICIAL SEAL WONETTA K. ABBEGJ INOTARY PUBLIC-ARIZONA~ P~MA COUNTY mm. Exp. Feb. 28,200~ The foregoing instrument was acknowledged before me the ~ of ,, 2004 by /22,z3d'~//,~ Z.. /-//z.~ the Authorized Agent of Fidelity National Title Agency, Inc., an Arizona co~rporation~ Trustee under Trust Notary Public My commission expires: -3- t/~'~JANICE L. WAGNER{ .uB.,c.^.,zo.^/ PIMA COUNTY / March 24, 2007~ Al'TEST: PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the Town of Marana, Afl- zona, this 1st day of June, 2004. ATTEST: elyn C~mnson, Town Clerk FORM: R.gO 040601 Gladden Farms Plat Notes .4mendment. tl~c -2- s/z4,2~o~ 5:43 PM FJC