HomeMy WebLinkAbout98-418 RESOLUTION NO. 98- 418
A RESOLUTION OF THE MOHAVE COUNTY BOARD OF SUPERVISORS
AUTHORIZING SETTLEMENT OF MOHAVE COUNTY SUPERIOR COURT CASE
NO. CV97-41 (CONSOLIDATED WITH CASE NOS. CV97-45 AND CV97-146) AND
ACCEPTANCE AND EXECUTION OF STIPULATION TO JUDGMENT, FORM OF
JUDGMENT, AND QUIT CLAIM DEED AND RELEASE, AND THE PURCHASE OF
THE ROAD RIGHT-OF-WAY PROPERTY IDENTIFIED BELOW AND TITLE
INSURANCE THEREON.
WHEREAS, the Board of Supervisors of Mohave County, Arizona, met in their regular
session this 2nd day of November, 1998; and
WHEREAS, Mohave County is a defendant in Mohave County Superior Court Case No.
CV97-41 (consolidated with Case Nos. CV97-45 and CV97-146) wherein the parties are
litigating, among other things, the validity of Mohave County's interest in certain road right-of-
way property identified as the South 789.29 feet of the east 42.00 feet of the northeast quarter of
Section 14, Township 19 North, Range 22 West, of the Gila and Salt River Base and Meridian,
Mohave County, Arizona (the "Property"), as more particularly described in the attached Quit
Claim Deed and Release (the "Deed"); and
WHEREAS, A.R.S. § 11-251(14) authorizes the Board of Supervisors to direct, control,
and compromise any actions to which the County is a party; and
WHEREAS, Mohave County does not admit any improper conduct, omissions, or
liability, but, rather, acknowledges that the Settlement represents an economic decision which
recognizes the uncertainty, inconvenience, and economic demands of the litigation process and is
a means to resolve the matters equitably for all concerned; and
WHEREAS, the Board of Supervisors finds that the public interest and welfare
will be furthered by the action taken hereby;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of
Mohave County, Arizona, hereby approves, authorizes, and accepts the attached Deed,
Stipulation as to the Defendant, County of Mohave, a body politic and corporate of the State of
Arizona ( the "Stipulation for Judgment"), Judgment as to the Defendant, Mohave County, a
body politic and corporate of the State of Arizona (the "Form of Judgment"), and the purchase
of the Property and acquisition of title insurance thereon.
BE IT FURTHER RESOLVED THAT anyone of the following persons are authorized:
(1) to sign on behalf of Mohave County, Arizona, the Deed, Stipulation for Judgment, Form of
Judgment, and any other documents necessary to conclude the settlement and purchase of the
Property described herein and in the Deed, including, but not limited to escrow instructions and
any other documents required by the title and/or escrow company; and (2) to take such other and
further actions as are deemed necessary to conclude the settlement and purchase of the Property:
(a) James R. Zaborsky, Chairman of the Board of Supervisors of Mohave County,
Arizona;
(b) Paul Mclntosh, County Manager of Mohave County, Arizona;
(c) Pat Chastain, Clerk of the Board of Supervisors of Mohave County, Arizona; and
(d) Richard L. Basinger, Civil Deputy County Attorney.
PASSED, APPROVED AND ADOPTED this 2nd day of NOVEt'~IBER ,
1998.
MOHAVE COUNTY, ARIZONA, A BODY POLITIC AND
CORPORATE AND A POLITICAL SUBDMSION OF THE
STATE OF ARIZONA, BY AND THROUGH THE MOHAVE
coUNTY Bo , oF S ERVISORS
STATE OF ARIZONA)
)ss
County of Mohave )
The foregoing instrument was acknowledged before me this~.e,~ day of~u.~~,
1998, by James R. Zaborsky, Chairman of the Board of Supervisors of Mohave County, Arizona,
a body politic and corporate and a political subdivision of the State of Arizona, on behalf of
Mohave County, Arizona.
Notary Public
My Commission Expires:
the
~ervisors
STATE OF ARIZONA)
)ss
County of Mohave )
The foregoing instrument was acknowledged before me this ~k//~ day of
1998, by Pat Chastain, Clerk of the Board of Supervisors of Mohave County, Arizona, a body
politic and coxporate and a political subdivision of the State of Arizona, on behalf of Mohave
County, Arizona.
My Commission Expires: lX ~W Public
APPROVED AS TO FORM:
WILLIAM J. EKSTROM, JR.
MOHAVE COUNTY ATTORNEY
By: Deborah L. Herbert,
Chief Civil Deputy County Attorney