TO: Mayor Bien-Willner and Town Council
FROM: Andrew Miller, Town Attorney
DATE: October 22, 2020
CONTACT:
Staff Contact Andrew Miller, 480-348-3691
End
AGENDA TITLE:
Title
Adoption of Resolution No. 2020-32; Recognition of Deed for the Western 25 feet of Right of Way on Quail Run Road South of Lincoln Drive
Body
RECOMMENDATION:
Recommendation
Adopt Resolution No. 2020-32; recognizing and clarifying the Town ownership of the western 25 feet of Right of Way on Quail Run Road just south of Lincoln Drive.
Background
BACKGROUND:
It has come to the attention of the Town of Paradise Valley (“Town”) that the west twenty feet of Quail Run Road running approximately 300’ south of centerline of Lincoln Drive (the “ROW”) was quit claim deeded (the “Deed”) to the Town by the Ted Bass Jones Construction Company (“Conveyer) on September 14, 1970, said Quit Claim Deed attached hereto as Exhibit A.
The Deed from the Conveyor does not reflect whether the Town accepted the conveyance of the ROW in 1970. The Town has paved and maintained the ROW area since 1970, thus evidencing an acceptance by implication. In order to clarify to all parties the Town’s undisputed ownership of the ROW pursuant to the Deed, the Town should recognize that the ROW area was deeded to the Town in September of 1970 and that the Town indeed owns the ROW area.
ATTACHMENTS:
Draft Resolution No. 2020-32
Deed from the Ted Bass Jones Construction Company
Graphic of the ROW area