HomeMy WebLinkAboutEasements - 2/23/2015, Utility Easement, Smith's Food & Drug Centers, dba Fry's Food & Drug Stores, Mercado at C F. ANN RODRIGUEZ, RECORDER 1111111111111111111111111111111111111111111111111
Recorded By: KMS VF t11tq
DEPUTY RECORDER w� 1P
�O SEQUENCE: 20150540207
4935 '104461.0
Z NO. PAGES: 4
SOROV EASMNT 02/23/2015
TOWN OF ORO VALLEY 44I1010' 11:46
11000 N LA CANADA DR MAIL
ORO VALLEY AZ 85737
AMOUNT PAID: $8.00
UTILITY EASEMENT
Smith's Food & Drug Centers, Ind., an Ohio corporation, dba Fry's Food and Drug Stores
("Grantor"), does hereby grant to Town of Oro Valley—Water Utility, ("Grantee"), a perpetual
easement and right-of way for ingress and egress and a utility easement on, over, under, and
through the burdened land as legally described in Exhibit "A", attached hereto and incorporated
herein by this reference. Grantee is hereby granted the right to lay, construct, operate, maintain,
inspect, repair, replace, relocate and remove utility facilities and appurtenances on, over, under,
and through the burdened land as shown in Exhibit "B", attached hereto and incorporated herein
by this reference.
Grantee may enter the Property at all reasonable times necessary or convenient to
accomplish the foregoing. Following entry for the above purposes, Grantee shall restore the
Property to a good and clean condition, and if the property is paved, restore said pavement.
This easement is subject to the following conditions:
1. Grantor may use said right-of-way and easement for any purposes not inconsistent
with actual use of said right-of-way and utility easement for the purposes herein
granted, so long as Grantee's use and access to this right-of way and easement is not
obstructed.
2. Grantor warrants that he/she holds good title to the burdened land, and thereby has
the authority and right to enter into this agreement.
3. All easements and rights described herein are easements and rights running with the
land, perpetually in force and effect, and at all times shall inure to the benefit of, and
are binding on, Grantee and Grantor, their successors and assigns, respectively.
4. Any and all easements and rights granted herein shall be freely assignable by Grantee.
5. Reference in subsequent deeds of conveyance, or in any mortgage or deed of trust or
other evidence of obligation, to the easements and rights described in this conveyance
within any subsequent conveyance of the burdened land or assignment of easement
and or easement rights shall be sufficient to create and reserve such easements and
rights to the respective grantees, mortgagees, and trustees of such unit of ownership
as fully and completely as though such easements and rights were recited fully and set
forth in their entirety in such documents.
C:\Users\rg95435\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\FOOB5FNN\117-Utility Easement Frys RL 2 10 15.doc
6. Grantor shall not be responsible for any claim, action, injury to person or property,
expense, demand or judgment arising from Grantee's use and enjoyment of the
easement rights granted herein.
THIS EASEMENT granted this o? day of re ru a r , 20 /5-
GRANTOR
By: ____ PiO;21-4:;7:
Title: C PC)
STATE OF ARIZONA )
) SS
COUNTY OF PIMA )
This instrument was acknowledged before me this a day of b ru,a r , 2015 , by
MAO
Notary Publi•�
My Commission Expires: ti)arck D I�
MARY J. OJEDA
• Notary Public,State of Arizona
MariCopa County
My Commission Expires
March 22, 2015
C:\Users\rg95435\AppData\Local\ icrosoft\Windows\Temporary Internet Files\ContentOutlook\FOOB5FNN\117-Utility Easement Fres RL 2 10 15.doc
•
Harvey Land Surveying, Inc.
461 East Dartmouth Drive
Casa Grande,Arizona 85122
NOVEMBER 20, 2014
EXHIBIT A
UTILITY LEGAL DESCRIPTION
A PARCEL OF LAND FOR THE PURPOSE OF UNDERGROUND UTILITIES,TOGETHER WITH
ACCESS FOR THE MAINTENANCE OF SAID UTILITY, LOCATED WITHIN LOT 8 OF MERCADO AT
CANADA HILLS,A SUBDIVISION OF RECORD IN THE OFFICE OF PIMA COUNTY RECORDER,
STATE OF ARIZONA,AS RECORDED IN BOOK 64 OF MAPS AND PLATS AT PAGE 93, AMENDED
TO LOT 8A,AND RECORDED AS SEQUENCE NUMBER 20123610523,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF OF SAID LOT 8A FROM WHENCE THE
NORTHWEST CORNER OF SAID LOT 8A BEARS SOUTH 89 DEGREES 58 MINUTES 20 SECONDS
WEST FOR A DISTANCE OF 156.19 FEET;
THENCE SOUTH 00 DEGREES 01 MINUTES 40 SECONDS EAST ALONG THE EAST LINE OF SAID
LOT 8A,A DISTANCE OF 27.03 FEET;
THENCE DEPARTING FROM SAID EAST LINE, SOUTH 89 DEGREES 58 MINUTES 20 SECONDS
WEST,A DISTANCE OF 30.20 FEET TO A POINT THAT INTERSECTS WITH THE WEST LINE OF
THE UTILITY EASEMENT ACCORDING TO DOCKET 13554 PAGE 259,PIMA COUNTY RECORDER
AND THE POINT OF BEGINNING;
THENCE NORTH 83 DEGREES 52 MINIM ES 56 SECONDS WEST,A DISTANCE OF 45.59 FEET;
THENCE SOUTH,A DISTANCE OF 8.31 FEET;
THENCE EAST,A DISTANCE OF 18.00 FEET;
THENCE SOUTH,A DISTANCE OF 8.71 FEET;
THENCE SOUTH 83 DEGREES 52 MINUTES 56 SECONDS EAST,A DISTANCE OF 27.49 FEET TO A
POINT THAT INTERSECTS WITH THE SAID WEST LINE OF THE UTILITY EASEMENT
ACCORDING TO DOCKET 13554 PAGE 259,PIMA COUNTY RECORDER;
THENCE NORTHERLY ALONG SAID WEST LINE NORTH 00 DEGREES 02 MINUTES 39 SECONDS
WEST,A DISTANCE OF 15.09 FEET TO THE POINT OF BEGINNING.
CONTAINING 544.61 SQUARE FEET OR 0.0125 ACRES,MORE scojerS.
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ed
ONA
EXPIRES 03-31-2017
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.........................,,
EXHIBIT B
UTIUTY EASEMENT
MERCADO AT CANADA HILLS AMENDED LOT 8A .
..,
LOT 9A
BK. 64 PG. 93, PCR
SEQ. 20123610523 ' POINT OF
S89'58'20”W(R) 156 19'(R) ......11 COMMENCEMENT
G.
LOT 8A
I orn i
BK. 64 PG. 93., PCR POINT OF
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SEQ. 20123610523 BEGINNING ---) 1.-
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EXISTING 15' UTILITY EASEMENT
CD DKT. 13554 PG. 259
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LINE TABLE
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— —
Liini. LINE BEARING DISTANCE
El
_ -
Li S8958'20”W 30.20'
N'cNi is 1
— _ 1 L2 N83'52)56„W 45.59'
_,/ --ick'. / L3 S00*00'00nE 8.31'
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N25•00'54''E(R o / L4 N90'00100”E 18.00”
1
a,14-PA.:74, 19.671(R) L5 S00•00'00”W 8.71'
LEGEND V-'' .f 4,; +33 1 I , L6 S83 52'56"E 27.49',
42017 ,
OTHER PROPERTY LINE COLIN D. / L7 NO0'02'39”W 15.09'
fa /
(R)
— — — ——— EASEMENT 4. HARHARVEY0),
BEARINGS/DISTANCES ksi., , A‘.1.1°• ( i HARVEY LAND SURVEYING, INC
PER RECORDED PLAT „si-
olzoNx.-,0,1461 EAST DARTMOUTH DRIVE
SHEET 1 OF 1 CASA GRANDE, ARIZONA 85233
E`kPires 3 \ ;\
DATE. 11/20/2014 (520) 876-4786