HomeMy WebLinkAboutProperty - Acceptance of Streets - 904 14 Accepting an Equestrian Trail Easement from Logan's Crossing HOA F. ANN RODRIGUEZ, RECORDER 111111111111111111111111111111111111111111111111111111111111
Recorded By ':ML voF tik9r1
DEPUTY RECORDER 4"
Ai � ,, �j�, p SEQUENCE: 20141630187
1951 W,Q , �:'', yJtZ NO. PAGES: 16
SOROV '� "0ll''�, "v RES 06/12/2014
TOWN OF ORO VALLEY `9/IZ0� +� 13:11
11000 N LA CANADA DR MAIL
ORO VALLEY AZ 85737 AMOUNT PAID: $13.50
RESOLUTION NO. (R)14-29
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, ACCEPTING AN
EQUESTRIAN TRAIL EASEMENT FROM LOGAN'S
CROSSINGS HOMEOWNERS ASSOCIATION FOR THE
SOUTHWEST CORNER OF LOT 19 IN SADDLE VALLEY II IN
THE SOUTHERN MOST CORNER OF COMMON AREA B AS
DEPICTED IN EXHIBIT "B" AND ACROSS SADDLEHORN
DRIVE AS DEPICTED IN EXHIBIT "C"
WHEREAS, the Town desires to accept a non-exclusive equestrian trail easements over
and under the Logan's crossings Homeowners Association property designated as, public
trails for the sole, exclusive, and limited purpose of recreational non-motorized
pedestrian and equestrian by the public only, which Equestrian Easement is attached
hereto as Exhibit "A" and the legal description and maps of said Equestrian Easement are
attached hereto as Exhibit"B" and Exhibit"C"
WHEREAS, accepting the Equestrian Trail Easement allows the public to legally access
their property and to allow for recreational, non-motorized pedestrian and equestrian
usage; and
WHEREAS, it is in the best interest of the Town the Town to accept the Equestrian Trail
Easement, attached hereto as Exhibit"A" and Exhibit "B" and Exhibit "C", from Logan's
Crossing Homeowners Association to allow legal access to Common Area B and across
Saddlehorn Drive for the purpose of recreational, non-motorized pedestrian and
equestrian usage.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley that an Equestrian Trail Easement, attached hereto as Exhibit "A", between
the Town of Oro Valley and Logan's Crossings Homeowners Association is hereby
accepted.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 7th day of May, 2014.
TOWN OF ORO VALlEY
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Dr. Satish I. Hrrem(16
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ATTEST: APPROVE SIF AS TO P{O :
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Ju . Bower, Town Clerk Tobin Sidles, Legal Services Director
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F:\1 D1S DEPT MCMTUNDIV)DUAL\PAUL K\Town Council Communications\Logans Crossing\Resolulion Accepting casement 2.doc Town of Oro Valley Attorn
EXHIBIT "A"
A non-exclusive equestrian trail easement over and under the Logan's crossings
Homeowners Association property designated as, public trails for the sole, exclusive, and
limited purpose of recreational non-motorized pedestrian and equestrian by the public
only
F:\1 DIS DEPT MGMT\IND1VIDUAL\PAUL K\Town Council Communications\Logans Crossing\Resolution Accepting easement 2.doc Town of Oro Valley
F:\1 D1S DEPT MGIv1T\INDIVIDUAL\PAUL K\Town Council Communications\Logans Crossing\Resolution Accepting easement 2.doc Town of Oro Valley
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SURVEYING&DRAFTING.INC.
Legal Description
New Equestrian Trail
A portion of Common Area "B" in Saddle Valley II, Book 44 of Maps and Plats Page 38,
records of Pima County, Arizona, said portion is situated in the southwest quarter of
Section 14, Township 12 South, Range 13 east, Gila and Salt River meridian, Pima
County, Arizona, and is described as follows:
BEGINNING at the southeast corner of Lot 19 in said Saddle Valley II, said corner being
coincident with the southernmost corner of said Common Area "B";
Thence North 35°36'43" West, along the southwesterly line of Common Area "B", a
distance of 30.70 feet to the southwest corner of Common Area "B";
Thence North 33°00'44" East, departing said southwesterly line, a distance of 37.48 feet
to a point of curvature of a tangent curve concave to the west;
Thence northerly and northwesterly, along the arc of said curve, to the left, having a
radius of 15.00 feet and a central angle of 93°00'06", a distance of 24.35 feet to a point
of tangency;
Thence North 59°59'22" West, a distance of 8.99 feet to the westerly line of said
Common Area "B";
Thence North 07°32'25" East, along said westerly line, a distance of 10.82 feet;
Thence South 59°59'22" East, departing said westerly line, a distance of 13.13 feet to a
point of curvature of a tangent curve concave to the west;
Thence southeasterly and southerly, along the arc of said curve, to the right, having a
radius of 25.00 feet and a central angle of 93°00'06", a distance of 40.58 feet to a point
of tangency;
Thence South 33°00'44" West, a distance of 30.66 feet;
Thence South 35°36'43" East, a distance of 23.75 feet to the curved southeasterly line
of said Common Area "B", concave to the northwest, a radial line of said curve through
said point having a bearing of South 37°05'20" East;
Thence southwesterly, along said curved southeasterly line, to the right, having a radius
of 388.00 feet and a central angle of 01°28'37", a distance of 10.00 feet to the POINT
OF BEGINNING.
S.\JOBS 5100-5500\5500\5597-Saddle Valley II-Town of Oro Valley\Legals\5597 New Equestrian Trail.doc Page 1 of 2
717 NORTH SWAN ROAD•TUCSON,ARIZONA 85711-1210•TEL (520)325-1991 •FAX.(520)325-2074
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SURVEYING&DRAFTING,INC.
Containing 1,048 square feet or 0.0241 acres, more or less.
See Exhibit "A" attached hereto and made a part hereof.
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S:\JOBS 5100-5500\5500\5597-Saddle Valley II-Town of Oro Valley\Legals\5597 New Equestrian Trail.doc Page 2 of 2
717 NORTH SWAN ROAD•TUCSON,ARIZONA 85711-1210•TEL:(520)325-1991 •FAX:(520)325-2074
EXHIBIT
"A"
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SCALE: 1"=30'
LINE TABLE
NO. BEARING DISTANCE
L1 N 35'36'43" W 30.70'
L2 N 33'00'44" E 37.48'
L3 S 59'59'22" E 8.99'
L4 N 07'32'25" E 10.82'
L5 S 59'59'22" E 13.13'
L6 S 33'00'44" W 30.66' p i i o i i
L7 S 35'36'43" E 23.75'
CURVE TABLE
NO. DELTA RADIUS LENGTH 45
C1 93'00'06" 15.00' 24.35
C2 93'00'06" 25.00' 40.58'
C3 01'28'37" 388.00' 10.00' \n
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RADIAL BEARING TABLE �P
NO. RADIAL BEARING co /
RB1 S 37'05'20" E / ,$ A
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LOTLI N E \ ,
19 (5)
P.O.B.
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EXPIRES 3/31/2015
A 10.00' WIDE EQUESTRIAN TRAIL IN A DATE: AUG. 2013
MIN
PORTION OF COMMON AREA B IN SADDLE
JOB NO: 5597
717 K SWAN ROAD VALLEY II, BOOK 44 MAPS AND PLATS PAGE
°0t4 BONA 86711 38, RECORDS OF PIMA COUNTY, ARIZONASHEET.. 1 OF 1
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F:\l DIS DEPT MGMTIINDIVIDUAL\PAUL K\Town Council Conununications\Logans Crossing\Resolution Accepting easement 2.doc Tome of Oro Valley
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SURVEYNG&DRAFTING,INC.
Legal Description
Equestrian Easement
A portion of Saddlehorn Drive (Common Area "A") in Saddle Valley II, Book 44 of Maps
and Plats Page 38, records of Pima County, Arizona, said portion is situated in the
southwest quarter of Section 14, Township 12 South, Range 13 east, Gila and Salt
River meridian, Pima County, Arizona, and is described as follows:
BEGINNING at the northernmost corner of Lot 27 in said Saddle Valley II;
Thence North 33°25'54" West, a distance of 3.28 feet;
Thence North 01°40'37" East, a distance of 25.67 feet to the curved northwesterly right-
of-way line of said Saddlehorn Drive, concave to the northwest, a radial line of said
curve through said point having a bearing of South 35°36'43" East;
Thence northeasterly, along said curved right-of-way line, to the left, having a radius of
388.00 feet and a central angle of 01°28'37", a distance of 10.00 feet to a non-tangent
line;
Thence South 35°36'43" East, departing said right-of-way line, a distance of 3.50 feet;
Thence South 01°40'37" West, a distance of 25.88 feet to the curved southeasterly
right-of-way line of said Saddlehorn Drive, concave to the northwest, a radial line of said
curve through said point having a bearing of South 34°49'21" East;
Thence southwesterly, along said curved right-of-way line, to the right, having a radius
of 412.00 feet and a central angle of 01°23'27", a distance of 10.00 feet to the POINT
OF BEGINNING.
Containing 292 square feet or 0.0067 acres, more or less.
See Exhibit "A" attached hereto and made a part hereof.
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S:\JOBS 5100-5500\5500\5597-Saddle Valley II-Town of Oro Valley\Legals\5597 New Equestrian Easement.doc Page 1 of 1
717 NORTH SWAN ROAD•TUCSON,ARIZONA 85711-1210•TEL:(520)325-1991 •FAX:(520)325-2074
, ,
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EXHIBIT "A"
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SCALE: 1"=20'
cAHE',
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v LINE TABLE
/ NO. BEARING DISTANCE
L1 N 33'25'54" W 3.28'
L2 N 01'40'37" E 25.67'
LOY 12 , ,� L3 S 35'36'43" E 3.50'
G / L4 S 01'40'37" W 25.88'
CURVE TABLE
I N
r \
J NO. DELTA RADIUS LENGTH
—' C1 01'28'37" 388.00' 10.00'
,\ i
C2 01'23'27" 412.00' 10.00'
co
a RADIAL BEARING TABLE
G2 NO. RADIAL BEARING
RB1 S 35'36'43" E
P.O.B. LOT 29 RB2 S 34'49'21" E
o LAND. S.
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LOT 7 HOWELL JR.
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EXPIRES 3/31/2015
it g., Ashby A 10.00' WIDE EQUESTRIAN EASEMENT IN A DATE: AUG. 2013
• INC. PORTION OF COMMON AREA "A" IN SADDLE
r K Ai ROAD II, BOOK 44 MAPS AND PLATS PAGE JOB NO: 5597
er
yarn 38, RECORDS OF PIMA COUNTY, ARIZONA
TEL Mg 1901 FAX (NO) 826-2074 SHEET: 1 OF 1
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made between Logan's Crossing Homeowners'
Association, Inc., an Arizona non-profit corporation ("Grantor") and the Town of Oro Valley, a municipal
corporation ("Grantee"). (Grantor and Grantee may be referred to herein collectively as the "Parties" or
individually as the "Party"). The Parties agree as follows:
The Grantor is the owner of the land more specifically described as Logan's Crossing.
The Grantee has requested an equestrian easement to use the property of the Grantor for the
limited purpose as described in Exhibit"A".
NOW, THEREFORE, for and in consideration of limited use equestrian and pedestrian trail and
the faithful performance by the Grantee, Grantor does hereby grant an easement and privilege to the
Grantee, and subject to the conditions set forth in this Easement Agreement, to enter upon the above
described land of the Grantor, as described and depicted in Exhibit"B" ("Easement Area").
This non-exclusive Easement Agreement is subject to the following terms and conditions:
1 . This easement is granted for the purpose as described in Exhibit"A".
2. The Grantee shall only be permitted to use the Easement Area for the purpose as described in
Exhibit "A". All modifications and/or alterations to the Easement Area shall be the sole cost and
expense of the Grantee.
3. Notice to the Grantor shall be addressed to each of the following:
c/o Cadden Community Management
1870 West Prince Rd., Suite 47
Tucson, AZ 85707
Notice to the Grantee shall be addressed to:
DIS Director Legal Services Director
Town of Oro Valley AND Town of Oro Valley
11000 N. La Canada Drive 11000 N. La Canada Drive
Oro Valley AZ 85737 Oro Valley AZ 85737
Or such other addresses as either Grantor or Grantee shall decide from time to time by written
notice to the other Party.
4. Nothing contained in this Easement Agreement shall be construed as granting title to the Easement
Area owned by the Grantor.
5. This easement shall run with the land without specific written permission of the Grantor or
Grantee.
C,Usersowner`Documents\Logans Crossing Equestrian Trail\EasementAgt3-18-14 Final.doc
6. Grantee shall indemnify, defend and hold harmless the Grantor, its officers, directors, members,
employees and agents from and against any and all suits, actions, legal or administrative
proceedings, claims demands or damages of any kind or nature arising out of this easement, which
are attributed to any act or omission of the Grantee, its agents, employees or invitees, or any one
acting under their direction, control or on their behalf, whether intentional or negligent in
connection with or incident to this easement.
7. Grantee shall abide by all applicable federal, state and local ordinances, statues and regulations.
8. Approval of this easement is subject to compliance with all conditions and provisions of approved
plans and specifications.
9. Modifications and/or alterations shall be made in writing an approved by the Parties.
10. Grantee shall save and hold harmless the Grantor from any liability for damage to persons or
property resulting from modifications and/or alterations of the Easement Area evidenced by a
current General Liability and Property Damage policy with a minimum coverage limit of
$2,000,000.00. The policy shall be maintained throughout the term of this easement and an annual
Certificate of Insurance shall be mailed to Grantor.
11. This Agreement is subject to A.R.S. § 38-511which provides for cancellation of contracts by the
Grantor for certain conflicts of interest.
IN WITNESS WH REOF the Parties hereto have executed this Easement Agreement as of this
3ef day of '� ° {,` , 2014.
�,
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY.
2
GRANTOR:
Logan's Crossing Homeowners' Association, Inc., an Arizona non-profit corporation
By V flik;;)
Patrick V. Morgan, resident
�+/... Oa1•....av- ... .,,� (..,.�k'o. 1' yr‘,jc.,,,,____,ki,,,.....„..By
'.r 4
Colleen W. McKaughan, Secretary
State of Arizona )
) ss.
County of Pima )
� I
On this / day of, J�'� �. , 20 �, before me personally appeared Patrick V. Morgan, President
of Logan's Crossing Homeowners' Association, Inc., an Arizona non-profit corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above/attached document.
Z-6i'li
�.. /' A, , ice.• i ///:
Notary Public i .
State of Arizona ) 1 _.,t,�tif,,.,,, �.�
+ �� DYANE GUTIERREZ
ss. r�' , _,; y� Notary Public -Arizona
f "' Pima County
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•,;�,—�- My Comm. Expires May 9, 2016
.
On this 3 dayof . j L , 20/t, before me persona y a eare• • -n-�.,.*c . McKaughan,
P pp
Secretary of Logan's Crossing Homeowners' Association, Inc., an Arizona non-profit corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who she claims to be, and
acknowledged that she signed the above/attached document.
/// ' / Li /T / ,
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Notary Public : (
,.,T,i.,, DYANE GUTIERREZ
-:I7 Notary Public - Arizona
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My Comm. Expires May 9, 2016
3
GRANTEE:
TOWN OF ORO VALLEY
/If, //iv1-1 ?`;'177'--2:17:: -
Dr. Satish I. HiMayor
ath, Ma or
ATTEST: APPROVED AS TO FORM:
Cl-?—, / ''' 7,,_,---c- /te ._
Jullek. Bower, Town Clerk Town Sidles, Legal Services Director
Date: Date: /i 7
1
4
EXHIBIT "A"
PURPOSE OF USE
1. Public Trails Easement. Grantor hereby grants and conveys to Grantee, for the use and benefit
of the public, a non-exclusive easement over, upon, and across those portions of the Grantor's
Parcel which are designated as, public trails ("Easement Area") for the sole, exclusive, and limited
purpose of recreational non-motorized pedestrian and equestrian usage by the public only, as
provided herein.
2. Agreement to Run with Land; Inurnment. This Easement Agreement shall run with the land
and, subject to the terms and conditions set forth herein, be binding upon and for the benefit of the
property described herein and each and every party having or acquiring any right, title or interest
therein or thereto.
C:\Users\owner\Documents\Logan's Crossing Equestrian Trail\EasementAgt3-18-14 Final doc
J
EXHIBIT "B"
LEGAL DESCRIPTION
(These are the legal descriptions I sent you a while ago)
C:\Users\owner\Documents\Logan's Crossing Equestrian Trail\EasementAgt3-18-14 Final.doc
F. ANN RODRIGUEZ, RECORDER litill11311111111111111111111311111111111111111111
Recorded By' ^ML
of PI.1�
JEPUTY RECORDER
ir- 76�' � SEQUENCE: 20141630188
1951 Wc-1
; , _ NO. PAGES: 8
SOROV11 *Z
? �A°' ',» hi RES 06/12/2014
TOWN OF ORO VALLEY
11000 N LA CANADA DR 111IZO1`lQ' 13:11
MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $9.50
RESOLUTION NO.(R)14-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE
VACATION OF THE ROADWAY CROSSING SADDLEHORN DRIVE AT
THE NORTHWESTERLY CORNER OF LOT 29, AS DESCRIBED IN
EXHIBITS "A" AND "B"
WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain, control
and manage public roads within its jurisdictional boundaries; and
WHEREAS, pursuant to " r `� ' — -- - ty to vacate any roadway
that belongs to the Town 1
WHEREAS, the Town dilaciiir ,._v. _ . Qin_4 a IA d g
Aile
ossin Saddlehorn Drive,
as depicted in Exhibit"A'
411D A a:IA
['clef efil le,. .._--
WHEREAS, the Town dj» � Equestrian trail though
Common Area B lying on - n in Exhibit "B"; and
WHEREAS, it is in the vay crossing Saddlehorn
Drive and the easement to xhibits "A" and "B".
NOW, THEREFORE, B: cii of the Town of Oro
Valley,Arizona, that:
SECTION 1. The portion — ill, oauuierIorn Drive, described in Exhibit "A" and attached hereto
by this reference, is hereby vacated.
SECTION 2. The portion of the easement to the west of Saddlehorn Drive, described in Exhibit
"B" and attached hereto by this reference, is hereby vacated.
SECTION 4. The vacated roadway crossing Saddlehorn Drive, described in
Exhibit "A" attached hereto and incorporated herein by this reference, is hereby approved.
SECTION 5. The vacated easement to the west of. Saddlehorn Drive, described in Exhibit "B"
attached hereto and incorporated herein by this reference, is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,Arizona,this 7th
day ,ofMay, 2014.
TOWN OF ORO VALLEY
Dr. Satish I. irem th,Mayor
ATTEST: APPROVED AS TO FORM:
"/ /
Ju 4 Bower,Town Clerk Tobin Sidles,Legal Services Director
Date: Date: 5151"8/
EXHItIT "A"
3
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SURVEYING&DRAFTING,INC.
Legal Description
Equestrian Easement Abandonment
That 10.00 foot wide Equestrian Easement crossing Saddlehorn Drive (Common Area
"A") at the northwesterly corner of Lot 29 as shown on the plat of Saddle Valley II, Book
44 of Maps and Plats Page 38, records of Pima County, Arizona.
See Exhibit "A" attached hereto and made a part hereof.
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S:\JOBS 5100-5500\5500\5597-Saddle Valley II-Town of Oro Valley\Legals\5597 Abandon Equestrian Easement doc Page 1 of 1
717 NORTH SWAN ROAD•TUCSON,ARIZONA 85711-1210•TEL (520)325-1991 •FAX:(520)325-2074
. ,
EXHIBIT "A"
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10.00' WIDE EQUESTRIAN EASEMENT ca is,
PER THE PLAT OF SADDLE VALLEY II,
BOOK 44 MAPS AND PLATS PAGE 38,
RECORDS OF PIMA COUNTY, ARIZONA
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f't Ashby 10.00' WIDE EQUESTRIAN EASEMENT AS DATE: AUG. 2013
• SHOWN ON THE PLAT OF SADDLE VALLEY
TIT K II, BOOK ROAD 44 MAPS AND PLATS PAGE 38 JOB NO. 5597
'TUCSON. ARIZONA 88711 RECORDS OF PIMA COUNTY, ARIZONA •
TEL: (620) 326-1001FAX(620) 828-2074SHEET. 1 OF 1
EXHIBIT "B"
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SURVEYING&DRAFTING,INC.
Legal Description
Existing Equestrian Trail
That portion of the 10.00 foot wide Equestrian Trail through Common Area "B" lying on
the westerly side of Saddlehorn Drive as shown on the plat of Saddle Valley II, Book 44
of Maps and Plats Page 38, records of Pima County, Arizona.
See Exhibit "A" attached hereto and made a part hereof.
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Richard B. Howell Jr., RLS 21774
S.\JOBS 5100-5500\5500\5597-Saddle Valley II-Town of Oro Valley\Legals\5597 Portion of Existing Equestrian Trail.doc Page 1 of 1
717 NORTH SWAN ROAD•TUCSON,ARIZONA 85711-1210•TEL:(520)325-1991 •FAX:(520)325-2074
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EXHIBIT "A"
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10.00' WIDE EQUESTRIAN TRAIL PER THE PLAT OF
/
PAGE 38, RECORDS OF PIMA COUNTY, ARIZONA
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RC SHOWN ON THE PLAT OF SADDLE VALLEY
717 K MAN ROADII, BOOK 44 MAPS AND PLATS PAGE 38, JOB N0: 5597
1108O14, ARIZONA 86711 RECORDS OF PIMA COUNTY, ARIZONA
TEL (820) -� FAX (820) -20074 SHEET: 1 O F 1