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HomeMy WebLinkAboutProperty - Acceptance of Streets - 904 VE 02 Acquisition Agreement Between the Town of Oro Valley and Rivers Edge HOA, to Acquire the P I F. ANN RODRIGUEZ, RECORDER DOCKxI : 12378 RECORDED BY: D K ,voo PI1 j PAGE:. 92 DEPUTY RECORDER c�, ! 140 NO. OF PAGES: 22 .� SEQUENCE: 20041700050 7864 PE1 � ! ,�;-,� � \P`7.111 09/01/2004 SOROV ;��' RES 12:38 TOWN OF ORO VALLEY `J IZO1 11000 N LA CANADA ORO VALLEY AZ 85737 MAIL AMOUNT PAID $ 16.50 RESOLUTION NO. (R) 04-= ARES RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY APPROVING AN ACQUISITION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND RIVERS EDGE HOMEOWNER ASSOCIATION, TO ACQUIRE THE PROPERTY RIGHT OF WAY, DRAINAGE, SLOPE AND TRAIL EASEMENTS LOCATED WITHIN PIMA COUNTY TAX PARCEL NO. 224-28-1040 FOR THE PUSCH VIEW LANE EXTENSION PROJECT NO. OV 30 99/00 20. the Town of Oro Valleyis a municipal corporation within the State of Arizona, WHEREAS, and pursuant to the laws of the State of Arizona, the Town Council is authorized to enter into Acquisition Agreements to purchase property; and q WHEREAS, the Town wishes to acquire right of way B, drainage easements C, D, & E; slope easement F and trail easement located on property known as Pima County Tax Parcel No. 224-28-1040 for the Pusch View Lane Extension Project No. OV 30 99/00 20, which description is attached hereto as Exhibit A, B, C, D, E, and F; and WHEREAS,the Owner agrees to sell the property, which description is attached hereto as Exhibit A, to the Town; and WHEREAS, the Town Council finds that the acquisition of this property is in the best interests of the residents of Oro Valley. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1 . That the legal document entitled "Real Property Acquisition Agreement" (attached approved bythe Council for acquisition of the hereto as Exhibit G) is hereby q as Pima CountyTax Parcel No. drainage, slope and trail easement property known 224-28-1040. n. 2. That the Mayor and other administrative staff of the Town of Oro Valley are hereby l} work toward finalizingsuch an agreement as soon as authorized and directed to practical. f 4 • PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 18tliay of August , 2004. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kath n E. Cuvelier, Town Clerk APPROVED AS TO FORM: - • 'tz, .4i: ;,. ney fl� J31i. i+:ueP Al1II" rLLI31�� ru.F hll L�' i;. U\Resolution\Resolution Risers Edge HOA Easement Acquisition.doc 2 Tome of Oro Valley Attorney's Office/ca1080204 EXHIBIT A TOWN OF ORO VALLEY REAL PROPERTY ACQUISITION AGREEMENT This Real Property Acquisition Agreement"Agreement" is made by and between Rivers Edge per' Homeowners Association, (the "Owner"), and The Town of Oro Valley, a political subdivision of the State of Arizona, (the "Town"). 1. Property. The Owner is the owner of a parcel of property within the County of Pima, a portion of tax parcel 224-28-1040 (the "Owner's Property"), as described in Exhibit A, including all improvements located thereon. 2. Fee Title. The Town has determined the need to acquire fee title to Owner's Property. In lieu of court proceedings and further to its power of eminent domain, the Town agrees to acquire fee title to the Property for Three Thousand Three Hundred Sixty Dollars ($3,360.00). The Warranty Deed transferring title from Owner to the Town shall be provided at close of escrow. 3. Warranty Deed. The Owner shall convey to the Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified within a title report, to be provided at close of escrow. 4. Forms. Any and all other closing documents shall be done on forms to be provided by the Town's title company of choice. 5. Title Search. In the event the title to the Property cannot be cleared to the satisfaction of the Town pursuant to a title search, this agreement shall be void. 6. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall, upon demand by the Lienholders,be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. 7. Closing. Closing shall be on or before the 30th day after the date of execution of this agreement. 1'C'!9` Ae;, +lui• tnl{le pti ir n 11 Y1' Iltl tf!• rll i qtr�i: Page 1 EXHIBIT A • Environmental Representations. Owner hereby represents and warrants that,to the best 8. P of Owner's knowledge, no pollutants, contaminants,toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 9. Environmental Indemnification. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Property, each party remaining responsible for its obligations as set forth by law. 10. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bring the Property into compliance prior to closing or Town may p terminate this agreement. If environmental inspection reflects possible contamination, thearties herebymutually agree to extend date of closing for a reasonable time for p Owner to complete such environmental clean up. 11. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the Property. 12. ClosingCosts. Expenses incidental to transfer of title, including title reports, recording o fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid 100%by Town. 13. Right t of Entry. The Owner hereby grants to Town, its agents and contractors, right of g '�' entry to the Property upon execution of this Agreement for purposes of extending La Canada Drive from Tangerine Road to Moore Road. 14. No Sale. Owner shall not sell or encumber the Property before closing. 15. Conflict of Interest. This Agreement is subject to A.R.S. 38-511 which provides for Ir cancellation of contracts byThe Town of Oro Valley for certain conflicts of interest. r= ells:: Itl 16. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing. 'w it v. pdi 1 1•. Ftp 3.. 1111 LI: Page 2 EXHIBIT A 17. Entire Agreement. This signed document shall constitute the entire Agreement between thep arties and no modification or amendment to this Agreement shall be binding unless in writing signed si ed by both parties. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainderp roperty and shall relieve the Town of all further obligation or claims relating to Property. TOWN OF ORO VALLEY , - -7--..-30,...-- J��'',',r,/9-j>� r�rc' -- lz r it i6--1,,/e; Mayor Rivers Edge Homeowners Association By .- DATE: �%..r f` ._ DATE: c-----, L/0-C--17 /., ,../ ATTEST: BY: % '. own Clerk Oro Valley, Arizona 85737 REVIEW AS TO FORM: BY: -,OPP Op Town A orn DATE: dm-4,rifi STATE OF ARIZONA) )ss: COUNTY OF PIMA ) On thi day off , .. 2004, before me the subscribed personally appeared LL.f.--)6-4Cal-si,A,,o_iv,., to me known and known by me to be the person who executed the within ''' Agreement and (s)he acknowled ed to me that (s)he executed tie same Agre duly g r (445 rr ..,. Notary := Commission Expires: ov: I Li ac_____L --t--- ry OFFICIAL S • ... _,-<''-',,,, ,, LISA K. 0' =' 3 ki ,;'11 N rr Public Sate of Arizona ,',' PIMA COUNTY My Comm.Expres Nov.10,2007 Naomi) ACQUISITION B EXHIBIT A LEGAL DESCRIPTION(RIGHT OF WAY) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and Plats,recorded in Pima County,in the East half of Section 12,Township 12 South, Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows: BEGINNING at a brass capped survey monument marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet, said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc length of 175.27 feet through a central angle of 05°-27'-50",to the TRUE POINT OF BEGINNING; THENCE continuing westerly along said southerly Right of Way and curve an arc length of 552.12 feet through a central angle of 17°-12'-42"to the southwest corner of said Lot 120; THENCE North 89°-24'-06"East 605.95 feet along the south line of said Lot 120 to the northerly Right of Way of Pusch View Lane, being also a point on a non-tangent curve concave southwesterly whose radius point lies South 27°-38'-37"West 1030.00 feet distant; THENCE westerly along said northerly Right of Way and curve an arc length of 111.60 feet through a central angle of 06°-12'-29"to the beginning of a curve concave easterly, whose radius point lies North 21°-26'-07"East 150.00 feet distant; THENCE northerly along said curve an arc length of 304.90 feet through a central angle of 116°-27'-41"to the southerly Right of Way of said Lambert Lane and the TRUE POINT OF BEGINNING,containing 58,566 square feet. 651/4274741147- oilsX111 c VANWAGE.NEN Lc:r nlnr E:\0204\00`row\legaldesc\row1224281040r.doc 21V21 K 0 , . NNW N UNE DATA UNE BEARING LENGTH EXISTING RAY N 89'24'06'E 605.95' '" CURVE DATA CURVE RADIUS DELTA LENGTH TANGENT LAMBERT LANE C15 1837.95' 1712'42 552J2' 278J6' CONSTRUCTION C/L C16 1030W 612'29' 111.60' 55.85' i - ,--_-: . :,--;--------- ------- C17 /5000' _ IA6'27'4r 304.90' 24222 ',, / ,, . , c 7 % . . ,/' \T // . / \ / , / / i 7 ':- / , 11011# • ♦ / / / / ♦ \ N. / \--,-.—--'----:.....--:./ RIGHT OF WAY ,/' / / 4 ' (58.566 SF) ...-•-1 ... * ♦ //// / / /III /# , t t ♦ 1 i , /'a� 1 / , 1 LAUBERT LANE /•-/ /r �' 1 R/W C/L , 1 1 \ , / / 1 1 1 / '1224-28-(040 ; 1 .' / i1 EXISTING R/W, '' / i /1 ,', TJ'A� I ;_ ,•':, / / it ' CI7 __--I iv' i ---' / 1 A __- i . __,__ ,- ,_, • - 4, dr __ , • 7/4 , . E.A.,. / C16 PROPOSED R/W - ..." _ Afattp-Airv-ArA._-__ ,/ / 1 4 Op.4 0 i p.4.IPr4r / % ....... ......-----., -A -e,_ 4 ..iti. .......... .....„ ..... A,...awAltil.e.,..".... ' erid.: 1111.111111.111-Timo.Miliry" Wm- PUSCH VIEW LANE - ---. . al ......... --"':=13:: :,.m.m.u. ... 01°` L37 . _4V 2NV4 CONSTRUCTION C/L 9 1,tx .- t ./ - .y-....,‘\i(?' iCA-- '74-4/0,./9.1 ,. _ 28745 <<, � VANWACrfdN n.. PROPOSED R/W 11 �1 i EXHIBIT B Qf�s-3-� ��`' p:nr • 17 igl}ed '. 224-28-1040 �i �, Arge� F�(FIRST AMERICAN TITLE „�. Use or alteration of the information n this instrument for other than the r. • V c specific purpose for which it was intended and for other than the client INS CO TR 5589) '�' IS: �� ti for whom it was prepared is forbidden unless expressly permitted in writing �7 DATE= 6/03 ����' o in advance by R S ENGINEERING INCORPORATED.and R S ENGINEERING BOOK 4 / PAGE 41 r� r ' s4CORPORATED shalt hove no fablIty to any use of this information without SCALE' -200 :i RIGHT OF WAY ACQUISITION SHEET= OF 1 .�n°;:' o their written consent. C R S ENGINEERING ,,n�,f. m �,3 ,.., N TOWN OF OiirO VALLEY GINEERINGENDEPARTMENT OF PUBLIC WORKS CONSULTING ENGINEERS , v 214S N¢t TM TUCSON DOM(YARD.TUCSON.2/1i ZUNI 85716 15201 T71-3933 f UI:15707 771-705 PUSCH VIEW LANE N COTS[NGIKER IMG EXTENSION (NJ, 0 m • DRAINAGE[WAY] EASEMENT C For and in consideration of the sum of Two Hundred Thirty dollars ($230 . 00) , Rivers Edge Homeowners Association ("Grantor") does hereby convey to the Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantee") , an easement for the construction and maintenance of a drainage way, including but not limited to, drainage improvements over, under and across the property described on the attached Exhibit "A" (the "Property") . The Grantee shall have the right to construct and maintain improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and its improvements located thereon. Grantor agrees that no buildings, structures, fences or trees shall be placed upon the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Grantee . Allg rants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to the Grantee and Grantor . IN WITNESS WHEREOF, Grantor has executed this easement this 7 day of 2004 . 1 By• J /1/4.12- 7(- Title : 1 Title : . 'rc�'ms's -frf=f� (e e.,4-c;(U /?4 STATE OF ARIZONA ss COUNTY OF PIMA This instrumentr,_Was subscribed, sworn. to, ancir„acknowledged before me this , 2004 , b yLLic,55cclik__ i 3 d a y o f � �� . s t 1 1 Notary Public i119:' Shu i:r 5 • f MyCommission Expires • - - - OFFICIAL SEAL `'. LISA K. O'NEILL ��: .n; '�r�-t'�.� 4:71: i :c.,— 1- Notary Public-State of�� • tpr,,i;, •c`t�c• 9�;:i; atmsPIMA COUNTY , hne! My Comm.Expires Nov.le,2007 D:\henry\george\Oro Valley\PUSCH LANE\Rivers Edgc.doc • • EASEMENT C EXHIBIT A LEGAL DESCRIPTION (DRAINAGE EASEMENT) PUSCH VIEW LANE EX'T'ENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A' Book 47 Page 41,Maps and Plats,recorded in Pima County,in the East half of Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona, described as follows: BEGINNING at the southwest corner of said Lot 120,being also the beginning of a non-tangent curve concave northwesterly, whose radius point lies North 24°-53'-30"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane; THENCE easterly along said southerly Right of Way and curve an arc length of 727.39 feet through a central angle of 22°-40'-32"to a brass capped survey monument marking a point of tangency from which a brass capped survey monument marking a point of curvature on the said southerly Right of Way bears North 42°-25'-28"East 217.07 feet(North 42°-57'-35"East 216.95 feet record,Book 47 Page 41); THENCE North 42°-25'-28"East 52.41 feet along the said southerly Right of Way to the TRUE POINT OF BEGINNING; THENCE continuing North 42°-25'-28"East 78.91 feet along the said southerly Right of Way; THENCE South 00°-13'-45"West 85.00 feet; THENCE South 07°-36'-0l"East 51.68 feet; THENCE South 10°-12'-05"East 41.56 feet; THENCE South 14°-37'-34"East 115.42 feet to the westerly prolongation of the southerly lot line of Lot 112 of said Rivers Edge Lots 103-120 and Common Area `A'; THENCE South 71°-28'-43"West 74.94 feet along the said prolongation of the southerly lot line of Lot 112; THENCE North 01°-59'-50"East 58.99 feet; THENCE North 12°-03'-12"West 67.74 feet; THENCE North 07°-36'-00"West 99.87 feet; THENCE North 00°-13'-40"East 30.17 feet to the southerly Right of Way of Lambert Lane and the TRUE :1' POINT OF BEGINNING,containing 15,483 square feet. ::11: ,o0D LAND 6,(„„ -,0-ICA rF AzYt., 1:_,: GO.45 0 I- ) SI:� KRIS VANWAGENEN 1. Fid -T s"?ned iifi-,71rf' ---7-------------- E:\0244\u_J\row\Iegaldesc\drainage\2242810402.doc r .. . ‘ tr .I l N UNE DATA 4()t- , UNE BEARING LENGTH ,- L61 N 42'25'28'E 78.91 ,- � L62 S 0.13'45'W 85A0' EXISTING RAY '' L63 S T 36'Or E 5168' L64 S KT 12'05'E 4156' LAMBERT LANE - L65 S 14'37'34'E 115,42' CONSTRUCTION C/L L66 S 7r 28'43'W 74.94' ' - ' L67 N r 59'50'E 58.99' , -' L68 N 1203'12'W 67.74' , � ' L69 N 07'36'00'W 9937' ,' / 170 N 0.13'40'E 3017' ,' /' , \, , 0 J J i i ' ' V \)•4 \VN ''' IS L61 J TPDOB UO r/' 4 .• N, �, L62 -- J / / ,' 14 1 _ ',' /' ' L63 - • L69 '' J/ / L64 III, LAMBERT LANE / / RAY C/L -- / /' L68 ' L65 j i N. }/ A - 6, , / ,' L67 ► 224-281040! 1 , ,...---_-_-----i- ; - \STING R/W �./- - DRAINAGE EASEMENT 1 (15.483 SF) •l---- �` ' PROPOSED RAY ' :- , 1'�'"V;;;..,'"'"''` ........1&.... _11111111 .11 -_-1.-rs---- W': -\ ' PUSCH V1EW LANE . ICTroN cil LAND S ____ _ �A%1174 •, ro :0 651/4 4b (5._ ___ 28?45 • F VANWAGENEN • PROPOSED RAY ci,2-'dW EXHIBIT B \ >z � rill,,, 224-28-1040 / (FIRST AMERICAN TITLE ' P7".""="Use or olteration ofthe nformotion In thus Instrument for other than the (� T p t,. o specific purpose for which it was intended and for other thon the client INS `,O I I1 5 5 8 9) r. v for whom it wos prepared is forbidden unless expressly permitted in writing -] PAGE /� DATE= 06/03 in advance by R S ENGINEERf�1G INCORPORATED,and R S ENGINEERING BOOK 47 f AGE `t 1 �� 1 INCORPORATED shot hove no f;ataty to ony use of this information without SCALE: =200' ��~ Otheir written consent. ® R S ENGINEERING DRAINAGE EASEMENT ACQUISITION SHEET: 1 OF 1 l CO u�i: Tr TOWN O OO VALLEY " R S EN G I N EERINGDEPARTMENT OF FUBLIC WORKS og CONSULTING ENGINEERS PUSCH VIEW LANE N v ?�15 WPM TUCSON 150U1[YARD. TUCSON.ar+{IO►u 115716 ism 751-5433 fa:WO)791-4405 N GAS E.L I NC[II IK N� EXTENSION � o 0 DRAINAGE [WAY] EASEMENT D For and in consideration of the sum of Ten dollars ($10. 00) , Rivers Edge Homeowners Association ("Grantor") does hereby convey to the Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantee") , an p easement for the construction and maintenance of a drainage way, Ing cludin but not limited to, drainage improvements over, under and across the property described on the attached Exhibit "A" (the p "Property") . The Grantee shall have the right to construct and maintain improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and its improvements located thereon. Grantor agrees that no buildings, structures, fences or trees shall be placed upon the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Grantee. Allg rants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to the Grantee and Grantor . IN WITNESS WHEREOF, Grantor has executed this easement this /7 day of 2004 . By: Title • T STATE OF ARIZONA ss COUNTY OF PIMA This instrument was subscribed, sworn to, and acknowledged before me this Vt-Tv\ dayof .� , 2004 , by�� 1 r 1 No aryubli'c t?. 11:1 t1: Itiil Cl w� a: ,„ My Comm ission Expires . �� , � �� r��A(,+'...�_,1• ---- � :...... .: r... :..:-_... 1u111,z::.F OFFICIAL SEAL .::■• ; LISA K. O NEILL ; Notary Public State of Arizona lid ~4.4r, PIMA COUNTY My Comm.Expires Nov.10,2007 D:\henn'\gorge\Oro Valley\PUSCH LANE\Rivers Edgc.doc EASEMENT D EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and Plats,recorded in Pima County,in the East half of Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows: BEGINNING at a brass capped survey monument marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'43"West 1290.63 feet(South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly, whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc length of 29.25 feet through a central angle of 00°-54'-43",to the TRUE POINT OF BEGINNING; THENCE continuing westerly along said southerly Right of Way and curve an arc length of 35.00 feet through a central angle of 01°-05'-28"; THENCE South 46°-39'-24"East 20.32 feet; THENCE North 43°-20'-40"East 35.00 feet; THENCE North 46°-39'-22"West 19.99 feet to the southerly Right of Way of said Lambert Lane and the TRUE POINT OF BEGINNING,containing 704 square feet. LNID 2845 KRIS VANWAG=NEN % z-3.24— 1,55 e Sigma ns c -p yt E:\0204\' \row\legaldesc\drainage\2.24281040.doc N LINE DAT A LINE BEARING LENGTH L92 S 46 39'24'E 20.32' EXISTING RAY L43 N 43'20'40'E 35.00' , --— L44 N 46'39'22'W 19.99' CURVE DATA UI�VBERT INE CONST RUCT ION C/L � I CURVE RADIUS DELTA LENGTH TANGENT I C18 1837.95' !'05'28' 35.U0' x1.5a ' .///''\,- 0 rVI • ,s ".• . C'RI, % ' /' _A.R)X/ /' Wv 2//' 2-2.-----------' S / I/ / / / / / / \ / , / / / DRAINAGE EASEMENT TP.O� / /� �/ � - f704 SFJ Cl8 / / Il - // .tom /' A / /I / / / ! / — / L44! ......_* /' // *... / 1 1 . - LAMBERT LANE .' 1 ' '// ' /' it 1 RAY CSL /�i ,� 1 / 1 > � ` /' 1 / i / "L42 i i EXISTING RAV ' i / /� ,', L43 t 1 i 1 - '' - / , 224-28-1040,-- -Jc-- - / % PROPOSED RAV I, /./ 1 / % `:‘ / ..Ali1 �II---`� 1 AirF— '"""....: ..-9 . t r —' PUSCH VIEW LANEt CONSTRUCTION C/LD T... 0411kett . . .9„,, 7-‘16-6----A-TNI, \ --58-64) (// 28.4551/4 'lb 0 t KRIS VANWAGE.NEN ''t PROPOSED RAV -03-o '`'` .,z;: EXHIBIT B ;.. 224-28-1040 cn ;�`� Use or alteration of the inforotion in this instrument for other than the (FIRST AMERICAN TITLE I"•i specific purpose for which it was intended and for other than the client I N c S C 0 TR 5 5 8 9) t�i o for whom it was prepared is forbidden unless expressly permitted in writing DATE: 06/03 'l v in odvonce by R S ENGINEERING INCORPORATED.and R S ENGINEERING BOOK 47 PAGE 41 " ' El v INCORPORATED shdlhove no iat>i;ity to any use of this information without SCALE: '20� 1 o their written consent. ® R S ENGNEERNG DRAINAGE EASEMENT ACQUISITION SHEET: 1 OF 1 IS cl rs.N1.1 j"\. ) `, ALLEY 9i,,i R SN G I N E E R I N G DEPARTMENT OF PUBLIC WORKS_ 16 2 CONSULTING ENGINEERS ~ N v Nt5 NORTH TUCSON BOULEVARD.TUCSON.ARIZONA11571iT1i 15501 711-3133 1570)751-5405 PUSCI-1 V I11 E W LANE -. ORSErGIMEERIMG EXTENSION N -.. O ND DRAINAGE [WAY] EASEMENT E For and in consideration of the sum of Ten dollars ($10 . 00) , Rivers Edge Homeowners Association ("Grantor") does hereby convey to the Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantee") , an easement for the construction and maintenance of a drainage way, including but not limited to, drainage improvements over, under and across the property described on the attached Exhibit "A" (the "Property") . The Grantee shall have the right to construct and maintain improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and its improvements located thereon. Grantor agrees that no buildings, structures, fences or trees shall be placed upon the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Grantee. Allg rants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to the Grantee and Grantor . IN WITNESS WHEREOF, Grantor has executed this easement this /7 day of � fy , 2004 . 1 � By Title: iAnwitt 1 idr—b1-4D/-1 STATE OF ARIZONA ss COUNTY OF PIMA This instrument was subscribed, sworn to, and ac nowledged before me this 3 . J(/ • ` r Notary Public My nt�: wut. Commission Expires : V Lai OFFICIAL SEAL �,.�,:•j�, LISA K. Q'N E I LL ' •t.; Notary Public-Stab of mon y 'W' PIMA COUNTY - Env Comm.Expires Nov.1 v.20;,t r -z' ..w"'.�—!ST.'S'.:.—"+!'r".,rcrrr•..?a!„..1G.',�^.''C E-S}'a +_r—r'. 1,: D:\henry\george\Oro Vallev'\PUSCH LANE\Rivers Edge.doc - • = EASEMENT E EXHIBIT A LEGAL DESCRIPTION(DRAINAGE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A' Book 47 Page 41 of Maps and Plats,recorded in Pima County, in the East half of Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows: BEGINNING at a brass capped survey monument marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County,said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument, being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE southwesterly along said southerly Right of Way and curve an arc length of 148.92 feet through a central angle of 04°-38'-32",to the TRUE POINT OF BEGINNING; THENCE continuing southwesterly along said southerly Right of Way and curve an arc length of 26.35 feet through a central angle of 00°-49'-17"to the beginning of a curve concave easterly whose radius point lies South 42°-06'-11"East 150.00 feet distant that joins to the northerly Right of Way of Pusch View Lane; THENCE southwesterly along said curve an arc length of 12.41 feet through a central angle of 04°-44'-20", THENCE South 45°-36'-23"East 15.98 feet; THENCE North 46°-55'-07"East 38.00 feet; THENCE North 42°-55'-29"West 16.00 feet to the southerly Right of Way of said Lambert Lane and the TRUE POINT OF BEGINNING,containing 619 square feet. 4.714)- 2$?45 KNIS d.,. tVANWAGENE htl C: Itttli" 3 v:9 ;11tttti: tlttt.. iltuc E:\02(4\0 row\legaldesc\drainage\2242810401.doc 1 . i .0 N LINE DATA LINE.{. ...)„ BEARING LENGTH L45 S 45'36'23'E 1598' L46 N 4655'07'E 38X --" L47 N 4Z55'29'W 16.00' CURVE DATA CURVE RADIUS DELTA _LENGTH TANGENT LAMBERT LANE C19 -1837.95' C'49'17' 2635' 13.18' CONSTRUCTION C/L , C2' I50W _ 444'20' 124r 6.2r ::----------------- ..- il. .''',//0(C Z' . V /' X/ e.(& N ,/', d6\f \, / '1:* , //// , 1 1 / \__,, '--'- - . '_......' / 1 I' / 1 / TP.O� ,''.' // i i ,- C19 , / � � 1 - C20 4,/ 4,0,�/ � ti ti -- 11, .- 41, ,I II t \ LAMBERT LANE ,�� ipP4,1L47 ' 1RAI( C/L \. % 224-284040; ' 1 ,,, .-- / / 1 lic / / L46 ' ,�- ......- , / 1 1 - Y DRAINAGE EASEMENT • ; 1619 SF) ST1NG R/W ' / 1 ' • -' i ` _ /i PROPOSED RAY r ''''-ir--- ; _,----- - "V........... ,„„., ......:..000.i tI -'� =, ��►` '� PUSCH VIEW LANE -11S.,,,. 11",,* CONST RUCTION C/L . At$,P47'`, ,0,_ .cl•-°1-Atlf)Se/- '� ��.1CAreA, Gam, _ _ _ -- ... SI 28740? - PROPOSED RAY N\II."<<. � � KRIS gin; VANWAGENEN '! EXHIBIT B (376, �-.3-04- :, gnu::_ E 224-28-1040 -1,5),, s'.,, _°` (FIRST AMERICAN TITLE f •. e • r= Use or alteration of the information in this instrument for other than the ��.!�'_A��� F'; c specific purpose for which it was intended clod for other than the client INS CO T R 5 5 8 9) , s �j for whom it was prepared is forbidden unless expressly permitted in writing 6r'`. DATE= 06/03 in advance by R S ENGINEERING INCORPORATED.cod R S ENGINEERING BOOK 47 PAGE 41 ' v INCORPORATED shallhave no tfobitity to any use of this information without SCFE' 1 =200 0theiwritten consent. ® R S ENGINEERING DRAINAGE EASEMENT ACQUISITION SHEET: 1 OF 1 4. of .3 N TOWN OF OO , ALLEY NGINEERINGDEPARTMENT OF PUBLIC WORKS 0 74, CONSULTING ENGINEERS L^�'a 7145 NORTH TUCSONEvA*0.Tarsor.AAIZE 11ST16 15201 7T)-3533 TAX:1520)T91-9405 P U S C H Y`/I E W ANE 0 ry ry CRS D4I,4ERINC EXTEN !flJN 1 r30 SLOPE EASEMENT F For and in consideration of the sum of Forty dollars ($40 . 00) , Rivers Edge Homeowners Association ("Grantor") does hereby convey to the Town of Oro Valley,, a municipal corporation of the State of Arizona ("Grantee") and maintenance o f a slope oe) , an easement for the construction p Easement, including but not limited to, slope improvements over, under property across the described on the attached Exhibit "A" (the "Property") . The Grantee shall have the right to construct and maintain improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and its improvements located thereon. Grantor agrees that no buildings, structures, fences or trees shall be placed upon the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Grantee. Allgrants,rants covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to the Grantee and Grantor . IN WITNESS WHEREOF, Grantor has executed this easement this / 7 day of 4:42e , 2004 . / . 1 f � -_ . Titl- "Pr, ` _. o f Aff I/ZA-ei. et4e._ linif STATE OF ARIZONA ) ss COUNTY OF PIMA ) This instrument was s scribed, sworn to, and acknowledged before dayof �- L},L4,-Lti2004 , by • 1• _ me this (Z _ _:a cam---k f: �_ (,` +I7 '� 4 ' G T �• , i�,.. or 7711 , ip 1��y, L# 1S i - c, �'1 ,_______ Nttary Public "1' du;:: .,:l" My Commission Expires: lq,‘" i C a—T-,`' �`._ OFFICIAL SEAL LISA J .4%`4112`e, KO'NEIL ��;= r •#rte. - 4t' .,;� ' Notary Public State of Arizona 1�-� PA,'�:, PIMA COUNTY "t' '. .,s''. si Nov. 7 ,'. tv Cc-nn.� es , P • i,.'.,., ,^t, -•f,,,, ,•,Si`9J,:,.moi'.. .0 J . D:\henn'\george\Oro Valley\PUSCH LANE1R.ivers Edge.doc t EASEMENT F EXHIBIT A LEGAL DESCRIPTION(SLOPE EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots 103-120 and Common Area 'A'Book 47 Page 41 of Maps and • Plats,recorded in Pima County, in the East half of Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona, described as follows: BEGINNING at a brass capped survey monument marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet,said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County, said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet(South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly, whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc length of 727.39 feet through a central angle of 22°-27'-50",to the southwest corner of said Lot 120; THENCE North 89°-24'-06"East 605.95 feet along the south line of said Lot 120 to the northerly Right of Way of Pusch View Lane,being also a point on a non-tangent curve concave southwesterly whose radius point lies South 27°-38'-37"West 1030.00 feet distant; THENCE westerly along said northerly Right of Way and curve an arc length of 111.60 feet through a central angle of 06°-12'-29"to the beginning of a curve concave easterly,whose radius point lies North 210-26%07"East 150.00 feet distant; THENCE northerly along said curve an arc length of 122.41 feet through a central angle of 45°-45'-21"to the westerly prolongation of the southerly lot line of Lot 112 of said Rivers Edge Lots 103-120 and Common Area `A'; THENCE North 71°-28'-43"East 70.24 feet along the said prolongation of the southerly lot line of Lot 112 to the TRUE POINT OF BEGINNING; THENCE North 18°-31'-17"West 20.00 feet; THENCE North 71°-28'-43"East 135.00 feet; SIL': THENCE South 18°-31'-17"East 20.00 feet to the said prolongation of the southerly lot line of Lot 112; ncr:. THENCE South 71°-28%43"West 135.00 feet along the said prolongation of the southerly lot line of Lot 112 to the TRUE POINT OF BEGINNING,containing 2,700 square feet. ;_; . dp` nio tC�A. G 8?45TF 0 KRIS VANWAGENEN fl2-O3 , E:1020410r -owllegaldesc\slope1224281040s.doc ! "N U .cj • a ! V f • • N UNE DATA -4( UNE BEARING LENGTH • EXISTING RAV ,- " L38 N 18'3r 17'W 20D0' - " L39 N 7r 28'43'E 13500' L40 S I8'31'17'E 20:x0" , L4I S 7r 28'43'W 135W LAMBERT LANE ' CONSTRUCTION C/L :->.. -...----> / / / / ' / / / / • • x z % ' / ! / e • ''' !' / V /' • '' 4 r., \V /7/ / / / / ! / / ! / / / / \_/'-- <_........ /// / // / , ..-••• i / / i •• / / / / / 1 1 1 _.i /,I//.,//1.//./,,// \ N LAMBERT LANE //' / ,/ / "� %1,i, 1 / ,_ / ‘, 224-28-1040 \ i I Lilo` EXISTING R/W /' L39 . ), I , , f '' � // , / L � � '�- ' r ‘1 L4/\�SLOP ` E707ASSF M1E NT BP _ ` ,----- ` PROPOSED R/W ✓ i...,...............:... �-- �%''-—sly ‘Ii‘la.."'"."1"" . . .""C .1'- 41..... -- aiippb.7.-1.-� PUSCH VIEW LANE �,�.-- --_ ! CONSTRUCTION C/L r r::: , Nti7P. '. rO,_ 441—LAN% -cc',,,,,,'.C.1.1C'651/4'*‘2:81:7 14 -----__________----->,,--_ I N., NN\(- "5" PROPOSED R/W -" EXHIBIT B ' ' `'`, N 224-28-1040 �'r/- , ,,. (FIRST AMERICAN TITLE Use or alteration of the i formation in this instrument for other than the COT %,:t../. specific purpose for which it was intended and for other than the client INS O I R 5589) ! c for whom it was prepared is forbidden unless expressly permitted in writing (� " m advance by R S ENGINEERING INCORPORATED.and R S ENGINEERING BOOK 4 PAVE 4 DATE: 1 /03 .. e INCORPORATED shill hove no iabiity to any use of this information without SCALE: 1 =200 ; otheir written consent. 0 R 5 ENGINEERING S LOPE EASEMENT AC O U I S I T I O N SHEET: 1 OF 1 1, 0 ..is. N rl„}: N TOWN OF as * VALLEY ENGINEERINGDEPARTMENT OF PUBLIC WORKS 0 7;413 CONSULTING ENGINEERS N 0 2145 MOR 1M TUCSON Bala'LID.10(501.LA 17041 115116 15201 193-3911 110:15201 791-9105 PUSCH v LANE .--,,,, N- EXTENSION om TRAIL EASEMENT G For and in consideration of the sum of Five Hundred Fifty ($550 . 00) , Rivers Edge Homeowners Association ("Grantor") does hereby convey to the Town of Oro Valley, a municipal corporation of the State of Arizona ("Grantee") , an easement for the construction and maintenance of a Train waincludingbut not limited to, Trail Way improvements over, under Y and on the attached Exhibit "A" (the across the property described "Property") . The Grantee shall have the right to construct and maintain improvements within the Property and to enter upon the Property for the purpose of maintaining the easement and its improvements located thereon. Grantor agrees that no buildings, structures, fences or trees shall be placed upon the Property and that the natural contours of the Property shall not be excavated, filled or altered without the prior written approval of the Grantee . Allg rants, covenants and conditions of this easement shall inure to the benefit of and be binding upon the successors in interest to the Grantee and Grantor . IN WITNESS WHEREOF, Grantor has executed this easement this / -7 day of 2004 . 11 By:L,Z7T,Z - Title: ,. 7-( - .t.--Cl- , kL-e.ii-e:}?Acv i;4-/- . (71C fi STATE OF ARIZONA ) ss COUNTY OF PIMA ) This instrument was subscribed, sworn to, and acknowledged before me this day o fL,- , 2004 , b y L .-� cs, icOurc .-s..-- , - i t 1 Ad ‘. / ___2,1,2 -,2..1 INo €arc Pub c �; INR:` My Commission Expires : j 17 - OFFICIAL.SES .,.. 'i:2 ;.; LISA K. O'N EI LL k27,5)I.. E" Notary Public- r Eli '444„009 1 RIMA COUNTY My Comm.Exkes Nov.10, 2007 t -, r..:,r ,.. ^r.,.-_,-,Vis -v r-v." e^.:.,.,,,;,:^c.-_,'r•a,sc� s. D:\herwlgeorge\Un,`:aIle•. `NE\Rivers Edge.doc EASEMENT C EXHIBIT A LEGAL DESCRIPTION(TRAIL EASEMENT) PUSCH VIEW LANE EXTENSION TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS PARCEL NUMBER 224-28-1040 A Portion of Lot 120 of Rivers Edge Lots l 03-120 and Common Area 'A' Book 47 Page 41 of Maps and Plats,recorded in Pima County, in the East half of Section 12,Township 12 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona,described as follows: . BEGINNING at a brass capped survey monument marking a point 75.00 feet northerly of that point of tangency of a 1313.15 foot curve whose radius is 1762.95 feet, said point of tangency lying northeasterly 197.73 feet from that point of terminus on the centerline of Lambert Lane described in Docket 9332 Page 508 recorded in Pima County, said brass capped survey monument lying South 69°-59'-13"West 1290.63 feet (South 70°-31'-15"West 1290.59 feet record)from a brass capped survey monument marking a point 75.00 feet southerly of that point of curvature of the above described curve; THENCE North 69°-59'-13"East 1290.63 feet to a brass capped survey monument,being also the beginning of a non-tangent curve concave northwesterly,whose radius point lies North 47°-34'-02"West 1837.95 feet distant,on the southerly Right of Way of Lambert Lane described in said Docket 9332 Page 508; THENCE westerly along said southerly Right of Way and curve an arc length of 727.39 feet through a central angle of 22°-40'-32",to the southwest corner of said Lot 120; THENCE North 89°-24'-06"East 605.95 feet along the south line of said Lot 120 to the TRUE POINT OF BEGINNING,being on the northerly Right of Way of Pusch View Lane,being also a point on a non- tangent curve concave southwesterly whose radius point lies South 27°-38'-37"West 1030.00 feet distant; THENCE westerly along said northerly Right of Way and curve an arc length of 111.60 feet through a central angle of 06°-12'-29"to the beginning of a curve concave easterly,whose radius point lies North 21°-26'-07"East 150.00 feet distant; THENCE northerly along said curve an arc length of 122.41 feet through a central angle of 46°-45'-21"to the westerly prolongation of the southerly lot line of Lot 112 of said Rivers Edge Lots 103-120 and Common Area `A'; THENCE North 71°-28'-43"East 240.54 feet along the said prolongation of the southerly lot line of Lot 112; THENCE South 18°-31'-17"East 216.70 feet to the south line of said Lot 120; THENCE South 89°-24'-06"West 111.00 feet along the south line of said Lot 120 to the TRUE POINT OF 11_ ii BEGINNING,containing 36,571 square feet. `''' n:.• o. LAND c,Y � It C, Ocit re 4b <4). C? e 2$745 • 0 ,I,:: 6 KRIS t11` In•. VANWAGENENo 2-3-0 4.--/ a,; :ii1 sy.4)/ ;.•:.0. :i..,- Xj„ As- "'' t7 ----- E_102041001row\1egaldescltrai1\224281040t.doc Y M r 1 tff_ UNE DATA UNE BEARING LENGTH LAMBERT LANE L48 N lr 28'43'E 24054' CONSTRUCTION C/L L49 s 031117'E 2/670" - L50 589'24'06 W 111.00' , LAMBERT LANE - - CURVE DATA R/W C/L -' "- CURVE RADIUS DELTA LENGTH TANGENT , C2I 103000' 612'29' IIIr60' 55B5' i C22 ! 150.00' 46 45'2r /22.41' 64.84' , Z / / V / / %. ‘ 0 N , / ,.k., \( EXISTING RAY ,/// ' ', N. ,/ / , , , ,/, . / z/ i'l , I pi, ............. __. -- EXISTING R/W ,' t * .' // .#4 t 1 / v 1 1 i' / / / 1 ` • ,7,' • / / ' ' L48 I, j, TRAIL EASEMENT i C22,1:::-%ij,-- (36.571 SF) ., 1 1 III 1r L49 ` ' '' �� 224-28-1040 II Illr''. -411-1- Almi\- —_I -1/ AI> L50 A e$1 i"1"4 of 4-45�-^ - -' —Lls,\,__ PROPOSED R/W l'4 l -�C/,A ��.� eaipi-ir,,v.--. .ic-..- r PUSCH VIEW LANE w(. 1 28745 7 'n r�� �� CONST RUCT ION C/L cc • ��` • .SIS - •� v VAN1 AGENEN iii :::______________ III' 'I `I IIII �I / O�! ��7--__ --�' . _/J\/ PCZ+ JJ . -______ I-- co �.q ..q.1),,,,,2-'3-134-7' N A<\ <<\*, T PJOR. A it, PROPOSED R/W EXHIBIT B 1. ,wz 224-28-1040 kw., (FIRST AMERICAN TITLE ',M.. Use or°Iteration of the information in this instrument for other than the c specific purpose for which it was intended and for other than the client INS C 0 TR 5589) v for whom it was DATE: 06/03 ""�'{ prepared ed is forbidden unless expressly permitted in writing �. m i advance by R S ENGINEERING INCORPORATED,and R S ENGINEERING BOOK 4 7 PAGE 41 f41 +- INCORPORATED shop hove no liability to any use of this information without SCALE: 1" =200' 0. o their written consent. C) R S ENGINEERING TRAIL EASEMENT ACQUISITION SHEET: 1 OF 1 "i 0 to T TOWN OF 0 , , 0 VALLEY .0,`. EN GIN EERI N G DEPARTMENT OF PUBLIC WORKS 0 CONSULTING ENGINEERS PUSCH VIEW LANE N o I/15 MCP T.TUCSO.WA M.O.TUCSON.A.IZOw► IISTIG 1570/T91-3333 CU:1520)791-9105 1'v On Ewciwr[nlMc oO EXTENSION c. O O