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Home My WebLink AboutOV121310March 25, 2013 David Laws, P.E. Permitting Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Slope Easement Dear David, CBRE Hand Deliver Per our conversation enclosed please find the following: • Four copies of the legal descriptions of the proposed changes • Three 24"x36" copies of maps showing the changes • One copy of the boundary closure calculations • One copy of the Agreement to Modify Private Slope Easement signed by Fidelity National Title under Trust # 60291 (property owner) and the Oro Valley Townhouses Improvement Association • A check in the amount of $515 payable to The Town of Oro Valley Please let us know if there is anything further that you would like us to do regarding this matter. Sincerel , Ben A. Becker Adam Becker First Vice President Associate cc: Ted Bednar Wendy Ehrlich, Attorney PLLC OQO JPLLEY ARi��2v A'00NDED `fin Development and Infrastructure Services Permitting Division 11000 N La Cariada Drive, Oro Valley, Arizona 85737 • 520-229-4815 , 520-742-1022 (Fax) APPLICATION FORM OV Case # (Office Use Only): NOTICE TO APPLICANT— It is the applicant/owner's responsibility to ensure all private rules and regulations of the subdivision are adhered to. Contact your HOA or property management company to determine all applicable requirements. Initials Application Type/Reason for request: Aft%Q- tJ zz°%C'°I '!� B®pe. aver A. Applicant Name: keed- � w >�t �e� h, de Vc vte� Engineering Firm: rtJ/A4 a At--ov. _14, C4 o[,64 brldV City: —TZA-e se" State: A Z. Zip: Telephone: c�� 33G Fax: .� q 3g �35� 7 Email:_ 1CAy 't' �3 B. Property Owner (s), if more than one owner, attach list r_ Name: 'S*VK*- ,VU 14r6 "ea ® #JA.0 * �rnA s� �►`�i a s Ca.-U i Wk 0, �C ai e_ ("4_41 A)R14d1 Firm: ` aT we Address: City: State: Zip: Telephone: Fax: Email: C. Subject Property Parcel/Tax Code: Legal Description/Property Address: C M Area of property: 'r 6 Ae-V-t Existing Zoning: Proposed Zoning: Is Proposed Zoning in conformance with General Plan designation? [ ] N/A [ ] Yes [ ] No General Plan Designation: Existing Land Use: Proposed Land Use: D. Previous Applications Relating To This Property Condition Use Permit Rezoning Board of Adjustment GP Amendment Plat/Development Plan Architecture This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. 4-a- ox Date Revised 11-20-08 'tT_7 7 AGREEMENT TO MODIFY PRIVATE SLOPE EASEMENT This Agreement to Modify Private Slope Easement (hereinafter referred to as the Agreement") is executed this 1ay of 4'y(- , , 2013 by and between Fidelity National Title Agency, Inc., an Arizona corporation, as Trustee, under Trust No. 60,291(hereinafter referred to as the "Trust") and Oro Valley Townhouses Improvement Association, an Arizona corporation, (hereinafter referred to as the "Association") for the purposes set forth herein. RECITALS WHEREAS, the Trust is the owner of that real property known as a portion of Block 1 of Horizon Heights as more particularly described in Exhibit A ("Trust Property"); and WHEREAS, The Trust Property is subject to a 200' private slope easement ("Private Slope Easement") as described in General Note 6 and shown on the plat recorded with the Pima County Recorder's Office in Maps and Records at Book 25 at page 66-1 and 66-2 ("Plat"); and WHEREAS, The Association is required to maintain the Private Slope Easement pursuant to General Note 6 of the Plat; and WHEREAS, The Parties hereto wish to and hereby do amend, modify, improve and clarify the Private Slope Easement as it pertains the real property owned by each of the Parties hereto. NOW, THEREFORE, in consideration for the mutual recitals and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, it is agreed as follows: 1. The Parties agree, subject to any necessary governmental approval, to modify the Private Slope Easement as follows: A. The Private Slope Easement shall be reduced from two hundred (200) feet to twenty (20) feet as reflected in the legal description attached hereto as Exhibit B. B. The Trust Property, and not the Association, shall be solely responsible for the maintenance of the Private Slope Easement in a manner consistent with the Town of Oro Valley's Drainage Criteria Manual and Floodplain Ordinance (or any successor municipal ordinance or guidelines) and the Town of Oro Valley shall be the final arbiter of the Trust Property's compliance therewith. 2. The Private Slope Easement shall be interpreted as an easement benefitting the Association for the purpose of protecting the property known as Oro Valley Townhouses according to the Plat from any normal drainage, erosion, or soil migration caused by or originating from the Trust Property. No improvements shall be permitted to be made within the Private Slope Easement other than for the purposes of preserving the natural flow of drainage, soil protection and support, or bank protection. 3. In addition to maintaining the Private Slope Easement, the Trust Property shall be responsible for maintaining the thirty-six (36) foot Drainage Easement and the sixteen (16) foot Access Easement located on the Trust Property adjacent to, and to the north of, the Private Slope Easement as depicted on the Plat. 4. The Trust Property shall be solely responsible for making application to obtain the approval of any governmental entity as may be required to effectuate the terms of this Agreement and the Association agrees to cooperate with the Trust Property and any such governmental entity for such purpose. The Trust Property shall be responsible for all costs associated with suih appiicationi ai id of fectuating tl ie tcri i is Gf uiiS Agrees 1 iei Ii, Ii IilIuuiI ig, but not limited to, application and recording fees. 5. The Trust Property shall reimburse the Association for all of its attorneys' fees and costs incurred in connection with modifying the Private Slope Easement (from September 2012 through to its conclusion), regardless of whether the terms of this Agreement are ultimately approved or denied by any applicable governmental entity, and such payment shall be made within ten (10) business days of a written demand for same. 6. The Parties expressly intend that the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the Parties, and all forms of successors and assigns of the Parties, and the benefits and burdens of this Agreement shall run with the land in perpetuity. Pursuant to A.R.S. § 33-404(A and B), the name and address of the beneficiary the Trust is: Bednar-Villas Milagro, L.L.C. 7604 N. La Cholla Blvd., Tucson, AZ 85741. THIS CONVEYANCE IS EXEMPT FROM THE REQUIREMENT OF FILING AN AFFIDAVIT OF VALUE PURSUANT TO A.R.S. § 11-1134(A) (2). Fidelity National Title Agency, Inc., an Arizona corporation, as Trustee, under Trust No. 60,291,dwae L " FIDE ITY NATIONAL TITLE AGENCY, INC. an Ariz na car oration a �RU�nd no TEE rides By: TRUST NO. Corp Lk Its: Ito Trw§1 Ptti§@t STATE OF ARIZONA ) ss. County of Pima ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this /cP- day of 2013 by . My Commission Expires: OFFICIAL SEAL RITA L. KIPPES NOTARY PUBLIC-ARIZONA PIMA COUNT` s; COmm.AExp. May 9, 2C,14 Oro Valley Townhouses Improvement Association, an Arizona nonprofit corporation By: Its: STATE OF ARIZONA ) ) ss. County of Pima ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day of , 2013 by Notary Public My Commission Expires: Fidelity National Title Agency, Inc., an Arizona corporation, as Trustee, under Trust No. 60,291,June 13, 2007 Its: STATE OF ARIZONA ) ) ss. County of Pima ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this , 2013 by Notary Public My Commission Expires: day of Oro Valley, Townhouses Improvement Association, an Arizona nonprofit corporation BY Its: STATE OF ARIZONA ) OFFICIAL SEAL � Zr., ) ss. RHONDA RAYHEL Notary Public - State of Arizona County of Pima ) d PIMA COUNTY 0 My Comm. Expires Mar. 29, 2014 SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this (S' ` day of C. 1, 2013 by i? �� e�le iz c►� �, � I Notary Public My Commission Expires: Arrow Land Survey, Inc. 3121 E. Kleindale Road Tucson, Arizona 85716 Phone (520) 881-2155 Fax: (520) 881-2466 LEGAL DESCRIPTION JOB NO. 02263 March 22, 2013 Abandonment of a Portion of Private Slope Easement Abandonment of a 180.00 foot strip of the 200.00 foot Private Slope Easement as shown in Oro Valley Townhomes as recoded in Book 25 of Maps and Plats at Page 66, Pima County, Arizona being a portion of Block 1 of Horizon Heights as recorded in Book 15 of Maps and Plats at Page 84, Pima County, Arizona described as follows: Commencing at the northwest comer of that certain parcel as described in Docket 12897 at Page JT, 1 Iola %-ULUl�y, Arizona, VJ Thence North 89'03'19" East, upon the northerly line of said parcel, a distance of 20.87 feet to the POINT OF BGINNING; Thence continue North 89°03'19" East, upon said north line, a distance of 188.26 feet to a point of curvature from which the radius point bears South 73°31'56" East 4117.72 feet distant; Thence southerly upon said curve to the left through a central angle of 01°54'06" an are length of 136.66 feet to apoint of reverse curvature from which the radius point bears North 75°26'02 West 318.00 feet distant; Thence upon said curve to the right through a central angle 76°22'26" an arc length of 423.89 feet to the westerly line of said parcel as described in Docket 12897 at Page 3489, Pima County, Arizona, -being -a poinion-a-curve-from which the radius -point -bears South 79°22'41" East 4367.85 feet distant; Thence northerly upon said westerly line upon said curve to the right through a central angle of 02°28'02" an arc length of 188.09 feet to a point of cusp on a curve from which the radius point bears North 14°00'57" West 138.00 feet distant; Thence continuing upon the westerly line of said parcel upon a curve to the left through a central angle of 61 °25'05" an arc length of 147.93 feet to a point of reverse curvature from which the radius point bears South 75°26'02 East 4297.72 feet distant; S:\DWGS\DWGS02\151-300\02263\2013\Slope Esement.doc Thence continuing upon the westerly line of said parcel upon a curve to the right through a central angle of 01 °09'02" an are length of 86.30 feet to the POINT OF BEGINNING. S:\DWGS\DWGS02\151-300\02263\2013\Slope Esement.doc S79•22. 14 E (Rodiol) Point of Commencement _ Point of DKT. 10876 � 1978 Beginning 224-33-1320 10125 N ORACLE RD Dkt. 12897� 3489 LINE BEARING DISTANCE L 1 N 89'03'19" E 20.87' L2 N 89'03'19' E 188.26' CURVE RADIUS ARC LENGTH DELTA ANGLE Cl 4117.72' 136.66' 154 06" C2 318.00- 423.89' - 762226` C3 4367.85' 188.09' 228'02' C4 138.00, 147.93' 6125 05" C5 4297.72' 86.30' 1'09'02" Abandonment of a Portion of the 200' Private Slope Easement as shown in Oro Valley Townhomes, Book 25 of Maps and Plats at Page 66, Pima County, Arizona being a Portion of Block 1, of Horizon Heights, Book 15 of Maps and Plats, Page 84, Pima County, Arizona jpICAT, 35111 OREOORY W. BAUER Expires 06f,V-2015 w Land Surve J121 E. KLDNDALE RD. PHONE(520)881-2155 TUCSON, AZ 65716 FAX(520)881-2466 LAND SURVEYING CONSTRUCTION STAKING Arrow Land Survey, Inc. 3121 E. Kleindale Road Tucson, Arizona 85716 Phone (520) 881-2155 Fax: (520) 881-2466 Closure Report JOB NO.02263 March 1.5, 2013 Private Slope Easement Abandonment Closure Report PNT# BEARING DISTANCE NORTHING EASTING STATION 415 N 89003'19" E 188.258 6917.007 6727.469 0.000 416 6920.111 6915.700 188.259 RADIUS:4117.720 LENGTH: 136.663 CHORD: 136.657 DELTA:01°54'06" CHORD BRG: S 15" 31'01 " W PC-R: S 73631'56" E PT-R: S 75026'02" E RADIUS POINT: 417 5752.839, 10864.509 TANGENT: 68.338 418 6788.435 6879.141 324.921 RADIUS:318.000 LENGTH:423.887 CHORD:393.194 DELTA:76°22'26" CHORD BRG: S 52'45'11" W PC-R: N 75°26'02" W PT-R: N 00°56'24" E RADIUS POINT: 419 6868.411, 6571.362 TANGENT: 250.124 420. 6550.454 6566.144 748.808 RADIUS: 4367.850 LENGTH:' 188.092 CHORD: 188.077 DELTA: 02°28'02" CHORD BRG: N 11'51'20" E PC-R: S 79°22'41" E PT-R: S 76°54'39" E RADIUS POINT: 421 5745.342,10859.151 TANGENT: 94.061 422 6734.520 6604.784 936.900 RADIUS: 138.000 LENGTH: 147.929 CHORD: 140.947 DELTA: 61 °25'05" CHORD BRG: N 45°16'31" E PC-R: N 14°00'57" W PT-R: N 75°26'02" W RADIUS POINT: 419 6868.411,6571.362 TANGENT: 81.968 423 6833.705 6704.926 1084.829 RADIUS:4297.720 LENGTH:86.300 CHORD: 86.299 DELTA:01°09'02" CHORD BRG: N 15°08'29" E PC-R: S 75°26'02" E PT-R: S 74° 17'00" E RADIUS POINT: 417 5752.839,10864.509 TANGENT: 43.151 S:\DWGS\DWGS02\151-300\02263\2013\Slope Easement Closure.doe 1 415 6917.007 6727.468 1171.129 Closure Error Distance> 0.00000 Total Distance> 1171.129 LOT AREA: 71718.6 SQ FT OR 1.65 ACRES S:\DWGS\DWGS02\151-300\02263\2013\Slope Easement Closure.doc F. ANN RODRIGTL RECORDER Recorded By: (- DEPUTY RECORDER 4890 SOROV TOWN OF ORO VALLEY 11000 N LA CANADA DR ORO VALLEY AZ 85737 OQO�P``EY kn !t V-db' F0'/NDE0 191" IIIIh Ih'I IIIII IIIII IIII IIIII IIIII IIII IIIII IIIII IIIII IIIII III IIII SEQUENCE: NO. PAGES: MISC MAIL AMOUNT PAID: Development and Infrastructure Services MINOR PLAT CHANGE 20131270251 11 05/07/2013 8:07 $11.00 Re: Case Number OV1213-10, Revised Slope Easement on Block 1, Horizon Heights. A portion of the existing Slope Easement shown on the final plat for Block 1 (Book 15, Page 84) has been abandoned as shown on the attached exhibit. The minor plat change has been administratively approved. Davi Laws, P.E. Permitting Manager �--: , - Ize — David A. Williams, AICP Planning Manager 6�12slls Dat Date General Notes Ur GRAPHIC SCALE: I Inch = 60 Feet 60 30 0 30 60 120 240 0 S E Location Map Section 13, Towbship 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona ti 36111 GREGORY W. BAUER%hI,'5 4, �I 9,9 P' =o v 1. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF VALLE DEL ORO . SAID BEARING BEING N25033'44"W FROM BOOK 15 AT PAGE 84 OF MAPS AND PLATS. 2. This survey was performed without the benefit of a utility bluestake. No guarantee can be made as to the existence and location of underground or hidden utilities. 3. All dimensions shown are measured or a calculated derivative thereof unless otherwise noted. 4. The purpose of this map is to reflect the changes to the "Private Slope Easement" as shown. (R) indicates a record measurement according to the subject Title Report. M indicates a found BCSM "RLS 16845" 0 indicates a found monument as noted. indicates a set z" rebar tagged RLS 35111. -,,4rrow Land Survey Inc. LAND SURVEYING CONSTRUCTION STAKING 8121 E. KLEiNDALE RD, TUCSON, AZ. 85716 (520)881-2155 (520)881-2466 FAX Project Name and Address Abandonment of a Portion of the 200' Private Slope Easement as shown in Oro Valley Townhomes, Book 25 of Maps and Plats at Page 66, Pima County, Arizona being a Portion of Block 1, of Horizon Heights, Book 15 of Maps and Plats, Page 84, Pima County, Arizona F,q+ 02263 S' cct 1 March 2013 �f Sccle if[ =60' 1