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AGREEMENT
This AGREEMENT (the "Agreement") is entered into this day April, 2015, by and between
VELDA ROSE ESTATES HOMEOWNERS ASSOCIATION ("Association"), an Arizona nonprofit
corporation, and MARICOPA COUNTY, a political subdivision of the State of Arizona
("County")(eollectively, the "Parties").
RECITALS
A. WHEREAS the Association is a homeowners association and planned community as
defined by the Arizona Planned Community Act, A.R.S. § 33-1801 et seq.
B. WHEREAS the Association is comprised of twelve sections that are planned communities
or condominium projects as defined by the Arizona Planned Communities Act, § 33-1801 et seq. and the
Arizona Condominium Act, § 33-1201 et seq.: (1) Velda Rose Estates; (2) Velda Rose Estates Two; (3)
VeIcla Rose Estates Three; (4) Velda Rose Estates Four; (5) Velda Rose Estates East; (6) Velda Rose
Estates East Unit Two; (7) Velda Rose Estates East Unit Three; (8) Velda Rose Estates East Unit Four;
(9) Velda Rose Estates Unit Five; (10) Velda Rose Estates Unit Six; (11) Velda Rose Estates Unit Seven;
and (12) Velda Rose Manor Two.
C. WHEREAS the owners of a majority of the Lots and Units in the twelve sections created
the Association to manage the community and to enforce the servitudes contained in the following
Governing Documents recorded in the Office of the Maricopa County Recorder: (1) the First Amended
Declaration of Covenants, Conditions and Restrictions for Velda Rose Estates, Maricopa County,
Arizona recorded at Instrument No. 1997-0624179 on September 10, 1997; (2) the First Amended
Declaration of Covenants, Conditions and Restrictions for Vekla Rose Estates Two recorded on
September 10, 1997 at Instrument No, 1997-0624178; (3) the First Amended Declaration of Covenants,
Conditions and Restrictions for Velda Rose Estates Three recorded on September 26, 1997 at Instrument
No. 1997-0668613; (4) the Declaration of Covenants, Conditions and Restrictions for Selected Lots
within that Subdivision known as Velda Rose Estates Four recorded on April 4, 2000 at Instrument No.
2000-0253215; (5) the Second Amended Declaration of Covenants, Conditions and Restrictions for
Velda Rose Estates East recorded on September 10, 1997 at Instrument No. 1997-0624177; (6) the First
Amended Declaration of Covenants, Conditions and Restrictions for Velda Rose Estates East Unit Two
recorded on September 10, 1997 at Instrument No. 1997-0624174; (7) the First Amended Declaration of
Covenants, Conditions and Restrictions for Velda Rose Estates East Unit Three recorded on September
26, 1997 at Instrument No. 1997-0668614; (8) the First Amended Declaration of Covenants, Conditions
and Restrictions for Velda Rose Estates East Unit Four recorded on September 10, 1997 at Instrument
No. 1997-0624176 and re-recorded on July 26, 2005 at Instrument No. 2005-1048785; (9) the First
Amended Declaration of Covenants, Conditions and Restrictions for Velda Rose Estates East Unit Five
recorded on September 10, 1997 at Instrument No. 1997-0624175 and the First Amended Declaration of
Covenants, Conditions and Restrictions for Velda Rose Estates East Unit Five recorded on December 1,
1997 at Instrument No. 1997-0842300; (10) the Second Amended Declaration of Horizontal Property
Regime and Covenants, Conditions and Restrictions for Velda Rose Estates East Unit Six recorded on
February 19, 1998 at Instrument No. 1998-0122819, the Third Amended Declaration of Horizontal
Property Regime and Covenants, Conditions and Restrictions for Velda Rose Estates Unit Six recorded
on May 7, 2008 at Instrument No. 2008-0408121, and re-recorded on July 16, 2008 at Instrument No.
2008-0622167; (11) First Amended Declaration of Condominium and Covenants, Conditions and
Restrictions for Velda Rose Estates East Unit VII recorded on February 19, 1998 at Instrument No. 1998-
0122818 and the Second Amendment to Declaration of Condominium Covenants, Conditions and
Restrictions for Velda Rose Estates East Unit VII recorded on February 6, 2009 at Instrument No. 2009-
0100231; and (12) the First Amended Declaration of Horizontal Property Regime and Covenants,
Conditions and Restrictions for VeIda Rose Patio Manor Two recorded on February 19, 1998 at
Instrument No. 1998-0122817.
D. WHEREAS the Restatement of Property (Third) states:
§ 6.3 Power to Create a Common Interest Community Association
(1) If creation of an association has not otherwise been provided for in a common-interest-
community, and has not been expressly excluded by the declaration . . the owners of a
majority of the lots or units not owned by the developer may create an association to
manage the community and enforce the servitudes. All members of the common-interest-
community are automatically members. . .
(2) If necessary for the management of common property, the court, on petition of owners
of less than a majority of the lots may authorize the creation of an association.
E. WHEREAS the Arizona legislature amended A.R.S. § 33-1802 to expand the definition of
"planned community" to include real estate on which an easement to maintain roadways or a covenant to
maintain roadways is held by a nonprofit corporation or unincorporated association of owners.
F. WHEREAS the Parties believed the Association owned the following property
(collectively the "Properties"):
1) The landscaped median located on the north side of E. University Drive from N.
56th Street east to N. 58 th Street;
2) The landscaped median located on the south side of E. University Drive from the
northwest corner of N. 62 nd Street east to N. 65th Street; and
3) The landscaped area on the east side of 65 th Street from E. Butte Street south to E.
Albany Street.
G. WHEREAS the Association has maintained the Properties at its own expense for more
than thirty years.
IL WHEREAS the right-of-way for university Drive and the landscaped median from N.
56th Street east to N. 58" Street was established as a part of Velda Rose Estates and Velda Rose Estate
Unit Three and this roadway was not Open and Declared by the County.
I. WHEREAS the right-of-way for University Drive and the landscaped from the
northwest corner of N. 62 nd Street east to N. 65th Street and the east side of 65 th Street from E. Butte
Street south to E. Albany Street were Open and Declared by the County, including the landscaped
medians, recorded in the Book of Road Maps in the Office of the Marieopa County Recorder at Book 20,
Map 14 and Book 24, Map 64.
J. WHEREAS the Parties wish to enter into the following written Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein and other
valuable consideration the sufficiency and receipt of which is hereby acknowledged, it is hereby agreed
as follows:
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I. INCORPORATION OF RECITALS
All Parties agree that the Recitals set forth above are incorporated herein by reference.
2. AGREEMENT
a) The County will adopt an Open and Declare Resolution for the north boulevard
of E. University Drive from N. 56th Street east to N. 58 th Street, but exclude the area
where the landscaped median is located.
b) The County will execute a quitclaim deed naming the Association as Grantee,
which will grant to the Association the property consisting of the median areas along the
south side of E. University Drive from the northwest corner of N. 62 nd Street east to N.
65th Street and the east side of 65 th Street from E. Butte Street south to E. Albany Street to
the Association.
c) The Association will continue to maintain the Properties at its own expense.
3. MUTUAL CONSIDERATION
The Parties, by executing this Agreement, acknowledge that they have received all of the
consideration from the Parties hereto to which they are entitled for the agreements set
forth herein, and for performance of all obligations herein undertaken, that pursuant to the
conditions set forth above, this Agreement is made by the Parties with full knowledge of
the facts and possibilities of their interests.
4. COMPLETE AGREEMENT
This Agreement constitutes the sole and entire agreement between the Parties hereto with
regard to the subject matter hereof. There are no collateral understandings,
representations, or agreements other than those contained herein. No provision of this
Agreement shall be amended, waived or modified except by an instrument in writing,
signed by all Parties hereto.
5. GOVERNING LAW
This Agreement shall be governed in all respects, whether as to validity, construction,
capacity, performance or otherwise, by the laws of the State of Arizona. If any provision
of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid,
void, or unenforceable for whatever reason, the remaining provisions of this Agreement
shall nevertheless continue in full force and effect without being impaired in any manner
whatsoever.
The Parties further agree that the Courts of the State of Arizona have personal jurisdiction
over the Parties, and in the event any legal proceedings are required to enforce the terms
of this Agreement, venue for any such action shall lie Maricopa County, Arizona.
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6. AUTHORITY
The Association is duly authorized to enter into and perform this Agreement and this
Agreement has been duly executed and delivered on behalf of the Association. The
individual executing this Agreement on behalf of the Association is duly authorized and
empowered to enter into this Agreement.
7. CANCELLATION.
This Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511.
8. MISCELLANEOUS
This Agreement may be signed in counterparts and transmitted via first class mail,
facsimile or e-mail. This Agreement shall be effective on the date set forth herein.
VELDA ROSE ESTATES HOMEOWNERS ASSOCIATION
By: a v4e.daizo Date: 6 VP: /5
er Walklin, President
MARICOPA COUNTY BOARD OF SUPERVISORS
By: Date:
APPROVED IN FORM:
By:
Wayne Peck, Deputy Maricopa County Attorney
222 N. Central, I I th Floor
Phoenix, AZ 85004
Attorneys for Maricopa County
By: (1/41,?1/1:tet)
Clint G. Goodman, Esq.
Christina N. Morgan, Esq.
Vial Fotheringham, LLP
2333 W. University Dr., Suite C103
Tempe, AZ 85281
Attorneys for Velda Rose Estates